Agenda packet — Mayor and City Council, June 18, 2025 (part 2 of 5)

RESOLUTION NO. 2025-308

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZE THE ACCEPTANCE AND ALLOCATION OF
THE FISCAL YEAR 2025-25 ANNUAL ACTION PLAN AND

FINDING THAT SAID ACTION IS EXEMPT FROM

REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the City of San Bernardino (City) recognizes the importance of community development initiatives in enhancing the quality of life for its residents; and WHEREAS, the US Department of Housing and Urban Development (HUD) enacted the CDBG program in 1974 under the Housing and Community Development Act; and WHEREAS, the City is entitled to receive Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) funds from the United States Department of Housing and Urban Development (HUD); and WHEREAS, for Fiscal Year 2025-25 (FY2025-26), the City will receive $2,712,293 in CDBG funds, $1,149,833.55 in HOME funds, and $241,347 in ESG funds; and WHEREAS, upon approval of the FY2025-26 Annual Action Plan, the Director of Finance & Management Services Director of Finance and Management is authorized to adjust the Fiscal Year 2025-2025 Budget appropriation to align with the FY2025-2026 Annual Action Plan allocation; and
WHEREAS, the FY2025-2026 CDBG allocation will fund $542,458.40 for administration, $688,777.60 for the Section 108 Loan Repayment, $79,015 for Inland Fair Housing Mediation Board, $194,489 for the San Bernardino Police Department, $24,692 for Cedar House, $59,262 for Pearl Transit, and $49,385 for Whole Person Care Clinic, and $1,074,214 for Public Facilities/Improvement projects.

WHEREAS, the FY2025-2026 ESG allocation will fund $18,101 for administration, $167,259 for the Salvation Army, and $55,987 for the Family Association of Redlands.

WHEREAS, the FY2025-2026 HOME allocation will fund $114,983.35 for administration and $1,034,850.20 for affordable housing projects.

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.

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Resolution No. 2025-308
Resolution 2025-308
June 18, 2025

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SECTION 2. The Director of Finance & Management Services is authorized to adjust the FY2025-26 Budget appropriation to align with the FY 2025-26 Annual Action Plan allocation.

SECTION 4. The the City Manager, the Director of Community Development and Housing, or their designee are authorized to take any further actions and execute any further agreements or documents as necessary to effectuate the FY2025-2026 Annual Action Plan, including, but not limited to, subrecipient agreements in substantially the forms set forth in Exhibits A and B to this Resolution, respectively, which are attached hereto and incorporated herein by this reference.

SECTION 5. 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 6. 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 7. 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 18
th day of June 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2025-308
Resolution 2025-308
June 18, 2025

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-308, adopted at a regular meeting held on the 18 th day of June 2025 by the
following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 19 th day of June 2025.

Telicia Lopez, CMC, Acting City Clerk

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COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BY AND BETWEEN

CITY OF SAN BERNARDINO
AND
[SUBRECIPIENT]

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COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT
This COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT (this “Agreement”) is entered into as of [___________, 20__] (the “Effective Date”) by and between THE CITY OF SAN BERNARDINO, a California municipal corporation and charter city (the “City”), and [SUBRECIPIENT], a [_______________] (the “SUBRECIPIENT”). City and SUBRECIPIENT are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

Recitals
City is the recipient of funds from the United States Department of Housing and Urban Development (“HUD”) through the Community Development Block Grant program (“CDBG”) for Fiscal Year [2025-2026], with which City desires to award a portion of its CDBG funds to a SUBRECIPIENT for the purpose of [SERVICES: building, expanding, and or increasing capacity to provide non-profit services in accordance with 24 CFR 570.201(e)][FACILITIES: acquisition, construction, reconstruction, rehabilitation, or installation of public facilities and improvements in accordance with 24 CFR 570.201(c)].

The primary purpose of CDBG is to meet the national objective of benefitting low- and moderate- income citizens. All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208.

The SUBRECIPIENT certifies that the activity(ies) carried out under this Agreement will be for [Name National Objective i.e. LMI or LMC etc.: the benefit of low- and moderate-income persons] and will meet this National Objective by [criteria for LMI benefit] as stated in 24 CFR 570.208. The Subrecipient certifies that the activity(ies) carried out under this Agreement will meet the Eligible Activities requirement of [Enter Matrix Code] as stated in 24 CFR 570.201 [Enter specific reg].

SUBRECIPIENT represents it is eligible, and has submitted an application, to receive a portion of the award of CDBG funds from HUD to the City (the “CDBG Funds”), as a subrecipient (as defined in 24 CFR 570.500(c)) of the City.

SUBRECIPIENT’s application for a subgrant of CDBG Funds in an amount not to exceed $[___________] was approved by the City Council of the City, subject to and contingent upon the allocation and receipt by City of such funds and HUD’s issuance of Authority to Use Grant Funds.

NOW, THEREFORE, upon and in consideration of the mutual promises and covenants contained herein and for other valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties agree as follows:

I. GENERAL SCOPE OF SERVICES
The Parties desire to enter into this Agreement so that SUBRECIPIENT may receive a subaward of a portion of the CDBG funds to perform all required services, work, and other activities required for [NAME OF PROJECT] (the “Project”).

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2 Type of Project: [Project Name and general description] Project Location(s): [location]
Service Area: [describe service area]
Project Budget:

Expense CDBG Award Agency Match Total
A) All required services, work, and other activities for [FACILITIES: the development, [construction,][rehabilitation,] operation, and maintenance of] the Project to be performed by SUBRECIPIENT and its awarded contractors, and/or subcontractors will hereinafter be referred to collectively as the “Services.” SUBRECIPIENT agrees to perform such Services in compliance with the terms of this Agreement, including, without limitation the terms of the Contract Documents (hereinafter defined) and the Federal Grant Regulations (hereinafter defined), and in compliance with all applicable federal, state, and local laws, statutes, ordinances, rules, and regulations.

B) “Contract Documents” will include this Agreement and the following, all as attached hereto and incorporated herein by reference for all purposes, which must be in the attached form or such other form satisfactory to the City in its sole discretion:
a. Exhibit A – Federal Award Identification Table and Scope of Services (including, if applicable, Plans and Specifications,
b. Exhibit B – Award Terms and Conditions,
c. Exhibit C – Federal Requirements for Subrecipients,
d. Exhibit D – Project Budget,
e. Exhibit E – City’s Conflict of Interest Policy,
f. [FACILITIES: Exhibit F – Form of Regulatory Agreement and Declaration of Covenants and Restrictions (“Declaration”),]
g. [FACILITIES: Exhibit G – City’s [Construction Standards],] h. Exhibit [H] – City’s Insurance Requirements and Certificate of Insurance, [and] i. [IF SUBAWARD IS LOAN OR CONDITIONAL GRANT: Exhibit I – [Intercreditor and Subordination Agreement], [and]
j. [FACILITIES: Exhibit J – City’s [Minimum Property Standards][.][, and]

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3 k. [IF APPLICABLE TO PROJECT: Exhibit [K] – City’s Compliance Report Form.] The Contract Documents for the Project shall, unless defined otherwise in the Agreement, include any and all change orders and amendments to the Agreement (including related attachments, exhibits, and reference documents), which shall be for all intents and purposes, upon execution, attached and incorporated into this Agreement by reference.

C) In interpreting this Agreement and resolving any conflicts or ambiguities, the main body of this Agreement shall control over the exhibits, and any inconsistency between the exhibits will be resolved in the following order – Exhibit B, Exhibit C, Exhibit A, Exhibit D, Exhibit E, [Exhibit F,] [Exhibit G,] with the remaining Exhibits being interpreted so as to give the maximum weight to all terms in the Agreement. A higher order document will supersede a lower order document to the extent necessary to resolve any inconsistencies between the documents; however, silence on any matter in a higher order document will not negate the provision of a lower order document as to that matter. Any ambiguities or inconsistencies among documents of identical precedence will be resolved by giving precedence to the most recent document. Notwithstanding the order of precedence set forth above, in the event of a conflict within the Contract Documents of the same priority, the City shall have the right, at its sole discretion, to determine which provision applies.

D) Unless otherwise stated in this Agreement, words that have well-known technical or industry meanings are used in accordance with such recognized meaning.

II. REPRESENTATIONS AND WARRANTIES
SUBRECIPIENT represents and warrants as follows:

A) SUBRECIPIENT is duly organized, validly existing, and in good standing under the laws of the state of its formation and is authorized to do business in the State of California.

B) SUBRECIPIENT is current on state and local fees and taxes. Neither SUBRECIPIENT nor any of its principals or other affiliated entities owe any debts to the City of San Bernardino, including, but not limited to delinquent taxes, court judgments, tickets, tolls, fees, or fines. For the purposes of this Agreement, a court judgment is not required for delinquent taxes to be considered a debt.

C) SUBRECIPIENT is not in breach of any other contract, obligation, or covenant that would affect SUBRECIPIENT’s ability to perform hereunder and, as a result of entering into this Agreement, will not breach any contract to which SUBRECIPIENT is a party or any of SUBRECIPIENT’s obligations or covenants thereunder.

D) SUBRECIPIENT must verify that each entity or person it retains to perform Services pursuant to this Agreement is in compliance with Sections A, B, and C above. If SUBRECIPIENT engages any contractors or subcontractors, SUBRECIPIENT must apply the terms and conditions indicated in this Agreement to any contract or subcontract.

SUBRECIPIENT agrees it is at all times responsible for the performance of SUBRECIPIENT’s contractors and subcontractors. No term or agreement of

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4 SUBRECIPIENT’s agreement with any contractors or subcontractor shall alter the terms and conditions of this Agreement.

E) SUBRECIPIENT must not take advantage of or benefit from any apparent error or omission in the Contract Documents. Should it appear that the Services to be done, or any matter relative thereto, is not sufficiently detailed or explained in the Contract Documents, SUBRECIPIENT must, prior to proceeding with any affected Services, request in writing such further explanations from the City as may be necessary and, subject to any required change orders or amendments, SUBRECIPIENT must comply with the explanation provided. Each Party will promptly notify the other in writing of all errors or omissions that it may discover in the Contract Documents.

F) SUBRECIPIENT is fully qualified and capable of performing the Services called for in this Agreement and is willing to perform these Services.

G) [If SUBRECIPIENT, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, SUBRECIPIENT hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity’s immunities under constitutional, statutory, or common law. This section shall survive termination or expiration of the Agreement.]
H) [SUBRECIPIENT does not meet the criteria to qualify as a Community-Based Development Organization (“CBDO”) under 24 C.F.R. §570.204(c) and is not a CBDO for purposes of this Agreement.][SUBRECIPIENT is certified as a Community-Based Development Organization (“CBDO”) under 24 C.F.R. §570.204(c) by the City.] III. INDEPENDENT PARTIES
A) This Agreement is not intended to create and shall not constitute an agency, employee- employer relationship, partnership, joint enterprise, joint employer, or joint venture relationship between the Parties. SUBRECIPIENT has no authority to enter into contracts or agreements on behalf of the City or to bind or otherwise obligate the City orally, in writing, or by any act or omission.

B) SUBRECIPIENT shall have and retain the exclusive right of control over employment, firing, discipline, compensation, insurance, and benefits in accordance with the applicable laws of the State of California. SUBRECIPIENT must comply with all applicable federal and state laws in the payment of its workers. SUBRECIPIENT is solely responsible for the payment of wages and any applicable benefits to workers for Services performed in connection with this Agreement. SUBRECIPIENT is responsible for withholding federal and state income taxes, paying Federal Social Security taxes, maintaining unemployment insurance, and maintaining workers’ compensation insurance in an amount and under such terms as required by the applicable laws of the State of California.

C) The City is not responsible to SUBRECIPIENT or its workers (or any other entity or entity’s workers performing work on behalf of SUBRECIPIENT) for payment of any

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5 overtime compensation or any additional payments pursuant to any federal or state law.

The City is not responsible for overtime wages.

D) THE CITY HAS AND SHALL HAVE NO LIABILITY, DIRECTLY OR INDIRECTLY, FOR PAYMENT TO SUBRECIPIENT’S WORKERS, INCLUDING, WITHOUT

LIMITATION, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,

SUBRECIPIENTS, OR ANY OTHER PARTY PERFORMING WORK, SERVICES, OR OTHER ACTIVITIES ON BEHALF OF SUBRECIPIENT. TO THE EXTENT NOT

OTHERWISE PROHIBITED UNDER THE LAWS OF THE STATE OF CALIFORNIA,

SUBRECIPIENT SHALL INDEMNIFY, DEFEND, RELEASE, AND HOLD THE CITY HARMLESS FROM AND AGAINST ANY AND ALL SUCH CLAIMS.

E) SUBRECIPIENT’s workers are not entitled to any contributions by or benefits from the City for any pension plan, bonus plan, or any other benefit plan nor any fringe benefits or similar benefits afforded to employees of the City. The City is not liable for payment of any federal or state taxes and charges including, but not limited to, income withholding taxes, social security, unemployment, workers’ compensation, and similar taxes and charges.

F) The terms of this Article III shall survive the expiration or termination of this Agreement.

IV. TERM
The Term (the “Term”) of this Agreement shall commence upon the Effective Date [insert date] and end on [insert end date], except for such provisions of this Agreement that expressly survive expiration or termination hereof, unless earlier extended or terminated by the City in writing in accordance with the terms of this Agreement.

V. SUBRECIPIENT’S RESPONSIBILITIES
A) In carrying out the Project, the SUBRECIPIENT must perform the Services and, in consideration for such performance, the City shall partially fund the performance as stated in Article VI.

B) SUBRECIPIENT must prepare the Project Budget, attached as Exhibit D, specifying the cost by item of (a) all labor, materials, and services necessary for the [FACILITIES:
development and [construction][rehabilitation] of the] Project in accordance with the Scope of Services and all applicable laws, statutes, ordinances, codes, rules, and regulations and (b) all other expenses anticipated by SUBRECIPIENT incident to the Project. The Project Budget must include sufficient detail to provide a sound basis for City to effectively monitor SUBRECIPIENT’s performance under this Agreement, and any modifications to the Project Budget must be approved by City and documented in an amendment to this Agreement. SUBRECIPIENT may request an increase or decrease to line-item amounts in the Project Budget with the City’s prior written approval, in its sole discretion. At no point shall the total Project Budget amount for the Subaward (hereinafter defined) exceed the total Subaward amount as approved by the City.

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6 C) SUBRECIPIENT agrees it has reviewed all federal, state, and local laws, statutes, codes, orders, ordinances, rules, and regulations applicable to the Services under this Agreement.

In the performance of the Services, SUBRECIPIENT must comply with all applicable federal, state, and local laws, statutes, codes, orders, ordinances, rules, and regulations in effect and ensure the Project complies with same. If the SUBRECIPIENT performs any work, services, or any other activities that SUBRECIPIENT reasonably should have known to be contrary to laws, statutes, codes, orders, ordinances, rules, and regulations, the SUBRECIPIENT must assume appropriate responsibility for such performance and bear the costs attributable to correction, subject to the satisfaction of City, of same. All costs of compliance with any changed or new or additional applicable statutes, laws, regulations, and codes required for the Project that become effective subsequent to the date of closing and funding of this Subaward (hereinafter defined) shall be borne by SUBRECIPIENT.

D) SUBRECIPIENT must perform the Services in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.

E) [FACILITIES: SUBRECIPIENT warrants that the Project will conform to the Scope of Services and will be free of any defect in equipment, material, or design furnished, or workmanship. This warranty shall continue for a period of one (1) year from the date of completion of the Project. SUBRECIPIENT must repair or remedy, at SUBRECIPIENT’s sole expense, any failure to conform or any defect. SUBRECIPIENT further warrants such repairs or replacements under this section for one (1) year from the date of any such repair or replacement. Lender or any Eligible Household (hereinafter defined) may notify SUBRECIPIENT of the discovery of any failure, defect, or damage, and SUBRECIPIENT must promptly commence, and diligently pursue to completion, all repairs or remedies.

This section shall survive expiration or termination of this Agreement.] VI. CITY SUBAWARD
A) Subject at all times to Article VIII, the City agrees to [loan][grant] the principal amount of [___________________] and [__]/100 Dollars ($[________________]) (the “Subaward”) to SUBRECIPIENT for the Services and completion of the Project [IF LOAN: pursuant to a loan agreement to be entered into by and between City and SUBRECIPIENT (the “Loan Agreement”]).

B) [IF LOAN FOR FACILITIES: SUBRECIPIENT must ensure that City’s lien secured by the SUBRECIPIENT’s interest in the Project is only subordinate to senior indebtedness approved by City and described in the Intercreditor Agreement (which may include a construction lender and/or the permanent finance lender). Any financing secured by the Project or any other collateral securing the loan of the Subaward that is not referenced in an Intercreditor Agreement must be approved by City in writing, at its sole discretion.] C) SUBRECIPIENT acknowledges and agrees it will not be paid in advance for any of the Services. SUBRECIPIENT must not enter into any contract for performance of any Services, with the exception of those Services paid for at Closing (hereinafter defined) as approved by the City in its sole discretion. [FACILITIES: SUBRECIPIENT acknowledges and agrees the Subaward is subject to environmental review by HUD under the

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7 environmental regulations in 24 C.F.R. Part 58. SUBRECIPIENT must not rehabilitate, convert, lease, repair, dispose of, demolish, or construct property, or commit or expend CDBG or local funds for the Services or other activities unless and until HUD has performed an environmental review and issued the Authority to Use Grant Funds.

SUBRECIPIENT further acknowledges and agrees it will not be paid in advance for any of the Services. SUBRECIPIENT must not enter into any contract for performance of any Services prior to the date of closing and any funding of this Subaward (“Closing”) except as approved by the City in its sole discretion.]
VII. TERMS OF SUBAWARD
A) [SERVICES: SUBRECIPIENT agrees to use the Subaward pursuant to this Agreement only to pay for the necessary and reasonable costs of eligible activities under 24 C.F.R.

Part 570 (including particularly 24 C.F.R. Part 570, Subpart C) in accordance with the Federal Grant Regulations. Allowable costs are detailed in the Project Budget attached in Exhibit D.]
B) [FACILITIES: Project Completion
SUBRECIPIENT must complete the Project on or before [____________, 20__] (the “Project Completion Date”), subject only to delays caused by Force Majeure Events (hereinafter defined). Time is of the essence in the performance of this Agreement.] C) Fund Disbursement Requirements
i) Prior to any and all fund disbursements provided for under this Agreement, SUBRECIPIENT must provide its Taxpayer Identification Number to the City.

Failure to provide this information may result in a delay in payment or withholding of payment as required by the Internal Revenue Service. ii) [FACILITIES ACQUISITION: Prior to disbursement any and all fund disbursements provided for under this Agreement, SUBRECIPIENT must deliver to the City the Declaration executed by SUBRECIPIENT.] iii) The City will disburse the applicable portion of the Subaward in response to each undisputed request for fund disbursement made by SUBRECIPIENT. Requests for fund disbursements are subject to City approval. The City may exercise any and all rights to set off or recoup fund disbursements in the event of overpayment by the City or funds owed to the City under this Agreement. Upon approval of a disbursement request from SUBRECIPIENT, the City will disburse funds to SUBRECIPIENT by check or other mutually acceptable means.
iv) Disbursements of the Subaward made by the City to SUBRECIPIENT are to be considered by the SUBRECIPIENT as full compensation for all costs and expenses (including, without limitation, delivery, shipping, travel, and incidental costs and expenses) for labor, equipment, materials, products, services, and work necessary to provide the Services.

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8 D) Payment Process
i) In addition to any other requirements or restrictions herein, the City shall not be obligated to make any disbursement unless and until: [INCLUDE THE APPLICABLE SECTIONS BELOW]
i. [FACILITIES: The City has received and approved true, legible, complete, and correct copies of the following:

1. The plans and specifications for the Project and the final draft of the general contract for the construction work to be done in connection with the Project;

2. All authorizations and permits that are then
procurable and required by any judicial decisions,
statutes, rulings, rules, regulations, permits,
certificates, or ordinances of any governmental
entity in any way applicable to the acquisition or
proposed use contemplated herein in connection
with the Project and the Property;

3. An original current survey of the Property
containing the certification of the surveyor in form
and substance satisfactory to the City and showing
the perimeter of the Property by courses and
distances, all easements and rights-of-way, the
boundary lines of the streets abutting the Property
and the width thereof, any encroachments and the
extent thereof in feet and inches, the relation of the
proposed improvements to the Property by distances
to the perimeter of the Property and the proposed
building lines, all acceptable to the City and the title company retained by SUBRECIPIENT and
acceptable to City (the “Title Company”) issuing the
commitment for title insurance and corresponding
owner’s title policy for the SUBRECIPIENT’s
interest in the Property [IF LOAN: and the loan
policy of title insurance insuring the loan provided
by City to SUBRECIPIENT pursuant to the Loan
Agreement (the “Loan Policy”),] sufficient to
modify the “areas, boundaries, and encroachments”
exception of the corresponding title insurance to the
maximum extent permitted by law, which must be,
at a minimum, to “shortages in area” only;

4. An environmental report on the Property prepared
by a reputable engineer or other party reasonably
satisfactory to the City, in such detail as the City may

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9 reasonably require, indicating that no part of the
Property is contaminated with or subject to undue
risk of contamination by any Hazardous Materials.

For purposes of this requirement, “Hazardous
Materials” means any flammables, explosives,
radioactive materials, asbestos, petroleum products,
or other hazardous waste, including, without
limitation, substances defined as “hazardous
substances,” “hazardous materials” or “toxic
substances” in any federal, state, or local law,
statute, ordinance, or regulation pertaining to health, industrial hygiene or environmental conditions in,
on, under, or about the Property; and

5. Any other documents and information in the
SUBRECIPIENT’s possession or control as the City
may reasonably require;
ii. SUBRECIPIENT has provided to the City evidence of its compliance (or that it will be in compliance upon
acquisition) with the insurance requirements set forth in Exhibit H;
iii. All existing liens against the Property have been released, or

will be released in their entirety prior to issuance of the owner’s policy of title insurance for SUBRECIPIENT’s
interest in the Property, or such liens have otherwise been approved by the City, in its sole discretion;
iv. This Agreement [and] [the Declaration] have been duly authorized, executed, and delivered to the Title Company in connection with the closing of [the loan of the Subaward to SUBRECIPIENT][SUBRECIPIENT’s acquisition of the
Property] (the “Closing”);
v. The Title Company has issued or has agreed, in writing, to issue, without further condition, both the owner’s policy of title insurance for the benefit of SUBRECIPIENT and the Loan Policy in connection with the Property in a form
acceptable to the City and with only any liens, easements, or other encumbrances that City has previously approved in writing, in City’s sole discretion; and
vi. SUBRECIPIENT has complied with each and every
provision of this Agreement that requires such compliance as a condition to any disbursement by the City of the
Subaward, unless the City has waived any such requirement in writing.]

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10 [FACILITIES ACQUISITION: Upon SUBRECIPIENT’s request for a disbursement of the Subaward at Closing and approval of such request by the City, the City may transfer such amount directly to the Title Company in connection with the Closing.

The transfer of all or any part of the Subaward to the Title Company does not qualify as a disbursement to the SUBRECIPIENT, provided that (a) the funds so transferred are held by the Title Company in escrow until such time as the City authorizes the Title Company to release funds to SUBRECIPIENT and (b) if Closing does not occur within thirty (30) days following the estimated closing date provided herein, the all transferred funds are promptly returned to City with the SUBRECIPIENT paying any applicable escrow or bank fees regarding such transfer.]
ii) [FACILITIES ACQUISITION: Except for with respect to any disbursement at Closing,] SUBRECIPIENT must submit an invoice for Project costs to the City on a [monthly] basis, unless an alternative process for approval of invoices is agreed to by City and such alternative process complies with the applicable provisions of the Intercreditor Agreement.

All invoices with the appropriate backup documentation must be submitted to:
[CITY ADDRESS FOR INVOICES].
iii) All invoices must be in a form acceptable to the City and, at a minimum, include a description of the Services, the day(s) and time(s) or time period, as applicable, that SUBRECIPIENT performed such Services, and the total amount billed for such Services in such detail as may be requested by the City for verification and compliance review purposes. After receipt of an invoice, the City shall review and approve it, with such modifications as may be deemed appropriate, for payment. Subject at all times to Article VII and the City’s right to set off or to withhold payment of any unauthorized charges, the City shall pay each approved invoice in accordance with the laws of the State of California. The City may exercise any and all rights to set off payment in the event of overpayment by the City and/or funds owed to the City under this Agreement.
iv) The City has the right to make periodic audits and inspections of the SUBRECIPIENT’s records related to any Services performed pursuant to this Agreement. SUBRECIPIENT agrees to make the records available to the City within five (5) business days of the City’s request in either physical or electronic form and in a manner as reasonably directed by City.

VIII. LIMITATION OF APPROPRIATION
A) SUBRECIPIENT understands and agrees that this Agreement is contingent upon the availability of third-party funds, including but not limited to federal funds awarded by HUD to the City (“Grant Funds”). SUBRECIPIENT expressly understands and agrees that (i) the City has no City funds available with which to pay its obligations hereunder except to the extent the Grant Funds awarded to the City are allocated and received by the City and (ii) the City’s obligation to make any payments under the Agreement using Grant Funds is limited to the amount of Grant Funds actually received and appropriated and is

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11 subject to all applicable requirements of federal law. SUBRECIPIENT agrees City shall not be liable under any circumstances or any interpretations hereof for any amount under this Agreement until the Grant Funds are received from HUD and available and appropriated for funding this Agreement, and SUBRECIPIENT understands and agrees that the total maximum subaward that SUBRECIPIENT may become entitled to hereunder, and the total maximum sum that the City shall become liable to pay to SUBRECIPIENT hereunder, shall not under any conditions, circumstances, or interpretations exceed such sum. SUBRECIPIENT’s sole remedy for unavailability or non-appropriation of the funds will be to terminate this Agreement as permitted by and in accordance with Article X
.

B) It shall be the obligation of SUBRECIPIENT to ensure that sufficient funds have been allocated to pay for the Services. Should SUBRECIPIENT receive any Grant Funds from the City that are determined not to be subject to or eligible for payment with Grant Funds, SUBRECIPIENT shall refund to the City any and all such amounts that have been paid by the City. SUBRECIPIENT also understands and agrees that this Agreement is contingent upon SUBRECIPIENT’s eligibility to receive funds under all applicable federal statutes and regulations, including, without limitation, all CDBG requirements, and SUBRECIPIENT hereby represents and warrants that it is eligible to receive funds under all applicable federal statutes and regulations.

C) In the event the Grant Funds are unavailable, discontinued, or reduced during the Term of this Agreement, the City shall not be liable for payment of any funds above the actual amount of Grant Funds allocated and received by the City and appropriated for the purpose of funding this Agreement. In the event the Grant Funds are unavailable, discontinued, or reduced, the SUBRECIPIENT’s sole and exclusive remedy shall be to terminate this Agreement, and City shall not be deemed in default or breach of this Agreement.

D) In the event of termination due to non-appropriation or recapture of funds by HUD, City shall not be considered in default or breach of this Agreement.

E) SUBRECIPIENT expressly agrees that it shall not be entitled to damages or remedies of any kind, including, without limitation, damages for work performed, any liquidated or incidental damages, late fees, penalties, or finance charges.

F) In order to be eligible for payments under the Subaward, SUBRECIPIENT agrees to comply with and, to the extent required under applicable law, cause compliance by all other subrecipients, contractors, and subcontractors, with all of the applicable terms and requirements mandated under federal law, including without limitation under CDBG regulations (24 C.F.R. Part 570) and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards (2 C.F.R. Part 200) (collectively with the requirements of Exhibits B and C attached hereto, the “Federal Grant Regulations”). SUBRECIPIENT further agrees to reimburse the City, within thirty (30) days after written notice, for any Grant Funds received from the City under this Agreement that are determined to be ineligible under the Federal Grant Regulations.

G) SUBRECIPIENT understands and agrees that it shall not proceed with any Services until it receives written authorization from the City to begin. If at any time during the term of

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12 this Agreement, SUBRECIPIENT knows or reasonably should know that the funds available will not cover the cost of the Services, SUBRECIPIENT must promptly notify the City of same.

IX. PUBLIC RECORDS ACT
A) The Parties expressly acknowledge that this Agreement is subject to open government laws, including the California Public Records Act (Gov. Code §§ 7920.000, et. seq.).

SUBRECIPIENT expressly understands and agrees that the City shall release any and all information necessary to comply with California law without the prior written consent of SUBRECIPIENT. It is further understood that the City and its officers, officials, managers, directors, and employees shall have no liability or obligations to SUBRECIPIENT for the disclosure to the public, or to any person or persons, of any materials or information, or a part thereof, released in accordance with the requirements of applicable law.

X. TERMINATION
A) Termination for Convenience. In the event City receives notice at any time from HUD or any other applicable federal or state agency that HUD is terminating the award, in whole or in part, to the City or repayment of all or any portion of the Grant Funds is required, the City may terminate this Agreement for convenience, in whole or in part, by giving written notice to the SUBRECIPIENT of such termination, and specifying the effective date thereof (“Notice of Termination”). If the termination is for the convenience of the City, the City shall – subject at all times to Article VIII, and consistent with all applicable law – provide disbursements of the Subaward then due and payable, including any disbursements for Services performed, subject to the reasonable satisfaction of the City, prior to the Notice of Termination for which SUBRECIPIENT has submitted reimbursement requests (properly supported by documentation requested by the City) prior to the effective date of termination. This Agreement shall terminate on the date provided in such Notice of Termination, which shall be no less than ninety (90) days after the date of such Notice of Termination.

B) Termination for Cause. If SUBRECIPIENT fails to materially perform pursuant to the terms of this Agreement, the City may elect to provide written notice to SUBRECIPIENT specifying the default (“Notice of Default”). If City elects to provide such Notice of Default and SUBRECIPIENT does not cure such default within the time required by the City, which shall be no less than thirty (30) days after the date of such Notice of Default, the City may terminate this Agreement for cause by providing notice to SUBRECIPIENT specifying the effective date of such termination (“Notice of Termination for Cause”). If the termination is for cause, SUBRECIPIENT shall – subject at all times to Article VIII – receive disbursements for that portion of the work or materials provided (properly supported by documentation requested by the City) that have been fully and adequately completed and accepted by the City as of the termination date the City provides in the Notice of Termination for Cause. In such case, the City shall have the right to take whatever steps it deems necessary to complete the Project and correct SUBRECIPIENT’s deficiencies and charge the full costs of the City’s corrective action(s), including, without limitation, reasonable overhead, profit, and attorneys’ fees, to SUBRECIPIENT.

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13 In addition, SUBRECIPIENT shall be deemed to be in default of this Agreement 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 interests hereunder.

C) CDBG Termination Requirements; Reversion of Assets. If at the time of the expiration or termination of this Agreement there is under the control of SUBRECIPIENT any Subaward funds or accounts receivable attributable to the Subaward funds, then SUBRECIPIENT must immediately transfer such funds or accounts to City. If at the time of the expiration or termination of this Agreement there is under the control of SUBRECIPIENT any property, real or otherwise, that was acquired or improved in whole or in part with Subaward funds in excess of Twenty-Five Thousand Dollars ($25,000), then, in accordance with 24 C.F.R. §§ 570.503(b)(7) and 5704.504(c), SUBRECIPIENT must pay to City an amount equal to the current market value of such property, less any portion of the value attributable to expenditures of non-federal funds for the acquisition of, or improvement to, such property; provided, however, SUBRECIPIENT may, upon request to and with prior written consent of City, instead use such property to meet one of the national objectives in 24 C.F.R. §570.208 until five (5) years after expiration or termination of this Agreement, or for such longer period of time as may be required by City in its sole discretion.

D) Reimbursement; Remedies. The City shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold disbursements for defective work or damages caused by SUBRECIPIENT’s performance of the work.

In accordance with 2 CFR 200.339, in addition to any remedies for a default under this Agreement as provided herein, at law, or in equity, City may elect to pursue the following:
i) Repayment from SUBRECIPIENT to City of any amount which the State or Federal government determines to have been misused or are subject to repayment;
ii) Modify any plans, budget, compensation terms, schedules, manner of providing services or other activities in connection with this Agreement, or take other actions directed or recommended by the State or Federal government; iii) Elect to have SUBRECIPIENT re-perform or cause to be re-performed, at SUBRECIPIENT’s sole expense, any work which failed to meet the requirements of this Agreement;

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14 iv) In the case of goods, reject the goods and require SUBRECIPIENT to provide replacement goods that meet the needs of City and the terms of this Agreement; or
v) Hire another contractor, subcontractor, or vendor to perform the work and deduct any additional costs incurred by City as a result of substituting contractors, subcontractors, or vendors from any amounts due to SUBRECIPIENT.

E) Ownership of Documents. Information, programs, software, firmware, designs, hardware, documentation, data, source code, and any literary works and other works of authorship created under or in connection with this Agreement (collectively the “Documents”) shall be delivered to the City when this Agreement expires or is terminated. SUBRECIPIENT acknowledges and agrees it has no ownership in the Documents, and such Documents are owned by the City.

F) Additional Termination Provisions. Upon receipt of a Notice of Termination or a Notice of Termination for Cause specifying the extent of the termination, the effective date of the termination, regardless of whether the termination is for cause or for convenience, SUBRECIPIENT shall promptly discontinue the Services unless such notice directs SUBRECIPIENT to the contrary. SUBRECIPIENT shall deliver and transfer title to the City for all Documents and provided materials and completed work, and work in progress, including, without limitation, drafts, documents, plans, forms, maps, products, graphics, computer programs, software, hardware, and reports created under or in connection with this Agreement. The rights and remedies provided in this article are in addition to any other rights and remedies provided under this Agreement, at law, or in equity, including, without limitation, the right to specific performance. SUBRECIPIENT acknowledges the City’s right to terminate this Agreement with or without cause as provided in this article and hereby waives any and all claims for any damages, including, without limitation, special, indirect, punitive, incidental, exemplary, or consequential damages, losses, or lost profits, that might arise from the City’s act of terminating this Agreement. City shall not be liable for any costs other than the charges or portions thereof that are authorized by this Agreement. If City terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, SUBRECIPIENT shall be entitled to receive only the amounts payable under this article, and SUBRECIPIENT specifically waives any claim for any other amounts or damages, including, without limitation, special, indirect, punitive, incidental, exemplary, or consequential damages, losses, or lost profits, arising from the City’s act of termination.

G) [FACILITIES: Force Majeure. Notwithstanding anything to the contrary set forth in this Agreement, all deadlines and other dates set forth herein, including notice and cure periods, shall be extended for delays caused by Force Majeure Events beyond the reasonable control of the non-performing party, to the extent affected by such circumstances and to the extent that due diligence is being used to resume performance at the earliest practicable time. Force Majeure Events shall include the following: Acts of God; strikes (including walk-outs and work stoppages due to a labor dispute); lockouts or

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15 other industrial disturbances; acts of public enemies; orders of any kind of any governmental authority, including, without limitation, any civil or military authority, government shut down orders resulting from epidemics and pandemics, or applicable governmental declarations of regional and/or national emergency; insurrections; riots; restraint of government and people; civil disturbances; theft; vandalism; landslides; lightning; earthquakes; fire; hurricanes; extreme storms; floods; washouts; droughts; explosions; Hazardous Materials or environmental contamination not caused by or attributable to SUBRECIPIENT (including their employees, agents, representatives, subrecipients, contractors, or subcontractors); breakage or accident to machinery, transmission pipes, or canals; and/or partial or entire failure of utilities. Should such circumstances occur, the non-performing Party shall, as soon as practicable, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.] Notwithstanding anything to the contrary in this Agreement, in the event any delay in SUBRECIPIENT’s performance, whether or not such delay is due to any Force Majeure Events, continues for more than one hundred twenty (120) consecutive days, City shall have no further obligation to make further disbursements and shall have the right to terminate this Agreement with no liability to City or further obligation to SUBRECIPIENT, in addition to any other rights and remedies of City under this Agreement, at law, or in equity.

H) Confidential Information. Subject at all times to all record keeping and other obligations set forth herein, within thirty (30) days following written request following termination of this Agreement, each Party must return or destroy all confidential information marked as such of the other Parties in its possession and must not make or retain any copies of such confidential information except as provided for under this Agreement or as required to comply with any applicable legal or accounting record keeping requirements.

XI. NOTICE
A) Any notice required to be given under the provisions of this Agreement shall be in writing and shall be duly served when it shall have been delivered in person or deposited, enclosed in a wrapper with the proper postage prepaid thereon, and duly registered or certified, return receipt requested, in a United States Post Office, addressed to the Parties at the following addresses. If mailed, any notice or communication shall be deemed to be received three (3) days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, all notices shall be delivered to the following addresses, with a courtesy copy provided to the other Parties by email at address(es) provided below:

To City: City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Attn: Community Development & Housing Department
To SUBRECIPIENT: [SUBRECIPIENT]

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16 Attn:

Any Party may designate a different address by giving the other Parties ten (10) days written notice.

II. INDEMNIFICATION

THE PROVISIONS OF THIS ARTICLE SHALL SURVIVE THE TERMINATION

OF THIS AGREEMENT, HOWEVER CAUSED, AND NO PAYMENT, PARTIAL

PAYMENT, OR ISSUANCE OF EITHER A CERTIFICATE OF SUBSTANTIAL

COMPLETION OR FINAL ACCEPTANCE IN WHOLE OR IN PART SHALL WAIVE OR RELEASE ANY OF THE PROVISIONS OF THIS ARTICLE.

TO THE EXTENT NOT OTHERWISE PROHIBITED UNDER THE LAWS OF THE STATE OF CALIFORNIA, SUBRECIPIENT (“INDEMNIFYING PARTY”)

SHALL INDEMNIFY, DEFEND (WITH COUNSEL REASONABLY

ACCEPTABLE TO CITY), RELEASE, AND HOLD HARMLESS THE CITY AND

ITS OFFICERS, OFFICIALS, DIRE CTORS, MANAGERS, EMPLOYEES,

AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS
(“INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS,

LIABILITY, EXPENSE, JUDGMENT, SUIT, CAUSE OF ACTION, DEMAND,

OR OTHER DAMAGES (INCLUDI NG, WITHOUT LIMITATION,
REASONABLE ATTORNEYS’ FEES AND COURT COSTS THAT MAY BE

INCURRED BY THE CITY IN LITIGATI ON OR OTHERWISE RESISTING

SAID CLAIMS OR LIABILITIES THAT MIGHT BE IMPOSED ON THE

INDEMNIFIED PARTY AS THE RESULT OF SUCH ACTIVITIES BY THE

INDEMNIFYING PARTY OR ANOTHER ENTITY OVER WHICH THE

INDEMNIFYING PARTY EXERCISES CONTROL OR FOR WHOSE ACTS

INDEMNIFYING PARTY MAY BE LIABLE) OF ANY KIND OR CHARACTER

WHATSOEVER THAT MAY BE ASSERTED OR ACCRUE AGAINST AN

INDEMNIFIED PARTY DUE TO, ARISING OUT OF, OR IN CONNECTION WITH ANY INTENTIONAL TORT; PERSONAL INJURY, DEATH, OR
DAMAGE TO PROPERTY; INTELLECTUAL PROPERTY INFRINGEMENT; FAILURE TO PAY A LABORER, SUPPLIER, OR ANY OTHER PARTY;

BANKRUPTCY, STATE OR FEDERAL TAX LEVIES OR LIENS, OR OTHER

SIMILAR LEGAL PROCEEDINGS AFFECTING THE INDEMNIFYING

PARTY, IN WHICH THE INDEMNIFIED PARTIES MAY BECOME IN ANY WAY INVOLVED; OR ANY OTHER ACT, ERROR, OR OMISSION

COMMITTED BY THE INDEMNIFYING PARTY OR ANOTHER ENTITY

OVER WHICH THE INDEMNIFYING PARTY EXERCISES CONTROL OR

FOR WHOSE ACTS INDEMNIFYING PARTY MAY BE LIABLE, RELATING

TO THE SERVICES OR THIS AG REEMENT, AND WHICH DOES NOT

RESULT FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNIFIED PARTY.

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17 CITY WILL PROVIDE THE INDEM NIFYING PARTY PROMPT, WRITTEN

NOTICE OF ANY SUCH CLAIM OR SUIT AND SHALL REASONABLY

COOPERATE WITH THE INDEMNIFYING PARTY IN ITS DEFENSE OR SETTLEMENT OF SUCH CLAIM OR SUIT.

IF A RESTRAINING ORDER OR TEMPORARY INJUNCTION IS GRANTED

DUE TO ANY ACT, ERROR, OR OMISSION OF THE INDEMNIFYING PARTY

OR ANOTHER ENTITY OVER WHICH THE INDEMNIFYING PARTY

EXERCISES CONTROL, THE INDEMNIFYING PARTY SHALL MAKE

EVERY EFFORT, INCLUDING, BUT NOT LIMITED TO, SECURING A BOND

IN ACCORDANCE WITH APPLICABLE LAW AND SATISFACTORY TO THE

CITY TO OBTAIN THE SUSPENSION OF ANY SUCH RESTRAINING ORDER OR TEMPORARY INJUNCTION.

CITY RESERVES THE RIGHT TO BE INDEPENDENTLY REPRESENTED BY

COUNSEL OF ITS OWN CHOICE IN CONNECTION WITH ANY SUCH SUIT OR PROCEEDING.

XIII. COMPLIANCE AND STANDARDS
A) Confidential Information. The Parties agree to keep confidential the contents of all confidential discussions among the Parties. Except where disclosure is required by law, the Parties agree to keep confidential the contents of all confidential records disclosed by the disclosing Party and other information identified by the disclosing Party as confidential or deemed confidential by applicable federal, state, or local law and obtained during the performance of Services under this Agreement. Except for contractors, subcontractors, suppliers, and vendors who have a need to know in order to perform their respective scope of work in support of this Agreement and who are subjected to similar confidentiality obligations as those set forth herein, the Parties shall not release any confidential information unless the disclosing Party, in writing, authorizes such release of specific, confidential information to any third parties.

B) The Parties shall not access any information they are not authorized to receive, whether such authorization comes through this Agreement or otherwise. SUBRECIPIENT must not copy, recreate, or use any proprietary information or proprietary documents obtained from the City in connection with this Agreement other than for the performance of this Agreement.

C) SUBRECIPIENT must not divulge or otherwise make use of the trade secrets or confidential information, procedures, or policies of any former employer, client, or customer in the performance of this Agreement, nor shall SUBRECIPIENT copy, recreate, or use any proprietary information of any third party in the performance of Services under this Agreement except to the extent authorized by such third parties.

D) No Breach or Default. SUBRECIPIENT is not in breach of any other contract, obligation or covenant that would affect SUBRECIPIENT’s ability to perform under this Agreement and, as a result of entering into this Agreement, will not breach any such contract, obligation, or covenant.

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18 E) Conflict of Interest. SUBRECIPIENT has not nor shall it knowingly acquire any interest that would conflict in any manner with the performance of its obligations under this Agreement. Furthermore, no company or person, other than a bona fide employee, has been employed to solicit or secure this Agreement with the City, and SUBRECIPIENT has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this provision, the City shall have the right to terminate this Agreement without liability and, at City’s discretion, to deduct from the Subaward or otherwise recover the full amount of such fee, percentage, brokerage fee, gift, or other consideration.

F) Lobbying. SUBRECIPIENT shall not use funds received under this Agreement to directly or indirectly pay any person for influencing or attempting to influence any public employee or official in connection with the awarding of any contract or the extension, continuation, renewal, amendment, or modification of any contract. Pursuant to 31 U.S.C. § 1352 (2003), if at any time during the Term of this Agreement funding to SUBRECIPIENT exceeds $100,000.00, SUBRECIPIENT shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.”
G) Affiliated Entities. SUBRECIPIENT shall not enter into any subcontract, contract agreement, purchase order, or other arrangement (“Arrangement”) for the furnishing of all or any portion of the Services or other labor or materials in connection with the Project with any party or entity if such party or entity is an Affiliated Entity (as defined below) of SUBRECIPIENT unless approval of such Arrangement has been granted by City, after full disclosure in writing by SUBRECIPIENT to City of such affiliation or relationship and all details relating to the proposed Arrangement. “Affiliated Entities” means business concerns or individuals if, directly or indirectly –
i) Either one controls or can control the other party; or ii) A third-party controls or can control both.

Any holder of more than ten percent (10%) of the issued and outstanding shares of another entity shall be deemed to have a controlling interest in said entity.

H) No Federal Exclusion.
i) Neither SUBRECIPIENT nor any of its employees is an “Ineligible Person.” An “Ineligible Person” is an individual or entity who:
a) is currently excluded, debarred, suspended, or otherwise ineligible to participate in any federal and/or state grant, health care program, or in federal and/or state procurement or nonprocurement programs. This includes but is not limited to persons who are on the List of Excluded Individuals or Entities of the Inspector General, List of Parties excluded from Federal Programs by the General Services Administration or the Medicaid Sanction List; or,

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19 b) has been convicted of a criminal offense related to the provision of health care items or services within the rules and regulations of 42 USC §1320a-7(a), but has not yet been excluded, debarred, suspended, or otherwise declared ineligible.
ii) SUBRECIPIENT agrees to promptly report to the City if it becomes an “Ineligible Person” during the Term of this Agreement, or to cease assigning any employee to provide Services if the employee becomes an “Ineligible Person” during the Term of this Agreement.
i) SUBRECIPIENT is not debarred, suspended, or otherwise excluded from or ineligible for participation in any Federal programs, including but not limited to the following: Department of Health and Human Services (DHHS), Office of Inspector General (OIG) – List of Excluded Individuals & Entities (LEIE); U.S. General Services Administration (GSA) – Excluded Parties List System (EPLS); All States (50) Health & Human Services Commission Medicaid OIG Sanction List; Government Terrorist Watch List (OFAC/Patriot Act); Department of Commerce, Bureau of Industry and Security, Denied Persons List; and Department of Homeland Security, Immigration and Customs Enforcement (ICE) Most Wanted.

SUBRECIPIENT must immediately notify the City of any such exclusion or suspension. SUBRECIPIENT is in good standing with all State and Federal agencies that have a contracting or regulatory relationship with the City. No person who has an ownership or controlling interest in SUBRECIPIENT’s business or who is an agent, principal, or managing employee of SUBRECIPIENT has been convicted of a criminal offense related to involvement in any federal program.

A) Whistleblower Protection Act. SUBRECIPIENT understands and agrees that this Agreement and its employees working on this Agreement will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239). SUBRECIPIENT shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712. SUBRECIPIENT shall insert the substance of this clause (“Whistleblower Protection Act”) in all contracts and subcontracts entered into in connection with this Agreement.

B) Interested Parties. Prior to execution of the Agreement, SUBRECIPIENT shall, as an update, complete the City’s [Conflict of Interest Form concerning “Interested Parties.”] The information on the form must be complete and accurate.

C) Compliance with Federal Requirements. SUBRECIPIENT acknowledges and agrees it is a subrecipient (as defined in 24 C.F.R. § 570.500(c)) of the City and must comply with the applicable requirements of the Federal Grant Regulations, including, without limitation, 2 C.F.R. §§ 200.330–200.331.

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20 SUBRECIPIENT agrees to comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives, as well as state and local laws, regulations, and policies governing the funds provided under this Agreement. With respect to any conflict between such federal requirements and the terms of the Agreement and the provisions of state or local law, the strictest requirement shall control except as otherwise required under federal law or regulation. Violations of law will be referred to the proper authority in the applicable jurisdiction. SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

Contracts and subcontracts entered into by SUBRECIPIENT in connection with this Agreement shall comply with all applicable federal laws, regulations, executive orders, policies, procedures, and directives.
i) Fund payments are considered to be federal financial assistance subject to the Single Audit Act, codified at 31 U.S.C. §§ 7501–7507.
ii) SUBRECIPIENT is subject to a single audit or program specific audit under 2 C.F.R. § 200.501(a) when SUBRECIPIENT spends $1,000,000 or more in federal awards during the fiscal year, and SUBRECIPIENT must arrange for an independent financial and compliance audit annually for each such fiscal year and submit the results to City within thirty (30) days of completion. iii) Fund payments are subject to 2 C.F.R. § 200.303 regarding internal controls. iv) Fund payments are subject to 2 C.F.R. §§ 200.331–200.333 regarding subrecipient monitoring and management.
v) Fund payments are subject to Subpart F of the Uniform Guidance regarding audit requirements.

Subawards, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement, including but not limited to 2 C.F.R. §§ 200.303, 200.331– 200.333, and 200.501(a) and 2 C.F.R. Part 200, Subpart F.

L) Project Direct and Indirect Costs. SUBRECIPIENT may use funds for administering the program, including costs of consultants to support effective management and oversight, including consultation for ensuring compliance with legal, regulatory, and other requirements. Costs must be reasonable and allocable as outlined in 2 C.F.R. §§ 200.404– 200.405. SUBRECIPIENT is permitted to charge both direct and indirect costs to the Subaward as administrative costs as long as they are accorded consistent treatment per 2 C.F.R. § 200.403. Each category of cost should be treated consistently in like circumstances as direct or indirect, and SUBRECIPIENT must not charge the same administrative costs to both direct and indirect cost categories, or to other programs.

M) Program Income. “Program Income” means, as defined under 24 C.F.R. § 570.500(a) and in accordance with 24 C.F.R. § 570.504(c), the gross income received by the SUBRECIPIENT that is generated by the use of the Subaward and includes the repayment,

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21 interest, and return on the investment of the Subaward. Program Income funds are accrued during the program year, then included in and committed in the next year’s action plan.

SUBRECIPIENT agrees to calculate, document, and record SUBRECIPIENT’s Program Income. SUBRECIPIENT also agrees to implement written policies that explicitly identify appropriate allocation methods, accounting standards and principles, compliance monitoring checks for program income calculations, and records.

D) Cost Principles. Costs incurred, whether charged on a direct or an indirect basis, must be in conformance with 2 C.F.R. Part 200, Subpart E.

E) Reporting Obligations. SUBRECIPIENT must submit regular [monthly] progress and financial reports to the City, in form and substance satisfactory to City, containing, at a minimum, the information required under 2 C.F.R. §§ 200.328-.330, in compliance with all Federal Grant Regulations.

F) No Obligation by Federal Government
None of the Federal government, HUD, and any other federal agency or pass-through entity providing financial assistance are a party to this Agreement or any transaction between a subrecipient and a contractor or subcontractor. The Federal government or any other federal agency or pass-through entity providing financial assistance are not subject to any obligations or liable to any party for any matter relating to this Agreement.

G) Program Fraud & False or Fraudulent Statements or Related Acts Recipients, subrecipients, and contractors must comply with 31 U.S.C. Chapter 38, Administrative Remedies for False Claims and Statements, which shall apply to the activities and actions of recipients, subrecipients, contractors, and subcontractors pertaining to any matter resulting from a contract.

H) Fraud, Waste, and Abuse Reporting
SUBRECIPIENT must promptly report to the City through the [City’s Fraud, Waste, or Abuse Program, at: [NUMBER/WEBSITE/OTHER]] and also notify the City in accordance with all the Notice provisions contained in this Agreement of all suspected or known instances and facts concerning fraud, waste, abuse, or criminal activity under this Agreement.

I) [FACILITIES: Displacement and Relocation. SUBRECIPIENT must take all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of the Services. If the Services will result in the displacement of persons, SUBRECIPIENT must comply with the requirements of 24 CFR 570.606 and the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations at 49 CFR Part 24.] III. PROJECT ADMINISTRATION REQUIREMENTS

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22 A) Pre-award Costs. If applicable, only pre-award costs in accordance with 24 C.F.R. § 570.200(h) are eligible for payment from Subaward funds.

B) Direct and Indirect Costs. SUBRECIPIENT may use funds provided under the Subaward to cover both direct and indirect costs.

C) Financial Management. SUBRECIPIENT agrees to comply with and adhere to any accounting principles and procedures required by federal law, as well as utilize adequate internal controls relating to performance of this Agreement. SUBRECIPIENT’s accounting systems to record expenditures must be established and maintained in accordance with generally accepted, sound accounting standards.

D) Universal Identifier and System for Award Management. SUBRECIPIENT must comply with the requirements of 2 C.F.R. Part 25 (Universal Identifier and System for Award Management (SAM)). The SUBRECIPIENT must have an active registration in SAM in accordance with 2 C.F.R. Part 25, Appendix A, and must have a Unique Entity Identifier.

The SUBRECIPIENT must also comply with provisions of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, and 2 C.F.R. Part 170 (Reporting and Subaward and Executive Compensation Information).

E) Procurement and Contractor Oversight. SUBRECIPIENT acknowledges that it is a subrecipient, as defined in federal law, of the City and is obligated to comply with all applicable federal requirements, including the procurement standards in 2 C.F.R. §§ 200.317–200.327, in the procurement of its contractors performing the Services on the Project under this Agreement and to include all applicable federal requirements in its contracts with such contractors. SUBRECIPIENT must maintain oversight of all activities under this Agreement and shall ensure that for any procured contracts their respective contractors perform according to the terms and conditions of the procured contracts and the terms and conditions of this Agreement.

F) Audits, Documentation & Recordkeeping/Record Retention. SUBRECIPIENT must establish a written policy for recordkeeping and maintain records sufficient to enable the City to (1) determine whether the SUBRECIPIENT has complied with this Agreement, applicable Federal statutes and regulations, and the award terms and conditions and (2) satisfy recordkeeping requirements applicable to the City through regulations and guidance issued by HUD.
i) The City, any Federal or state agency (including without limitation any federal Inspectors General), the Comptroller General of the United States, or any of their authorized representatives (each an “Auditor”), shall have the right of access to any facilities and to any records, documents, financial statements, papers, or other records of the SUBRECIPIENT in order to make audits, examinations, excerpts, and transcripts related to this Agreement.

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23 studies, and audits before or after payment. The right of access of Auditor also includes timely and reasonable access to the SUBRECIPIENT’s personnel for the purpose of interview and discussion related to such documents. All payments made by City are subject to re-evaluation and refund or withholding of future payments conditioned on the results of the audit. SUBRECIPIENT agrees that in the event its performance under this Agreement is subjected to audit exceptions by appropriate federal audit agencies, SUBRECIPIENT shall be responsible for complying with such exceptions and paying City the full amount of City’s liability to the funding agency resulting from such audit exceptions.
ii) All recipients, subrecipients, contractors, subcontractors, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing access to records, accounts, documents, information, and facilities.
iii) To the extent required by and in accordance with 2 C.F.R. Part 200 and any applicable guidance from HUD, recipients, subrecipients (including SUBRECIPIENT), contractors, subcontractors, successors, transferees, and assignees must retain sufficient records, which may include, but are not limited to, financial records, supporting documents, statistical records, and all other records pertinent to the Agreement. Subject to and in accordance with the requirements set forth and in accordance with 2 C.F.R. Part 200 (including particularly 2 C.F.R. Part 200, Subpart D) and any applicable guidance from HUD, records shall be maintained by SUBRECIPIENT for a period of five (5) years after this Agreement has ended; provided, however, in the event of litigation, claim, or audit, the records must be retained until all litigation, claims, and audit findings involving the records have been fully resolved. iv) This Section XI(F) shall survive termination of this Agreement.

G) Personally Identifiable Information. SUBRECIPIENT must take reasonable measures to safeguard protected personally identifiable information, and other information the City designates as sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. For purposes of this provision, the definition for personally identifiable information found at 2 C.F.R. § 200.1 is incorporated herein.

H) Reimbursement of Eligible Costs. SUBRECIPIENT shall not be entitled to disbursement of the Subaward except on a reimbursement basis in accordance with this Agreement, including, but not limited to, compliance with the disbursement request process provided in this section and the Federal Grant Regulations. [SELECT APPLICABLE PROVISIONS BELOW]
i) SUBRECIPIENT must submit an application for payment of the applicable portion of the Subaward in accordance with the Budget no more frequently than once in any [thirty (30) day] period (each, an “Application for Payment”) to

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24 City [FACILITIES: and the lender of any other construction loan (“Construction Lender”)].
ii) [SERVICES: If the Budget includes reimbursement of eligible soft costs of the Project, such as insurance premiums (“Soft Costs”), from the Subaward, draw requests for Soft Costs eligible for reimbursement in accordance with the Budget and the Federal Grant Regulations shall be submitted as a separate Application for Payment from a construction draw request. iii) Each Application for Payment shall include invoices from any contractors or other vendors and for all project delivery costs (including utility or rent payments on behalf of beneficiaries), or, for Soft Costs, other and each Application for Payment shall be submitted timely for the costs incurred in the prior month.
iv) Upon approval of an Application for Payment, SUBRECIPIENT must submit a request for reimbursement (“Request for Reimbursement”) including the original Application for Payment and all supporting documentation (including , without limitation, timesheets and payroll reports) and evidence of payment, as well as any other forms, including but not limited to compliance and monitoring forms, required to be submitted to City in order to obtain approval of the Request for Reimbursement by the City in accordance with this Agreement and the Federal Grant Regulations.]
v) [FACILITIES: If the Budget includes reimbursement of eligible soft costs of the Project, such as insurance premiums and payments to architects and/or engineers (“Soft Costs”), from the Subaward, draw requests for Soft Costs eligible for reimbursement in accordance with the Budget and the Federal Grant Regulations shall be submitted as a separate Application for Payment from a construction draw request.
vi) SUBRECIPIENT acknowledges that City shall require an independent inspection of the progress of construction of the Project to verify the completion of the work covered by each Application for Payment (with the exception of Soft Costs) in accordance with the final plans approved by the City (together with any change orders approved by City and Construction Lender in accordance with their respective loan documents). City may accept the report from an independent third-party inspector performed on behalf of Construction Lender at City’s sole discretion (each such report an “Inspector’s Report”).
vii) Each Application for Payment shall include invoices (pay estimates) from the general contractor, or prime subcontractor, if applicable, or, for Soft Costs, other vendors for the Project (the “Contractor”) and each Application for Payment shall be submitted timely for the costs incurred in the prior month. In addition, the Application for Payment addressed to City must include: (i) a cover letter, (ii) American Institute of Architects (“AIA”) Application and Certificate for Payment Form G702 & G703, or similar form approved for use

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25 by City detailing construction costs, (iii) Inspector’s Report(s), and (iv) unconditional lien releases from Contractor and subcontractors, as applicable. viii) Upon approval of an Application for Payment, SUBRECIPIENT (or Contractor on behalf of SUBRECIPIENT) must submit a request for reimbursement (“Request for Reimbursement”) including: (i) the original Application for Payment and all supporting documentation, (ii) evidence of approval of the Application for Payment by applicable Construction Lender(s) and any other parties required to approve an Application for Payment [pursuant to the Intercreditor Agreement], (iii) evidence of payment of the Application for Payment, and (iv) any other forms, including but not limited to compliance and monitoring forms, required to be submitted to City in order to obtain approval of the Request for Reimbursement by the City in accordance with this Agreement[, the Intercreditor Agreement,] and the Federal Grant Regulations.] ix) City shall have a period of [ninety (90)] days from submission of an Application for Payment to complete review of such request and shall each provide SUBRECIPIENT with written notice of either: (i) approval of the applicable Application for Payment, or (ii) notification of any deficiencies in the applicable Application for Payment. Within [seven (7)] days after the approval of a Request for Reimbursement, the City shall cause the proceeds of the approved amount of the Subaward under a particular Request for Reimbursement to be transferred for deposit into the SUBRECIPIENT’s designated account [FACILITIES: or a construction disbursement account administered by a construction lender approved by City on behalf of SUBRECIPIENT].

I) Monitoring & Compliance. To the extent required and in accordance with 2 C.F.R. Part 200, City shall have the right to monitor the activities of SUBRECIPIENT as necessary and in accordance with applicable regulations on subrecipient monitoring and management (2 C.F.R. §§ 200.331–200.333) to ensure SUBRECIPIENT and the Project are in compliance with all the requirements of this Agreement, including the timeframes and performance goals associated with the Activities. In the event the City has reasonable grounds to question the fiscal accountability, financial soundness, or compliance of SUBRECIPIENT or the Project with this Agreement, the City may suspend performance of this Agreement, upon three (3) days’ notice to SUBRECIPIENT of same, for the longer of (i) a period of sixty (60) days after City provides such notice to SUBRECIPIENT or (ii) pending resolution of an audit or other investigation as determined by City.

Substandard performance as determined by the City will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by SUBRECIPIENT within seven (7) days after being notified by the City, the City may impose additional conditions on SUBRECIPIENT and its use of funds (per 2 C.F.R. § 200.208), suspend or terminate this Agreement, or initiate other remedies for noncompliance. Monitoring of SUBRECIPIENT shall include:
i) Reviewing financial management reports (audit, accounting, budget, and fiscal internal controls);

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26 ii) Procurement procedures, record keeping, project performance, and organizational structure;
iii) Reviewing performance reports, as required by the City; and iv) Following-up and ensuring that SUBRECIPIENT takes timely and appropriate action on all deficiencies pertaining to this Agreement detected through audits, on-site reviews, and other means.

Depending upon City’s assessment of the risk posed by SUBRECIPIENT based upon the requirements of 2 C.F.R. Part 200 and/or applicable guidance from HUD, the following monitoring tools may be used by City to ensure proper accountability and compliance with program requirements and achievement of performance goals that are set forth in this Agreement:
i) Providing SUBRECIPIENT with training and technical assistance on program-related matters; and
ii) Performing on-site reviews of SUBRECIPIENT’s program operations.

J) Close Out. SUBRECIPIENT must close out the use of the Subaward and SUBRECIPIENT’s obligations under this Agreement by complying with the close-out procedures in 2 C.F.R. § 200.344. Activities during this close-out period may include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City), and determining the custodianship of records.

XV. PUBLIC CONTACT
Contact with the news media, citizens of the City, or governmental agencies shall be the responsibility of the City. Under no circumstances shall SUBRECIPIENT release any material or information developed in the performance of the Services without the express written permission of the City.

XVI. APPLICABLE LAW AND VENUE
A) The Agreement is subject to all applicable state and federal laws, orders, rules, and regulations.

B) This Agreement is governed by the laws of the State of California, unless federal law controls as to the issue.

C) The forum for any action under or related to the Agreement is exclusively in a state or federal court (if the latter has or can acquire subject matter jurisdiction) located in the City of San Bernardino, San Bernardino County, California. Each party irrevocably submits to personal jurisdiction in the state or federal courts of San Bernardino County, California.

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27 D) The exclusive venue for any action under or related to the Agreement is in a state or federal court of competent jurisdiction in San Bernardino County, California, and each party waives any objection based on improper venue or forum non conveniens.

XVII. TAXES AND CHARGES
E) The City is neither liable for any property taxes, charges, or fees assessed against SUBRECIPIENT nor obligated to reimburse SUBRECIPIENT for any taxes, charges, or fees assessed against SUBRECIPIENT for the supplies provided, any Services rendered, or in connection with the Property or Project.

XVIII. PROHIBITION ON LIENS
Neither SUBRECIPIENT nor its contractors, subcontractors, agents or representatives will create or place, or permit to be created or placed, a lien or any other encumbrance on City property. If any such lien or encumbrance is placed, SUBRECIPIENT must pursue any and all lawful efforts, including, but limited to, seeking relief in a court of competent jurisdiction, to remove the lien or encumbrance from the property.

XIX. NO PERSONAL LIABILITY; NO WAIVER OF IMMUNITY
A) Nothing in this Agreement shall be construed as creating any personal liability on the part of any officer, official, manager, director, employee, agent, or representative of the City, and SUBRECIPIENT expressly agrees that execution of the Agreement does not create any personal liability on the part of any officer, official, manager, director, employee, agent, or representative of the City.

SUBRECIPIENT makes such release with the full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder to the extent of this release. Section 1542 of the Civil Code provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT

THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR

SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR

HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
__________

SUBRECIPIENT
B) The Parties agree that no provision of this Agreement extends the liability of the City beyond the liability permitted under the laws of the State of California.

C) Neither the execution of this Agreement nor any other conduct of any Party relating to this Agreement shall be considered a waiver by the City of any right, defense, or immunity under the laws of the State of California.

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28 XX. INSURANCE REQUIREMENTS
A) SUBRECIPIENT shall, at all times during the term of this Agreement, maintain insurance coverage with not less than the type and requirements prescribed in the Insurance Requirements attached hereto as Exhibit H. Such insurance is to be provided at the sole cost and liability of the SUBRECIPIENT. The Exhibit H insurance requirements as to the types and limits of insurance coverage to be maintained by SUBRECIPIENT, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the SUBRECIPIENT pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
i) Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than [A-VII], unless otherwise acceptable to the City.
ii) SUBRECIPIENT must furnish the City, prior to the required date of coverage, or at any time afterwards upon the request by the City, true and accurate copies of all certificate(s) of insurance, with original certificates and endorsements or copies of the applicable policy language effecting coverage required by this section and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. iii) SUBRECIPIENT agrees insurance coverage maintained by the City shall apply in excess of and not contribute with SUBRECIPIENT’s insurance as required under this section.
iv) The City reserves the right to modify these insurance requirements, including coverage amounts, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
v) SUBRECIPIENT shall require and verify that all contractors and subcontractors maintain insurance meeting all requirements stated herein, and SUBRECIPIENT shall ensure that City is an additional insured on such insurance. For CGL coverage, subcontractors must provide coverage with a form at least as broad as CG 20 38 04 13.

B) Generally, SUBRECIPIENT must maintain, at a minimum, the following insurance requirements. The below standards are for reference as the controlling requirements are listed in Exhibit H.
i) Commercial General Liability: Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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29 ii) Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
iii) Automobile Liability Coverage: ISO Form Number CA 00 01 covering any auto (Code 1), or if SUBRECIPIENT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
iv) Property Insurance: Against “all risks” of loss to the property, any personal property, improvements, or betterments, at least up to the full amount of the property, at full replacement cost with no coinsurance penalty provision, contained within or on the property. The property insurance is to be endorsed to include Legal Liability Coverage (ISO Form CP 00 40 04 02 or equivalent) with a limit equal to the replacement cost of the property. v) Public Liability Insurance: Covering all risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Agreement. The amounts of such insurance shall not be less than: Property Damage, per occurrence: $1,000,000; Bodily Injury or Death, per person:
$1,000,000; Bodily Injury or Death, per occurrence: $3,000,000. vi) Proof of insurance with proof of waiver of subrogation and City designated as an “additional insured” must be returned attached to this Agreement, when executed, as part of Exhibit H, attached hereto and incorporated herein by reference.

C) In addition to and cumulative with any other remedies City may have if the SUBRECIPIENT fails to provide or maintain any required insurance coverage, City may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premium for such insurance from any sums due under this Agreement;
ii) Order the SUBRECIPIENT to stop work under this Agreement and/or withhold any payment(s) which become due to the SUBRECIPIENT hereunder until the SUBRECIPIENT demonstrates compliance with the insurance coverage requirements; or
iii) Terminate this Agreement.

XXI. [FACILITIES: PAYMENT BOND
A) If applicable, the SUBRECIPIENT must provide and maintain a payment bond with a sum equal to the aggregate value of the construction contract executed by the SUBRECIPIENT for the Project. If SUBRECIPIENT fails to furnish the required payment bond within thirty (30) calendar days after the SUBRECIPIENT’s execution of the construction contract, City may terminate this Agreement for convenience at no further cost to City. The payment

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30 bond is solely for the protection of all claimants supplying labor and material in the prosecution of the Services provided for in the Agreement.

B) If the construction contract amount is increased in connection with a change order, the SUBRECIPIENT must increase the bond to reflect the change in contract price.

C) If, at any time during any covered period, the surety fails to meet the statutory requirements of a surety in the State of California, SUBRECIPIENT must immediately and without City’s request, replace the bond with a surety that complies with the requirements above.

D) If a contract price or project schedule increases as a result of a City requested change order, the City shall pay any and all incremental bonding fees as part of such change order as may be required by the surety.]
XXII. WAIVER OF BREACH
Waiver by any Party of a breach or violation of any provision of the Agreement is not a waiver of any subsequent breach.

XXIII. SEVERABILITY
If any provision or part of the Agreement or its application to any person, entity, or circumstance is ever held by any court of competent jurisdiction to be invalid for any reason, the remainder of the Agreement and the application of such provision or part of the Agreement to other persons, entities, or circumstances are not affected.

XXIV. SURVIVAL OF TERMS
Any provision of this Agreement that, by its plain meaning, is intended to survive the expiration or earlier termination of this Agreement including, but not limited to the indemnification provisions, shall survive such expiration or earlier termination. If an ambiguity exists as to survival, the provision shall be deemed to survive.

XXV. CONTRACT CONSTRUCTION
A) This Agreement shall not be construed against or in favor of any Party hereto based upon the fact that the Party did or did not author this Agreement.

B) The headings in this Agreement are for convenience or reference only and shall not control or affect the meaning or construction of this Agreement.

C) When terms are used in the singular or plural, the meaning shall apply to both.

D) When either the male or female gender is used, the meaning shall apply to both.

XXVI. SUCCESSORS, ASSIGNS, AND SUBCONTRACTING
A) This Agreement is binding on and inures to the benefit of the Parties and their respective successors and assigns.

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31 B) No Party shall assign, sublet, award, or transfer its interest in this Agreement without written consent of the other Parties.

C) SUBRECIPIENT may not enter into any contract or subcontract in connection with this Agreement without the express written consent of the City.

XXVII. NO THIRD-PARTY BENEFICIARIES
A) The City is not obligated or liable to any party other than SUBRECIPIENT for the performance of this Agreement.

B) Except as to audit rights, nothing in the Agreement is intended or shall be deemed or construed to create any additional rights or remedies in any third party.

C) Except as to audit rights, nothing contained in the Agreement shall be construed to or operate in any manner whatsoever to increase the rights of any third party, or the duties or responsibilities of the City with respect to any third party.

XXVIII. PROJECT REQUIREMENTS
A) SUBRECIPIENT agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry or national origin in its provision of the Services in compliance with 24 C.F.R. § 570.602. To the extent this Agreement provides that SUBRECIPIENT offer accommodations or services to the public, such accommodations or services shall be offered to the public on fair and reasonable terms. [FACILITIES: SUBRECIPIENT further agrees the Project must not be designed or operated to include segregated facilities, where segregated facilities means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user restrooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. Sexual orientation has the meaning given by the Department of Labor’s Office of Federal Contract Compliance Programs.]
B) [FACILITIES: SUBRECIPIENT agrees the Project must be designed in compliance with the mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201, et seq.).]
C) [TENANT ASSISTANCE: VAWA Requirements. SUBRECIPIENT must comply with the Violence Against Women Act (“VAWA”). SUBRECIPIENT must include as part of each lease to an Eligible Household the City’s [VAWA Notice and Certification Forms], in order to comply with the requirements of 24 C.F.R. § 5.2005. SUBRECIPIENT must ensure that the [VAWA Notice and Certification Forms] are made available in multiple languages in accordance with Executive Order 13166. Within thirty (30) days of the

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32 Effective Date of this Agreement, SUBRECIPIENT must deliver to City a copy of SUBRECIPIENT’s emergency transfer plan, which plan shall be based on HUD’s model emergency transfer plan in accordance with 24 CFR 5.2005(e).] D) [IF NOT FAITH-BASED: SUBRECIPIENT does not meet the criteria to qualify as and certifies it is not a faith-based organization for purposes of this Agreement.] [IF FAITH BASED: If SUBRECIPIENT is a faith-based organization, it (i) retains its independence and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs, provided that it does not use the Funds to support or engage in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), or in any other manner prohibited by law; (ii) if applicable, may use space (including a sanctuary, chapel, prayer hall, or other space) in its facilities (including a temple, synagogue, church, mosque, or other place of worship) to carry out activities related to this Agreement without removing religious art, icons, scriptures, or other religious symbols; and (iii) retains its authority over its internal governance, and may retain religious terms in its organization’s name, select its board members on a religious basis, and include religious references in its organization’s mission statements and other governing documents. If SUBRECIPIENT engages in explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), the explicitly religious activities must be offered separately, in time or location, from any programs or activities supported by or related to this Agreement or the Project, and participation must be voluntary for tenants and other beneficiaries of the Funds. If SUBRECIPIENT is a faith- based organization that intends to carry out programs or activities with direct Funds as part of the Project scope, it must give written notice to beneficiaries and prospective beneficiaries of the programs or activities describing certain protections available to them, as provided in 24 C.F.R. § 5.109(g). In addition, if a beneficiary or prospective beneficiary objects to the religious character of the organization carrying out the programs or activities, that organization must promptly undertake reasonable efforts to identify and refer the beneficiary or prospective beneficiary to an alternative provider to which the beneficiary or prospective beneficiary has no such objection.] SUBRECIPIENT acknowledges the requirements of 24 C.F.R. §5.109 apply to the Services, including, without limitation, requirements regarding disposition and change in use of real property by a faith-based organization.

XXIX. ENTIRE AGREEMENT; MODIFICATIONS
A) This instrument contains the entire Agreement between the Parties relating to the rights herein granted and obligations herein assumed.

B) Any oral or written representations or modifications concerning this instrument shall not be effective excepting a subsequent written modification signed by the Parties.

XXX. EXECUTION, MULTIPLE COUNTERPARTS
This Agreement may be executed in several counterparts. Each counterpart is deemed an original. All counterparts together constitute one and the same instrument. Each Party

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33 warrants that the undersigned is a duly authorized representative with the power to execute this Agreement.

IV. CITY’S REPRESENTATIVE
The Director of the City’s Community Development & Housing Department, or such person’s designee (the “City’s Representative”), shall represent the City in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City’s Representative is authorized to act unless this Agreement specifically provides otherwise or the context should otherwise require. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

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Signature Page to Community Development Block Grant Subrecipient Agreement IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective Date.

CITY:

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

Rochelle Clayton, Acting City Manager
APPROVED AS TO FORM:

By:

City Attorney
SUBRECIPIENT:
[SUBRECIPIENT,
a _______________________]
By:

Name:

Title:

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Exhibit A
Federal Award Identification Table and
Scope of Services (including Plans and Specifications)

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Exhibit B
Award Terms and Conditions

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Exhibit C

FEDERAL REQUIREMENTS FOR SUBRECIPIENTS
Subaward Information (2 CFR 200.332).

1. Subrecipient Name [INSERT]

2. Subrecipient’s Unique Entity Identifier [INSERT]

3. Federal Award Identification Number
(FAIN)
[INSERT]

4. Federal Award Date [INSERT]

5. Subaward Period of Performance: Start
Date and End Date
Effective Date – [Stabilization / End of
Affordability Period]

6. Subaward Budget Period Start Date and
End Date
Effective Date – [Stabilization / End of
Affordability Period]

7. Amount of Federal Funds Obligated to the
Subrecipient by the Pass-Through Entity
[INSERT]

8. Amount of Federal Funds Obligated to the
Subrecipient by the Pass-Through Entity,
Including the Current Obligation
[INSERT]

9. Total Amount of the Federal Award
Committed to the Subrecipient by the Pass-
Through Entity
[INSERT]

10. Federal Award Project Description Use of CDBG Funds for the purpose of [INSERT]

11. Name of Federal Awarding Agency
Name of Pass-Through Entity
Contact Information for Pass-Through
Entity
U.S. Department of Housing and Urban
Development
[INSERT]
[INSERT]

12. Assistance Listing Number and Title 14.228 Community Development Block Grant

13. Is the Award for Research &
Development?
No

14. Indirect Cost Rate for Award? [INSERT]
[SUBRECIPIENT] (“Obligated Party”) must comply and cause its contractors and subcontractors to comply, to the extent applicable, with the requirements of the U.S. Department of Housing and Urban Development’s (“HUD”) Community Development Block Grant program (“CDBG”), established by Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. § 5301 et seq.). Applicable CDBG program regulations include Title 24 of the Code of Federal Regulations

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(“CFR”), Part 570. 1 Obligated Party must also comply with all other applicable federal statutes, regulations, and executive orders, and the terms of the contract to which this exhibit is attached (the “Contract”) and the requirements of this Exhibit, including without limitation, the requirements, incorporated herein by reference, of the Unique Entity Identifier and System for Award Management (SAM), 2 CFR Part 25 (including the Award Term set forth in 2 CFR Part 25, Appendix A); Recipient Integrity and Performance Matters (including the Award Term and Condition for Recipient Integrity and Performance Matters set forth in 2 CFR Part 200, Appendix XII); and Reporting Subaward and Executive Compensation Information in 2 CFR Part 170 (including the Award Term set forth in 2 CFR Part 170, Appendix A).

CDBG requirements generally include, without limitation, the following, as applicable:
 National Objectives under 24 CFR 570.208;
 Eligible activities and costs under 24 CFR 570.201-.207 2;
 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards under 2 CFR 200 (as modified by 24 CFR 570.502), including the requirements of the Single Audit Act Amendments of 1996 (31 U.S.C. § 7501-7507) under 2 CFR Part 200, Subpart F;
 Grant administration requirements
3 under 24 CFR 570 Subpart J, including, without limitation, requirements for:
o Records submission and maintenance;
o Program Income reporting;
o Reversion of assets;
o Debarment, suspension, and remedies;
 Other federal program requirements under 24 CFR 570 Subpart K, including, without limitation, the following;
o Fair Housing Act and title VI of the Civil Rights Act under 24 CFR 570.601; o Equal Employment Opportunity and Section 3 under 24 CFR 570.607; o Non-discrimination under 24 CFR 570.6024;
1 CDBG regulations applicable to all CDBG programs include 24 CFR Part 570, Subparts A, C, J, K, and O. 24 CFR Subparts D, E, F, G, and I are applicable to activities funded under entitlement grants, special purpose grants, Small Cities and Insular Areas programs, Urban Development Action Grants, and State CDBG programs. 24 CFR Subparts M and N are applicable to certain loan guarantees and Urban Renewal provisions. 2 Ineligible activities are listed under 24 CFR 570.207. 24 CFR 570.209-.210 may be applicable to economic development projects and employment relocation activities.
3 Additional state law requirements may also apply. See Uniform Grant and Contract Management Act (Texas Government Code Chapter 783) and the Uniform Grant Management Standards, issued by Governor's Office of Budget and Planning. 4 Includes requirements of the Housing and Community Development Act of 1974, as amended, particularly Section 109, and Section 504 of the Rehabilitation Act of 1973. Eligibility restrictions for certain resident aliens may apply to beneficiaries under 24 CFR 570.613.

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o Labor standards under 24 CFR 570.6039;
o Environmental Standards under 24 CFR Part 58 under 24 CFR 570.60410; o National Flood Insurance Program under 24 CFR 570.605; o Relocation assistance under 24 CFR 570.60611;
o Lead-based paint under 24 CFR 570.60812;
o Prohibition on use of debarred, suspended, or ineligible contractors or subrecipients under 24 CFR 570.609;
o Conflicts of interest under 24 CR 570.611;
o Architectural Barriers Act of 1968 and Americans with Disabilities Act of 1990 (28 CFR Parts 35-36) under 24 CFR 570.614; and
 Closeout procedures under 2 CFR 200.344 and as established by HUD for the applicable funding program(s).

Terms not otherwise defined in this Exhibit shall have the meaning assigned to them in the Contract unless context requires otherwise. To the extent the provisions in this Exhibit conflict with the Contract, the stricter of the provisions shall apply, unless and to the extent specifically set forth in the Contract; provided, however, that the parties intend this Exhibit to be interpreted consistently with all applicable federal laws, rules, regulations, interpretive guidance and other materials of the federal agency providing funding to the Pass-Through Entity (as defined in the Subaward Information table above) for the Contract.

National Objectives. Obligated Party covenants and agrees the purpose of the Project is to meet one or more of the “National Objectives” and other requirements set forth in 24 CFR 570.208 and certifies all activities carried out under the Contract shall be in furtherance of at least one such National Objective.

General Procurement Standards (2 CFR 200.318-.327). Obligated Party, when applicable, must procure property or services in connection with the Project in accordance with the requirements of 2 CFR 200, including the procurement standards set forth in 2 CFR 200.318-.327. Obligated Party must maintain oversight to ensure its contractors perform in accordance with the terms, conditions, and specifications of their contracts.
9 Includes section 110(a) of the Housing and Community Development Act of 1974, as amended; the Davis-Bacon Act, as amended (40 U.S.C. 3141-3148); the Copeland “Anti-Kickback” Act (40 U.S.C. 3145); and the Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor Regulations under 29 CFR Parts 1, 3, 5, 6 and 7 and under 24 CFR Part 70 for volunteers.
10 Initiating the environmental review process under 24 CFR Part 58 is the responsibility of the Pass-Through Entity.

However, other environmental requirements may apply to the Contract as described in 24 CFR Part 58. Subject to 24 CFR 570.503, 570.509, and 570.604, as applicable.
11 Includes requirements under 49 CFR Part 24, as applicable. 12 Includes requirements of the Lead–Based Paint Poisoning Prevention Ac (42 U.S.C. § 4801 et seq.); the Residential Lead–Based Paint Hazard Reduction Act of 1992; and 24 CFR Part 35, as applicable.

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Internal Controls (2 CFR 200.303). Obligated Party must establish and maintain effective internal control over the federal funds that provides reasonable assurance that federal funds are managed in compliance with all applicable Federal, State, and local laws, regulations, and the terms and conditions of the Federal award. Obligated Party must take reasonable measures to safeguard protected personally identifiable information and other information considered to be sensitive consistent with applicable Federal, State, and local laws regarding privacy and responsibility over confidentiality.

Labor Standards (24 CFR 570.603). Obligated Party must comply with section 110(a) of the Housing and Community Development Act of 1974, the Fair Labor Standards Act of 1938 (29 U.S.C.

Section 201 et seq.), and the Contract Work Hours and Safety Standard Act (40 U.S.C. 327 et seq.), as now or hereafter amended, and the supplementing regulations under 29 CFR Parts 1, 3, 5, 6, and 7 (and under 24 CFR Part 70 for volunteers), which regulate wage, hour, and other employment practices that govern the use of funds provided and the employment of personnel under the Contract.

Obligated Party will pay all its workers all monies earned by its workers including, but not limited to, regular wages, any overtime compensation, or any additional payments pursuant to the Fair Labor Standards Act; the Contract Work Hours and Safety Standard Act; 24 CFR Part 70; the Equal Pay Act; and Title VII of the Civil Rights Act of 1964.

National Flood Insurance Program (24 CFR 570.605). If applicable, Obligated Party shall comply with the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234; 42 U.S.C. § 4001 et seq.) (44 CFR Parts 59 through 79) for areas identified by HUD as having special flood hazards. The use of any funds provided for acquisition or construction in identified areas shall be subject to the Mandatory Purchase of Flood Insurance requirements of section 102(a) of said act.

Displacement, Relocation, Acquisition, and Replacement of Housing (24 CFR 570.606). If the Project or any work provided in accordance with the Contract will result in the displacement of persons, Obligated Party covenants and agrees to comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations at 49 CFR Part 24 and 24 CFR Part 42.

Equal Protection of the Laws for Faith-Based Community Organizations (24 CFR 570.607).

Obligated Party shall comply with the requirements of Executive Order 13279 and 24 CFR 5.109 to ensure the equal participation of faith-based organizations in all activities under this Contract.

Lead-Based Paint (24 CFR 570.608). Obligated Party shall comply, as applicable, with the requirements of the Lead-Based Paint Poisoning Prevention Act (43 U.S.C. 4821–4846) and implementing regulations at 24 CFR Part 35, the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§ 4851-4856), and the implementing regulations at 24 CFR Part 35, Subparts A, B, J, K and R and 40 CFR part 745, including, without limitation, taking appropriate actions to protect occupants of residential dwellings from the hazards associated with lead-based paint abatement procedures.

Eligibility Restrictions for Certain Resident Aliens and Noncitizens (24 CFR 570.613 and 24 CFR Part 5, Subpart E). Obligated Party shall comply with the applicable restrictions on the provision of benefits to newly legalized aliens under 24 CFR 570.613 and to noncitizens under 24 CFR Part 5, Subpart E.

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Housing Counseling (24 CFR 570.615). If Obligated Party provides housing counseling, as defined in 24 CFR 5.100, under the Contract, the housing counseling must be carried out in accordance with 24 CFR 5.111.

Whistleblower Protections (2 CFR 200.217). In accordance with 41 U.S.C. § 4712, Obligated Party may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; A court or grand jury; or
vi. A management official or other employee of Obligated Party, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.

Obligated Party shall inform its employees in writing of the rights and remedies provided under this provision in the predominant native language of the workforce.

Conflicts of Interest (2 CFR 200.318(c) and 24 CFR 570.611). In accordance with 2 CFR 200.318(c), Obligated Party must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts, as well as for disciplinary actions to be applied for violations of such standards. Such standards shall, at a minimum, provide that no employee, officer, or agent of Obligated Party may participate in the selection, award, or administration of the Contract or any other contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

The officers, employees, and agents of the Obligated Party may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Obligated Party and its parent, affiliate, or subsidiary organizations must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.

In accordance with 24 CFR 570.611, in all cases other than the procurement of supplies, equipment, construction, and services, no employee, agent, consultant, officer, or elected official or appointed official of the Obligated Party who exercises or has exercised any functions or responsibilities with respect to or in connection with the Contract and related activities, or who are in a position to

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participate in a decision making process or gain inside information with regard to the Contract and related activities, may obtain a financial interest or benefit from the Contract or related activities, or have a financial interest in any contract, subcontract, or agreement with respect to the Contract or related activities, or with respect to the proceeds of the Contract or related activities, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. HUD may grant an exception to this exclusion as provided in 24 CFR 570.611(d).

REQUIRED CONTRACT PROVISIONS
Obligated Party shall comply with all of the following contract provisions. Obligated Party shall further insert in any contracts and subcontracts the provisions set forth in this exhibit, to the extent applicable, and a clause requiring contractors (and subcontractors when indicated) to include these provisions in any lower tier contracts or subcontracts. Failure to comply by Obligated Party or by any contractor or subcontractor may be grounds for termination of the Contract and for debarment as a contractor or subcontractor.

NO OBLIGATION OF THE FEDERAL GOVERNMENT
The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non- Federal entity, Obligated Party, or any other party pertaining to any matter resulting from the Contract.

SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 Obligated Party acknowledges that any work to be performed under the Contract is on a project 17 assisted all or in part under a HUD program providing more than $200,000 in federal financial assistance and, pursuant to 24 CFR 570.607, is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 U.S.C. § 1701u) and implementing regulations under 24 CFR Part 75 (“Section 3”). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents located in the area of the project and that contracts for work in connection with the project be awarded to business concerns that are owned in substantial part by lower income persons and provide economic opportunities to lower income residents located in the area of the project in accordance with 24 CFR 75.19. Obligated Party shall comply with the requirements of Section 3 and all applicable rules and orders of HUD issued thereunder as of or prior to the Contract.

Obligated Party shall include a Section 3 clause in every contract and subcontract in connection with the Contract. At the direction of the Pass-Through Entity, Obligated Party shall take appropriate action pursuant to the contract or subcontract upon a finding that the contractor or subcontractor is in violation of any Section 3 requirements. Obligated Party shall not contract or subcontract with any party where Obligated Party has notice or knowledge that such party has been found in violation of 17 Defined under 24 CFR 75.3(a)(2) as “the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing.”

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any Section 3 requirements and shall not let any contract or subcontract unless the contractor or subcontractor has first provided Obligated Party with a preliminary statement of ability to comply with the requirements of said regulations.

DISCRIMINATION
Obligated Party must comply with the statutes and regulations prohibiting excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, religion, national origin, sex, disability, or age, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) (24 CFR Part 1); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) (24 CFR Part 8); The Fair Housing Act, as amended (42 U.S.C. 3601 et seq.) (24 CFR Parts 100 and 107); Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.); Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) (24 CFR Part 146); Executive Order 11063, as amended by Executive Order 12259 (“Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063”) (24 CFR Part 107); Section 109 of Title I of the Housing and Community Development Act of 1974 (42 USC § 5309) (24 CFR Part 6); and 24 CFR 5.105 and 24 CFR 570.601-602. Obligated Party must include a provision prohibiting such discrimination in any contracts or subcontracts for activities to which these requirements apply or could apply, and all contractors and subcontractors must comply with the applicable provision.

DISABILITIES
Obligated Party acknowledges the Contract is subject to all laws and regulations that prohibit recipients of federal funding from discriminating against individuals with disabilities, including, but not limited to, the following: Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) (24 CFR Part 8); The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.) (28 CFR Parts 35-36); the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.); the Uniform Federal Accessibility Standards in Title 24, U.S.C. and associated regulations (24 CFR Part 40); and 24 CFR 5.105 and 24 CFR 570.614. Obligated Party must include a provision prohibiting such discrimination in any contracts or subcontracts for activities to which these requirements apply or could apply, and all contractors and subcontractors must comply with the applicable provision.

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BUY AMERICA PREFERENCES FOR INFRASTRUCTURE PROJECTS (2 CFR Part 184) For any contracts involving construction, alteration, maintenance, or repair of any “infrastructure” as described in 2 CFR 184.4.4(d),19, 20 Obligated Party must comply with the “Buy America Preference” of the Build America, Buy America Act, included in the Infrastructure Investment and Jobs Act at division G, title IX, subtitle A, part I, sections 70911 through 70917 (Pub. L. 117-58), and implementing regulations at 2 CFR Part 184.
21 Further, Obligated Party must include the following
Buy America Preference all contracts and subcontracts under or in connection with the Contract:
“Pursuant to the Build America, Buy America Act (BABA), enacted as part of the Infrastructure Investment and Jobs Act (IIJA). Pub. L. 117-58, 41 U.S.C. § 8301 note, the Federal Financial Assistance used to fund this infrastructure project is required to apply a domestic content procurement preference (the “Buy America Preference” or “BAP”) for all construction, alteration, maintenance, or repair of infrastructure, including buildings and real property, unless application of the BAP has been waived by HUD. Additional details on fulfilling the BABA requirements can be found at https://www.hud.gov/baba.”

ENVIRONMENTAL LAWS
Obligated Party must comply with all applicable environmental standards that may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (“EO”) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.), and U.S. Environmental Protection City regulations pursuant to 40 CFR Part 50, as amended; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205); (j) Sole Source Aquifers (Environmental Protection Agency-40 CFR part 149; (k) Farmland Protection Policy Act of 1981 (7 U.S.C. § 4201, et seq.); (l) 19 Pursuant to HUD Notice CPD-25-01: CPD Implementation Guidance for the Build America, Buy America Act’s Buy America Preference, Pg.1 (https://www.hud.gov/sites/dfiles/OCHCO/documents/cpd-25-01.pdf), housing projects with five or more units will generally be considered “public” infrastructure projects that are subject to the Buy America Preference unless a waiver (general or project/product specific) or exemption (such as for disaster assistance described in 2 CFR 184.8) applies. Land acquisition, demolition, planning, capacity building, program administration, public services, training, counseling, and short-term rental assistance projects generally will not be subject to the Buy America Preference unless materials or supplies are acquired and used for or incorporated into an infrastructure project. 20 HUD considers a “project” to include all related activities consistent with 24 CFR Part 58. See HUD FAQ ID 4255 (https://www.hudexchange.info/faqs/4255/what-is-a-project). 21 The Buy America Preference will apply to (i) any construction materials listed in 2 CFR 184.3 for HUD awards made beginning in fiscal year 2024 and (ii) construction materials not listed in 2 CFR 184.3 and manufactured products for HUD awards made beginning in fiscal year 2025.

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Farmland Protection Policy (Department of Agriculture-7 CFR part 658); (m) applicable criteria and standards specified in HUD environmental regulations (24 CFR Part 51) (other than the runway clear zone and clear zone notification requirement in 24 CFR 51.303(a)(3); and (n) HUD Notice 79-33, Policy Guidance to Address the Problems Posed by Toxic Chemicals and Radioactive Materials, September 10, 1979. See also 24 CFR 570.604 and 24 CFR Part 58. Obligated Party shall include this requirement in all contracts and subcontracts under the Contract.

UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS (2 CFR PART 200, INCLUDING ALL APPENDICES; 24 CFR 570.502, 570.610)
Obligated Party must comply with all requirements of 2 CFR Part 200, including Appendix II, as modified by 24 CFR 570.502, and include the applicable provisions in any contracts executed with contractors or subcontractors in connection with the Contract. All contractors and subcontractors must comply with the applicable provisions of 2 CFR Part 200, including, but not limited to, the following:

REMEDIES (2 CFR PART 200, APPENDIX II(A))
The administrative, contractual, or legal remedies in the Contract and CDBG regulations apply when the Obligated Party defaults, violates, or breaches the Contract.

TERMINATION FOR CAUSE/CONVENIENCE (2 CFR PART 200, APPENDIX II(B)) Federal law requires the parties to the Contract to address termination for cause and convenience, and the parties shall comply with these provisions of the Contract.

EQUAL EMPLOYMENT OPPORTUNITY (2 CFR 200, APPENDIX II(C); 41 CFR PART 60) For any contracts entered into in connection with the Contract for construction work that meet the definition of a “federally assisted construction contract” in 41 CFR 60-1.3, Obligated Party shall comply with the requirements of 2 CFR 200, Appendix II(C) and insert the equal opportunity clause provided under 41 CFR 60-1.4(b) into all applicable construction contracts, which is as follows:

During the performance of this contract, the contractor (or subcontractor, as applicable) agrees as follows:
1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

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2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all of the rules, regulations, and relevant orders of the Secretary of Labor.
6) The contractor will furnish all information and reports required by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts, and such other sanctions may be imposed and remedies invoked by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

Obligated Party further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, that if Obligated Party so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Contract.

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Obligated Party agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.

Obligated Party further agrees that it will refrain from entering into any contract or contract modification with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, Obligated Party agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Obligated Party under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from the Obligated Party; and refer the case to the Department of Justice for appropriate legal proceedings.

DAVIS-BACON ACT (2 CFR Part 200, Appendix II(D))
Obligated Party shall comply with the applicable requirements of the Davis-Bacon Act (40 U.S.C. 3141-3148) and the regulations at 29 CFR Parts 1, 3, 5, and 7.

Obligated Party agrees that, except with respect to the rehabilitation or construction of residential property containing fewer than eight (8) units pursuant to 24 CFR 570.603, all contractors and subcontractors engaged under contracts in excess of $2,000.00 for construction, renovation, or repair work financed in whole or in part with federal assistance provided under the Contract shall comply with the applicable requirements of the Davis-Bacon Act and regulations at 29 CFR Parts 1, 3, 5, and 7 requiring payment of wages to laborers and mechanics not less than once a week and at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

Obligated Party shall insert, or cause or require to be inserted, in full in all applicable contracts a provision requiring compliance with the Davis-Bacon Act meeting the requirements of 2 CFR Part 200, Appendix II(D). Obligated Party shall notify the Pass-Through Entity of any suspected or reported violations of these requirements. Obligated Party shall be responsible for the compliance by any contractor or subcontractor with these requirements. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor or subcontractor as provided in 29 U.S.C. § 5.12.

COPELAND “ANTI-KICKBACK” ACT (2 CFR Part 200, Appendix II (D)) Obligated Party shall comply with the applicable requirements of the Copeland “Anti-Kickback” Act (40 U.S.C. 3145) and the requirements of 29 CFR Part 3, which prohibits Obligated Party from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

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Obligated Party shall insert, or cause or require to be inserted, in full in all applicable contracts a provision requiring compliance with the Copeland “Anti-Kickback” Act meeting the requirements of 2 CFR Part 200, Appendix II(D). Obligated Party shall notify the Pass-Through Entity of any suspected or reported violations of these requirements. Obligated Party shall be responsible for the compliance by any contractor or subcontractor with these requirements. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor or subcontractor as provided in 29 U.S.C. § 5.12.

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR Part 200, Appendix II(E))
For any contract entered into for construction work when the contract amount exceeds $100,000 and such contract involves the employment of mechanics or laborers, Obligated Party must comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), including particularly 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).

Obligated Party shall insert, or cause or require to be inserted, in full in all applicable contracts a provision requiring compliance with the Contract Work Hours and Safety Standards Act meeting the requirements of 2 CFR Part 200, Appendix II(E). Obligated Party, or contractor, as applicable, must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.

Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to contracts described in this paragraph and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous.

RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (2 CFR Part 200, Appendix II(F))
If the Federal award funding all or part of the Contract meets the definition of a “funding agreement” under 37 CFR 401.2(a) and the Obligated Party wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under that “funding agreement,” the Obligated Party must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

CLEAN AIR ACT and the FEDERAL WATER POLLUTION CONTROL ACT (2 CFR Part 200, Appendix II (G))
For contracts in an amount exceeding $150,000, Obligated Party must comply with all applicable provisions of the Clean Air Act (42 U.S.C. § 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended. Obligated Party agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Control Act, as amended.

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report each violation as required to assure notification to the Federal Emergency Management Agency and the appropriate Environmental Protection Agency Regional Office.

DEBARMENT / SUSPENSION AND VOLUNTARY EXCLUSION (2 CFR Part 200, Appendix II (H); 2 CFR Part 180; 2 CFR Part 2424; 24 CFR Part 5; 24 CFR 570.609) Obligated Party, for itself and its principals, warrants it is eligible or otherwise not disqualified or prohibited from participation in federal or state assistance programs. Obligated Party must verify that all contractors and subcontractors performing work under the Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Obligated Party further must notify the Pass-Through Entity in writing immediately if Obligated Party or its contractors or subcontractors are not in compliance with this paragraph during the term of the Contract. If it is later determined that Obligated Party did not comply with this paragraph, the Pass- Through Entity or the Federal Government may pursue any and all available remedies (which shall be cumulative and not exclusive), including, but not limited to, suspension and/or debarment of Obligated Party or its contractors or subcontractors.

BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. § 1352; 2 CFR 200.450; 2 CFR PART 200, APPENDIX II(I); 24 CFR PART 87, APPENDIX A)
Obligated Party must comply with the applicable requirements of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352), 2 CFR 200.450, and 24 CFR Part 87.

Pursuant to 31 U.S.C. § 1352, if at any time during the Contract term funding to such contract exceeds $100,000.00, Obligated Party shall file with the Pass-Through Entity the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying” as laid out in a form available from the Pass-Through Entity upon request, which provides that Obligated Party certifies it will not and has not used Federal funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other covered award.

Each contractor or subcontractor of any tier must certify to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures shall be forwarded from tier to tier up to the Pass-Through Entity who in turn will forward the certification(s) to the awarding agency.

PROCUREMENT OF RECOVERED MATERIALS (2 CFR PART 200, APPENDIX II(J); 2 CFR 200.323)
Obligated Party and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962.

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the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Obligated Party should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products.

See Executive Order 14057, section 101, Policy.

PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (2 CFR PART 200, APPENDIX II(K); 2 CFR 200.216) Obligated Party shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under the Contract. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Obligated Party shall include the substance of this section, including this paragraph, in all contracts and subcontracts.

DOMESTIC PREFERENCES FOR PROCUREMENT (2 CFR PART 200, APPENDIX II(L); 2 CFR 200.322)
Obligated Party shall, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all contracts and subcontracts.

For purposes of this section:

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(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

To the extent the Contract is an infrastructure project, Obligated Party must implement the Buy America preferences set forth in 2 CFR Part 184.

MANDATORY DISCLOSURES (2 CFR 200.113; 41 U.S.C. § 2313) Obligated Party must disclose, and require its contractors and subcontractors to disclose, in a timely manner, in writing to the Federal awarding agency or the Pass-Through Entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations found in the civil False Claims Act (31 U.S.C 3729-3733) potentially affecting the Federal award funding all or part of the Contract.

Obligated Party is also required to report matters related to recipient integrity and performance in accordance with Appendix II of 2 CFR Part 200. Failure to make required disclosures can result in any of the remedies described in 2 CFR 200.339.

CONTRACTING WITH SMALL BUSINESSES, MINORITY BUSINESSES, WOMEN’S

BUSINESS ENTERPRISES, VETERAN-OWNED BUSINESSES, AND LABOR SURPLUS AREA FIRMS (2 CFR 200.321)
Obligated Party must comply with the Small Businesses, Minority Businesses, Women’s Business Enterprises, Veteran-Owned Businesses, and Labor Surplus Area Firms requirements under 2 CFR 200.321. Obligated Party should ensure that small businesses, minority businesses, women's business enterprises, veteran-owned businesses, and labor surplus area firms are considered, as set forth below:

A.These business types are included on solicitation lists; B.These business types are solicited whenever they are deemed eligible as potential sources; C.Dividing procurement transactions into separate procurements to permit maximum participation by these business types;
D.Establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types; E. Utilizing organizations such as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and F. Requiring a contractor under a Federal award to apply this section to subcontracts.

MINIMUM BONDING REQUIREMENTS (2 CFR 200.326)
If the Contract involves construction or facility improvements in excess of the simplified acquisition threshold, as that term is defined in 2 CFR Part 200, Subpart A, Obligated Party shall maintain or cause to be maintained a performance bond for one hundred percent (100%) of the contract price to secure fulfillment of all the Contract requirements, and a payment bond for one hundred percent

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(100%) of the contract price to assure payments as required by law of all persons supplying labor and material in the execution of the Contract.

Record Retention and Access; Reports (2 CFR 200.332(b)(5) and 200.334-.338; 24 CFR 570.502 and 570.506-.507). Obligated Party shall maintain records and financial documents sufficient to evidence and meet, and permit the Pass-Through Entity to meet, the reporting, recordkeeping, and retention requirements of 2 CFR 200.332(b)(5) and 200.334-.338 and 24 CFR 570.502 and 570.506- 507. Obligated Party agrees to prepare and submit financial, progress, monitoring, evaluation, personnel, property, and financial records and other reports as required by the Pass-Through Entity (as directed by and in the format acceptable to the Pass-Through Entity) to assure proper accounting of all Federal funds. Obligated Party shall furnish such information that, in the judgment of the Pass- Through Entity, may be relevant to questions of compliance with contractual conditions hereunder or granting agency directives, or with the effectiveness, legality, and goals of the Contract.

Obligated Party agrees to provide the Pass-Through Entity, any Federal Agency, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and other records of Obligated Party that are pertinent to the Contract for the purposes of making audits, examinations, excerpts, and transcriptions and to allow such parties to reproduce same by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

Obligated Party agrees to provide Pass-Through Entity, any Federal Agency, the Comptroller General of the United States, or any of their authorized representatives access to construction or other work sites pertaining to work being completed under the Contract. Obligated Party acknowledges and agrees that no language in the Contract is intended to prohibit audits or internal reviews by the Federal Agency or its authorized representatives or the Comptroller General of the United States.

In accordance with 24 CFR 570.502, records shall be maintained by Obligated Party for a period of three (3) years after expiration of the Contract or submission of the final annual performance and evaluation report, whichever is later; provided, however, if any litigation, claim, negotiation, audit, monitoring, inspection, or other action or event commences before the expiration of the required record retention period, all records must be retained until completion of the action or event and full and final resolution of all issues that arise from it.

Obligated Party shall include the substance of this section in all contracts and subcontracts.

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Exhibit D
Project Budget

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Exhibit E
City’s Conflict of Interest Policy

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Exhibit F
Form of Regulatory Agreement and Declaration of Covenants and Restrictions [Attached – Form Approved by City]

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Exhibit G
City’s [Construction Standards]

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Exhibit H
City’s Insurance Requirements and Certificate of Insurance

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Exhibit I
[Intercreditor and Subordination Agreement]

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Exhibit J
City’s [Minimum Property Standards]

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[Exhibit K
Lease Addendum]

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[Exhibit [L]
City’s Compliance Report Form]

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Exhibit [M]
Affirmative Marketing Policy and Procedures

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EMERGENCY SOLUTIONS GRANTS PROGRAM

SUBRECIPIENT AGREEMENT
This EMERGENCY SOLUTIONS GRANTS PROGRAM SUBRECIPIENT AGREEMENT (this “Agreement”) is made and entered into as of [___________, 20__] (the “Effective Date”) by and between the CITY OF SAN BERNARDINO, a California municipal corporation and charter city (the “City”), and [DEVELOPER SUBRECIPIENT], a [_______________] (the “Subrecipient”). City and SUBRECIPIENT are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”
Recitals
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), and the implementing regulations at 24 C.F.R. Part 576 (collectively, the “ESG Requirements”), for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, payment of certain expenses related to operating emergency shelters, essential services related to emergency shelters and street outreach for the homeless, and homelessness prevention and rapid re-housing assistance.

SUBRECIPIENT has submitted an application, and represents it is eligible under the ESG Requirements, to receive a portion of the award of ESG funds allocated by HUD to the City (the “ESG Funds”), as a subrecipient (as defined in 24 C.F.R. §576.2) of the City.

SUBRECIPIENT’s application for a subgrant of ESG Funds in an amount not to exceed $[___________] was approved by the City Council of the City, subject to and contingent upon the allocation and receipt by City of such funds and HUD’s issuance of Authority to Use Grant Funds.

The Parties desire to enter into this Agreement so that SUBRECIPIENT may receive a subaward of a portion of the ESG funds for reimbursement of certain costs. See Appendix xx for ESG program components and their eligible activities. There are five ESG Program components a SUBRECIPIENT can provide:
 Street Outreach in accordance with §576.101
 Emergency Shelter in accordance with §576.102
 Homelessness Prevention in accordance with §576.103
 Rapid Re-Housing in accordance with §576.104
 HMIS in accordance with §576.107
NOW, THEREFORE, upon and in consideration of the mutual promises and covenants contained herein and for other valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the Parties agree as follows:

I. GENERAL SCOPE OF SERVICES

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A) Project Description: ( Description should include one or more of the 5-ESG Program Components as described in Appendix xx)
B) “Contract Documents” will include this Agreement and the following, all as attached hereto and incorporated herein by reference for all purposes, which must be in the attached form or such other form satisfactory to the City in its sole discretion:
a. Exhibit A – Federal Award Identification Table and Scope of Services, b. Exhibit B – Award Terms and Conditions,
c. Exhibit C – Federal Requirements for Subrecipients,
d. Exhibit D – City’s Emergency Solutions Grant Written Standards, e. Exhibit E – Project Budget,
f. Exhibit F – City’s Conflict of Interest Policy,
g. Exhibit G – City’s Insurance Requirements and Certificate of Insurance, h. [Exhibit H – ESG Property Standards]
i. [Exhibit I – ESG Rapid Re-Housing - VAWA Lease Addendum], j. [Exhibit [J] – HMIS Compliance Report Form,] [and]
k. [Exhibit [K] – Affirmative Outreach Policy and Procedures].

The Contract Documents for the Project shall, unless defined otherwise in the Agreement, include any and all change orders and amendments to the Agreement (including related attachments, exhibits, and reference documents), which shall be for all intents and purposes, upon execution, attached and incorporated into this Agreement by reference:

C) In interpreting this Agreement and resolving any conflicts or ambiguities, the main body of this Agreement shall control over the exhibits, and any inconsistency between the exhibits will be resolved in the following order – Exhibit B, Exhibit C, Exhibit A, Exhibit D, Exhibit E, and Exhibit F with the remaining Exhibits being interpreted so as to give the maximum weight to all terms in the Agreement. A higher order document will supersede a lower order document to the extent necessary to resolve any inconsistencies between the documents; however, silence on any matter in a higher order document will not negate the provision of a lower order document as to that matter. Any ambiguities or inconsistencies among documents of identical precedence will be resolved by giving precedence to the most recent document. Notwithstanding the order of precedence set forth above, in the event of a conflict within the Contract Documents of the same priority, the City shall have the right, at its sole discretion, to determine which provision applies.

D) Unless otherwise stated in this Agreement, words that have well-known technical or industry meanings are used in accordance with such recognized meaning.

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II. REPRESENTATIONS AND WARRANTIES
SUBRECIPIENT represents and warrants as follows:

A) SUBRECIPIENT is duly organized, validly existing, and in good standing under the laws of the state of its formation and is authorized to do business in the State of California.

B) SUBRECIPIENT is current on state and local fees and taxes. Neither SUBRECIPIENT nor any of its principals or other affiliated entities owe any debts to the City or San Bernardino County, including, but not limited to delinquent taxes, court judgments, tickets, tolls, fees, or fines. For the purposes of this Agreement, a court judgment is not required for delinquent taxes to be considered a debt.

SUBRECIPIENT agrees it is at all times responsible for the performance of SUBRECIPIENT’s contractors and subcontractors. No term or agreement of SUBRECIPIENT’s agreement with any contractors or subcontractor shall alter the terms and conditions of this Agreement.

F) SUBRECIPIENT is fully qualified and capable of performing the Services called for in this Agreement and is willing to perform these Services.

III. INDEPENDENT PARTIES
A) This Agreement is not intended to create and shall not constitute an agency, employee- employer relationship, partnership, joint enterprise, joint employer, or joint venture relationship between the Parties. SUBRECIPIENT has no authority to enter into contracts or agreements on behalf of the City or to bind or otherwise obligate the City orally, in writing, or by any act or omission.

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B) SUBRECIPIENT shall have and retain the exclusive right of control over employment, firing, discipline, compensation, insurance, and benefits in accordance with the applicable laws of the State of California. SUBRECIPIENT must comply with all applicable federal and state laws in the payment of its workers. SUBRECIPIENT is solely responsible for the payment of wages and any applicable benefits to workers for Services performed in connection with this Agreement. SUBRECIPIENT is responsible for withholding federal and state income taxes, paying Federal Social Security taxes, maintaining unemployment insurance, and maintaining workers’ compensation insurance in an amount and under such terms as required by the applicable laws of the State of California.

C) The City is not responsible to SUBRECIPIENT or its workers (or any other entity or entity’s workers performing work on behalf of SUBRECIPIENT) for payment of any overtime compensation or any additional payments pursuant to any federal or state law.

The City is not responsible for overtime wages.

D) THE CITY HAS AND SHALL HAVE NO LIABILITY, DIRECTLY OR INDIRECTLY, FOR PAYMENT TO SUBRECIPIENT’S WORKERS, INCLUDING, WITHOUT

LIMITATION, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,

SUBRECIPIENTS, OR ANY OTHER PARTY PERFORMING WORK, SERVICES, OR OTHER ACTIVITIES ON BEHALF OF SUBRECIPIENT. TO THE EXTENT NOT

OTHERWISE PROHIBITED UNDER THE LAWS OF THE STATE OF CALIFORNIA,

SUBRECIPIENT SHALL INDEMNIFY, DEFEND, RELEASE, AND HOLD THE CITY HARMLESS FROM AND AGAINST ANY AND ALL SUCH CLAIMS.

F) The terms of this Article III shall survive the expiration or termination of this Agreement.

IV. TERM
[SERVICES or O&M: The Term (the “Term”) of this Agreement shall commence upon the Effective Date and, except for such provisions of this Agreement that expressly survive expiration or termination hereof, will terminate on [_____________, 20__], unless earlier extended or terminated by the City in writing in accordance with the terms of this Agreement.]
V. SUBRECIPIENT’S RESPONSIBILITIES
A) The SUBRECIPIENT must perform the Services and, in consideration for such performance, the City shall partially fund, on a reimbursement basis, such performance as stated in Article VI. SUBRECIPIENT must expend the entire amount of the Subaward for eligible costs for the Services during the Term.

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B) SUBRECIPIENT must prepare the Project Budget, subject to approval by Lender, which will be attached as Exhibit E following such approval, specifying the cost by item of (a) all labor, materials, and services necessary for performance of the Services in accordance with the Scope of Services and all applicable laws, statutes, ordinances, codes, rules, and regulations (including, without limitation, the Federal Grant Regulations) and (b) all other expenses anticipated by SUBRECIPIENT incident to the Services. The Project Budget must include sufficient detail to provide a sound basis for City to effectively monitor SUBRECIPIENT’s performance under this Agreement, and any modifications to the Project Budget must be approved by City and documented in an amendment to this Agreement. SUBRECIPIENT must make matching contributions in accordance with 24 C.F.R. §576.201 to supplement the Subaward in an amount equal to or exceeding the amount of the Subaward, which sources and amounts will be enumerated in the Project Budget.

C) SUBRECIPIENT agrees it has reviewed all federal, state, and local laws, statutes, codes, orders, ordinances, rules, and regulations applicable to the Services under this Agreement.

In the performance of the Services, SUBRECIPIENT must comply with all applicable federal, state, and local laws, statutes, codes, orders, ordinances, rules, and regulations in effect [and ensure the ESG Program Component and activity complies with same]. If the SUBRECIPIENT performs work, services, or any other activities that SUBRECIPIENT reasonably should have known to be contrary to laws, statutes, codes, orders, ordinances, rules, and regulations, the SUBRECIPIENT must assume appropriate responsibility for such performance and bear the costs attributable to correction, subject to the satisfaction of City, of same. All costs of compliance with any changed or new or additional statutes, laws, regulations, and codes applicable to the Services [or required for the Project] that become effective subsequent to the date of closing and any funding of this Subaward (hereinafter defined) shall be borne by SUBRECIPIENT.

D) SUBRECIPIENT must perform the Services in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.

SUBRECIPIENT must obtain and maintain, at its sole cost and expense, all required licenses, registrations, accreditation, permits, and approvals applicable to the Services [and Project].

VI. CITY SUBAWARD
A) [SERVICES or O&M: Subject at all times to Article VIII, the City agrees to award the principal amount of [___________________] and [__]/100 Dollars ($[________________]) (the “Subaward”) to SUBRECIPIENT for performance of the Services.
[Identify budget for each component of ESG if this agreement covers an agency receiving funds for multiple components.]
B) SUBRECIPIENT acknowledges and agrees the Subaward is subject to environmental review by HUD under the environmental regulations in 24 C.F.R. Parts 51 and 58.

SUBRECIPIENT must not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property, or commit or expend ESG or local funds for the Services

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or other activities unless and until the City has performed an environmental review issued the Authority to Use Grant Funds. SUBRECIPIENT further acknowledges and agrees it will not be paid in advance for any of the Services. SUBRECIPIENT must not enter into any contract for performance of any Services prior to the date of closing and any funding of this Subaward (“Closing”) except as approved by the City in its sole discretion.] VII. TERMS OF SUBAWARD
A) SUBRECIPIENT agrees to use the Subaward only for eligible ESG activities described in 24 C.F.R. §§ 576[.101–.107], including without limitation, [street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance, housing relocation and stabilization services, short-term rental assistance, and Homeless Management Information Systems (“HMIS”) data contribution] (the “Eligible Activities”). [NOTE – Update reference if only certain activities will be permitted. If administration costs will be permitted, include 24 CFR 576.108.]
B) SUBRECIPIENT agrees to use the Subaward pursuant to this Agreement only to pay for the necessary and reasonable costs of Eligible Activities in accordance with the Federal Grant Regulations. Allowable costs are detailed in the Project Budget attached in Exhibit E.

C) SUBRECIPIENT hereby covenants and agrees that any shelters and housing supported by the Subaward and used by ESG participants will conform to the standards and requirements of 24 C.F.R. §576.403, which establishes minimum standards for safety, sanitation, and privacy in emergency shelters funded with ESG and minimum habitability standards for permanent housing funded under the Rapid Re-housing and Homelessness Prevention components of ESG, including, without limitation, all requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 C.F.R. Part 35, Subparts A, B, H, J, K, M, and R.] D) SUBRECIPIENT must perform an initial evaluation, as required under 24 C.F.R. §576.401, determining each individual’s or family’s eligibility for ESG assistance and the amount and types of assistance needed to regain stability in permanent housing. These evaluations must be conducted in accordance with the centralized or coordinated assessment requirements developed by the Continuum of Care (“CoC”) under 24 C.F.R. §576.400(d) and the City’s written standards established under 24 C.F.R. §576.400(e). If a program participant violates program requirements, SUBRECIPIENT may terminate assistance in accordance with a formal process established by SUBRECIPIENT as required under 24 C.F.R. §576.402.

E) SUBRECIPIENT hereby covenants and agrees that it will involve, to the maximum extent practicable, homeless individuals and families, as applicable, in constructing, renovating, maintaining, and operating any facilities assisted with the Subaward and in providing services for occupants of these facilities, including the Services, in accordance with 24 C.F.R. §576.405(c).

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F) 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 City’s consolidated plan.

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 of 24 C.F.R. §576.400 and as may be amended or established by HUD from time to time.

G) SUBRECIPIENT must ensure that data on all persons served and all activities assisted with the Subaward are entered into the applicable community-wide Homeless Management Information System (“HMIS”) in the area in which those persons and activities are located, or with the express knowledge and prior written consent of the City, a comparable database, in accordance with HUD’s standards on participation, data collection, and reporting under a local HMIS.

SUBRECIPIENT must have an agreement, a copy of which must be provided to City, in place with the HMIS lead agency to participate in the regionally established HMIS system and share, unless prohibited by law, HMIS data with other ESG funded agencies regarding clients that are served in ESG funded programs. 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 must be provided to City. The “HMIS lead agency” is the County of San Bernardino Community Development and Housing Agency, which is located at 385 N. Arrowhead Ave., 3
rd Floor, San Bernardino, California (909-387-4700).

SUBRECIPIENT must enter data directly into the HMIS system and adhere to all implementation guidelines of CoC and HMIS. Participation includes, but is not limited to, the input of all programmatic and client data and the generation of all mandated monthly, quarterly, and closeout reports. SUBRECIPIENT must input participant data no more than forty-eight (48) hours after the date of program entry. Data regarding any services rendered to participants must be entered into HMIS within forty-eight (48) hours after the date of such services. All participants who exit the program must have their status updated in HMIS within forty-eight (48) hours of their actual exit date.

H) Fund Disbursement Requirements
i) Prior to any and all fund disbursements provided for under this Agreement, SUBRECIPIENT must provide its Taxpayer Identification Number to the City.

Failure to provide this information may result in a delay in payment or withholding of payment as required by the Internal Revenue Service. ii) The City will disburse the applicable portion of the Subaward in response to each undisputed request for fund disbursement made by SUBRECIPIENT in accordance with this Agreement. Requests for fund disbursements are subject to City approval. The City may exercise any and all rights to set off or recoup fund disbursements in the event of overpayment by the City or funds owed to the City under this Agreement.

Upon approval of a disbursement request from SUBRECIPIENT, the City

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will disburse funds to SUBRECIPIENT by check or other mutually acceptable means.
iii) Disbursements of the Subaward made by the City to SUBRECIPIENT are to be considered by the SUBRECIPIENT as full compensation for all costs and expenses (including, without limitation, delivery, shipping, travel, and incidental costs and expenses) for labor, equipment, materials, products, services, and work necessary to provide the Services.

I) Payment Process
i) In addition to any other requirements or restrictions herein, the City shall not be obligated to make any disbursement unless and until SUBRECIPIENT has complied with each and every provision of this Agreement that requires such compliance as a condition to any disbursement by the City of the Subaward, unless the City has waived any such requirement in writing. ii) SUBRECIPIENT must submit an invoice for Services to the City on a [quarterly] basis, unless an alternative process for approval of invoices is agreed to by City.

All invoices with the appropriate backup documentation must be submitted to:
[ADDRESS FOR INVOICES].
iii) All invoices must be in a form acceptable to the City and, at a minimum, include a description of the Services, the day(s) and time(s) or time period, as applicable, that SUBRECIPIENT performed such Services, the total amount billed for such Services, and evidence of payment of such billed amounts, and supporting documentation satisfactory to City in such detail as may be requested by the City for verification and compliance review purposes. After receipt of an invoice, the City shall review and approve it, with such modifications as may be deemed appropriate, for payment.

Subject at all times to Article VII and the City’s right to set off or to withhold payment of any unauthorized charges, the City shall pay each approved invoice in accordance with the laws of the State of California.

The City may exercise any and all rights to set off payment in the event of overpayment by the City and/or funds owed to the City under this Agreement.
iv) The City has the right to make periodic audits and inspections of the SUBRECIPIENT’s records related to any Services performed pursuant to this Agreement. SUBRECIPIENT agrees to make the records available to the City within five (5) business days of the City’s request in either physical or electronic form and in a manner as reasonably directed by City.

VIII. LIMITATION OF APPROPRIATION

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A) SUBRECIPIENT understands and agrees that this Agreement is contingent upon the availability of third-party funds, including but not limited to federal funds awarded by HUD to the City (“Grant Funds”). SUBRECIPIENT expressly understands and agrees that (i) the City has no City funds available with which to pay its obligations hereunder except to the extent the Grant Funds awarded to the City are allocated and received by the City and (ii) the City’s obligation to make any payments under the Agreement using Grant Funds is limited to the amount of Grant Funds actually received and appropriated and is subject to all applicable requirements of federal law. SUBRECIPIENT agrees City shall not be liable under any circumstances or any interpretations hereof for any amount under this Agreement until the Grant Funds are received from HUD and available and appropriated for funding this Agreement, and SUBRECIPIENT understands and agrees that the total maximum subaward that SUBRECIPIENT may become entitled to hereunder, and the total maximum sum that the City shall become liable to pay to SUBRECIPIENT hereunder, shall not under any conditions, circumstances, or interpretations exceed such sum. SUBRECIPIENT’s sole remedy for unavailability or non-appropriation of the funds will be to terminate this Agreement as permitted by and in accordance with Article X. [NOTE – Per 24 CFR 576.101(c), City’s ESG funds for street outreach/emergency shelter services cannot be used to replace local funds for street outreach and emergency shelter services during the immediately preceding 12-month period, except with a HUD determination that City has a severe financial deficit.] B) It shall be the obligation of SUBRECIPIENT to ensure that sufficient funds have been allocated to pay for the Services. Should SUBRECIPIENT receive any Grant Funds from the City that are determined not to be subject to or eligible for payment with Grant Funds, SUBRECIPIENT shall refund to the City any and all such amounts that have been paid by the City. SUBRECIPIENT also understands and agrees that this Agreement is contingent upon SUBRECIPIENT’s eligibility to receive funds under all applicable federal statutes and regulations, including, without limitation, all ESG Requirements, and SUBRECIPIENT hereby represents and warrants that it is eligible to receive funds under the Federal Grant Regulations and all other applicable federal statutes and regulations.

D) In the event of termination due to non-appropriation or recapture of funds by HUD, City shall not be considered in default or breach of this Agreement.

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requirements mandated under federal law, including without limitation under the ESG Requirements and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards (2 C.F.R. Part 200) (collectively with the requirements of Exhibits B and C attached hereto, the “Federal Grant Regulations”). SUBRECIPIENT further agrees to reimburse the City, within thirty (30) days after written notice, for any Grant Funds received from the City under this Agreement that are determined to be ineligible under the Federal Grant Regulations.

G) SUBRECIPIENT understands and agrees that it shall not proceed with any Services until it receives written authorization from the City to begin. If at any time during the term of this Agreement, SUBRECIPIENT knows or reasonably should know that the funds available will not cover the cost of the Services, SUBRECIPIENT must promptly notify the City of same.

IX. PUBLIC RECORDS ACT
A) The Parties expressly acknowledge that this Agreement is subject to open government laws, including the California Public Records Act (Gov. Code §§ 7920.000, et. seq.).

X. TERMINATION
A) Termination for Convenience. In the event City receives notice at any time from HUD or any other applicable federal or state agency that repayment of all or any portion of the Grant Funds is required, the City may terminate this Agreement for convenience, in whole or in part, by giving written notice to the SUBRECIPIENT of such termination, and specifying the effective date thereof (“Notice of Termination”). If the termination is for the convenience of the City, the City shall – subject at all times to Article VIII, and consistent with all applicable law – provide disbursements of the Subaward then due and payable, including any disbursements for Services performed, subject to the reasonable satisfaction of the City, prior to the Notice of Termination for which SUBRECIPIENT has submitted reimbursement requests (properly supported by documentation requested by the City) prior to the effective date of termination. This Agreement shall terminate on the date provided in such Notice of Termination, which shall be no less than ninety (90) days after the date of such Notice of Termination.

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the termination is for cause, SUBRECIPIENT shall – subject at all times to Article VIII – receive disbursements for that portion of the work or materials provided (properly supported by documentation requested by the City) that have been fully and adequately completed and accepted by the City as of the termination date the City provides in the Notice of Termination for Cause. In such case, the City shall have the right to take whatever steps it deems necessary to complete the Project and correct SUBRECIPIENT’s deficiencies and charge the full costs of the City’s corrective action(s), including, without limitation, reasonable overhead, profit, and attorneys’ fees, to SUBRECIPIENT.

In addition, SUBRECIPIENT shall be deemed to be in default of this Agreement 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 interests hereunder.

C) Reversion of Assets. The disposition of any and all property, including, without limitation, real property, equipment, and intangible property, must be in compliance with the requirements of 2 C.F.R. §§200.311–.316. If, at the time of the expiration or termination of this Agreement, there is under the control of SUBRECIPIENT any Subaward funds or accounts receivable attributable to the Subaward funds, then SUBRECIPIENT must immediately transfer such funds or accounts to City. If, at the time of the expiration or termination of this Agreement, there is under the control of SUBRECIPIENT any property, real or otherwise, that was acquired or improved in whole or in part with Subaward funds in excess of Twenty-Five Thousand Dollars ($25,000), then SUBRECIPIENT must immediately pay to City an amount equal to the current market value of such property, less any portion of the value attributable to expenditures of non-federal funds for the acquisition of, or improvement to, such property.

E) In the event the City determines that SUBRECIPIENT is noncompliant with any of the terms of this Agreement, City, in addition to any other rights or remedies under this Agreement, at law, or in equity, may elect to take any or all of the following actions as prescribed for HUD in 24 C.F.R. §§576.501(a)-(b):
i) Require SUBRECIPIENT to submit and comply with proposals for action to correct, mitigate, and prevent noncompliance with ESG Requirements, which may include:

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a. Preparing and following a schedule of actions for carrying out affected Services, including schedules, timetables, and milestones necessary to implement the affected Services;
b. Establishing and following a management plan that assigns responsibilities for carrying out the remedial actions; c. Canceling or revising Services likely to be affected by the noncompliance, before expending Subaward funds for such Services;
d. Reprogramming Subaward funds that have not yet been expended from affected Services to other eligible activities;
e. Suspending disbursement of Subaward funds for some or all Services;
f. Reducing or terminating the remaining Subaward and reallocating funds to other subrecipients; and
g. Requiring SUBRECIPIENT make matching contributions before or as draws are made from the Subaward.
ii) If Subaward is not already to be made on a reimbursement basis, change the payment method to such basis.
iii) Suspend payments to the extent City deems it necessary to preclude the further expenditure of funds for affected Services.
iv) Remove SUBRECIPIENT from participation in any reallocations of federal funds.
v) Deny matching credit for all or part of the cost of the affected Services and require the SUBRECIPIENT to make further matching contributions to make up for the contribution determined to be ineligible.
vi) Require SUBRECIPIENT reimburse any line of credit in an amount equal to the funds used for the affected Services.
vii) Make additional conditions for any future awards from the City to the SUBRECIPIENT.

In accordance with 2 C.F.R. §200.339, in addition to any remedies for a default under this Agreement as provided herein, at law, or in equity, City may elect to pursue any or all of the following:
i) Repayment from SUBRECIPIENT to City of any amount which the State or Federal government determines to have been misused or are subject to repayment;

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ii) Modify any plans, budget, compensation terms, schedules, manner of providing services or other activities in connection with this Agreement, or take other actions directed or recommended by the State or Federal government; iii) Elect to have SUBRECIPIENT re-perform or cause to be re-performed, at SUBRECIPIENT’s sole expense, any work which failed to meet the requirements of this Agreement;
iv) In the case of goods, reject the goods and require SUBRECIPIENT to provide replacement goods that meet the needs of City and the terms of this Agreement; and
v) Hire another contractor, subcontractor, or vendor to perform the work and deduct any additional costs incurred by City as a result of substituting contractors, subcontractors, or vendors from any amounts due to SUBRECIPIENT.

F) Ownership of Documents. Information, programs, software, firmware, designs, hardware, documentation, data, source code, and any literary works and other works of authorship created under or in connection with this Agreement (collectively the “Documents”) shall be delivered to the City when this Agreement expires or is terminated. SUBRECIPIENT acknowledges and agrees it has no ownership in the Documents, and such Documents are owned by the City.

G) Additional Termination Provisions. Upon receipt of a Notice of Termination or a Notice of Termination for Cause specifying the extent of the termination, the effective date of the termination, regardless of whether the termination is for cause or for convenience, SUBRECIPIENT shall promptly discontinue the Services unless such notice directs SUBRECIPIENT to the contrary. SUBRECIPIENT shall deliver and transfer title to the City for all Documents and provided materials and completed work, and work in progress, including, without limitation, drafts, documents, plans, forms, maps, products, graphics, computer programs, software, hardware, and reports created under or in connection with this Agreement. The rights and remedies provided in this article are in addition to any other rights and remedies provided under this Agreement, at law, or in equity, including, without limitation, the right to specific performance. SUBRECIPIENT acknowledges the City’s right to terminate this Agreement with or without cause as provided in this article and hereby waives any and all claims for any damages, including, without limitation, special, indirect, punitive, incidental, exemplary, or consequential damages, losses, or lost profits, that might arise from the City’s act of terminating this Agreement. City shall not be liable for any costs other than the charges or portions thereof that are authorized by this Agreement. If City terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, SUBRECIPIENT shall be entitled to receive only the amounts payable under this article, and SUBRECIPIENT specifically waives any claim for any other amounts or damages, including, without limitation, special, indirect, punitive, incidental, exemplary, or consequential damages, losses, or lost profits, arising from the City’s act of termination.

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H) Confidential Information. Subject at all times to all record keeping and other obligations set forth herein, within thirty (30) days following written request following termination of this Agreement, each Party must return or destroy all confidential information marked as such of the other Parties in its possession and must not make or retain any copies of such confidential information except as provided for under this Agreement or as required to comply with any applicable legal or accounting record keeping requirements.

To City: City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Attn: Community Development and Housing Department
To SUBRECIPIENT: [SUBRECIPIENT]
Attn:

Any Party may designate a different address by giving the other Parties ten (10) days written notice.

XII. INDEMNIFICATION

THE PROVISIONS OF THIS ARTICLE SHALL SURVIVE THE TERMINATION

OF THIS AGREEMENT, HOWEVER CAUSED, AND NO PAYMENT, PARTIAL

PAYMENT, OR ISSUANCE OF EITHER A CERTIFICATE OF SUBSTANTIAL

COMPLETION OR FINAL ACCEPTANCE IN WHOLE OR IN PART SHALL WAIVE OR RELEASE ANY OF THE PROVISIONS OF THIS ARTICLE.

TO THE EXTENT NOT OTHERWISE PROHIBITED UNDER THE LAWS OF THE STATE OF CALIFORNIA, SUBRECIPIENT (“INDEMNIFYING PARTY”)

SHALL INDEMNIFY, DEFEND (WITH COUNSEL REASONABLY

ACCEPTABLE TO CITY), RELEASE, AND HOLD HARMLESS THE CITY AND

ITS OFFICERS, OFFICIALS, DIRE CTORS, MANAGERS, EMPLOYEES,

AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS
(“INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS,

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LIABILITY, EXPENSE, JUDGMENT, SUIT, CAUSE OF ACTION, DEMAND,

OR OTHER DAMAGES (INCLUDI NG, WITHOUT LIMITATION,
REASONABLE ATTORNEYS’ FEES AND COURT COSTS THAT MAY BE

INCURRED BY THE CITY IN LITIGATI ON OR OTHERWISE RESISTING

SAID CLAIMS OR LIABILITIES THAT MIGHT BE IMPOSED ON THE

INDEMNIFIED PARTY AS THE RESULT OF SUCH ACTIVITIES BY THE

INDEMNIFYING PARTY OR ANOTHER ENTITY OVER WHICH THE

INDEMNIFYING PARTY EXERCISES CONTROL OR FOR WHOSE ACTS

INDEMNIFYING PARTY MAY BE LIABLE) OF ANY KIND OR CHARACTER

WHATSOEVER THAT MAY BE ASSERTED OR ACCRUE AGAINST AN

BANKRUPTCY, STATE OR FEDERAL TAX LEVIES OR LIENS, OR OTHER

SIMILAR LEGAL PROCEEDINGS AFFECTING THE INDEMNIFYING

PARTY, IN WHICH THE INDEMNIFIED PARTIES MAY BECOME IN ANY WAY INVOLVED; OR ANY OTHER ACT, ERROR, OR OMISSION

COMMITTED BY THE INDEMNIFYING PARTY OR ANOTHER ENTITY

OVER WHICH THE INDEMNIFYING PARTY EXERCISES CONTROL OR

FOR WHOSE ACTS INDEMNIFYING PARTY MAY BE LIABLE, RELATING

TO THE SERVICES OR THIS AG REEMENT, AND WHICH DOES NOT

RESULT FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNIFIED PARTY.

CITY WILL PROVIDE THE INDEM NIFYING PARTY PROMPT, WRITTEN

NOTICE OF ANY SUCH CLAIM OR SUIT AND SHALL REASONABLY

COOPERATE WITH THE INDEMNIFYING PARTY IN ITS DEFENSE OR SETTLEMENT OF SUCH CLAIM OR SUIT.

IF A RESTRAINING ORDER OR TEMPORARY INJUNCTION IS GRANTED

DUE TO ANY ACT, ERROR, OR OMISSION OF THE INDEMNIFYING PARTY

OR ANOTHER ENTITY OVER WHICH THE INDEMNIFYING PARTY

EXERCISES CONTROL, THE INDEMNIFYING PARTY SHALL MAKE

EVERY EFFORT, INCLUDING, BUT NOT LIMITED TO, SECURING A BOND

IN ACCORDANCE WITH APPLICABLE LAW AND SATISFACTORY TO THE

CITY TO OBTAIN THE SUSPENSION OF ANY SUCH RESTRAINING ORDER OR TEMPORARY INJUNCTION.

CITY RESERVES THE RIGHT TO BE INDEPENDENTLY REPRESENTED BY

COUNSEL OF ITS OWN CHOICE IN CONNECTION WITH ANY SUCH SUIT OR PROCEEDING.

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the disclosing Party and other information identified by the disclosing Party as confidential or deemed confidential by applicable federal, state, or local law and obtained during the performance of Services under this Agreement. Except for contractors, subcontractors, suppliers, and vendors who have a need to know in order to perform their respective scope of work in support of this Agreement and who are subjected to similar confidentiality obligations as those set forth herein, the Parties shall not release any confidential information unless the disclosing Party, in writing, authorizes such release of specific, confidential information to any third parties.

The Parties shall not access any information they are not authorized to receive, whether such authorization comes through this Agreement or otherwise. SUBRECIPIENT must not copy, recreate, or use any proprietary information or proprietary documents obtained from the City in connection with this Agreement other than for the performance of this Agreement.

SUBRECIPIENT must not divulge or otherwise make use of the trade secrets or confidential information, procedures, or policies of any former employer, client, or customer in the performance of this Agreement, nor shall SUBRECIPIENT copy, recreate, or use any proprietary information of any third party in the performance of Services under this Agreement except to the extent authorized by such third parties.

A) No Breach or Default. SUBRECIPIENT is not in breach of any other contract, obligation or covenant that would affect SUBRECIPIENT’s ability to perform under this Agreement and, as a result of entering into this Agreement, will not breach any such contract, obligation, or covenant.

B) Conflict of Interest. SUBRECIPIENT must comply with the conflicts of interest requirements of 24 C.F.R. §576.404 with respect to the use of the Subaward to procure services, equipment, supplies, or other property, which provides that no person who is an employee, agent, consultant, officer, or elected or appointed official of 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 thereunder, 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. SUBRECIPIENT must also establish and maintain written standards of conduct covering organizational conflicts of interest required under 2 C.F.R. §200.318. All contractors of the SUBRECIPIENT must comply with the same requirements that apply to SUBRECIPIENT under this subsection.

SUBRECIPIENT has not nor shall it knowingly acquire any interest that would conflict in any manner with the performance of its obligations under this Agreement. Furthermore, no company or person, other than a bona fide employee, has been employed to solicit or secure this Agreement with the City, and SUBRECIPIENT has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this provision, the City shall have

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the right to terminate this Agreement without liability and, at City’s discretion, to deduct from the Subaward or otherwise recover the full amount of such fee, percentage, brokerage fee, gift, or other consideration.

D) Lobbying. SUBRECIPIENT shall not use funds received under this Agreement to directly or indirectly pay any person for influencing or attempting to influence any public employee or official in connection with the awarding of any contract or the extension, continuation, renewal, amendment, or modification of any contract. Pursuant to 31 U.S.C. § 1352 (2003), if at any time during the Term of this Agreement funding to SUBRECIPIENT exceeds $100,000.00, SUBRECIPIENT shall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.”
E) Affiliated Entities. SUBRECIPIENT shall not enter into any subcontract, contract agreement, purchase order, or other arrangement (“Arrangement”) for the furnishing of all or any portion of the Services or other labor or materials in connection with the Project with any party or entity if such party or entity is an Affiliated Entity (as defined below) of SUBRECIPIENT unless approval of such Arrangement has been granted by City, after full disclosure in writing by SUBRECIPIENT to City of such affiliation or relationship and all details relating to the proposed Arrangement. “Affiliated Entities” means business concerns or individuals if, directly or indirectly –
i) Either one controls or can control the other party; or ii) A third-party controls or can control both.

Any holder of more than ten percent (10%) of the issued and outstanding shares of another entity shall be deemed to have a controlling interest in said entity.

F) No Federal Exclusion.
i) Neither SUBRECIPIENT nor any of its employees is an “Ineligible Person.” An “Ineligible Person” is an individual or entity who:
a) is currently excluded, debarred, suspended, or otherwise ineligible to participate in any federal and/or state grant, health care program, or in federal and/or state procurement or nonprocurement programs. This includes but is not limited to persons who are on the List of Excluded Individuals or Entities of the Inspector General, List of Parties excluded from Federal Programs by the General Services Administration or the Medicaid Sanction List; or,
b) has been convicted of a criminal offense related to the provision of health care items or services [within the rules and regulations of 42 USC §1320a-7(a)], but has not yet been excluded, debarred, suspended, or otherwise declared ineligible.
ii) SUBRECIPIENT agrees to promptly report to the City if it becomes an “Ineligible Person” during the Term of this Agreement, or to cease assigning

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any employee to provide Services if the employee becomes an “Ineligible Person” during the Term of this Agreement.
i) SUBRECIPIENT is not debarred, suspended, or otherwise excluded from or ineligible for participation in any Federal programs, including but not limited to the following: Department of Health and Human Services (DHHS), Office of Inspector General (OIG) – List of Excluded Individuals & Entities (LEIE); U.S. General Services Administration (GSA) – Excluded Parties List System (EPLS); All States (50) Health & Human Services Commission Medicaid OIG Sanction List; Government Terrorist Watch List (OFAC/Patriot Act); Department of Commerce, Bureau of Industry and Security, Denied Persons List; and Department of Homeland Security, Immigration and Customs Enforcement (ICE) Most Wanted.

C) Whistleblower Protection Act. SUBRECIPIENT understands and agrees that this Agreement and its employees working on this Agreement will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239). SUBRECIPIENT shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712. SUBRECIPIENT shall insert the substance of this clause (“Whistleblower Protection Act”) in all contracts and subcontracts entered into in connection with this Agreement.

D) Interested Parties. Prior to execution of the Agreement, SUBRECIPIENT shall, as an update, complete the City’s [Conflict of Interest Form concerning “Interested Parties.”] The information on the form must be complete and accurate.

E) Compliance with Federal Requirements. SUBRECIPIENT acknowledges and agrees it is a subrecipient (as defined in 24 C.F.R. §576.2 “Subrecipient”) of the City and must comply with the applicable requirements of the Federal Grant Regulations, including, without limitation, 2 C.F.R. §§ 200.330–200.331.

SUBRECIPIENT agrees to comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives, as well as state and local laws, regulations, and policies governing the funds provided under this Agreement. With respect to any conflict between such federal requirements and the terms of the Agreement and the provisions of state or local law, the strictest requirement shall control except as otherwise required under federal law or regulation. Violations of law will be referred to the proper authority in the applicable jurisdiction. SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

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Contracts and subcontracts entered into by SUBRECIPIENT in connection with this Agreement shall comply with all applicable federal laws, regulations, executive orders, policies, procedures, and directives.
i) Fund payments are considered to be federal financial assistance subject to the Single Audit Act, codified at 31 U.S.C. §§ 7501–7507.
ii) SUBRECIPIENT is subject to a single audit or program specific audit under 2 C.F.R. §200.501(a) when SUBRECIPIENT spends $1,000,000 or more in federal awards during the fiscal year, and SUBRECIPIENT must arrange for an independent financial and compliance audit annually for each such fiscal year and submit the results to City within thirty (30) days of completion. iii) Fund payments are subject to 2 C.F.R. § 200.303 regarding internal controls. iv) Fund payments are subject to 2 C.F.R. §§ 200.331–200.333 regarding subrecipient monitoring and management.
v) Fund payments are subject to Subpart F of the Uniform Guidance regarding audit requirements.

J) Administrative Costs. SUBRECIPIENT may not use funds for administering the program, including costs of consultants to support effective management and oversight, including consultation for ensuring compliance with legal, regulatory, and other requirements.

K) Program Income. “Program Income” means, as defined under 2 C.F.R. Part 200 and in accordance with 2 C.F.R. §200.307, the gross income received by the SUBRECIPIENT (including any amount of a security or utility deposit returned to the SUBRECIPIENT) that is generated by the use of the Subaward. Costs paid by Program Income may count toward the matching requirements in accordance with 24 C.F.R. §576.407(c)(1), provided the costs are eligible costs under the Federal Grant Regulations. Program Income funds are accrued during the program year, then included in and committed in the next year’s action plan.

SUBRECIPIENT agrees to calculate, document, and record all Program Income.

SUBRECIPIENT also agrees to implement written policies that explicitly identify appropriate allocation methods, accounting standards and principles, compliance monitoring checks for program income calculations, and records.

L) Cost Principles. Costs incurred, whether charged on a direct or an indirect basis, must be in conformance with 2 C.F.R. Part 200, Subpart E.

M) Reporting Obligations. SUBRECIPIENT must submit regular annual progress and financial reports through HMIS on or before the 15th day of July, in form and substance

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satisfactory to City, containing, at a minimum, the information required under 24 C.F.R. §576.500 and 2 C.F.R. §§200.328-.330, in compliance with all Federal Grant Regulations.

N) No Obligation by Federal Government. None of the Federal government, HUD, and any other federal agency or pass-through entity providing financial assistance are a party to this Agreement or any transaction between a subrecipient and a contractor or subcontractor. The Federal government or any other federal agency or pass-through entity providing financial assistance are not subject to any obligations or liable to any party for any matter relating to this Agreement.

O) Program Fraud & False or Fraudulent Statements or Related Acts. Recipients, subrecipients, and contractors must comply with 31 U.S.C. Chapter 38, Administrative Remedies for False Claims and Statements, which shall apply to the activities and actions of recipients, subrecipients, contractors, and subcontractors pertaining to any matter resulting from a contract.

P) Fraud, Waste, and Abuse Reporting. SUBRECIPIENT must promptly report to the City through the [City’s Fraud, Waste, or Abuse Program, at:
[NUMBER/WEBSITE/OTHER]] and also notify the City in accordance with all the Notice provisions contained in this Agreement of all suspected or known instances and facts concerning fraud, waste, abuse, or criminal activity under this Agreement.

Q) Displacement and Relocation. SUBRECIPIENT must take all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of the Services [or the Project]. If the Services [or Project] will result in the displacement of persons, SUBRECIPIENT must comply with the requirements of 24 C.F.R. §576.408 and the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations at 49 C.F.R. Part 24. Temporary relocation as a result of the Services [or the Project] is not permitted, and any relocation should be treated as a permanently displacement.

XIV. ADMINISTRATIVE REQUIREMENTS
A) Direct and Indirect Costs. SUBRECIPIENT may use funds provided under the Subaward to cover both direct costs and indirect costs in accordance with 24 C.F.R. §576.109.

B) Financial Management. SUBRECIPIENT agrees to comply with and adhere to any accounting principles and procedures required by federal law, as well as utilize adequate internal controls relating to performance of this Agreement. SUBRECIPIENT’s accounting systems to record expenditures must be established and maintained in accordance with generally accepted, sound accounting standards.

C) Universal Identifier and System for Award Management. SUBRECIPIENT must comply with the requirements of 2 C.F.R. Part 25 (Universal Identifier and System for Award Management (SAM)). The SUBRECIPIENT must have an active registration in SAM in accordance with 2 C.F.R. Part 25, Appendix A, and must have a Unique Entity Identifier.

The SUBRECIPIENT must also comply with provisions of the Federal Funding

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Accountability and Transparency Act, which includes requirements on executive compensation, and 2 C.F.R. Part 170 (Reporting and Subaward and Executive Compensation Information).

D) Procurement and Contractor Oversight. SUBRECIPIENT acknowledges that it is a subrecipient, as defined in federal law, of the City and is obligated to comply with all applicable federal requirements, including the procurement standards in 2 C.F.R. §§ 200.317–200.327, in the procurement of its contractors performing the Services on the Project under this Agreement and to include all applicable federal requirements in its contracts with such contractors. SUBRECIPIENT must maintain oversight of all activities under this Agreement and shall ensure that for any procured contracts their respective contractors perform according to the terms and conditions of the procured contracts and the terms and conditions of this Agreement.

E) Audits, Documentation & Recordkeeping/Record Retention. SUBRECIPIENT must establish a written policy for recordkeeping (including for confidential information as described in 24 C.F.R. §576.500(x)) and maintain records sufficient to enable the City to (1) determine whether the SUBRECIPIENT has complied with this Agreement, applicable Federal statutes and regulations, and the award terms and conditions and (2) satisfy recordkeeping requirements established by City and applicable regulations and guidance issued by HUD as prescribed for City.
i) The City, any federal or state agency (including without limitation any federal Inspectors General), the Comptroller General of the United States, or any of their authorized representatives (each an “Auditor”), shall have the right of access to any facilities and to any records, documents, financial statements, papers, or other records of the SUBRECIPIENT in order to make audits, examinations, excerpts, and transcripts related to this Agreement.

SUBRECIPIENT must cooperate with such examinations, studies, and audits and provide the Auditor with such documents, including, without limitation, SUBRECIPIENT’s backup and support data related to any work, materials, and billings under this Agreement. The Auditor may perform such examinations, studies, and audits before or after payment. The right of access of Auditor also includes timely and reasonable access to the SUBRECIPIENT’s personnel for the purpose of interview and discussion related to such documents. All payments made by City are subject to re-evaluation and refund or withholding of future payments conditioned on the results of the audit. SUBRECIPIENT agrees that in the event its performance under this Agreement is subjected to audit exceptions by appropriate federal audit agencies, SUBRECIPIENT shall be responsible for complying with such exceptions and paying City the full amount of City’s liability to the funding agency resulting from such audit exceptions.
ii) All recipients, subrecipients, contractors, subcontractors, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing access to records, accounts, documents, information, and facilities.

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iii) To the extent required by and in accordance with 2 C.F.R. Part 200 and any applicable guidance from HUD, recipients, subrecipients (including SUBRECIPIENT), contractors, subcontractors, successors, transferees, and assignees must retain sufficient records, which may include, but are not limited to, financial records, supporting documents, statistical records, and all other records pertinent to the Agreement. Subject to and in accordance with the requirements set forth and in accordance with 2 C.F.R. Part 200 (including particularly 2 C.F.R. Part 200, Subpart D) and any applicable guidance from HUD, provided in the event of litigation, claim, or audit, the records must be retained until all litigation, claims, and audit findings involving the records have been fully resolved, records shall be maintained by SUBRECIPIENT as required under 24 C.F.R. §576.500(y) for the greater of (i) five (5) years or (ii) the following:
a. Documentation of each program participant’s qualification as a family or individual at risk of homelessness or as a homeless family or individual and other program participant records must be retained for five (5) years after the expenditure of all funds from the grant under which the program participant was served;
b. Where Subaward funds are used to rehabilitate or convert a building into an emergency shelter and the costs charged to the Subaward for the rehabilitation or conversion exceed seventy-five percent (75%) of the value of the building before rehabilitation or after conversion, records must be retained until ten (10) years after the date that Subaward funds are first obligated for the rehabilitation or conversion.
iv) This Section XI(F) shall survive termination of this Agreement.

F) Personally Identifiable Information. SUBRECIPIENT must take reasonable measures to safeguard protected personally identifiable information, and other information the City designates as sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. For purposes of this provision, the definition for personally identifiable information found at 2 C.F.R. § 200.1 is incorporated herein.

G) Monitoring & Compliance. To the extent required and in accordance with 2 C.F.R. Part 200, City shall have the right to monitor the activities of SUBRECIPIENT as necessary and in accordance with applicable regulations on subrecipient monitoring and management (2 C.F.R. §§ 200.331–200.333) to ensure SUBRECIPIENT and the Project are in compliance with all the requirements of this Agreement, including the timeframes and performance goals associated with the Activities. In the event the City has reasonable grounds to question the fiscal accountability, financial soundness, or compliance of SUBRECIPIENT or the Project with this Agreement, the City may suspend performance of this Agreement, upon three (3) days’ notice to SUBRECIPIENT of same, for the longer of (i) a period of sixty (60) days after City provides such notice to SUBRECIPIENT or (ii) pending resolution of an audit or other investigation as determined by City.

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Substandard performance as determined by the City will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by SUBRECIPIENT within seven (7) days after being notified by the City, the City may impose additional conditions on SUBRECIPIENT and its use of funds (per 2 C.F.R. § 200.208), suspend or terminate this Agreement, or initiate other remedies for noncompliance. Monitoring of SUBRECIPIENT shall include:
i) Reviewing financial and performance reports as required by the City. ii) Following-up and ensuring that SUBRECIPIENT takes timely and appropriate action on all deficiencies pertaining to this Agreement detected through audits, on-site reviews, and other means.

H) Closeout. SUBRECIPIENT must comply with all applicable requirements for closeout under 2 C.F.R. §200.344, including timely submission of all reports, refunding unobligated funds and funds not authorized for retention, and submission of any required accounting, as well as providing any other information, documentation, or other items requested by the City required for City to comply with closeout procedures. SUBRECIPIENT must submit all required financial, performance, and other reports and liquidate all obligations incurred no later than ninety (90) days after the end of the Term.

XV. PUBLIC CONTACT
Contact with the news media, citizens of the City, or governmental agencies shall be the responsibility of the City. Under no circumstances shall SUBRECIPIENT release any material or information relating to the performance of the Services without the express written permission of the City.

XVI. APPLICABLE LAW AND VENUE
A) The Agreement is subject to all applicable state and federal laws, orders, rules, and regulations.

B) This Agreement is governed by the laws of the State of California, unless federal law controls as to the issue.

C) The forum for any action under or related to the Agreement is exclusively in a state or federal court (if the latter has or can acquire subject matter jurisdiction) located in San

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Bernardino County, California. Each party irrevocably submits to personal jurisdiction in the state or federal courts of San Bernardino County, California.

D) The exclusive venue for any action under or related to the Agreement is in a state or federal court of competent jurisdiction in San Bernardino County, California, and each party waives any objection based on improper venue or forum non conveniens.

XVIII. [RESERVED.]
XIX. NO PERSONAL LIABILITY; NO WAIVER OF IMMUNITY
A) Nothing in this Agreement shall be construed as creating any personal liability on the part of any officer, official, manager, director, employee, agent, or representative of the City, and SUBRECIPIENT expressly agrees that execution of the Agreement does not create any personal liability on the part of any officer, official, manager, director, employee, agent, or representative of the City.

THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR

SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR

HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
__________

SUBRECIPIENT
B) The Parties agree that no provision of this Agreement extends the liability of the City beyond the liability permitted under the laws of the State of California.

XX. INSURANCE REQUIREMENTS
A) SUBRECIPIENT shall, at all times during the term of this Agreement, maintain insurance coverage with not less than the type and requirements prescribed in the Insurance

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Requirements attached hereto as Exhibit G. Such insurance is to be provided at the sole cost and liability of the SUBRECIPIENT. The Exhibit G insurance requirements as to the types and limits of insurance coverage to be maintained by SUBRECIPIENT, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the SUBRECIPIENT pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
i) Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than [A-VII], unless otherwise acceptable to the City.
ii) SUBRECIPIENT must furnish the City, prior to the required date of coverage, or at any time afterwards upon the request by the City, true and accurate copies of all certificate(s) of insurance, with original certificates and endorsements or copies of the applicable policy language effecting coverage required by this section and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. iii) SUBRECIPIENT agrees insurance coverage maintained by the City shall apply in excess of and not contribute with SUBRECIPIENT’s insurance as required under this section.
iv) The City reserves the right to modify these insurance requirements, including coverage amounts, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
v) SUBRECIPIENT shall require and verify that all contractors and subcontractors maintain insurance meeting all requirements stated herein, and SUBRECIPIENT shall ensure that City is an additional insured on such insurance. For CGL coverage, subcontractors must provide coverage with a form at least as broad as CG 20 38 04 13.

B) Generally, SUBRECIPIENT must maintain, at a minimum, the following insurance requirements. The below standards are for reference as the controlling requirements are listed in Exhibit G.
i) Commercial General Liability: Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
ii) Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

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iii) Automobile Liability Coverage: ISO Form Number CA 00 01 covering any auto (Code 1), or if SUBRECIPIENT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
iv) Public Liability Insurance: Covering all risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Agreement. The amounts of such insurance shall not be less than: Property Damage, per occurrence: $1,000,000; Bodily Injury or Death, per person:
$1,000,000; Bodily Injury or Death, per occurrence: $3,000,000. v) Proof of insurance with proof of waiver of subrogation and City designated as an “additional insured” must be returned attached to this Agreement, when executed, as part of Exhibit G, attached hereto and incorporated herein by reference.

XXI. [RESERVED.]
XXII. WAIVER OF BREACH
Waiver by any Party of a breach or violation of any provision of the Agreement is not a waiver of any subsequent breach.

XXIV. SURVIVAL OF TERMS
Any provision of this Agreement that, by its plain meaning, is intended to survive the expiration or earlier termination of this Agreement including, but not limited to the

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indemnification provisions, shall survive such expiration or earlier termination. If an ambiguity exists as to survival, the provision shall be deemed to survive.

XXV. CONTRACT CONSTRUCTION
A) This Agreement shall not be construed against or in favor of any Party hereto based upon the fact that the Party did or did not author this Agreement.

B) The headings in this Agreement are for convenience or reference only and shall not control or affect the meaning or construction of this Agreement.

C) When terms are used in the singular or plural, the meaning shall apply to both.

D) When either the male or female gender is used, the meaning shall apply to both.

XXVI. SUCCESSORS, ASSIGNS, AND SUBCONTRACTING
A) This Agreement is binding on and inures to the benefit of the Parties and their respective successors and assigns.

B) No Party shall assign, sublet, award, or transfer its interest in this Agreement without written consent of the other Parties.

C) SUBRECIPIENT may not enter into any contract or subcontract in connection with this Agreement without the express written consent of the City.

XXVII. NO THIRD-PARTY BENEFICIARIES
A) The City is not obligated or liable to any party other than SUBRECIPIENT for the performance of this Agreement.

B) Except as to audit rights, nothing in the Agreement is intended or shall be deemed or construed to create any additional rights or remedies in any third party.

XXVIII. OTHER FEDERAL REQUIREMENTS
A) SUBRECIPIENT agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry or national origin in its provision of the Services in compliance with 24 C.F.R. §576.407. To the extent this Agreement provides that SUBRECIPIENT offer accommodations or services to the public, such accommodations or services shall be offered to the public on fair and reasonable terms and SUBRECIPIENT must make known that use of any facilities, assistance, and services are available to all on a nondiscriminatory basis in compliance with 24 C.F.R. §576.407(b). SUBRECIPIENT must establish affirmative outreach procedures to make known the availability of any facilities, assistance, and services to

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persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for such facilities, assistance, and services. Consistent with Title VI and Executive Order 13166, SUBRECIPIENT must take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency persons.

B) As required under 24 C.F.R. §576.409, SUBRECIPIENT must comply with the Violence Against Women Act (“VAWA”). SUBRECIPIENT must ensure each lease to an Eligible Household the City’s [VAWA Notice and Certification Forms], in order to comply with the requirements of 24 C.F.R. §5.2005. SUBRECIPIENT must ensure that the [VAWA Notice and Certification Forms] are made available in multiple languages in accordance with Executive Order 13166. Within thirty (30) days of the Effective Date of this Agreement, SUBRECIPIENT must deliver to City a copy of SUBRECIPIENT’s emergency transfer plan, which plan shall be based on HUD’s model emergency transfer plan in accordance with 24 C.F.R. §5.2005(e). Pursuant to 24 C.F.R. §576.409(f), denial of admission of otherwise qualified participant(s) to or removal from the emergency shelter on the basis or as a direct result of the fact that the participant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking is prohibited.

C) In addition to other procurement requirements and standards of 2 C.F.R. Part 200, SUBRECIPIENT and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (“EPA”) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

D) SUBRECIPIENT acknowledges the requirements of 24 C.F.R. §5.109 apply to the Services, including, without limitation, requirements regarding disposition and change in use of real property by a faith-based organization.

XXIX. ENTIRE AGREEMENT; MODIFICATIONS
A) This instrument contains the entire Agreement between the Parties relating to the rights herein granted and obligations herein assumed.

B) Any oral or written representations or modifications concerning this instrument shall not be effective excepting a subsequent written modification signed by the Parties.

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warrants that the undersigned is a duly authorized representative with the power to execute this Agreement.

II. CITY’S REPRESENTATIVE
The Director of the City’s Community Development and Housing Department, or such person’s designee (the “City’s Representative”), shall represent the City in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City’s Representative is authorized to act unless this Agreement specifically provides otherwise or the context should otherwise require. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

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Signature Page to Emergency Solutions Grants Program Subrecipient Agreement IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective Date.

CITY:

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

Rochelle Clayton, Acting City Manager
APPROVED AS TO FORM:

By:

City Attorney
SUBRECIPIENT:
[SUBRECIPIENT],
a [_______________________]
By:

Name:

Title:

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Exhibit A
Federal Award Identification Table and
Scope of Services

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Exhibit B
Award Terms and Conditions

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Exhibit C

FEDERAL REQUIREMENTS FOR SUBRECIPIENTS
Subaward Information (2 CFR 200.332).

1. Subrecipient Name [INSERT]

2. Subrecipient’s Unique Entity Identifier [INSERT]

3. Federal Award Identification Number
(FAIN)
[INSERT]

4. Federal Award Date [INSERT]

5. Subaward Period of Performance: Start
Date and End Date
[INSERT]

6. Subaward Budget Period Start Date and
End Date
[INSERT]

7. Amount of Federal Funds Obligated to the
Subrecipient by the Pass-Through Entity
[INSERT]

8. Amount of Federal Funds Obligated to the
Subrecipient by the Pass-Through Entity,
Including the Current Obligation
[INSERT]

9. Total Amount of the Federal Award
Committed to the Subrecipient by the Pass-
Through Entity
[INSERT]

10. Federal Award Project Description Use of ESG Funds for the purpose of [INSERT]

11. Name of Federal Awarding Agency
Name of Pass-Through Entity
Contact Information for Pass-Through
Entity
U.S. Department of Housing and Urban
Development
[INSERT]
[INSERT]

12. Assistance Listing Number and Title [INSERT]

13. Is the Award for Research &
Development?
No

14. Indirect Cost Rate for Award? [INSERT]
[SUBRECIPIENT] (“Obligated Party”) must comply and cause its contractors and subcontractors to comply, to the extent applicable, with the requirements of 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), and the implementing regulations at 24 C.F.R. Part 576 (collectively, the “ESG Requirements”), for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, payment of certain expenses related to operating emergency shelters, essential services related to emergency shelters and street outreach for the homeless, and homelessness prevention and rapid re-housing

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assistance. Obligated Party must also comply with all other applicable federal statutes, regulations, and executive orders and the terms of the contract to which this Exhibit is attached (the “Contract”) and the requirements of this Exhibit, including without limitation, the requirements, incorporated herein by reference, of the Unique Entity Identifier and System for Award Management (SAM), 2 CFR Part 25 (including the Award Term set forth in 2 CFR Part 25, Appendix A); Recipient Integrity and Performance Matters (including the Award Term and Condition for Recipient Integrity and Performance Matters set forth in 2 CFR Part 200, Appendix XII); and Reporting Subaward and Executive Compensation Information in 2 CFR Part 170 (including the Award Term set forth in 2 CFR Part 170, Appendix A).

Internal Controls (2 CFR 200.303). Obligated Party must establish and maintain effective internal control over the federal funds that provides reasonable assurance that federal funds are managed in compliance with all applicable Federal, State, and local laws, regulations, and the terms and conditions of the Federal award. Obligated Party must take reasonable measures to safeguard protected personally identifiable information and other information considered to be sensitive consistent with applicable Federal, State, and local laws regarding privacy and responsibility over confidentiality.

National Flood Insurance Program. If applicable, Obligated Party shall comply with the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234; 42 U.S.C. § 4001 et seq.) (44 CFR Parts 59 through 79) for areas identified by HUD as having special flood hazards. The use of any funds provided for acquisition or construction in identified areas shall be subject to the Mandatory Purchase of Flood Insurance requirements of section 102(a) of said act.

Displacement, Relocation, Acquisition, and Replacement of Housing (24 CFR 576.408). If the Project or any work provided in accordance with the Contract will result in the displacement of persons, Obligated Party covenants and agrees to comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations at 49 CFR Part 24 and 24 CFR Part 42.

Equal Protection of the Laws for Faith-Based Community Organizations (24 CFR 576.406).

Obligated Party shall comply with the requirements of Executive Order 13279 and 24 CFR 5.109 to ensure the equal participation of faith-based organizations in all activities under this Contract.

Lead-Based Paint (24 CFR 576.403). Obligated Party shall comply, as applicable, with the requirements of the Lead-Based Paint Poisoning Prevention Act (43 U.S.C. 4821–4846) and

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implementing regulations at 24 CFR Part 35, the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§ 4851-4856), and the implementing regulations at 24 CFR Part 35, Subparts A, B, J, K and R and 40 CFR part 745, including, without limitation, taking appropriate actions to protect occupants of residential dwellings from the hazards associated with lead-based paint abatement procedures.

Eligibility Restrictions for Certain Noncitizens (24 CFR Part 5, Subpart E). Obligated Party shall comply with the applicable restrictions on the provision of benefits to noncitizens under 24 CFR Part 5, Subpart E.

Housing Counseling (24 CFR 576.105(e)). If Obligated Party provides housing counseling, as defined in 24 CFR 5.100, under the Contract, the housing counseling must be carried out in accordance with 24 CFR 5.111.

Obligated Party shall inform its employees in writing of the rights and remedies provided under this provision in the predominant native language of the workforce.

Conflicts of Interest (2 CFR 200.318(c) and 24 CFR 576.404). In accordance with 2 CFR 200.318(c), Obligated Party must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts, as well as for disciplinary actions to be applied for violations of such standards. Such standards shall, at a minimum, provide that no employee, officer, or agent of Obligated Party may participate in the selection, award, or administration of the Contract or any other contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.

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its parent, affiliate, or subsidiary organizations must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization.

In accordance with 24 CFR 576.604, in all cases other than the procurement of supplies, equipment, construction, and services, no employee, agent, consultant, officer, or elected official or appointed official of the Obligated Party who exercises or has exercised any functions or responsibilities with respect to activities assisted under the ESG program, or who is in a position to participate in a decision- making process or gain inside information with regard to activities assisted under the program, may obtain a financial interest or benefit from an assisted activity; have a financial interest in any contract, subcontract, or agreement with respect to an assisted activity; or have a financial interest in the proceeds derived from an assisted activity, either for him or herself or for those with whom he or she has family or business ties, during his or her tenure or during the one-year period following his or her tenure. HUD may grant an exception to this exclusion as provided in 24 CFR 576.404(b)(3).

SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 Obligated Party acknowledges that any work to be performed under the Contract is on a project 1 assisted all or in part under a HUD program providing more than $200,000 in federal financial assistance and, pursuant to 24 CFR 576.407, is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 U.S.C. § 1701u) and implementing regulations under 24 CFR Part 75 (“Section 3”). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents located in the area of the project and that contracts for work in connection with the project be awarded to business concerns that are owned in substantial part by lower income persons and provide economic opportunities to 1 Defined under 24 CFR 75.3(a)(2) as “the site or sites together with any building(s) and improvements located on the site(s) that are under common ownership, management, and financing.”

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lower income residents located in the area of the project in accordance with 24 CFR 75.19. Obligated Party shall comply with the requirements of Section 3 and all applicable rules and orders of HUD issued thereunder as of or prior to the Contract.

Obligated Party shall include a Section 3 clause in every contract and subcontract in connection with the Contract. At the direction of the Pass-Through Entity, Obligated Party shall take appropriate action pursuant to the contract or subcontract upon a finding that the contractor or subcontractor is in violation of any Section 3 requirements. Obligated Party shall not contract or subcontract with any party where Obligated Party has notice or knowledge that such party has been found in violation of any Section 3 requirements and shall not let any contract or subcontract unless the contractor or subcontractor has first provided Obligated Party with a preliminary statement of ability to comply with the requirements of said regulations.

DISCRIMINATION
Obligated Party must comply with the statutes and regulations prohibiting excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, religion, national origin, sex, disability, or age, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) (24 CFR Part 1); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) (24 CFR Part 8); The Fair Housing Act, as amended (42 U.S.C. 3601 et seq.) (24 CFR Parts 100 and 107); Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.); Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) (24 CFR Part 146); Executive Order 11063, as amended by Executive Order 12259 (“Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063”) (24 CFR Part 107); Section 109 of Title I of the Housing and Community Development Act of 1974 (42 USC § 5309) (24 CFR Part 6); and 24 CFR 5.105 and 24 CFR 576.407(a). Obligated Party must include a provision prohibiting such discrimination in any contracts or subcontracts for activities to which these requirements apply or could apply, and all contractors and subcontractors must comply with the applicable provision.

DISABILITIES
Obligated Party acknowledges the Contract is subject to all laws and regulations that prohibit recipients of federal funding from discriminating against individuals with disabilities, including, but not limited to, the following: Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) (24 CFR Part 8); The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.) (28 CFR Parts 35-36); the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.); the Uniform Federal Accessibility Standards in Title 24, U.S.C. and associated regulations (24 CFR Part 40); and 24 CFR 5.105 and 24 CFR 576.407(a). Obligated Party must include a provision prohibiting such discrimination in any contracts or subcontracts for activities to which these requirements apply or could apply, and all contractors and subcontractors must comply with the applicable provision.

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BUY AMERICA PREFERENCES FOR INFRASTRUCTURE PROJECTS (2 CFR Part 184) For any contracts involving construction, alteration, maintenance, or repair of any “infrastructure” as described in 2 CFR 184.4.4(d),3, 4 Obligated Party must comply with the “Buy America Preference” of the Build America, Buy America Act, included in the Infrastructure Investment and Jobs Act at division G, title IX, subtitle A, part I, sections 70911 through 70917 (Pub. L. 117-58), and implementing regulations at 2 CFR Part 184.
5 Further, Obligated Party must include the following
Buy America Preference all contracts and subcontracts under or in connection with the Contract:
“Pursuant to the Build America, Buy America Act (BABA), enacted as part of the Infrastructure Investment and Jobs Act (IIJA). Pub. L. 117-58, 41 U.S.C. § 8301 note, the Federal Financial Assistance used to fund this infrastructure project is required to apply a domestic content procurement preference (the “Buy America Preference” or “BAP”) for all construction, alteration, maintenance, or repair of infrastructure, including buildings and real property, unless application of the BAP has been waived by HUD. Additional details on fulfilling the BABA requirements can be found at https://www.hud.gov/baba.”

ENVIRONMENTAL LAWS
Obligated Party must comply with all applicable environmental standards that may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (“EO”) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.), and U.S. Environmental Protection City regulations pursuant to 40 CFR Part 50, as amended; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205); (j) Sole Source Aquifers (Environmental Protection Agency-40 CFR part 149; (k) Farmland Protection Policy Act of 1981 (7 U.S.C. § 4201, et seq.); (l) 3 Pursuant to HUD Notice CPD-25-01: CPD Implementation Guidance for the Build America, Buy America Act’s Buy America Preference, Pg.1 (https://www.hud.gov/sites/dfiles/OCHCO/documents/cpd-25-01.pdf), housing projects with five or more units will generally be considered “public” infrastructure projects that are subject to the Buy America Preference unless a waiver (general or project/product specific) or exemption (such as for disaster assistance described in 2 CFR 184.8) applies. Land acquisition, demolition, planning, capacity building, program administration, public services, training, counseling, and short-term rental assistance projects generally will not be subject to the Buy America Preference unless materials or supplies are acquired and used for or incorporated into an infrastructure project. 4 HUD considers a “project” to include all related activities consistent with 24 CFR Part 58. See HUD FAQ ID 4255 (https://www.hudexchange.info/faqs/4255/what-is-a-project). 5 The Buy America Preference will apply to (i) any construction materials listed in 2 CFR 184.3 for HUD awards made beginning in fiscal year 2024 and (ii) construction materials not listed in 2 CFR 184.3 and manufactured products for HUD awards made beginning in fiscal year 2025.

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Farmland Protection Policy (Department of Agriculture-7 CFR part 658); (m) applicable criteria and standards specified in HUD environmental regulations (24 CFR Part 51) (other than the runway clear zone and clear zone notification requirement in 24 CFR 51.303(a)(3); and (n) HUD Notice 79-33, Policy Guidance to Address the Problems Posed by Toxic Chemicals and Radioactive Materials, September 10, 1979. See also 24 CFR 576.407(d) and 24 CFR Part 58. Obligated Party shall include this requirement in all contracts and subcontracts under the Contract.

UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS (2 CFR PART 200, INCLUDING ALL APPENDICES; 24 CFR 576.407(c))
Obligated Party must comply with all requirements of 2 CFR Part 200, including Appendix II, as modified by 24 CFR 576.407(c), and include the applicable provisions in any contracts executed with contractors or subcontractors in connection with the Contract. All contractors and subcontractors must comply with the applicable provisions of 2 CFR Part 200, including, but not limited to, the following:

REMEDIES (2 CFR PART 200, APPENDIX II(A))
The administrative, contractual, or legal remedies in the Contract and ESG regulations apply when the Obligated Party defaults, violates, or breaches the Contract.

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2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all of the rules, regulations, and relevant orders of the Secretary of Labor.
6) The contractor will furnish all information and reports required by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts, and such other sanctions may be imposed and remedies invoked by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

Obligated Party further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

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Obligated Party agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.

DAVIS-BACON ACT (2 CFR Part 200, Appendix II(D))
Under the ESG program, the requirements of the Davis-Bacon Act (40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708) and regulations at 29 CFR Part 5 do not apply and such requirements are not expected to apply to the Contract.

Obligated Party shall insert, or cause or require to be inserted, in full in all applicable contracts a provision requiring compliance with the Copeland “Anti-Kickback” Act meeting the requirements of 2 CFR Part 200, Appendix II(D). Obligated Party shall notify the Pass-Through Entity of any suspected or reported violations of these requirements. Obligated Party shall be responsible for the compliance by any contractor or subcontractor with these requirements. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor or subcontractor as provided in 29 U.S.C. § 5.12.

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Obligated Party shall insert, or cause or require to be inserted, in full in all applicable contracts a provision requiring compliance with the Contract Work Hours and Safety Standards Act meeting the requirements of 2 CFR Part 200, Appendix II(E). Obligated Party, or contractor, as applicable, must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.

Obligated Party agrees to report each violation of the Clean Air Act or Federal Water Pollution Control Act to the Pass-Through Entity and understands and agrees that the Pass-Through Entity will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency and the appropriate Environmental Protection Agency Regional Office.

DEBARMENT / SUSPENSION AND VOLUNTARY EXCLUSION (2 CFR Part 200, Appendix II (H); 2 CFR Part 180; 2 CFR Part 2424; 24 CFR Part 5)
Obligated Party, for itself and its principals, warrants it is eligible or otherwise not disqualified or prohibited from participation in federal or state assistance programs. Obligated Party must verify that all contractors and subcontractors performing work under the Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Obligated Party further must notify the Pass-Through Entity in writing immediately if Obligated Party or its contractors or subcontractors are not in compliance with this paragraph during the term of the Contract. If it is later determined that Obligated Party did not comply with this paragraph, the Pass- Through Entity or the Federal Government may pursue any and all available remedies (which shall be cumulative and not exclusive), including, but not limited to, suspension and/or debarment of Obligated Party or its contractors or subcontractors.

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55600.00203\43139736.2
BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. § 1352; 2 CFR 200.450; 2 CFR PART 200, APPENDIX II(I); 24 CFR PART 87, APPENDIX A)
Obligated Party must comply with the applicable requirements of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352), 2 CFR 200.450, and 24 CFR Part 87.

The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

See Executive Order 14057, section 101, Policy.

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55600.00203\43139736.2
Contract. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Obligated Party shall include the substance of this section, including this paragraph, in all contracts and subcontracts.

For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

To the extent the Contract is an infrastructure project, Obligated Party must implement the Buy America preferences set forth in 2 CFR Part 184.

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55600.00203\43139736.2
U.S.C 3729-3733) potentially affecting the Federal award funding all or part of the Contract.

CONTRACTING WITH SMALL BUSINESSES, MINORITY BUSINESSES, WOMEN’S

Record Retention and Access; Reports (2 CFR 200.332(b)(5) and 200.334-.338; 24 CFR 576.500(y)). Subject to and in accordance with the requirements set forth in 2 C.F.R. Part 200 (including particularly 2 C.F.R. Part 200, Subpart D) and any applicable guidance from HUD, provided in the event of litigation, claim, or audit, the records must be retained until all litigation, claims, and audit findings involving the records have been fully resolved, records shall be maintained by Obligated Party as required under 24 C.F.R. §576.500(y) for the greater of (i) five (5) years or (ii) the following:
a. Documentation of each program participant’s qualification as a family or individual at risk of homelessness or as a homeless family or individual and other program participant records must be retained for five (5) years after the expenditure of all funds from the grant under which the program participant was served; b. Where ESG funds are used to rehabilitate or convert a building into an emergency shelter and the costs charged to the award for the rehabilitation or conversion exceed

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55600.00203\43139736.2
seventy-five percent (75%) of the value of the building before rehabilitation or after conversion, records must be retained until ten (10) years after the date that ESG funds are first obligated for the rehabilitation or conversion.

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55600.00203\43139736.2
Exhibit D
Emergency Services Grant Written Standards

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55600.00203\43139736.2
Exhibit E
Project Budget

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55600.00203\43139736.2
Exhibit F
City’s Conflict of Interest Policy

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55600.00203\43139736.2
Exhibit G
City’s Insurance Requirements and Certificate of Insurance

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55600.00203\43139736.2
[Exhibit H]
[ESG Property Standards]

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55600.00203\43139736.2
[Exhibit I]
[ESG Rapid Re-Housing - VAWA Lease Addendum Lease Addendum]

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55600.00203\43139736.2
[Exhibit J]
[HMIS Compliance Report Form]

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55600.00203\43139736.2
[Exhibit K]
[Affirmative Outreach Policy and Procedures

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SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3920765
Vanessa Alvarado

CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401

HRG - NOTICE OF HEARING
Public Hearing Notice Annual Action Plan 2025-26_ENGLISH I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
05/01/2025
05/01/2025

SAN BERNARDINO
!A000007100992!
Email
NNOTICE OF 30--DDAY PUBLIC

CCOMMENT PERIOD AND

INITIAL PUBLIC HEARING
DATE, JUNE 4, 2025, FOR THE
DRAFT 2025-2029 Consolidated
Plan and FISCAL YEAR 2025-2026

ANNUAL ACTION

TO BE HELD BY THE CITY OF

SAN BERNARDINO
NOTICE IS HEREBY GIVEN that
the City of San Bernardino has
prepared a draft 2025-2029
Consolidated Plan (ConPlan),
FY2025-2026 Annual Action Plan
(AAP), and Analysis of
Impediments (AI) for Fair Housing
Choice as required by the U.S.

Department of Housing and Urban
Development (HUD). Two public
hearings will be held: W
Wednesday,
June 4, 2025, and Wednesday, June
18, 2025, at 5:00 p.m. at Feldheym
Public Library at 555 West 6 th Street,
San Bernardino, CA 92410.

The City of San Bernardino is an
entitlement jurisdiction that
receives Community Development
Block Grant (CDBG), HOME
Investment Partnerships, and
Emergency Solutions Grant (ESG)
funds directly from the U.S.

Department of Housing and Urban
Development (HUD). The City, over
the next 5 years, anticipates
receiving approximately $20.5
million in CDBG, HOME and ESG
funds. The City estimates $4 million
in HUD funding in year 1 of the
ConPlan.

The purpose of the hearings is to
provide public comments to the City
of San Bernardino's 2025-2029
ConPlan and 2025-2026 Draft AAP. In
conformance with the City's Public
Participation Plan, the City will be
holding two public hearings. The
purpose of the hearings is to provide
information on prior
accomplishments and to hear from
residents and stakeholders on the
needs of the City's low-to-moderate
income residents with regard to
infrastructure, services, and
housing.

The funding amounts listed in the
FY2025-2026 AAP are based on
estimates and are subject to change
once HUD announces the final grant
amounts. When the actual
allocations are received, the City
will adjust the ConPlan and final
FY2025-2026 AAP documents to
match final FY 2025-2026 allocation
accordingly. The following services
and community development
activities are expected to receive
funding based on these estimated
amounts, and final awards will be
adjusted proportionally (pro-rata) to
match the final HUD allocation:

Public Services

1. CDBG

Packet Page. 347
a. Inland Fair Housing Mediation
Board (IFHMB), $80,000
b. San Bernardino Police
Department, $196,912
c. Cedar House, $25,000
d. Pearl Transit, $60,000
e. Whole Person Care Clinic
(WPCC), $50,000
2 2. ESG
a. The Salvation Army, $250,000
b. Family Services Association of
Redlands, $45,500
Public Facilities

3. CDBG
a. San Bernardino HOPE Campus,
$1,096,176
Housing

4. HOME
a. Jamboree Project, $1,044,187
Copies of the draft the ConPlan and
FY 2025-2026 AAP will be available
for public review, beginning
Thursday, M
May 1, 2025, and up to
and including WWednesday June 4,
2025, on the City's website and at the
following location:

1. City of San Bernardino
Community Development & Housing
Department at 290 North D Street,
San Bernardino, CA 92401; or

2. City of San Bernardino, Office of
the City Clerk at 201 North E Street,
Building 201A, San Bernardino, CA
92401; or

3.The City's webpage:
https://www.sbcity.org/196/Commun
ity-Development-Housing
All written comments related to this
ConPlan and AAP must be
submitted no later than 9:00 a.m. on
Tuesday, June 3, 2025, to:

City of San Bernardino Email:
[email protected]
Community Development and
Housing Department
290 North D Street
San Bernardino, CA 92401
SPECIAL ACCOMODATIONS: For
persons needing special
accommodations to access the
virtual meetings, please contact the
City Clerk at 909-384-5002.
5/1/25
SBS-3920765#

Packet Page. 348

Packet Page. 349

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 18, 2025
To: Honorable Mayor and City Council Members
From: Telicia Lopez, Acting City Clerk
Department: City Clerk
Subject: Approval of Various Mayor and City Council Meeting Minutes (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:

1. March 6, 2024 Regular/Special Meeting Draft Minutes

2. May 22, 2024 Regular Meeting Draft Minutes

3. September 18, 2024 Regular Meeting Draft Minutes

4. October 2, 2024 Regular Meeting Draft Minutes
Click or tap here to enter text.

Click or tap here to enter text.

Packet Page. 350
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes
For the
Special Meeting and 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, 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, MARCH 6, 2024
5:00 PM
The Special Meeting was called to order at 5:06 PM by Mayor Helen Tran on Wednesday, March 6, 2024, at Feldheym Central Library, San Bernardino, CA.

Call to Order
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem,, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles A. Montoya City Manager Present
Sonia Carvalho City Attorney Present
Telicia Lopez Chief Deputy City Clerk Present
Perla Lopez Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

Packet Page. 351
Special/Regular Meeting Draft Minutes March 6, 2024
Mayor and City Council of the City of San Bernardino Page 2 5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE
James Grant of Soldier for Christ Church led the invocation and Azayali Quevedo-Donis from Davidson Elementary School led the Pledge of Allegiance to the Flag.

PRESENTATIONS

1. Presentation of the 2023-24 Mr. and Miss Cardinal City San Bernardino High School Court
Mayor Tran announced that due to unforeseen circumstances the court would be unable to attend the meeting and the item was being pulled.

PUBLIC COMMENT FOR ITEMS ON THE SPECIAL MEETING ONLY
Georgia L. spoke on the budget changes in the Animal Services Department and the animal shelter.

Sharon Negrete spoke on the salary increase for the Animal Services Department and the animal shelter's needs.

CITY MANAGER UPDATE
Cory Hodges, Senior Management Analyst provided city wide updates. Highlights included the new kitchen at 5 th Street Senior Center, Chubzies Burgers grand opening, new hotel Home 2 Suites grand opening, Bryce Hanes Park beautification, and the City’s broadband survey.

At this time there was one additional public comment.

Treasure Ortiz spoke on Closed Session Item A, in opposition of the claims being made and asked the Mayor and City Council not to make Steve Carrigan the City’s problem.

CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion.

City Manager Montoya announced staff would be pulling item No. 10.

Councilmember Ibarra left the dais at 5:20 p.m., prior to the vote being taken for the Consent Calendar.

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS
NO.13, NO. 15, AND NO. 16 FOR A SEPARATE VOTE [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

Packet Page. 352
Special/Regular Meeting Draft Minutes March 6, 2024
Mayor and City Council of the City of San Bernardino Page 3

2. Review of Administrative Budget Transfers (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget transfers from July 1, 2023 through December 31, 2023.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

3. Approving Job Classifications and Amending the City-wide Salary Schedule
Recommendation:

It is recommended that the Mayor and City Council adopt Resolution No. 2024-037 of the Mayor and City Council of the City of San Bernardino, California:

1. Amending the Director of Animal Services (U) salary.

2. Amending the Shelter Veterinarian salary;

3. Establishing the Homeless Solutions Manager job classification;

4. Establishing the Homeless Services Assistant job classification;

5. Authorizing the City Manager or their designee to add two (2) FTE for Fiscal Year 2023/24;

6. Amending the City-Wide Salary Schedule for full time, part-time, temporary, and seasonal positions
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

4. TPX Wide Area Network (WAN) Relocation from 300N “D” Street Basement to 201B N “E” Street
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager to approve the Service Agreement with TPX to relocate the Wide Area Network (WAN) Circuits from 300 N ”D” Street basement to 201B N ”E” Street 3rd floor computer room in preparation for the City Hall Building Renovation Project.

Packet Page. 353
Special/Regular Meeting Draft Minutes March 6, 2024
Mayor and City Council of the City of San Bernardino Page 4

5. California Library Connect Grant Award Recognition
(Ward 1)
Recommendation:

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

1. Adopt Resolution No. 2024 -039 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance & Management Services to amend and appropriate the $19,709.06 California Library Connect Grant Award in both revenues and expenditures to the Fiscal Year 2023-2024 Operating Budget; and

2. Approve the purchase of a new Juniper MX204 router or equivalent from CENIC, as described in the grant application.

RESULT: ADOPTED RESOLUTION NO. 2024-039 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

6. Application and Acceptance of Lunch at the Library Grant Award (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024 -038 of the Mayor and City Council of the City of San Bernardino, California authorizing the Director of Finance & Management Services to amend and appropriate $8,900 in both revenues and expenditures to the Fiscal Year 2023 – 2024 Operating Budget.

RESULT: ADOPTED RESOLUTION NO. 2024-038 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

Packet Page. 354
Special/Regular Meeting Draft Minutes March 6, 2024
Mayor and City Council of the City of San Bernardino Page 5

7. Budget Amendment FY 24, Recreatio n and Community Services for the Sponsorship of the 2024 Lunar New Year ($38,450.00) in Revenue and Expense budget allocations
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024 -040 authorizing the Director of Finance to amend the FY2023/24 the budget in revenue and expenditures by $38,450 for the sponsorship payments received to support the Lunar New Year Event.

RESULT: ADOPTED RESOLUTION NO. 2024-040 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

8. Budget Amendment FY 24, Recreation and Community Services for the CSUSB Reservation payment and NCAA invoice payment ($92,780) in Revenue and Expense budget allocations
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-041 authorizing the Director of Finance and Administrative Services to approve the revenue and expense budget allocations of $92,780 respectively for the payment of the California State University San Bernardino (CSUSB) field and facility reservation for Fiscalini Field 2018 -2023 seasons ($87,500) and the 2023 season NCAA World Series Tournament ($5,280).

RESULT: ADOPTED RESOLUTION NO. 2024-041 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

Packet Page. 355
Special/Regular Meeting Draft Minutes March 6, 2024
Mayor and City Council of the City of San Bernardino Page 6

9. Agreement with FileOnQ Incorporated, and Issue a Purchase Order (All Wards)
Recommendation:

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

1. The City Manager or designee to execute a Professional Services Agreement with FileOnQ Incorporated.

2. The Director of Finance and Management Services to issue a purchase order to FileOnQ Incorporated in an amount not to exceed $253,153.84.

10. Amendment No. 1 to Agreement with RHA Landscape Architects – Planners Inc. for Seccombe Lake Park Design Services (Ward 1)
Recommendation:

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

1. Approve Amendment No. 1 to the Agreement with RHA Landscape Architects – Planners Inc. in the amount of $26,000 for Nicholson Neighborhood Park Improvements (Project); and

2. Authorize project contingencies in the total amount of $27,000 for design of the Project; and

3. Authorize the City Manager or designee to execute all documents with RHA Landscape Architects – Planners Inc.; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

5. Renew the term of the agreement to September 21, 2024.

6. If necessary, authorize the City Manager to renew the term of the agreement for up to two additional one-year terms.

ITEM PULLED BY STAFF, NO ACTION WAS TAKEN.

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Special/Regular Meeting Draft Minutes March 6, 2024
Mayor and City Council of the City of San Bernardino Page 7

11. Amendment No. 1 to Agreement with IDS Group Inc. for Speicher Memorial Park Design Services (Ward 2)
Recommendation:

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

1. Approve Amendment No. 1 to the Agreement with IDS Group Inc. in the amount of $209,179 for Speicher Memorial Park Improvements (Project); and

2. Authorize the project contingencies in the total amount of $39,000 for design of the Project; and

3. Authorize the City Manager or designee to execute all documents with IDS Group, Inc.; and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

12. Arrowhead Grove Phase IV Affordable Housing Project Conditional Funding Commitment (Ward 2)
Recommendation:

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

1. Adopt Resolution No. 2024-036 of the Mayor and City Council of the CIty of San Bernardino, California, approving a Conditional Funding Commitment for Arrowhead Grove Phase IV, and affordable housing project; and

2. Authorize the City Manager, or designee, to take any further actions and execute any further agreements or documents as necessary including minor and substantive changes.

RESULT: ADOPTED RESOLUTION NO. 2024-036 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: Sandra Ibarra

Packet Page. 357
Special/Regular Meeting Draft Minutes March 6, 2024
Mayor and City Council of the City of San Bernardino Page 8

13. Approve Professional Agreement for Motel Voucher Program (All Wards) Recommendation:

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

1. Approve the Professional Service Agreement with Anand Patel (Pa -An, Inc., Namaste Sitiye Inc., and SB Hotel North LLC) for the provision of motel rooms ranging from 55 rooms (minimum) to 121 rooms (maximum) for a total amount not to exceed $2,751,840 and for a term beginning March 11, 2024, through March 10, 2025; and

2. Reallocate unspent Permanent Local Housing Allocation (PLHA) funds to the Motel Voucher Program in the amount of $327,591; and

3. Authorize the City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the implementation of the Motel Voucher Program.

Council Member Ibarra returned to the dais at 5:28 p.m. for the discussion and voted on item No. 13.

Council Member Calvin pulled this item for discussion.

Council Member Calvin expressed concern about the hotel status with code enforcement violations and if they were up to date with their business license. City Manager Montoya advised that he would report back to the Mayor and City Council if the hotels were in good standing.

Council Member Sanchez asked staff about the cost and how the voucher would help meet the bed requirements.

City Attorney Sonia Carvalho explained this is a short-term fix to be able to do clean- ups.

Council Member Sanchez referenced the case law that the motel voucher would not help and spending $2.5 million would not get the city closer to the no camping rule. He suggested using the money for the navigation center and bringing this item back to the next meeting, explaining how the motel voucher would help.

City Attorney Sonia Carvalho encouraged City Council to have something in place to do clean-ups in the city, whether it is a permanent navigation center, low barrier shelter, tent, or hotel voucher.

Deputy Director of Housing and Homelessness Cassandra Searcy explained the $1.1 million for the motel vouchers is from the Permanent Local Housing Allocation Program (PLHA), and the state allocated this fund for the motel vouchers. If the funding is not used, the city will lose the funding, and the deadline is March 15, 2023.

Council Member Alexander asked about the status of the previous motel voucher program.

Deputy Director of Housing and Homelessness Cassandra Searcy explained that this program is an interim for shelter, and the previous motel voucher program has been permanently paused. The motels were outside of city limits, the city was encouraged not to move forward with one motel, and the other motel only had 24 rooms available.

Council Member Calvin asked about the contract service provider for the wraparound services and if the fees are also part of the Permanent Local Housing Allocation Program (PLHA) funding. Deputy Director of Housing and Homelessness Cassandra

Packet Page. 358
Special/Regular Meeting Draft Minutes March 6, 2024
Mayor and City Council of the City of San Bernardino Page 9 Searcy explained that the city is working with Hope the Mission, and they have a Memorandum of Understanding agreement with the Pair Team and the funding from California Advancing and Innovating Medi-Cal (Cal AIM) reimbursement.

Council Member Ibarra expressed concern regarding using the funding for motel vouchers. She would prefer to have a special meeting to bring back the item and receive an update on the navigation center.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: Sandra Ibarra

14. Accept 2022 Homeland Security Grant (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Resolution No 2024-042:

1. Authorizing the acceptance of the 2022 Homeland Security Grant Program funds and

2. Amending the Fiscal Year 2023/24 Adopted Budget revenue and expenditures by $38,521.

15. Round Two American Rescue Plan Act-Funded Small Business Grant Program (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the remaining $425,000 for small business grants of $2,500 and $5,000.

Council Member Alexander pulled this item for discussion.

Council Member Alexander expressed that the current staff recommendation was not what the council had approved during the first phase of funding.

Assistant City Manager Edelia Eveland stated that the staff did not change the direction and that the staff is bringing forward a recommendation.

Council Member Alexander made a motion to change the recommendation to issue a small business grant of $10,000 to businesses with an annual gross income of $50,000 or more and $5,000 to businesses with an annual gross income under $50,000.

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Mayor and City Council of the City of San Bernardino Page 10 RESULT: APPROVED THE ISSUANCE OF SMALL BUSINESS GRANTS OF $10,000 TO BUSINESSES WITH ANNUAL GROSS INCOME OF
$50,000 OR MORE AND $5,000 TO BUSINESSES WITH ANNUAL
GROSS INCOME UNDER $50,000 [7-0]
MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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16. Amendment No. 4 to the Lease Agreement with Vanir Tower Building Inc. (Ward 1)
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. 4 to the Lease Agreement with Vanir Tower Building, Inc., for 290 North D Street, San Bernardino, California; increasing the rental space to include Suite 101B, extending the Lease Agreement through June 30, 2026, and authorizing the Director of Finance and Management Services to amend the FY 2023/24 Operating Budget in the amount of $139,736 to support the costs associated with increasing the rental space with Vanir Tower Building, Inc.

Council Member Sanchez pulled the item to ask staff a question.

Council Member Sanchez asked staff, who will be in the office space? Deputy City Manager Susie Soren responded that Human Resources Benefit and Recruitment Division and Finance department would occupy the space.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander The Mayor and City Council convened into Closed Session at 6:12 p.m.

CLOSED SESSION
A) Closed Session
Recommendation:

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):

Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim No.

GHC0065668

CLOSED SESSION REPORT
City Attorney, Sonia Carvalho announced there was no reportable action from Closed Session.

SPECIAL MEETING ADJOURNMENT
The Special Meeting of the Mayor and City Council was adjourned on Wednesday, March 6, 2024 , at 7:07 p.m. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the Regular Meeting on March 6, 2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. The Regular Meeting will begin at 7:00 p.m.

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Mayor and City Council of the City of San Bernardino Page 12 7:00 P.M.

The Regular Meeting was called to order at 7:04 PM by Mayor Helen Tran on Wednesday, March 6, 2024, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER REGULAR MEETING
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
City Manager Charles A. Montoya
City Attorney Sonia Carvalho
Chief Deputy City Clerk Telicia Lopez
Council Member Shorett arrived at 7:06 p.m.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Gregory Taylor spoke about the potholes and trash throughout the city and asked the Mayor and City Council to do more for the residents and the city.

Rickey Brown spoke on the University Hill housing project and the amount of traffic this project has caused.

Dolores Armstead spoke on the election results, low voter turnout, and those who complain about the city not voting.

Al Palazzo spoke on his vision tour for the city.

Gina Mirelez, President, and founder of Mexican American Mothers Advocating for Students, spoke about her problem with the Police Department not responding to an incident that occurred in her neighborhood.

Georgia L. spoke about the spay and neutering events, lack of notification to the citizens, the Animal Service Commission meetings being canceled, and the importance of the role of the commissioners.

Treasure Ortiz talked about several meetings the City Manager had without the City Council knowing and asked the Mayor and City Council to do more for the citizens.

Hayward Jackson shared about fellowship and read a scripture from the bible.

Sharon Negrete spoke on the Trap Neuter Release program that the city needs.

Ben Salgado, Vice President of the KKC Little League, asked the Mayor and City Council to help the kids in the city's west side.

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Mayor and City Council of the City of San Bernardino Page 13 Sherry Whitfield spoke on the city’s curse and expressed her embarrassment at the amount of trash, debris, and potholes the city has.

Luis Soto spoke in support of Item 1.

Selina Maldonado spoke about the number of animals that are on the euthanasia list, the agreement with surrounding cities, and allocating the grants received to upgrading the animal shelter.

Gloria Maquinaley addressed the conditions of the KKC baseball field and asked the Mayor and City Council for help getting the field fixed.

Michael Chavez asked the Mayor and City Council to help restore the KKC baseball field.

James Smith thanked the Council for their service and the community for voting no on Measure W. He also spoke about the new officers for the Arts and Historical Preservation Commission.

Jose Cisneros spoke on the bad conditions of the KKC Little League baseball field and the importance of sports for youth.

Less spoke about the City Manager, City Attorney, and Council Members.

Luis Ojeda spoke about the election. He expressed the difficulties trucks and truck drivers go through in the city. Lastly, he said the SB Food Fest will not happen in May.

At 8:01 p.m., Mayor Tran paused Public Comment and re-ordered the meeting proceeding to Public Hearings, Items No. 3 through Item No. 9.

PUBLIC HEARING

3. Resolution Approving Street Vacation (15.30 -440) of a Portion along 9th Street and Tippecanoe Avenue and Reservation of Utilities Therein (Ward 1) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-053 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion along 9th Street and Tippecanoe Avenue, and reservation of utilities therein.

Mayor Tran opened the public hearing at 8:01 p.m.

The staff presentation was provided by Josh Dramitinos, Deputy Director of Economic Development.

There was one public speaker for this hearing.

Walt Ferar expressed concerns about the warehouse removing the sidewalk and the bad condition of Tippecanoe Avenue.

The public hearing was closed at 8:06 p.m.

Council Member Alexander asked staff to inform the Mayor and City Council if the developer will add sidewalks and repair the street.

Council Member Ibarra also expressed concerns about having an elementary school near the warehouse.

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Mayor and City Council of the City of San Bernardino Page 14 RESULT: ADOPTED RESOLUTION NO. 2024-053 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Council Member Shorett and Council Member Figueroa left the dais at 8:06 p.m.

4. Resolution Approving Street Vacation (15.30 -437) of a Portion of Harris Street Between North “I” Street and “J” Street and South of West 9th Street and Reservation of Utilities Therein (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024 -051 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Harris Street between North “I” Street and “J” Street and south of West 9th Street, and reservation of utilities therein.

Mayor Tran opened the public hearing at 8:10 p.m.

The staff presentation was provided by Josh Dramitinos, Deputy Director of Economic Development.

There were no public speakers for this hearing.

The public hearing was closed at 8:12 p.m.

Council Member Figueroa returned at 8:13 p.m.

RESULT: ADOPTED RESOLUTION NO. 2024-051 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Fred Shorett

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5. Resolution Approving Street Vacation (15.30 -439) of a Portion Broadway Avenue East of N “J” Street and North of Main Street and Reservation of Utilities Therein (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024 -052 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion Broadway Avenue East of N “J” Street and North of Main Street, and reservation of utilities therein.

Mayor Tran opened the public hearing at 8:13 p.m.

The staff presentation was provided by Josh Dramitinos, Deputy Director of Economic Development.

There were no public speakers for this hearing.

The public hearing was closed at 8:14 p.m.

Council member Shorett returned at 8:13 p.m.

RESULT: ADOPTED RESOLUTION NO. 2024-052 [7-0]
MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

6. Public Hearing on Annexation No. 39 to Community Facilities District 2019 -1 (Ward 1)
Recommendation:

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2024 -043 of the Mayor and City Council of the City of San Bernardino, California, 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 (Maintenance Services) (Annexation No. 39); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2024 -044 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019 - 1 (Maintenance Services) (Annexation No. 39); and

5. Introduce, read by title only, and waive further reading of Ordinance No.

MC-1630 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 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); and

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6. Schedule the adoption of Ordinance No. MC-1630 for March 20, 2024.

Mayor Tran opened the public hearing at 8:15 p.m.

The City Council did not wish to hear the presentation.

There were no requests to speak for this hearing.

Chief Deputy City Clerk Telicia Lopez announced there were zero written protests.

The public hearing was closed at 8:16 p.m.

RESULT: ADOPTED RESOLUTION NO. 2024-043 [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: ADOPTED RESOLUTION NO. 2024-044 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1630 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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7. Public Hearing on Annexation No. 40 to Community Facilities District 2019 -1 (Ward 5)
Recommendation:

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

1. Hold a Public Hearing ; and

2. Adopt Resolution No. 2024 -045 of the Mayor and City Council of the City of San Bernardino, California, 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 (Maintenance Services) (Annexation No. 40); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2024 -046 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019 - 1 (Maintenance Services) (Annexation No. 40); and

5. Introduce, read by title only, and waive further reading of Ordinance No.

MC-1631 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 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); and

6. Schedule the adoption of Ordinance No. MC-1631 for March 20, 2024.

Mayor Tran opened the public hearing at 8:19 p.m.

The City Council did not wish to hear the presentation.

There were no requests to speak for this hearing.

Chief Deputy City Clerk Telicia Lopez announced there were zero written protests.

The public hearing was closed at 8:21 p.m.

RESULT: ADOPTED RESOLUTION NO. 2024-045 [7-0]
MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: ADOPTED RESOLUTION NO. 2024-046 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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Mayor and City Council of the City of San Bernardino Page 18 RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1631 [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

8. Public Hearing on Annexation No. 41 to Community Facilities District 2019 -1 (Ward 1)
Recommendation:

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

1. Hold a Public Hearing ; and

2. Adopt Resolution No. 2024 -047 of the Mayor and City Council of the City of San Bernardino, California, 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 (Maintenance Services) (Annexation No. 41); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2024 -048 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019 - 1 (Maintenance Services) (Annexation No. 41); and

5. Introduce, read by title only, and waive further reading of Ordinance No.

MC-1632 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 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); and

6. Schedule the adoption of Ordinance No. MC-1632 for March 20, 2024.

Mayor Tran opened the public hearing at 8:24 p.m.

The City Council did not wish to hear the presentation.

There was one request to speak for this hearing.

David Freidman, owner of the land, spoke in favor of this item. He thanked the Mayor, City Council, and staff for their support of the Fifth Street Gateway project.

Chief Deputy City Clerk Telicia Lopez announced there were zero written protests.

The public hearing was closed at 8:26 p.m.

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Mayor and City Council of the City of San Bernardino Page 19 RESULT: ADOPTED RESOLUTION NO. 2024-047 [7-0]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: ADOPTED RESOLUTION NO. 2024-048 [7-0]
MOVER: Damon L. Alexander, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1632 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin

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9. Public Hearing on Annexation No. 38 to Community Facilities District 2019 -1 (Ward 1)
Recommendation:

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

1. Hold a Public Hearing ; and

2. Adopt Resolution No. 2024 -049 of the Mayor and City Council of the City of San Bernardino, California, 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 (Maintenance Services) (Annexation No. 38); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2024 -050 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019 - 1 (Maintenance Services) (Annexation No. 38); and

5. Introduce, read by title only, and waive further reading of Ordinance No.

MC-1633 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 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); and

6. Schedule the adoption of Ordinance No. MC-1633 for March 20, 2024 Council Member Calvin left the dais at 8:24 p.m.

Mayor Tran opened the public hearing at 8:29 p.m.

The City Council did not wish to hear the presentation.

There were no requests to speak for this hearing.

Chief Deputy City Clerk Telicia Lopez announced there were zero written protests.

The public hearing was closed at 8:30 p.m.

RESULT: ADOPTED RESOLUTION NO. 2024-049 [6-0]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander ABSENT: Kimberly Calvin
Council Member Calvin returned at 8:28 p.m.

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Mayor and City Council of the City of San Bernardino Page 21 RESULT: ADOPTED RESOLUTION NO. 2024-050 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1633 [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander At this time, the Mayor and City Council resumed public comments.

Lydia Savala asked why the constituents are not notified regarding the low cost of spay neuter services on City premises by Paw Mission.

Carmen Gallegos suggested all the animals in the city should have free licensing.

Ron Shield thanked the Police Department Community Outreach and Support Team (COAST) Program, which saved his life.

Junior Carrillo congratulated the winners of the election and thanked Council Members Reynoso, Calvin, and Alexander. He believes every person in the dais is doing the best they can for the city, and everyone deserves respect.

Chief Deputy City Clerk Telicia Lopez then read the following written comment into the record, per ADA accommodation:

Tim Dorame expressed concern regarding Council Member Shorett's comments in the previous meeting, and he supported Treasure Ortiz for City Council.

CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion.

RESULT: APPROVED THE CONSENT CALENDAR [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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1. Adoption of Ordinance No. MC -1627 Approving Development Code Amendment 24-01 (2021-2029 Housing Element)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC -1627 approving Development Code Amendment 24 -01 changing the Zoning District Classification of specific parcels to meet the City’s Regional House Needs Allocation (RHNA), pursuant to the Addendum to Final Environmental Impact Report (SCH No. 2004111132).

RESULT: ADOPTED OF ORDINANCE NO. MC-1627 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

2. Adoption of Ordinance No. MC-1629 Approving Development Code Amendment 23- 03 (Density Bonus)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC -1629 approving Development Code Amendment 23 -03 amending Chapter 19.04 (Residential Zones) Section

19.04.030 (Density Bonus) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the Density Bonus section in compliance with State law; and finding that Development Code Amendment 23 -03 is exempt from review under the California Environmental Quality Act.

RESULT: ADOPTED OF ORDINANCE NO. MC-1629 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included the postponement of the ribbon cutting for the mobile pet clinic to March 19 th, The annual eggstravaganza to be held on March 23 rd, regional meeting for homeless, neighborhood meetings, the opening of Chubzies Burgers, Dignity Health Improvement Award, State of Woman in honor of women’s history month, Cultural Foundation Award honoring community leaders, The National League of Cities Conference in Washington DC from March 11
th through 13th.

The Mayor and City Council adjourned the meeting with a moment of silence in honor of Bill Cary community member and business owner.

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ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, March 6, 2024, at 8:59 p.m. The meeting of the Mayor and City Council will adjourn to a Regular meeting to be held on Wednesday, March 20, 2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:00 p.m. and the Open Session will begin at 7:00 p.m.

By: Telicia Lopez
Telicia Lopez, CMC, Acting City Clerk

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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes
For the
Special 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, 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 22, 2024
6:30 PM
The Special Meeting was called to order at 6:32 PM by Mayor Helen Tran on Wednesday, May 22, 2024, at Feldheym Central Library, San Bernardino, CA.

Call to Order
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Via Zoom Late 6:38 PM Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Jason Baltimore Assistant City Attorney Present
Genoveva Rocha City Clerk Present
Telicia Lopez Chief Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

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Mayor and City Council of the City of San Bernardino Page 2 6:30 P.M.

PLEDGE OF ALLEGIANCE
Council Member Ben Reynoso led the Pledge of Allegiance to the Flag.

PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
Treasure Ortiz spoke about public comments made by former employee Barbara Whitehorn, the community's displeasure with the City Manager (CM), and believed the CM had been dishonest with the council and citizens. She requested termination with cause and wanted the CM recruitment to be reopened.

L’Rea Robinson addressed the former employee's comments, criticized the CM for not working for the Council, quoted Maya Angelou, and supported the CM's termination.

Rikke Van Johnson discussed a meeting where citizens highlighted red flags about the CM, noted the confusion caused by the hiring process, and called for reinstating the Finance Director and completing an audit. He acknowledged Treasure Ortiz’s efforts to speak on city issues.

Al Palazzo supported terminating the CM and emphasized the need for a visionary CM, who avoids micromanagement and brings bold ideas. He advocated for selecting an internal candidate and not using a recruitment firm.

Sarah called for an investigation into how Jim Penman learned about the Special Meeting in advance, spoke on Barbara Whitehorn’s dismissal, and stressed the importance of the city's success. She requested termination of the CM with cause and expressed concern about the city’s negative image.

Dolores Armstead referenced Director Whitehorn’s comments, the CM’s history of terminations at other agencies, and Penman’s early knowledge of the Special Meeting.

She advocated hiring a CM with integrity and a clean background, regardless of race.

Less discussed the problems the CM’s hiring had caused and requested an investigation into the leak of the recruitment to the first candidate’s employer. He supported the CM’s termination.

Cheryl Brown read a statement on behalf of Hardy Brown (present at the meeting) Mr.

Brown expressed displeasure with CM Montoya for causing confusion and being dishonest. He referenced the City Attorney’s Office comments on the Manager-Council form of government, the termination of the Finance Director, and urged reinstating Barbara Whitehorn.

Cheryl Brown requested the termination of the City Attorney and CM Montoya, and spoke in favor of having someone like Whitehorn to manage finances and prevent bankruptcy.

Luis Ojeda addressed the audience and cited a remark from Treasure Ortiz. He spoke in displeasure of elected officials forgetting their duties, and expressed his continued commitment to the city, and wanted a local CM hired after terminating the current one.

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Mayor and City Council of the City of San Bernardino Page 3 Harry Hatch explained the Council's legal duty to protect city funds, mentioned Whitehorn’s awards, her termination, and the need for audits. He called for a deep dive into the city’s finances.

Sofia demanded an end to corruption and termination of the CM Montoya with cause.

She wanted an investigation into who leaked meeting details to Jim Penman and questioned the staff being brought in.

Georgia L expressed disappointment about the need to terminate the CM. She wanted someone to lead the city out of crisis, supported hiring the former Finance Director, and advocated for oversight of Animal Services.

Daniel Gevanchi focused on what qualities were needed in a CM, including crisis management and ethics. He wanted someone who could implement the council’s vision without controversy. He requested the results of the “Zoom bombing” investigation and suggested using CSUSB cyber students.

Mike Hartley criticized the termination of the Finance Director, expressed that it was unjustified, and believed the CM failed to fulfill his role. He supported finding a better CM and terminating Montoya.

CLOSED SESSION

A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (PURSUANT TO GOVERNMENT CODE SECTION 54957)
Title: City Manager

B) PUBLIC EMPLOYEE PERFORMANCE DISMISSAL (PURSUANT TO
GOVERNMENT CODE SECTION 54957)
Title: City Manager

C) PUBLIC EMPLOYEE APPOINTMENT ( PURSUANT TO GOVERNMENT CODE SECTION 54957)
Title: City Manager

CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported on Item B. The City Council unanimously voted to terminate Charles Montoya’s employment contract without cause, pursuant to Section

11.7 of his agreement. On Item C, a motion was made to appoint Rochelle Clayton as temporary Acting City Manager. The motion passed 5 to 3 with Council Members Sanchez, Ibarra, and Alexander voting in opposition.

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ADJOURNMENT
The Special meeting of the Mayor and City Council was adjourned on Wednesday, May 22, 2024, at 8:50 PM.

The Mayor and City Council will adjourn to a Special Meeting to be held on Thursday, May 30, 2024, at the DoubleTree located at 285 East Hospitality Lane, San Bernardino, California 92408 at 6:00 p.m.

By:______________
Telicia Lopez, CMC, Acting City Clerk
Telicia Lopez, CMC, AcAcAcAAAAAAAAcAAAAAAAAAAA titttitttttitittitititttititttitiiitiiitittittttttiiingngngngngnn CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCiiitititiiiitiiiiiii y Packet Page. 377
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES

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, 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, SEPTEMBER 18, 2024
4:00 PM
Closed Session was called to order at 4:00 PM by Mayor Helen Tran on Wednesday, September 18, 2024, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Absent
Kimberly Calvin Council Member, Ward 6 Present
Damon L. Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Thomas Rice Assistant City Attorney Present
Genoveva Rocha City Clerk Present
Telicia Lopez Chief Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

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CLOSED SESSION PUBLIC COMMENT
There were no public comments for Closed Session.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Jaime Sanchez v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2321245
B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: Interim City Manager
C) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6)
Agency designated representatives: Mayor or other Mayor and Council designee Unrepresented employee: Acting City Manager/Interim City Manager D) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subsection (d) of Section 54956.9:
one case.
5:00 P.M.

The Regular Meeting was called to order at 5:05 PM by Viviana Frausto on behalf of Mayor Helen Tran on Wednesday, September 18, 2024, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Absent
Kimberly Calvin Council Member, Ward 6 Present
Damon L. Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Thomas Rice City Attorney Present
Genoveva Rocha City Clerk Present
Telicia Lopez Chief Deputy City Clerk Present

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INVOCATION AND PLEDGE OF ALLEGIANCE
Elder Thomas Alexander from Grace Chapel of San Bernardino led the invocation, and Liliana Barajas and Viviana Frausto from Serrano Middle School led the Pledge of Allegiance.

CLOSED SESSION REPORT
Assistant City Attorney Thomas Rice reported that there was reportable action on Item D of Closed Session. The City Council voted 6 to 0, with a motion by Mayor Pro Tem Shorett, seconded by Council Member Sanchez to initiate litigation in a receivership action against the owner of 207 W 17
th Street.

At this time the agenda was re-ordered, and item No. 15 was heard.

CONSENT CALENDAR

15. Approve $750,000 Funding Agreemen t with the County of San Bernardino for Guti errez Park Field Improvements (Ward 6) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-203:

1. Authorizing the City Manager, or designee, to execute the Funding Agreement with the County of San Bernardino to receive $750,000 in County funds for Gutierrez Park baseball field improvements; and

2. Authorizing the City Manager, or designee, to conduct all additional negotiations, signings, and submittals of necessary documents to receive the County funds; and

3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenditures, and appropriate $750,000 in County funds to be used towards Gutierrez Park baseball field improvements.

RESULT: ADOPTED RESOLUTION NO. 2024-203 [6-0]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, and Alexander ABSENT: Ben Reynoso
NOES: None
At this time Supervisor Joe Baca Jr. presented a check to the Mayor and City Council for $750,000.

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PRESENTATIONS

1. Proclamation for California Native American Day in the City of San Bernardino – September 27, 2024 (All Wards)
The Mayor and City Council presented the Proclamation to Alex Smith, Field Representative for Assemblymember James Ramos (AD-45)

2. Proclamation for Inland Counties Against Hate – San Bernardino Anti-Hate Forum & United Against Hate Week in the City of San Bernardino – September 21, 2024 – September 27, 2024 (All Wards)
The Mayor and City Council presented the Proclamation to Inland Counties Anti-Hate Coalition which consists of the following members:

Anthony Noriega, Director District 5 LULAC de inland Empire; Myles Ross, President Riverside Southwest NAACP Lake Elsinore; Emily Romero, Program Coordinator, Coalition for Humane Immigrant Rights, (CHIRLA); Christopher Vasquez, Regional Field Coordinator Coalition for Humane Immigrant Rights (CHIRLA); Sabrina Gonzales, Executive Director Southern California Civil Rights Institute; GusTavo A. Guerra Vásquez, Conciliation Specialist, Wester Region U.S. Department of Justice Community Relations Service.

The San Bernardino event partners consist of the following: San Bernardino Mayor Helen Tran; Dr. Gilberto Contreras, President San Bernardino Valley College; Che Wright, First Vice-President, San Bernardino NAACP; Chache Wright. President, San Bernardino NAACP; Michael Lopez, Member of the Hispanic Small Business Coalition (HSBC) Board of Directors

PUBLIC HEARING

3. Approval of the Draft Fiscal Year 2023 -2024 Consolidated Annual Performance and Evaluation Report (CAPER) to the US Department of Housing and Urban Development (All Wards)
Recommendation:

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

1. Conduct a public hearing on the draft Fiscal Year 2023 -2024 Consolidated Annual Performance and Evaluation Report (FY23 -24 CAPER); and

2. Authorize its submission to the Uni ted States Department of Housing and Urban Development.

Mayor Tran opened the public hearing at 5:31 p.m.

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Mayor and City Council of the City of San Bernardino Page 5 Housing Manager, Trina Perez gave a presentation.

Council Member Calvin asked how the streets listed in the report were selected.

Deputy Director of Public Works Azzam Jabsheh advised that the streets are selected through an annual assessment that is ranked in order by need and distributed evenly throughout all Wards.

Council Member Sanchez added that streets must have a connection to infill housing to utilize the Community Development Block Grant (CDBG) funding.

There was one request to speak.

Dolores Armstead questioned why there were no streets from the 6 th Ward listed. She
requested an audit of the Housing and Urban Development Grant (HUD), expressing displeasure about the amount of money spent compared to the results.

The public hearing was closed at 5:38 p.m.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, and Alexander ABSENT: Ben Reynoso
NOES: None

4. Conduct a Public Hearing on New Building Code Adoption (All Wards) Recommendation:

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

1. Introduce, read by title only, Ordinance No. MC -1643 of the Mayor and City Council of the City of San Bernardino, California.

2. Conduct a Public Hearing for Ordinance No. MC -1643 of the Mayor and City Council of the City of San Bernardino, California, for September 18, 2024, adopting the new Municipal Code language and approve use of the 2022 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code.

3. Adopt Ordinance No. MC-1643 October 2, 2024.

Mayor Tran opened the public hearing at 5:39 p.m.

Director of Community Development and Housing, Gabriel Elliott gave a presentation.

Council Member Sanchez confirmed with staff that the general building code changes would affect the State rules on temporary occupancy requirements and outdated language.

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Mayor and City Council of the City of San Bernardino Page 6 Director Elliot confirmed.

There were no requests to speak.

The public hearing was closed at 5:41 p.m.

RESULT: INTRODUCED ORDINANCE NO. MC-1643 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, and Alexander ABSENT: Ben Reynoso
NOES: None

5. Appeal 24-02 of Appeal 24 -01 for Development Permit Type-D 21-18, 19, 20, and 21
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024 -145 denying Appeal 24 -02, thereby upholding the Planning Commission’s denial of Appeal 24 -01 for Development Permit Type -D 21 -18, 19, 20, and 21, which upholds the Development and Environmental Review Committee’s (DERC) adoption of the Mitigated Negative Declaration in conjunction with the approval of Development Permit Type -D 21-18, 19, 20, and 21, allowing the development and establishment of five (5) service commercial buildings totaling approximately 67,451 square feet on several APNs for a combined 4.81 acres within the Commercial Regional (CR -3) zone.

THE APPEAL FOR ITEM. NO 5 WAS WITHDRAWN BY THE APPELLANT PRIOR TO THE MEETING – NO ACTION WAS TAKEN BY THE CITY COUNCIL

CITY MANAGER UPDATE
Public Information Officer Jeff Kraus provided updates, highlights included acknowledgement of California State Un9iversity San Bernardino being ranked as #46 out of 500 schools and # 3 in the enhancement of social mobility of students, New Space for the Animal Shelter, Crooked Creek homes groundbreaking, Norton Air Force Base Environmental Protection Agency award, 28
th Annual Pow Wow, and Parks and
Recreation girls’ soccer clinic.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Al Palazzo discussed his vision for San Bernardino and his desire to assist city staff and the Mayor and City Council on improving their efforts. He requested their attendance at his seminar.

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Mayor and City Council of the City of San Bernardino Page 7 Carmen Gallegos raised concerns about drug and alcohol addiction at local stores, noting that clerks often failed to card customers. She emphasized the need for consistent carding enforcement across the city.

Mike Hartley mentioned attending a Neighborhood Association meeting where Code Enforcement Manager, Marr Christensen was present. He expressed interest in applying for an open position in Code Enforcement. He also referred to a recent church fire and highlighted code violations related to unkempt palm trees.

Desiree Sanchez from the American Civil Liberties Union (ACLU) shared details about an emergency evacuation related to the Bridge Fire and commended community advocates for their efforts with American Rescue Plan Act (ARPA) funding.

Lynne Wear, President of the Muscupiabe Neighborhood Association, introduced Shandin Hills Neighborhood Association President Erica Hernandez and spoke about an upcoming Pickle Ball tournament fundraiser at Perris Hill Park.

Georgia L. spoke in favor of mandatory spay and neutering of dogs, and in opposition to the number of euthanized dogs.

Selina M. highlighted her efforts in picking up stray dogs and spoke in opposition to incidents at the animal shelter that resulted in dog deaths.

Terry Boykins spoke about community support that helped “Terrible” Terry Washington as a youth in the city.

L’Rhea Robinson questioned the meaning of a state of emergency, expressing displeasure with the city’s approach to addressing homelessness and the lack of outreach from the Mayor and City Council to obtain community suggestions.

Crescenciano Mares spoke on his passion for homelessness issues and the need for housing, mentioning the significance of cultural cleansing.

Josiah Bruny spoke in favor of Item No. 7, the Johns Hopkins Bloomberg Center.

Mary Justice inquired about the city's plans to address homelessness.

Elizabeth Bravo spoke in support of Item No. 16 and additional funding for housing for the homeless.

Tania Gonzalez spoke in support of Item No. 16 and additional funding for housing for the homeless.

Treasure Ortiz referenced proclamations declaring homelessness an emergency and questioned the Mayor and City Council’s plans to address the issue.

Lorena Barbosa shared her personal experience with homelessness and her journey toward obtaining permanent housing.

Delores Armstead spoke in favor of cleaning up the Oxbow area and questioned the city’s downtown revitalization efforts.

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Mayor and City Council of the City of San Bernardino Page 8 Celyna Brizuela spoke in support of Item No. 16 and described the challenges of waiting for subsidized housing.

Jim Smith, from the Native Sons organization, discussed efforts to improve San Bernardino and neighboring areas.

Steven Bielak, a resident and commissioner, spoke in favor of obtaining potential state and federal funds to address the issue of homelessness in the community.

Raynesha Belving spoke in support of Item No. 16, sharing her experiences of homelessness and housing instability.

Lydia Savala expressed displeasure with dog mauling in the Animal Shelter, and the need for better training to manage dog fights.

CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion.

RESULT: APPROVED THE CONSENT CALENDAR, ITEM NO. 9 WAS
PULLED FOR A SEPARATE VOTE [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, and Alexander ABSENT: Ben Reynoso
NOES: None

6. Accept and Administer the FY 24/25 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant (24 -12083) (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-205 authorizing:

1. The City Manager to accept and administer the FY 2024/25 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant; and

2. The Director of Finance & Management Services to amend the FY 2024/25 Adopted Budget by $590,000 in both revenue and expenditures RESULT: ADOPTED RESOLUTION NO. 2024-205 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, and Alexander ABSENT: Ben Reynoso
NOES: None

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7. Accept the Johns Hopkins Bloomberg Center of Public Innovation 2.0 Project - Love Your Block Grant (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-204, and:

1. Authorize the City Manager, or designee, to accept grant award funds in the amount of $100,000.00 for the Bloomberg Center of Public Innovation

2.0 Project (Love Your Block Grant); and

2. Authorize the City Manager, or designee, to execute a Subaward Agreement and any subsequent amendments with Johns Hopkins University (JHU) for the Bloomberg Center for Public Innovation 2.0 Project (Love Your Block Grant) to carry out the service deliverables for the period of May 1, 2024, through April 30, 2026; and

3. Authorize the Director of Finance & Management Services to amend and appropriate the $100,000.00 for the Love Your Block Grant award in both revenues and expenditures to the Fiscal Year 2024/25 Operating Budget.

RESULT: ADOPTED RESOLUTION NO. 2024-204 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, and Alexander ABSENT: Ben Reynoso
NOES: None

8. Investment Portfolio Report for June 2024 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for June 2024.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, and Alexander ABSENT: Ben Reynoso
NOES: None

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9. Award of Agreement for Construction of Lytle Creek Futsal Field Project (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2024-206:

1. Approving the award of an Agreement with KYA Services, LLC. in the amount of $633,472.00 for the Lytle Creek Futsal Field (Project).

2. Authorizing the construction cont ingencies, construction management, and administrative costs in the total amount of $99,025.66 for construction of the Project.

3. Authorizing the Director of Financ e and Management Services to amend the FY 2024/25 CIP budget with an additional $140,000.00 from the Cultural Development Construction Fund to bring the total project budget to $740,000.00.

4. Authorizing the City Manager or designee to execute all documents with KYA Services, LLC.

5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

6. Finding the Project exem pt from the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines § 15303 (“New Construction or Conversion of Small Structures”).

Council Member Figueroa pulled the item to recognize the great work of staff completing the futsal field project. No additional discussion was made on this item.

RESULT: ADOPTED RESOLUTION NO. 2024-206 [6-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, and Alexander ABSENT: Ben Reynoso
NOES: None

10. Authorization to Proceed with Invest igation and Analysis for Proposed Street Vacation #15.30-442, a Portion of Iola Place (Ward 2) 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, #15.30 -442, of a portion of Iola Place.

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11. Adoption of Ordinance No. MC-1642 (Annexation 28A) (Ward 5) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1642 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024 -2025 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 capi tal replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

RESULT: ADOPTED ORDINANCE NO. MC-1642 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, and Alexander ABSENT: Ben Reynoso
NOES: None

12. Accept Grant Funds from Best Friends Animal Society (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2024-202:

1. Accepting grant funding in the amount of $25,000 from Best Friends Animal Society; and

2. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenses and appropriate $25,000 to be used towards animal shelter programs and services.

RESULT: ADOPTED RESOLUTION NO. 2024-202 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, and Alexander ABSENT: Ben Reynoso
NOES: None

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13. Renewal of all necessary contracts associated with Microsoft O365 Enterprise License Subscription and Services (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager to execute the Microsoft Volume Licensing Enterprise Enrollment; and the Professional Software Service Agreement with Insight Public Sector Inc., for a term of 36-months.

14. Specific Plan Amendment 23-02 and Conditional Use Permit Revision 23 -11 (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California , adopt Ordinance No. MC -1641 of the Mayor and City Council of the City of San Bernardino, California, approving Specific Plan Amendment 23 -02 amending the CalMat/Cajon Creek Specific Plan Design Guidelines governing mining depths and areas within the City of San Bernardino Areas K, L, M, and N (Attachment 1).

RESULT: ADOPTED ORDINANCE NO. MC-1641 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, and Alexander ABSENT: Ben Reynoso
NOES: None

DISCUSSION

16. American Rescue Plan Update (Fall 2024) (All Wards) Recommendation:

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

1. Receive and file an update on City of San Bernardino American Rescue Plan Act (ARPA) projects, allocations, and spending to date; and

2. Authorize the City Manager to formally obligate ARPA funds for City led projects per U.S Department of Treasury Guidelines, by executing Inter -Agency agreements for previously City Council approved ARPA projects; and

3. Provide staff direction on any unassigned ARPA funds.

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Mayor and City Council of the City of San Bernardino Page 13 Acting City Manager Clayton gave an overall presentation on the projects requested by the City Council with the assistance of various staff.

Economic Development Director, Kenneth Chapa gave a presentation and updates on the Small Business and Non-Profit Grants, Entrepreneurial Resources Center, and the Façade Improvement program.

Director of Parks and Recreation, Lydie Gutfeld gave a presentation and updates on Seccombe Lake Park, Nicholson Park with anticipated February 2025 completion, Lytle Creek Futsal field, Guadalupe Field, Sal Saavedra Park, Encanto Community Center, and Speicher Memorial Park fields.

Acting City Manager Clayton gave updates on the Graffiti Abatement program, Violence Intervention Program, Lead Water Connector Program, Street Improvement (10 th Street,
49th Street and Rialto Avenue), Navigation Center Construction, Navigation Center Operations, Motel Voucher program – No funding has been expended due to the injunction, Lutheran Social Services Wellness Center, Mobile Showers and Laundry, Emergency Nuisance Abatement, and Temporary Housing of American Sports University Residents.

Jeannie Fortune, Interim Finance Director gave an update on Enterprise Resource Planning which will upgrade all electronics systems city-wide.

Acting City Manager Clayton spoke on the completion of the HERO pay portion of ARPA spending.

Ed Erjavek, Library Director provided an overview of a new project called Maker Space which would enable the use of electronics to allow students to expand learning in Science Technology and Math.

Acting City Manager Clayton advised the City Council that the presentation was provided to give the City Council and update on the ARPA projects, but no vote was requested on any items discussed.

Council Member Calvin questioned the Violence Intervention Program (VIP) and performance within the program. Council Member was concerned about the spending due to the lack of a manager over the program.

Grants Division Manager, Mary Alvarez-Gomez advised that the vendors have continued to provide services.

Acting City Manager Clayton advised that a report on the Violence Intervention program would be provided.

Council Member Calvin asked about suggestions on the color palette for the Façade improvement program. She advised that she previously requested a consistent color palette for businesses in the main thoroughfares of the city.

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Mayor and City Council of the City of San Bernardino Page 14 Council Member Sanchez asked if staff had time to meet the requirements of ARPA and properly obligate all available funds. He requested a presentation of which projects or programs the city would act as the contractor on.

Acting City Manager Clayton expressed that with the current plan, staff should meet the requirements and obligate the remaining funds by December 31, 2024.

Council Member Sanchez requested that staff reallocate the funding earmarked for expanding the Violence Intervention Program to use toward street segment repair.

Council member Alexander spoke in support of the Library STEM program and requested to have a breakdown of the improvements being made in the parks for the City Council and the Public.

Council Member Calvin asked if the Capital Improvement Plan (CIP) list was reviewed to determine if some projects meet the requirements to utilize ARPA funds.

Acting City Manager Clayton advised that the Public Works team did review the list and pulled items to utilize ARPA funding.

Mayor Pro Tem Shorett requested a report on the Violence Intervention Program, and he expressed concern in the lack of oversight of the program. He advised that he is in support of the program, however he is interested in successful results.

Acting City Manager Clayton advised that there has been oversight of the program by an analyst. The permanent role has been filled, and a report is forthcoming.

Prior to the conclusion of the item Acting City Manager Clayton asked if the Mayor and City Council would prefer the ARPA review be presented in a workshop setting.

There was a consensus by the City Council to receive the follow up ARPA presentation in a workshop setting.

Council Member Ibarra left the dais at 7:41 p.m. and returned at 7:56 p.m. She was not present for the vote on Item No. 15.

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Mayor and City Council of the City of San Bernardino Page 15 RESULT: AUTHORIZED THE CITY MANAGER TO FORMALLY OBLIGATE ARPA FUNDS FOR CITY LED PROJECTS PER U.S

DEPARTMENT OF TREASURY GUIDELINES, BY EXECUTING

INTER -AGENCY AGREEMENTS FOR PREVIOUSLY APPROVED
CITY COUNCIL ARPA PROJECTS [5-0]
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Calvin, and Alexander ABSENT: Sandra Ibarra and Ben Reynoso
NOES: None

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates. Highlights included the Bloomberg Center for Public Innovation 2.0, Rendezvous back to Route 66, Pickleball Tournament at Perris Hill Park, Acknowledgment of staff and all the work they do, and Council Member Alexander acknowledged Cora Hidalgo Holland and requested to close the meeting in her honor.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, September 18, 2024, at 8:03 PM, in honor of Cora Hidalgo Holland, a San Bernardino native who was a victim of the September 11, 2001, World Trade Center attack.

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 Wednesday, October 2, 2024, in the Council Chamber located at 555 West 6 th
Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

By: _________________
Telicia Lopez, CMC, Acting City Clerk
___________________________________________
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES

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, 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, OCTOBER 02, 2024
3:30 PM
Closed Session was called to order at 3:58 PM by Mayor Helen Tran on Wednesday, October 2, 2024, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L. Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Jason Baltimore Assistant City Attorney Present
Genoveva Rocha City Clerk Present
Telicia Lopez Chief Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

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Regular Meeting Draft Minutes October 02, 2024
Mayor and City Council of the City of San Bernardino Page 2 4:00 P.M.

CLOSED SESSION PUBLIC COMMENT
There were no public comments for Closed Session.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Abel Rodriguez-Garcia v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB24074
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item
C) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) Title: City Manager
D) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mayor or other Mayor and Council designee Unrepresented employee: City Manager
E) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subsection (d) of Section 54956.9: one case.

F) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8)
i. Property: Carousel Mall Property, 43 acres
Agency Negotiator: City Manager, or designee
Negotiating Parties: Enterprise District Development Group Under Negotiation: Price and Term
The Mayor and City Council convened into closed session at 3:59 PM.

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Regular Meeting Draft Minutes October 02, 2024
Mayor and City Council of the City of San Bernardino Page 3 5:00 P.M.

The Regular Meeting was called to order at 5:20 PM by Mayor Helen Tran on Wednesday, October 2, 2024, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L. Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Jason Baltimore Assistant City Attorney Present
Genoveva Rocha City Clerk Present
Telicia Lopez Chief Deputy City Clerk Present

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Joshua Beckley from Ecclesia Christian Fellowship led the invocation, and Barry Brown from Arrowhead Elementary School led the Pledge of Allegiance.

CLOSED SESSION REPORT
Assistant City Attorney Jason Baltimore reported that there was no reportable action from Closed Session, and the Mayor and City Council will re-convene into closed session at the conclusion of the regular meeting.

PRESENTATIONS

1.Proclamation for Breast Cancer Awareness Month in the City of San Bernardino -October 2024 (All Wards)
Mayor Tran and the City Council presented the proclamation to Nicole Whims and Katie Spencer from St. Bernardine Medical Center and Janet Wilson from Community Health of San Bernardino.

2. Proclamation for Hispanic Heritage Month in the City of San Bernardino September 15 - October 15, 2024 (All Wards)
Mayor Tran and the City Council presented the proclamation to Consul Julio Huerta, Consul Attache and Tammy García, Community Affairs Coordinator of the Consulate of Mexico San Bernardino.

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3.Entrepreneurial Resource Center (ERC) Impact Report for 2023/2024 (All Wards) Dr. Mike Stull, Director of the Inland Empire Center for Entrepreneurship (IECE) at California State University, San Bernardino (CSUSB) gave a presentation on the program.

PUBLIC HEARING

4. CCB 24-0001- Request to Amend Commercial Cannabis Business Permit CBP 22-005 to provide GWC Real Estate Services, LLC a Change in Location from 741 S. Lugo Ave., Suites B - F to 741 S. Lugo Ave., Suites A - F. (Ward 3) Recommendation:

It is recommended that the Mayor and City Council approve the Commercial Cannabis Business Permit Location Change Request for GWC Real Estate Services, LLC.

Mayor Tran opened the public hearing at 5:47 p.m.

Economic Development Project Manager, Stephanie Castro gave a presentation.

There were no requests to speak.

The public hearing was closed at 5:50 p.m.

Council Member Figueroa recommended that staff or possibly legal counsel revisit the municipal code to address administerial act processing to avoid unnecessary use of staff time presenting minor changes to the Mayor and City Council. Allowing well- informed staff, to make decisions in such straightforward cases.

Acting City Manager Clayton reaffirmed that staff should seek potential changes to the ordinance to address minor administerial actions that require City Council approval.

Council Member Calvin questioned if the applicant was current with all fees due to the city and staff member Castro confirmed they are current.

Council Member Shorett asked if cannabis locations are being inspected regularly and staff member Castro advised that random inspections are done.

Council Member Calvin questions how often renewals are done, staff Castro advised every 3 years.

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Regular Meeting Draft Minutes October 02, 2024
Mayor and City Council of the City of San Bernardino Page 5 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None

CITY MANAGER UPDATE
Public Information Officer Jeff Kraus provided updates. Highlights included the Press Conference for the Encampment Cleanup Injunction being lifted, The City’s ownership of the Harris building, New Business opening in the city (Dutch Brothers, Chick-fil-a, and Panera Bread), Mount Vernon Bridge project, Animal Shelter Kennel Construction and Bench Dedication for Rosenda Smiley, the First Anniversary of the Downtown Farmers Market, and the Rendezvous Back to Route 66 event.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Al Palazzo spoke about Director Gabriel Elliott and Director Ken Chapa attending his seminar, expressing his ideas for the city's needs and his desire to work with the City Manager. He addressed the homeless problem and shared suggestions, urging the Mayor and City Council to consider his proposals.

Dominic Antunes discussed the encampment at Perris Hill, raising concerns about squirrels and mentioning issues related to Adam and Eve, marijuana, mushrooms, and raves, linking them to crime and homelessness.

Treasure Ortiz spoke about lifting the homeless injunction and urged the Mayor and City Council to inform the public about the costs associated with inactivity, advocating for a shift in priorities. She expressed opposition to item No. 16 and criticized the Mayor’s focus.

Mike Hartley shared insights from a meeting about CRMS (Citizen Request Management System), commenting on the Mayor’s awareness of her salary upon acceptance of her position and her limited power.

Janel Ruiz introduced herself as the new Public Affairs Manager for So Cal Gas.

Luis Ojeda spoke about an animal event hosted by the police department and discussed issues with the City Attorney’s Office, Code Enforcement, and his desire to meet with the MCC regarding these matters.

Robert Snyder, a volunteer from the Orange Show Speedway, announced the upcoming Trick or Treat race event on October 12 and invited the Mayor and City Council to attend.

Crystal Jenkins advocated for her cousin in foster care, highlighting difficulties in gaining custody and raising concerns about alleged abuse.

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Mayor and City Council of the City of San Bernardino Page 6 Georgia L. reported on the status of animals at the shelter, expressing dissatisfaction with the Animal Services department and item No. 10 regarding the lease for animal services.

John Shollenberger called for change in the election, expressing support for Treasure Ortiz in the 7th Ward and emphasizing the need for a council that prioritizes the city’s best interests.

Tammy Keesy addressed the lack of resources for homeless individuals discharged from hospitals, stressing the need for emergency housing and prioritizing vulnerable populations.

Scott Olson, running on the Republican ticket, voiced opposition to Treasure Ortiz and support for Jim Penman in the 7th Ward, also backing Mayor Tran and opposing former Mayor Morris.

Robert Porter expressed his love for San Bernardino and requested more positive media coverage for the city.

Albert Hopkins raised concerns about the injunction and the treatment of the homeless, advocating for humane solutions and offering to assist the City Manager.

Dolores Armstead discussed grant funds received for navigation services, stressing the importance of auditing their use and addressing downtown revitalization.

Cres Mares highlighted issues related to the animal shelter and homelessness, questioning the city's inaction regarding housing in vacant buildings.

Henry Nickel reported on his experience with the CRM system, noting delays in resolving a duplicate request, and expressed opposition to the construction of a navigation center.

City Clerk Rocha announced that written public comments were provided to the Mayor and City Council and available online. City Clerk Rocha read the following names of those who submitted comments, Victor Suarez and Pamela Hall.

CONSENT CALENDAR
Prior to the vote on the consent Calendar, Acting City Manager Rochelle Clayton announced that there was a correction to Item No. 7 on the consent calendar. She advised that a correction memo was provided.

Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion.

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Mayor and City Council of the City of San Bernardino Page 7 RESULT: APPROVED THE CONSENT CALENDAR, ITEM NO. 5 WAS
PULLED FOR A SEPARATE VOTE [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None

5. Approval of Various Mayor and City Council Meeting Minutes Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Meeting Minutes for the following dates:

1. Mayor and City Council Special Closed Session Meeting July 15, 2020

2. Mayor and City Council Special Meeting December 21, 2022 Council Member Calvin questioned why we are now approving meeting minutes for 2020 and 2022.

City Clerk Rocha explained that there were approximately 40 meetings in 2020, and the office was short staffed which caused a backlog. The city council approved funding to retain a vendor to help with the backlog, however there was difficulty in retaining a vendor. The selected vendor is currently working on the 2020 to 2022 backlog which will be completed by the end of the year. Staff are working on minutes from 2023 to current.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None

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6. Adoption of Public Records Request Policy (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-207 approving a policy formalizing existing procedures for processing Public Records Act requests.

RESULT: ADOPTED RESOLUTION NO. 2024-207 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None

7. FY2024-2025 Emergency Solutions Grant (ESG), Community Development Block Grant (CDBG), and HOME Grant Subrecipient Agreements Recommendation:

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

1. Approve FY2024-25 Emergency Solutions Grant (ESG) Program Subrecipient Agreement with Salvation Army.

2. Approve FY2024-25 Community Development Block Grant (CDBG) Sub- recipient Agreements with Inland Fair Housing and Mediation Board (IFHMB), San Bernardino Police Department, San Bernardino Public Works Department, and El Sol.

3. Approve FY2024-25 HOME Investment Partnerships Program (HOME) Subrecipient Agreement with Neighborhood Partnerships Housing Services (NPHS).

Prior to the start of the Mayor and City Council Meeting a correction memo was provided for Item No. 7. Recommendation number 2 and 3 on the agenda were removed and replaced with a request to authorize the city manager to take further actions and execute any additional documents necessary to effectuate the agreements.

This information was listed on the staff report, however not reflected on the agenda.

RESULT: APPROVED STAFF’S CORRECTED RECOMMENDATION [7-0] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None

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8. Adoption of Ordinance No. MC-1643 – 2nd Reading of 2022 Building Code (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Ordinance No. MC-1643 approving new Municipal Code language and approve use of the 2022 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code.

RESULT: ADOPTED ORDINANCE NO. 1643 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None

9. Revised Arrowhead Grove Phase IV Affordable Housing Project Conditional Funding Commitment (Ward 2)
Recommendation:

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

1. Adopt Resolution No. 2024-208 of the Mayor and City Council of the City of San Bernardino, California, approving a revised HOME Investment Partnership Program Conditional Funding Commitment for Arrowhead Grove Phase IV, an affordable housing project; and

2. Authorize the City Manager, or designee, to take any further actions and execute any further agreements or documents as necessary including minor and substantive changes.

Council Member Ibarra requested a correction on this item. She advised that the ward was indicated incorrectly. It was listed as ward 2, however it is in ward 1.

RESULT: ADOPTED RESOLUTION NO. 2024-208 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None

10. Lease Agreement with Casa Ramona, Inc., Regarding 1543 W. 8th Street, for an Interim Animal Shelter Supportive Services Center (Ward 1) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-209:

1. Approving the Lease Agreement with Casa Ramona, Inc. for 1543 W 8th Street, San Bernardino, California, for an Interim Animal Shelter Supportive Services Center; and

2. Authorize the City Manager to execute the Lease Agreement between the City of San Bernardino and Casa Ramona, Inc.

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Mayor and City Council of the City of San Bernardino Page 10 RESULT: ADOPTED RESOLUTION NO. 2024-209 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None

11. Irrevocable Agreement to Annex No. 2024-381 (Ward 5) Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2024-210 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 1148 West 41st Street, San Bernardino, California (APN: 0265-151-62), within the unincorporated territory of Arrowhead Farms; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

RESULT: ADOPTED RESOLUTION NO. 2024-210 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None

12. Lease Assignment and Estoppel for 295 E. Club Center Drive (Parking Lot Lease No. 15.06-136) (Ward 3)
Recommendation:

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

1. Execute an Assignment and Assumption Agreement, authorizing the assignment of Parking Lot Lease No. 15.06-136 from CCI Club SB, LLC, to 295 Club Center LLC; and

2. Execute an Estoppel Certificate certifying the status of Parking Lot Lease No. 15.06-136.

RESULT: APPROVED THE STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander NOES: None

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13. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for July and August 2024 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements and purchase card transactions for July and August 2024.

14. Purchase of Armored Rescue Vehicle (All Wards)
Recommendation:

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

1. The City Manager or designee to sign and execute a purchase agreement with Lenco Industries;

2. The Director of Finance and Management Services to issue a purchase order in the amount of $387,567.96 to Lenco Industries.

DISCUSSION

15.Amendment to the Citywide Classification and Compensation Plan and Organizational Restructure
Recommendation:

Adopt Resolution No. 2024-211 of the Mayor and City Council of the City of San Bernardino, California, amending the Classification and Compensation Plan by delegating authority to the City Manager to establish, fix, and alter job classifications including titles, descriptions, compensation, and number of positions in the Classification and Compensation Plan as needed, subject to the total personnel expenditure budget limitations approved by the City Council.

Acting City Manager Clayton advised that the item was being pulled by staff and was not ready for presentation.

ITEM WAS PULLED BY STAFF, NO ACTION WAS TAKEN

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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

16. Elected Officials Compensation Advisory Commission (All Wards) - Mayor Tran
Mayor Tran explained that the request she submitted was to allow the committee to meet regularly and assess the compensation of the Mayor and City Council.

Council Member Calvin questioned why the committee is being requested to meet and advised that the Council Member compensation was evaluated in 2023.

Mayor Pro Tem Shorett expressed a desire to establish a policy for the committee which would include setting the meeting times and frequency.

RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [6-1] MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, and Alexander NOES: Kimberly Calvin

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates. Highlights included the Anti- Hate Forum held at Valley College, California State Community College Board of Governors to Valley College, Continuum of Care County Grant Review Committee, the Entrepreneurial Center for its support of 11,546 businesses and the creation of 4,449 jobs in the community.

Upcoming events include the Senior Health and Resource Fair on October 4 th, from 9
a.m. to 1 p.m., the Valencia and Perris Hill Neighborhood Association meeting on October 9 at Denny’s on Valencia and Highland at 5 p.m. The Vernon Dental Center will hold its grand opening on Mount Vernon on October 12. Coffee with a Cop, a monthly community meeting, will take place on October 15. On October 19, two major events are scheduled: the 100 Black Men of the Inland Empire Scholarship Gala at 6 p.m. at the Riverside Convention Center, and “Cruising at Altitude,” a live music event at the airport starting at 5 p.m., a Trunk or Treat event will be held on October 30 at Davidson Elementary School beginning at 9 a.m. The Southern California Edison Scholarship Program for high school students seeking scholarship opportunities.

CLOSED SESSION
At 7:18 p.m. the Mayor and City Council re-convened into closed session.

CLOSED SESSION REPORT
Assistant City Attorney Jason Baltimore reported that the Mayor and City Council voted to extend an employment contract to Rochelle Clayton as the City Manager, a contract will come back at the next open session.

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ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, October 2, 2024, at 8:38 PM
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 Wednesday, November 06, 2024, in the Council Chamber located at 555 West 6 th
Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

By _________________
Telicia Lopez, CMC, Acting City Clerk
___________________________________________________
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 18, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Award a Homeless Resource Services Agreement with Benjamin E. Jones Community Resource Center for
Rapid Rehousing Services in an Amount Not to Exceed
$600,000 Through the Encampment Resolution Fund
(ERF-3-R) Program (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute a Homeless Resource Services Agreement with Benjamin E. Jones Community Resource Center in an amount not to exceed $600,000 for housing placement services under the Rapid Rehousing Program, and to take any additional actions, including future amendments, necessary to carry out the terms and objectives of the agreement.

Executive Summary
The City of San Bernardino is launching its Rapid Rehousing (RRH) Program through the Encampment Resolution Fund Round 3 (ERF-3-R) to transition 60 individuals from the prioritized 5.2-mile encampment along Waterman Avenue into permanent housing.

A total of $1,392,432 in grant funds has been allocated across two key components: a Procured Subcontractor funded at $600,000 for housing placement services including case management, housing navigation, and landlord engagement; and a Rental Assistance and Landlord Incentives component funded at $792,432 for direct rental subsidies and landlord incentives. Following a competitive Notice of Funding Availability (NOFA) process, the nonprofit Benjamin E. Jones was selected for its experience, readiness, and adherence to Housing First principles. Staff is seeking Council authorization to allow the City Manager to execute a Homeless Resource Services Agreement for permanent housing services component, with program operations scheduled to begin on June 18, 2025, and continue through June 30, 2027, as part of the City's broader effort to reduce unsheltered homelessness.

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Background
The Encampment Resolution Fund (ERF), established under Senate Bill (SB) 197 and funded through SB 101, is a state initiative designed to support targeted interventions for individuals residing in encampments. On April 18, 2024, the City of San Bernardino was awarded $4,569,511 through ERF-3-R to implement a comprehensive strategy addressing homelessness along the 5.2-mile encampment corridor on Waterman Avenue.

As part of this encampment resolution strategy, the City allocated a portion of its ERF- 3-R funds to establish a Rapid Rehousing Program to meet the urgent need for permanent housing solutions and alleviate pressure on its homelessness resources. A NOFA was released on January 21, 2025, and remained open for 37 days, closing on February 26, 2025. The City was searching for a qualified subcontractor with experience in rapid rehousing. Following a screening and evaluation process, the nonprofit organization Benjamin E. Jones was selected to lead the effort to transition 60 individuals into permanent housing.

Chronology of Key Events
 Nov 27, 2023 – The California Interagency Council on Homelessness (Cal ICH) released the ERF Round 3 NOFA, totaling $400 million statewide.  Feb 1, 2023 – The Mayor and City Council adopted Resolution No. 2023-028, declaring a Homelessness State of Emergency.
 Dec 2023 – The City’s outreach team identified approximately 200 individuals living in the prioritized encampment area.
 Jan 30, 2024 – The City submitted its ERF-3-R application to Cal ICH.  Apr 18, 2024 – The City was awarded $4,569,511 in ERF-3-R funding.  Sep 4, 2024 – Council adopted Resolution No. 2024-201, reaffirming the Homelessness State of Emergency and granting the City Manager authority to pursue contracts and funding.
 Dec 4, 2024 – Council approved acceptance of ERF-3-R funds and the City’s implementation plan, including the issuance of a NOFA for Rapid Rehousing.  Jan 21, 2025 – The City released its Rapid Rehousing NOFA, outlining eligibility, scope of work, and funding priorities.
 Feb 19, 2025 – A public hearing was conducted to solicit community input on the proposed Rapid Rehousing NOFA under the Encampment Resolution Fund initiative.

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 Jan 21–Feb 26, 2025 – The NOFA was publicized through newspapers, the City website, email outreach, and social media.
 Feb 26, 2025 – The application window closed; proposals were reviewed per evaluation criteria.
 Mar 26, 2025 – Finalist interviews were conducted. Benjamin E. Jones was selected for the award based on qualifications and evaluation scores.

Discussion
ERF-3-R provides a strategic opportunity for the City to address unsheltered homelessness using targeted, data-driven interventions. A core component of the City’s ERF-3-R implementation is the Rapid Rehousing Program, which focuses on permanently housing 60 individuals from the prioritized 5.2-mile encampment.

Funding Authorization
The proposed $1,392,432 allocation for the Rapid Rehousing Program—consisting of $600,000 for the Homeless Resource Services Agreement with Benjamin E. Jones and $792,432 for rental assistance and landlord incentives—was not specifically itemized when the City Council approved acceptance of the total ERF-3-R grant award of $4,569,511 on December 4, 2024, through Resolution No. 2024-230. While the original December action accepted the grant without detailing specific contract or subcontractor allocations, the execution of contracts under this grant falls within previously authorized funding levels and does not require additional budget appropriations.

Program Structure
The Rapid Rehousing Program consists of two key components:

1. Procured Subcontractor (Housing Placement Services) – $600,000 The City’s Housing and Homelessness Division initiated a competitive procurement process to identify a qualified subcontractor capable of providing RRH services in alignment with Housing First principles, funding requirements, and City objectives. The NOFA was broadly advertised through bilingual newspaper notices, direct emails to service providers, City website postings, and social media outreach.

All submitted proposals were evaluated by a multidisciplinary panel using standardized scoring criteria, which included:
 Organizational qualifications and staffing capacity
 Experience serving chronically homeless and high-barrier populations  Landlord engagement capabilities
 Grant administration and data management using the Homeless Management Information System (HMIS)
 Financial capacity and internal controls

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Following the proposal review, the two highest-scoring applicants were interviewed.

Benjamin E. Jones was selected due to its demonstrated organizational readiness, client-centered approach, and history of successfully administering similar programs.

Under the forthcoming Homeless Resource Services Agreement, Benjamin E. Jones will receive $600,000 to deliver housing placement services, including eligibility assessments, housing plans, case management, housing search and placement, lease-up assistance, and landlord engagement. The subcontractor will ensure that individuals receive personalized support throughout the rehousing process and have access to necessary resources to sustain their housing. Benjamin E. Jones will also ensure compliance with data and performance tracking through HMIS.

2. Rental Assistance and Landlord Incentives – $792,432 This component provides financial assistance to secure housing and incentivize landlord participation, including:
• Rental Subsidies – $693,378: Covers six months of rent and security deposits for program participants, calculated based on local Fair Market Rents (FMR):
 54 one-bedroom units at $1,611 per month for 6 months ($608,958)  6 two-bedroom units at $2,010 per month for 6 months ($84,420) • Landlord Incentives – $99,054: One-time incentives paid to landlords as an additional incentive for negotiating permanent housing placements, equivalent to up to one month's rent per vacant unit held based on Fair Market Rents ($1,611 per one- bedroom unit; $2,010 per two-bedroom unit)
These efforts are intended to facilitate housing placements and support long-term stability for individuals exiting the Waterman Avenue encampment.

Although the original December 2024 Council action accepting the ERF-3-R grant did not include a breakdown of specific subcontractor allocations, the execution of this Homeless Resource Services Agreement for Rapid Rehousing services falls within the total grant amount previously authorized by the Council and does not require additional budget appropriations.

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Project Timeline and Compliance Requirements
 Contract Term: June 18, 2025 – June 30, 2027
 Fund Obligation Deadline: All ERF-3-R funds must be obligated by June 30, 2025
 Rental Period: Up to six months of rental subsidies (no extensions or escalations allowed)
The Rapid Rehousing Program is one component of a broader strategy to transition 110 individuals from homelessness through:
 Permanent housing (RRH)
 Interim shelter and mobile services
 Prevention and diversion initiatives
2021-2025 Strategic Targets and Goals
The ERF project aligns with Strategic Target No. 3: Improved Quality of Life, by expanding accessibility to housing and services, improving living conditions for the unhoused population, and positively impacting the community Fiscal Impact
There is no General Fund impact with this item. The Rapid Rehousing Program consists of two components totaling $1,392,432 in ERF-3-R grant funding previously accepted by the City Council on December 4, 2024, via Resolution No. 2024-230:

1. Procured Subcontractor (Housing Placement Services) - $600,000: Funding for the proposed Homeless Resource Services Agreement with Benjamin E. Jones will support housing placement services, including case management, housing navigation, landlord engagement, and linkage to supportive services.

2. Rental Assistance and Landlord Incentives - $792,432: This component provides direct financial assistance, including $693,378 for six months of rental subsidies and security deposits based on local Fair Market Rents (54 one-bedroom units at $1,611/month and 6 two-bedroom units at $2,010/month), and $99,054 for one-time landlord incentives equivalent to up to one month's rent per unit to encourage permanent housing placements.

ERF-3: Rapid Rehousing Total Budget
Delivery of Permanent Housing (Procured Subcontractor) $600,000 Procured Subcontractor Contract (Housing Placement Services) $600,000 Rapid Rehousing - Rental Assistance and Landlord Incentives $792,432 54 One-Bedroom Housing Units (Rental Assistance) $608,958 6 Two-Bedroom Housing Units (Rental Assistance) $84,420 Landlord Incentives for 60 Housing Placements $99,054
Grand Total $1,392,432

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Combined, these activities represent a total of $1,392,432 in ERF-3-R grant funding previously appropriated for this purpose; therefore, no new appropriation is required.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute a Homeless Resource Services Agreement with Benjamin E. Jones in an amount not to exceed $600,000 for housing placement services under the Rapid Rehousing Program, and to take any additional actions, including future amendments, necessary to carry out the terms and objectives of the agreement.

Attachments
Attachment 1 Homeless Resource Services Agreement with Benjamin E. Jones Attachment 2 Notice of Funding Availability (NOFA) ERF-3 Rapid Rehousing Attachment 3 ERF Standard Agreement Contract
Ward:

All Wards
Synopsis of Previous Council Actions:

December 4, 2024 Approval of the Encampment Resolution Fund grant in the amount of $4,569,511.

February 19, 2025 Public Hearing was conducted to solicit community input on the proposed Notice of Funding Availability
(NOFA) for the Rapid Rehousing Program under the
Encampment Resolution Fund initiative

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HOMELESS RESOURCE SERVICES

AGREEMENT

This Agreement for the provision of Homeless Resource Services ("Agreement") is made and entered into this June 18, 2025 ("Effective Date") by and between the City of San Bernardino, a charter Ci ty and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and the Benjamin E. Jones Community Resource Center, a California nonprofit public benefit corporation recognized under Section 501(c)(3) of the Internal Revenue Code, with its principal place of business located at 794 West 40th Street, San Bernardino, CA 92407 (“Subcontractor”). The City and the Subcontractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, the City and the Subcontractor agree as follows:

ARTICLE 1 - ENGAGEMENT OF

SUBCONTRACTOR

1.1 This Agreement is funded through a grant awarded to the City by the State of California under the Encampment Resolution Funding Program ("Encampment Resolution Fund" or "ERF"), established pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the California Health and Safety Code. The ERF is administered by the California Department of Housing and Community Development ("Department of Housing and Community Development" or "HCD"), a department within the Business, Consumer Services and Housing Agency ("Agency"). The City is a designated grantee under the ERF.

1.2 The City hereby engages the Subcontractor to implement and administer a Rapid Rehousing Program (“Program”) designed to transition sixty (60) individuals experiencing homelessness into stable, permanent housing within the City’s designated 5.2-mile prioritized encampment area. The Subcontractor shall provide comprehensive Rapid Rehousing services ("Services"), including but not limited to: housing placement, case management, landlord engagement, rental assistance, and linkage to supportive resources, all in accordance with the Scope of Work attached hereto as Exhibit "A," which is incorporated herein by this reference.

1.3 The term of this Agreement shall commence on the Effective Date of June 18, 2025, and shall continue in full force and effect until June 30, 2027, unless earlier terminated or modified in accordance with the provisions set forth herein. All ERF-3-R funds under this Agreement must be obligated by June 30, 2025, in accordance with state funding requirements.

1.4 The Subcontractor shall perform all Services in a professional and competent manner. The Subcontractor represents and warrants that it possesses the necessary qualifications, expertise, and experience to implement Rapid Rehousing program s for individuals experiencing homelessness or those at risk of homelessness. The Subcontractor agrees to utilize state funding to operate the Program in full compliance with the principles of Housing First, as defined in California Welfare and Institutions Code Section 8255, which include low-barrier program entry, individualized

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housing stabilization services, and proactive landlord engagement strategies to support long-term housing stability.

1.5 The Subcontractor shall assist i ndividuals experiencing homelessness by delivering Rapid Rehousing services that ensure timely access to rental assistance, case management, and supportive resources, with the goal of facilitating permanent housing placem ents for individuals residing in the designated 5.2-mile prioritized encampment area. All services shall be delivered in accordance with the principles of Housing First and the objectives of the Encampment Resolution Fund (ERF-3-R) Program, with a targeted focus on housing navigation, landlord engagement, and the provision of financial assistance to remove barriers to stable housing.

ARTICLE 2 - SERVICES OF SUBCONTRACTOR

2.1 The Subcontractor shall perform the Services described in Exhibit "A" – Scope of Services, which is attached hereto and incorporated herein by this reference. Under this Agreement, the Subcontractor shall implement a Rapid Rehousing Program designed to transition sixty (60) individuals experiencing homelessness into stable, permanent housing within the City's designated

5.2-mile prioritized encampment area.

The Program shall include housing navigation, case management, rental assistance, and landlord engagement to facilitate successful housing placements. Eligible participants shall receive financial assistance including, but not limited to, six (6) months of rental subsidies, security deposits, and landlord incentives. In addition, the Subcontractor shall connect participants to supportive services, which may include mental health care, substance use treatment referrals, and employment assistance. The Program shall be administered in accordance with a low-barrier, Housing First approach, with the goal of promoting long-term housing stability and successful community reintegration.

2.2 The Subcontractor shall adhere to all applicable federal, state, and local laws, regulations, and requirements in executing this Agreement, including, but not limited to, compliance with any applicable State prevailing wage laws. This Agreement is subject to any restrictions, limitations, conditions, statutes, or regulations imposed by federal law, the State of California, or any relevant agency, department, or pol itical subdivision that may impact on the provisions, terms, or funding of the ERF Program and this Agreement.

2.3 The Subcontractor shall comply with all terms and conditions set forth in this Agreement, including those contained in the ERF Standard Agreement and its associated exhibits, which are incorporated herein by this reference and attached hereto as Exhibit "E" fo r convenience. Compliance with these requirements must be demonstrated to the satisfaction of HCD as a condition precedent to the disbursement of Grant Funds. All expenditures made under this Agreement shall align with the legislative intent of the authorizing statute and shall prioritize the safety and well-being of individuals experiencing homelessnes s residing in encampments. The Subcontractor shall ensure compliance with data and performance tracking through the Homeless Management Information System (HMIS).

2.4 The City shall reimburse the Subcontractor for eligible services rendered

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under this Agreement, as described in Exhibit "A" – Scope of Services, in an amount not to exceed $600,000 in ERF-3-R grant funding (“Grant Funds”).

This amount is designated for the delivery of permanent housing services and covers subcontractor-led activities including housing identification, case management, housing navigation, landlord engagement, program oversight, and coordination of client move-in support. These services are intended to facilitate the transition of up to 60 individuals residing in the City’s prioritized Waterman Avenue encampment area into permanent housing placements.

This compensation represents the Procured Subcontractor component of the City's Rapid Rehousing Program and covers subcontractor-delivered services including:

• Eligibility assessments and housing plans
• Case management and housing navigation
• Housing search and placement activities
• Lease-up assistance and move-in support
• Landlord engagement and relationship building
• Program oversight and coordination
• Linkage to supportive services

These services are intended to facilitate the successful transition of up to sixty (60) individuals residing in the City's prioritized Waterman Avenue encampment area into permanent housing placements, with participants receiving personalized support throughout the rehousing process.

2.5 In coordination with the City's Housing and Homelessness Division, the Subcontractor shall facilitate the administration of an additional Seven Hundred Ninety-Two Thousand Four Hundred Thirty-Two Dollars ($792,432) in ERF-3-R Grant Funds designated for the Rental Assistance and Landlord Incentives component of the Rapid Rehousing Program.

These funds represent direct financial assistance separate from the Subcontractor's compensation and shall be managed in accordance with Exhibit "A," and HSC Sections 50250–50254, HCD program guidance, and the City's grant monitoring and documentation requirements.

The funds shall be utilized exclusively for: Rental Subsidies - $693,378: Six (6) months of rental subsidies and security deposits for program participants, calculated based on local Fair Market Rents (FMR):

• Fifty-four (54) one-bedroom units at $1,611 per month for 6 months ($608,958)
• Six (6) two-bedroom units at $2,010 per month for 6 months ($84,420)

Landlord Incentives - $99,054: One-time incentive payments equivalent to up to one month's rent per vacant unit based on Fair Market Rents ($1,611 per one-bedroom unit; $2,010 per two-bedroom unit) to encourage landlord participation in housing high-barrier individuals and expedite permanent housing placements.

All rental subsidies and landlord incentives shall be paid directly to participating landlords. The Subcontractor shall coordinate with the City to ensure proper documentation and compliance with ERF-3-R grant requirements. Disbursement procedures, rates, and eligibility requirements are detailed in Exhibit "B" – Rate Sheet.

No extensions or escalations of the six-month rental subsidy period are

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permitted under this Program. No City General Funds shall be used or allocated as a funding source under this Agreement.

ARTICLE 3 - RESPONSIBILITIES OF CITY

3.1 The City shall make available to t h e Subcontractor information in its possession that may reasonably assist the Subcontractor in providing the Services.

3.2 The City hereby designates Gabriela Leon as its authorized representative for purposes of administering and overseeing the Subcontractor’s performance under this Agreement. This individual shall have the authority to act on behalf of the City in all matters pertaining to this Agreement. The City reserves the right to designate a different representative at any time by providing written notice to the Subcontractor.

ARTICLE 4 - PERFORMANCE OF SERVICES

4.1 The Subcontractor shall perform and complete the Services in a prompt, diligent, and professional manner, in accordance with the schedule and requirements set forth in Exhibit "A" – Scope of Services, which is attached hereto and incorporated herein by this reference.

4.2 The term of this Agreement shall commence on the Effective Date and shall continue in effect until June 30, 2027, unless earlier terminated in accordance with the provisions of this Agreement. The Subcontractor shall complete all Services and fully expend all Grant Funds by June 30, 2027.

4.3 The Subcontractor shall provide all necessary information and documentation required by the City to ensure compliance with the reporting, performance measurement, and audit requirements of the ERF Program.

This includes, but is not limited to, the submission of quarterly reports and a comprehensive Final Work Product by June 30, 2027

4.4 The Subcontractor shall utilize the local Homeless Management Information System ("HMIS") to track all ERF-funded projects, services, and clients served. HMIS data shall be collected and maintained in accordance with applicable laws, regulations, and data privacy standards and shall clearly identify the services and individuals supported by ERF funding.

4.5 The Subcontractor shall implement and administer the Rapid Rehousing Program in accordance with the goals, requirements, and timelines of the ERF-3-R, including but not limited to the following:

a. Accepting referrals directly from designated ERF-funded City staff positions responsible for managing participant identification and intake coordination within the 5.2-mile prioritized encampment area.

b. Providing individualized housing navigation and case management services to referred participants, with a focus on reducing barriers and promoting long-term housing stability, consistent with Housing First principles.

c. Coordinating and facilitating housing placement activities, including lease-up support, move-in assistance, and access to supportive services,

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to assist up to 60 participants in securing permanent housing.

d. Administering rental subsidies and landlord incentives as outlined in the approved program budget, ensuring disbursement in compliance with ERF program guidelines and City fiscal procedures.

e. Collaborating with the City and other ERF-funded service partners to ensure integrated service delivery, performance tracking, and coordinated housing interventions.

f. Ensuring all ERF-3-R program funds are fully obligated no later than June 30, 2025, and that all program activities and required documentation are completed by the end of the Agreement term on June 30, 2027.

ARTICLE 5 - PAYMENTS TO SUBCONTRACTOR

5.1 Subcontractor Service Compensation: The Subcontractor shall receive compensation for services rendered under this Agreement in an amount not to exceed Six Hundred Thousand Dollars ($600,000) in ERF-3-R grant funding. This compensation covers all subcontractor services including housing placement, case management, landlord engagement, and program coordination as detailed in Exhibit "A" – Scope of Services.

5.2 Rental Assistance Administration: The Subcontractor shall administer Seven Hundred Ninety-Two Thousand Four Hundred Thirty-Two Dollars ($792,432) in ERF-3-R grant funding designated for direct rental assistance and landlord incentives. These funds constitute pass-through payments that shall be disbursed directly to participating landlords and property owners. The Subcontractor receives no compensation from these funds but serves as the administrative agent for their proper distribution in accordance with program requirements.

5.3 Total Program Value: The total value of ERF-3-R funding under this Agreement is One Million Three Hundred Ninety-Two Thousand Four Hundred Thirty-Two Dollars ($1,392,432), representing the combined value of Subcontractor service compensation ($600,000) and rental assistance funds ($792,432).

5.4 The Subcontractor shall submit quarterly reports to the City detailing the Services provided during the preceding quarter. These reports shall include, but are not limited to, a summary of activities performed, client identification and status, service delivery dates, the value and type of resources expended, and any other information required by HCD.

Additional reporting and auditing requirements associated with the ERF are set forth in Exhibit "C" – ERF Program Reporting, which is attached hereto and incorporated herein by this reference.

5.5 To ensure proper financial oversight, compliance with HCD expenditure guidelines, and the timely disbursement of ERF funds, the City has established an escrow account as a controlled financial management mechanism. The escrow account serves as the designated holding account for ERF funds, allowing payment of contracted services and timely disbursement for eligible program activities. The City’s Housing and

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Homelessness Division shall oversee the escrow account to ensure compliance with ERF financial management protocols, proper documentation, and adherence to HCD grant requirements.

A. The Subcontractor shall submit detailed reimbursement requests to the Housing and Homelessness Division, including supporting documentation such as invoices, receipts, proof of Services rendered, and other financial records to validate expenditures. The Housing and Homelessness Division shall review and verify reimbursement requests to ensure that expenditures align with ERF funding guidelines and the approved budget. If discrepancies are identified, the request shall be returned to the Subcontractor for correction or additional documentation.

Once a request is approved, the Housing and Homelessness Division shall submit an Escrow Wire Form to the escrow account manager, who will validate the request and process the wire transfer within two (2) business days. The City shall maintain a detailed record of all disbursements, ensuring compliance with audit and financial reporting requirements.

B. All disbursements from the escrow account must be pre-approved by the City, and funds shall only be released for verified, eligible expenditures under the ERF program. The Subcontractor's failure to comply with reimbursement and escrow account procedures may result in reimbursement delays.

5.6 All ERF funds must be fully expended by June 30, 2027. Any unexpended funds remaining after this date shall be returned to the City within fifteen (15) calendar days for reversion to HCD. The City may coordinate with HCD to request an extension; however, the approval of any such extension is solely at HCD’s discretion and subject to its determination of eligibility and justification.

5.7 If, at any time during the term of this Agreement, the Subcontractor determines or anticipates that funds will remain unexpended at the conclusion of the Agreement term, the Subcontractor shall notify the City in writing. The Parties shall coordinate to assess the potential reallocation of such funds in a manner that ensures alignment with the service goals of the ERF and maximizes program impact.

5.8 All expenditures made under this Agreement shall be consistent with the legislative intent of the authorizing statute, with a focus on promoting the safety, stability, and wellness of individuals experiencing homelessness in encampments.

ARTICLE 6 - INSURANCE AND

INDEMNIFICATION

6.1 The Subcontractor shall maintain the following insurance coverage, as required by this Agreement, for the duration of its performance of services.

The Subcontractor shall not commence any services until the required insurance, as outlined below, has been obtained. Prior to the commencement of services, the Subcontractor shall provide the City with certificates of insurance and endorsements as evidence of compliance with these requirements. All insurance policies shall include a provision prohibiting cancellation or modification of the policy without at least thirty (30) days' prior written notice to the City.

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A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to the City, or certification to the City that the Subcontractor is self-insured or exempt from the workers' compensation laws of the State of California. The Subcontractor shall execute and provide the City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. Commercial General Liability insurance with carriers acceptable to the City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for bodily injury, personal injury, and property damage. City, its officers, officials, employees, and volunteers shall be named as additional insureds, and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by the City.

C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Subcontractor-owned, non-owned, and hired vehicles used in connection with Subcontractor's provision of the Services. The City, its officers, officials, employees, and volunteers shall be named as additional insureds, and such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by the City.

D. Professional Liability (Errors and Omissions) Insurance appropriate to the Subcontractor's profession, with limits no less than One Million Dollars ($1,000,000) per occurrence or claim, Two Million Dollars ($2,000,000) aggregate.

E. Cyber Liability Insurance with carriers acceptable to the City in the minimum amount of Two Hundred Fifty Thousand Dollars ($250,000) per occurrence and aggregate. This insurance shall cover liability arising from data breaches, network security failures, and other cyber incidents related to the performance of the Services

6.2 The Subcontractor shall defend, indemnify, and hold harmless the City and its elected and appointed officials, employees, and agents from and against any and all claims, losses, and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of Subcontractor, or its officers, employees, and agents in performing the Services.

ARTICLE 7 - CONFLICTS OF INTEREST

7.1 The Subcontractor covenants and represents that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of Services required under this Agreement. The Subcontractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

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7.2 The Subcontractor agrees it is not a designated employee within the meaning of the Political Reform Act because the Subcontractor:

A. Does not make a governmental decision whether to:

(i) approve a rate, rule or regulation or adopt or enforce a City law; (ii) issue, deny, suspend, or revoke any City permit
license, application, certification, approval, order, or similar authorization or entitlement;
(iii) authorize the City to enter into, modify, or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party or to the specifications for such a contract;
(v) grant City approval to a plan, design, report, study, or similar item; (vi) adopt or grant City approval of policies, standards, or guidelines for the City or for any subdivision thereof.

B. Does not serve in a staff capacity with the City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for t h e City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest C ode under Government Code section 87302.

7.3 The Subcontractor acknowledges that it may be required to file a Statement of Economic Interests (Form 700) if it is determined to be a "consultant" within the meaning of the Political Reform Act. The Subcontractor agrees to file such statement if requested by the City and to comply with all applicable requirements regarding disclosure of financial interests

7.4 The Subcontractor shall establish and make known to its agents and employees appropriate safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain.

ARTICLE 8 - GENERAL CONSIDERATIONS

8.1 No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the City to enforce at any time the provisions of this Agreement, or to require at any time performance by Subcontractor of this Agreement, shall in no way be construed to be a waiver of such provision nor to affect the validity of this Agreement or the right of City to enforce the provisions of this Agreement.

8.2 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement, the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party.

8.3 The Subcontractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result

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in City's immediate termination of this Agreement.

8.4 The Subcontractor is, for all purposes under the Agreement, an independent contractor and shall perform the Services as an independent contractor. Subcontractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Subcontractor have any authority, express or implied, to bind City to any obligation.

8.5 This Agreement may be terminated by the City or by Subcontractor in accordance with the terms set forth in the ERF Program Standard Agreement. Upon termination, Subcontractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to the City, copies (in both hard copy and electronic form, where applicable) of all project- related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Subcontractor in performing the Services.

8.6 This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions, or statutes, regulations, or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms, or funding of this Agreement in any manner.

8.7 The Subcontractor shall maintain books, ledgers, invoices, accounts, and other records and documents evidencing costs and expenses related to the Services for a period of five (5) years after the termination of this Agreement. City and HCD shall have the right to review, obtain, and copy all records and supporting documentation pertaining to the performance of Services under the Agreement.

8.8 The Subcontractor agrees to comply with all state and federal laws, rules, and regulations that pertain to constr uction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the ERF program, the Subcontractor, its Subcontractors, and all eligible activities.

8.9 The Subcontractor agrees to comply with the Drug-Free Workplace Act of 1990 (Government Code Section 8350, et seq.) and have or will provide a drug-free workplace.

8.10 This Agreement, including the Exhibits incorporated herein by reference, represents the entire Agreement and understanding between the Parties as to the matters contained herein. Any amendment to this Agreement shall be in writing, approved by City and Subcontractor, and signed by City and Subcontractor.

8.11 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in

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connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California

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

8.13 The Subcontractor shall utilize the local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served, ensuring that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients supported by ERF funding.

8.14 The Subcontractor shall comply with all reporting requirements as detailed in Exhibit C and E of the ERF Standard Agreement, including quarterly reports and a Final Work Product to be submitted by June 30, 2027.

8.15 The Subcontractor acknowledges that HCD maintains sole authority to determine if a Grantee or Subcontractor is acting in compliance with the program objectives and may direct actions to be taken to ensure compliance with this Agreement.

8.16 The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.

ARTICLE 9 - ESCROW ACCOUNT

MANAGEMENT AND REIMBURSEMENT

PROCESS

9.1 With approval from the California Department of Housing and Community Development ("HCD"), and to ensure proper financial oversight, compliance with HCD expenditure guidelines, and the timely disbursement of Encampment Resolution Fund ("ERF") funds, the City has established an escrow account as a controlled financial management mechanism. This account shall serve as the designated holding account for ERF funds, allowing for the payment of contracted services and facilitating advance payments for eligible program activities under the ERF.

9.2 The City’s Housing and Homelessnes s Division shall be responsible for managing and overseeing the escrow account and ensuring full compliance with ERF financial management protocols. This includes reviewing and approving all reimbursement requests prior to submission to the escrow service provider. The Housing and Homelessness Division shall also ensure that all expenditures are consistent with ERF funding guidelines and the approved program budget, and shall maintain all required documentation to support audits, financial reconciliations, and compliance reporting in accordance with HCD and applicable local financial regulations.

9.3 The Subcontractor shall submit detailed reimbursement requests to the City’s Housing and Homelessness Division, accompanied by all required

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supporting documentation. Such documentation shall include, but is not limited to, invoices, receipts, proof of services rendered, and other relevant financial records necessary to substantiate the expenditure. The Housing and Homelessness Division shall review each reimbursement request to ensure compliance with ERF funding guidelines, verify the accuracy and completeness of the submission, and confirm that the requested reimbursement amount does not exceed the available balance in the escrow account. If discrepancies or deficiencies are identified, the reimbursement request shall be returned to the Subcontractor for correction or the submission of additional documentation prior to further consideration.

9.4 Upon verification and approval of a reimbursement request, the Housing and Homelessness Division shall prepare an ERF Reimbursement Request ("Escrow Wire Form"), which shall include the total reimbursement amount, recipient/vendor information, associated invoice numbers, a breakdown of payment categories, and a summary of the disbursement’s purpose. The request shall be subject to final review and approval by authorized City representatives. Once approved, the City shall submit the Escrow Wire Form to the escrow service provider for processing. The escrow service provider shall initiate a wire transfer to the Subcontractor within two (2) business days of receiving the approved request and shall issue a confirmation receipt, including the transaction reference number and payment confirmation details.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR HOMELESS RESOURCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND BENJAMIN E. JONES COMMUNITY RESOURCE CENTER

IN WITNESS WHEREOF, duly authorized representatives of City and Subcontractor have signed in confirmation of this Agreement.

CITY OF SAN BERNARDINO BENJAMIN E. JONES COMMUNITY RESOURCE CENTER

APPROVED BY:

Bill Gallardo
Interim City Manager

Date:

ATTESTED BY:

Paul E. Jones
President/Chief Executive Officer

Date:

Telicia Lopez, CMC
Acting City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP

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EXHIBIT "A" SCOPE OF SERVICES

1. PROGRAM OVERVIEW
The Subcontractor shall implement a comprehensive Rapid Rehousing Program designed to transition sixty (60) individuals experiencing homelessness from the City's designated 5.2-mile prioritized encampment area along Waterman Avenue into stable, permanent housing. The Program shall operate from June 18, 2025, through June 30, 2027, utilizing Housing First principles and low-barrier approaches to maximize housing placement success.

2. ELIGIBILITY AND PARTICIPANT SERVICES
Target Population: Individuals residing in the designated Waterman Avenue encampment corridor, chronically homeless individuals, and high-barrier populations prioritized through coordinated entry and vulnerability assessments.

Eligibility Process: Conduct comprehensive screenings, complete housing assessments and individualized plans, coordinate with City outreach teams, and document determinations in HMIS within 48 hours.

3. HOUSING PLACEMENT AND LANDLORD SERVICES
Housing Search & Navigation: Conduct comprehensive housing searches within San Bernardino, identify available rental units meeting participant needs, assist with rental applications and documentation, coordinate inspections and lease negotiations.

Landlord Engagement: Develop relationships with private landlords and property managers, educate about program incentives, negotiate lease agreements, provide ongoing landlord support and liaison services, market incentive opportunities to expand housing inventory.

Lease-Up Assistance: Coordinate move-in processes including utilities and inspections, arrange transportation for housing searches, assist with furniture acquisition and household setup, ensure compliance with lease requirements and housing quality standards.

4. CASE MANAGEMENT AND SUPPORT SERVICES
Individualized Case Management: Provide intensive case management throughout program participation, develop individualized service plans addressing housing stability goals, conduct bi-weekly check-ins and progress assessments, coordinate crisis intervention and problem- solving support.

Supportive Services Coordination: Link participants to mental health services, substance use treatment, healthcare, employment assistance, benefits enrollment, community resources, transportation, childcare, and other essential services.

Housing Retention Support: Provide ongoing support to maintain housing stability, mediate landlord-tenant issues and prevent evictions, assist with lease renewals and transitions, develop participant self-sufficiency and independent living skills.

5. FINANCIAL ASSISTANCE COORDINATION

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Rental Subsidy Administration: Coordinate with City for rental subsidy payments to landlords, verify rental amounts and Fair Market Rent compliance, process security deposits and move-in cost assistance, monitor payment schedules.

Landlord Incentive Processing: Facilitate incentive payments equivalent to one month's rent, document eligibility and process payment requests, maintain compliance records.

6. DATA MANAGEMENT AND REPORTING
HMIS Management: Enter all participant data into Homeless Management Information System, maintain accurate documentation of services, track housing placements and retention rates, ensure data privacy compliance.

Performance Reporting: Submit monthly progress reports to City Housing and Homelessness Division, track key performance indicators, document challenges and successes, participate in quarterly program reviews.

7. PROGRAM ADMINISTRATION AND OUTCOMES
Staffing & Operations: Maintain qualified staff with rapid rehousing experience, provide training on Housing First principles and trauma-informed care, ensure adequate staffing for 60 participants, maintain regular business hours with emergency availability.

Quality Assurance: Implement service delivery protocols, conduct case file reviews and documentation audits, ensure ERF-3-R grant compliance and HCD guideline adherence, participate in external monitoring.

Program Goals: Achieve 60 permanent housing placements from Waterman Avenue encampment, maintain minimum 80% housing retention rate at 6-month follow-up, demonstrate reduction in returns to homelessness, document successful community reintegration.

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EXHIBIT "B" SCHEDULE OF CHARGES

1. OVERVIEW
The Subcontractor shall implement a Rapid Rehousing Program to transition sixty (60) individuals experiencing homelessness into permanent housing within the City's designated Waterman Avenue encampment area, operating under Housing First principles with low-barrier entry and individualized support services. The total program value is $1,392,432, consisting of $600,000 in direct service compensation to the Subcontractor and $792,432 in rental assistance funds that pass through to landlords with no compensation to the Subcontractor.

All expenditures must align with the program scope defined in Exhibit "A" and meet the allowability criteria of the ERF-3-R Standard Agreement and HCD fiscal guidelines.

2. SUBCONTRACTOR SERVICE BUDGET – CORE PROGRAM IMPLEMENTATION Total: $600,000.00
This section covers staffing, operating, and administrative costs associated with providing supportive housing services to individuals transitioning from the Waterman Avenue encampment.

3. RENTAL ASSISTANCE AND LANDLORD INCENTIVES BUDGET
Total: $792,432.00
This section represents the direct financial assistance portion of the program to support client housing outcomes. Funds will be administered by the subcontractor for rental subsidies and landlord engagement.

Subcontractor Service Budget – Permanent Housing Implementation Sum of Budget Direct Personnel Costs $409,656.00
Case Manager (Specialist) 0.5 FTE - Rate @ $20 $49,920.00 Case Manager (Specialist) 0.5 FTE - Rate @ $25 $62,400.00 Data & Reporting Specialist (HMIS) 0.5 FTE - Rate @ $20 $49,920.00 Housing Navigator 0.5 FTE - Rate @ $27 $75,816.00
Landlord Engagement Specialist 0.5 FTE - Rate @ $35 $87,360.00 Project Manager 0.5 FTE - Rate @ $30 $84,240.00
Program Operating Expenses $104,500.00
Communications (Internet & Phone) $3,500.00
Facility/Office Rent $32,500.00
Insurance $25,000.00
Mileage $19,000.00
Training & Professional Development $24,500.00
Administrative and Support Costs $85,844.00
Client Job Readiness $15,500.00
Indirect Cost $60,000.00
Office Supplies $10,344.00
Grand Total $600,000.00

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4. PAYMENT SCHEDULE AND REPORTING REQUIREMENTS

4.1 Payment Terms
x Monthly reimbursement based on actual expenditures and documented services x Rental assistance payments made directly to landlords within 5 business days of lease execution
x Landlord incentive payments processed within 10 business days of successful housing placement
x All payments subject to submission of required documentation and compliance verification

4.2 Required Documentation
x Monthly expenditure reports with supporting receipts
x HMIS data reports showing participant progress and outcomes x Landlord payment documentation and lease agreement

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EXHIBIT "C" ERF-3 GRANT AUDITING,

REPORTING, AND REIMBURSEMENT TERMS

1. Financial Terms and Program Requirements:

As a Subcontractor of ERF-3-R funds, the organization shall adhere to all provisions established by the California Department of Housing and Community Development (HCD) under the Encampment Resolution Funding Program (Health & Safety Code Sections 50250 – 50254).

Expenditures must align with approved eligible ac tivities under Exhibit B of the ERF Standard Agreement. The expenditures must be reasonable, necessary, and allocable to the ERF program.

2. Reimbursement Requests and Documentation:

Each reimbursement request must be submitted monthly and include the City-issued Reimbursement Coversheet. Submissions must be aligned with the approved budget categories in Exhibit B (Rate Sheet) and contain:
• Subrecipient Name, Agreement Number, Invoice Number
• Reporting Period (Month/Year)
• Total Amount Requested
• Certification Statement signed by an Authorized Official • Itemized supporting documentation (e.g., invoices, payroll, logs, receipts)

The official Reimbursement Coversheet template is attached below and must be used for all monthly submissions.

3. Monthly Billing Requirements:

Monthly submissions must include the following:
• Personnel costs: Timecards, payroll registers, benefits documentation • Case management costs: Client service logs, individualized service plan documentation • Housing navigation costs: Housing search records, lease-up assistance documentation, landlord contact logs
• Operational costs: Office rent receipts, utilities, communications, supplies, insurance invoices • Transportation: Mileage logs for client services, housing searches, and landlord visits • HMIS and technology costs: System licensing fees, equipment purchases/maintenance • Training and professional development: Staff training receipts, certification documentation • Rental assistance payments: Lease agreements, landlord payment records, Fair Market Rent verification
• Security deposits and move-in costs: Deposit receipts, utility connection documentation, move-in assistance records
• Landlord incentive payments: Incentive payment documentation, housing placement verification

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4. Reporting and Performance Monitoring:

Quarterly reports shall include:
• Service data at anonymized, individual level
• HMIS reporting confirmation using HCD-supplied funding codes • Participation in HCD evaluations and final report submission by June 30, 2027

5. Record Retention and Audits:

Records related to expenditures and performance shall be retained for a minimum of five (5) years post-agreement termination. HCD, the City, or their designees reserve the right to audit and review all financial and programmatic records within 30 days’ notice.

6. Breach, Remedies, and Compliance:

Failure to comply with the above requirements may constitute a breach of agreement and may result in withholding of reimbursements. All costs deemed unallowable must be reimbursed to the City or HCD within a timeframe specified by the grantor.

Reimbursement Coversheet Template
This is an example format. The official template for the reimbursement coversheet will be shared by City staff and must be used for all monthly reimbursement submissions.

CITY OF SAN BERNARDINO
ENCAMPMENT RESOLUTION FUND (ERF) – RAPID REHOUSING PROGRAM ERF-3-R

SUBRECIPIENT REIMBURSEMENT REQUEST FORM
(Professional Services Agreement effective June 18, 2025) Agency Name: Date:

Address: Phone:

Invoice No.: Purchase Order:

Period Covered: Account #
Invoice Amount:

FUNDING SOURCE BUDGET AMOUNT
(AWARDED)

CURRENT AMOUNT

REQUESTED FOR

REIMBURSEMENT
TOTAL

REQUESTED

TO DATE - INCL

CURRENT

REMAINING

BALANCE
ERF-3-R $600,000.00 - $ 600,000.00$ 600,000.00$ - $ - $ - $ 600,000.00$ Rounding Error -
Signature of Preparer Email Date
Print Name of Authorized Supervisor, Executive Director, or Board Member Signature of Authorized Supervisor, Executive Director, or Board Member Date For City Use Only: Date Invoice Received Date Reviewed #1 Date Invoice Revised Date Reviewed #2
Review by: Date Reviewed - Final
Invoice Approved by: Invoice Amount Approved
Benjamin E. Jones

ELIGIBLE ACTIVITY
Core Program Implementation
$ - TOTAL PAYMENT REQUEST THIS INVOICE TOTAL
The undersigned certifies that the expenditures identified in this reimbursement request are true, correct, and allowable under the terms of the Professional Services Agreement effective June 18, 2025, and that said expenditures were incurred and paid during the period stated above. Supporting documentation (e.g., invoices, receipts, proof of payment, timecards, payroll registers, case management logs, housing placement records, HMIS reports) is attached as required under 2 CFR Part 200 and the Agreement.

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EXHIBIT "D" WORKERS’ COMPENSATION

INSURANCE CERTIFICATION

Every employer, except the State, shall se cure payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, either as an individual employer or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured ag ainst liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

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EXHIBIT “E’ ENCAMPMENT RESOLUTION FUNDING STANDARD AGREEMENT

This page has been intentionally left blank. Exhibit “E” begins on the following page.

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&EPOB&WBOT

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City of San Bernardino
24-ERF-3-R-100006

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Mayor and City CouncilJune 18, 2025

Mayor and City Council
June 18, 2025