REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 22, 2026
FROM
LUTHER SNOKE, Chief Executive Officer, County Administrative Office
SUBJECT
Title
Revision to Financial Community Care Expansion Preservation Program Contract Templates
End
RECOMMENDATION(S)
Recommendation
1. Approve revised Capital Projects contract templates to correct the program liquidation deadline from December 31, 2026, to September 30, 2028, and to align the contract templates with the applicable Community Care Expansion Preservation Program requirements:
a. Standardized and financial Community Care Expansion Preservation Program County Managed contract template, including Attachment D, the Alternative Agreement, and Attachment E, the Right of Entry Agreement.
b. Standardized and financial Community Care Expansion Preservation Program Facility Managed contract template, including Attachment E, the Alternative Agreement, and Attachment F, the Right of Entry Agreement.
2. Authorize the Chief Executive Officer, County Chief Financial Officer, or Assistant County Chief Financial Officer to execute individual Community Care Expansion Preservation Program contract templates approved in Recommendation No. 1, including the Alternative Agreement and Right of Entry Agreement attachments, with subgrantees, contractors, and/or subcontractors in accordance with the Board of Supervisors-approved Community Care Expansion Preservation Program Implementation Plan, on behalf of the County, subject to County Counsel review.
(Presenter: Matthew Erickson, County Chief Financial Officer, 387-5423)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote and Fulfill the Countywide Vision.
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost) as this amendment is non-financial in nature. The total cost of $14,620,997 remains unchanged and is funded by a Community Care Expansion Preservation Program (Program) allocation funded in the amount of $13,833,106 from the California Department of Social Services (CDSS) and $787,891 from the County’s American Rescue Plan Act (ARPA) funding source as part of the CCE matching requirement for its Capital Projects Program. Adequate appropriation and revenue are included in the 2026-27 CCE Preservation Program budget and will be included in future recommended budgets.
BACKGROUND INFORMATION
The Program, which is administered by CDSS, provides noncompetitive allocations to counties that have elected to participate. The Program provides the following two forms of direct financial assistance to eligible Adult Residential Facilities, Residential Care Facilities for the Elderly, and Residential Care Facilities for the Chronically Ill (collectively “Facilities”):
• Operating Subsidy Payments: Funds may be used to preserve and avoid the closure of local Facilities through operational financial support.
• Capital Projects: Funds may be applied to physical repairs or required upgrades to local Facilities to prevent closure and/or meet licensing requirements.
San Bernardino County (County) recognizes the vital role that Facilities play in providing care to vulnerable populations within the community. To ensure the ongoing reliability and sustainability of the long-term care continuum, the County agreed to participate in the Program.
On May 9, 2023 (Item No. 23), the Board of Supervisors (Board) accepted a Program allocation in the amount of $13,833,106 and approved the Implementation Plan (Plan). The State allocation of Program funds was contingent on the County’s development and approval of the Plan. The funding consists of $5,954,197 in Operating Subsidy Payments (OSP), and $7,878,909 in Capital Projects (CP). The County Administrative Office (CAO) is responsible for the administration, dissemination, and monitoring of funds as it relates to eligible Facilities. The CAO is acting in partnership with the Project and Facilities Management Department and Department of Aging and Adult Services-Public Guardian, with input from the Department of Behavioral Health.
On December 5, 2023 (Item No. 25), the Board approved standardized Program contract templates including the one that allowed the County to award OSP funding to eligible Facilities. The OSP contract template is for all eligible Facilities receiving funds for operational expenses as OSP funds are available to address a facility’s deficits associated with the day-to-day operations (e.g., staffing, utilities, security, maintenance). The intent of these funds is to preserve and avoid the closure of Facilities, as well as to increase the acceptance of new residents, including high-risk residents. At that time, State law required a deed restriction for all facilities receiving OSP funds, and that requirement was included in the contract template.
On July 2, 2024, Assembly Bill 161 was signed into State law to authorize the use of an alternative, legally enforceable agreement in lieu of a deed restriction originally required for OSP participants.
On October 8, 2024 (Item No. 16), the Board approved a revision to the standardized Program contract template for OSP to allow alternative agreements in lieu of deed restrictions. The revised OSP contract template incorporated the change to State law and provided the County with the ability to utilize alternative agreements as opposed to deed restrictions.
On November 18, 2025 (Item No. 28), the Board approved updated CP contract templates to allow the use of various procurement methods for capital projects. Following Board approval of the updated CP contract templates, the department identified that the program liquidation deadline was incorrectly stated as December 31, 2026. Approval of this amendment will correct the program liquidation deadline to September 30, 2028, ensuring the contract templates accurately reflect the applicable program statutes and align with program requirements.
Additionally, the revised CP contract templates include an Alternative Agreement and Right of Entry Agreement as standardized attachments. The Alternative Agreement provides a legally enforceable agreement associated with the Subgrantee's participation in the Program stating they will continue to provide licensed residential care and survives the expiration or termination of the underlying CP agreement. The Right of Entry Agreement provides the County, its authorized representatives, and contractors with access to the Facility for activities associated with implementation and oversight of the CP, including project walk-throughs, inspections, and physical repairs and upgrades. Execution of the applicable Alternative Agreement and Right of Entry Agreement is included as a basic condition of the revised CP contract templates.
Delegated authority to execute the contract templates, including the Alternative Agreements and Right of Entry Agreements, is recommended to facilitate timely administration of the Program as CPs are awarded and implemented. These agreements will be executed in substantially the same form as the Board-approved attachments to the CP contract templates and will be used, as applicable, in connection with individual CP projects. Authorizing the Chief Executive Officer, County Chief Financial Officer, or Assistant County Chief Financial Officer to execute these agreements, subject to County Counsel review, will allow the County to efficiently administer the Program without returning to the Board for approval of each individual agreement.
PROCUREMENT
Not Applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Julie Surber, Principal Assistant County Counsel, 387-5455) on September 2, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on September 3, 2026; Risk Management (Stephanie Pacheco, Staff Analyst II, 386-9039) on September 4, 2026; and County Finance and Administration (Guy Martinez, Principal Administrative Analyst, 387-5402) on September 4, 2026.