HomeMy WebLinkAbout04-26-2023 Agenda PacketMayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FOR THE
SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
AGENCY, 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, APRIL 26, 2023
6:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran
Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Charles E. McNeely
COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San
Bernardino.
PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
Please contact the City Clerk's Office (909) 3845002 two working days prior to the
meeting for any requests for reasonable accommodation, to include interpreters.
To view PowerPoint presentations, written comments, or any revised documents
for this meeting date, use this link: tinyurl.com/agendabackup. Select the
corresponding year and meeting date folders to view documents.
Mayor and City Council of the City of San Bernardino Page 2 Printed {{meeting.compile_datetime}}
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
Interim City Manager Charles McNeely
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
CONSENT CALENDAR
1. Homekey 3.0 Grant Funding Application and American Rescue Plan Act
(ARPA) Funding Subaward Agreement. (Grant) (Ward 2)
Recommendation:
1. Adopt Resolution No. 2023057 of the Mayor and City Council of the City of San
Bernardino, California, approving a submit a joint application with Lutheran Social Services
of Southern California (LSS) to apply for Homekey 3.0 grant funding for the development of a
140bed interim housing and 30semiprivate emergency shelter beds on LSSowned
property located at 1354 N G St, San Bernardino and authorize the City Manager, or
designee, to sign any documents that may be required to apply for funding, including making
minor and nonsubstantive changes; and
2. Authorize the City Manager, or designee, to execute an American Rescue Plan Act
(ARPA) funding subaward agreement with LSS for the disbursement of funds up to $5
million. The funds will be used for the construction of a 140bed interim housing facility and
30 emergency shelter beds with semiprivate accommodations.
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council
Acting as the Successor Agency to the Redevelopment Agency will be held on May 03, 2023 at
the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401.
Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.
Mayor and City Council of the City of San Bernardino Page 3 Printed {{meeting.compile_datetime}}
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that
the agenda for the April 26, 2023, Special Meeting of the Mayor and City Council and the Mayor
and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the
City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the San
Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the
City's website sbcity.org on Tuesday, April 25, 2023.
I declare under the penalty of perjury that the foregoing is true and correct.
NOTICE OF A SPECIAL MEETING OF THE
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
DATE: Tuesday, April 25, 2023
SUBJECT: Special Meeting on Wednesday, April 26, 2023
NOTICE IS HEREBY GIVEN that the City Manager with a consensus of
the Mayor and City Council of the City of San Bernardino has called a Special
Meeting for Wednesday, April 26, 2023, at 6:00 p.m.
Said meeting shall be for the purpose of considering the following:
CONSENT CALENDAR
1. Homekey 3.0 Grant Funding Application and American Rescue Plan
Act (ARPA) Funding Subaward Agreement. (Grant) (Ward 2)
Recommendation:
1. Adopt Resolution No. 2023-057 of the Mayor and City Council of the City of
San Bernardino, California, approving a submit a joint application with Lutheran
Social Services of Southern California (LSS) to apply for Homekey 3.0 grant funding
for the development of a 140-bed interim housing and 30-semi-private emergency
shelter beds on LSS-owned property located at 1354 N G St, San Bernardino
and authorize the City Manager, or designee, to sign any documents that may be
required to apply for funding, including making minor and non-substantive changes;
and
2. Authorize the City Manager, or designee, to execute an American Rescue
Plan Act (ARPA) funding subaward agreement with LSS for the disbursement of
funds up to $5 million. The funds will be used for the construction of a 140-bed
interim housing facility and 30 emergency shelter beds with semi-private
accommodations.
ADJOURNMENT
The Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency will adjourn to the regular
meeting on Wednesday, May 3, 2023. Closed Session will begin at 5:30 p.m.
and Open Session will begin at 7:00 p.m.
Genoveva Rocha, CMC, City Clerk
Mayor and City Council of the City of San Bernardino Page 4 Printed {{meeting.compile_datetime}}
NOTICE:
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter
on the agenda or not on the agenda, which is within the subject matter jurisdiction of the Mayor
and City Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency may address the body during the period reserved for public comments.
In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21,
2018, the following are the rules set forth for Public Comments and Testimony:
Public Comments and Testimony:
Rule 1. Public comment shall be received on a first come, first served basis. If the presiding
officer determines that the meeting or hearing may be lengthy or complicated, the presiding
officer may, in his or her discretion, modify these rules, including the time limits stated below.
Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card
and turn in the speaker reservation card to the City Clerk prior to the time designated on the
agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure
of a person to promptly respond when their time to speak is called shall result in the person
forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment
audibly state into the microphone, if one is present, his or her name and address before
beginning
comment. If that person is representing a group or organization the presiding officer may request
that the speaker identify that group or organization, including that group or organization' s
Address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to
provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3)
minutes per meeting, to address items on the agenda and items not on the agenda
but within the subject matter jurisdiction of the Mayor and City Council.
5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of
the public desiring to provide public testimony at a public hearing shall have a
reasonable time, not to exceed ( 3) minutes, to provide testimony during each
public hearing.
Mayor and City Council of the City of San Bernardino Page 5 Printed {{meeting.compile_datetime}}
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter
not on the agenda but which is within the subject matter jurisdiction of the Mayor and City
Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment
Agency may address the body at the end of the meeting, during the period reserved for public
comments. Said total period for public comments shall not exceed 60 minutes, unless such time
limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each
member of the public, unless such time limit is extended by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No
member of the public shall be permitted to "share" his/her three minutes with any other member
of the public.
Speakers who wish to present documents to the governing body may hand the documents to the City
Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to
the Redevelopment Agency may refer any item raised by the public to staff, or to any commission,
board, bureau, or committee for appropriate action or have the item placed on the next agenda of
the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to
the Redevelopment Agency. However, no other action shall be taken nor discussion held by the
Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency on any item which does not appear on the agenda unless the action is
otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of
the Government Code.
Public comments will not be received on any item on the agenda when a public hearing has been
conducted and closed.
Mayor and City Council of the City of San Bernardino Page 6 Printed {{meeting.compile_datetime}}
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to publiccomments@sbcity.org. Written public comments
received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be
provided to the Mayor and City council and made part of the meeting record. They will not be
read aloud unless you require an ADA accommodation.
Please note: messages submitted via email and this page are only monitored from the publication
of the final agenda until the deadline to submit public comments. Please contact the City Clerk at
9093845002 or SBCityClerk@sbcity.org for assistance outside of this timeframe.
2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair
decides the cutoff time for public comment, and the time may vary per meeting. If you wish to
submit your speaker slip in advance of the meeting, please submit your request to speak using
the form on the following page: https://tinyurl.com/mccpubliccomments
3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be
viewable on Zoom)
a) You can use a mobile phone or a landline to dial into a Zoom meeting.
i) Dial (669) 9006833. When prompted, enter the Meeting ID: 6778459453 Passcode:2023
The public may begin joining the meeting on Zoom or by callingin to be added to the speaker
queue at 5:15 PM for Closed Session.
Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate
time:
ii) Dial *9 from your phone to raise your hand via Zoom
If calling in staff will confirm the last four digits of the caller's phone number and unmute them,
the caller must then press *6 to speak from their device. Callers are encouraged, but not
required, to identify themselves by name. Each caller will be provided three (3) minutes to speak.
If you are calling in, please turn your volume down on your television or other devices to limit any
feedback when you speak.
Continued next page...
8) Join the Meeting by clicking on the Zoom link below:
1
3
2
6
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:April 26, 2023
To:Honorable Mayor and City Council Members
From:Charles E. McNeely, Interim City Manager;
Nathan Freeman, Agency Director of Community, Housing, and
Economic Development
Department:Community & Economic Development (CED)
Subject:Homekey 3.0 Grant Funding Application and American
Rescue Plan Act (ARPA) Funding Subaward Agreement.
(Grant) (Ward 2)
Recommendation
It is recommended that the Mayor and City Council of San Bernardino, California:
1. Adopt Resolution No. 2023-057 authorizing the City of San Bernardino to submit a
joint application with Lutheran Social Services of Southern California (LSS) to apply
for Homekey 3.0 grant funding for the development of a 140-bed interim housing and
30-semi-private emergency shelter beds on LSS-owned property located at 1354 N G
St, San Bernardino and authorize the City Manager, or designee, to sign any
documents that may be required to apply for funding, including making minor and non-
substantive changes; and
2. Authorize the City Manager, or designee, to execute an American Rescue Plan Act
(ARPA) funding subaward agreement with LSS for the disbursement of funds up to $5
million effective May 1, 2023 - December 31, 2026.
Background
At the Homeless Workshop held on October 27, 2022, it was agreed by the Mayor and
City Council that there was a need to expand shelter bed capacity for those experiencing
homelessness in the City of San Bernardino. On December 7, 2022, the Council
unanimously approved allocating $5 million in ARPA funds to LSS to develop shelter beds
and provide case management. LSS is a non-profit organization that offers social services
and support to those in need, including mobile shower and laundry services, emergency
shelters, transitional housing, and case management. The organization has previously
partnered with the City on initiatives to tackle homelessness.
Packet Pg. 8
1
3
2
6
The State of California Department of Housing and Community Development (HCD)
announced on March 29, 2023, the availability of approximately $736 million in Homekey
funding for the rapid expansion of housing inventory for those experiencing
homelessness, or at risk of homelessness, who are also impacted by or at increased risk
for medical diseases or conditions due to COVID-19 or other communicable diseases.
This funding provides an opportunity for public entities at the state, regional, and local
levels to develop various housing types including hotels, motels, hostels, single-family
homes, multifamily apartments, adult residential facilities, and manufactured housing, and
to convert commercial properties and existing buildings into permanent or interim housing.
The City is eligible to apply for Homekey funding until July 28, 2023, on a first-come, first-
served basis in a geographic set-aside that covers Imperial, Orange, San Bernardino,
Ventura, and Riverside Counties.
Discussion
As per the requirements of HCD, it is necessary for local or county government agencies
to apply for Homekey grant funds. To this end, the staff is seeking approval to jointly apply
with LSS for the Homekey 3.0 grant funding for the development of a 140-bed interim
housing facility and 30 semi-private emergency shelter beds for a total development cost
of $35 Million. Additionally, staff is requesting authorization to approve the ARPA funds
subaward agreement of $5 million with LSS for the project's development, which is
itemized as follows:
Expenditure Type Projected Expenditures
Pre-Development $2,000,000
Site Preparation $1,000,000
Completing the construction of the
140 noncongruent interim housing beds
and 30 emergency shelter beds
$1,000,000
Providing ongoing case management
services to ensure residents have the
resources and support needed to
maintain permanent housing and
employment
$1,000,000
Total Expenditure $5,000,000
The aim of this project is to facilitate housing options for residents, provide case
management to enhance their housing stability and autonomy, and assist them in moving
towards permanent housing. The subrecipient's obligations under the ARPA funds sub-
award are as follows:
•Conducting community outreach and engagement activities to ensure the facility is
responsive to the needs of the community.
•Obtaining all necessary permits and approvals from local, state, and federal
agencies.
•Developing a detailed design and engineering plan for the modular housing units,
central building, and onsite supportive services.
Packet Pg. 9
1
3
2
6
•Conducting site preparation activities, such as grading, excavation, and utility
installation, based on the design and engineering plan.
•Installing essential services, such as water, sewer, electrical, and heating/cooling
systems, based on the design and engineering plan.
•Constructing a central building to house administrative offices, case management
services, and onsite supportive services, based on the design and engineering plan.
•Completing onsite supportive services, such as job training/placement, housing
navigation, and case management, as outlined in the design and engineering plan.
•Conducting a final inspection and approval of all construction deliverables and
services.
•Submitting all required documentation to the local agency overseeing the ARPA funds
to disburse the remaining funds, as needed.
2021-2025 Strategic Targets and Goals
Expanding accessibility to housing will improve quality of life for unhoused residents. The
construction of the facility aligns with Strategic Target No. 3: Improved Quality of Life.
Fiscal Impact
No General Fund impact is associated with this item. City Council approved $5,000,000
in ARPA funding on December 7, 2022, to develop 140-bed interim housing and 30 semi-
private emergency shelter beds.
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California:
1. Adopt Resolution No. 2023-057 authorizing the City of San Bernardino to submit a
joint application with Lutheran Social Services of Southern California (LSS) to apply
for Homekey 3.0 grant funding for the development of a 140-bed interim housing and
30-semi-private emergency shelter beds on LSS-owned property located at 1354 N
G St, San Bernardino and authorize the City Manager, or designee, to sign any
documents that may be required to apply for funding, including making minor and
non-substantive changes; and
2. Authorize the City Manager, or designee, to execute an American Rescue Plan Act
(ARPA) funding subaward agreement with LSS for the disbursement of funds up to
$5 million effective May 1, 2023 - December 31, 2026.
Attachments
Attachment 1: LSS Homekey Resolution
Attachment 2: LSS ARPA Fund Sub-Award Agreement
Ward:
Second Ward
Synopsis of Previous Council Actions:
August 4, 2021 Mayor and City Council received a report and discussed the
allocation of ARPA funds.
Packet Pg. 10
1
3
2
6
December 7, 2022 Mayor and City Council approved a Homelessness Solutions
Action Plan.
December 7, 2022 Mayor and City Council authorized the use of $24,500,000 in
ARPA funds for the development of a Navigation Center,
State of California Homekey Round 3 Projects,
Homeless/Street Outreach and $150,000 towards Mobile
Shower Expansion.
February 1, 2023 Mayor and City Council declare a Homelessness State of
Emergency
Packet Pg. 11
AUTHORIZING RESOLUTION
RESOLUTION NO. ______
A RESOLUTION OF THE GOVERNING BODY OF CITY OF SAN BERNARDINO
CALIFORNIA, AUTHORIZING JOINT APPLICATION TO AND PARTICIPATION IN
THE HOMEKEY PROGRAM
WHEREAS:
A. The Department of Housing and Community Development (“Department”) has
issued a Notice of Funding Availability, dated March 29, 2023 (“NOFA”), for the
Homekey Program (“Homekey” or “Program”). The Department has issued the
NOFA for Homekey grant funds pursuant to Health and Safety Code section
50675.1.3 (Assem. Bill No. 140 (2021-2022 Reg. Sess.), § 20.).
B.CITY OF SAN BERNARDINO (“Co-Applicant”) desires to jointly apply for
Homekey grant funds with LUTHERAN SOCIAL SERVICES (“Corporation”).
Therefore, Co-Applicant is joining Corporation in the submittal of an application
for Homekey funds (“Application”) to the Department for review and
consideration.
C. The Department is authorized to administer Homekey pursuant to the
Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675)
of Part 2 of Division 31 of the Health and Safety Code). Homekey funding
allocations are subject to the terms and conditions of the NOFA, the
Application, the Department-approved STD 213, Standard Agreement
(“Standard Agreement”), and all other legal requirements of the Homekey
Program.
THEREFORE, IT IS RESOLVED THAT:
1. Co-Applicant is hereby authorized and directed to submit a joint Application to
the Department in response to the NOFA, and to jointly apply for Homekey
grant funds in a total amount not to exceed $___35,000,000_______.
2. If the Application is approved, Co-Applicant is hereby authorized and directed
to enter into, execute, and deliver a Standard Agreement in a total amount not
to exceed $___35,000,000________, any and all other documents required or
deemed necessary or appropriate to secure the Homekey funds from the
Department and to participate in the Homekey Program, and all amendments
thereto (collectively, the “Homekey Documents”).
3. Co-Applicant acknowledges and agrees that it shall be subject to the terms and
conditions specified in the Standard Agreement, and that the NOFA and
Application will be incorporated in the Standard Agreement by reference and
made a part thereof. Any and all activities, expenditures, information, and
timelines represented in the Application are enforceable through the Standard
Agreement. Funds are to be used for the allowable expenditures and activities
identified in the Standard Agreement.
Packet Pg. 12
4.CITY MANAGER: or his or her designee,] is authorized to execute the
Application and the Homekey Documents on behalf of Co-Applicant for
participation in the Homekey Program.
PASSED AND ADOPTED this _____ day of ______________, 202_, by the following vote:
AYES: [ #_] NAYES: [ #_] ABSTAIN: [ #_] ABSENT: [ #_]
The undersigned, Dr. LaSharnda Beckwith, President and CEO of Co-Applicant, does
hereby attest and certify that the foregoing is a true and full copy of a resolution of the
governing body adopted at a duly convened meeting on the date above-mentioned, and
that the resolution has not been altered, amended, or repealed.
SIGNATURE: ________________________ DATE: _____________________
NAME: _____________________________ TITLE: _____________________
[NOTICE AND INSTRUCTIONS APPEAR ON THE FOLLOWING PAGE]
Packet Pg. 13
NOTICE AND INSTRUCTIONS
1.Notice. The Department is providing this template Authorizing Resolution as
informational guidance only. The Department encourages each Co-Applicant to
consult with professional legal counsel during the development of its own formal,
legally binding statement that it is authorized to apply to and participate in the
Homekey Program.
a. Please note, however, that any limitations or conditions on the authority of the
signatory or signatories to execute the Application or the Homekey Documents
may result in the Department rejecting the Authorizing Resolution.
2.Accuracy, Verification. The Department will verify that this Authorizing Resolution
comports with the legal authority and composition of Co-Applicant’s governing body.
Co-Applicant must timely notify the Department, in writing, of any factors that limit its
ability to provide an Authorizing Resolution which is materially in line with this
template.
3.Dollar Amounts of Grant Awards. The Department recommends identifying an
authorized dollar amount that is at least double the anticipated award (based on
current formula calculations). Award amounts are subject to change. If Co-Applicant
is ultimately awarded an amount in excess of the amount identified in the Authorizing
Resolution, the Department will require a new Authorizing Resolution from Co-
Applicant before execution of a Standard Agreement.
4.Authorized Signatory or Signatories, Designee. Co-Applicant, as a state, regional,
or local public entity, may designate an authorized signatory by title only. In addition,
Co-Applicant may authorize multiple signatories, so long as there is clarifying
language as to whether the signatories are authorized to execute the Homekey
Documents individually or collectively. In addition, Co-Applicant may authorize a
designee of the authorized signatory to execute the Homekey Documents. In such
case, Co-Applicant must append a supporting document (e.g., memorandum,
meeting notes of official action), which indicates the name and title of the designee
who is authorized to legally bind the governing body.
5.Vote Count. Please fill out the field by every voting category (i.e., Ayes, Nayes,
Abstain, Absent). If none, please indicate zero (0) for that field. The vote count must
comport with the legal authority and membership of the Co-Applicant’s governing
body.
6.Certification of Authorizing Resolution. The individual who certifies the Authorizing
Resolution cannot also be authorized to execute the Homekey Documents on behalf
of Co-Applicant.
Packet Pg. 14
Page 1 of 9
CITY OF SAN BERNARDINO AMERICAN RESCUE PLAN ACT
SUBAWARD AGREEMENT
This Subaward Agreement (“Agreement”) is between the City of San Bernardino,
a California charter city (“City”), and the Lutheran Social Services of Southern California
(“Subrecipient”). City and Subrecipient may be individually referred to herein as the
“Party” and collectively as the “Parties.”
RECITALS
A. On March 10, 2021, the United States Congress passed, and on March 11, 2021,
President Joseph Biden signed into law, the American Rescue Plan Act (“ARPA”).
B. ARPA established the Coronavirus State Fiscal Recovery Fund (“CSFRF”) and
Coronavirus Local Fiscal Recovery Fund (“CLFRF”), together known as the
Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, which
provides a combined $350 billion in assistance to eligible state, local, territorial,
and Tribal governments to help turn the tide on the pandemic, address its
economic fallout, and lay the foundation for a strong and equitable recovery.
C. The City received federal funding in the form of the CSLFRF under ARPA in
response to the coronavirus (“COVID-19”) pandemic. These funds may be used
to carry out a wide range of community development activities, including those that
benefit local communities.
D. The Interim Final Rule on CSLFRF issued by the Department of the Treasury
(“Treasury”) effective May 17, 2021, and the Final Rule issued by the Department
of the Treasury effective April 1, 2022, (together, the “Rule”) provide the rules and
guidelines for how CSLFRF funds may be spent.
E. ARPA states the City may grant subawards to subrecipients for the furtherance of
an ARPA eligible use. City desires to make a grant of CSLFRF funds to the
Subrecipient, in accordance with the terms of this Agreement and all applicable
provisions of ARPA, to carry out the services that the Subrecipient will provide
(“Services” or “Project”).
TERMS AND CONDITIONS
Now, therefore, in consideration of the above recitals, which are hereby fully
incorporated into this Agreement, and the mutual covenants containe d herein, City and
Subrecipient agree as follows:
1. Scope of Services, Budget. The scope of the Services is set forth in the attached
Scope of Work and Budget, which is included as Exhibit “A” to this Agreement.
Packet Pg. 15
Page 2 of 9
2. Term. The term of this Agreement begins on May 1,2023 and continues through
December 31, 2026, unless modified or terminated in accordance with this
Agreement. Subrecipient certifies that the use of funds will be used only to cover
expenditures allowed under ARPA and incurred during the Term. Any cost
obligated by Subrecipient as of December 31, 2024, must be expended by
December 31, 2026, to meet the eligible costs timeframe as defined by the United
States Department of the Treasury.
3. Compensation City will provide Subrecipient with an amount not-to-exceed
$5,000,000(the “Grant Funds”). Any expenses and costs incurred by the
Subrecipient in excess of the Grant Funds shall be the sole responsibility of the
Subrecipient. Subrecipient shall use the Grant Funds for the Services.
Subrecipient shall submit a Reimbursement Request to the City for payment of the
Grant Funds in accordance with the Reimbursement Procedures that is attached
hereto as Exhibit “B.” Subrecipient agrees that all expenditures are to be in
accordance with the terms of this Agreement.
4. Availability of Funds. City’s payment to Subrecipient under this Agreement is
contingent on the availability of program funds and continued federal and state
authorization for the funded program activities.
5. Performance Monitoring. The City will monitor the performance of the
Subrecipient against goals and performance standards required her ein or by
ARPA. Substandard performance, as determined by the City in its sole discretion,
will constitute non-compliance with this Agreement. If action to correct such
substandard performance is not taken by the Subrecipient within a reasonable
period of time, but no later than 10 days, after being notified by the City, the City
may suspend any pending disbursements of Grant Funds or may, in its sole
discretion, terminate this Agreement in the manner provided herein.
6. Modification and Termination.
6.1 City may modify or terminate this Agreement at any time if in good faith City
deems it necessary to:
(A) Respond to a reduction or elimination of funds or discontinued
authorization; or
(B) Comply with changes in City, state, or federal legislation, regulation,
or policy.
6.2 Any modification of this Agreement must be by written amendment, signed
by both Parties. If City modifies the Agreement and Subrecipient refuses to
accept the modification by executing a corresponding amendment, City may
terminate the Agreement for cause.
7. Commencement of Performance. Subrecipient may not obligate or request
disbursement of funds, incur any cost, or initiate identified Services that are the
Packet Pg. 16
Page 3 of 9
subject of this Agreement until each of the following provisions has been fully
satisfied:
7.1 Subrecipient must furnish proof of insurance as required by this Agreement.
7.2 City has obtained proof that Subrecipient is registered on SAM.gov and that
Subrecipient is not suspended or barred from federally funded programs.
7.3 Subrecipient has provided City with a completed Request for Taxpayer
Identification Number and Certification, Form W-9 (Rev. 2020, as issued by
the Internal Revenue Service).
7.4 This Agreement is fully executed by the Parties.
8. Representatives of the Parties and Service of Notice. The Parties’ respective
representatives who are primarily responsible for the administration of the
Agreement, and to whom formal notice, demands and communications must be
given, are as follows:
8.1 The principal representative of the City is:
Community & Economic Development
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
8.2 The principal representative of Subrecipient is:
Lutheran Social Services of California
999 Town and Country Road (Suite 100)
Orange, CA 92868
8.3 Notices, demands, and communications to be given hereunder by either
Party must be made in writing and affected by personal delivery or by mail.
When mailed and addressed in accordance with this section, notice is
deemed given upon deposit in the U.S. mail, postage pre-paid. In all other
instances, notice is deemed given at the time of actual delivery.
8.4 Each Party will provide the other with the name and current co ntact
information of its principal representative within five business days after
designating a new principal representative or after any change to the
representative’s contact information.
9. Compliance with Laws. Subrecipient shall comply with all federal, state and local
laws, ordinances, rules and regulations as well as applicable codes of ethics,
pertaining to or regulating the provision of the services, including those now in
effect and hereafter adopted. Any violation of such laws, ordinances, rules a nd
regulations, and applicable codes of ethics shall constitute a material breach of
Packet Pg. 17
Page 4 of 9
this Agreement and shall entitle the City to terminate this Agreement immediately
upon delivery of written notice of termination to the Subrecipient.
10. Federal Terms and Conditions.
10.1 The Grant Funds must be used strictly in accordance with the ARPA
Requirements attached hereto as Exhibit “C,” which are incorporated herein
by this reference. To the extent that any provision contained in Exhibit “C”
conflicts with any provision of this Agreement, Exhibit “C” governs.
10.2 Any Grant Funds expended by Subrecipient in any manner that does not
adhere to the ARPA Requirements and this Agreement shall be returned or
repaid to the City. This includes, but is not limited to, funds paid to
Subrecipient: i) in excess of the amount to which Subrecipient is finally
determined to be authorized to retain; ii) that are determined to have been
misused; or iii) that are determined to be subject to a repayment obligation
pursuant to section 603(e) of ARPA.
11. Independent Contractor. Subrecipient is an independent contractor. As such,
Subrecipient has no power or authority to incur any debt, obligation , or liability on
behalf of City. Further, neither Subrecipient nor anyone working on its behalf is not
entitled to any benefit typically associated with an employee such as medical, sick-
leave, or vacation benefits.
12. Pers Eligibility Indemnity
12.1 In the event that Subrecipient or any employee, agent, or subcontractor of
Subrecipient providing Services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public
Employees Retirement System (PERS) to be eligible for enrollment in
PERS as an employee of City, Subrecipient will indemnify, defend, and hold
harmless City for the payment of any employee or employer contribution for
PERS benefits for Subrecipient or its employees, agents, or subcontractors,
as well as for the payment of any penalties and interest on such
contributions, that would otherwise be the responsibility of City.
12.2 Notwithstanding any other state or federal policy, rule, regulation, law , or
ordinance to the contrary, Subrecipient and any of its employees, agents,
and subcontractors providing Services under this Agreement do not qualify
for or become entitled to, and hereby agree to waive any claims to, any
compensation, benefit, or any incident of employment by City, including but
not limited to eligibility to enroll in PERS as an employee of City and
entitlement to any contribution to be paid by City for employer contribution
or employee contributions for PERS benefits.
13. Indemnity and Insurance
Packet Pg. 18
Page 5 of 9
13.1 Indemnity. Subrecipient will hold City and its employees, officers, and
agents free and harmless from all losses, claims, liens, demands, and
causes of action of every kind and character, including, but not limited to,
the amounts of judgment, interests, court costs, legal fees, expert costs,
expert fees, and all other expenses incurred by City to the maximum extent
allowed by law arising in favor of any party, including claims, liens, debts,
personal injuries, including employees of City, death or damages to property
(including property of City) and without limitation by enumeration, all other
claims or demands of every character occurring or arising directly out of or
as a consequence of the performance of the Services, this Agreement,
violation of ARPA Requirements, and use of the Grant Funds, except only
such injury to persons or damage to property due or claimed to be due to
the sole negligence or willful misconduct of City.
13.2 Insurance. Subrecipient will procure and maintain at all times during the
term of this Agreement insurance as set forth in Exhibit “D” attached hereto.
14. Records, Inspections, and Reports.
14.1 Subrecipient will maintain full and accurate records with respect to all
Services and matters covered under this Agreement. City may have free
access at all reasonable times to such records, and has the right to examine
and audit the same and to make transcripts therefrom, and to inspect all
program data, documents, proceedings, and activities. Subrecipient
understands and agrees that City may, at any time, request additional
information that may be required for the purpose of making necessary
reports to Treasury, or for otherwise evaluating Subrecipient's progress and
performance under this Agreement. In the event of such requests,
Subrecipient will comply by providing the appropriate data within 10 working
days from the date of any such request.
14.2 The City, Treasury Department, the Comptroller General of the United
States, or any of their duly authorized representatives shall have access to
all books, documents, papers and records maintained by the Subrecipient
in connection with the Services for the purpose of audit, examination,
excerpts and transcriptions.
14.3 Subrecipient further understands and agrees that the records and additional
information described in this section must be retained on a continuing basis
for a period of five (5) years after this Agreement has expired, as required
for compliance with ARPA Requirements.
14.4 Subrecipient shall submit “Quarterly Reports” during the term of this
Agreement, within thirty (30) calendar days of the end of each quarter. The
first Quarterly Report is due on or before June 30, 2023 and the final
Quarterly Report is due no later than November 1, 2026. Each Quarterly
Report must include sufficient information to assist the City in monitoring
Packet Pg. 19
Page 6 of 9
the Subrecipient’s performance under the terms of this Agreement. The
Subrecipient must submit its Quarterly Report and demonstrate satisfactory
performance, at the sole discretion of the City, prior to reimbursement for
expenditures under a Reimbursement Request.
15. Audit Requirements.
15.1 Subrecipient is responsible for conducting an annual audit of its ARPA
spending in compliance with the Office of Management and Budget (OMB)
2 CFR Chapter 1, Chapter II, Part 200, Uniform Administrative
Requirements, Cost Principles and Audit Requirements for Federal Awards;
Final Rule, as applicable. A copy of the required audit or financial statement
must be forwarded to City upon completion. Any costs associated with the
annual audit are the responsibility of Subrecipient.
15.2 Subrecipient shall cooperate in having an audit completed by City, at City’s
option and expense.
15.3 Subrecipient shall repay to County any reimbursement for ARPA funding
that is determined by subsequent audit to be unallowable under ARPA
within the time period required by the ARPA, but no later than one hundred
twenty (120) days of Subrecipient receiving notice of audit findings, which
time shall include an opportunity for Subrecipient to respond to and/or
resolve the findings. Should the findings not be otherwise resolved and
Subrecipient fail to reimburse moneys due City within one hundred twenty
(120) days of audit findings, or within such other period as may be agreed
between the Parties or required by the ARPA, City reserves the right to
withhold future payments due Subrecipient from any source under City’s
control.
16. Prevailing Wage. Subrecipient is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770 et seq., as well as California Code of
Regulations, Title 8, Section 1600 et seq. (“State Prevailing Wage Laws”), which
require the payment of prevailing wage rates and the performance of other
requirements on “public works” and “maintenance” projects. If the funds are used
as part of an applicable “public works” or “maintenance” project, as defined by the
Prevailing Wage Laws, and if the total compensation is $1,000 or more,
Subrecipient agrees to fully comply with such State Prevailing Wage Laws.
17. Confidentiality. Employees of Subrecipient may, in the course of their duties,
have access to financial, accounting, statistical, and personnel data of private
individuals and of employees of City. Subrecipient covenants that all data,
documents, discussion, or other information developed or received by
Subrecipient or provided for performance of this Agreement are deemed
confidential and may not be disclosed by Subrecipient without written authorization
by City. City will grant such authorization if disclosure is required by law. All City
Packet Pg. 20
Page 7 of 9
data must be returned to City upon the termination of this Agreement.
Subrecipient’s covenant under this section survives termination of this Agreement.
18. Termination for Convenience. Either City or Subrecipient may terminate this
Agreement at any time without cause by giving the other written notice of the date
of termination at least 30 calendar days before. If this Agreement is terminated as
provided herein by Subrecipient, Subrecipient will return all Grant Funds provided
to Subrecipient under to this Agreement to City within thirty (30) calendar days.
19. Termination for Cause. If for any reason, Subrecipient fails to fulfill in a timely and
proper manner its obligation under this Agreement, or if Subrecipient violates any
of the covenants of this Agreement, City has the unilateral right to terminate this
agreement by giving Subrecipient written notice at least five (5) calendar days
before termination. The notice must refer to this clause, specify the nature of the
alleged default, and specify the effective date of the termination. If this Agreement
is terminated as provided herein, Subrecipient will return all ARPA funds provided
to Subrecipient under to this Agreement to City within thirty (30) calendar days .
20. Assignment and Subcontracting. Neither Party may assign or subcontract the
rights or responsibilities under this agreement without the express, written consent
of the other Party, which consent may be withheld for any reason or for no reason.
21. Permits and Licenses. Subrecipient, at its sole expense, will obtain and maintain
during the term of this Agreement all appropriate permits, licenses, and certificates
that are required for the performance of the Services.
22. Standard. All Services to be rendered under this Agreement must be performed
in accordance with the standards that are customarily observed by an experienced
and competent professional organization rendering the same or similar services.
Subrecipient will re-perform any of said Services that are not in conformity with
applicable standards, as determined by City.
23. Resolution of Disputes
23.1 Disputes regarding the interpretation or application of any provision of this
Agreement must, to the extent reasonably feasible, be resolved through
good-faith negotiations between the Parties.
23.2 If any action at law or in equity is brought to enforc e or to interpret any
provision of this Agreement, the prevailing party is entitled to recover
reasonable attorney’s fees, costs and necessary disbursements, in addition
to such other relief as may be sought and awarded.
24. Non-Discrimination and Equal Employment Opportunity. In the performance
of this Agreement, Subrecipient may not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion,
sex, marital status, national origin, ancestry, age physical or m ental handicap,
medical condition, or sexual orientation. Subrecipient will take affirmative action to
Packet Pg. 21
Page 8 of 9
ensure that subcontractors and applicants are employed, and that employees are
treated during employment, without regard to their race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
25. Severability. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remaining provisions continue
in full force and effect without being impaired or invalidated in any way.
26. Governing Law and Venue. This Agreement is governed by and must be
construed in accordance with laws of the State of California. In the event of
litigation between the Parties, venue in state trial courts lies exclusively in the
County of San Bernardino. In the event of litigation in a U.S. District Court, venue
lies exclusively in the Central District of California.
27. Entire Agreement. This Agreement, together with Exhibits “A,” “B,” “C,” “D,” and
“E” supersede all other agreements, whether oral or in writing, between the Parties
with respect to its subject matter. Each Party to this Agreement acknowledges that
no representation by any Party that is not embodied herein, nor any other
agreement; statement, or promise not contained in this Agreement, is valid or
binding.
[SIGNATURE PAGE FOLLOWS]
Packet Pg. 22
Page 9 of 9
IN WITNESS WHEREOF this Agreement is entered into by the Parties hereto on
the last date set forth below.
CITY OF SAN BERNARDINO SUBRECIPIENT
Charles E. McNeely, Dr. LaSharnda Beckwith
Interim City Manager President & CEO
Date: Date:
ATTEST:
Genoveva Rocha, City Clerk
APPROVED AS TO FORM:
City Attorney,
Approved by City Council on: ______________________
Packet Pg. 23
A-1
EXHIBIT “A”
SCOPE OF SERVICES AND BUDGET
The general purpose of this program is for the construction for its 140 interim housing
beds and 30 semi-private emergency shelter beds, the following construction deliverables
will be needed:
SUBRECIPIENT IS RESPONSIBLE FOR:
• Conducting community outreach and engagement activities to ensure the facility
is responsive to the needs of the community
• Obtaining all necessary permits and approvals from local, state, and federal
agencies
• Developing a detailed design and engineering plan for the modular housing units,
central building, and onsite supportive services
• Conducting site preparation activities, such as grading, excavation, and utility
installation, based on the design and engineering plan
• Constructing modular interim housing units to accommodate a minimum of 140-
beds and 30 emergency shelter beds
• Installing essential services, such as water, sewer, electrical, and heating/cooling
systems, based on the design and engineering plan
• Constructing a central building to house administrative offices, case management
services, and onsite supportive services, based on the design and engineering
plan
• Completing onsite supportive services, such as job training/placement, housing
navigation, and case management, as outlined in the design and engineering plan
• Conducting a final inspection and approval of all construction deliverables and
services
• Submitting all required documentation to the local agency overseeing the ARPA
funds to disburse the remaining funds, as needed.
BUDGET/EXPENDITURES
1. The following is the list of projected expenditures that will be funded by the Grant
Funds
Expenditure Type Projected Expenditures
Pre-Development $2,000,000
Site Preparation $1,000,000
Packet Pg. 24
A-2
Completing the construction of the
140 noncongruent interim housing
beds and 30 emergency shelter beds
$1,000,000
Providing ongoing case management
services to ensure residents have the
resources and support needed to
maintain permanent housing and
employment
$1,000,000
Total Expenditure $5,000,000
Packet Pg. 25
B-1
EXHIBIT “B”
REIMBURSEMENT PROCEDURES
1. BILLING. By the 15th of each month, Subrecipient will submit a Reimbursement
Request to City, along with a performance report and supporting documentation that are
required by the Agreement. Subrecipient will submit the Reimbursement Request to City
at the following address:
City of San Bernardino
Community and Economic Development Department
290 North D Street
San Bernardino, CA 92401
Each Reimbursement Request shall include documentation to verify that the
expenditure of funds is consistent with the Agreement. Payroll records, receipts and
paid invoices including an itemized statement of all costs are samples of appropriate
methods of reimbursement documentation.
Prior to approving a Reimbursement Request, the City will verify that the Subrecipient
has met all applicable ARPA Requirements. The City shall not provide any payments
or reimbursements in advance of actual expenditures by the Subrecipient nor for any
expenditures unrelated to the Services.
If a Reimbursement Request is rejected, or revisions are requested, Subrecipient will
work with City to submit the required revisions.
Subrecipient shall not claim reimbursement or payment from City for, or apply sums
received from City with respect to that portion of its obligations that have been paid by
another source of revenue.
2. TIME OF PAYMENT. City will make payment to Subrecipient in accordance with City’s
regular billing cycle after receipt of Subrecipient’s Reimbursement Request and City’s
approval of the request.
Packet Pg. 26
C-1
EXHIBIT “C”
ARPA REQUIREMENTS
1. COMPLIANCE WITH ARPA REQUIREMENTS
1.1 Subrecipient agrees that it undertakes hereby the same obligations to City that
City has undertaken to Treasury by way of City's acceptance of ARPA funds. The
obligations thus undertaken by Subrecipient include, but are not limited to, the
obligation to comply with the following:
(A) Sections 602 and 603 of the Social Security Act as added by Section 9901
of the American Rescue Plan Act of 2021 (“ARPA”);
(B) CSLFRF Final Rule, codified at 31 CFR Part 35;
(C) CSLFRF Guidance on Recipient Compliance and Reporting Requirement,
the most current version;
(D) 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards, other than such provisions
as the U.S. Department of the Treasury may determine are inapplicable to
the CSLFRF program and subject to such exceptions as may be otherwise
provided by the U.S. Department of the Treasury. This includes ensuring
that any procurements using ARPA funds are consistent with the
procurement standards in the Uniform Guidance at 2 CFR 200.317
through CFR 200.327, as applicable. A procurement checklist is attached
hereto as Exhibit “E”; and
(E) Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and
Conditions.
1.2 Failure to meet established performance goals and standards or non-compliance
with applicable rules and regulations constitute s non-compliance with the terms
of this Agreement. City is entitled to avail itself of one or more of the following
remedies to address noncompliance:
(A) Temporarily withhold cash payments pending correction of deficiencies by
Subrecipient;
(B) Disallow all or part of the cost of the activity or action not in compliance
(C) Wholly or partly suspend or terminate the current award for Subrecipient's
program;
(D) Withhold further awards for the program; or
Packet Pg. 27
C-2
(E) Take other remedies that may be legally available.
2. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS
STATE AND LOCAL FISCAL RECOVERY FUND AWARD TERMS AND
CONDITIONS
2.1 Maintenance of and Access to Records. Subrecipient shall maintain records and
financial documents sufficient to evidence compliance with section 603(c) of
ARPA, Treasury’s regulations implementing that section, and guidance issued by
Treasury regarding the foregoing. Subrecipient agrees to provide the City,
Treasury Office of Inspector General and the Government Accountability Office,
or any of their authorized representatives access to any books, documents,
papers, and records (electronic an otherwise) of the Subrecipient which are
directly pertinent to this Construction Contract for the purposes of conducting
audits or other investigations. Records shall be maintained by Subrecipient for a
period of five (5) years after completion of the project.
2.2 Compliance with Federal Regulations. Subrecipient agrees to comply with the
requirements of section 603 of ARPA, regulations adopted by Treasury pursuant
to section 603(f) of ARPA, and guidance issued by Treasury regarding the
foregoing. Subrecipient also agrees to comply with all other applicable federal
statutes, regulations, and executive orders, including, without limitation, the
following:
(A) Universal Identifier and System for Award Management (SAM), 2 C.F.R.
Part 25, pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 25 is hereby incorporated by reference.
(B) Reporting Subaward and Executive Compensation Information, 2 C.F.R.
Part 170, pursuant to which the award term set forth in Appendix A to 2
C.F.R. Part 170 is hereby incorporated by reference.
(C) OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement), 2 C.F.R. Part 180, including the
requirement to include a term or condition in all lower tier covered
transactions (contracts and subcontracts described in 2 C.F.R. Part 180,
subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s
implementing regulation at 31 C.F.R. Part 19.
(D) Recipient Integrity and Performance Matters, pursuant to which the award
term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby
incorporated by reference.
(E) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part
20.
(F) New Restrictions on Lobbying, 31 C.F.R. Part 21.
(G) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
(42 U.S.C. §§ 4601-4655) and implementing regulations.
Packet Pg. 28
C-3
2.3 Compliance with Federal Statutes and Regulations Prohibiting Discrimination.
Subrecipient agrees to comply with statutes and regulations prohibiting
discrimination applicable to the CSLFRF program including, without limitation, the
following:
(A) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs
or activities receiving federal financial assistance.
(B) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601 et seq.), which prohibits discrimination in housing on the basis of
race, color, religion, national origin, sex, familial status, or disability.
(C) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §
794), which prohibits discrimination on the basis of disability under any
program or activity receiving federal financial assistance.
(D) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et
seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which
prohibit discrimination on the basis of age in programs or activities
receiving federal financial assistance.
(E) Title II of the Americans with Disabilities Act of 1990, as amended (42
U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of
disability under programs, activities, and services provided or made
available by state and local governments or instrumentalities or agencies
thereto.
2.4 False Statements. Subrecipient understands that making false statements or
claims in connection with the CSLFRF program is a violation of federal law and
may result in criminal, civil, or administrative sanctions, including fines,
imprisonment, civil damages and penalties, debarment from participating in
federal awards or contracts, and/or any other remedy available by law.
2.5 Hatch Act. If Subrecipient is a public agency, Subrecipient agrees to comply, as
applicable, with the requirements of the Hatch Act (5 U.S.C. section 1501 -1508
and 7324-7328), which limit certain political activities of State or local government
employees whose principal employment is in connection with an activity financed
in whole or in part by this federal assistance.
2.6 Protections for Whistleblowers.
(A) In accordance with 41 U.S.C. § 4712, Subrecipient 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
Packet Pg. 29
C-4
substantial and specific danger to public health or safety, or a violation of
law, rule, or regulation related to a federal contract (inclu ding the
competition for or negotiation of a contract) or grant.
(B) The list of persons and entities referenced in the paragraph above includes
the following:
(1) A member of Congress or a representative of a committee of
Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or
management;
(5) An authorized official of the Department of Justice or other law
enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Subrecipient, or a
subcontractor who has the responsibility to investigate, discover, or
address misconduct.
2.7 Increasing Seat Belt Use in the United States. Pursuant to Executive Order
13043, 62 FR 19217 (Apr. 18, 1997), Subrecipient is encouraged to adopt and
enforce on-the-job seat belt policies and programs for their employees when
operating company-owned, rented or personally owned vehicles, and encourage
its subcontractors to do the same
2.8 Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74
FR 51225 (Oct. 6, 2009), Subrecipient should encourage its employees and
subcontractors to adopt and enforce policies that ban text messaging while
driving, and Subrecipient should establish workplace safety policies to decrease
accidents caused by distracted drivers.
2.9 Assurances of Compliance with Civil Rights Requirements. The Civil Rights
Restoration Act of 1987 provides that the provisions of this assurance apply to
the Contract, including, but not limited to, the following:
(A) Subrecipient ensures its current and future compliance with Title VI of the
Civil Rights Act of 1964, as amended, which prohibits exclusion from
participation, denial of the benefits of, or subjection to discrimination under
programs and activities receiving federal funds, of any person in the United
States on the ground of race, color, or national origin (42 U.S.C. § 2000d
et seq.), as implemented by the Department of the Treasury Title VI
regulations at 31 CFR Part 22 and other pertinent executive orders such
Packet Pg. 30
C-5
as Executive Order 13166; directives; circulars; policies; memoranda
and/or guidance documents.
(B) Subrecipient acknowledges that Executive Order 13166, “Improving
Access to Services for Persons with Limited English Proficiency (LEP),”
seeks to improve access to federally assisted programs and activities for
individuals who, because of national origin, are limited in their English
proficiency. Subrecipient understands that the denial of access to persons
to its programs, services and activities because of their limited proficiency
in English is a form of national origin discrimination prohibited under Title
VI of the Civil Rights Act of 1964. Accordingly, Subrecipient shall initiate
reasonable steps, or comply with Treasury’s directives, to ensure
meaningful access to its programs, services and activities to LEP persons.
Subrecipient understands and agrees that meaningful access may entail
providing language assistance services, including oral interpretation and
written translation where necessary to ensure effective communication in
the Project.
(C) Subrecipient agrees to consider the need for language services for LEP
persons during development of applicable budgets and when conducting
programs, services and activities. As a resource, the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more
information on LEP, please visit http://www.lep.gov.
(D) Subrecipient acknowledges and agrees that compliance with this
assurance constitutes a condition of continued receipt of federal financial
assistance and is binding upon Subrecipient and Subrecipient’s
successors, transferees and assignees for the pe riod in which such
assistance is provided.
(E) Subrecipient agrees to incorporate the following language in every
contract or agreement subject to Title VI and its regulations between the
Subrecipient and the Subrecipient’s subcontractors, successors,
transferees and assignees:
The subcontractor, successor, transferee and assignee shall comply with Title VI
of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance
from excluding from a program or activity, denying benefits o f, or otherwise
discriminating against a person on the basis of race, color, or national origin (42 U.S.C.
§ 2000d et seq.), as implemented by Department of the Treasury Title VI regulations,
31 CFR Part 22, which are herein incorporated by reference and m ade a part of this
contract (or agreement). Title VI also extends protection to persons with “Limited English
proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C.
§ 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31
CFR Part 22, which are herein incorporated by reference and made a part of this
contract (or agreement).
(F) Subrecipient understands and agrees that if any real property or structure
is provided or improved with the aid of federal financial assistance by the
Packet Pg. 31
C-6
Department of the Treasury, this assurance obligates the Subrecipient, or
in the case of a subsequent transfer, the transferee, for the period during
which the real property or structure is used for a purpose for which the
federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits. If any personal property is
provided, this assurance obligates the Subrecipient for the period during
which it retains ownership or possession of the property.
(G) Subrecipient shall cooperate in any enforcement or compliance review
activities by the Department of the Treasury of the aforementioned
obligations. Enforcement may include investigation, arbitration, mediation,
litigation, and monitoring of any settlement agreements that may result
from these actions. Subrecipient shall comply with information requests,
on-site compliance reviews, and reporting requirements.
(H) Subrecipient shall maintain a complaint log and inform the Department of
the Treasury of any accusations of discrimination on the grounds of race,
color, or national origin, and limited English proficiency covered by Title VI
of the Civil Rights Act of 1964 and implementing regulations and provide,
upon request, a list of all such reviews or proceedings based on the
complaint, pending or completed, including outcome. Subrecipient must
also inform the Department of the Treasury if Subrecipient has received
no complaints under Title VI.
(I) Subrecipient must provide documentation of an administrative agency’s or
court’s findings of non-compliance of Title VI and efforts to address the
non-compliance, including any voluntary compliance or other agreements
between the Subrecipient and the administrative agency that made the
finding. If the Subrecipient settles a case or matter alleging such
discrimination, Subrecipient must provide documentation of the
settlement. If Subrecipient has not been the subject of any court or
administrative agency finding of discrimination, please so state.
(J) If Subrecipient makes sub-awards to other agencies or other entities,
Subrecipient is responsible for assuring that sub-recipients also comply
with Title VI and all of the applicable authorities covered in this assurance.
3. SUBCONTRACTS
Subrecipient will incorporate the same or substantially equivalent requirements as are
contained in this Agreement in all subcontracts that utilize any ARPA funds or that
support any ARPA funded project covered by this Agreement. When a project utilizes
ARPA funds and funds from other sources, all funds are subject to ARPA regulations.
Subrecipient, by entering into a subcontract for performance of any portion of its ARPA
funded program, is not relieved of its responsibilities to City as set forth in this
Agreement.
4. STANDARD OF CONDUCT/CONFLICT OF INTEREST AND LOBBYING
Packet Pg. 32
C-7
4.1 No member, officer or employee of Subrecipient or its designee or agents, no
member of the governing body of the locality in which the program is sit uated,
and no other public official of such locality or localities who exercises any function
or responsibility with respect to the program during that person’s tenure or for one
year thereafter, may have any interest, direct or indirect, in any contract or
subcontract, or the process thereof, for work to be performed in connection with
the programs activities assisted under this Agreement.
4.2 By entering into this Agreement, Subrecipient certifies that:
(A) No federal appropriated funds have been paid or will be paid, by or on
behalf of Subrecipient, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant loan,
or cooperative agreement.
(B) If any funds other than federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a member of Congress in connection with
this federal contract, grant, loan, or cooperative agreement, Subrecipient
must complete and submit Standard Form- LL, "Disclosure Form to Report
Lobbying," in accordance with its instructions, and other federal disclosure
forms as requested.
(C) Subrecipient will require that the language of this certification be included
in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients certify and disclose
accordingly.
4.3 This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification is subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
5. FISCAL CONTROL
5.1 Subrecipient is responsible for the internal control and monitoring of fiscal and
programmatic/operational goals and procedures. Subrecipient will establish such
fiscal controls and fund accounting procedures as required by federal regulations,
or as may be deemed necessary by the City to assure the proper disbursal of,
and accounting for, funds paid to Subrecipient under this Agreement.
Packet Pg. 33
C-8
Subrecipient must maintain separate accounts within established bookkeeping
systems for ARPA funds.
5.2 If award exceeds $50,000 the Subrecipients are subject to Title 2 CFR Part 200
must deposit funds in an account requiring two signatures for disbursement and
submit to City specimen signatures for all authorized signatories prior to receipt
of funds.
5.3 City will pay Subrecipient progress payments at the time and in the manner set
forth in Exhibit “B.” Payment by City is not to be construed as final in the event
that Treasury disallows reimbursement for the Project or any portion thereof.
Subrecipient will submit reasonable back-up documentation as specified by City
with request for payment.
5.4 Subrecipient is liable for all amounts that are determined to be due by Treasury
including, but not limited to, disallowed costs that are the result of Subrecipient's
or its contractor's conduct under this Agreement.
5.5 City will notify Subrecipient in writing regarding any controversy or proceeding
between City and Treasury arising from this Agreement. Subrecipient will be
permitted to respond regarding the controversy or proceeding.
5.6 All financial transactions must be supported by complete and verifiable source
documents. Records must provide a clear audit trail.
6. REVERSION OF ASSETS
6.1 Funds. Upon expiration of this Agreement, Subrecipient will transfer to City any
ARPA funds in Subrecipient's control at the time of expiration of this Agreement.
6.2 Equipment. If Subrecipient has used ARPA funds to purchase tangible,
nonexpendable, personal property having a useful life of more than one (1) year
and an acquisition cost of $5,000 or mo re per unit, Subrecipient may use such
equipment for the purpose for which it was acquired as long as needed for the
program or project described in this Agreement. When no longer needed for the
original program or project, the equipment must be returned to the City.
6.3 Real Property. If Subrecipient has used ARPA funds to purchase real property,
and Subrecipient sells or otherwise disposes of such real property, Subrecipient
shall return the ARPA-share of the purchase to City. The ARPA -share shall be
computed by applying the percentage of ARPA funds that went toward the cost
of the original purchase (and costs of any improvements) multiplied by the fair
market value of the property at the time of sale by the Subrecipient.
7. REQUESTS FOR TECHNICAL ASSISTANCE
Subrecipient will refer to the City of San Bernardino Community and Economic
Development Department any regulatory or procedural questions regarding operation of
its ARPA-funded Services. All formal requests for technical assistance must be
submitted in writing. Requests should specify the problem area, particular assistance
Packet Pg. 34
C-9
being requested and proposed solution if applicable. Informal questions regarding
daytoday program operation may be directed to the designated City representative.
8. CONTRACT RESPONSIBILITY FOR MONITORING AND RECORDS
8.1 City, designated representatives of City, and other appropriate officials must have
access to all personnel records, management information, and fiscal data of
Subrecipient and any agency or contractor with whom Subrecipient executes a
subcontract necessary to carry out any ARPA-funded Services for monitoring
purposes. Subrecipient will respond in a timely manner to all identified corrective
actions Subrecipient will submit to City all required reports and monitoring
corrective action plans on a timely basis, as delineated by City. Records must be
maintained as follows:
8.2 Subrecipient agrees to retain all pertinent records under ARPA, including
financial records, until advised by City that further retention is unnecessary.
Records must be open and available for inspection by auditors and other staff
assigned by City during the normal business hours of Subrecipient.
Packet Pg. 35
D-1
EXHIBIT “D”
INSURANCE
Subrecipient must maintain throughout the duration of the term of the Agreement, liability
insurance covering Subrecipient and designating City, including its elected or appointed officials,
directors, officers, agents, employees, volunteers, or subrecipients, as additional insured against any
and all claims resulting in injury or damage to persons or property (both real and personal) caused by
any aspect of Subrecipient's work, in amounts no less than the following and with such deductibles as
are ordinary and reasonable in keeping with industry standards. It must be stated in the Additional
Insured Endorsement that Subrecipient's insurance policies are primary with respect to any claim
related to or as the result of Subrecipient's work. Any insurance, pooled coverage, or self-insurance
maintained by City, its elected or appointed officials, directors, officers, agents, employees, volunteers,
or Subrecipients must be non-contributory. The Additional Insured Endorsement does not apply to the
Professional Liability Insurance.
General Liability:
a. General Aggregate $2,000,000
b. Products Comp/Op Aggregate $2,000,000
c. Personal & Advertising Injury $1,000,000
d. Each Occurrence $1,000,000
e. Fire Damage (any one fire) $ 50,000
f. Medical Expense (any one person) $ 5,000
Workers' Compensation:
a. Workers' Compensation Statutory Limits
b. EL Each Accident $1,000,000
c. EL Disease - Policy Limit $1,000,000
d. EL Disease - Each Employee $1,000,000
Automobile Liability
a. Any vehicle, combined single limit $1,000,000
Subrecipient will provide thirty (30) days advance notice to City before any material change to or any
cancellation of coverage. Certificates of insurance and additional insured endorsements must be
furnished to City thirty (30) days prior to the effective date of this Agreement. Refusal to submit such
certificates constitutes a material breach of this Agreement entitling City to any and all remedies at law
or in equity, including termination of this Agreement. If proof of insurance required under this Agreement
is not delivered as required or if such insurance is canceled and not adequately replaced, City has the
right but not the duty to obtain replacement insurance and to charge Subrecipient for any premium due
for such coverage. City has the option to deduct any such premium from the sums due to Subrecipient.
Insurance must be placed with insurers that are authorized and admitted to write insurance in California
and with a current A.M. Best's rating of A-:VII or better. Acceptance of insurance from a carrier with a
rating lower than A-:VII is subject to approval by City's Risk Manager. Subrecipient must immediately
advise City of any litigation that may affect these insurance policies.
Packet Pg. 36
E-1
EXHIBIT “E”
PROCUREMENT CHECKLIST
The below provides a general checklist of the Procurement Standards (2 CFR §200.317
to §200.327), as applicable, for Subrecipients to review and follow when using ARPA
funds to contract with a contractor to carry out the Project. A contractor is defined as an
entity that receives a contract and a contract is defined as a legal instrument by which a
Subrecipient purchases property or services needed to carry out the Project. As specific
questions arise, Subrecipients are encouraged to consult the City as this general checklist
is only a guide and for reference only.
Procurement Standards (§200.317-§200.327)
Documented Procurement Procedures
Subrecipient must have and use documented procurement procedures, consistent
with state and local laws and regulations and the standards of §200.3.17 to
§200.327, for the acquisition of property or services.
☐
General Procurement Standards
Subrecipient must:
• Ensure contractors perform in accordance with the terms, conditions, and
specifications of their contract.
• Maintain written standards of conduct covering conflicts of interest.
• Avoid acquisition of unnecessary, duplicative items.
• Consider consolidating, breaking out procurements for a more economical
purchase.
• Only award contracts to responsible contractors.
• Maintain records to detail the history of the procurement.
• Be responsible for the settlement of contractual and administrative issues in
accordance with sound business judgement and good administrative
practices.
☐
Competition
Subrecipient must:
• Conduct procurements in a manner providing full and open competition,
situations considered to be restrictive of competition are listed in §200.319.
• Conduct procurements in a manner that prohibits use of statutorily or
administratively imposed state, local, or tribal geographical preferences in
☐
Packet Pg. 37
E-2
the evaluation of bids or proposals, except in those cases where applicable
Federal statutes expressly mandate or encourage geographic preference,
is prohibited.
• Have written procedures for procurement transactions that, among other
things, incorporate a clear and accurate description of the tech nical
requirements for the material, product, or service to be procured, Identify all
requirements which the offerors must fulfill and all other factors to be used
in evaluating bids or proposals, and must not contain features which unduly
restrict competition.
Solicitations
Subrecipient, in compliance with its own local and state laws, must follow the
informal procurement methods (micro-purchases and small purchases) and formal
procurement methods (sealed bids, proposals, noncompetitive procurement) in
§200.320, as applicable. If Subrecipient thresholds are lower, the more restrictive
requirement shall govern, notwithstanding the provisions in §200.320.
• Micro Purchases - Purchases of supplies or services within the micro-
purchase threshold (e.g., currently set at purchases of $10,000 or less, but
periodically adjusted for inflation) may be awarded without soliciting
competitive quotations if the Subrecipient considers the price to be
reasonable based on research, experience, purchase history or other
information and documents it files accordingly. To the extent practicable,
the Subrecipient must distribute micro-purchases equitably among qualified
suppliers.
• Small Purchases - Purchases of property or services within the simplified
acquisition threshold (SAT) (e.g., currently set at purchases of $250,000 or
less) shall not be required to be formally bid. Price quotations must be
obtained from an adequate number of qualified sources as determined
appropriate by the Subrecipient.
• Sealed Bids - Bids are publicly solicited and a firm-fixed-price contract (lump
sum or unit price) is awarded to the responsible bidder whose bid,
conforming to all the material terms and conditions of the invitation for bids,
is the lowest in price. This is the preferred method for procuring
construction.
• Proposals - When the nature of a procurement does not lend itself to formal,
sealed bidding, the Subrecipient may solicit competitive proposals. The
technique of competitive proposals is normally conducted with more than
one source submitting an offer, and either a fixed-price or cost-
reimbursement type contract is awarded.
• Noncompetitive Procurement - Contracts may be procured through a
noncompetitive proposal only when:
☐
Packet Pg. 38
E-3
o The acquisition of property or services, the aggregate dollar amount
of which does not exceed the micro-purchase threshold;
o The item is only available from a single source;
o The public exigency or emergency for the requirement will not permit
a delay resulting from competitive solicitation;
o The federal awarding agency or pass-through entity expressly
authorizes noncompetitive proposals in response to a written request
from the Subrecipient; or
o Competition is deemed inadequate after the solicitation of a number
of sources.
Types of Contracts
Subrecipient must:
• Not use a cost plus percentage of cost contract and, only in limited
circumstances use a time and materials contract.
• Perform a price or cost analysis in connection with every procurement action
in excess of Simplified Acquisition Threshold ($250K), including contract
modifications, including making an independent cost estimate prior to
receiving bids or proposals.
• Negotiate profit as a separate element of the price for each contract in which
there is no price competition and in all cases where cost analysis is
performed.
• Require, on certain construction projects, bid, performance, and payment
bonds in accordance with §200.326.
☐
Contract Provisions
• Subrecipient must include in its contract with the selected contractor the
twelve (12) contract provisions in Appendix II of 2 CFR Part 200, as
applicable. Certain contract provisions will not apply based on the scope of
and/or the value of the contract.
• Subrecipient must take affirmative steps (and require the same of the
contractor) to assure that minority businesses, women’s business
enterprises and labor surplus firms are used when possible. See §200.321.
• As appropriate and to the extent consistent with law, Subrecipient should, to
the greatest extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United
States (including but not limited to iron, aluminum, steel, cement, and ot her
manufactured products). See §200.322.
☐
Packet Pg. 39