Agenda packet — Mayor and City Council, June 17, 2026 (part 1 of 12)

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

CITY OF SAN BERNARDINO
AGENDA
FORTHE

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

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

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

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

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

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

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JUNE 17, 2026
3:30 PM - CLOSED SESSION 5:00 PM - OPEN SESSION
NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Eric Levitt
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Telicia Lopez
COUNCIL MEMBER, WARD 4 CITY CLERK
Kim Knaus
MAYOR PRO TEM, WARD 5
Mario Flores
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino

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

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Mayor Pro Tem, Ward 5 Kim Knaus
Council Member, Ward 6 Mario Flores
Council Member, Ward 7 Dr. Treasure Ortiz
Mayor Helen Tran
City Manager Eric Levitt
City Attorney Sonia Carvalho
City Clerk Telicia Lopez
3:30 P.M.

CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION pg.19
A.) CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Luis Chairez-Helguera v. City of San Bernardino, et al., United States District Court Case No. :25-cv-01468-JGB-SP ii.) San Bernardino Development Company, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No.

CIVSB2405584
B.) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(1): 1 Item
C.) CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(3): 1 Item
D.) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation – Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(3):
i.) Notice of Claim, Mandeville Modular, Inc., dated March 17, 2026, Claim No.

GHC0095108
Mayor and City Council of the City of San Bernardino Page 3 5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PRESENTATIONS

1. Proclamation for Juneteenth Independence Day in the City of San Bernardino - June 19, 2026 (All Wards) .pg.20

PUBLIC HEARING

2. Adopt Fiscal Year 2026-27 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant Programs (All Wards) pg.22
Recommendation:

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

1. Approve and adopt the Fiscal Year 2026-2027 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs inclusive of all incorporated changes resulting from the public hearing process; and

2. Adopt Resolution No. 2026-067, authorizing the approval, acceptance, and allocation of the Fiscal Year 2026-2027 Annual Action Plan; and

3. Authorize the Director of Finance and Management Services to adjust the Fiscal Year 2026-2027 Budgeted revenues and expenditures, as necessary, to align with the allocations identified in the Fiscal Year 2026-27 Annual Action Plan; and

4. Approve the draft Community Development Block Grant (CDBG) and Emergency Solutions Grant (ESG) subrecipient agreements, to be utilized for the award and administration of funds to eligible subrecipients consistent with the approved Action Plan, as to form, with authorization for modifications to the form as deemed necessary, subject to review and approval by the City Manager, or the City Manager’s designee, and the City Attorney; and

5. Authorize the City Manager, or the City Manager’s designee, to take any further actions and execute any further agreement or documents as necessary to effectuate the submittal and implementation of the Fiscal Year 2026-2027 Annual Action Plan and certification to the U.S. Department of Housing and Urban Development, and execute all agreements and subrecipient agreements for the use of funds approved in the FY 2026-27 Annual Action Plan.

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

3. Quasi-Judicial Hearing - Appeal 26-09 Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 (McDonald’s) (Ward 2) Recommendation: pg.259
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2026-068 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 26-09, thereby upholding the Planning Commission’s denial of Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 and not allowing the request to consolidate six (6) parcels into one (1) parcel to facilitate the development, establishment, and operation of a 3,684 square-foot drive-thru restaurant (McDonald’s) on a parcel containing approximately 0.74 acres, located at 116 W. Baseline Street (APN: 0146-223-22, 23, 24, 25 & 26) within the Commercial General (CG-1) and Transit-Overlay District (TOD) zone (Attachment 1).

2. Adopt Resolution No. 2026-069 of the Mayor and City Council of the City of San Bernardino, California, approving Appeal 26-09, thereby overturning the Planning Commission’s denial of Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 and allowing the request to consolidate six (6) parcels into one (1) parcel to facilitate the development, establishment, and operation of a 3,684 square-foot drive-thru restaurant (McDonald’s) on a parcel containing approximately 0.74 acres, located at 116 W. Baseline Street (APN: 0146-223-22, 23, 24, 25 & 26) within the Commercial General (CG-1) and Transit-Overlay District (TOD) zone (Attachment 3).

4. Commercial Cannabis Business Permit 26-001 - Request to Amend CBP 22- 004 for PTRE Management, LLC located at 225 E. Airport Drive to provide a Change in Location and Transfer of Ownership (Ward 6) pg.433 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Commercial Cannabis Business Permit (CCB) 26-001, Change of Location and Transfer of Ownership from PTRE Management, LLC located at 225 E. Airport Drive to OG Ventures, LLC. located at 1602 W. Highland Ave.

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

5. TEFRA Hearing for the Benefit of SAC Health System, Inc. (Ward 3) Recommendation: pg.449
It is recommended that the Mayor and City Council of the City of San Bernardino, California, following a public hearing under the requirements of the Federal Tax Equity and Fiscal Responsibility Act (TEFRA) and the Internal Revenue (IRS) Code of 1986, as amended (the “Code”), by Resolution:

1. Adopt Resolution No. 2026-070 of the Mayor and City Council of the City of San Bernardino, California, approving the issuance of the California Municipal Finance Authority Revenue Bonds in an aggregate principal amount not to exceed $95,000,000, for the purpose of financing a portion of the costs of the acquisition of a building located at 1003 E. Brier Drive in the City of San Bernardino, California.

6. City Manager’s Proposed Fiscal Year 2026/27 Operating Budget & FY 2027- 2031 Capital Improvement Program (All Wards) pg.459
Recommendation:

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

1. Conduct the Public Hearing on the Proposed Fiscal Year 2026/27 Operating Budget and 2027-2031 Capital Improvement Plan; and

2. Adopt Resolution No. 2026-071 approving the City of San Bernardino’s Fiscal Year 2026/27 Operating Budget and 2027-2031 Capital Improvement Program; and

3. Adopt Resolution No. 2026-072 establishing the City’s Appropriations Limit as required by Article XIIIB of the California State Constitution; and

4. Adopt Resolution No. 2026-073 approving the updated Investment Policy for FY 2026/27; and

5. Approve any modifications made during the Public Hearing to be incorporated into the City of San Bernardino’s Fiscal Year 2026/27 Operating Budget and 2027-2031 Capital Improvement Program and included as part of the adopted budgets.

CITY MANAGER UPDATE

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA We ask that you please observe proper decorum, and do not speak out of turn or make comments from your seat. If you wish to address the Mayor and City Council please be sure to submit a speaker slip. If you speak out of turn or disrupt the meeting a warning may be given and/or you will be asked to leave the meeting pursuant to Government Code Section 54957.9 and Penal Code 403.

CONSENT CALENDAR
Items on the Consent Calendar are Considered Routine and are Voted on in a Single Motion Unless the Mayor and City Council or a Staff Member has Pulled the Item for More Discussion.

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

7. Notice and Call of the General Municipal Election Run-Off pg.552 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions to conduct the General Municipal Run-Off Election on Tuesday, November 3, 2026:

1. Adopt Resolution No. 2026-074 calling for the holding of a General Municipal Run-Off Election to be held on Tuesday, November 3, 2026, for the election of certain officers as required by the provisions of the San Bernardino City Charter;

2. Adopt Resolution No.2026-075 requesting the Board of Supervisors of the County of San Bernardino to consolidate a General Municipal Run-Off Election to be held on Tuesday, November 3, 2026, with the Statewide General Election to be held on the same date pursuant to section 10403 of the Elections Code;

3. Adopt Resolution No. 2026-076 adopting regulations for Candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 3, 2026.

8. Adoption of Ordinance No. MC-1661 Banning Short-Term Rentals (All Wards) pg.568
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1661 amending Section 19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code banning short-term and vacation rentals in the City of San Bernardino.

9. Contract Amendment and Project Status Update for the Accela Land Management Services Project in the Amount of $338,333.33 (All Wards) Recommendation: pg.591
It is recommended that the Mayor and City Council of the City of San Bernardino, California,

1. Approve the following services for the Land Management Project:
a) A Managed Services agreement for Tier 2/3 Accela support for a period of 18 months in an amount not to exceed $180,000; and
b) An Accela OpenCounter subscription for a period of 18 months in an amount not to exceed $158,333.33; for a combined not-to-exceed amount of $338,333.33 Approval is subject to confirmation of the correct contracting party for Managed Services, since the attached scope references TruePoint Managed Services and not simply an amendment to the original Gray Quarter implementation agreement; and

2. Authorize the City Manager, or designee, to sign the agreements, make ministerial revisions and any subsequent amendments to the scope of work without increasing the contract award amount, subject to the review and approval by the City Attorney as to form.

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

10. Approve Disposition and Development Agreement (DDA) with Montebello Housing Development Corporation (MHDC) for the Development of Two Affordable Housing units at 1715 N. Arrowhead Avenue (Ward 2) Recommendation: pg.616
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution no. 2026-077 approving the Disposition and Development Agreement (DDA) between the City of San Bernardino and Montebello Housing Development Corporation (MHDC), a nonprofit affordable housing developer, for the development of approximately 0.15 acres of city-owned surplus land, identified as site 6 for affordable housing; and

2. Authorize the City Manager or designee to execute the DDA, along with any subsequent amendments, extensions, and other necessary documents to complete the transaction.

11. Irrevocable Agreement to Annex No. 2026-389 to Provide City Sewer Services (Ward 6) pg.726
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-078, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 3507 Duffy Street, San Bernardino, California, within the unincorporated community of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

12. Investment Portfolio Report for March 2026 (All Wards) pg.743 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 March 2026.

13. Approval of Amendment No. 2 to the Professional Services Agreement with Hinderliter, De Llamas & Associates for Sales and Use Tax Audit and Recovery Services; Authorization of Fiscal Year 2025/26 Budget Amendment; and Related Fiscal Actions (All Wards) pg.770
Recommendation:

1. Adopt Resolution No. 2026-079 approving Amendment No. 2 to the Professional Services Agreement (“PSA”) with Hinderliter, De Llamas & Associates (“HdL”) for sales and use tax audit and recovery services, clarifying the compensation structure to distinguish fixed base service fees subject to the not-to-exceed (“NTE”) limitation from contingency-based audit recovery fees and related budget amendments; and

2. Authorize the City Manager to execute Amendment No. 2 and any related documents necessary to effectuate its terms.

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

14. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for March 2026 (All Wards) pg.796
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll register and purchasing card transactions for March 2026.

15. Community Facilities District No. 2022-2 (Palm) 2026 Special Tax Bonds (Ward 4) pg.902
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-080,

1. Authorizing the issuance of, not to exceed $3,200,000 aggregate principal amount of Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino 2026 Special Tax Bonds; and

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

3. Making certain determinations relating thereto; and

4. Authorizing certain other actions in connection therewith.

16. Agreement with Loma Linda University Occupational Medicine Center for PreEmployment Medical Screening Services (All Wards) pg.1112 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a professional services agreement with Loma Linda University Occupational Medicine Center (LLU) for Pre-Employment Medical Screening Services.

17. Approving Job Classifications and Amending the City-wide Salary Schedule (All Wards) pg.1330
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-081:

1. Establishing the Housing Case Manager job classification; and

2. Establishing the Housing Navigator job classification; and

3. Establishing the Crime Analyst Supervisor job classification; and

4. Establishing the Code Enforcement Supervisor job classification; and

5. Authorizing the City Manager or their designee to add three (3) grant funded FTE to the Community Development & Housing Department for Fiscal Year 2026/27; and

6. Amending the City-Wide Salary Schedule for full-time, part-time, temporary, and seasonal positions.

Mayor and City Council of the City of San Bernardino Page 9

18. Side Letter Agreement with SBPOA Regarding Assistant Watch Commander Pay (All Wards) pg.1344
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-082, approving a Side Letter Agreement to the 2020-2025 Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), adding Article III - Compensation, Section 10: Assistant Watch Commander Pay.

19. Approve the Results of RFP F-26-1048 for Citywide Wide Area Network (WAN) and Managed Fiber Services and Authorize an Amendment and Service Order with Spectrum for a 60-month term not to exceed $275,000 annually (All Wards) pg.1351
Recommendation:

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

1. Approve the Results of RFP F-26-1048 and authorize the City Manager to execute amendment No. 1 to the service agreement authorized by Resolution No. 2022-44; and

2. Execute an associated 60-month service order with Charter Communications Operating, LLC (Spectrum Business) to expand network services for City departments and establish room for bandwidth expansion in an annual amount not to exceed $275,000.

20. Approve a Professional Services Agreement with Data Ticket, Inc. for Parking Citation Processing Services for a Term Beginning July 1, 2026, through June 30, 2030 (All Wards) pg.1413
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-083 authorizing the City Manager to execute a Professional Services Agreement with Data Ticket, Inc. for parking citation processing services beginning July 1, 2026, through June 30, 2030.

21. First Amendment to the Inland Center Mall Substation Lease Agreement (Ward 1) pg.1496
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the First Amendment to the Inland Center Mall Substation Lease Agreement extending the lease to January 2032 under the same terms and conditions.

22. Accepting the Baseline Street Safe Streets and Roads for All (SS4A) Safety Study Report (Wards 1,2, 6) pg.1524
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-084 of the Mayor and City Council of the City of San Bernardino, California, accepting the Baseline Street Safe Streets and Roads for All (SS4A) Safety Study Report and authorizing staff to utilize the study findings and recommendations in support of future transportation safety improvement projects and grant funding applications.

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

23. Award Design Services Agreement for the California Theatre Parking Structure (3-Level) Rehabilitation Project to IDS Group, Inc. in the amount of $114,980 and a Contingency of $10,020 for a Total Amount of $125,000 (Ward 1) pg.1660
Recommendation:

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

1. Approve the award of a Design Services Agreement with IDS Group, Inc. in the amount of $114,980 for the California Theatre Parking Structure (3-Level) Rehabilitation Project; and

2. Authorize a contingency amount of $10,020, bringing the total project budget to $125,000; 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.

24. Award of Construction Agreement to Leonida Builders, Inc. for Storm Drain Improvements at W Hill Drive in the amount of $495,350.00 and Contingency of $74,000.00 for a Total Amount of $569,350.00 (Ward 4) Recommendation: pg.1759
It is recommended that the Mayor and City Council of the City of San Bernardino, California to:

1. Approve the award of a Construction Agreement with Leonida Builders, Inc., in the amount of $495,350.00 for the Storm Drain Improvements at W Hill Drive (Project); and

2. Authorize the construction contingencies, construction management, and administrative costs in the total amount of $74,000.00 for the Project, bringing the total Project budget to $569,350.00; and

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

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

Mayor and City Council of the City of San Bernardino Page 11

25. Award of Construction Agreement to Matich Corporation, for the Pavement Rehabilitation at Six Major Locations in the amount of $9,121,210.00 (Project No. 13682) (Wards 1,2,3,5,6,7) pg.1811
Recommendation:

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

1. Approve the award of the Construction Agreement with Matich Corporation, in the amount of $9,121,210.00 for the Pavement Rehabilitation at Major Arterial Entrances (Project); and

2. Authorize the Project construction, construction contingencies, construction management, staff administrative costs, and independent soil and pavement testing, in the total amount of $1,378,790 for construction of the Project; and

3. Adopt Resolution No. 2026-085 authorizing the Director of Finance and Management Services to amend the FY 2025/26 Capital Improvement Plan (CIP) budget by appropriating an additional $2,529,665.28 in SB 1 (RMRA Gas Tax) funds and $500,000.00 in Gas Tax funds from ADA ramp improvements and amend the FY 2025/26 revenue and expenditure budget by appropriating $117,583.82 from the In-Lieu Fee Account for the Project; and

4. Authorize the City Manager or designee to execute all documents with Matich Corporation; and

5. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the Project.

26. Award of Professional Services Agreement to EnviroCare Consulting, Inc. for Woolworth Building Phased Environmental Services in a Not-toExceed Amount of $42,749, and Award of Construction Agreement to Resource Environmental, Inc. for Woolworth Building Fire Damage Debris Removal in the Amount of $272,000 and Contingency of $150,000 for a Total Amount of $464,749 (Ward 1) pg.1896
Recommendation:

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

1. Approve the award of a Professional Services Agreement and authorize the City Manager or designee to execute an agreement with EnviroCare Consulting, Inc. in a not-to-exceed amount of $42,749 for phased environmental assessment, monitoring, and clearance services for the Woolworth Building; and

2. Approve the award of a Construction Agreement and authorize the City Manager or designee to execute an agreement with Resource Environmental, Inc. in the amount of $272,000 for Woolworth Building fire damage debris removal (interior demolition/cleaning); and

3. Authorize construction contingency in an amount of $150,000 for unforeseen conditions related to the Woolworth Building fire damage debris removal project, bringing the total debris removal amount to $422,000; and
Mayor and City Council of the City of San Bernardino Page 12

4. Adopt Resolution No. 2026-086 authorizing the Director of Finance and Management Services to amend the FY 2025/26 budget to establish the Woolworth Building fire damage cleanup and environmental services project and appropriate $464,749 from Measure S funds for the project, as the project is not currently included in the Capital Improvement Program (CIP).

27. Request to Increase Payment Authorization for the Enterprise Fleet Master Equity Lease Agreement for Fiscal Year 2025-2026 and Establish Future Fiscal Years Payment Authorization Contingency (All Wards) Recommendation: pg.2053
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-087,

1. Authorizing the Director of Finance and Management Services to approve an increase to the Fiscal Year 2025-2026 payment authorization for the Enterprise Fleet Master Equity Lease Agreement in the amount of $464,389.21, increasing the total authorized amount to $2,393,517.73, for delayed down payment obligations and ongoing lease payments; and

2. Beginning in FY 2026-27, authorize a contingency of up to 5% within the Council-approved payment authorization for Enterprise Lease-related charges, subject to available budget, purchasing requirements, City Manager and Finance review.

28. Resolution Approving of Cooperative Agreement No. 25-1003340 between the City of San Bernardino and the San Bernardino County Transportation Authority (SBCTA) for the Project Report and Environmental Document, Plans, Specifications and Estimates (PS&E), and Right-of-Way (ROW) Acquisition, and SBCTA Project Management for the Del Rosa Avenue / State Route 210 Interchange Improvements Project (Wards 2,7) pg.2088 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-088;

1. Approving Cooperative Agreement No. 25-1003340 between the City of San Bernardino and the San Bernardino County Transportation Authority (SBCTA) for the Project Report and Environmental Document, Plans, Specifications and Estimates (PS&E), and Rightof-Way (ROW) Acquisition, and SBCTA Project Management for the Del Rosa Avenue / SR-210 interchange; and

2. Authorizing the Director of Finance and Management Services to record a budget adjustment in Measure I Fund 129 in the amount of $1,277,600 for FY 27/28 for Project Report and Environmental Document, Plans, Specifications and Estimates (PS&E), and Rightof-Way (ROW) Acquisition, and SBCTA Project Management; and

3. Authorizing the City Manager to execute the Cooperative Agreement and any necessary administrative documents to implement the project in accordance with the terms of the agreement.

Mayor and City Council of the City of San Bernardino Page 13

29. Resolution Declaring Intent to Conduct a Public Hearing on August 19, 2026, to Consider Adjusting the Maximum Permitted Service Rates for Solid Waste, Recycling, Organic Waste Collection, Processing, and Disposal Services (All Wards) pg.2111
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-089, declaring its intention to conduct a public hearing on August 19, 2026, to consider adjusting the maximum permitted service rates for solid waste, recycling, organic waste collection, processing, and disposal services.

30. Resolutions Adopting List of Projects under SB1 2026/2027 Road Maintenance Program, Recording Supplemental Appropriations in the amount of $6,260,418.00 (All Wards) pg.2274
Recommendation:

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

1. Resolution No. 2026-090 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2026/27 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017; and

2. Resolution No. 2026-091 authorizing the Director of Finance and Management Services to amend the FY 2026/27 Capital Improvement Plan Revenue budget to allocate $6,260,418 in SB1 funding to the Pavement Rehabilitation for 36 Centerline Miles in the City of San Bernardino – Phase I (Project No. 13685) project.

31. Revised Five-Year Capital Improvement Plan FY 2025/26 to FY 2029/30 for Measure I Local Street Program Expenditures (All Wards) pg.2194 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-092 approving the Revised Measure I Five-Year Capital Improvement Plan for Fiscal Year 2025/26 through Fiscal Year 2029/30 (MICIP) and Measure I Expenditure Strategy.

Mayor and City Council of the City of San Bernardino Page 14

DISCUSSION

32. Adopt Resolutions Implementing Brown Act Updates Related to Senate Bill 707 pg.2302
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt resolutions in accordance with Senate Bill 707 Brown Act Updates:

1. Adopt Resolution No. 2026-093 Approving a Technology Disruption Policy; and

2. Adopt Resolution No. 2026-094 Determining “reasonable efforts” for outreach to encourage participation in City Council meetings.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on July 15, 2026 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410.

Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

Mayor and City Council of the City of San Bernardino Page 15

CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the June 17, 2026, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, 92401 at the Norman F. Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410 and on the City's website sbcity.org on Friday, June 12, 2026.

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

Telicia Lopez, CMC, City Clerk
Mayor and City Council of the City of San Bernardino Page 16 NOTICE:

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.

In accordance with Resolution No. 2018-89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

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

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

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

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

Rule 5. Time Limits:

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

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

Mayor and City Council of the City of San Bernardino Page 17 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three-minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. (Must provide a minimum of 15 copies) The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

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

Mayor and City Council of the City of San Bernardino Page 18 ALTERNATE MEETING VIEWING METHOD:

If there are any technicalissues withthelivestream orrecordingfrom the main agendaportalor if you requirean optionwith ClosedCaptioning,you may view themeetingfrom thefollowinglocation (TV3). https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6

PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:

Written comments can be emailed to [email protected]. Written public comments received up to one hour and thirty minutes before the posted start time of the meeting, on the meeting day will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup .

Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically less than one hour and thirty minutes before the posted start time will not be accepted.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909-998-2680 or [email protected] for assistance outside of this timeframe. Written correspondence submitted after the deadline will be provided to the Mayor and City Council at the following regular meeting.

MEETING TIME
NOTE: Pursuant to ResolutionNo.2024-029,adoptedby theMayorand City Council on February21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00P.M. on the same day it began.At 9:00 P.M.,the Mayorand City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00P.M.and will continue all other items on which additional time is required until a future Mayor and City Council meeting. Amajority vote of the Council is required to extend a meeting beyond 10:00P.M.to discuss specified items.”

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: June 17, 2026
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney's Office
Subject: CLOSED SESSION
Recommendation:

A.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Luis Chairez-Helguera v. City of San Bernardino, et al., United States District Court Case No. :25-cv-01468-JGB-SP
ii.) San Bernardino Development Company, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2405584 B.) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(1):
1 Item
C.) CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation – Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(3):
1 Item
D.) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(3):
i.) Notice of Claim, Mandeville Modular, Inc., dated March 17, 2026, Claim No. GHC0095108
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: June 17, 2026
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Juneteenth Independence Day in the City of San Bernardino - June 19, 2026 (All Wards)

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PROCLAMATION OF

THE MAYOR & CITY COUNCIL
PROCLAIMING JUNE 19, 2026, AS

JUNETEENTH INDEPENDENCE DAY

IN THE CITY OF SAN BERNARDINO
WHEREAS, on June 19, 1865, Union soldiers arrived in Galveston, Texas, and announced the end of the Civil War and the emancipation of all enslaved people, more than two and a half years after President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, making this day one of the most significant moments in American history; and
WHEREAS, Juneteenth, also known as Freedom Day, Jubilee Day, and Emancipation Day, represents the long-awaited fulfillment of the promise of freedom and equality for African Americans, and stands as a powerful symbol of resilience, perseverance, and the enduring pursuit of justice; a
WHEREAS, on June 17, 2021, President Joseph R. Biden signed the Juneteenth National Independence Day Act into law, establishing June 19th as a federal holiday, recognizing the profound importance of this day in the history of the United States of America; and
WHEREAS, the City of San Bernardino is home to a proud and vibrant African American community whose contributions to the culture, history, economy, and civic life of our city have been immeasurable and whose stories of strength and triumph deserve to be honored, celebrated, and preserved; and
WHEREAS, the observance of Juneteenth serves as a powerful reminder of the ongoing work needed to dismantle systemic racism, promote equity, and ensure that the promise of freedom and justice is fully realized for all people regardless of race, background, or circumstance; and
WHEREAS, the City of San Bernardino will honor the spirit of Juneteenth with a celebration on June 18, 2026, at the Sizzlin' Summer Nights Concert Series, bringing the community together in the joy, culture, and legacy of freedom that Juneteenth represents.

NOW, THEREFORE BE IT PROCLAIMED THAT, the Mayor and City Council of the City of San Bernardino, do hereby proclaim June 19, 2026, as Juneteenth Independence Day in the City of San Bernardino, and call upon all residents to reflect upon the significance of this historic day, honor the legacy of those who fought for freedom and equality, and join in the celebration on June 18th at the Sizzlin' Summer Nights Concert Series as we recommit ourselves to the ongoing pursuit of justice, unity, and opportunity for all.

Presented on the 17th day of June 2026
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: June 17, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Adopt Fiscal Year 2026-27 Annual Action Plan for the Community Development Block Grant, HOME Investment
Partnership and Emergency Solutions Grant Programs (All Wards)
Recommendation:

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

2. Adopt Resolution No. 2026-067, authorizing the approval, acceptance, and allocation of the Fiscal Year 2026-2027 Annual Action Plan; and

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City Manager's Comments
Staff is proposing the 2026-2027 Annual Action Plan for the Community Development Block Grant, HOME investment Partnership and Emergency Solutions Grant Programs.

Executive Summary
The United States Department of Housing and Urban Development (HUD) provides Community Development Block Grant (CDBG), Emergency Solution Grant (ESG), and HOME Investment Partnership Program (HOME) funds annually to the City based on a formula calculation to help develop viable urban communities improve the lives of low- to moderate-income residents. Funds are also used to create economic opportunities, provide assistance to homeless individuals and families, and develop affordable housing. Per HUD regulations, the City seeks to conduct a second Public Hearing to approve and adopt the Fiscal Year 2026-2027 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs inclusive of all incorporated changes resulting from the public hearing process held on May 6, 2026.

Background
The City of San Bernardino (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). The funds are made available to provide decent housing, suitable living environments, and expanded economic opportunities, principally for low- and moderate-income persons. Each year, the City prepares an Annual Action Plan (AAP), which describes how the City will spend its federal CDBG, HOME, and ESG funds that it expects to receive from HUD.

The Fiscal Year 2026-27 (FY2026-27) AAP is intended to recognize and accept the new FY 2026-27 HUD allocation of CDBG, HOME, and ESG funding and allocate these funds to activities that will address the strategies and objectives identified in the City’s 2025-29 HUD Consolidated Plan that was approved by the City Council on May 15, 2025.

On May 6, 2026, the City conducted an initial public hearing to obtain citizens’ comments on the proposed Fiscal Year 2026-27 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs. The City Council directed staff to allocate available Community Development Block Grant (CDBG) funding designated for Public Facilities and Infrastructure Improvements toward the installation of prefabricated restroom units, with Perris Hill Park and Wildwood Park identified as priority locations for potential implementation.

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Discussion
To receive federal funding from HUD, the City must submit an AAP that identifies the proposed activities that will be used to address the priority needs and specific goals identified in the City’s 2025-2029 (Five-Year) Consolidated Plan.

For FY 2026-27, the City has been allocated $2,746,734 in CDBG funds, $1,161,844.19 in HOME funds, and $238,382 in ESG funds. Subject to federal regulations, CDBG, HOME, and ESG funding may be used to support a range of eligible activities, including homeowner assistance, emergency shelter and homelessness prevention, housing preservation and development, economic development initiatives, capital improvements, public services, fair housing activities, and program administration.

Community Development Block Grant (CDBG)
The allocation for the CDBG FY 2026-27 program year is approximately $2,746,734, of which $549,346.00 is allowed for program administration. The primary objective of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities, principally for persons of low and moderate-income.

During the application period for CDBG, the city received 11 applications from the community. Staff reviewed the submissions and recommended awarding funding to the San Bernardino Police Department, Neighborhood Housing Services of the Inland Empire, Family Service Association, and the Inland Fair Housing Mediation Board for their respective programs. A full list of applicants can be found in Attachment 3.

Table 1:

Community Development Block Grant (CDBG) Funds
Funding Sources Amount
FY 26/27 Allocation $2,746,734.00
FY 25/26 Reallocation $24,692.40
Total: $2,771,426.40
Proposed Funding Activity Amount
Administration and Loan Repayment
Administration $549,346.00
Section 108 Payment $652,290.90
Subtotal $1,201,636.90
Public Service Programs
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Fair Housing $70,000.00
SB Police Department $195,000.00
Neighborhood Housing Services of Inland Empire $40,000.00 Family Services Association $41,500.00
Subtotal: $346,500.00
Public Facility Projects
Perris Hill Park (FY 26/27 Allocation) $1,198,597.10
Perris Hill Park (FY 25/26 Reallocation) $24,692.40
Subtotal: $1,223,289.50
Grand Total: $2,771,426.40
Table 2:

FY 25/26 CDBG Reallocation Funds
Projects Amount
Cedar House Life Change Center $24,692.40
The FY 2026–27 Annual Action Plan includes the reallocation of $24,692.40 in prioryear unspent CDBG funds resulting from Cedar House Life Change Center’s withdrawal from the CDBG program.

Of the projects listed in Table 1, above, Administration costs consist of expenses related to the overall management and oversight of the Community Development Block Grant (CDBG) program. These costs include activities such as program planning, budgeting, reporting to the U.S. Department of Housing and Urban Development (HUD), monitoring for regulatory compliance, financial management, and coordination of funded projects. Administrative costs also cover staff time and support services necessary to ensure the program is properly implemented in accordance with federal requirements. This includes activities such as preparing and submitting required reports to HUD, maintaining financial and program records, conducting environmental reviews, ensuring compliance with labor standards and fair housing regulations, coordinating citizen participation processes, and responding to monitoring or audit requests. It may also include legal, accounting, and procurement support, as well as staff oversight of subrecipients and contractors to ensure all CDBG-funded activities meet applicable federal guidelines.

The Section 108 repayment activity is an ongoing CDBG obligation for a 17.43-acre commercial property located on Highland Avenue between Arden Street and Guthrie Street. The City is moving forward with the sale of the property to a developer who will build a multi-tenant commercial shopping center.

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The City funds the Inland Fair Housing Mediation Board (IFHMB) to provide Fair Housing and Landlord/Tenant mediation services. In FY 2025-2026, IFHMB provided fair housing services to over 1,200 persons with landlord/tenant mediation services.

Public service provided by the San Bernardino Police Department includes outreach and service delivery initiatives focused on assisting the unhoused population in the City of San Bernardino. This program focuses on those experiencing homelessness, those at risk of becoming homeless, and individuals facing challenges to housing stability. Its goal is to enhance access to services for the unhoused community by expanding outreach efforts and ensuring that individuals receive the necessary support and referrals.

The public facility project includes improvements at Perris Hill Park through the installation of prefabricated, ADA-compliant restroom facilities and accessible paths of travel as required. Housing and Homeless Services staff met with Parks and Recreation and Public Works staff to evaluate project feasibility and identify the most suitable location for the allocation of these funds. Based on the assessment and feedback received, Perris Hill Park was determined to be the preferred project site due to the demonstrated need for additional restroom facilities at the park.

Selection of the Perris Hill Park location also provides administrative efficiencies, as the proposed restroom improvements are located within the same park, allowing for more streamlined project management, implementation, and oversight. In addition, a third restroom facility at Perris Hill Park is planned for improvement through non-CDBG funding sources. Concentrating these investments at a single location will result in a more comprehensive enhancement of restroom infrastructure and improve accessibility and service levels for park users.

These improvements are intended to expand access to clean, safe, and accessible public restrooms amenities within City parks. The park improvement is anticipated to enhance public accessibility, park usage, community health and safety and overall quality of life for residents.

HOME Grant
The allocation for HOME for FY2026-27 is $1,161,844.19 with $116,184.00 allowed for program administration. The objectives of the program are:
• To strengthen the ability of state and local governments to design and implement strategies for achieving adequate supplies of decent, affordable housing.
• To provide assistance to participating jurisdictions for the development of affordable housing.
• To strengthen partnerships among all levels of government and the private sector.

This table shows the proposed fund activities and the final recommendations for HOME Packet Page. 26
based on the HUD allocation and the City Council direction:

HOME Investment Partnership (HOME) Funds
Proposed Funding Activity Amount
Administration
Administration $116,184.00
Subtotal $116,184.00
Affordable Housing Projects/Programs
Affordable Housing Projects $1,045,660.19
Subtotal: $1,045,660.19
Grand Total: $1,161,844.19
HOME funds will be used to support an affordable housing programs and projects. At this time, no specific affordable housing project has been selected for the use of HOME funds. Once a project is identified and recommended for funding, it will be brought before the City Council for review and approval in accordance with HUD requirements and the City’s Consolidated Plan.

Emergency Solutions Grant (ESG)
The City’s total allocation for FY2026-27 ESG is $238,382.00 of which $17,878.65 is allowed for administration. The remaining $220,503.35 can be directed towards programs that provide:

1. Engagement of individuals and families living on the streets.

2. Improvement of homeless shelters and operation of shelters.

3. Rapid re-housing of homeless persons, and;

4. Homelessness prevention for families and individuals at risk of becoming homeless.

This table shows the proposed fund activities and the final recommendations for ESG based on the HUD allocation and the City Council direction:

Emergency Solutions Grant (ESG) Funds
Proposed Funding Activity Amount
Administration
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Administration $17,878.65
Subtotal $17,878.65
Public Service Programs
Salvation Army $220,503.35
Subtotal: $220,503.35
Grand Total: $238,382.00
The Salvation Army will utilize Emergency Solutions Grant (ESG) funds to support emergency shelter operations and essential services for approximately 150 individuals experiencing homelessness. Funding will address housing instability, homelessness, and long-term housing stability by supporting operational and essential service costs associated with the provision of emergency shelter, including Homeless Management Information System (HMIS) data entry and administration. In addition, ESG funds will support rapid re-housing assistance, street outreach services, and homelessness prevention activities designed to help individuals and families obtain and maintain stable housing and avoid future episodes of homelessness.

Strategic Targets and Goals
The funding recommendations will meet Key Target No. 2: Focused, Aligned Leadership and Unified Community by developing and implementing a community engagement plan and building a culture that attracts, retains, and motivates the highest quality talent; Key Target No. 3: Improved Quality of Life by reducing the burden of homelessness through engagement, collaboration, and alignment with other entities.

Fiscal Impact
Approval of the FY 2026-2027 Annual Action Plan will authorize the allocation and administration of approximately $4.15 million in federal HUD funding, including approximately $2.75 million in Community Development Block Grant (CDBG) funds, $1.16 million in HOME Investment Partnership (HOME) funds, and $238,000 in Emergency Solutions Grant (ESG) funds. There is no direct impact to the General Fund, and all recommended activities will be funded through federal grant revenues.

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

2. Adopt Resolution No. 2026-067, authorizing the approval, acceptance, and allocation of the Fiscal Year 2026-2027 Annual Action Plan; and

4. Approve the draft Community Development Block Grant (CDBG) and Emergency Solutions Grant (ESG) subrecipient agreements, to be utilized for the award and administration of funds to eligible subrecipients consistent with the approved Action Plan, subject to review and approval by the City Manager, or the City Manager’s designee, and the City Attorney; and

5. Authorize the City Manager, or the City Manager’s designee, to take any further actions and execute any further agreements or documents as necessary to effectuate the submittal and implementation of the Fiscal Year 2026-2027 Annual Action Plan and certification to the U.S. Department of Housing and Urban Development, and execute all agreements and subrecipient agreements for the use of funds approved in the FY 2026-27 Annual Action Plan.

Attachments
Attachment 1 FY 2026-2027 Annual Action Plan
Attachment 2 AAP 26-27 Presentation
Attachment 3 PSA Applications
Attachment 4 Public Hearing Proof of Publication
Attachment 5 CDBG Subrecipient Agreement
Attachment 6 ESG Subrecipient Agreement
Attachment 7 Resolution 2026-067
Ward:

All Wards
Synopsis of Previous Council Actions:

June 18, 2025, Mayor and City Council approved the City’s Consolidated Plan for 2025-2029.

May 6, 2026, First Public Hearing to obtain citizens’ comments on the proposed Fiscal Year 2026-27 Annual Action Plan for the Community Development Block Grant, HOME Investment
Partnership, and Emergency Solutions Grant Programs
CC: Eric Levitt, City Manager
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Packet Page. 30
1 Table of Contents
Executive Summary.......................................................................................................................................1 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................1 PR-05 Lead & Responsible Agencies – 91.200(b)......................................................................................7 AP-10 Consultation – 91.100, 91.200(b), 91.215(l)...................................................................................9 AP-12 Participation – 91.105, 91.200(c) .................................................................................................17 Expected Resources....................................................................................................................................21 AP-15 Expected Resources - 91.220(c)(1,2)............................................................................................21 Annual Goals and Objectives......................................................................................................................27 AP-35 Projects - 91.220(d) ......................................................................................................................32 AP-38 Project Summary ..........................................................................................................................33 AP-50 Geographic Distribution - 91.220(f) .............................................................................................43 Affordable Housing .....................................................................................................................................44 AP-55 Affordable Housing - 91.220(g) ....................................................................................................44 AP-60 Public Housing - 91.220(h) ...........................................................................................................46 AP-65 Homeless and Other Special Needs Activities - 91.220(i) ............................................................48 AP-75 Action Plan Barriers to Affordable Housing - 91.220(j)................................................................54 AP-85 Other Actions - 91.220(k) .............................................................................................................56 Program Specific Requirements..................................................................................................................58 Packet Page. 31
1 Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
This Annual Action Plan covers the 2026-2027 fiscal year for the City of San Bernardino’s Five-Year Consolidated Plan. The Annual Action Plan outlines how the City will use its HUD formula grant funds throughout the year to address priority housing and community development needs identified throughout that planning process. The Consolidated Plan identified the following priority needs through data collection, community outreach, and analysis that will serve to govern the trajectory of HUD funding for the next five years:
• Preserving and rehabilitating housing
• Development and Preservation of Affordable Housing and Expanded Housing Types • Increase in Affordable Housing Options
• Provide Homeless Prevention Services
• Infrastructure Improvements
• Strategic Resource Planning and Community Resilience
• Fair housing
• Administration and Planning
The City is an entitlement jurisdiction and receives federal funding from the U.S. Department of Housing and Urban Development (HUD). The City receives funds through the Community Development Block Grant (CDBG) Program, the HOME Investment Partnerships Program (HOME), and the Emergency Solutions Grant (ESG) program. HUD funding is used to directly aid the community in specific ways, depending on the program. The City annually receives CDBG entitlement program funds in the amount of $2,746,734, which provides formula funding to address community development needs. A minimum of seventy percent of gross funding must be used to serve low- to moderate-income households. Eligible activities must meet one of the following national objectives for the program:
• Benefit low- and moderate-income persons.
• Prevent or eliminate slums or blight.
• Address community development needs, having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, for which other funding is not available.

The City annually receives HOME Investment Partnership Program funds in the estimated amount of $1,161,844.19, which provides formula grant funding for a range of activities, including building, Packet Page. 32
2 purchasing, and rehabilitating affordable housing for rent or homeownership, and providing direct rental assistance to low-income households. The program’s flexibility allows HOME funding to be used for grants, direct loans, loan guarantees, or other forms of credit enhancements, rental assistance, or security deposits to promote homeownership and home security.

The City annually receives ESG Program funds in the estimated amount of $238,382, which provides formula grant funding to engage homeless individuals and families living on the street, rapidly re-house homeless individuals and families, help operate and provide essential services in emergency shelters for homeless individuals and families, and prevent individuals and families from becoming homeless.

2. Summarize the objectives and outcomes identified in the Plan Throughout the application process, data collection, and community outreach initiatives, the City has identified pivotal housing and community development needs in accordance with HUD regulations. Each FY 2026-2027 application was evaluated based on the priorities identified in the Consolidated Plan Needs Assessment, the Market Analysis, community input obtained through the citizen participation process, the Analysis of Impediments, and the availability of data resources.

Based on these components, preserving and rehabilitating housing, developing and preserving affordable housing, expanding housing types, and increasing affordable housing options have become the City's highest-priority needs. According to resident feedback during the Consolidated Plan planning, the most pressing concerns of the City are:
• Preserving and rehabilitating housing
• Development and Preservation of Affordable Housing and Expanded Housing Types • Increase in Affordable Housing Options
• Provide Homeless Prevention Services
• Infrastructure Improvements
• Strategic Resource Planning and Community Resilience
• Fair housing
Priorities Objectives/Goals
The following goals outlined in the Consolidated Plan will be implemented during the FY 26-27 Annual Action Plan:

1. Preserving and rehabilitating housing: The City is funding its Owner-Occupied Rehabilitation Project to rehabilitate owner-occupied LMI homes.

2. Development and Preservation of Affordable Housing and Expanded Housing Types: The City will continue to support affordable housing projects in various surplus vacant parcels.

3. Increase in Affordable Housing Options: The City will continue to support ADU’s and Infill affordable housing projects in various locations city-wide.

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3 4. Provide Homeless Prevention Services: The city intends to support the San Bernardino PD Quality of Life Team and the Salvation Army to provide homeless services.

5. Infrastructure Improvements: Fund public facilities projects to comprehensively improve the safety, accessibility, and quality of life in low-income and the surrounding neighborhoods by completing park and recreation improvements, street surface reconstruction including sidewalks, curbs, stormwater facilities, remove barriers by supporting accessibility projects.

6. Strategic Resource Planning and Community Resilience: Section 108 Loan Repayment Program to pursue physical and economic revitalization that will provide an estimated 600 jobs.

7. Fair Housing: Support fair housing services, landlord/tenant mediation, and housing counseling services. Implement a City Tenant Protection Pilot Program.

Summary of some of the findings used to determine priority need:

Preserving and rehabilitating housing
The City of San Bernardino has a relatively old housing stock, with about 65% of occupied housing units built before 1980. In general, housing begins to require major repairs after 30 or 40 years of age.

Those repairs could include important health and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom or kitchen plumbing, and insulation. Many low- to moderate-income households may be unable to afford these needed repairs. Community engagement efforts also identified a need for housing rehabilitation. Furthermore, engagement through the Owner Occupied Rehabilitation Program (OORP) has identified many residential homes requiring more than $20,000.00 in repairs to address code deficiencies and improve living conditions for low-income households.

Development and Preservation of Affordable Housing and Expanded Housing Types The City has a significant mismatch between housing supply and affordability. There is an affordable housing supply gap of 80% for renter households earning between 0 and 30% AMI and a 22% gap for households earning between 30 and 50% AMI. Additionally, 16,875 low-income renter households are paying more than 30 percent of their income toward housing costs Increase in Affordable Housing Options
The City’s housing market has changed over the last ten years. In 2015, the median home value in the City was $159,800 and increased to $272,600 (71 percent) by 2020. Meanwhile, median income has increased by 33 percent to $49,287. While wages have increased, they have not increased enough to match the pace of housing purchase costs. Median contract rent, on the other hand, has increased by 19 percent, from $813 to $970.

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4 Provide Homeless Prevention Services
The latest 2025 PIT count revealed 3,837 homeless adults and children, 2,636 of whom are unsheltered. This was almost a 10% decrease from the previous year’s 4,255 homeless individuals, 3,055 of which were unsheltered. Discussions with the San Bernardino County Homeless Partnership identified that homeless individuals require services to alleviate or prevent homelessness.

Infrastructure Improvements
Community engagement efforts found that the top needs for Public Improvements are street/alley/sidewalk, street lighting, traffic calming for safety, tree planting and urban greenery, parks, safe routes to school, graffiti removal, and water/sewage improvements.

Strategic Resource Planning and Community Resilience
Enhancing the ability to protect lives and property, reduce long-term operating costs for low to moderate-income persons, improve long-term economic stability, and community well-being was found to be a need during community engagement of the Consolidated Plan and Analysis of Impediments.

Fair housing
Discrimination based on housing was mentioned repeatedly in the community needs survey as a barrier to equal access and fair housing.

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

Actions and implementation below are taken from FY 2024-25 CAPER.

Fair Housing: The City funded the Inland Fair Housing Mediation Board (IFHMB) using CDBG funds to help residents with landlord-tenant issues, provide education about housing rights, and help with eviction issues, security deposits, and foreclosure concerns. 2,161 people received assistance, of which almost all were low to moderate-income residents.

Public Facilities and Infrastructure: The City completed sidewalk improvements in several neighborhoods, on 10th Street, 49th Street, and the Rialto Avenue corridor. These areas serve about 275,790 residents, over 60% are low to moderate-income.

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5 Economic Development: The City funded programs that help small businesses start and grow. Activities consisted of workshops and training for business owners, microenterprise assistance, and implementation of the Section 108 Loan Repayment Program. These activities helped at least 25 entrepreneurs, 8 businesses directly, and created and retained 17 jobs.

Homeless and Homeless Prevention Services: The City funded programs and partnerships to assist people experiencing homelessness, activities included outreach through the quality-of-life team, emergency shelter, housing stability programs, and homelessness prevention financial assistance. Results included 132 people assisted through outreach, 60 people assisted through emergency shelter, and 31 people assisted through homelessness prevention.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

The City publicly advertised the availability of CDBG and ESG funds through a Notice of Funding Availability, in English and Spanish, on the City of San Bernardino website and published in the Sun and El Chicano on December 1, 2025. A Neighborly Portal Webinar was held on December 12, 2025, at 10:00 am to aid recipients with the application process. The first public hearing was held on May 6, 2026, with the Mayor and City Council to approve the Draft FY 2026-2027 Annual Action Plan; the second public hearing was held on June 17, 2026, to approve the final adoption of the Annual Action Plan.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

The Annual Action Plan was discussed in a publicly noticed meeting where the opportunity for public comment was provided. The first public hearing for the draft FY 2026-2027 Annual Action Plan in front of City Council and community residents was held on May 6, 2026. The draft plan was available for public review between April 17, 2026, and May 18, 2026, on the City's website, at the Community Development and Housing Department, the City’s Clerk's Office, Feldheym Central Library, and through the City’s social media platforms.

Public notice of the Draft FY 2026-2027 Annual Action Plan was published in The San Bernardino Sun newspaper (English) and El Chicano newspaper (Spanish) from March 5, 2026, to March 23, 2026, in accordance with the City’s Citizen Participation Plan. A second public hearing was held on June 17, 2026, at which time the Mayor and City Council approved the final adoption of the FY 2026-2027 Annual Action Plan.

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6 6. Summary of comments or views not accepted and the reasons for not accepting them The City accepts all public comments.

7. Summary
No further narrative is needed.

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7 PR-05 Lead & Responsible Agencies – 91.200(b)

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

Agency Role Name Department/Agency
Lead Agency City of SAN BERNARDINO
CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA Administrator
HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA-C Administrator
Table 1 – Responsible Agencies
Narrative (optional)
The City’s Community Development and Housing Department administers, implements, and monitors activities and projects funded through federal grants. This Department is responsible for developing and completing the priorities and goals established in the Consolidated Plan and aligned yearly through the Annual Action Plan. In addition, the Department works collaboratively with the Public Works Department, City Parks and Recreation Department, City Manager’s Office, City residents, and City Council to develop goals and priorities.

Action Plan Public Contact Information
For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact:

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8 Mrs. Cassandra Searcy, Deputy Director of Housing & Homelessness 201 N. E Street, 3rd Floor, San Bernardino, CA 92418
Email: [email protected] | Phone: (909) 384-7272
Packet Page. 39
9 AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

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

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
Partnerships are the community's strongest suit; the City works with the Housing Authority of the County of San Bernardino (HACSB) and the County Community Development and Housing Agency to better serve its residents. These organizations coordinated to redevelop 251 units of public housing at the former Waterman Gardens public housing project (now known as the Arrowhead Grove neighborhood). The City is also partnering with National CORE, an Inland Empire Community Development Organization (CDHO), to create more affordable housing opportunities.

The City partners with Neighborhood Partnership Housing Services (NPHS), a designated CHDO, in two ways:

1. The administration of the Owner-Occupied Single-Family Rehabilitation Program.

2. The construction of new owner-occupied single-family housing on vacant and blighted lots throughout the city, to increase homeownership among households at and below 80 percent of the Area Median Income. This initiative is part of the City’s infill program.

The City coordinates with the San Bernardino County Department of Behavioral Health (DBH) and its Office of Homeless Services (OHS) to support residents experiencing both homelessness and behavioral health crises. This collaboration includes the ongoing exchange of information, referral pathways, and access to specialized resources that address the intersection of homelessness, mental health, and substance use needs. Through this partnership, the City ensures that residents in crisis are connected to appropriate services, including outreach, case management, treatment programs, and housing navigation support.

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

The City recognizes the urgent need to address people experiencing homelessness, with particular attention to chronically homeless individuals and families, veterans, unaccompanied youth, and families with children. The City actively collaborates with key stakeholders and countywide entities to strengthen its homeless response system. During Fiscal Year 2026-27, the City will be awarding Emergency Solutions Grant (ESG) funds to qualified subrecipients to deliver services that address both immediate and longterm housing needs. As part of its ESG program implementation, the City coordinates efforts with the San Bernardino County Continuum of Care (CoC) and four core entities:

1. Interagency Council on Homelessness – a regional policy-making body overseeing homeless services.

2. Homeless Provider Network – a coalition of service providers and housing agencies.

3. Central Valley Steering Committee – a collaborative committee focused on coordinated local responses.

4. San Bernardino County Department of Behavioral Health, Office of Homeless Services – the administrative body that supports and manages homeless services throughout the county.

The City remains an active participant in the Continuum of Care (CoC) and fully supports the strategic goals outlined in the San Bernardino County 10-Year Strategy to End Homelessness. In addition, the City’s Police Department engages in Point-in-Time (PIT) Count activities, and the Community Development and Housing Department requires ESG subrecipients to utilize the Homeless Management Information System (HMIS) to track service delivery and outcomes for individuals and families experiencing or at risk of homelessness.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City diligently works with the Continuum of Care (CoC) and attends its regularly scheduled meetings and trainings regarding the issue of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has no less than one former homeless member, who gives input on funding recommendations. The discussions at the ICH meetings include updates on HMIS, and a monthly data quality report is provided, illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates help evaluate the outcomes of projects and activities assisted with ESG. Other topics of discussion include presentations to the Office of Homeless Services on activities from the San Packet Page. 41
11 Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative from the HACSB has continued to develop creative and effective ways to addressthe needs of the County’s homeless veterans.

Over the past year, HASCB, along with the support and efforts of our affiliate nonprofits, KEYS and HP1 Inc., has created housing opportunities for homeless veterans. There are Veterans Affairs Supportive Housing Special Purpose Vouchers available.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
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Annual Action Plan
2026
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Table 2 – Agencies, groups, organizations who participated

1. Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Services-Health
What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Market Analysis
How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Provided input to help prioritize the community
needs of the City, through City interactions and
projects.

2. Agency/Group/Organization Neighborhood Partnership Housing Services, Inc. (NPHS)
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Provided input to help prioritize the community
needs of the City, through City interactions and
projects.

3. Agency/Group/Organization San Bernardino County Homeless Partnership Agency/Group/Organization Type Services-homeless
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Annual Action Plan
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What section of the Plan was addressed by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed narrative and data

4. Agency/Group/Organization San Bernardino County Department of Behavioral Health
Agency/Group/Organization Type Services-Health
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed narrative and data

5. Agency/Group/Organization Inland Fair Housing and Mediation Board Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed narrative and data
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Annual Action Plan
2026
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6. Agency/Group/Organization San Bernardino City Council Agency/Group/Organization Type Civic Leaders
What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed to the public review
period and comments.

7. Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed narrative and data.

8. Agency/Group/Organization San Bernardino Staff
Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Representative(s) contributed narrative and data

9. Agency/Group/Organization Neighborhood Housing Services of the Inland Empire (NHSIE)
Agency/Group/Organization Type Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment Packet Page. 45
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How was the Agency/Group/Organization consulted and what are the anticipated outcomes of the consultation or areas for improved coordination?
Provided input to help prioritize the community
needs of the City, through City interactions and
projects.

Identify any Agency Types not consulted and provide rationale for not consulting No agency types were excluded from engagement. For future planning processes, the City will make a special effort to include specified organizations that provide a wide range of services to the residents of San Bernardino.

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

City of San Bernardino
2021 - 2029 Housing
Element
City of San Bernardino
Community Development
and Housing Department
Potential funding allocations to address housing needs that will complement the 2021-2029 Housing Element
Housing Authority of the
County of San
Bernardino
Housing Authority County
of San Bernardino
(HACSB)
The City will support HACSB's efforts on public housing and the ongoing partnership on Waterman Gardens
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Annual Action Plan
2026
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Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? The City of San
Bernardino Homeless
Solutions Action Plan
(HSAP)
The City of San
Bernardino
The City is currently finalizing a Five-Year Homeless Solutions Action Plan to establish a coordinated, strategic framework for reducing homelessness and improving housing stability across the community. The plan is designed to align local efforts with regional Continuum of Care priorities, leverage state, and federal funding opportunities, and create a clear roadmap for implementing evidence‑based interventions.

Table 3 – Other local / regional / federal planning efforts Narrative (optional)
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Annual Action Plan
2026
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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal setting

1. The City published notice for public hearings and provided a 30-day public review of the FY 2026-2027 Annual Action Plan in El Chicano and The San Bernardino Sun. The report was also made available at the City’s Clerk Office, 201 N. E. Street, Bldg. A, San Bernardino, CA 92401, the Community Development and Housing Department, 201 N. E. Street, 3rd Floor, San Bernardino, CA 92401, the Feldheym Central Library, 555 W. 6th St, San Bernardino, CA 92410, and on the City’s website on the Community Development & Housing Department under Housing & Homelessness Division website: Housing & Homelessness Division | San Bernardino, CA Packet Page. 48
Annual Action Plan
2026
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Citizen Participation Outreach
Sort Ord
er
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attendan
ce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
1 Newspaper Ad
Minorities
Non-English
Speaking -
Specify other
language:

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

No responses
were received.

N/A
http:
iecn.com/newspapers
/El Chicano/
https://www.sbsun.co
m
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Annual Action Plan
2026
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Sort Ord
er
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attendan
ce
Summary of
comments receiv
ed
Summary of comme
nts not accepted
and reasons
URL (If applicable)
2 Public Hearing
Minorities
Non-English
Speaking -
Specify other
language:

Spanish
Persons with
disabilities
Nontargeted/broad
community
Residents of
Public and
Assisted Housing
Members of the
public attended the
May 6, 2026, Public
Hearing
No responses
were received.

N/A
www.sbcity.org/housi
ng
3 Public Hearing
Minorities
Non-English
Speaking -
Specify other
language:

Spanish
Members of the
public attended the
June 17, 2026,
Public Hearing.

No comments
received.

N/A www.sbcity.org/housi
ng
Table 4 – Citizen Participation Outreach
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Annual Action Plan
2026
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Annual Action Plan
2026
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Expected Resources
AP-15 Expected Resources - 91.220(c)(1,2)
Introduction
The City of San Bernardino faces increasing needs and fluctuating resources. Anticipated Resources seem to fluctuate year to year. The figure for the Expected Amount is based on current funding levels projected forward. The City will adjust if funding changes. Resources will align with priority needs, goals, and outcomes identified through the planning process, including community engagement and market analysis.

Anticipated Resources
Program Source
of Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Reminder
of
ConPlan
$
Narrative Description
Annual
Allocation: $
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services $2,746,734.00 0.00 $24,692.40 $2,771,426.40 The amount of CDBG funds
available for FY 2026-2027,
will be spent on public
services, fair housing and
public facilities projects.

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Annual Action Plan
2026
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Program Source
of Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Reminder
of
ConPlan
$
Narrative Description
Annual
Allocation: $
Program
Income:
$
Prior Year
Resources:
$
Total:
$
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner
rehab
Multifamily rental
new construction
Multifamily rental
rehab
New construction
for ownership
TBRA $1,161,844.19 0.00 0.00 $1,161,844.19
The amount of HOME funds
available for FY 2026-2027
will be for housing programs
and projects.

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Annual Action Plan
2026
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Program Source
of Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Reminder
of
ConPlan
$
Narrative Description
Annual
Allocation: $
Program
Income:
$
Prior Year
Resources:
$
Total:
$
ESG public -
federal
Conversion and
rehab for
transitional
housing
Financial
Assistance
Overnight shelter
Rapid re-housing
(rental
assistance)
Rental Assistance
Services
Transitional
housing $238,382.00 0.00 0.00 $238,382.00
The ESG funds available for FY
2026-2027 will fund
subrecipients to assist
residents experiencing
homelessness with
Emergency Shelter (ES) and
HMIS support.

Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how matching requirements will be satisfied
The City seeks to utilize its federal resources alongside state, local, and private funding to create high-quality, affordable housing for its Packet Page. 54
Annual Action Plan
2026
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residents. Extra resources to meet the requirements of low- and moderate-income residents are obtained from several sources, including:

Federal Resources
• Section 8 Housing Choice Voucher Program
• Federal Low-Income Housing Tax Credit Program
• Tax Exempt Bond Financing
• Community Investment Funds from Dignity Health
State Resources
• Tax-exempt bonds
• State Low-Income Housing Tax Credit Program
• No Place Like Home
• Community Reinvestment Funds
• Permanent Local Housing Allocation (PLHA) from the California State Department of Housing • Veteran Housing and Homeless Prevention Program
Local Resources
• San Bernardino County Continuum of Care
• HACSB
Private Resources
• Dignity Health
• San Manuel Band of Mission Indians
• San Bernardino Unified School District
• City of San Bernardino Successor Housing Agency
Agencies receiving ESG funds fulfill the match requirement by utilizing volunteer efforts, in-kind donations, and funding from various local, state, Packet Page. 55
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and federal initiatives. The City will use its HOME funds alongside additional housing resources as needed. HOME non-federal match funds will be tracked and submitted to HUD as a component of the CAPER annually.

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Annual Action Plan
2026
26 OMB Control No: 2506-0117 (exp. 09/30/2021)
If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City has identified many surplus vacant residential sites downtown. The City plans to collaborate with nonprofits to sell these sites for deed-restricted affordable housing. Most of these vacant lands are zoned for multi-family use or can be upzoned for higher density. All moderate and lower-income sites are infilled, meaning they have access to water, sewer, and dry infrastructure, with priority given for affordable housing connections. Sites for above-moderate income are spread across the southern, central, and northern areas of the district. Infill projects in the works are Shadin Hills, Village Greene, and Montebello.

These projects are in various stages of development. The City also has about 30 acres of surplus land that it plans to dedicate to affordable housing. The City is taking steps to partner with various developers and non-profits to utilize the land and begin development in the near future. The City intends to invite affordable housing developers to participate in an innovative workshop to discuss best practices and offer insight on how the City can effectively collaborate on future projects, specifically with the underutilized. vacant properties or parcels.

The City will maintain funding for its Infill Housing Program and the Owner-Occupied Residential Rehabilitation Program (OORP). Through the City’s Infill Housing Program, the City intends to purchase, renovate, and develop vacant and/or underused land parcels into housing accessible to low- and moderate-income families. The Owner-Occupied Residential Rehabilitation Program will offer funding for the renovation of single-family homes owned by low- and moderate-income families.

Discussion
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2026
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.220(c)(3)&(e)
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Preserve and
Rehabilitate
Housing
2026 2029
Affordable
Housing
25/29
Citywide
Preserve and
Rehabilitate
Housing
HOME:
$1,045,660.19
Rental units rehabilitated: 20
Household Housing Unit
2 Provide Homeless
Prevention Housing
2025 2029
Homeless
Assistance
25/29
Citywide
Provide Homeless
Prevention Services
ESG:
$220,503.35
Homelessness Prevention: 268
Persons Assisted
3 Community
Development
2025 2029
Public Services
Non-Housing
Community
Development
25/29
Citywide
Community
Development
CDBG:
$1,223,289.50
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 850 Persons Assisted
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2026
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
4 Community
Development
2025 2029
Public Services
Non-Housing
Community
Development
25/29
CityWide
Strategic Resource
Planning and
Community
Resilience
CDBG:
$40,000.00
Public service activities other
than Low/Moderate Income
Housing Benefit: 100
unduplicated low - and
moderate-income
5 Community
Development
2025 2029
Public Services
Non-Housing
Community
Development
25/29
CityWide
Strategic Resource
Planning and
Community
Resilience
CDBG:
$41,500.00
Public service activities other
than Low/Moderate Income
Housing Benefit:400
unduplicated seniors in the City
6 Support Fair
Housing
2025 2029 Fair Housing
25/29
CityWide
Fair Housing
CDBG:
$70,000.00
Public service activities other
than Low/Moderate Income
Housing Benefit: 575 Persons
Assisted
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Annual Action Plan
2026
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
7 Community
Development
2025 2029
Community
Development
Public Services
25/29
Citywide
Strategic Resource
Planning and
Community
Resilience
Community
Development
CDBG:
$195,000.00
Public service activities other
than Low/Moderate Income
Housing Benefit:150
8 Strategic Resource
Planning and
Community
Resilience
2025 2029
Economic
Development
25/29
Citywide
Promote Economic
Development
CDBG:
$652,290.90
Jobs created/retained: 600 Jobs
Businesses assisted: 20
Businesses Assisted
9 Planning &
Administration
2025 2029 Administration
25/29
Citywide
Planning and
Administration
CDBG:
$549,346.00
HOME:
$116,184.00
ESG:
$17,878.65
Other: 1 Other
Table 6 – Goals Summary
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Annual Action Plan
2026
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Goal Descriptions
1 Goal Name Preserve and Rehabilitate Housing
Goal
Description
The preservation and rehabilitation of single-family owner-occupied housing and multi-family rental units. 2 Goal Name Provide Homeless Prevention Housing
Goal
Description
Provide targeted support aimed at preventing and reducing homelessness, such as emergency shelters, rapid rehousing, and homelessness prevention services to homeless individuals and persons at risk of homelessness. 3 Goal Name Community Development
Goal
Description
Investing in roads, sidewalks, parks, and public facilities in qualifying neighborhoods and providing ADA access for disabled residents of the City.
4 Goal Name Strategic Resource Planning and Community Resilience Goal
Description
Encouraging efficiencies in housing and community development projects that also promote self-reliance, responsible planning, and recovery
5 Goal Name Support Fair Housing
Goal
Description
Promote fair housing and support fair housing services. 6 Goal Name Planning & Administration
Goal
Description
CDBG, HOME, and ESG administration
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2026
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2026
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AP-35 Projects - 91.220(d)
Introduction
The City intends to spend its annual allocation of CDBG, HOME, and ESG funds on eligible projects in the following categories: fair housing, homeless prevention, and affordable housing initiatives. CDBG funding also includes the last repayment of the City's Section 108 Loan. # Project Name
1 CDBG FY26/27 Neighborhood Housing Services of the Inland Empire 2 CDBG FY26/27 Perris Hill Park
3 CDBG FY26/27 Family Service Association (FSA) -Senior Nutrition Program 4 CDBG FY26/27 Inland Fair Housing Mediation Board
5 CDBG FY26/27 San Bernardino PD PEACE Team
6 CDBG FY26/27 Section 108 Debt Repayment - Final Payment 7 CDBG FY26/27 Program Administration
8 ESG FY26/27 The Salvation Army
9 ESG FY26/27 Program Administration
10 HOME FY26/27 Housing Program
11 HOME FY26/27 Program Administration
Table 7 – Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
Projects are consistent with the 2025-2029 Consolidated Plan priority needs and goals. These projects, activities, and programs have been identified by the community engagement program and needs derived from data analysis. The City continues to support fair housing promotion and discrimination mediation, public services, CDBG, and ESG funding were awarded to applicants who best serve the homeless and atrisk populations. All projects chosen benefit the residents of the City of San Bernardino.

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AP-38 Project Summary
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2026
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1 Project Name CDBG FY26/27 Neighborhood Housing Services of the Inland Empire Target Area 25/29 Citywide
Goals Supported Community Development
Strategic Resource Planning and Community Resilience
Needs Addressed Strategic Resource Planning and Community Resilience Funding CDBG $ 40,000.00
Description This program provides housing-focused financial counseling, stabilization support, and matched savings incentives to low- and moderate-income households. The program is designed to stabilize households at risk of housing insecurity while advancing participants toward long-term goals such as improved credit, increased savings, and first-time homeownership readiness.

Target Date 6/30/2027
Estimate the number
and type of families
that will benefit from
the proposed activities
100 unduplicated low - and moderate-income City of San Bernardino residents
Location Description 1845 Business Center Dr S #120, San Bernardino, CA 92408- City-wide Planned Activities Up to 20 participants are expected to participate in the matched savings component during the grant period, delivered through two cohorts of up to 10 participants each. Participants may complete the matched savings process over a minimum of three (3) months and a maximum of twelve (12) months, depending on individual
circumstances and progress. The education and counseling services are designed to support housing stability, improve financial management skills, and prepare participants for long-term housing goals, including first-time homeownership. The matched savings cohorts provide an enhanced opportunity for participants who choose to deepen their engagement by building savings and strengthening mortgage readiness.

All participants will be verified as CDBG-eligible based on HUD income limits and standardized intake documentation. The program will prioritize outreach to low- and moderate-income households within the City of San Bernardino who experience housing cost burden, financial instability, and limited access to traditional wealth-building opportunities.

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National Objective: LMC (Low/Mod Clientele)
CDBG Matrix Codes: Public Services:
05U
Housing Counseling only, under 24 CFR 5.100 24 CFR 570.201(e) or 42 USC 5305(a)(8) + 24 CFR 570.482(c)(2)
Housing counseling, under 24 CFR 5.100, for renters, homeowners, and/or potential new homebuyers that is provided as an independent public service (i.e., not as part of another eligible housing activity). 2 Project Name CDBG FY26/27 Perris Hill Park
Target Area 25/29 Citywide
Goals Supported Community Development
Needs Addressed Community Development
Strategic Resource Planning and Community Resilience
Funding CDBG: $1,198,597.10
Description Public Facilities and Improvements
Target Date 6/30/2027
Estimate the number
and type of families
that will benefit from
the proposed activities
Residents within LMA service areas in the City of San Bernardino Location Description 1135 E Highland Ave, San Bernardino, CA 92408 Planned Activities The installation of prefabricated, ADA compliant restroom facilities.

This improvement is intended to expand access to clean, safe, and accessible public restrooms amenities within City parks. These improvements are anticipated to enhance public accessibility, park usage, community health and safety and overall quality of life for residents.

National Objective: LMA (Low/Mod Area Benefit)
CDBG Matrix Codes: Public Facilities and Improvements
03F
Parks, Recreational Facilities 24 CFR 570.201(c) or 42 USC 5305(a)(2) Development of open space areas or facilities intended primarily for recreational use.

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3 Project Name CDBG FY26/27 Family Service Association (FSA) -Senior Nutrition Program
Target Area 25/29 Citywide
Goals Supported Community Development
Needs Addressed Strategic Resource Planning and Community Resilience Funding CDBG: $41,500
Description The Senior Nutrition Program, which provides home-delivered meals to eligible older adults residing in the City of San Bernardino. This program delivers nutritionally balanced meals at no cost, Monday through Friday, to seniors aged 60 and older who are homebound due to age, disability, illness, or mobility limitations.

Target Date 6/30/2027
Estimate the number
and type of families
that will benefit from
the proposed activities
400 unduplicated seniors in the City
Location Description Citywide
Planned Activities Provide home-delivered meals to eligible older adults residing in the City of San Bernardino. Reduce food insecurity and improve access to nutritious meals for low- and moderate-income seniors residing in the City of San Bernardino
National Objective: LMC (Low/Mod Clientele)
CDBG Matrix Codes: Public Services
05A
Senior Services 24 CFR 570.201(e) or 42 USC 5305(a)(8) + 24 CFR 570.482(c)(2)
Services for the elderly. 05A may be used for an activity that serves both the elderly and persons with disabilities, provided it is intended primarily to serve the elderly. If the activity is intended primarily to serve persons with disabilities, use 05B instead.
4 Project Name CDBG FY26/27 Inland Fair Housing Mediation Board Target Area 25/29 Citywide
Goals Supported Support Fair Housing
Needs Addressed Fair Housing
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Funding CDBG: $70,000.00
Description The Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing.

Target Date 6/30/2027
Estimate the number
and type of families
that will benefit from
the proposed activities
575 Individuals
Location Description Citywide
Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints at no cost in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws.

National Objective: N/A Planning/Admin
CDBG Matrix Codes: General Program Administration
21D
Fair Housing Activities (subject to Admin cap) 24 CFR 570.206(c) Fair housing activities carried out as part of general program administration rather than as a public service. These activities are subject to the 20 percent limitation under 24 CFR 570.200(g) and 570.489(a)(3).

For fair housing activities carried out as a public service, use 05J. 5 Project Name CDBG FY26/27 San Bernardino PD PEACE Team Target Area 25/29 Citywide
Goals Supported Homeless Prevention
Needs Addressed Homeless Prevention
Community development
Funding CDBG: $195,000.00
Description Support PEACE Team salaries and equipment needs, including an appropriate vehicle needed to assist local businesses, the homeless, and homeless encampments, as well as participate in community cleanup activities related to homeless encampment areas.

Target Date 6/30/2027
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the proposed activities
150 individuals
Location Description Citywide
Planned Activities The PEACE Team members will work with City Police Department to engage with and support to local nonprofits and residents of LMI areas.

National Objective: LMC (Low/Mod Clientele)
CDBG Matrix Codes: Public Services
05Z
Other Public Services Not Listed in 03T and 05A-05Y 24 CFR 570.201(e) or 42 USC 5305(a)(8) + 24 CFR 570.482(c)(2)
This matrix code replaced matrix code 05. Only use this matrix code when an activity does not fall under a more specific 05A-05Y code.

An example of a legitimate use of this code is when the CDBG funds are provided to a non-profit organization that provides multiple types of social services for operating costs. In another example, when a public service activity that does not have a more specific matrix code, provides services to multiple groups of clients such as seniors, persons with disabilities, and homeless persons. For instance, for a “meals on wheels” program for seniors and persons with disabilities, use 05Z. If this program had only been available to seniors, the correct matrix code would have been 05A.
6 Project Name CDBG FY26/27 Section 108 Debt Repayment- Final Payment Target Area 25/29 Citywide
Goals Supported Planning & Administration
Needs Addressed Community Development
Strategic Resource Planning and Community Resilience
Funding CDBG: $652,290.90
Description Section 108 Loan Repayment Program to pursue physical and economic revitalization that will provide jobs.

Target Date 6/30/2027
Estimate the number
and type of families
It is estimated that there will be 600 jobs created
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that will benefit from
the proposed activities
Location Description 17.43-acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino.

Planned Activities The developer has secured letters of interest and lease commitments from several major retailers directly associated with the project.

National Objective: LMJ (Low/Mod Jobs)
CDBG Matrix Codes: Repayment of Section 108 Loans
19F
Planned Repayments of Section 108 Loans 24 CFR 570.705(c) Planned payments of principal due on Section 108 loans (including prepayment or defeasance of Section 108 loans). If a grantee is planning to use CDBG funds to repay the Section 108 loans, then use matrix code 19F.
7 Project Name CDBG FY26/27 Program Administration
Target Area 25/29 Citywide
Goals Supported Planning & Administration
Needs Addressed Planning and Administration
Funding CDBG: $549,346.00
Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the activities and programs stated in the Annual Action Plan, as well as other CDBG administration regulations.

Target Date 6/30/2027
Estimate the number
and type of families
that will benefit from
the proposed activities
1 Location Description Citywide
Planned Activities Planning, grant administration, and compliance.

National Objective: N/A Planning/Admin
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CDBG Matrix Codes: General Program Administration
21A
General Program Administration 24 CFR 570.206 or 24 CFR 570.489(a)(3)
Overall program administration, including (but not limited to) salaries, wages, and related costs of grantee staff or others engaged in program management, monitoring, and evaluation. These activities, along with planning activities, are subject to the 20 percent limitation under 24 CFR 570.200(g) and 570.489(a)(3).
8 Project Name ESG FY26/27 The Salvation Army
Target Area 25/29 Citywide
Goals Supported Provide Homeless Prevention Housing
Needs Addressed Provide Homeless Prevention Services
Funding ESG: $220,503.35
Description The Salvation Army Hospitality House (HH) of San` Bernardino operates several programs: Community Meals, Emergency Shelter (ES), and Transitional Living (TL) within its physical site. The total capacity for combined HH residential programs is 90 beds (21 rooms) but is often over capacity (95 Maximum) due to cribs and family dynamic variances.

The HH also provides a community meal six evenings a week for those experiencing food insecurity. This meal service is used as an outreach to connect people who are experiencing homelessness to resources, shelter, and other permanent housing services. The HH has seen a continued demand for shelter for families and single women; specifically, single fathers with children, unaccompanied women over the age of 50, and multi-generational families.

Target Date 6/30/2027
Estimate the number
and type of families
that will benefit from
the proposed activities
296 Persons Assisted
Location Description 25/29 Citywide
Planned Activities Emergency Shelter and supportive services for individuals experiencing homelessness.

Project Name ESG FY26/27 Program Administration
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9 Target Area 25/29 Citywide
Goals Supported Planning & Administration
Needs Addressed Planning & Administration
Funding ESG: $17,878.65
Description The City will continue to comply with the service and reporting requirements outlined in the Annual Action Plan and other ESG administrative regulations. For the FY 2026/27 allocation: $ 17,195.97 in administration costs
Target Date 6/30/2027
Estimate the number
and type of families
that will benefit from
the proposed activities
1 Location Description 25/29 Citywide
Planned Activities Planning, grant administration, and compliance. 10 Project Name HOME FY26/27 Housing Program
Target Area 25/29 Citywide
Goals Supported Development and Preservation of Affordable Housing Needs Addressed Preserve and Rehabilitate Housing
Funding HOME: $1,045,660.19
Description For the construction or rehabilitation of multifamily affordable housing Projects, the City is reviewing potential projects.

Target Date 6/30/2027
Estimate the number
and type of families
that will benefit from
the proposed activities
Location Description The project will take place within the City of San Bernardino.

Planned Activities Construction of Permanent Supportive Housing (PSH) project for very low to low-income residents
This activity is funded through the HOME Investment Partnership Program and will serve income-eligible households in accordance with HUD HOME requirements.

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11 Project Name HOME FY26/27 Program Administration
Target Area 25/29 Citywide
Goals Supported Planning & Administration
Needs Addressed Planning and Administration
Funding HOME: $116,184.00
Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing programs and activities. The City will also continue to comply with the planning and reporting requirements of the activities and programs stated in the Annual Action Plan, as well as other HOME administration regulations.

Target Date 6/30/2027
Estimate the number
and type of families
that will benefit from
the proposed activities
1 Location Description 25/29 Citywide
Planned Activities
Planning, grant administration, and compliance.

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AP-50 Geographic Distribution - 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed FY2026-2027 funding will be used to finance projects targeting low- to moderate-income residents and families throughout the City. Funding will also be used for a variety of housing, community development, economic development, and capital improvement projects. CDBG, HOME, and ESG funds will benefit residents, families, households, and homeless populations throughout the City.

Geographic Distribution
Target Area Percentage of Funds
25/29 Citywide 100
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The City established priority needs, including Preserve and Rehabilitate Housing, Development and Preservation of Affordable Housing, Provide Homeless Prevention Housing, Community Development, Support Fair Housing, etc. These needs were established city-wide rather than in any centralized areas.

Therefore, the City ensures that federal funding aligns with these priority needs and investments are allocated geographically accurately. Furthermore, CDBG funds will be utilized in predominantly lowincome neighborhoods where residents have the greatest need for housing services. Projects are evaluated on a case-by-case basis, considering emergency needs, cost effectiveness, environmental needs, feasibility, and availability of other funding to address specific needs.

Discussion
The City will allocate its funds to organizations that will provide housing and support services to lowincome households. The process for every annual action plan requires the City to prioritize the use of its CDBG funding for housing and community development activities, including the preservation and conservation of affordable housing, public improvements, and public facilities.

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Affordable Housing
AP-55 Affordable Housing - 91.220(g)
Introduction
The City of San Bernardino, like many Cities in California, needs more affordable housing. According to the California Housing Partnership, the San Bernardino County Housing Need Report 2025, 60,659 lowincome renter households in San Bernardino County do not have access to an affordable home. Through community outreach and data gathering for the 2025-2029 Consolidated Plan and the Analysis of Impediments to fair housing choice, the City has identified priority needs directly correlated to affordable housing. These include:

Development and Preservation of Affordable Housing and Expanded Housing Types Description: New affordable rental housing (new construction, adaptive reuse, or rehabilitation) in a variety of types, and new affordable rental housing with supportive services for homeless individuals and veterans.

Basis for Priority: There is a significant mismatch between housing supply and affordability within the City.

There is an affordable housing supply gap of 80 percent for renter households earning between 0 and 30 percent of the AMI, and a 22 percent gap for households earning between 30 and 50 percent of the AMI.

Additionally, 16,875 low-income renter households are paying more than 30 percent of their income toward housing costs.

Increase Affordable Housing Options
Description: Increase affordable housing options through homeownership or rentals and open up new possibilities to affordable housing.

Basis for Priority: The most prevalent housing problems within the City are cost burden and overcrowding.

San Bernardino has a population of 220,328 persons and a total of 62,486 households. Nearly 61 percent of households in San Bernardino City (36,310 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI).

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One Year Goals for the Number of Households to be Supported Homeless 600
Non-Homeless 0
Special-Needs 0
Total 600
Table 9 - One-Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 101
Rehab of Existing Units 10
Acquisition of Existing Units 0
Total 111
Table 10 - One-Year Goals for Affordable Housing by Support Type Discussion
The city will continue to partner with the Housing Authority of the County of San Bernardino (HACSB), the public housing authority (PHA) for the county, which issues rental vouchers to bridge the gap between income, affordability, and market-rate housing. The two forms of vouchers provided to aid tenants throughout the city are tenant-based and project-based vouchers issued to residents in San Bernardino City.

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AP-60 Public Housing - 91.220(h)
Introduction
Public housing and other assisted housing programs are crucial elements of the City’s efforts to address the affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals. The Housing Authority of the County of San Bernardino (HACSB) serves the city.

HACSB has one public housing site, a single-family unit in Apple Valley. This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S.

Department of Housing and Urban Development (HUD). HACSB converted a 98-unit public housing site in Upland into a project-based voucher site. There are no public housing units in the City.

As of 2025, the City currently has 3,804 affordable units receiving public subsidies, with 707 at risk of expiring. 38 percent of these units are limited to senior residents.

Actions planned during the next year to address the needs to public housing The City is facilitating and encouraging the development and rehabilitation of existing housing to meet the needs for Extremely Low -Income housing. Projects from groups such as National Core— which is currently replacing the 400-unit Waterman Gardens public housing project with new affordable housing and supportive services on-site—are providing much-needed housing options for extremely low-income residents. Organizations like NHPS, Mary Erickson, and many other nonprofit and for-profit organizations are building infill housing that is affordable to lower-income households.

The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable, and utilize, if feasible, local incentives to preserve any at-risk units. To develop or preserve the City’s affordable housing stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
The City will continue its partnership with NPHS to build affordable single-family housing on infill parcels. The goal is to make homeownership more accessible. Presently, four manufactured housing units are approved for construction. NPHS deed restricts these units as affordable to lower-income households through long-term affordability covenants.

The City collaborates with the HACSB to encourage public housing residents to utilize City housing services and area homeownership programs, particularly residents of public housing. HACSB administers the Housing Choice Voucher (HCV) program for the City. Public housing residents would be assisted with Packet Page. 77
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HCVs upon availability and if needed.

The City welcomes affordable housing partnerships.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
HACSB has not been designated as troubled. HACSB was designated a Moving To Work Agency by Congress in 2008. This is a limited designation to PHAs across the country.

Discussion
The City of San Bernardino will continue to work collaboratively alongside HACSB to provide supportive services and address the housing needs of the community.

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AP-65 Homeless and Other Special Needs Activities - 91.220(i) Introduction
The issue of homelessness is a top priority for the City of San Bernardino, as reflected by the 2023 Homelessness State of Emergency Declaration by City Council and the subsequent 2024 reaffirmation.

Each year, the County of San Bernardino conducts a Homeless Count, the Point-In-Time Count (PITC) to identify persons who are not living in adequate housing facilities, led by the Continuum of Care (CoC). The latest 2025 PIT count revealed 3,837 homeless adults and children, 2,636 of which are unsheltered. This was almost a 10% decrease from the previous year’s 4,255 homeless individuals, 3,055 of which were unsheltered. A comparison of the last two counts reveals that:
• 418 less persons were counted in 2025, which represents a decrease of 9.8%; • Only one more individual was counted as sheltered in 2025, increasing the count from 1,200 to 1,201; and
• On the other hand, the unsheltered count decreased by approximately 14% from 3,055 to 2,636.

While the County’s homeless count saw a small decrease, the same trend was not found in the City of San Bernardino, specifically:
• 554 Sheltered persons, a 26% increase from 2024’s 440 Sheltered count • 981 Unsheltered persons, a .4% increase from 2024’s 977 Unsheltered count • Total of 1,535, an 8% increase from 2024’s Total of 1,417 For FY 2024-2025, the City successfully used ESG funds to provide shelter to 60 homeless individuals.

Furthermore, 31 individuals who were at risk of homelessness were assisted through housing stabilization and including housing stabilization and short-to-medium-term rental assistance through Homeless Prevention Services. There is a gap between the outcome and the projected one-year goal because of the rising cost of operation. During the program year, the City expended 97% of its ESG funds to meet the housing needs of the 91 homeless and at-risk-of-homelessness population.

The City of San Bernardino is currently drafting a Five-Year Homeless Solutions Action Plan to address the unique needs of the community and coordinate strategies for effective responses. The plan is centered on three guiding principles:

1. Supportive Pathways to Housing

2. Prioritizing Long-Term Solutions

3. Alignment with National Best Practices
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community and fill identified service gaps.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
A top priority for the City of San Bernardino continues to be able to provide sufficient homeless prevention services and resources. The City will maintain its support of the CoC’s coordinated entry system, 2- 1-1 San Bernardino County. Through this system, individuals and families who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2)) receive problem-solving support aimed at helping them retain their current housing or secure alternate housing as quickly as possible.

In addition to supporting regional efforts, the City is planning to leverage the upcoming Deep Blue pilot software, a program that allows for cross-agency collaboration and real-time data sharing to create data dashboards and reports that will inform strategic responses to homelessness. The City also invests in local outreach programs that engage unsheltered residents, connecting them to emergency services and helping them navigate pathways to housing stability. These outreach efforts play a critical role in linking individuals to shelter, case management, behavioral health services, and long‑term housing solutions.

The City’s ongoing priorities include:
- Increase emergency shelter, interim housing, and affordable housing units - Increase homeless prevention services
- Support mental health and substance use services
Addressing the emergency shelter and transitional housing needs of homeless persons The City has made great strides in its pursuit to adaptively reuse a vacant property for the conversion of the former School of Hope campus. Formerly a special education school, the site is being rehabilitated and reimagined into a homeless navigation facility to provide low-barrier, non-congregate, interim housing and supportive services for homeless individuals and households at risk of becoming homeless.

The Hope campus, set to open in late 2026 or early 2027, will include 180 housing units, an administrative building, a laundry facility, and a cafeteria/assembly area. In total, the project will provide approximately 17,380 sqft. of residential housing, 2,900 sqft. of shared spaces and communal areas, a dog kennel, and 15,200 sqft. of surface parking consisting of 34 parking spaces.

Hope Campus will contain 180 non-congregate transitional housing units with beds that include storage space underneath, s, bathrooms with a sink, toilet, and shower, fire sprinklers, heating, ventilation, and air conditioning (HVAC) systems. These 180 units can accommodate up to 200 unsheltered individuals.

Sixteen units will be Americans with Disabilities Act (ADA) accessible, ensuring units are easily accessible for residents with disabilities. Additionally, the facilities will include a cafeteria with a fully equipped Packet Page. 80
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commercial kitchen able to serve 120 residents per meal. The cafeteria will also serve as an assembly area and include movable dividers to divide the cafeteria into four smaller areas for activities. The campus will have free Wi-Fi access and outdoor spaces for all occupants.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City continues to actively participate in the County of San Bernardino CoC and attend meetings to discuss the establishment of performance measures that benefit the broader goals of the region. Some of the tasks recently undertaken by the City include assisting with the 2025 Point-In-Time-Count conducted by the County of San Bernardino. The City recognizes that homelessness is a regional issue that impacts not only San Bernardino but also neighboring communities. As the largest community in the County, the City also serves as a hub for service providers and supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. Part of the Continuum of Care Strategy is a key component of homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City works to prevent persons from becoming homeless by funding emergency rental assistance for households at risk of homelessness through the Homeless Prevention program, supported by ARPA and ESG funds.

Each year, the City funds organizations through the ESG programs that provide emergency shelter, homeless prevention services, street outreach, rapid rehousing, and HMIS, such as the Salvation Army and Family Services of Redlands.

The City is breaking ground in 2026 on the San Bernardino HOPE Campus, a full-service homeless navigation center and shelter that features needed services as part of its operation, located on 6th Street.

This navigation center will provide case management, mental health and substance abuse services, job placement, and more. Furthermore, the San Bernardino Community Wellness Campus (SBCWC), a noncongregate interim housing facility that completed construction in December 2025, will be focused on providing supportive services to provide long-term solutions to end homelessness, including permanent housing and independent living. Individualized case plans will be provided for at least 95% of residents within 72 hours of entry. (see Discussion below). As part of the City’s Five-Year Homeless Solutions Action Plan goal, the City aims to, within the next year, add 100 new interim/emergency beds and see a 5% Packet Page. 81
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reduction in the average length of stay in interim housing.

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

The City of San Bernardino is committed to reducing the number of individuals and families who become homeless by strengthening prevention efforts, expanding access to supportive services, and improving coordination across systems of care. Creating clear referral pathways from emergency shelters and rapid rehousing to permanent supportive housing is a top priority for the City. In 2026, San Bernardino will continue to enhance its partnerships with service providers, the Continuum of Care, and regional agencies to ensure that individuals receiving services are able to maintain self-sufficiency after services are terminated. This includes supporting outreach teams that engage unsheltered residents, connect them to emergency shelter, and link them with case management, behavioral health services, and long‑term housing resources. Through these coordinated efforts, the City aims to reduce the amount of time individuals experience homelessness and increase the number of residents who successfully transition into stable, permanent housing. Part of the City’s continued support of the regional CoC’s efforts includes implementing the San Bernardino County 10-Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning to prevent people discharged from correctional, foster care, health care, or mental health care systems from becoming homeless again. The McKinney-Vento Act requires that local governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not immediately discharged into homelessness. To meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers to implement a “zero tolerance” plan that will prevent persons from being discharged into homelessness.

Discussion
Homeless Solutions Action Plan (HSAP)
The City of San Bernardino is currently finalizing a Five-Year Homeless Solutions Action Plan to establish a coordinated, strategic framework for reducing homelessness and improving housing stability across the community. The plan is designed to align local efforts with regional Continuum of Care priorities, leverage state and federal funding opportunities, and create a clear roadmap for implementing Packet Page. 82
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evidence‑based interventions.

The Homeless Solutions Action Plan (HSAP) identifies key system gaps, evaluates current service capacity, and outlines targeted strategies to expand outreach, shelter, interim housing, permanent supportive housing, and prevention programs. It also emphasizes cross‑departmental collaboration, data‑driven decision making, and partnerships with local stakeholders such as nonprofit providers, faith‑based organizations, and behavioral health agencies.

The City recognizes the importance of addressing the root causes of homelessness, such as economic instability, lack of affordable housing, untreated mental health conditions, and substance use disorders, while simultaneously improving the capacity to respond to immediate needs and focusing on supportive, long-term solutions. HSAP outlines measurable outcomes and performance indicators to track progress over the five‑year period, ensuring accountability and transparency in the implementation process. FY 2026-2027 serves as the first year in this Five-Year plan.

HOPE Campus
Designed to address the root causes of homelessness, the HOPE Campus will offer approximately 200 beds and provide a safe, supportive environment for individuals and families experiencing homelessness.

The facility will connect residents to a comprehensive range of services, including medical respite care, mental health and substance use disorder counseling, individualized case management, job training and placement, and expanded pathways to permanent housing. In addition to serving those currently experiencing homelessness, the HOPE Campus will support individuals at risk of losing their housing by hosting onsite partner agencies that can provide rental and utility assistance to eligible households.

Through this integrated service model, the HOPE Campus will strengthen the City’s capacity to stabilize vulnerable residents and promote long‑term housing security.

Homekey - San Bernardino with Lutheran Social Services of Southern California (LSSSC) The City has embarked on a State of California Homekey Project to establish the San Bernardino Community Wellness Campus - a non-congregate interim housing facility comprising 210 beds, in collaboration with Lutheran Social Services of Southern California (LSSSC). This initiative aims to address the pressing need for such a campus, and the unique needs of the City, especially considering that the number of homeless men in the City surpasses that of homeless women by a ratio of two to one. The current Central City Lutheran Mission has been transformed into a supportive campus that will provide an onsite medical clinic and comprehensive, onsite social services to address social, physical, educational, educational, social, physical, physical, and mental health needs that will be available to campus residents and the larger community. 140 beds have been added to the existing 70 beds, making up 210 in total. At least 95% of residents will receive individualized case plans within 72 hours of entry, ensuring that Packet Page. 83
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individual needs are met and long-term solutions are provided to prevent re-entry.

Legal Aid Society of San Bernardino (Legal Aid) Tenant Protection Program The City of San Bernardino will continue its partnership with the Legal Aid Society of San Bernardino to operate a two‑year Tenant Protection Program dedicated exclusively to serving City residents at no cost.

Through this program, Legal Aid will provide direct legal representation and education on tenant rights, with the goal of preventing displacement and reducing the risk of homelessness among low‑income households. The program will focus on helping tenants navigate issues such as unlawful evictions, habitability concerns, and other housing‑related legal challenges, ensuring that vulnerable residents have the support necessary to maintain stable housing.

Homeless Outreach
The City of San Bernardino will continue its partnership with Hope the Mission, a nonprofit organization dedicated to addressing homelessness through direct engagement and supportive services. Together, the City and Hope the Mission will provide consistent, five‑day‑a‑week outreach aimed at connecting individuals and families experiencing homelessness with immediate assistance and pathways to stability.

The outreach team, comprised of trained emergency crisis workers, will respond to emerging needs in the community by offering on‑the‑spot support, including case management, motel vouchers, basic necessities, medical coordination, and transportation. In addition to addressing urgent crises, the team will facilitate access to longer‑term resources such as emergency and transitional shelters, rehabilitation programs, and family reunification services. This coordinated approach ensures that individuals experiencing homelessness receive comprehensive, person‑centered care, while prioritizing housing opportunities for San Bernardino residents and strengthening the City’s broader homelessness response system.

Affordable Housing Workshop
The City of San Bernardino is committed to preserving and developing new affordable housing projects to meet the growing needs of the community. Underutilized and surplus parcels across the City are being identified and assessed for the potential use of supportive housing developments. The City also intends to, within the next year, invite affordable housing developers to participate in an innovative workshop to discuss best practices and offer insight on how the City can effectively collaborate on future projects.

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AP-75 Action Plan Barriers to Affordable Housing - 91.220(j) Introduction
The City has recognized that barriers to affordable housing exist and employs strategies that work to overcome those barriers. Barriers exist that are land-related, programmatic, accessibility, and financial.

The City has collaborated with major community stakeholders to address barriers to affordable housing.

This section gives an overview of actions the City is planning to take to address barriers to affordable housing.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City has made the following additional amendments to the Municipal Code to further reduce barriers to affordable housing:

1. General Lot Consolidation Incentive - small, individual lots offer limited development potential and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committed to a maintenance plan and having on-site management.

The City is anticipating amending the Development Code to incentivize lot Consolidation.

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

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

4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing.

The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, Packet Page. 85
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which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used instead of a CUP for certain qualified projects.

5. The City will update its General Plan. San Bernardino 2050 has prioritized housing. Homepage - Future San Bernardino 2050 (futuresb2050.com)
Discussion:

The City is currently finalizing a Five-Year Homeless Solutions Action Plan to establish a coordinated, strategic framework for reducing homelessness and improving housing stability across the community.

The plan is designed to align local efforts with regional Continuum of Care priorities, leverage state, and federal funding opportunities, and create a clear roadmap for implementing evidence‑based interventions.

For FY 2026-2027, the City will continue to fund its Infill Housing Program and the Owner-Occupied Residential Rehabilitation Program (OORP). Housing Programs - City of San Bernardino (sbcity.org) Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land, and create housing affordable to low- and moderate-income households. The OwnerOccupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of singlefamily units owned by low and moderate-income households.

The City will hold an affordable housing workshop to garner developer and stakeholder buy in for vacant parcels around the City the goal is to foster a partnership to collaboratively build affordability in a way that everyone benefits, this can look vastly different for every scenario. Having those table top conversations is particularly important for housing affordability growth.

Discussion
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AP-85 Other Actions - 91.220(k)
Introduction
The City of San Bernardino recognizes that achieving the goals outlined in the Consolidated Plan requires targeted investments in housing and community development, but also sustained efforts to strengthen institutional capacity, foster coordination, reduce poverty, and address systemic barriers. This section outlines the additional actions the City will take during the FY 2026–2027 Action Plan Year .

Actions planned to address obstacles to meeting underserved needs • Continue in the Investment of Homeless Navigation and Support Services • Enhance Language Access and ADA Compliance: Ensure materials, meetings, and surveys are accessible to non-English speakers and people with disabilities.

Actions planned to foster and maintain affordable housing • Continue affordable housing conversation with major stakeholders and developers city-wide • Infill Development: Continue partnering with CHDOs to build affordable owner-occupied housing on vacant lots.
• Housing Rehabilitation: Fund the Owner-Occupied Housing Rehabilitation Program to preserve affordable housing and prevent displacement.
• Preserve Public/Assisted Housing: Support Housing Authority of the County of San Bernardino (HACSB) efforts, including the next phases of Arrowhead Grove.

Actions planned to reduce lead-based paint hazards
• Lead-Safe Rehabilitation: Ensure all HOME and CDBG-funded rehab projects comply with HUD Lead-Safe Housing Rule requirements.
• Training & Monitoring: Continue training City staff and contractors and monitor subrecipients for compliance with lead-based paint hazard regulations. • Public Education: Disseminate materials to residents regarding lead-safe practices during rehabilitation and home maintenance.

Actions planned to reduce the number of poverty-level families • Workforce Development: Collaborate with San Bernardino County Workforce Development Board and organizations like Center for Employment Opportunities to connect residents to jobs and training.
• Small Business Support: Use CDBG to support microenterprise development and entrepreneurship, particularly among women- and minority-owned businesses. • Financial Empowerment: Continue partnerships with NHSIE and other nonprofits to deliver Packet Page. 87
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financial literacy, homebuyer education, and credit repair services.

Actions planned to develop institutional structure
• Capacity Building: Provide technical assistance to local nonprofits, CHDOs, and ESG subrecipients to strengthen compliance and outcomes.
• Cross-Department Collaboration: Improve coordination between housing, public works, economic development, and public safety to align investment strategies. • Data Sharing: Strengthen data systems and interagency coordination, especially with the Continuum of Care and HMIS providers, to track program impact.

Actions planned to enhance coordination between public and private housing and social service agencies
• Continuum of Care Engagement: Maintain active participation in the Interagency Council on Homelessness and Homeless Provider Network.
• Health and Housing Integration: Coordinate with Dignity Health and San Bernardino County Department of Behavioral Health to link housing investments with mental health and healthcare services.
• Education & Youth Support: Continue work with Uplift San Bernardino to support youth housing stability, education, and future economic mobility.

Discussion
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Program Specific Requirements
AP-90 Program Specific Requirements - 91.220(l)(1,2,4)
Introduction
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be conducted.

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

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

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

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

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

Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 0.00% HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

1. The City of San Bernardino does not intend to use forms of investment other than those described in 24 CFR §92.205(b). All HOME Investment Partnerships Program (HOME) funds will Packet Page. 89
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be used in eligible forms including grants, deferred payment loans, interest-bearing loans, and other HUD-approved forms of assistance that comply with HOME regulations.

In addition to HOME-specific investments, the City leverages other resources—such as CDBG, ESG, ARPA, and State funds—to complement federal housing and community development activities.

These additional investments may be used for site acquisition, Invest in Community Infrastructure and Facility Improvements, or supportive services that enhance housing affordability and sustainability but do not deviate from HUD's defined eligible investment types under §92.205.

If new or alternative investment mechanisms are considered during the Plan period, the City will ensure full compliance with HUD regulations and will submit the necessary amendments and approvals.

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

HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstances, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254:

1. If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to the Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs.

2. If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability and multiplying the result by 100. In calculating recapture of the HOME subsidy, only full 12-month periods of occupancy will be utilized. For example, if the Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of ten years of Affordability, the Packet Page. 90
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percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent: (2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount.

3. In no event shall City’s recovery exceed the amount of the Net Proceeds. The City requires that its CHDO/subrecipients, who conduct HOME-funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single-family rehabilitation programs, the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD.

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

Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows: Amount of HOME Subsidy Period of Affordability • Amount of HOME Subsidy: Less than $15,000 Period of Affordability: 5 years • Amount of HOME Subsidy: $15,000 to $40,000 Period of Affordability: 10 years • Amount of HOME Subsidy: More than $40,000 Period of Affordability:15 years The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City also requires that its CHDO/sub-recipients who conduct HOME-funded ownership programs utilize the recapture provisions noted, which are part of the affordability covenant executed by the homeowner and recorded against the property.

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

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

The City will not be refinancing existing debt secured by multifamily housing rehabilitated with HOME funds. The City will not refinish single-family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 in relation to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not Packet Page. 91
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precluded from participating in HOME funded programs. The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program.

Applications are solicited as funds are available for various programs and/or when contracts and renewal periods with applicants expire and new NOFAs and RPS are released.

5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)).

If implemented, the City intends to establish a preference for persons with special needs and disabilities, in alignment with 24 CFR §92.209(c)(2)(i). This may include individuals with physical, mental, or developmental disabilities, those at risk of institutionalization, and persons with substance use or behavioral health needs. The City will consult with local partners, such as the San Bernardino County Department of Behavioral Health, the Office of Homeless Services, and disability advocacy organizations, to structure the program to ensure legal compliance, and service integration. All preferences will be clearly defined and documented in written TBRA policies and procedures and will be implemented in a non-discriminatory manner consistent with federal fair housing laws.

6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g., persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(l)(2)(vii)).

If such a program is established, the City may adopt a targeted preference for specific categories of individuals with disabilities, particularly those who experience significant service gaps—such as persons with chronic mental illness, HIV/AIDS, or co-occurring disorders. These populations are often overrepresented in the homeless system and underrepresented in stable housing placements, despite frequent engagement with public systems of care. For example, individuals with chronic mental illness may cycle through shelters, hospitals, and correctional institutions due to a lack of supportive housing options. Similarly, people living with HIV/AIDS may face both housing discrimination and limited access to long-term rental assistance.

A targeted TBRA preference would narrow the gap in housing benefits by:
• Providing stable rental assistance to individuals who are often ineligible for other longterm subsidies. • Coordinating with service providers (e.g., Department of Behavioral Health, local HIV/AIDS networks) to ensure access to wraparound supports. • Preventing institutionalization and promoting independent living in community-based settings.

Any such preference will be carefully structured, with data and stakeholder input used to Packet Page. 92
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demonstrate both the need and legal defensibility. The City will ensure all preferences are administered in compliance with fair housing requirements, including a clear showing that the preference is necessary to address a documented disparity in housing access or services.

7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR

92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).

At this time, the City of San Bernardino does not impose any limitations or preferences in its HOMEassisted rental housing projects that would restrict participation. The City will continue to monitor projects for compliance with applicable fair housing laws and HUD’s HOME regulations.

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

1. Include written standards for providing ESG assistance (may include as attachment) Please refer to the attachment included.

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

The City of San Bernardino is an active participant in the San Bernardino County Continuum of Care (CoC), which has established a centralized Coordinated Entry System (CES) in accordance with HUD requirements. The CES is managed by the San Bernardino County Office of Homeless Services (OHS) and serves as the primary tool for connecting individuals and families experiencing or at risk of homelessness to appropriate housing and supportive services.

The CES is designed to:
• Provide standardized assessment tools and procedures (e.g., VI-SPDAT) to evaluate the needs and vulnerabilities of people experiencing homelessness; • Prioritize clients for housing and services based on vulnerability, length of homelessness, and severity of service needs;
• Ensure fair and equal access to housing resources, including permanent supportive housing, rapid rehousing, and transitional housing;
• Use the Homeless Management Information System (HMIS) to facilitate case coordination, referrals, and outcome tracking;
• Integrate referrals from a broad range of access points, including emergency shelters, outreach teams, hospitals, and law enforcement.

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The CES is accessible through multiple physical and virtual entry points across the County, including partners such as The Salvation Army, Family Service Association of Redlands, Lutheran Social Services, and HOPE Navigation Centers, among others. All ESG subrecipients funded by the City of San Bernardino are required to participate in the CES and coordinate service delivery and housing placements through the system. This coordinated assessment approach enables a system-wide response to homelessness that improves client outcomes, reduces duplication of services, and ensures the most vulnerable populations are prioritized for limited housing resources.

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

The City of San Bernardino administers its ESG program in alignment with HUD regulations and ensures that funding is equitably accessible to eligible private nonprofit organizations, including community-based and faith-based organizations. Each program year, the City issues a Notice of Funding Availability (NOFA) or Request for Proposals (RFP) to solicit applications from qualified service providers. The process includes:

1. Public Notification: The City publicly posts the NOFA/RFP on its website and distributes it via email to a wide network of service providers, including those within the San Bernardino County Continuum of Care (CoC). Outreach is inclusive of faith-based and grassroots community organizations.

2. Eligibility and Threshold Review: All proposals are reviewed to ensure applicants meet HUD eligibility criteria for ESG funding and possess the administrative capacity to implement programs in compliance with 24 CFR Part 576.

3. Application Evaluation - Proposals are evaluated based on: Experience in serving homeless or atrisk populations; Performance outcomes and past compliance history; Program design, including alignment with the CoC’s priorities and CES participation; Cost-effectiveness and leveraging of additional resources.

4. Funding Recommendations: A City review—often including representatives from the Housing and Homelessness Division and outside advisors—scores and ranks proposals.

Recommendations are presented to the Mayor and City Council for approval as part of the Annual Action Plan and budget adoption process.

5. Contract Execution and Monitoring: Awarded subrecipients enter into formal contracts with the City. Ongoing technical assistance and monitoring ensure compliance with ESG regulations, eligible uses of funds, and performance outcomes.

The City prioritizes provider representation, including agencies with lived experience expertise, and commitment to transparent, fair, and lawful administration of ESG funds, ensuring that resources are directed efficiently toward addressing homelessness and housing instability in ways that uphold both programming integrity and federal requirements.

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

The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership.

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

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

As the oversight board of the CoC, the ICH's duties are:

1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations, including:
a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS);
i. Designate a single HMIS for the geographic area;
ii. Designate an eligible applicant to manage the CoC’s HMIS, known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS.
iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD.

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c. Developing a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements;

2. To represent the relevant organizations and projects serving homeless subpopulations;

3. To support homeless persons moving from homelessness to economic stability and affordable permanent housing within a supportive community;

4. To be inclusive of all the needs of all of the geographic area’s homeless population, including the special service and housing needs of homeless sub-populations;

5. To facilitate responses to issues and concerns affecting the agencies funded by the CoC beyond those addressed in the annual CoC application process;

6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub-recipient performance, evaluate outcomes, and take action against poor performers; and

7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program, including the ESG.

5. Describe performance standards for evaluating ESG.

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

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

All subrecipient providers should meet or exceed project quality goals established by HUD and CoC guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained mainstream benefits; and 100 percent of the project participants came from the street or other Packet Page. 96
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locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons
In addition, the subrecipient will be evaluated on administrative and reporting performance standards, including timely expenditure of ESG funds, client level data into HMIS and submission of all required reports to the City to support monitoring, reporting and performance evaluation.

Participation in the COC and compliance established referral and prioritization procedures.

Compliance with all applicable ESG written standards, program requirements, and City Policies and procedures. Maintenance of complete and accurate financial records and documentation and compliance with ESG matching fund requirements.

Discussion
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FY 2026-27 Annual Action Plan
Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Programs
Presented by:

Christian Rodriguez
Housing Division Manager
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Purpose
Outlines how CDBG, HOME, and ESG funds will be
allocated each fiscal year.

Process
• May 6, 2026
• Public Hearing to obtain community feedback
on the proposed Annual Action Plan.
• June 17, 2026
• Public Hearing to obtain Council approval of
the final Annual Action Plan to be submitted
to HUD.

Annual Action Plan
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CDBG
Eligible Uses
• Public Services & Facilities
• Housing Rehabilitation & Economic Development
• Planning & Administration
• All activities must:
• Benefit low/moderate income persons
• Prevent or eliminate slums or blight
• Meet an urgent need
Deadlines
• Timeliness Deadline: Annually every April 30 ( for a June 30 program year end)
• Timeliness Standard: City cannot exceed 1.5 times its annual allocation
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CDBG
Allocations
• Administration
• Covers staff time and operational expenses
• Maximum allowed is 20%
• Section 108
• Repayment of loan
• Funding is required

REVISED FUND ALLOCATION
*Available funds do not include reprogrammed funds
Eligible Activity Proposed Final
Administration
(maximum 20%) $507,235.00 $549,346.00
Section 108 Repayment $652,291.00 $652,290.90
Public Service (maximum
15%) $346,000.00 $346,500.00
Public Facility Projects $1,030,651.00* $1,198,597.10*
Total Funded in FY26-27 $2,536,177.00 $2,746,734.00
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CDBG
Allocations
• Fair Housing (IFHMB)
• The Inland Fair Housing Mediation Board will provide services that assist the City in furthering fair housing.
• San Bernardino Police Department
• Funds will support the PEACE Team & communication with the Homeless Outreach Team
• Neighborhood Housing Services of the Inland Empire
• Provides housing-focused financial counseling, stabilization support, and matched savings incentives to low- and moderate-income households. • Family Service Association (FSA)
• The Senior Nutrition Program provides home-delivered meals to eligible older adults residing in the City of San Bernardino.
• Public Improvement Projects
• The public facility projects include improvements at Perris Hill Park through the installation of prefabricated, ADA compliant restroom facilities. These improvements are intended to expand access to clean, safe, and accessible public restrooms amenities within City parks.

Public Service Programs (Maximum 15%)
Eligible Activity Proposed Final
Inland Fair Housing
Mediation Board (IFHMB) $70,000.00 $70,000.00
SB Police Department
Quality of Life Team $195,000.00 $195,000.00
Neighborhood Housing
Services of the Inland
Empire
$40,000.00 $40,000.00
Family Service Association
(FSA) $41,000.00 $41,500.00
Public Service Total $346,000.00 $346,500.00
Public Facility Projects
Perris Hill Park (FY 26-27)
Allocation
$1,030,651.00 $1,198,597.10
Perris Hill Park (FY 25-26)
Reallocation
$0.00 $24,692.40
Public Facility Projects Total $1,030,651.00 $1,223,289.50 Packet Page. 102
CDBG
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HOME
Eligible Uses
• Infill Housing Projects
• Multifamily Housing Projects
• Home Rehabilitation Projects
• First-Time Homebuyer Assistance
• New Construction
Deadlines
• Obligation Deadline: Funds must be committed
within 24 months of HUD allocation
• Expenditure Deadline: Funds must be fully expended
within 5 years
• Subject to annual HUD allocation and local program
timelines
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HOME
Allocations
• Administration
• Covers staff time and operational expenses
• Maximum allowed is 10%
• Affordable Housing Projects
• Funds affordable housing initiatives primarily
for low-income households

REVISED FUND ALLOCATION
NOTE: Available funds do not include carryovers
Eligible Activity Proposed Final
Administration
(maximum 10%) $109,234.00 $116,180.00
Affordable Housing
HOME Program
$983,108.00 $1,045,660.19
Total Funded in FY 26-27 $1,092,342.00 $1,161,844.19
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ESG
Eligible Uses
• Engagement of individuals living on the streets
• Improvement of homeless shelters
• Operation of homeless shelters
• Rapid re-housing
• Homelessness prevention
Deadlines
• Obligation Deadline: Funds must be obligated within 180 days of the HUD grant agreement.
• Expenditure Deadline: Funds must be expended within
24 months of the HUD grant agreement.

Packet Page. 106
ESG
Allocations
• Administration
• Covers staff time and operational expenses
• Maximum allowed is 7.5%
• Salvation Army
• The Salvation Army Hospitality House (HH) of San
Bernardino operates Community Meals, Emergency
Shelter (ES), and Transitional Living (TL) programs.

REVISED FUND ALLOCATION
Eligible Activity Proposed Final
Administration (7.5%
maximum) $17,196.00 $17,878.65
The Salvation Army $212,084.00 $220,503.35
Total Funded in FY 26-27 $229,280.00 $238,382.00
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Staff Recommendation

2. Adopt Resolution No. 2026-067 authorizing the approval, acceptance, and allocation of the Fiscal Year 2026-2027 Annual Action Plan; and

Conclusion
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Questions?
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This space for filing stamp only
OR#:

O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:

Ad Description:

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 ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, 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 Orange, State of California, under date of June 2, 1922, Case No. 13,421. 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:

Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 4041809
Vanessa Alvarado

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

HRG - NOTICE OF HEARING

CITY OF SAN BERNARDINO NOTICE OF PUBLIC HEARING AND
30-DAY PUBLIC COMMENT PERIOD REGARDING THE
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:
05/11/2026
05/11/2026

SAN BERNARDINO
!A000007402620! Email

CITY OF SAN BERNARDINO

NOTICE OF PUBLIC HEARING
AND 30-DAY PUBLIC COMMENT
PERIOD

REGARDING THE PROPOSED
FY 2026-2027

ANNUAL ACTION PLAN
NOTICE IS HEREBY GIVEN that
the City of San Bernardino (‘‘City’’)
is an entitlement jurisdiction that receives Community Development Block Grant (CDBG), HOME
Investment Partnerships (HOME),
and Emergency Solutions Grant
(ESG) funds directly from the U.S.

Department of Housing and Urban
Development (HUD). The City
anticipates receiving approximately
$2,746,734 in CDBG, $1,161,844.19 in
HOME, and $238,382 in ESG funds.

As a condition to receiving these
funds, the City must submit a One- Year Annual Action Plan to HUD each year explaining how it intends
to invest federal funds to meet
community development, affordable
housing, and homelessness
prevention needs.

The City has prepared a draft of the
Fiscal Year (FY) 2026-2027 Annual
Action Plan as required by HUD. Citizens are encouraged to review the draft FY2026-2027 Annual Action Plan. Copies of the Draft FY 2026- 2027 Annual Action Plan will be
available for public review beginning Thursday, May 7, 2026, through Monday, June 8, 2026, at the
City of San Bernardino Community,
Housing, and Economic
Development Department, 201 N. E
Street, San Bernardino, CA, 92401, or
the City's website at the link below:
https://www.sbcity.org/city_hall/co
mmunity_economic_development/ho
using/public_notices Copies may also be requested by
contacting the Housing Division at
(909) 384-7272.

The City Council will conduct two
public hearings. Both hearings will
be held at 5:00 p.m. at Norman F.

Feldheym Central Library - 555 W.
6th Street, San Bernardino, CA
92410:

1. Wednesday, May 6, 2026:

Presentation of Draft FY2026- 2027 Annual Action Plan

2. Wednesday, June 17, 2026:

Request Approval of Draft
FY2026-2027 Annual Action Plan
All citizens are welcome to attend.

All comments relative to the Draft
FY2026-2027 Annual Action Plan must be submitted to the City of San Bernardino, Community and
Economic Development
Department, no later than 11:00
a.m. on June 8, 2026. Questions and written comments
regarding the Draft One-Year
Action Plan may be addressed to
Packet Page. 111
Cassandra Searcy, Deputy Director of Housing & Homelessness with the City of San Bernardino Community and Economic Development Department located at 201 N. ‘‘E’’
Street, 3rd Floor, San Bernardino, CA
92401 or by email at
[email protected]. You may also
call (909) 384-7268 with any questions
concerning the above documents. ACCESSIBILITY TO MEETINGS

AND DOCUMENTS
It is the objective of the City to comply with Section 504 of the Rehabilitation Act of 1973, as
amended, the Americans with
Disabilities Act (ADA) of 1990, and
the ADA Amendment Act of 2008, the
Fair Housing Act, and the
Architectural Barriers Act in all
respects. If you require public
documents in an accessible format,
the City will make reasonable
efforts to accommodate your
request. If you require a disabilityrelated accommodation to attend, participate in a hearing or meeting,
including auxiliary aids or services,
please contact the City Clerk's
Office, at least 48 hours prior to the
meeting, at (909) 384-5002. 5/11/26
SBS-4041809#
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55600.00203\43139729.2

COMMUNITY DEVELOPMENT BLOCK GRANT

SUBRECIPIENT AGREEMENT

BY AND BETWEEN

CITY OF SAN BERNARDINO
AND
[SUBRECIPIENT]
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55600.00203\43139729.2

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 moderateincome 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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55600.00203\43139729.2
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] Packet Page. 116
55600.00203\43139729.2
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 Packet Page. 117
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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, employeeemployer 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 Packet Page. 118
55600.00203\43139729.2
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 Packet Page. 120
55600.00203\43139729.2
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 Packet Page. 122
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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 Packet Page. 124
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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 Packet Page. 125
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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 Packet Page. 128
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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, DIRECTORS, 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 (INCLUDING, WITHOUT LIMITATION,
REASONABLE ATTORNEYS’ FEES AND COURT COSTS THAT MAY BE

INCURRED BY THE CITY IN LITIGATION 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 AGREEMENT, 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 INDEMNIFYING 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, Packet Page. 134
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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.

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, Packet Page. 136
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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 Packet Page. 137
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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 Packet Page. 138
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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 Packet Page. 143
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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 Packet Page. 145
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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 faithbased 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 Packet Page. 146
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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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33 Packet Page. 148
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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 PassThrough 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 Packet Page. 154
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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-.2072; • 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 requirements3 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 Packet Page. 158
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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 project17 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.” Packet Page. 159
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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.

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, Packet Page. 165
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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 PassThrough 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.

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 Packet Page. 166
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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 Packet Page. 168
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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 PassThrough 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 Packet Page. 179
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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 [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, employeeemployer 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.

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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 LeadBased 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., 3rd 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.

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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.

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 Packet Page. 198
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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.

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 Packet Page. 199
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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, DIRECTORS, MANAGERS, EMPLOYEES,

AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS
(“INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, Packet Page. 203
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LIABILITY, EXPENSE, JUDGMENT, SUIT, CAUSE OF ACTION, DEMAND,

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

INCURRED BY THE CITY IN LITIGATION 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 AGREEMENT, AND WHICH DOES NOT

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

CITY WILL PROVIDE THE INDEMNIFYING 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 Packet Page. 204
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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 Packet Page. 205
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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 Packet Page. 206
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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 Packet Page. 208
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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 Packet Page. 209
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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.

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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 Packet Page. 212
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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 Packet Page. 213
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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 Packet Page. 215
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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 Packet Page. 216
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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.

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 Packet Page. 217
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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 PassThrough 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 Packet Page. 225
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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 Packet Page. 226
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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.

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 Packet Page. 227
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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 decisionmaking 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 project1 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.” Packet Page. 228
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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 PassThrough 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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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.

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 Packet Page. 235
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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.

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 Packet Page. 236
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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

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 (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 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 Packet Page. 237
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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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Exhibit D
Emergency Services Grant Written Standards
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Exhibit E
Project Budget
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Exhibit F
City’s Conflict of Interest Policy
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Exhibit G
City’s Insurance Requirements and Certificate of Insurance Packet Page. 246
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[Exhibit H]
[ESG Property Standards]
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[Exhibit I]
[ESG Rapid Re-Housing - VAWA Lease Addendum Lease Addendum] Packet Page. 250
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[Exhibit J]
[HMIS Compliance Report Form]
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[Exhibit K]
[Affirmative Outreach Policy and Procedures
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Resolution No. 2026-067
Resolution No. 2026-067
June 17, 2026

Page 1 of 4 ends

Mayor and City CouncilJune 17, 2026

Mayor and City Council
June 17, 2026