Agenda packet — Mayor and City Council, June 1, 2022 (part 4 of 6)

RESOLUTION NO. 2022-107

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 17)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a resolution calling a special election for June 1, 2022, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated June 1, 2022, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election.

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

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

SECTION 2. Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code.

SECTION 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said

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Packet Pg. 735 Attachment: Attachment 5 - Resolution No. 2022-107 Declaring Election Results (8948 : Public Hearing on Annexation No. 17 to Community Resolution No. 2022-107
Resolution 2022-107
June 1, 2022

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Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2022-71 adopted by the Mayor and City Council on April 6, 2022. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 17 Community Facilities District No. 2019- 1 (Maintenance Services)" a copy of which was recorded, on April 12, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 16, in the office of the San Bernardino County Recorder.

SECTION 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed territory.

SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1
st day of June 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Packet Pg. 736 Attachment: Attachment 5 - Resolution No. 2022-107 Declaring Election Results (8948 : Public Hearing on Annexation No. 17 to Community Resolution No. 2022-107
Resolution 2022-107
June 1, 2022

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-107, adopted at a regular meeting held on the 1 st day of June 2022 by the
following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 2 nd day of June 2022.

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 737 Attachment: Attachment 5 - Resolution No. 2022-107 Declaring Election Results (8948 : Public Hearing on Annexation No. 17 to Community

EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 17

CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated April 18, 2022, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Landowner
Qualified
Landowner Votes Votes Cast YES NO
George A. Pearson 1 1
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2022.

Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:

(Attach completed copies of Waiver/Consent and Ballot)

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Packet Pg. 738 Attachment: Attachment 6 - Exhibit A - Certificate of Election Results (8948 : Public Hearing on Annexation No. 17 to Community Facilities Ordinance MC-1582
ORDINANCE NO. MC-1582

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

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

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2022-2023 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, WATER QUALITY IMPROVEMENTS,

GRAFFITI, STREETS, STREET SWEEPING, PARKS AND

TRAIL MAINTENANCE, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on June 1, 2022, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on

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Packet Pg. 739 Attachment: Attachment 7 - Ordinance MC-1582 Levying Special Taxes (8948 : Public Hearing on Annexation No. 17 to Community Facilities Ordinance MC-1582
the proposition of levying a special tax, and establishing an appropriations limit within the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

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

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

SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2022.

John Valdivia, Mayor
City of San Bernardino

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Packet Pg. 740 Attachment: Attachment 7 - Ordinance MC-1582 Levying Special Taxes (8948 : Public Hearing on Annexation No. 17 to Community Facilities Ordinance MC
-1582
Attest:

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

Sonia Carvalho, City Attorney

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Packet Pg. 741 Attachment: Attachment 7 - Ordinance MC-1582 Levying Special Taxes (8948 : Public Hearing on Annexation No. 17 to Community Facilities Ordinance MC-1582

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1582, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 1
st day of June 2022. Ordinance No. MC-1581 was
approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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Packet Pg. 742 Attachment: Attachment 7 - Ordinance MC-1582 Levying Special Taxes (8948 : Public Hearing on Annexation No. 17 to Community Facilities

EXHIBIT A

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

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

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

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Packet Pg. 743 Attachment: Attachment 8 - Exhibit A - Description of Services (8948 : Public Hearing on Annexation No. 17 to Community Facilities District

EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of June 15, 2022)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC 0348-111-52, 0261-031-10, -11,
and 0261-062-11 thru -14
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC 0261-181-16, -17
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-01
7 ICO Fund VI, LLC 0281-161-48
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21 10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27
(Por.), 0137-052-46, 0274-011-11,
-12, -34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 To Be Determined
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George Pearson 0142-212-18

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Packet Pg. 744 Attachment: Attachment 9 - Exhibit B - Parcel List (8948 : Public Hearing on Annexation No. 17 to Community Facilities District 2019-1 (Ward 3))

EXHIBIT E

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Attachment: Attachment 10 - Signed Petition (8948 : Public Hearing on Annexation No. 17 to Community Facilities District 2019-1 (Ward 3))

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Attachment: Attachment 10 - Signed Petition (8948 : Public Hearing on Annexation No. 17 to Community Facilities District 2019-1 (Ward 3))

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Attachment: Attachment 10 - Signed Petition (8948 : Public Hearing on Annexation No. 17 to Community Facilities District 2019-1 (Ward 3))

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Attachment: Attachment 10 - Signed Petition (8948 : Public Hearing on Annexation No. 17 to Community Facilities District 2019-1 (Ward 3))

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Attachment: Attachment 10 - Signed Petition (8948 : Public Hearing on Annexation No. 17 to Community Facilities District 2019-1 (Ward 3)) 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 3585686

PERLA LOPEZ

CITY OF SAN BERNARDINO CITY CLERK
290 NORTH D ST.

SAN BERNARDINO, CA - 92401

HRGSB - NOTICE OF HEARING-SB
Notice of Public Hearing for CFD 2019-1 Annex 17
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:
05/18/2022
05/18/2022

SAN BERNARDINO
!A000006022915! Email

NOTICE OF PUBLIC HEARING

ON INTENTION TO ANNEX

TERRITORY TO AN EXISTING

COMMUNITY FACILITIES
DISTRICT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO. 17)
NOTICE IS HEREBY GIVEN that
the City Council of the City of San
Bernardino on April 6, 2022 adopted
its Resolution No. 2022-71, in which it
declared its intention to annex
territory to existing Community
Facilities District No. 2019-1
(Maintenance Services) (the "CFD
No. 2019-1"), and to levy a special tax
to pay for certain maintenance
services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982,
Chapter 2.5, Part 1, Division 2, Title
5 of the California Government
Code. The resolution describes the
territory to be annexed and
describes the rate and method of
apportionment of the proposed
special tax. No change in the tax
levied in the existing CFD No. 2019-1
is proposed.

NOTICE IS HEREBY FURTHER
GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, June 1, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City
Council will conduct a public
hearing on the annexation of
territory to CFD No. 2019-1. At the
hearing, the testimony of all interest
persons for or against the
annexation of the territory or the
levying of the special taxes will be
heard. If and to the extent
participation in the June 1, 2022
meeting must occur by
teleconference, videoconference, or
other electronic means authorized
by the Ralph M. Brown Act or an
Executive Order of the Governor of
California, the means and methods
for participating the meeting shall
be posted on the Agenda for said
meeting, which shall be posted at
least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the
Bing Wong Auditorium of the Norman F. Feldheym Public
Library at 555 W. 6th Street, San
Bernardino, California, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-
384-5002. DATED: May 10, 2022
Genoveva Rocha
City Clerk of the City of San Bernardino
PUB: May 18, 2022

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Packet Pg. 750 Attachment: Attachment 11 - Proof of Publication Notice of Public Hearing (8948 : Public Hearing on Annexation No. 17 to Community Facilities Public Hearing
CFD No. 2019-1 Annexation No. 17:

CUP 20-07 (G&M Oil Facility #18)
Presented by Alex Qishta, Deputy Director / City Engineer

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Packet Pg. 751 Attachment: Attachment 12 - PowerPoint Presentation (8948 : Public Hearing on Annexation No. 17 to Public Hearing on CFD 2019-1 Annexation No. 17
Recommended Action

1. CITY COUNCIL INITIATE ANNEXATION OF TERRITORY TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ("CFD NO. 2019-1" OR "CFD") BY TAKING THE FOLLOWING ACTIONS:

A. HOLD PUBLIC HEARING,
B. ADOPT A RESOLUTION CALLING THE ELECTION,
C. HOLD A SPECIAL LANDOWNER ELECTION AND CANVASS THE ELECTION, D. ADOPT A RESOLUTION DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION; AND

2. UPON APPROVAL OF THE PRECEDING RESOLUTIONS, INTRODUCE AN ORDINANCE AMENDING ORDINANCE NO. MC1522 AND LEVYING AND APPORTIONING THE SPECIAL TAX IN CFD NO. 2019-1 (AS IT NOW EXISTS AND WILL EXIST IN THE FUTURE); AND

3. SCHEDULE THE FINAL READING AND ADOPTION OF THE AMENDED ORDINANCE FOR JUNE 15, 2022.

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Packet Pg. 752 Attachment: Attachment 12 - PowerPoint Presentation (8948 : Public Hearing on Annexation No. 17 to Public Hearing on CFD 2019-1 Annexation No. 17
Discussion
• The Property Owner, George A. Pearson, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements. • The area proposed within Annexation No. 17 includes one parcel APN 0142-212-18.
• On April 6, 2022 the City Council adopted Resolution No. 2022-71, a Resolution of Intention to annex these properties into CFD No. 2019- 1 and hold a Public Hearing on June 1, 2022. The property owner consented to waiving certain time restriction and conduct the election the same night.

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Packet Pg. 753 Attachment: Attachment 12 - PowerPoint Presentation (8948 : Public Hearing on Annexation No. 17 to Public Hearing on CFD 2019-1 Annexation No. 17
Discussion (Cont.)
• The proposed maximum annual tax of $7,433 per acre will be included in CFD No. 2019-1 as Tax Zone 18.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

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Packet Pg. 754 Attachment: Attachment 12 - PowerPoint Presentation (8948 : Public Hearing on Annexation No. 17 to Public Hearing on CFD 2019-1 Annexation No. 17
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.

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Packet Pg. 755 Attachment: Attachment 12 - PowerPoint Presentation (8948 : Public Hearing on Annexation No. 17 to Project Location

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Packet Pg. 756 Attachment: Attachment 12 - PowerPoint Presentation (8948 : Public Hearing on Annexation No. 17 to Public Hearing on CFD 2019-1 Annexation No. 17
Fiscal Impact
• It is anticipated that at build-out the total Special Tax revenues to pay for maintenance costs will be approximately $3,196. All costs associated with the annexation is borne by the Developer.

There is no fiscal impact to the City’s General Fund.

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Packet Pg. 757 Attachment: Attachment 12 - PowerPoint Presentation (8948 : Public Hearing on Annexation No. 17 to Questions?

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Packet Pg. 758 Attachment: Attachment 12 - PowerPoint Presentation (8948 : Public Hearing on Annexation No. 17 to

PROJECT MAP
CFD NO. 2019-1 (MAINTENANCE SERVICES)
TAX ZONE 18

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Attachment: Attachment 13 - Project Map (8948 : Public Hearing on Annexation No. 17 to Community

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 1, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Subject: VIP Contract Amendments (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to amend Professional Services Agreements with Hope Culture (dba of Victory Outreach) and Young Visionaries Youth Leadership Academy by increasing the amount of each agreement by $250,000, and approve new Professional Service Agreement with Operation New Hope for $250,000 for a total of $750,000 of American Rescue Plan Act funds.

Background
October 6, 2021, the Mayor and City Council voted and approved a motion to allocate One Million dollars of American Rescue Plan Act funds to the Violence Intervention Program (VIP) and authorized the City to release a Request for Proposals to secure three additional vendors to provide supportive services.

Program Summary
The City’s comprehensive plan stems from the United States Department of Justice, Office of Juvenile Justice & Delinquency Prevention Comprehensive Violence Reduction Strategy and it is rooted in Public Health research which found that there are ten root conditions that cause and drive community violence, five elements to treat root conditions, and four guiding principles to create and sustain a comprehensive violence reduction strategy.

The Violence Intervention Program’s Goals & Objectives:
• Reduce gang-related gun violence by 5%
• Reduce recidivism among program participants by 15%
• Convene 50 service coordination meetings
• Weekly home visits to gun violence victims
• Implement 4 structured proactive peace keeping events per year • Provide supportive services to 150 individuals per year Program Update
• At the end of 2021, the City experienced a year-to-date 40% reduction in group related homicides.
11 Packet Pg. 760
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• The City ended 2020 with 47 gang related homicides and ended 2021 with 28 group related homicides.
• The City's three-year average for group related homicides is down 16%, however, three-year average for group related nonfatal shootings is up 5%. • Regarding overall homicides, the City experienced a year to date 7% reduction (2020 vs 2021) but the City's three-year average for overall homicides is up 7%. • The program provided supportive services to 159 individuals, 444 in total since the beginning of the program.
• Over 80% of program participants remain arrest free and have not become a victim of gun violence. 20% of program participants have dropped out without notice.
• 25 service coordination meetings have been convened.
• 200 home visits have been conducted via hot-spot outreach and service coordination.
• 7 proactive community engagement events throughout the City have been implemented.

Discussion
On October 6, 2021, the Mayor and City Council authorized the City Manager to prepare and release a Request for Proposals to secure three new additional vendors to provide violence intervention services. Because the proposals received were either incomplete or vendors did not qualify, those bids were rejected. The City re-opened the Violence Intervention Program Request for Proposals via Planet Bids on March 1, 2022, and closed May 5, 2022, as an effort to honor the Mayor and City Council’s request to seek additional vendors.

In consideration of proposal submissions and the latest federal uniform guidelines for the American Rescue Plan Act fund, which states Cities can use American Rescue Plan Act funding to increase capacity with existing service providers, staff recommends amending the existing Professional Service Agreements with Hope Culture and Young Visionaries Youth Leadership Academy increasing their budgets by $250,000 each.

Staff also recommends approving a new Professional Service Agreement with Operation New Hope for $250,000. If approved, these three (3) agreements would account for a total of $750,000 of the $1,000,000 American Rescue Plan Act funds allocated to the Violence Intervention Program.
2021-2025 Key Strategic Targets and Goals
Increase funding for the Community Intervention Program aligns with Key Target No. 3:

Improved Quality of Life. Having more hybrid professionals such as Street Outreach Workers and Case Managers increases the program’s ability to reach more residents impacted by violence.

Fiscal Impact
Approval of the recommended service agreements will have no impact on the City’s General Fund. Council committed $1,000,000 of American Rescue Plan Act funding to VIP, of which $750,000 .
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Allocation: $1,000,000
Recommendation: (750,000)
Remaining ARPA funds committed to VIP: $250,000
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to amend Professional Services Agreements with Hope Culture (dba of Victory Outreach) and Young Visionaries Youth Leadership Academy by increasing the amount of each agreement by $250,000, and approve new Professional Service Agreement with Operation New Hope for $250,000 for a total of $750,000 of American Rescue Plan Act funds.

Attachments
Attachment 1 Third Amendment-Hope Culture
Attachment 2 Third Amendment-Young Visionaries
Attachment 3 Original Professional Services Agreement-Hope Culture Attachment 4 Original Professional Services Agreement-Young Visionaries Attachment 5 First & Second Amendment-Young Visionaries Attachment 6 First & Second Amendment-Hope Culture
Attachment 7 New Professional Services Agreement--Operation New Hope
Ward: All
Synopsis of Previous Council Actions:

February 21, 2018 The Mayor and City Council adopted Resolution No. 2018-39, authorizing the City Manager to receive and administer Board of State & Community Correction grant funds.

December 5, 2018 The Mayor and City Council approved community intervention professional service agreements.

January 15, 2020 The Mayor and City Council adopted Resolution No. 2020-03 authorizing the City Manager to prepare and submit funding proposal.

June 2, 2020 The Mayor and City Council approved first amendments to community intervention program contractors.

October 21, 2020 The Mayor and City Council adopted Resolution No. 2020-251 authorizing the City Manager to receive and administer Board of State & Community Correction grant funds. The Mayor and City Council also adopted resolution no. 2020-252 approving second budget amendments to community intervention professional service agreements.

October 6, 2021 The Mayor and City Council voted and approved motion to allocate 11 Packet Pg. 762
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One Million Dollars of American Rescue Plan Act funds and release a request for proposals to secure three additional vendors. 11 Packet Pg. 763
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THIRD AMENDMENT TO

AGREEMENT FOR PROFESSIONAL SERVICES

WITH VICTORY OUTREACH SAN BERNARDINO
This Third Amendment to the Agreement for Professional Services is made and entered into as of April 6, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Victory Outreach San Bernardino, a California non-profit corporation d/b/a HOPE Culture, Inc. (“Consultant”).

City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated November 15, 2018, for the purpose of providing services for the San Bernardino Violence Intervention Program (the “Original Agreement”).

B. WHEREAS, the City and the Consultant have entered into the First Amendment to the Original Agreement, dated July 15, 2020, for the purpose of extending the term of and increasing the not-to-exceed amount of the Original Agreement.

C. WHEREAS, the City and Consultant have entered into a Second Amendment to the Original Agreement, dated October 29, 2020 for the purpose of extending the term of and increasing the not-to-exceed amount of the Original Agreement.

D. WHEREAS, the Parties now desire to amend the Original Agreement in order to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Original Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Third Amendment and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Compensation. The compensation for services performed pursuant to this Third Amendment shall not exceed Two Hundred Fifty Thousand Dollars ($250,000), thereby increasing the total not to exceed compensation of the Original Agreement to the amount of One Million Three Hundred Eighty Thousand Dollars ($1,380,000). Work shall be performed at the rates set forth in the Original Agreement.

3. Full Force. Except as amended by this Third Amendment , all provisions of the Original Agreement as previously amended, including without limitation the indemnity

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and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Third Amendment .

4. Electronic Transmission. A manually signed copy of this Third Amendment which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Third Amendment for all purposes. This Third Amendment may be signed using an electronic signature.

5. Counterparts. This Third Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR

THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

WITH VICTORY OUTREACH SAN BERNARDINO
IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field,
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

VICTORY OUTREACH SAN
BERNARDINO d/b/a HOPE CULTURE,
INC.

Signature
Name
Title

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THIRD AMENDMENT TO

AGREEMENT FOR PROFESSIONAL

WITH YOUNG VISIONARIES YOUTH LEADERSHIP ACADEMY
This Third Amendment to the Agreement for Professional Services is made and entered into as of April 6, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Young Visionaries Youth Leadership Academy, a California non-profit corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated November 14, 2018, for the purpose of providing services for the San Bernardino Violence Intervention Program (the “Original Agreement”).

B. WHEREAS, the City and the Consultant have entered into a First Amendment to the Original Agreement, dated July 16, 2020, for the purpose of extending the term of and increasing the not-to-exceed amount of the Original Agreement.

C. WHEREAS, The City and Consultant have entered into a Second Amendment to the Original Agreement, dated October 30, 2020, for the purpose of extending the term of and increasing the not-to-exceed amount of the Original Agreement.

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Compensation. The compensation for services performed pursuant to this Third Amendment shall not exceed Two Hundred Fifty Thousand Dollars ($250,000), thereby increasing the total not to exceed compensation of the Original Agreement to the amount of Nine Hundred Fifty Thousand Dollars ($950,000). Work shall be performed at the rates set forth in the Original Agreement.

3. Full Force. Except as amended by this Third Amendment, all provisions of the Original Agreement, as previously amended, including without limitation the indemnity

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and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Third Amendment.

5. Counterparts. This Third Amendment may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR

THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

WITH YOUNG VISIONARIES YOUTH LEADERSHIP ACADEMY
IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field,
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

YOUNG VISIONARIES YOUTH

LEADERSHIP ACADEMY
Signature
Name
Title

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Packet Pg. 811 Attachment: Attachment 6 - First and Second Amendments - Hope Culture (8927 : VIP Contract Amendments (All Wards)) 1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND OPERATION NEW HOPE
This Agreement is made and entered into as of June 1, 2022 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Operation New Hope, a California non-profit public benefit with its principal place of business at 323 West 7th Street, San Bernardino, CA 92401 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

San Bernardino Community Violence Intervention Program, a violence reduction strategy (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal.

Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. This is a cost reimbursement contract. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.”
b. In no event shall the total amount paid for services rendered by Consultant

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Packet Pg. 812 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 2 under this Agreement exceed the sum of $250,000.00. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant shall submit monthly invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

6. Term. This Agreement shall commence on the June 1, 2022 and continue through July 31, 2023 unless the Agreement is extended or terminated previously as provided for herein (“Term”).

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party

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Packet Pg. 813 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 3 describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract

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Packet Pg. 814 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 4 until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.

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Packet Pg. 815 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 5 c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
f. Minimum Policy Limits Required

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Packet Pg. 816 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 6 (i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.

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Packet Pg. 817 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 7 (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, 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 Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

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Packet Pg. 818 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 8 (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers.
b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected and appointed officials, employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to

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Packet Pg. 819 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 9 insurance proceeds, if any, received by the City, its elected and appointed officials, employees, agents, or authorized volunteers.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs

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Packet Pg. 820 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 10 other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. Organization. Consultant shall assign Russell Degnan as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

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Packet Pg. 821 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 11 CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:

Operation New Hope
323 West 7
th Street
San Bernardino, CA 92401
Attention: Russell Degnan

30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The

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Packet Pg. 822 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 12 waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

36. Time of Essence. Time is of the essence for each and every provision of this Agreement.

37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE]

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Packet Pg. 823 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND OPERATION NEW HOPE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
Approved By:

Robert D. Field
City Manager
Approved as to Form:
_________________________
Sonia Carvalho , City Attorney
Attested By:

Genoveva Rocha, CMC, City Clerk

CONSULTANT
Signature
Russell Degnan_______________________
Name
Chief Executive Officer
Title

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Packet Pg. 824 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 14 EXHIBIT A
VIP Scope of Services

1. Violence Intervention
Project Overview: Consultant will carry out the work as described herein the Scope of Work.

The City will conduct periodic program monitoring and will report the results to Consultant.

Consultant shall comply with the City’s request to improve and/or solve all deficiencies.

Consultant shall immediately notify the City whenever there is a change in Consultant’s ability to provide services according to the Scope of Work or whenever there is a change of Consultant staff and/or sub-consultants providing services.

The objective of VIP violence intervention efforts is to reduce group-related violence through a range of ongoing proactive peacemaking efforts and in partnership with VIP contractors, partners and community stakeholders.

Consultant Activities

1. Consultant shall conduct intervention services and related intervention activities with individuals, groups and networks at highest risk of violence by:
a. Ensuring that the primary focus of intervention strategies and related efforts are established through a combination of the VIP:
i. Service Coordination meetings
ii. Case Review & Conferences
iii. Performance Management meetings
Continuously reviewing intervention assignments, activities and strategies to ensure they reflect the priorities above.

2. Consultant shall ensure effective and high-quality intervention services and related intervention activities with individuals, groups and networks at highest risk of violence by:
a. Building individual and group relationships with those at highest risk of involvement in violence, as indicated by VIP Problem Analysis and Coordination Meeting/Shooting Scorecard.
b. Working proactively to reduce tensions and conflicts that could escalate to violence or lead to retaliation;
c. Responding to violent incidents (in most cases, shootings) on a 24/7 emergency basis:
i. Incident Response: Contractor shall conduct 24-hour Incident Response coverage in and around the assigned area in an effort to reduce gang violence (or other violent crimes as determined by the City Manager’s Office).

Contractor shall respond to incidents of gang violence, and other violent

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Packet Pg. 825 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 15 crimes as needed, in a manner consistent with the Incident Response Protocol outlined in the Intervention Services Handbook.

Key points:
a) Contractor shall deploy Community Intervention Workers (“CIWs”) to incidents of gang violence and notify VIP Manager via email, telephone, or text.
b) Contractor shall engage families impacted by gang violence. c) Contractor shall engage gang involved individuals.
d) Contractor shall maintain the Triangle Protocol as described in the Intervention Services Handbook.
e) Contractor shall complete incident response reports and log follow up activities in the database system.
f) Contractor shall complete incident response forms.
d. Responding to and following up on any such violent incident in accordance with VIP protocols, including responding to victims of violence who have been hospitalized.
e. Employing violence interruption tools and techniques, such as conflict resolution, mediation, relocation, etc., both on a proactive basis and in response to violent incidents;
f. As directed by the VIP Program Manager, responding to gatherings, such as funerals, peace marches, and other events that spontaneously form in response to violent incidents;
g. Assisting the VIP Program Manager, Community Ambassadors, Case Managers and other VIP partners as they develop and implement:
i. Community engagement plans and strategies focused on groups and neighborhoods at highest risk of violence (as further described in in the Community Engagement section of this document_;
ii. Developing and convening regular/frequent mutual-support meetings, life skills curricula, and complementary informal and formal supports that collectively serve as a “community of support;”
h. Ensuring that the above support, services and activities are culturally appropriate, trauma-informed and, more generally, reflect the priorities and perspectives of individuals, groups and networks, neighborhoods and communities that experience disproportionately high levels of violence.

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Packet Pg. 826 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 16 2. Community Engagement
The community engagement component is central to the VIP strategy, particularly the VIP “communication component” as described in the VIP Program Manual. A priority is to draw on the Community Ambassadors’ credibility, leadership and relationships to engage individuals, groups and networks, and residents of neighborhoods and communities at disproportionately high risk of violence in VIP implementation and oversight.

Consultant Activities
Consultant shall ensure the implementation of a high-quality VIP community engagement strategy by:
a. Developing and carrying out community engagement plans and strategies specifically tailored to the community and that include; i. A variety of community events that provide, for example, recreational, cultural, and health and wellness activities designed and incorporated into a cohesive strategy to build an understanding of and support for the VIP strategy.
ii. Related opportunities and pathways that lead to active involvement in and support for VIP program activities, specifically the VIP communication component as directed by the City.
b. Planning and implementing the communication component of the VIP strategy, including specifically the group-based and one-on-one meetings as directed by the City.
i. Promote the voluntary participation in these meetings by individuals at highest risk of violence.
ii. Promote the voluntary participation in these meetings by informal and formal community leaders with a demonstrated commitment to individuals at highest risk of violence.
c. As appropriate, assisting the VIP program manager, case managers, and interventionists with developing and convening mutual-support meetings and complementary activities (including “life skills” curricula) that (i) form a “community of support;” and (ii) are coordinated with the VIP community engagement strategy;
Key points:
a) Document active gangs affecting the City.

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Packet Pg. 827 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 17 b) Identify, develop and implement strategies to engage active gangs. c) Identify CIW gang engagement assignments.
d) Document the “License to Operate” (“LTO”) of each CIW in respect to the gangs affecting the zone.
e) Document the proposed peacekeeping activities in the area based on gang rivalries and crime/violence trends.
f) Document weekly Safe Passage routes at key elementary, middle and high schools within the zone.
g) Contractor shall submit community engagement plan to VIP Office on a monthly basis.

3. Intensive Case Management
The objective of the case management component is to address each client’s ongoing safety while building a relationship that endures over the long term and provides support in achieving housing stability, progress toward employment opportunities, financial stability, and positive participation in civic life. This requires developing high-quality, intensive case-management relationships.

Consultant Activities
Consultant shall provide intensive case management to individuals at highest risk of violence by:
a) Maintaining an ongoing caseload of a minimum of 25 high risk individuals and no more than 25 secondary prevention individual clients annually. b) Serving these clients through VIP “dedicated” staff (staff assigned to this agreement).
c) Maintaining Case Manager caseloads of up to fifteen (15) clients per worker; d) Ensuring that a minimum of 75 percent of the overall caseload is referred through the VIP: (i) coordination meetings; and (ii) communication & community engagement component directed by the City.
e) Ensuring that the remaining 25 percent or less of the caseload meet the definition of “high risk of gun violence” by having multiple, overlapping risk factors specifically for gun violence, including, for example, involvement in recent shootings and recent weapons offenses, etc.
f) Continuously reviewing caseloads under the direction of the VIP program manager to ensure they reflect the population directed by the City.

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Packet Pg. 828 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 18 g) Conducting a minimum of five (5) high-quality contacts with each client per week, including a minimum of two in-person visits.

2. Consultant shall provide high-quality and comprehensive case management to individuals at highest risk of violence by:
a) Developing and providing intensive case-management support through:
i. “VIP Life Plans” designed to enable high-risk individuals to set personal priorities regarding achieving, for example, educational, employment, financial, and family life goals ;
ii. While prioritizing the safety component of the above VIP Life Plans that focuses to rapidly reducing the risk of involvement in gun violence; b) Assisting clients with conflict resolution, relocation, and life coach mentoring c) Developing and convening regular/frequent mutual-support meetings – including “life skills” curricula and complementary informal and formal supports that collectively serve as a foundation for “community of support;” d) Ensuring that the above support, services and activities are culturally appropriate, trauma-informed and, more generally, reflect the priorities and perspectives of individuals, groups and networks, neighborhoods and communities that experience disproportionately high levels of violence.

Client Services
VIP Intervention Case Management Model identifies two client types – Family Case Management Clients and Transitional Clients. At least 70% of Contractor’s assigned caseload shall be comprised of Family Case Management Clients. Each client type receives a prescribed service model, and contractor is required to deliver services according to the Intervention Services Handbook and Scope of Work. Contractor is required to deliver Family Case Management services and log all service delivery Transitional Client Services – Phase 1 Services Transitional Client Services are to be provided on a 90 day, 4 Phase Cycle. Phase 1 – Referral and Assessment does not have a timeline. For all clients, the 4 Phase Cycle of services begins on the date of the Initial Client Meeting/Client Enrollment Date.
i. Contractor shall provide VIP Transitional Client Services (“TCS”) to up to 30% of its total number of Clients.

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Packet Pg. 829 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 19 ii. Transitional Clients are those clients who require coaching and time to adjust to the specific requirements of the FCM Mode—Phase 2 Services. iii. The goal of these services is to prepare clients for FCM services.

Transitional Client Services and referrals are intended to focus on immediate needs and short term goals.
iv. These may include, but are not limited to, referrals to: substance abuse, life skills courses, anger management courses, job readiness/certification programs, and tattoo removal.
v. Short term goals may include obtaining legal identification and other work related documentation, and enrollment in educational or vocational programs.
vi. Contractor is required to deliver TCS services and log all service delivery information into the database system in a manner consistent with the process and policies outlined in the Intervention Services Handbook.

Comprehensive Client Services – Phase 2 Services
i. Contractor is required to implement phase two and provide services to a minimum of 70% of its total number of Clients.
ii. The phase two is designed to take place over a six-month cycle of services divided into seven phases.
iii. Contractor is required to deliver phase two services and log all service delivery information into the database system in a manner consistent with the process and policies outlined in the VIP Handbook.

4. Management and Accountability
Consultant shall ensure quality implementation of the overall VIP program strategy and, specifically, the VIP intervention component by:
a. Providing data and information on the above to the City of San Bernardino VIP Program Manager on, as appropriate, a weekly/semi-weekly/monthly basis in a clear and organized format for inclusion in VIP program performance reviews; b. Employing this case data and information when participating in weekly VIP coordination, case review and strategy meetings;
c. Actively collaborating with VIP Case Managers, Community Ambassadors and other relevant VIP stakeholders and partners;
d. Fully participating in the initial VIP program strategy planning and implementation process. Specifically, assisting with:

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Packet Pg. 830 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 20 i. The initial survey and assessment of client needs and priorities. ii. At the discretion of the VIP Program Manager, play a role in responding to shootings and resulting hospitalizations during this pilot/planning period in partnership with the VIP Case Managers and Community Ambassadors.
iii. Planning the initial VIP community engagement and relationshipbuilding strategy. e. Fully participating in all VIP intervention, case management and program trainings and related professional and organizational development opportunities as requested by the VIP program manager.
f. Contractor shall accomplish the following objectives during the contract cycle:
i. Develop a team of 4 hybrid gang interventionist-case management workers. ii. Develop individual family-based service plans each year to a minimum total of 25 high risk individuals between the ages of 14 – 35. iii. Develop and implement two City-wide proactive peace-making activities per year involving the City’s most active gangs in the Westside, and, two Citywide proactive peace-making activities per year involving the City’s most active gangs on the Eastside.
iv. Develop and implement “cease fire” agreements within impacted communities, around public schools, and parks during summer months. v. Provide ongoing consultation to the City on gang dynamics and incidents of gang violence.
vi. Respond to all gang related, involved, or motivated violence in the City using the violence interruption protocol.
vii. Participate in nine (9) Community Education Campaigns (3 per year) during the grant cycle regarding empirical evidence for risk factors and behaviors associated with gang joining among youth ages 12-17. Provide early intervention services to 25 individuals under the age of 18.

All of Consultant’s activities shall be carried out in partnership with the community and other VIP partners.

5. Schedule of Charges & Reimbursement

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Packet Pg. 831 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 21 Consultant is responsible for submitting monthly invoices, along with supporting documentation for every project-related expense in accordance with Section 4 of the Agreement.

If Consultant fails to provide supporting documentation for any project-related expense in a monthly invoice, payment of any amount due under such invoice shall be withheld until such time that Consultant submits the required supporting documentation such as:

Personnel Cost
i. Staff allocation sheet.
ii. Time sheets which reflect the percentages of time worked on VIP related project must be signed the employee and supervisor. Time sheet must be dated within the appropriate pay period. Electronically submitted timesheets are acceptable as long as they contain supervisor approval (wet signed or electronic). iii. Payroll register or copies of processed paychecks. iv. Invoices and proof of payment for fringe benefits (if applicable) must be submitted on a monthly basis.

Contractual Services
i. Signed invoices which reflects the appropriate time period, number or hours being billed (if applicable) and services provided (if applicable) ii. Proof of payment for consultants and vendors address and contact information, a copy of a check and bank statement is required.
iii. For subcontractors, you must submit a copy of a bank statement and cancelled check.

Participant Related Cost
(a) Invoices much include the date, the company name, address, contact information, and itemization of costs. Invoices must be dated within the month for which the expenditure report is being submitted.
(b) Receipts for purchased items must be dated within the month for which the expenditure report is being submitted.
(c) Proof of payment, which may be in the form of a copy of a check and bank statement.
(d) Receipt for gift cards, prizes, gifts, and/or other forms of incentives, and proof of receipt by the client/family member receiving the incentive:

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Packet Pg. 832 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards)) 22 i. Agency needs to submit a form identifying the recipients and amount of gift cards in the monthly expenditure reports.
ii. There must be proof of receipt by the client/family for any gift card that is distributed.
iii. Documentation of receipt must include name and signature or recipient, source and amount of gift card, date of receipt, and relationship to client if the recipient is not a client and a copy of the front and back of each gift card so that the serial number is visible.
(e) Sign in sheets for program events and field trips. Sign in sheet must have event name, date, and location.

Other Cost
(a) Invoices must include the date, the company name, and itemization of costs. Invoices must be dated within the month for which the expenditure report is being submitted. (b) Receipts for purchased items must be dated within the month for which the expenditure report is being submitted.
(c) Proof of payment, which may be in the form of a copy of a check, credit card receipts and bank statement
In-kind Match
(a) All match contributions shall be tracked like all other cost or expense listed above.

Consultant shall submit timely monthly invoices to City for approval. Said invoice shall be based on the total of Consultant’s services which have been completed to City’s sole satisfaction.

City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion.

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Packet Pg. 833 Attachment: Attachment 7 - New Professional Services Agreement - Operation New Hope (8927 : VIP Contract Amendments (All Wards))

Page 1 ends

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 1, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Nathan Freeman, Community and Economic Development
Director
Subject: Exclusive Negotiating Agreement for Seccombe Lake Park (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Exclusive Negotiating Agreement (“ENA”) between the City of San Bernardino and The Richman Group, LLC (“Richman”) for the development of a 4- acre portion of Seccombe Lake Park at the northwest corner of Sierra Way and 7th Street; and determine that the ENA is categorically exempt from the California Environmental Quality Act (“CEQA”).

Background
By quitclaim deed dated December 5, 1991 and recorded on January 15, 1992 in the Official Records of the County of San Bernardino as No. 92-016139, the State of California (the “State”) conveyed nine (9) specific parcels, known as Seccombe Lake Park (the “Park”), to the City of San Bernardino, with the condition that it be used only for park purposes in perpetuity, unless the State Legislature, by specific act, permitted other uses, sale or disposition of the property.

On September 30, 2006, Governor Arnold Schwarzenegger signed Assembly Bill No. 1457 (“AB 1457”) into law, which allowed the City to sell up to 12.5 acres of the Park (the “12.5-Acre Portion”) to the City’s Redevelopment Agency (“RDA”).

The conditions of sale of the 12.5-Acre Portion for private development, as dictated by AB 1457, were as follows:

1. The City and RDA must prepare a detailed land plan showing which specific parcels of the 12.5-Acre Portion will be sold (the “Land Plan”) and which properties elsewhere in the City will be acquired or developed or both with the proceeds of such sale (the “Replacement Park Land”);

2. The Land Plan must show, and the City and RDA must ensure, that there is no net loss in Park acreage as a result of implementation; 12 Packet Pg. 834
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3. For portions of the Replacement Park Land owned by the City or RDA as of January 1, 2006, the City shall, prior to transfer of title of any portion of the Park to the RDA, submit to the State (a) evidence of compliance with the Public Park Preservation Act of 1971 (Chapter 2.5 (commencing with Section 5400) of Division 5 of the Public Resources Code), including a copy of the recorded deed and title policy for, and map of, the Replacement Park Land, and (b) a revised map of the Park showing revised acreage;

4. For portions of the Replacement Park Land not owned by the City or RDA as of January 1, 2006 but to be owned within two (2) years after sale of all or a portion of the 12.5-Acre Portion, the City and RDA shall acquire fee title and develop for park purposes the Replacement Park Land within reasonable proximity to the Park to be used exclusively for park purposes;

5. The City shall conduct a public hearing before the City Council to review the Land Plan and take public comment;

6. The City or RDA, prior to closing any real property transactions under the Land Plan, shall submit to the State an independent appraisal (which shall be a public document) of the 12.5-Acre Portion (or any portion thereof) to be sold and the Replacement Park Land; and

7. The City shall reimburse the State for any costs or expenses associated with their review and approval of the appraisal, conveyance, and acquisition documents.

As part of the 2011 Budget Act, the State Legislature dissolved the State’s 400-plus RDAs, and after a period of litigation, RDAs, including the City’s RDA, were officially dissolved as of February 1, 2012. To help facilitate the wind-down process at the local level, successor agencies (“SAs”) were established to manage redevelopment projects currently underway, make payments on enforceable obligations, and dispose of redevelopment assets and properties. Each SA has an Oversight Board (OB) that supervises its work.

On January 9, 2012, by Resolution No. 2012-12, the City agreed to serve as the SA for the RDA and therefore, as the SA, has fee ownership and possession of the Park and the 12.5-Acre Portion within it.

On September 6, 2020, the City (as SA) published a Request for Qualifications (RFQ F21-06) (the “RFQ”), seeking qualified developers to develop the first phase of a proposed affordable housing project (the “Project”), located on approximately four (4) acres of the 12.5-Acre Portion of the Park (the “4-Acre Portion”), on the northwest corner of Sierra Way and 7th Street (the “Property” or the “Site”), generally depicted in Exhibit “A” attached to the ENA.

On October 19, 2020, Richman submitted a response to the RFQ, and City staff ultimately selected Richman as the developer of choice for the 4-Acre Portion. The ENA 12 Packet Pg. 835
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is the City’s formalization of that selection.

By way of background, since its inception in 1986, Richman is consistently ranked as one of the top 10 largest residential apartment portfolios in the United States. Moreover, through its 12 offices located nationally, Richman conducts a wide range of development, equity investment, mortgage financing, asset management and property management activities. Richman has a major presence in both the luxury rental apartment and affordable housing sectors.

Through November and December 2020, the City exchanged correspondence with the State (specifically, the Office of Grants and Local Services (“OGALS”) with respect to the Project Site and the City’s ability to move forward with the Project absent additional legislation. On or about April 19, 2021, OGALS notified the City that the City may sell the Property for private development without pursuing new legislation separate and apart from AB 1457. In that same letter, OGALS also requested that the City (i) provide it with a copy of the draft ENA; and (ii) “provide public notice of [the ENA] with the developer.”
On March 22, 2022, the City had a teleconference with various representatives of the State, including from OGALS and the Department of General Services to discuss the documents and information necessary for delivery by the City to comply with state law and AB 1457.

On March 25, 2022, the City delivered the draft ENA (which is the same as the ENA attached hereto as Attachment 1) to certain representatives of the State who attended the March 22 teleconference. The City requested that the State provide comment to the ENA by April 13, 2022. The City received no comment by that date or by any date.

On May 27, 2022, pursuant to the Brown Act, the City published notice of the agenda for the City Council meeting to be held on June 1, 2022 (the “Agenda”). The Agenda included this staff report and Attachments 1 and 2.

The City intends to issue a Request for Qualifications for the remaining 8.5 acres of the

12.5-Acre Portion at some time in the near future (the “8.5-Acre RFQ”).

Discussion
The following are material terms of the ENA with Richman:
• The term (i.e. Negotiation Period) of the ENA is 180 days (with the possibility of further extension up to 1 year by mutual agreement of the parties); provided, however, that the time will be tolled from the date the City issues the 8.5-Acre RFQ, for the remainder of the Seccombe Lake property, until the date a developer is selected by the City to develop that portion of the Property (the “RFQ Tolling”). • The City can extend the Negotiation Period administratively for any length of time up to one (1) year from the end of the Negotiation Period by mutual written agreement of the parties. Once an extension seeks to pass that 1-year mark, that extension 12 Packet Pg. 836
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(and all further extensions) must be approved by City Council. • Richman shall pay to the City a deposit of $25,000 as consideration for the City’s agreement not to negotiate with other parties on the 4-Acre Portion. The City will use the deposit to defray its costs in negotiating with Richman and preparing a Purchase and Sale Agreement or Disposition and Development Agreement or some other definitive agreement to transfer and develop the Property (“Definitive Agreement”).

Each extension of the Negotiation Period will cost Richman $10,000. • Richman acknowledges that:
o the ENA is not a Definitive Agreement and does not create a legal obligation for either party to enter into a Definitive Agreement.
o the ENA does not give it any property interest in the 4-Acre Portion. o anything either party does after executing the ENA in contemplation of entering into a Definitive Agreement is not evidence of intent to be bound by that future Definitive Agreement.
o the ENA is not a representation, guaranty, or assurance by the City of future approval of any entitlement or request for financial assistance from the City. • In order to ensure exemption from the Surplus Land Act (Government Code Section 54220 et seq.) (the “Act”), at a minimum, any Definitive Agreement will reflect that the Project on the Site will meet the requirements of Government Code section 37364 - namely:
o At least 80 percent of the area of the Site shall be used for development of housing;
o At least 40 percent of the total number of housing units developed on the Site shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of those units shall be affordable to very low income households; and o Dwelling units produced for persons and families of low or moderate income shall be restricted by regulatory agreement, recorded in the County’s official records, to remain continually affordable to those persons and families for the longest feasible time, but not less than 30 years, pursuant to a method prescribed by the City.
o Any Project on the Site is anticipated to be a mixed-income housing development that will comply with the Waterman & Baseline Neighborhood Specific Plan. o Richman agrees to indemnify, defend and hold the City harmless against any and all claims arising under the ENA.
2021-2025 Strategic Targets and Goals
Approving the ENA aligns with Key Target No. 1: Improved Operational & Financial Capacity; and Key Target No. 3: Improved Quality of Life. 12 Packet Pg. 837
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Fiscal Impact
Richman will cover the costs of the City (i.e. staff time and effort) as part of negotiating a Definitive Agreement. There should be no fiscal impact to the City by the approval of the proposed ENA.

CEQA
Approval of the ENA is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. This agreement sets the terms of negotiation between the City and Richman; it does not authorize any specific development or installation on any specific piece of property or infrastructure within the City’s boundaries.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Exclusive Negotiating Agreement (“ENA”) between the City of San Bernardino and The Richman Group, LLC (“Richman”) for the development of a 4- acre portion of Seccombe Lake Park at the northwest corner of Sierra Way and 7th Street; and determine that the ENA is categorically exempt from the California Environmental Quality Act (“CEQA”).

Attachments
Attachment 1 Seccombe Lake Park - Exclusive Negotiating Agreement Attachment 2 Richmond Development - Inspirational Project Imagery Ward: 1
Synopsis of Previous Council Actions:

May 18, 2022 The City Council directed staff to continue this item for future consideration.
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1 EXCLUSIVE NEGOTIATING AGREEMENT
PARTIES: CITY OF SAN BERNARDINO AND THE RICHMAN GROUP, LLC PROPERTY: FOUR (4)-ACRE PORTION OF SECCOMBE LAKE PARK AT NW CORNER OF SIERRA WAY AND 7TH STREET
THIS EXCLUSIVE NEGOTIATING AGREEMENT (the “Agreement”) is dated as of ____________, 2022 and is entered into by and between The Richman Group of California Development Company, LLC, a California limited liability company and its permitted assigns (collectively the “Developer”) and the City of San Bernardino, in its capacity as Successor Agency and Successor Entity to the Redevelopment Agency of the City of San Bernardino (the “City”).

Developer and the City are collectively referred to herein as the “Parties.” This Agreement is entered into in light of the facts set forth in the following recital paragraphs:

RECITALS
A. WHEREAS, by quitclaim deed dated December 5, 1991 and recorded on January 15, 1992 in the Official Records of the County of San Bernardino as No. 92-016139, the State of California (the “State”) conveyed nine (9) specific parcels, known as Seccombe Lake Park (the “Park”), to the City, with the condition that it be used only for park purposes in perpetuity, unless the State Legislature, by specific act, permitted other uses, sale or disposition of the property; and B. WHEREAS, on September 30, 2006, Governor Arnold Schwarzenegger signed Assembly Bill No. 1457 (“AB 1457”) into law, which allowed the City to sell up to 12.5 acres of the Park (the “12.5-Acre Portion”) to the City’s Redevelopment Agency (“RDA”); and C. WHEREAS, the conditions of sale of the 12.5-Acre Portion for private development, as dictated by AB 1457, are as follows:

2. The Land Plan must show and the City and RDA must ensure that there is no net loss in Park acreage as a result of implementation;

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2 develop for park purposes the Replacement Park Land within reasonable proximity to the Park to be used exclusively for park purposes;

5. The City shall conduct a public hearing before the City Council to review the Land Plan and take public comment;

7. The City shall reimburse the State for any costs or expenses associated with their review and approval of the appraisal, conveyance, and acquisition documents.

D. WHEREAS, as part of the 2011 Budget Act, the State Legislature dissolved the State’s 400-plus RDAs, and after a period of litigation, RDAs, including the City’s RDA, were officially dissolved as of February 1, 2012; and
E. WHEREAS, to help facilitate the wind-down process at the local level, successor agencies (“SAs”) were established to manage redevelopment projects currently underway, make payments on enforceable obligations, and dispose of redevelopment assets and properties. Each SA has an Oversight Board (OB) that supervises its work; and F. WHEREAS, on January 9, 2012, by Resolution No. 2012-12 (the “SA Resolution”), the City agreed to serve as the SA for the RDA and therefore, as the SA, has fee ownership and possession of the Park and the 12.5-Acre Portion within it; and G. WHEREAS, the City (as SA) seeks to develop the first phase of a proposed affordable housing project (the “Project”), located on approximately four (4) acres of the 12.5- Acre Portion of the Park, on the northwest corner of Sierra Way and 7th Street (the “Property” or the “Site”), generally depicted in Exhibit “A,” attached hereto and incorporated herein by reference; and
H. WHEREAS, on September 6, 2020, the City published a Request for Qualifications (RFQ F-21-06) (the “RFQ”), seeking qualified developers for the Project; and I. WHEREAS, on October 19, 2020, Developer submitted a response to the RFQ (the “Developer Response”); and
J. WHEREAS, through November and December 2020, the City exchanged correspondence with the State (specifically, the Office of Grants and Local Services (“OGALS”) with respect to the Project Site and the City’s ability to move forward with the Project absent additional legislation; and
K. WHEREAS, on March 22, 2021, the City met with officials from OGALS and intends to remain in close contact with OGALS and the State, as necessary and appropriate, to fully comply with AB 1457; and
L. WHEREAS, on or about April 19, 2021, OGALS notified the City that the City may sell the Property for private development without pursuing new legislation separate and apart from AB 1457; and

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3 M. WHEREAS, while the Developer Response (attached hereto as Exhibit “B”) does not set forth any terms on which the Developer is prepared to acquire any interest in the Site from the City, it does detail Developer’s personnel, experience, and expertise in constructing, maintaining, and operating affordable housing developments across the country; and N. WHEREAS, at a minimum, any Project on the Site will meet the requirements of Government Code section 37364; therefore, the Property and its ultimate disposition to Developer will be exempt from the Surplus Land Act, Government Code sections 54220 et seq. (the “Act”), pursuant to section 54221(f)(1)(A) of the Act; and
O. WHEREAS, the City intends to issue a Request for Proposals or Request for Qualifications for the remaining 8.5 acres of the 12.5-Acre Portion at some time in 2022.

P. WHEREAS, the City believes in good faith that it is free to exclusively negotiate with Developer at this time; and
NOW, THEREFORE, in view of the goals and objectives of the State of California and the City relating to the disposition of City-owned lands for potential development as an affordable housing project, and in consideration of the mutual promises of City and Developer set forth in this Agreement, the City and Developer agree as follows:

1. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this Agreement, in their entirety, by this reference.

2. Effective Date and Negotiation of Definitive Agreement. (a) The rights and duties of the City and the Developer established by this Agreement shall commence on the first date on which all of the following have occurred (the “Effective Date”): (1) execution of this Agreement by the authorized representative(s) of the Developer and delivery of such executed Agreement to the City, (2) payment of the Initial Deposit to the City by the Developer, in accordance with Section 8, and (3) approval of this Agreement by the City Council and execution of this Agreement by the authorized representative of the City. (b) Subject to the terms and conditions of this Agreement, during the Negotiation Period (defined in Section 4), Developer and the City shall proceed in good faith to undertake discussion, evaluations, negotiation and documentation of the potential terms of a Purchase and Sale Agreement or Disposition and Development Agreement or some other definitive agreement to transfer the Property (“Definitive Agreement”) for the Property which is mutually satisfactory to the Parties. During the Negotiation Period, Developer and the City shall reasonably assist and cooperate with each other and supply such documents and information as may be reasonably requested by the other in writing to facilitate the conduct of such negotiations.

As the term is used in the preceding sentence and elsewhere in this Agreement, the words “assist and cooperate” when applied to the City mean and refer to the provision of information, reports or documents to Developer with respect to the Property which are already in the possession of the City or such new information, reports or documents relating to the Property and this Agreement, which do not require the City to incur any third party cost or expense which may not be reimbursed to the City upon the proposed disposition of the Property to the Developer under the terms of a future Definitive Agreement. During the Negotiation Period, both Developer and the City shall exercise reasonable efforts to conduct and complete discussions relating to the preparation of terms and conditions of the Definitive Agreement as may be mutually acceptable to the Developer and the City in the sole and absolute discretion reserved to each of them. The exact terms and conditions of the Definitive Agreement, if any, shall be determined during the

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4 course of these negotiations. Nothing in this Agreement shall be interpreted or construed to be a representation or agreement by either the Developer or the City that a mutually acceptable Definitive Agreement will be produced from negotiations under this Agreement either before or after the Effective Date. Nothing in this Agreement shall impose any obligation on either Party to agree to the approval and execution or be bound by a Definitive Agreement in the future. (c) [Intentionally Deleted.]

3. Developer Acknowledgments.
(a) This Agreement shall not be deemed to be an obligation of either Party to enter into a Definitive Agreement for the Property.
(b) Developer acknowledges and agrees that: (1) under this Agreement, the City does not commit itself or agree to enter into a Definitive Agreement or undertake any other exchange, sale, lease or other transfer of the Property to Developer; (2) no provision of this Agreement shall be deemed to be an offer by the City, nor an acceptance by the City of any offer or proposal from Developer, for the City to convey any estate or interest in the Property to Developer; (3) Developer has not acquired, nor shall the Developer acquire, by virtue of any term of this Agreement, any legal or equitable interest in real or personal property from the City; (4) further efforts by either Party to perform due diligence, arrange or obtain financing, or carry out other acts in contemplation of the possible acquisition, transfer of the Property or the development of the Project shall not be deemed evidence of intent by either Party to be bound by any term, condition, covenant, restriction or agreement relating to acquisition, transfer or development of the Property or the Project.
(c) The Developer further acknowledges and agrees that no provision of this Agreement shall be interpreted or construed to be a guaranty, warranty, representation or assurance by the City that any public agency or other entity shall give any discretionary approval or provide any development financial assistance with respect to the Project on such terms which may be acceptable to the Developer or otherwise.

4. Negotiation Period.
(a) The Negotiation Period shall begin on the date when this Agreement has become effective pursuant to Section 2 above.
(b) The Negotiation Period shall commence on the Effective Date and shall continue for One Hundred Eighty (180) consecutive days, subject to subsection (d) below or unless otherwise terminated or extended as provided herein (“Negotiation Period”). (c) If the rights and duties of the Parties which arise under this Agreement have not been expressly merged into a Definitive Agreement within One Hundred Eighty (180) days of approval of this Agreement by the City Council (subject to subsection (d)) for any reason, then in such an event, this Agreement shall terminate without further notice whereupon neither Party shall have any further rights, obligations, or liabilities to the other under this Agreement except with respect to obligations which expressly survive termination of this Agreement. (d) The Negotiation Period shall be tolled from the date that the City issues a Request for Proposals or Request for Qualifications for the remaining 8.5 acres of the 12.5-Acre Portion until the date a developer is selected by the City to develop that portion of the 12.5-Acre Portion.

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5 5. Extension of Negotiation Period. The Negotiation Period may be extended by the written agreement of the Parties; provided, however, that if the Negotiation Period is to be extended beyond one (1) year of the end of the Negotiation Period (subject to Section 4(d) above), approval of such extension and every subsequent extension must be obtained from City Council and may not be administratively approved.

6. Definitive Agreement General Provisions.
(a) General Terms and Conditions. The Parties anticipate that the Definitive Agreement shall include provisions addressing the following described subjects:

6.a.1 The Property Acquisition and Ownership by the Developer. The specific terms on which the Property shall be acquired from the City by Developer or Developer’s permitted assignee shall be set forth in the Definitive Agreement as mutually agreed to by the Parties. The City retains its sole and absolute discretion to approve, disapprove or impose conditions on the final form of the Definitive Agreement. Developer retains the right to reject any such conditions. If the Developer rejects the conditions imposed in the Definitive Agreement by the City, either Party may terminate this Agreement without liability. The words “Developer’s permitted assignee” shall refer to the provisions of the Definitive Agreement as set forth at Section

6.a.4, below.

6.a.2 [RESERVED].

6.a.3 Scope of Development. The Project is anticipated to be a mixed income housing development that will comply with the Waterman & Baseline Neighborhood Specific Plan, Government Code § 37364, and all City permits, pursuant to applicable, recorded conditions, covenants and restrictions reasonably acceptable to the Parties and each of the other Responsible Agencies, as applicable.

6.a.4 Developer Permitted Assignee. Pursuant to Section 14 and Section 19(e), City shall not unreasonably withhold approval of the assignments of the interests and rights under this Agreement to an affiliate of the Developer if requested by the Developer in a signed writing; provided, however, that City shall be deemed to have approved the assignment of Developer’s interest and rights under this agreement to a limited partnership in which Developer or its affiliate acts as a general partner.

6.a.5 Other. Such other matters as the Developer and the City may mutually agree.
(b) Developer Compliance with Laws with Respect to Project. Under the terms of the Definitive Agreement, the Developer shall comply with the requirements of all applicable City ordinances, resolutions and development entitlement approvals for the planning, design, construction and operation of the Project.

7. Costs and Expenses. All fees or expenses of engineers, architects, financial consultants, legal, planning or other consultants or contractors, retained by Developer for any study, analysis, evaluation, report, schedule, estimate, environmental review, planning or design activities, drawings, specifications or other activity or matter relating to the Property or the Project or negotiation or documentation of a future Definitive Agreement that may be undertaken by Developer during the Negotiation Period regarding any matter relating to this Agreement, a future Definitive Agreement for the Property or future development agreement for the Project, shall be the sole responsibility of and shall be undertaken at the sole cost and expense of Developer and

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6 no such activity or matter shall be deemed to be undertaken for the benefit of, at the expense of or in reliance upon the City except as may hereafter be set forth in the Definitive Agreement.

Developer shall also pay all fees, charges and costs, make all deposits and provide all bonds or other security associated with the submission to and processing by the City or any other governmental agency of any and all applications and other documents and information to be submitted to the City or such other governmental agency by Developer either pursuant to this Agreement or otherwise associated with the Project or the Property.

8. Deposit.
(a) Prior to the Effective Date, the Developer shall pay to the City a deposit in the amount of Twenty Five Thousand Dollars ($25,000) in immediately available funds (“Initial Deposit”) to ensure that the Developer will proceed diligently and in good faith to fulfill its obligations under this Agreement, as part of the consideration for the City’s agreement not to negotiate with other persons during the Negotiation Period, and to defray certain costs of the City in pursuing the contemplated negotiations with the Developer during the Negotiation Period, including staff time, consultant fees and attorneys’ fees associated with review and implementation of this Agreement or preparing the Definitive Agreement, all of which shall be charged against the Initial Deposit. The City shall provide notice to the Developer if at any time during the Negotiation Period the Initial Deposit falls below Five Thousand Dollars ($5,000), at which time Developer may make an additional deposit of any amount. If Developer opts not to make any further additional deposits, then, upon the complete exhaustion of the Initial Deposit, this Agreement shall automatically terminate without any further notice to either Party, and neither Party shall have any further rights or obligations to the other under this Agreement, except obligations that expressly survive termination of this Agreement. Any funds remaining in the Initial Deposit at the termination of this Agreement shall either be returned to the Developer or applied toward the purchase price of the Property at the Developer’s discretion. The Initial Deposit shall not include or be applied to any fees and expenses required by the City of Developer for any permit, other required entitlement or Project processing. (b) Upon each extension of the Negotiation Period, if any, the Developer shall deposit an additional Ten Thousand Dollars ($10,000) in immediately available funds with the City on the first day of any extension of the Negotiation Period (each, an “Extension Deposit”). Each Extension Deposit is intended to ensure that the Developer will proceed diligently and in good faith to fulfill its obligations under this Agreement during any extension of the Negotiation Period, as part of the consideration for the City’s agreement not to negotiate with other persons during any such extension of the Negotiation Period, and to defray certain costs of the City in pursuing the contemplated negotiations with the Developer during any such extension of the Negotiation Period, pursuant to this Agreement. Any funds remaining in the Extension Deposit at the termination of this Agreement shall either be returned to the Developer or applied toward the purchase price of the Property at the Developer’s discretion

9. No City Approval. Nothing in this Agreement, nor any comments provided by the City or City staff, nor any failure of City staff to provide comments to any submittal by the Developer pursuant to this Agreement shall: (1) modify or replace any land use entitlement process of the City applicable to the Project, (2) limit the police power land use jurisdiction of the City as it relates to the Property or the Project, (3) constitute an approval of all or any portion of the Project by the City pursuant to the police power land use jurisdiction of the City; or (4) constitute any approval of all or any portion of a future Definitive Agreement by the City.

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7 10. City Due Diligence. The City reserves the right to reasonably obtain further information, data and commitments to ascertain the ability and capacity of Developer to complete its acquisition of the Property from the City and develop the Project. Developer acknowledges that it may be requested to provide evidence of Developer’s assets, including equity, debt, and third-party financing for the Project, to the City, its staff, legal counsel or other consultants, as part of the financial due diligence investigations of the City relating to the potential sale of the Property and development of the Project by Developer and that any such disclosures by the Developer to the City, may become public records. The City shall maintain the confidentiality of financial information of Developer to the extent allowed by law. If the City receives a request for disclosure of records related to Developer, the Property, or the Project pursuant to the California Public Records Act (Gov’t Code Section 6250 et. seq.), the City, in its reasonable discretion, will provide a copy of such request to Developer, so that, in the event that the City Attorney determines that such records must be disclosed, against the wishes of Developer, Developer may seek appropriate judicial relief.

11. Developer Due Diligence. Subject to the assistance and cooperation of the City, during the Negotiation Period, Developer reserves the right to request and reasonably obtain all necessary and non-privileged information and data as it relates to the Property from the City as the Developer may deem to be appropriate. The City will deliver without representation or warranty existing information, studies, reports, site and construction plans or other documents relating to the Property in the City’s control or possession. The City will endeavor to deliver such material within ten (10) days of receipt of written request. Subject to compliance with Section 13 below, during the term of this Agreement, Developer will have the right to examine, inspect and investigate the Property to determine whether its condition is acceptable to Developer.

12. Developer Indemnity. Developer shall indemnify, defend and hold harmless the City and its elected and appointed officials, officers, agents and employees (each individually, an “Indemnified Party” and collectively, the “Indemnified Parties”) against any and all losses arising out of any claim, demand or cause of action, or any action or other proceeding, whether meritorious or not, arising under this Agreement or through activities of the Developer with respect to the Property or the Project, or Developer’s contractors or employees which may also be brought or asserted against any Indemnified Party that relates to or arises out of: (i) property damage or bodily injury or death of any person in connection with this Agreement through activities or omissions of the Developer with respect to the Property or the Project; (ii) entry upon the Property by Developer, its contractors or employees; (iii) any other inspection of the Property by Developer, its contractors or employees; or (iv) the preparation of any report or plan commissioned by Developer. No Indemnified Party shall be entitled to indemnification under this Section 12 (i), (ii), (iii) and (iv) arising from a matter caused by such Indemnified Party’s gross negligence or willful misconduct. In the event any action or proceeding is brought against an Indemnified Party by reason of a claim arising out of any loss for which Developer is obligated to indemnify, defend or hold harmless the Indemnified Party, and upon written notice from such Indemnified Party, Developer shall, at Developer’s sole expense, answer and otherwise defend such action or proceeding. The provisions of this Section 12 shall survive the expiration or termination of this Agreement.

13. Right of Entry and Developer Insurance.
(a) Without limiting Developer’s indemnification obligations as set forth in this Agreement, Developer, prior to any entry on the Property by Developer or its employees, agents, representatives, consultants, or contractors, shall seek a right of entry agreement from the City

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8 and shall procure and maintain, at its sole cost and expense, for the period of such entry, the following policies of insurance:

13.a.1 Commercial General Liability insurance written on a per occurrence basis in an amount not less than $1,000,000 per occurrence.

13.a.2 Business Auto Coverage written on a per accident basis in an amount not less than $1,000,000 per accident. If Developer or Developer’s employees use personal automobiles in connection with the performance of work under this Agreement, Developer shall provide evidence of personal auto liability coverage for each such person.

13.a.3 If applicable, Worker’s Compensation insurance providing statutory benefits as required by California law.
(b) All of the insurance policies required hereunder, except the worker’s compensation insurance, shall comply with the following requirements:

13.b.1 All insurance shall be written by insurers that are admitted and licensed to do business in the State of California and with A.M. Best rating of A- or better and a minimum financial size VII.

13.b.2 The policies shall be endorsed to name the City and its officers, officials, members, employees, and agents as additional insureds.

13.b.3 All of Developer’s insurance: (a) shall contain no special limitations on the scope of protection afforded to the additional insureds; and (b) shall be primary insurance and any insurance or self-insurance maintained by the additional insureds or any of them shall be in excess of Developer’s insurance and shall not contribute with it.

13.b.4 The policies shall be “occurrence”-based rather than “claims made”-based insurance.

13.b.5 The policies shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

13.b.6 The policies shall prohibit Developer from waiving the right of subrogation prior to a loss.

13.b.7 The policies shall not contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured.
(c) Prior to any entry onto the Property by Developer or its employees, agents, representatives, consultants, or contractors, Developer shall provide the City Manager with Certificates of Insurance evidencing the above insurance coverages and said Certificates of Insurance have been reasonably approved by City. In the event any of said policies of insurance are reduced in limits or cancelled for any reason, Developer shall, prior to the cancellation date, submit new evidence of insurance, in conformance with this Section 13. (d) The provisions of any workers’ compensation or similar act shall not limit the obligations of Developer under this Agreement. Developer expressly agrees not to use any

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9 statutory immunity defenses under such laws with respect to City or its officers, officials, members, employees, agents, representatives, or volunteers acting in an official capacity. (e) Developer agrees to provide immediate notice to City of any claim or loss against Developer arising out of any acts or omissions of Developer under this Agreement. City assumes no obligation or liability by such notice, but has the right to monitor the handling of any such claim or claims if they are likely to involve the City or any officer, official, member, employee, agent, or representative of City acting in an official capacity.

14. Restrictions Against Change in Ownership, Management or Control of Developer; Assignment of Agreement During the Negotiation Period. The City and Developer acknowledge and agree that the City is entering into this Agreement with Developer on the basis of the particular experience, financial capacity, skills and capabilities of Developer. This Agreement is personal to Developer and is not assignable without the prior written consent of the City, which may be given, withheld or conditioned in City’s sole and absolute discretion; provided, however, this Agreement may be assigned to a limited partnership in which Developer or its affiliate acts as a general partner and the Definitive Agreement may contain provisions reasonably satisfactory to the City which permit assignment of the Developer interest in the Definitive Agreement to an affiliate of Developer prior to the completion of the disposition of the Property pursuant to the Definitive Agreement. For purposes of this Agreement, the term “affiliate” means any person or entity, directly or indirectly, controlling or controlled by or under common control with Developer, whether by direct or indirect ownership of equity interests, by contract, or otherwise.

15. Developer Events of Default and City Remedies.
(a) Developer Events of Default. The occurrence of any of the following shall constitute an “Event of Default” on the part of Developer under this Agreement:

15.a.1 Schedule of Performance. Failure of Developer to meet a performance milestone by the applicable date contained in the Schedule of Performance of this Agreement (Exhibit “C”), if such failure is not cured within ten (10) days after written notice from the City of such failure.

15.a.2 Misrepresentation. Any material breach of any representation or warranty made by Developer in this Agreement that is not cured within ten (10) days after written notice from the City to Developer of such breach.

15.a.3 Unauthorized Assignment. Any assignment or attempted assignment by Developer in violation of Section 14 that is not cured within ten (10) days after written notice from the City to Developer of such breach.

15.a.4 Insurance. Failure of Developer to procure or maintain any of the insurance coverage required by this Agreement resulting in a lapse in required insurance coverage which lapse is not cured within ten (10) days after written notice from the City to Developer of such breach.

15.a.5 Other Developer Defaults. Failure by the Developer to comply with any other provision of this Agreement that is not cured within thirty (30) days after written notice from the City to the Developer of such breach; provided, however, if such default is not reasonably capable of being cured within such thirty (30) day period, Developer shall have such additional time as may be reasonably necessary, provided Developer commences to cure within such thirty (30) day period and is diligently prosecuting such cure to completion.

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10 (b) City Remedies. If there is an Event of a Default by Developer, the City may, in the sole and absolute discretion of the City, terminate this Agreement by delivering written notice of termination to Developer which references this Section 15(b) of this Agreement, effective as of the day after the last day of the applicable cure period specified in Section 15(a), provided that Developer does not cure the breach within the applicable cure period. Upon any such termination, neither Party shall have any further rights or obligations to the other under this Agreement, except obligations that expressly survive termination of this Agreement. The City hereby waives any remedy of specific performance following an Event of Default by Developer arising under this Agreement. The sole and exclusive remedy for the occurrence of an Event of Default by Developer shall be the termination of this Agreement. In the event of such termination neither Party shall have any further right or obligation under this Agreement except as to the Developers indemnity obligations which may arise under Section 12.

16. City Events of Default and Developer Remedies
(a) City Events of Default. The occurrence of any of the following shall constitute an “Event of Default” on the part of the City under this Agreement.

16.a.1 Negotiation of Disposition of the Property With Other Parties. The City will be in Default under this Agreement if it begins to engage in land disposition negotiations concerning the Property with any party other than Developer before the termination of this Agreement and such breach is not corrected by the City within ten (10) days after written notice from the Developer of such breach.

16.a.2 Other City Default. Failure by the City to comply with any other provision of this Agreement which is not corrected within fifteen (15) days after written notice from Developer to the City of such breach.
(b) Developer’s Remedies. If there is an Event of a Default by the City, Developer may, in the sole and absolute discretion of Developer terminate this Agreement by delivering written notice of termination to City which references this Section 16(b) of this Agreement, effective as of the day after the last day of the applicable cure period specified in Section 16(a), provided that City does not cure the breach within the applicable cure period.

Developer hereby waives any remedy of specific performance following an Event of Default by the City. Upon any such termination, neither Party shall have any further rights or obligations to the other under this Agreement, except obligations that expressly survive termination of this Agreement. The sole and exclusive remedy for the occurrence of an Event of Default by the City shall be the termination of this Agreement. In the event of such termination neither Party shall have any further right or obligation under this Agreement except as to the Developer’s indemnity obligations which may arise under Section 12. Notwithstanding the foregoing, the Developer’s recovery of damages against the City under this Agreement shall be limited to recovering any amounts actually expended by the Developer in reasonable reliance on this Agreement not to exceed the amount of TWO HUNDRED AND SEVENTY FIVE THOUSAND DOLLARS ($275,000.00).

17. Developer Representations and Warranties. Developer represents, warrants and covenants to and for the benefit of the City that, as of the Effective Date and at all times during the Negotiation Period, as follows:
(a) Valid Existence; Good Standing; Joint Venture Relationships. Developer is a corporation duly organized and validly existing under the laws of the State of California.

Developer has all requisite power and authority to acquire the Property from the City and conduct

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11 its business as presently conducted. Developer has made all filings and is in good standing in the jurisdiction of the State of California.
(b) Authority. Developer has all requisite power and authority to enter into and perform this Agreement.
(c) No Limitation on Ability to Perform. Neither Developer’s articles of incorporation nor any other organizational document regarding Developer in any way prohibits, limits or otherwise affects the right or power of Developer to enter into or perform this Agreement.

Developer is not a party to or bound by any contract, agreement, indenture, trust agreement, note, obligation or other instrument that could prohibit, limit or otherwise affect Developer’s entry into or performance of this Agreement. To the best of Developer’s knowledge, no consent, authorization or approval of, or other action by, and no notice to or filing with, any governmental authority, regulatory body or any other person or entity is required for the due execution, delivery or performance by Developer of this Agreement or any of the terms or covenants contained in this Agreement. There is no pending or threatened suit or proceeding or undischarged judgment affecting Developer before any court, governmental agency, or arbitrator that might materially adversely affect the enforceability of this Agreement, the ability of Developer to perform the transactions contemplated by this Agreement or the business, operations, assets or condition of Developer.
(d) Valid Execution. The execution and delivery of this Agreement by Developer has been duly and validly authorized by all necessary action of Developer and others.

This Agreement will be a legal, valid and binding obligation of Developer, enforceable against Developer in accordance with its terms.

18. Notices. A notice or communication under this Agreement by either Party to the other shall be sufficiently given or delivered, if in writing and personally delivered to the other Party or delivered to the other Party by messenger, overnight commercial business mail or if delivered by email and confirmed by the delivery of U.S. First Class Mail with return receipt requested to the appropriate Party at its address as follows:

In the case of a notice or communication to the City:

City of San Bernardino
290 North “D” Street
San Bernardino, CA 92401-1734
Attn: Robert Field
Email: [email protected]
With a copy to:

Best Best & Krieger, LLP
Attn: Thomas A. Rice, Esq.
2855 E. Guasti Road, Suite 400
Ontario, CA 91761
And in the case of a notice or communication sent to Developer:

The Richman Group of California
420 31st Street, Suite B1
Newport Beach, CA 92663

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12 Attention: Rick Westberg
Email: [email protected]
Any mailing address may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt or overnight delivery by a nationally recognized service actually occurs or, if such notice is given by email and confirmed by U.S. First Class Mail, on the date when the confirming mailed notice is deposited by the Party giving such email notice into U.S. First Class Mail.

19. General Provisions.
(a) Amendments. This Agreement may be amended or modified only by a written instrument signed by both City and Developer.
(b) Severability. If any provision of this Agreement, or its application to any person or circumstance, is held invalid by any court, the invalidity or inapplicability of such provision shall not affect any other provision of this Agreement or the application of such provision to any other person or circumstance, and the remaining portions of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so modified by and in response to such invalidation would be unreasonable or grossly inequitable under all of the circumstances or would frustrate the fundamental purposes of this Agreement. Without limiting the foregoing, in the event that any applicable federal or state law prevents or precludes compliance with any material term of this Agreement, the Parties shall promptly modify, amend or suspend this Agreement, or any portion of this Agreement, to the extent necessary to comply with such provisions in a manner which preserves to the greatest extent possible the benefits to each of the Parties to this Agreement. However, if such amendment, modification or suspension would deprive the Developer or the City of the substantial benefits derived from this Agreement or make performance unreasonably difficult or expensive, then the affected Party may terminate this Agreement upon fifteen (15) days written notice to the other Party. In the event of such termination, neither Party shall have any further right or obligation under this Agreement except as otherwise provided herein.
(c) Non-Waiver. No waiver made by either Party with respect to the performance, or manner or time of performance, or any obligation of the other Party or any condition to its own obligation under this Agreement will be considered a waiver with respect to the particular obligation of the other Party or condition to its own obligation beyond those expressly waived, to the extent of such waiver, or a waiver in any respect in regard to any other rights of the Party making the waiver or any other obligations of the other Party. (d) Non-Liability. No member, official, agent or employee of the City will be personally liable to Developer, or any successor in interest (if and to the extent permitted under this Agreement), in an Event of Default by the City. No director, officer, agent or employee of Developer will be personally liable to the City in an Event of Default by Developer. (e) Successors and Assigns; Third Party Beneficiary. This Agreement shall inure to the benefit of and bind the respective successors and assigns of the City and the Developer, subject to the limitations on assignment by Developer set forth in Section 14. This Agreement is for the exclusive benefit of the Parties to this Agreement and not for the benefit of any other person and shall not be deemed to have conferred any rights, express or implied, upon

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13 any other person except as the indemnity obligation of the Developer to the Indemnified Parties as set forth in Section 12.
(f) Governing Law. The City and Developer acknowledge and agree that this Agreement was negotiated, entered into and is to be fully performed in the City of San Bernardino, California. The City and the Developer agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the substantive and procedural laws of the State of California, without application of conflicts or choice of laws principles. (g) Entire Agreement. This Agreement (including the attachments and exhibits) contains all of the representations of and the entire agreement between the Parties with respect to the subject matter of this Agreement. Any prior correspondence, memoranda, agreements, warranties or representations relating to such subject matter are superseded in total by this Agreement. No prior drafts of this Agreement or changes from those drafts to the signed version of this Agreement shall be introduced as evidence in any litigation or other dispute resolution proceeding by either Party or any other person and no court or other body shall consider those drafts in interpreting this Agreement.
(h) Time of the Essence. Time is of the essence with respect to each provision of this Agreement.
(i) Counterparts. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
(j) Approvals and Consents. (a) Excluding amendments to this Agreement which shall require the separate approval of the governing bodies of each Party, unless this Agreement otherwise expressly provides or unless applicable law requires otherwise, all approvals, consents or determinations to be made by or on behalf of the City during the Negotiation Period under this Agreement shall be made by the City Manager, Robert Field ([email protected]) or his designee. The City Manager may refer such requested consent or determination to the City Council for approval by the City of any matters he deems appropriate.

In the case of the Developer, all approvals, consents or determinations to be made by or on behalf of the Developer during the Negotiation Period shall be made by Rick Westberg, ([email protected]) (“Developer Representative”) or such other employee or agent of Developer as Developer may designate by written notice to the City to act as Developer Representative for a particular matter. Unless otherwise provided in this Agreement, whenever approval, consent or satisfaction is required of a Party pursuant to this Agreement, it shall not be unreasonably withheld, conditioned or delayed and any reasons for disapproval shall be stated in reasonable detail in writing. Such approval by Developer or City of any act or request by the other shall not be deemed to waive or render unnecessary approval of any similar or subsequent acts or requests.
(k) Relationship of the Parties. No real estate broker commission or other real property finder’s fee shall be payable by either Party to any person in connection with the approval of this Agreement by the City. Each Party shall have a duty to indemnity defend and hold the other Party harmless from any claim.
(l) The subject of this Agreement is a matter which is solely between Developer and the City as it relates to the Property. No other person or entity is a party to this Agreement. None of the provisions in this Agreement shall be deemed to render City a partner in Developer’s business, or joint venturer or member in any joint enterprise with Developer.

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14 (m) Survival of Indemnity Obligations. Notwithstanding anything to the contrary in this Agreement, each indemnity obligation under this Agreement shall survive expiration or termination of this Agreement.
(n) Non-Discrimination. Developer covenants by and for itself and its successors or assigns, and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the following conditions:

19.n.1 There shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (l) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property; and (2) Developer for itself and any Permitted Assignee shall not establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, subtenants, sublessees, or vendees in the Property.
[remainder of page intentionally left blank]

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15 Signature Page
TO

EXCLUSIVE NEGOTIATING AGREEMENT
IN WITNESS WHEREOF, Developer and the City have signed and entered into this Agreement by and through the signatures of their respective authorized representative(s), as follow:

CITY

CITY OF SAN BERNARDINO,
a California charter city and municipal corporation
By: ____________________________
City Manager
Date: ____________________________
Attest:

By: ____________________________
City Clerk
Approved as to form:

By: ____________________________
City Attorney

DEVELOPER
The Richman Group of California Development
Company, LLC,
a California limited liability company
By: ____________________________
Its: Executive Vice President
Date:

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\34358944.4
16 EXHIBIT “A”
TO

EXCLUSIVE NEGOTIATING AGREEMENT
Legal Description of the Property
[Attached behind this cover page]

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\34358944.4
17 LEGAL DESCRIPTION

THE PROPERTY

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18 EXHIBIT “B”
TO

EXCLUSIVE NEGOTIATING AGREEMENT

DEVELOPER PROPOSAL
[Attached behind this cover page]

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\34358944.4
19 EXHIBIT “C”
TO

EXCLUSIVE NEGOTIATING AGREEMENT
Schedule of Performance
[Attached behind this cover page]

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20 Schedule of Performance
Within 150 Days of Effective Date of ENA as such time may be extended by the Parties Title Report. City to provide preliminary title report on property; Developer to commence due diligence on Property.

Preliminary Development Concept Package. Developer shall submit to the City a “Preliminary Development Concept Package,” consisting of the following:
a) a preliminary development proposal generally describing the Project for the site subject (approx. 4 acres) to City review and approval.
b) an initial estimate of development costs, including construction and non-construction costs, such as the proposed purchase price for land;
c) a preliminary description of the proposed method of financing; d) a proposed construction and operating pro forma which identifies all sources and uses of funds; e) submittal of preliminary design(s) (including a scaled site plan indicating building and parking layout) for the purpose of demonstrating compliance with the design requirements of the City and to assist the City in conducting a review under the California Environmental Quality Act (“CEQA”); and
f) evidence reasonably acceptable to the City that the Developer has the significant financial resources necessary for development.

Preliminary Agency Evaluation. Within thirty (30) days of the date of receipt of the Preliminary Development Concept Package, the City will provide its evaluation (“Preliminary City Evaluation”) to the Developer of the Preliminary Development Concept Package. Such evaluation will include:
a) The City’s evaluation of items addressed in the Preliminary Development Concept Package. The Preliminary City Evaluation shall indicate City’s preliminary determinations as to the appropriate level of review under CEQA and local planning approvals (e.g., DPA, CUP, TPM, TTM, MOD, etc).
b) The City will identify the amount of local City funding sources for infrastructure and affordable housing development
Draft Project Agreements. The City will provide the Developer with 1st drafts of the applicable documents that may include: predevelopment funding agreement, project funding commitment, and purchase and sale agreement.

Within 300 Days of Effective Date of ENA as such time may be extended by the Parties Finalize Project Agreements. Within one hundred and fifty (150) days of receipt of the 1st draft of the Project Agreements, Developer and City will conclude negotiations on final forms. It is expected that this negotiation will require multiple rounds of review and comment by Developer and City, and will also be dependent on identifying and pursuing other funding sources outside of the City.

Outreach. During the finalization of the DDA, in coordination with City staff and the City, the Developer will perform necessary community outreach to garner support for the development and the Project Agreements.

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21 Procurement of Other Funding Sources. Developer will work with the City and other affordable housing agencies at the County, State and Federal levels, with industry advocates, to identify, plan for, apply for and secure other funding sources.

Within 365 Days of Effective Date of ENA as such time may be extended by the Parties Impact of and timing of Disparate Funding Sources. The above timing commitments and subsequent Project Agreements will be impacted by the identification, pursuit and attainment of funding for the agreed upon affordable housing component of the development. The remainder of the ENA period (365 days of effective date of ENA plus any mutually agreed upon extensions, if any) allows further time for the City and Developer to gain these commitments to ensure a feasible execution. Note, most commitments for additional subsidy are predicated on project entitlements.

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Garden Style Apartments
Mediterranean Architecture
Santa Barbara Style Architecture

PRELIMINARY CONSIDERATIONS NEW HOUSING DEVELOPMENT
Types of Housing & Architectural Styles
Clubhouse
Cottages
Craftsman Architecture Townhomes

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 1, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Investment Portfolio Report for March 2022 (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for March 2022.

Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy.

Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended March 31, 2022.

The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements.
2021-2025 Key Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.

Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment report.

Conclusion
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 2022. 13 Packet Pg. 861
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Attachments
Attachment 1 Investment Portfolio Management Summary Report March 2022.

Ward: All
Synopsis of Previous Council Actions: N/A
13 Packet Pg. 862

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13.a
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13.a
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 1, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for May 2022.

Background
Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers.

The detailed warrant registers are available on the City Website, and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp> Discussion
Gross Payroll
Bi-Weekly for May 12, 2022 $2,521,437.28
Monthly for May 15, 2022 $11,666.69
Total Payroll Demands: $2,533,103.97
The following check registers are being presented for approval:

May 5, 2022 2021/22 (Register #43) $731,116.92
May 12, 2022 2021/22 (Register #44) $1,530,153.13
Total commercial check demands: $2,261,270.05
2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions.

Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact 14 Packet Pg. 873
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Page 2 ends

is required.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for May 2022.

Attachments
Attachment 1 Payroll Summary Report for May 2022
Attachment 2 Commercial checks & Payroll Register #43
Attachment 3 Commercial checks & Payroll Register #44
Ward: All
14 Packet Pg. 874

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Packet Pg. 876 Attachment: FN. Attachment 1 - Payroll Summary Report May 2022 (8983 : Approval of Commercial and Payroll Disbursements (All Wards))

14.b
Packet Pg. 877 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #43 (8983 : Approval of

14.b
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14.b
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14.b
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14.b
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14.b
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14.b
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14.c
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 1, 2022
To: Honorable Mayor and City Council Members
From: Edward Erjavek, Library Director
Subject: Library Internet Service Agreement with Columbia Telecommunications Corporation (All Wards)
Recommendation
It is recommended the Mayor and City Council of the City of San Bernardino, California, authorize the Library Director to execute an agreement between San Bernardino Public Library (SBPL) and Columbia Telecommunications Corporation (CTC) for the provision, installation and maintenance of advanced network (data) services; and authorize the Director of Finance to approve a Fiscal Year 2022/23 purchase order in an amount not to exceed $64,000.

Background
In 2017, the San Bernardino Public Library (SBPL) signed a five-year agreement with Califa Group Inc. to join a consortium of public libraries in the state receiving internet service as a group with the intent of obtaining the most speed for the best price. On December 1, 2021, the Mayor and City Council adopted Resolution No. 2021-282 authorizing the Library Director to execute a first amendment to the agreement with Califa Group, Inc., extending Library internet services through December 31, 2023. The state-of-the-art service provides 1 Gigabit per second speed (Gbps) for each of the City's public libraries. There are approximately 156 public library jurisdictions in the state participating in the internet consortium.

Discussion
The Califa Group has been the billing agent for the California public library broadband consortium as it compiles charges from internet service providers. Spectrum is the City's current internet service provider. On July 1, 2022, Columbia Telecommunications Corporation (CTC) will take over from Califa Group Inc. as the new billing agent.

Despite the change in billing agent the terms of service and the annual cost will remain the same.
15 Packet Pg. 914
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2021-2025 Strategic Targets and Goals
This request aligns with Key Target No. 3: Improved Quality of Life. The agreement allows the department to provide cost-effective, state of the art internet service that is fundamental to library operations. These services include offering 62 PCs for free public access among the four city libraries and providing free Wi-Fi to assist individuals with job searches, homework or simply to keep in touch with others.

Fiscal Impact
The annual cost of approximately $64,000 remains the same with CTC. SBPL will be reimbursed 90% of the cost by the federal E-Rate program, which provides funding to public libraries for providing internet to the public, approximately 15 months after the end of Fiscal Year 2022/23.

Conclusion
It is recommended the Mayor and City Council of the City of San Bernardino, California, authorize the Library Director to execute an agreement between San Bernardino Public Library (SBPL) and Columbia Telecommunications Corporation (CTC) for the provision, installation and maintenance of advanced network (data) services; and authorize the Director of Finance to approve a Fiscal Year 2022/23 purchase order in an amount not to exceed $64,000.

Attachments
Attachment 1 Agreement with Columbia Telecommunications Corporation (CTC) Attachment 2 Agreement from 2017 with Califa
Attachment 3 First Amendment with Califa
Attachment 4 Resolution No. 2021-282
Ward: All
December 1, 2021 Mayor and City Council adopted Resolution No. 2021-282 authorizing the Library Director to execute a first amendment to the agreement with Califa Group, Inc. extending Library internet services through December 31, 2023.

May 4, 2022 Mayor and City Council authorized the Director of Finance to increase a purchase order with Califa Group Inc. by $16,000 to an amount not to exceed $52,000 for Fiscal Year 2021/22.
15 Packet Pg. 915
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Master Agreement Page 1 of 7

AGREEMENT BETWEEN SAN BERNARDINO PUBLIC LIBRARY AND

COLUMBIA TELECOMMUNICATIONS CORPORATION

FOR THE PROVISION, INSTALLATION AND MAINTENANCE OF

ADVANCED NETWORK (DATA) SERVICES
This Agreement, hereinafter referred to as “Agreement”, is entered into as of June 1, 2022 by and between Columbia Telecommunications Corporation d/b/a CTC Technology and Energy, hereinafter referred to as “CTC” and San Bernardino Public Library, hereinafter referred to as “Library”. CTC and Library are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties”. All written communications between the parties shall be addressed as follows unless and until amended in writing by the respective party.

San Bernardino Public Library
Ed Erjavek
Library Director
555 W. Sixth Street
San Bernardino, CA 92410
CTC Technology and Energy
Heather D. Mills
Vice President, Grant & Funding Strategies
10613 Concord Street
Kensington, MD 20895
[email protected]

WITNESS THAT
WHEREAS, CTC, is the Statewide Broadband Access Administrator for the California State Library Broadband Services Project (“Project”); and
WHEREAS, CTC, on behalf of the California State Library, has contracted with the Corporation for Education Network Initiatives in California (“CENIC”) and its subsidiaries to provide high speed networking to libraries in California; and
WHEREAS, Library desires to enter into an agreement with CTC to obtain one or more data circuits to connect Library to the CENIC high speed broadband fiber network, CalREN, and, if specified in Appendix #1, attached, to connect Library to other library sites as identified in said Appendix for the purpose of connecting to CalREN.

NOW THEREFORE, Library and CTC enter into this Agreement:

1. Purpose
It is the purpose of this Agreement to set forth the terms and conditions applicable to the provision of communications and related network services to Library under the Project.

2. Services to be Provided
Parties understand that the primary communications infrastructure provided by CENIC is the California Research and Education Network ("CalREN"). Services that CENIC will provide to Libraries will include use of CalREN and contracting for and provision of data circuits supplied by network service providers.

15.a
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Master Agreement Page 2 of 7
CTC, on behalf of Library, will contract with CENIC for such data circuits. Specific circuits and their costs are included in the Appendix #1 attached which may be amended from time to time by mutually signed Addenda (“Services”). CTC assures Library that CENIC or CTC will notify Library of installation requirements and necessary maintenance instructions. Neither CENIC nor CTC shall be responsible for operating or maintaining software, equipment or cabling that connects equipment or network services not provided by CENIC for the Services unless specifically agreed to in writing by CENIC.

Parties agree to provide notice to the other Party within 10 calendar days of a failure by CENIC or the network service provider to deliver Services, or otherwise comply with the terms as described in this Agreement, including Appendix #1 and subsequent Addenda. If noticed non-performance is not cured in a timely manner, Parties agree to meet within 10 days of said notice and discuss appropriate remedies including but not limited to cancellation of related services or service credits as specified in the underlying agreements between CENIC and its network service provider and CTC and CENIC.

Library is responsible for calculating and paying any early termination penalties that might apply due to cancellation of existing connections so that it may receive Services under this Agreement.

Library is responsible for completing, signing, and submitting any required Letter of Agency, or related documentation, to confirm its participation in and eligibility for the E-rate Consortia and to authorize CENIC, as the E-rate Consortia lead, to act on its behalf as described under the Letter of Agency for the purpose of securing E-rate discounts.

Library is further responsible for completing, signing, and submitting any responsible Letter of Authorization, or related documentation, to the California Public Utilities Commission to authorize CTC and CENIC to act on its behalf to submit an application and supporting documentation for the purpose of receiving discounts on eligible network services as part of the California Teleconnect Fund program.

If Library is currently receiving E-rate funding for its existing services, Library remains responsible for continuing to apply for that E-rate funding until all CENIC Services are turned up and existing E-rate supported services are canceled.

3. Term and Termination of this Agreement
(a) TERM OF THIS AGREEMENT. This Agreement shall be in effect from June 1, 2022 until the termination of all Services including the circuits ordered under this Agreement (as defined in Appendix #1: CENIC Circuit Quote and any subsequent Addenda under this Agreement), or unless otherwise terminated by a Party pursuant to the terms of this Agreement. Specific terms for the circuits provided pursuant to this Agreement shall depend on the specific date such circuit is “handed off” to Library pursuant to Appendix #1 or subsequent Addenda or as noticed in writing by CENIC to Library. (b) TERMINATION. Termination of this Agreement prior to the end date of any given circuit, as described in Appendix #1 or subsequent Addenda, shall result in Library paying any applicable circuit telecommunications carrier termination charges or similar early termination charges that CTC incurs under its agreement with CENIC resulting from early termination of the Service.

15.a
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Master Agreement Page 3 of 7
(c) Notwithstanding the above, upon a sixty (60) day written notice prior to the second and each following June 30 after a circuit is installed, Library may cancel a circuit without penalty if it verifies to CTC and CENIC that funding to pay for that circuit is not available and Library agrees that for at least 12 months after said notice it will not order or otherwise obtain a replacement circuit or substantially similar services in place of the cancelled circuit. (d) Library may terminate this Agreement with no penalty if non-recurring, one-time costs for all circuits included in Appendix #1 and any subsequent Addenda are materially increased by the telecommunications carrier from the amount shown in Appendix #1. (e) CTC may terminate this Agreement or assign its rights and responsibilities under this Agreement to a third party upon no less than sixty (60) day written notice to Library, in the event of termination or expiration of its duties and obligations under the Project and with written approval of the California State Library.

4. Payment
CTC bills quarterly in arrears. Payment for services shall be due within thirty (30) days of receipt of a CTC invoice reflecting provision of the services for which the invoice is sent; or as otherwise agreed to by Library and CTC. Except for non-recurring costs, if any, costs in Appendix #1 and any subsequent Addenda shall only begin upon installation of circuit(s). Library will put forth reasonable efforts to make payments within thirty (30) days after receipt of invoice. Library understands and agrees that CTC will only make payment to CENIC for services upon receipt of related payments from Library. If Library fails to make payments within thirty (30) days after receipt of invoice, it agrees to pay any reasonable late payment fees incurred by CTC under its agreement with CENIC.

Unless otherwise agreed to between the Parties, all circuit deployment fees, if any as set forth in Appendix #1 and subsequent Addenda are non-cancelable and nonrefundable. Upon termination of this Agreement, or any Services provided under this Agreement, any outstanding circuit deployment fees, outstanding recurring charges, non-recurring fees, applicable circuit termination charges, and applicable early termination penalties, shall become due and payable immediately upon termination.

5. Miscellaneous
(a) CONDITIONS OF USE. Library agrees to conform to the CENIC Appropriate Use Policy located at https://cenic.org/network/policies/acceptable-use-policy (revised September 13, 2004) and to any specific conditions of use imposed by network service providers or subcontractors providing communications services to CENIC as may be in force at the time such services are made available, including pursuant to an Addendum to this Agreement. If CENIC, subcontractors, or network service provider conditions of use are modified, Library will be notified and if Library believes it can no longer conform to their requirements, Library shall have one hundred eighty (180) days from the notice of the modification to terminate the affected Service(s) without penalty. Library must provide a 30-day written notice of its termination under this provision to CTC and CENIC. If Library does not elect to terminate the Service(s), Library must conform to the revised conditions of use. If Library fails to conform to the revised conditions of use, the Services may be subject to termination upon sixty (60) day notice to Library from CTC or CENIC.

15.a
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Master Agreement Page 4 of 7
(b) CONFLICTING CLAUSES. If any clause in this Master Agreement is in conflict with a clause in an Addendum to this Agreement, the language in the Addendum shall take precedence only for the service defined in that Addendum. (c) FORCE MAJEURE. Neither Party shall be responsible for performance of its obligations hereunder where prevented, delayed, or hindered by war, riots, embargoes, strikes involving third parties, acts of third party communications service providers, including any local access provider, or of their vendors, or suppliers unrelated to the services offered under this Agreement, acts of unrelated third parties, accidents, cable cuts by third parties not related to services provided under this Agreement, natural disasters, act(s) of God or any other event beyond the reasonable control of the Parties.
(d) GOVERNING LAW. The laws of the State of California shall govern this Agreement. (e) NON-LIBRARY USES: Library understands that this agreement covers only library use of CalREN and of circuits provided hereunder and Library agrees that no other uses will be made of the services provided herein.

6. Entire Agreement
This Agreement and any Addenda contemporaneously or subsequently executed by the parties constitute the entire Agreement between the parties regarding the subject matter of this Agreement and supersede all prior written or oral agreements with respect to such. This Agreement may not be modified orally, and no modification or amendment shall be binding unless in writing and signed by authorized representatives of both parties.

7. General Provisions

7.1 Nondiscrimination: During the performance of this Agreement, (a) CTC and its subcontractors shall not deny the Agreement’s benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex. (b) CTC shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

7.2 Severability: It is expressly agreed and understood by the Parties hereto that if any provision of this Agreement is held to be or invalid under any applicable statute or rule of law, it is deemed to that extent to be omitted. However, the balance of the Agreement shall remain in full force and effect.

7.3 Rights and Remedies: The rights and remedies of the Parties provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law.

7.4 Prior Agreements: Library agrees that any prior agreements entered into between any entity that previously served as the Broadband Administrator and the Library for the purpose of participating in the CENIC E-Rate Consortium or receiving services pursuant to that program has been terminated.

15.a
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Master Agreement Page 5 of 7

8. Indemnification. Library agrees to indemnify, defend and save harmless CTC, its, officers, agents and employees from any and all claims, losses, and liabilities accruing or resulting to CTC and any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Library in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Library, its officers, agents, or employees.

CTC agrees to indemnify , defend, and save harmless Library, its trustees, officers, agents and employees from any and all liabilities accruing or resulting to Library and any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by CTC in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of CTC, its officers, agents, or employees.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives.

For Library For Columbia Telecommunications Corporation Signature Signature
Joanne S. Hovis
Ed R. Erjavek Name
Library Director President
Title Title
Date Date
May 6, 2022

15.a
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Master Agreement Page 6 of 7
Appendix #1
Provision, Installation and Maintenance
Of Advanced Network (Data) Services:

Reimbursement of Circuit Costs
This Appendix lists the circuits contracted for by CENIC on behalf of CTC and the Library for connecting CENIC’s fiber optic backbone to Library and for library connections that are not direct connections to CENIC’s fiber optic backbone, e.g. direct connections between libraries (defined as “Services” in the Agreement). Library understands that CENIC will bill CTC, and CTC will bill Library, for the costs of circuits charged by network service providers, including any taxes and surcharges, and any one-time installation fees. Prior to approval of CENIC’s Erate Consortium Library Application, not all applicable E-rate and CTF discounts will be reflected on invoices. After the E-rate Application for any given year is approved, the network service provider will coordinate with CENIC to provide appropriate credits and such credits will be passed from CENIC to CTC and from CTC to the Library. Such credits are typically issued sometime during the fiscal year after the year in which the circuits are installed and Services are first provided. In subsequent years, credits continue to be issued in the fiscal year after the year for which Services have been provided. Library further understands that the exact discounted cost of circuits will not be known until after the E-rate Consortium Library Application is approved. The actual start date of the Service, and therefore of circuit costs, will be dependent on coordination among CENIC, the Library and the network service provider. Any one-time (Non-recurring or NRC) costs included below are typically invoiced by carriers prior to circuit installation and will be invoiced to Library upon receipt of invoice to CENIC from the network service provider.

15.a
Packet Pg. 921 Attachment: Attachment 1 Agreement with Columbia Telecommunications Corporation (CTC) (8951 : Library Internet Service Agreement with Library Year 3 Quote Summary
San Bernardino Public Library
Description
First Year On Going
1G to CalREN, 1G to branches Price Price
Service
Non-Recurring -$ - -
Discount (E-rate) $0.00
Monthly -$ 4,750.00 -
Discount (E-rate) -$4,275.00
Discount (CTF) -$237.50
Total: $2,850.00 $2,850.00

15.a
Packet Pg. 922 Attachment: Attachment 1 Agreement with Columbia Telecommunications Corporation (CTC) (8951 :

San Bernardino Public Library
5 year term
1G to CalREN, 1G to branches
Summary Totals Pre Discount Costs (not including Taxes & Surcharges) Estimated Net Costs, after discounts applied (not including Taxes & Surcharges)
NRC* Monthly NRC* Monthly
-$ - - -$ 4,750.00- -$ - - -$ 237.50-
Note 1: Design is for a circuit from Feldheym Central Library to a CalREN Hub site. Circuits from the Branch Libraries are to go to Feldheym Central Library 1G Circuit to CalREN
Connection to HUB Disc % Pre Discount Costs Estimated Net Costs, after discounts applied E-rate Discount for San Bernardino Public Library**: 0.9 CTF Discount***: 0.5
Connection to CalREN Hub at San Bernardino Public Library NRC* Monthly NRC* Monthly Link 1: 1G to CalREN Hub -$ - --$ 1,450.00- -$ - --$ 72.50- Taxes & Surcharges on links Varies
Library Equipment
San Bernardino Public Library is responsible to provide a router with at least one LAN interface. This router should support BGP and NAT. An upgraded Firewall appliance may also be needed to support the data streams. 1G circuits to branches

15.a
Packet Pg. 923 Attachment: Attachment 1 Agreement with Columbia Telecommunications Corporation (CTC) (8951 :

Itemized - Main to Branches Pre Discount Costs Estimated Net Costs, after discounts applied Circuits to San Bernardino Public Library NRC* Monthly NRC* Monthly Link2: Inghram Branch Library to Feldheym Central Library -$ - - -$ 1,100.00- -$ - --$ 55.00-
Link3: Rowe Branch Library to Feldheym Central Library -$ - - -$ 1,100.00- -$ - --$ 55.00-
Link4: Villasenor Branch Library to Feldheym Central Library -$ - - -$ 1,100.00- -$ - --$ 55.00-
Taxes & Surcharges on links Varies
Library Equipment
Main Library will need a router or switch with at least one LAN interface. This router should support BGP and NAT. An upgraded Firewall appliance may be necessary. Each branch will also need a router or switch with at least one LAN interface.

Note 2: These numbers do not include early termination fees that might be required from current provider(s), nor equipment the Library may need to purchase to support these circuits, nor Taxes & Surcharges on the circuits.

Definitions
*NRC - Non-Recurring Charges
**E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. Actual discount percentage will be identified by the E rate authorities at a later point. ***CTF discount: percent discount of amount after E rate discount is applied.

CTF discount is always 50%.

Note 3: E-rate and CTF discounts are dependent upon the continued funding of these programs. CENIC/Califa cannot guarantee the E-rate and CTF discounts, and these discounts are subject to change.

15.a
Packet Pg. 924 Attachment: Attachment 1 Agreement with Columbia Telecommunications Corporation (CTC) (8951 :

AGREEMENT BETWEEN SAN BERNARDINO PUBLIC LIBRARY ANI)
CALIFA
FOR THE PROVISION, INSTALI-ATION AND MATNTENAI\CE OF

ADVANCED NETWORT( (DATA) SERVTCES
This Agreement, hereinafter referred to as "Agreement", is entered into as of January 1,20L7 by and between Califa Group, a California public benefit corporation, hereinafter referred to as "Califa" and the San Bernardino Public Library, hereinafter refemed to as "Library". Califa and Library are sometimes referred to in this Agreement individually as "Party" and collectively asooParties". All written communications between the parties shall be addressed as follows unless and until amended in writing by the respective party.

San Bernardino Public Library Califa
Ed Erjavek Paula MacKinnon
Library Director Interim Director
555 W. Sixth Street ; 247L Flores Street
San Bernardino, CA 924t0 San Mateo, CA94403

WITNESS THAT
WHEREAS, Califa, on behalf of the California State Library, has contracted with CENIC to provide high speed networking to libraries in California; and WHEREAS, Library desires to contract with Califa to obtain one or more data circuits to connect Library to the CENIC high speed broadband fiber network, CalREN, and, if specified in appendix #1, attached, to connect Library to other library sites as identified in said appendix for the purpose of connecting to CalREN.

NOW THEREFORE, Library and Califa enter into this Agreement:

1. Relationship between the Parties
It is the purpose of this Agreement to set forth the terms and conditions applicable to the provision of communications and related network services to Library.

2. Services to be Provided
The primary communications infrastructure provided by CENIC is the California Research and Education Network ("CalREN"). Among the services that CENIC will provide to Libraries Master Agreement Page 1 of8

15.b
Packet Pg. 925 Attachment: Attachment 2 Agreement with Califa (2017) (8951 : Library Internet Service Agreement with Columbia Telecommunications

3. are use of CaIREN and contracting for and provision of data circuits supplied by network service providers.

Califa, on behalf of Library, will contract with CENIC for such data circuits. Specific circuits and their costs are included in the appendix attached. Califa will assure that CENIC notifies the Library of installation requirements and necessary maintenance instructions. Neither CENIC nor Califa shall be responsible for operating or maintaining software, equipment or cabling that connects equipment not provided by CENIC for the services unless specifically agreed to in writing by CENIC.

Term and Termination of this Agreement
(u) TERM OF THIS AGREEMENT. This Agreement shall be in effect from January 1,2017 through June30,2022.
(b) TERMINATION. Termination prior to the end date stated above shall result in Library having to pay any circuit telecommunications carrier termination charges resulting from early termination of the Service. Notwithstanding the above, upon a 60 day written notice prior to the second and each following June 30 after a circuit is installed, Library may cancel a circuit without penalty if funds are not appropriated for this Agreement and Library does not for at least 12 months after shid notice order or otherwise obtain a replacement circuic in place of the cancelled circuit.

G) Library may terminate this agreement if non-recurring, one-time costs for all circuits included in appendix L are increased by the telecommunications carrier from the amount shown in appendix L. See footnote for non-recurring charges in appendix L for more information.

Payment
Payment for services shall be due within thirty (30) days of receipt of a Califa invoice reflecting provision of the services for which the invoice is sent; or as otherwise agreed to by Library and Califa. Except for non-recurring costs, if any, costs in Appendix I shall only begin upon installation of circuit(s). Library will put forth reasonable efforts to make payments within thirty (30) days after receipt of invoice.

5. Miscellaneous
(a) CONDffIONS OF USE. Library agrees to conform to the CENIC Appropriate Use Policy located at http http://www.cenic.org/p=208U and to any specific conditions of use imposed by subcontractors providing communications services to CENIC as may be in force at the time such services are made available per an Addendum to this Agreement. ff such conditions of use are modified library will be notified and if Library believes it can no longer conform to their requirements, Library shall have one hundred eighty (180) days to terminate the affected service without penalty. If Library does not elect to terminate the service, Library must conform to the revised conditions of use or be subject to termination of the service by CENIC.

4. Master Agreement Page 2 of I

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6. 7.
(b) CONFLICTING CLAUSES. If any clause in this Master Agreement is in conflict with a clause in an Addendum to this Agreement, the language in the Addendum shall take precedence but only for the service defined in that Addendum. (c) FORCE MAIEURE. Neither party will be responsible for performance of its obligations hereunder where delayed or hindered by war, riots, embargoes, strikes involving third parties, acts of Local Access Providers or of its vendors, or suppliers, acts of unrelated third parties, accidents, cable cuts, act(s) of God or any other event beyond its reasonable control. (d) GOVERNING LAW. The laws of the State of California shall govern this Agreement. (e) NON LIBRARY USES: Library understands that this agreement covers only library use of CaIREN and of circuits provided hereunder and Library agrees that no other-uses will be made of the services provided herein.

Entire Agreement
This Agreement and any Addenda contemporaneously or subsequently executed by the parties constitute the entire Agreement between the parties regarding the subject matter of this Agreement and supersede all prior written or oral agreements with respect to such. This Agreement may not be modified orally, and no modification shall be binding unless in writing and signed by authorized General Provisions

7.L Nondiscrimination:
(u) During the performance of this Contract, Califa and its subcontractors shall not deny the Contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex. Califa shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

It is expressly agreed and understood by the parties hereto that if any provision of this Agreement is held to be or invalid under any applicable statute or rule of law, it is deemed to that extent to be omitted. However, the balance of the Agreement shall remain in full force and effect.

Rights and Remedies: The rights and remedies of Library provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law.

8. Indemnification. Library shall indemnify Califa, its trustees, officers, agents and employees harmless from and against any and all liability, loss, expenses (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or

7.2 7.3
Master Agreement Page 3 of 8

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Packet Pg. 927 Attachment: Attachment 2 Agreement with Califa (2017) (8951 : Library Internet Service Agreement with Columbia Telecommunications damages are caused by or result from the negligent or intentional acts or omissions of Library its officers, agents, or employees.

Califa shall indemnify Library, its trustees, officers, agents and employees harmless from and against any and all liability, loss, expenses (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Califa, its officers, agents, or employees.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives.

Paula MacKinnon
Name
Interim Director
Title
_
L.U.17
Date

APPROVED AS TO EORM
GARY D. SAENZ, CITY ATTORNEY
eV,
\ \
,\ /)t __-/
Name
Master Agreement Page 4 of 8

15.b
Packet Pg. 928 Attachment: Attachment 2 Agreement with Califa (2017) (8951 : Library Internet Service Agreement with Columbia Telecommunications Appendix #1
Provision, Installation and Maintenance
Of Advanced Network (Data) Services:

Reimbursement of Circuit Costs
This Appendix lists the circuits contracted for by CENIC on behalf of Califa and the Library for connecting CENIC's fiber optic backbone to Library and for library connections that are not direct connections to CENIC's fiber optic backbone, e.g. direct connections between libraries.

Library understands that CENIC will bill Califa, and Califa will bill Library, for actual costs of circuits charged by network service providers, including taxes and surcharges and without markup. Prior to approval of CENIC's Library consortium E-rate application by the FCC's Erate contractor, not all applicable E-rate and CTF discounts will be reflected on invoices. After the E-rate application for any given yeal is approved, the network service provider will coordinate with CENIC to provide appropriate credits and such credits will be passed from CENIC to Califa and from Califa to the Library. Such credits are typically issued sometime during the fiscal year after the year in which the circuits are installed and services are first provided. In subsequent years, credits continue to be issued in the fiscal year after the year for which services have been provided. Library further understands that the exact discounted cost of circuits will not be known until after the E-rate consortium application is approved. The actual start date of the service, and therefore of circuit costs, will be dependent on coordination among CENIC, the Library and the network service provider. Any one time (Non-recurring or NRC) costs included below are typically invoiced by cariers prior to circuit installation and will be invoiced to Library upon receipt of invoice to CENIC from carrier.

Master Agreement Page 5 of 8

15.b
Packet Pg. 929 Attachment: Attachment 2 Agreement with Califa (2017) (8951 : Library Internet Service Agreement with Columbia Telecommunications San Bernardino Public
Library
5 year term
1G to CalREN, 1G to branches
Summary Totals
Pre Discount Costs (not
including Taxes &
Surcharges)
Estimated Net Costs, after
discounts applied (not
including Taxes &
Surcharges)
NRC'I' Monthly NRC* Monthlv
.' s
4,750.00 .' s
237.50
Notel: Design is for a circuit
from Feldheym Central
Library to a CaIREN Hub site.

Circuits from the Branch
Libraries are to go to
Feldheym Central Library
1G Circuit to CaIREN
Connection to HUB Disc
%
Pre Discount Costs
Estimated Net Costs, after
discounts applied
E-rate Discount for San
Bernardino Public Librarv** : 0.9
CTF Discount***: 0.5
Connection to CaIREN Hub at
San Bernardino Public Librarv NRC* Monthly NRCX Monthly Link 1: 1G to CaIREN Hub :
s
1,450.00
S S

72.50 Master Agreement Page 6 of 8

15.b
Packet Pg. 930 Attachment: Attachment 2 Agreement with Califa (2017) (8951 : Library Internet Service Agreement with Columbia Telecommunications Taxes & Surcharees on links Vories
Library Equipment
San Bernardino Public Library is responsible to
provide a router with at least one LAN interface. This
router should support BGP and NAT. An upgraded
Firewall appliance may also be needed to support the
data streams.
1G circuits to branches
Itemized - Main to
Branches
Pre Discount Costs
Estimated Net Costs, after
discounts applied
Circuits to San Bernardino
Public Librarv NRCX Monthly NRCX Monthly
Link2: lnghram Branch Library
to Feldhevm Central Librarv :

S
1,100.00
S s

55.00 Link3: Rowe Branch Library to
Feldhevm Central Librarv
S S

1.100.00
S S

55.00 Link4: Villasenor Branch
Library to Feldheym Central
Librarv
S s
1,100.00
s S

55.00 Taxes & Surcharges on links Varies
Library Equipment
Main library will need a router or switch with at least one LAN interface. This router should support BGP
and NAT. An upgraded Firewall appliance may be
necessary. Each branch will also need a router or
switch with at least one LAN interface.

Note 1: These numbers do
not include early termination
fees that might be required
from current provider(s), nor
equipment the library may
need to purchase to support
these circuits, nor Taxes &
Master Agreement Page 7 of 8

15.b
Packet Pg. 931 Attachment: Attachment 2 Agreement with Califa (2017) (8951 : Library Internet Service Agreement with Columbia Telecommunications Surcharges on the circuits.

Definitions
"NRC - Non-Recurring
Charges
* * E-rate discount: percent
discount indicated is an
estimate based on data
available at the time the
quote was generated. Actual
discount percentage will be
identified by the E rate
authorities at a later point.
** *CTF d iscount: percent
discount of amount after E
rate discount is applied. CTF
discount is always 50%.

Note 2: E-rate and CTF
discounts are dependent
upon the continued funding
of these programs.

CENIC/Califa cannot
guarantee the E-rate and CTF
discounts, and these
discounts are subject to
chan
Master Agreement Page 8,of
8 15.b
Packet Pg. 932 Attachment: Attachment 2 Agreement with Califa (2017) (8951 : Library Internet Service Agreement with Columbia Telecommunications

15.c
Packet Pg. 933 Attachment: Attachment 3 First Amendment with Califa (8951 : Library Internet Service Agreement with Columbia Telecommunications

15.c
Packet Pg. 934 Attachment: Attachment 3 First Amendment with Califa (8951 : Library Internet Service Agreement with Columbia Telecommunications

15.d
Packet Pg. 935 Attachment: Attachment 4 Resolution No. 2021-282 (8951 : Library Internet Service Agreement with Columbia Telecommunications Corporation

15.d
Packet Pg. 936 Attachment: Attachment 4 Resolution No. 2021-282 (8951 : Library Internet Service Agreement with Columbia Telecommunications Corporation

15.d
Packet Pg. 937 Attachment: Attachment 4 Resolution No. 2021-282 (8951 : Library Internet Service Agreement with Columbia Telecommunications Corporation

Page 1 ends

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 1, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Lydie Gutfeld, Director Parks, Recreation and Community Service
Subject: Approve the Visual, Performing and Literary Art Grant (All Wards)
Recommendation
Adopt Resolution No. 2022-108 of the Mayor and City Council of the City of San Bernardino, California, for the allocation of $100,000 from the Cultural Development Impact Fund to provide opportunities for local artists groups, organizations, and individuals to enhance art services and programs throughout the City of San Bernardino.

Background
The Arts & Historical Preservation Commission Visual, Performing and Literary Arts Grant has awarded numerous organizations funding to provide enhanced services to the arts community in the City of San Bernardino for many years. Due to the COVID-19 pandemic, the issuance of grant funding was paused as services became extremely limited due to restrictions and COVID-19 guidelines.

At the February 2022 meeting, the Arts & Historical Preservation Commission was asked by City staff to review final edits to the 2022 Visual, Performing and Literary Arts Grant Application in addition to the mid-year review and audit of granted funds.

At the April 2022 meeting, the Arts & Historical Preservation Commission unanimously voted to recommend the Council approve the use of Cultural Development Impact Funds (CDIF) in the amount of $100,000 for the Visual, Performing and Literary Arts Grant to reengage the art community in San Bernardino.

The grant program has been a high priority request this year from both the Arts & Historical Preservation Commission and the Mayor and City Council. Staff have developed an effective marketing campaign to attract a qualified group of applicants in addition to a mid-year audit tracking form that will hold applicants accountable for their proposed arts services to the city. Both the application and audit form have been reviewed and approved by the Commission.

Discussion
16 Packet Pg. 938
8987

Page 2 ends

Staff have completed the final edits and recommendations made by the Commission for the grant application and the mid-year audit form. These documents will better serve the City and the Arts & Historical Preservation Commission in evaluating grantees throughout the fiscal year. The recommendation of the Commission, if approved, will result in applications being dispersed on July 1, 2022, and collected through August 5, 2022. Additionally, applicants will be asked to attend the August 15, 2022, Arts & Historical Preservation Commission meeting and present a 3-minute overview of their proposal. The final approved list of recommended grant fund recipients will be determined at the September 19, 2022, Commission meeting. The recommendations will then be sent to Council for final approval. Grantees would be required to complete a mid-year audit form that would enable staff to provide grant program updates at the February 2023 meeting. All grantees would be required to present an end of year report to the Arts & Historical Preservation Commission at the August 2023 Meeting. 2021-2025 Key Strategic Targets and Goals
The acceptance of the grant contribution and sponsorship aligns with Key Target No. 2:

Focused, Aligned Leadership and Unified Community by providing opportunities to an under served community to flourish through grant funded services; and Key Target No. 3: Improved Quality of Life whereby the community has access and introduction to the arts world within our City.

Fiscal Impact
The Grant will be fully funded by the Cultural Development Impact Fund in the amount of $100,000.

Conclusion
Adopt Resolution No. 2022-108 of the Mayor and City Council of the City of San Bernardino, California, approving the allocation of $100,000 from the Cultural Development Impact Fund to the Parks, Recreation and Community Services Department to provide opportunities for local artists groups, organizations, and individuals to enhance art services and programs throughout the City of San Bernardino.

Attachments
Attachment 1 Resolution 2022-108
Attachment 2 Revised Grant Application (2022/2023)
Attachment 3 VPL Arts Grant Mid-Year Reporting Form
Ward: All
Synopsis of Previous Council Action: N/A
16 Packet Pg. 939
Resolution No. 2022-108
Resolution 2022-108

Page 1 of 3 ends

RESOLUTION NO.2022-108

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE ALLOCATION OF $100,000 FROM THE

CULTURAL DEVELOPMENT IMPACT FUND TO THE

PARKS, RECREATION, AND COMMUNITY SERVICES

DEPARTMENT TO PROVIDE OPPORTUNITIES FOR

LOCAL ARTISTS GROUPS, ORGANIZATIONS, AND

INDIVIDUALS TO ENHANCE ARTS SERVICES AND

PROGRAMS THROUGHOUT THE CITY OF SAN

BERNARDINO
WHEREAS, the City collects Cultural Development Construction Fee pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and Cultures; and WHEREAS, the Mayor and City Council accepts the recommendation of the Arts and Historical Preservation Commission of the City of San Bernardino to approve the allocation of Cultural Development funds to support the Visual, Performing, and Literary Arts grant to reengage the art community in the City; and
WHEREAS, the Parks, Recreation and Community Services Department has completed the final edits to the grant application and the mid-year audit to assist the Arts and Historical Preservation Commission in evaluating grantees.

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

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

SECTION 2. The Mayor and City Council hereby authorize the Director of Finance to allocate $100,000 from the Community Development Impact Fund to the Parks, Recreation and Community Services Department (account 247-090-0053-5502) to fund the Visual, Performing, and Literary Arts Grant.

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

16.a
Packet Pg. 940 Attachment: Attachment 1 Resolution No. 2022-108 [Revision 2] (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) Resolution No. 2022-108
Resolution 2022-108

Page 2 of 3 ends

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

16.a
Packet Pg. 941 Attachment: Attachment 1 Resolution No. 2022-108 [Revision 2] (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) Resolution No. 2022-108
Resolution 2022-108

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-108, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

16.a
Packet Pg. 942 Attachment: Attachment 1 Resolution No. 2022-108 [Revision 2] (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) 1 APPLICATION GUIDELINES FOR FUNDING REQUESTS
(YEAR)

THE VISUAL, PERFORMING AND LITERARY ARTS
The City of San Bernardino Arts and Historical Preservation Commission grants will be made available to qualifying non-profit arts organizations for the enhancement and support of city-wide art and cultural programs of benefit and interest to a broad segment of our population.

Funding considerations for approved programs will be for a one-year period only. The maximum funding per organization will be $(TBD). Applicants who have received grant award funding within the past 12 months are disqualified and not eligible to apply for grant ward funding for the next program application period.

Qualifications include:

1. Non-profit status (501-c-3) organizations. No publicly funded organizations will be considered forgrant funding.
a. Applicants who partner with a local business for promotional or other collaborative purposes will receive higher ratings in the judging of grant applications.

2. Address of organization must be within city limits.

3. A majority of the Board of Directors are residents of, or employed in, the City of San Bernardino.

4. Grant funds are to be used for public performances, exhibits, classes and workshops held in the City of San Bernardino.

5. Grant recipient is not to receive more than 50% of budgeted projection.

Arts Grant requests must relate to one of the following categories to be eligible for funding consideration:

1. Music---Organizations offering training, exposure, opportunities and/or creative resources for vocal and instrumental experiences.

2. Dance---Organizations that teach and present dance performances.

3. Visual Art---Organizations whose programs involve the experience of creating and/or presentation ofvisual art.

4. Theater---Organizations whose programs involve the experience of involvement in theater, musical theater, mime and/or opera/theater works.

5. Literary Arts---Organizations which provide experiences in creative writing, either poetry or prose that culminates in a reading and/or display of the creation.

6. Film---Organizations which provide experiences in filmmaking (production, acting, direction, etc.)

16.b
Packet Pg. 943 Attachment: Attachment 2 Revised Grant Application (2022/2023) (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) 2 GENERAL INSTRUCTIONS
Applicants must follow the general instructions.

All materials must be typed so that they can be photocopied.

Use space provided for program description, need statement, intended results, future objectives andhistory/background.

All supplemental material should be on plain white letter-sized paper and must refer to corresponding application section number.

Nine sets of the completed application, along with all programs printed during the most recent fiscal year, must be submitted to the Arts and Historical Preservation Commission at the office of the Parks, Recreation and Community Services Department of the City no later than 4:00 P.M. on TBD.

Be sure to complete the checklist in order to make certain that you have included all required information. Keep this checklist for your personal records.

Submit all materials to the following address:

Arts and Historical Preservation Commission
Parks, Recreation and Community Services Department
City of San Bernardino
290 North “D” Street
San Bernardino, CA 92401
Omission of required information, without explanation, or failure to complete the forms in accordance with instructions may be cause for the applicant to receive a lower rating for funding consideration or be rejected.

The application should be assembled with all pages numbered chronologically and fastened by a single staple inthe upper left corner.

If applicants have questions about the application, they may submit them to Lesa Nichols at Nichols [email protected]
Interviews of the applicants will be scheduled. Applicants will be notified of the location and assigned a time for such.

16.b
Packet Pg. 944 Attachment: Attachment 2 Revised Grant Application (2022/2023) (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) 3 INSTRUCTIONS FOR COMPLETING THE APPLICATION
I. Applicant Organization---Organization name, address, telephone number, email, State of California identification or non-profit number.

II. Contact Person---Name, Title, address and telephone number of the person who may be contacted concerning questions about the program or application.

III. Program category under which support is requested. Please indicate the appropriate category. Refer to application guidelines for program category definitions.

IV. Period of Support requested---The span of time necessary to plan and implement the proposed program for which funding is requested, to begin no later than July 1, and to be completedbefore June 30.

V. Project Description /Need Description- Describe clearly and concisely how the requested funds will be spent. The first sentence of your program description should briefly summarize your entire program; more detail regarding the educational component (s) of the project should be provided in subsequent sentences. Where appropriate, include the names of key organization members, or personnel, and their role in the implementation of the program. The need statement should reflect the cultural need(s) of a target group, or groups, and include measurable support information to reflect the existence of this need. Note: 1) There is to be an educational component to any project application submitted. 2) Also explain your proposal for a local business partnership, if you have one.

VI. Estimated Number of Persons Expected to Benefit from This Program---The total number of classes, performances, or displays and the number of students, audience members or others who are expected to benefit directly.

A. Number of persons who will pay an admission charge
B. Number of persons who will receive free admission.

C. Number of classes or performances scheduled for the performing arts or length of display for visual arts.

VII. Intended Results-Explain in measurable evaluation terms the intended results or impact anticipated by your program funding request. If possible, please incorporate the requested data into a spreadsheet (See example). Identify the target group or groups you intend to benefit, setting a time frame for accomplishment and providing a realistic quantitative indicator of groups served, such as: senior citizens, number of performances, anticipated maximum audience. Sign-in forms of participants, audience members, etc. may be used to fulfill this requirement.

16.b
Packet Pg. 945 Attachment: Attachment 2 Revised Grant Application (2022/2023) (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) 4 Example for VII.

Target Group(s) Children, ages 5-12 Senior Citizens High School Students Time Frame 7/1/20-6/30/21 7/1/20-4/13/21 9/20/20-6/1/21 Number of
performances,
classes, exhibits, etc.
6 classes, 1 performance 6 classes, 1 performance 64 classes (4 days a week); 3 exhibits
Anticipated
maximum audience,
participants,
, etc.

Participants - 25
Audience - 100
600 30 Participants
300 audience
Questions? Submit to Lesa Nichols at Nichols [email protected] VIII. Project Budget- Using the form provided, list the expenses of the project for which you are applying, and give a brief description of each line item. Give the total amount requested from theArt and Historical Preservation commission for that line item. Total the expense and amount requested columns. See Example below:

List item expenses Brief description of each
line item
Total Budget
per line item for
this project
Total amount requested
from Arts & Historical
Preservation
Commission
(Not to exceed 50% of
budgeted projection)
Salary/Wages For personnel working
on this project
$2025 $0
Supplies/Materials Items needed to
adequately meet thegoals
of the project
$1500 $1500
Equipment Needed to meet goals of
the project
$2500 $2000
Travel For project leaders who
travel from one project site
to another, or participant
travel as part of the
project
$ 75 $ 75
Rentals or Leases Payment for use of location
for classes, performances,
exhibits
$1200 $ 500
Fees and Other, License/Royalty toperform
play
$ 250 $ 250

TOTALS OF

EXPENSES,AND
AMOUNT

REQUESTED
$7550 $4325

16.b
Packet Pg. 946 Attachment: Attachment 2 Revised Grant Application (2022/2023) (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) 5 IX. Income of the organization-- List grant awards received by the organization in the past 12 months, if any. Do not include pending requests. List other income for this project such as ticket sales, other sales, contributions, fundraisers, etc. See example:

Name of Funding Source Amount committed to this project Community Foundation (Grant for another project) $0
Ticket Sales $1025
Contributions $1700
Fundraisers $3225
TOTAL AMOUNT $5950
X. Future Objectives - Explain your plans and goals for additional supplemental funding (i.e., sponsorships, donors, fund raising events). Be as complete and accurate as possible. Explain supplemental fundraising plans and what your plans are if funding from the Art and Historical Preservation Commission is not received.

XI. Brief History/ Background of Organization-Explain history of your organization in the City of SanBernardino. Be as detailed as possible. Include fund level history and background for supplemental funding, as well as community support and subscriber and ticket sales levels.

XII. Include your organization's financial report for the past fiscal year, stating whether it has beenaudited or not.

16.b
Packet Pg. 947 Attachment: Attachment 2 Revised Grant Application (2022/2023) (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) 6 VISUAL, PERFORMING AND LITERARY ARTS ----GRANT APPLICATION FORM
City of San Bernardino---Art and Historical Preservation Commission I. Applicant Organization
Name of Organization:

Physical Address:

Mailing Address:

Telephone No.:

Non-profit I.D. No:

Website Address:

Number of years in existence:

II. Contact Person:

Title:

Telephone#:

E-mail Address:

Ill. Program Category under which support is requested. Please indicate the appropriate category. Refer to application guidelines for program category definition.

IV. Period of Support Requested - The span of time necessary to plan and implement the proposed program for which funding is requested, to begin no earlier than July 1, 2020 and to be completed before June 30, 2021.

From (starting): Through (ending)
Amount of Grant Requested:

Total Organizational Budget for current fiscal year:

Percent of total Organization Budget Requested: (not to exceed 50%)

16.b
Packet Pg. 948 Attachment: Attachment 2 Revised Grant Application (2022/2023) (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) 7 V. Project Description/Need Statement (include plan for collaboration with a local business if you have one)

16.b
Packet Pg. 949 Attachment: Attachment 2 Revised Grant Application (2022/2023) (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) 8 VI. Realistic number of persons expected to benefit from the program. The total number of classes, performances or displays and the number of students, audience members or others who are expectedto benefit directly.
a) Number of persons paid by attendance
b) Number of persons admitted by no fee
c) Number of classes and/or performances scheduled for the performing arts or length ofdisplay/exhibit for the visual arts
d) Total attending classes/performances/displays/exhibits VII. Intended Results: Explain in measurable evaluation terms the intended results or the impact anticipated by your program funding request. If possible, please incorporate the requested data into a spreadsheet (See example). Identify the target group or groups you intend to benefit, setting a time frame for accomplishment and providing a realistic quantitative indicator of groups served, such as: senior citizens, number of performances, anticipated maximum audience. (See example) Sign-in forms of participants, audience members, etc. may be used to fulfill this requirement.

Target Groups
Time Frame
Number of performances /
classes / exhibits
Anticipated maximum
audience, participants, etc.

16.b
Packet Pg. 950 Attachment: Attachment 2 Revised Grant Application (2022/2023) (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) 9 VIII. Project Budget: Using the form provided, list the expenses of the project for which you are applying, and give a brief description of each line item. Give the total amount that the project will cost per line item. Give the amount requested from the Arts and Historical Preservation Commission for that line item. Total the expense and amount requested columns.

Line Item Expenses Brief Description of
eachline item
Total budget per line
item for this project
Total amount
requestedfrom Arts &
Historical Preservation
Commission
(Not to exceed 50% of
budgeted projection)
$ $
$ $
$ $
$ $
$ $
$ $

TOTAL EXPENSES

ANDAMOUNT

REQUESTED
$ $
What are other sources of funding for this project? Grants, Contributions, Revenue (such as ticket sales, etc.)
Name of funding source Amount committed to this project TOTAL of funding sources

16.b
Packet Pg. 951 Attachment: Attachment 2 Revised Grant Application (2022/2023) (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) 10 IX. Future Objectives
X. Provide a brief history/background of your organization and what you have done before in this category of the arts.

16.b
Packet Pg. 952 Attachment: Attachment 2 Revised Grant Application (2022/2023) (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) 11 XI. Attach a copy of your last fiscal year financial report, audited or un-audited. Failure to submit thiswill result in rejection of your application.

XII. Attach a list of your Board of Directors and Officers with either residential or business addresses.

CERTIFICATION:

Project Officer: Title:

Telephone #: Cell Phone#: Date
E-mail Address:

16.b
Packet Pg. 953 Attachment: Attachment 2 Revised Grant Application (2022/2023) (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) 12 CHECKLIST
Use this form to make sure you have properly completed your application and keep for your personal records.Applications not properly prepared may receive a lower ranking or be rejected without consideration for funding. Review this before submitting your application.

1. Is the application typed?

2. Are all the pages in proper order and numbered?

3. Does supplemental material refer to appropriate section number?

4. Are all questions answered?

5. Does the need statement really present a valid, easily understood idea?

6. Is there a target group identified in the need statement?

7. Does the need statement represent a local need?

8. Do your intended results explain activities you plan to do in order to meet the needs you haveidentified?

9. Did you explain and specify in measurable terms your intended results for the target group?

10. Did you respond to the application instructions element by element?

11. Have you included the most recent financial report?

12. Are your calculations correct?

13. Is the document signed by the Director or Board President or authorized signature?

14. Is the application being submitted to the Art and Historical Preservation Commission?

15. In reviewing the application from beginning to end, is there continuity of thought and readability?

16. Are you filing the application within the appropriate time frame?

17. Have you included a plan for partnership with a local business?

16.b
Packet Pg. 954 Attachment: Attachment 2 Revised Grant Application (2022/2023) (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) 13 TIMELINE FOR ARTS GRANTS
Notification of applications available TBA
City's website
Newspapers
Mailing lists (non-profits), etc.

Applications returned to city TBA
Commissioners pick up packets TBA
Interview of applicants TBA
Arts & Historical Preservations Commission Meeting for Recommendations TBA Recommendations to City Council TBA
Tentative Notification to grantees TBA
Checks issued to recipients TBA

REVIEW & FUNDING PROCESS
The Arts and Historical Preservation Commission reviews all applications and conducts public meetings to receive input from applicants and the public as needed. Funding is competitive and based on application quality and relevance to City goals.

NOTE: Programs submitted for Grant Funding must differ from programs approved for Community Development Block Grant funding (CDBG). Applicants will be notified of applicable meeting dates relevant to their grant application.

RETURN OF FUNDS
Agencies are required to return any unexpended funds at the end of the one-year grant period. City monies shall be used only for the purpose duly authorized by the Arts and Historical Preservation Commission and in accordance with the budget information submitted by the agency

16.b
Packet Pg. 955 Attachment: Attachment 2 Revised Grant Application (2022/2023) (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) City of San Bernardino
Arts and Historical Preservation Commission
Parks, Recreation & Community Services Department
Visual and Performing Arts Grant
Dear Award Recipient,
Your organization received a grant from the City of San Bernardino to be utilized for project(s) during the period of (date to be listed). In order to monitor the effectiveness of the grant award process in the city, it is required that you complete this form with detailed information about your project(s). Please comment on programs, services, and events that have been completed in the first half of your award year.

SEMI-ANNUAL PERFORMANCE REPORT- (add year)
Name of Organization: ______________________________Phone: _______________________ Mailing Address: _____________________________________________Zip: _______________ Report Preparer: __________________________________
Title: ______________________________
Contact Number: __________________________________
Email: ______________________________
Specify Report Period: 6-month Report, (first half of year) 6-month Report, (2nd half of year) (Due: TBD)) (Due: TBD)
Funds Approved: $________
Funds expended per report period: $________
Funds remaining: $________

PERFORMANCE INFORMATION

1. Describe how grant funds have been used this report period. _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

2. List dates of activities/services/trainings and method of service delivery i.e. (virtual, on-site or both)

16.c
Packet Pg. 956 Attachment: Attachment 3 VPL Arts Grant Mid Year Reporting Form (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) City of San Bernardino
Arts and Historical Preservation Commission
Parks, Recreation & Community Services Department
Visual and Performing Arts Grant
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ (Note: attach activity fliers/advertisement/agendas, as relevant to funded activities)

3. Total Number of Individuals Served: ________
Number of City Residents Served: ___________

4. City In-kind services received/utilized, if any:
_____________________________________________________________________________________ _____________________________________________________________________________________

5. City- Agency Partnerships Implemented, if any:
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

6. List the goals that were achieved by your project during this report period:
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

7. Using the budget worksheet below, note expenses charged to the grant program this report period.

Direct Costs: (Project Specific Costs) AMOUNT
Salaries & Benefits $____________________________________________ Supplies $____________________________________________
Printing $____________________________________________
Professional Services $____________________________________________

16.c
Packet Pg. 957 Attachment: Attachment 3 VPL Arts Grant Mid Year Reporting Form (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards)) City of San Bernardino
Arts and Historical Preservation Commission
Parks, Recreation & Community Services Department
Visual and Performing Arts Grant
Materials and Supplies $____________________________________________ Insurance/Permits $____________________________________________ Capital Purchases $____________________________________________ Other (Please Specify) $____________________________________________ Indirect Costs (applicable to grant program only, as noted in grant budget) Administration Costs $_________________
Facility Rents/ Maintenance $ _________________
Utilities- gas, electricity, telephone $_________________ Depreciation $_________________
Other: Specify: __________________ $ _________________
GRAND TOTAL EXPENSES $_________________

8. Authorizations:

I hereby certify the information contained in this report is true to the best of my knowledge and belief. I also hereby certify that our organization is in compliance with all state, federal, and local laws regarding licensing and employment practices.

Print Name of Report Preparer: ___________________________________________ Title: __________________________________
Preparer Signature:
____________________________________________________Date:____________________ Print name of President or Authorized Officer: ___________________________________ Title: ______________________________
President Signature: ______________________________________________________________ Date: ________________________
Please return by (DATE) to:

Arts and Historical Preservation Commission
Parks, Recreation and Community Services Department
209 North D St.

San Bernardino, CA 92401

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Packet Pg. 958 Attachment: Attachment 3 VPL Arts Grant Mid Year Reporting Form (8987 : Approve the Visual, Performing and Literary Art Grant (All Wards))

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 1, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Deputy Director of Public Works/ City Engineer Subject: Amendment No. 3 to Agreement with ERSC for State Street Extension (Ward 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute all documents in support of Amendment No. 3 to the Professional Engineering Services Agreement with Engineering Resources of Southern California (ERSC) for design services related to the State Street extension from Baseline Street to 16th Street.

Background
On December 5, 2018, the Mayor and City Council adopted Resolution No. 2018-310 approving an agreement with ERSC to provide Environmental Clearance under the California Environmental Quality Act (CEQA) and preparation of Plans, Specifications, and Estimates (PS&E) for State Street extension between Baseline Street and 16th Street in the amount of $204,533.

On December 4, 2019, the Mayor and City Council adopted Resolution 2019-347 approving the First Amendment to the Professional Services Agreement with ERSC to increase compensation by $24,681 for State Street extension.

On September 2, 2020, the Mayor and City Council adopted Resolution 2020-214 approving the Second Amendment to the Professional Services Agreement with ERSC to increase compensation by $6,048 for State Street extension.

Discussion
The Department of Water Resources (DWR) has an existing easement for 108” waterline along State street and an encroachment permit is required prior to any street construction. During the permitting process, DWR imposed a number of conditions such as additional potholing, surveying, hydrology, storm drain lateral locations, cover requirements, and clearance from an existing retaining wall that required additional studies and design changes. ERSC is providing requested studies and design revisions.

ERSC is requesting compensation for the additional design services in the amount of $31,248 for a total contract compensation amount of $266,510. 17 Packet Pg. 959
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Due to an oversight of staff, the agreement has since expired on December 31, 2020, ERSC continues to work on this project since the final design has been completed and construction support are further needed .

The City and ERSC now desire to amend the Master Agreement to increase the contract amount by $31,248 and extend the Agreement to December 31, 2024. 2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No.1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving infrastructure throughout the City.

Fiscal Impact
There is no General Fund impact associated with this action. Sufficient funds are available in the current Capital Improvement Plan (CIP) budget to absorb the contract amount.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute all documents in support of Amendment No. 3 to the Professional Engineering Services Agreement with Engineering Resources of Southern California (ERSC) for design services related to the State Street extension from Baseline Street to 16th Street.

Attachments
Attachment 1 Amendment No. 3 - ERSC
Attachment 2 Exhibit A - Scope of Services
Attachment 3 Location Map - State Street Extension
Attachment 4 Original Agreement
Attachment 5 Amendment No. 1 Signed
Attachment 6 Amendment No. 2 Signed
Ward: 6
Synopsis of Previous Council Actions:

June 20, 2018 Resolution No. 2018-189 adopted the City’s final budget document for Fiscal Year 2018/2019.

December 5, 2018 Resolution 2018-310 adopted agreement with ERSC to provide Environmental Clearance under the California Environmental Quality Act (CEQA) and preparation of Plans, Specifications, and Estimate (PS&E) for State Street Extension between Baseline Street and 16th Street.

December 4, 2019 Resolution 2019-347 adopted First Amendment to the Professional Services Agreement with ERSC.
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September 2, 2020 Resolution 2020-214 adopted Second Amendment to the Professional Services Agreement with ERSC.
17 Packet Pg. 961
AMENDMENT NO. 3 TO

THE AGREEMENT FOR PROFESSIONAL ENVIRONMENTAL AND

CIVIL ENGINEERING DESIGN SERVICES FOR THE

STATE STREET EXTENSION PROJECT WITH
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

This Amendment No. 3 to the Agreement for Professional Environmental and Civil Engineering Design Services is made and entered into as of June 1, 2022 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Engineering Resources of Southern California, Inc. (ERSC), a California company (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated, December 5, 2018, for the purpose of providing professional environmental and civil design services for the State Street Extension Project (the “Master Agreement”).

B. WHEREAS, the City and the Consultant have entered into an Amendment No. 1 to the Master Agreement, dated December 4, 2019, for the purpose of including additional funds for the performance of services under the Master Agreement.

C. WHEREAS, the City and the Consultant have entered into an Amendment No. 2, dated September 2, 2020, for the purpose of including additional funds for the performance of services under the Master Agreement.

D. WHEREAS, the agreement with ERSC has expired and needs to be extended to December 31, 2024, in order to complete the additional services required by the Department of Water Resources,
E. WHEREAS, the Parties now desire to amend the Master Agreement in order to alter the term provisions to provide compensation for additional design services and progress meetings.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 3 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Services. The Scope of Services for the Master Agreement is hereby amended to include services required to address comments provided by the California

17.a
Packet Pg. 962 Attachment: Attachment 1 - Amendment No. 3 - ERSC [Revision 2] (8742 : Amendment No. 3 to Agreement with ERSC for State Street Extension Department of Water Resources. The additional services are more fully described in Exhibit “A” – Scope of Services for ERSC.

3. Amendment to Section 6 - Term. Section 6 - Term of the Master Agreement shall be amended to read as follows:
“6. Term. This Agreement shall commence on the Effective Date and continue through December 31, 2024, unless the Agreement is earlier terminated as provided for herein (“Term”).”

4. Compensation. The total not to exceed compensation amount shall be increased by Thirty-One Thousand Two Hundred Forty-Eight Dollars ($31,248.00) increasing the total not to exceed compensation amount from Two Hundred Thirty-Five Thousand Two Hundred Sixty-Two Dollars ($235,262.00) to Two Hundred Sixty-Six Thousand Five Hundred Ten Dollars ($266,510.00).

5. Full Force. Except as amended by this Amendment No. 3, all provisions of the Master Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 3.

6. Electronic Transmission. A manually signed copy of this Amendment No. 3 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 3 for all purposes. This Amendment No. 3 may be signed using an electronic signature.

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

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Packet Pg. 963 Attachment: Attachment 1 - Amendment No. 3 - ERSC [Revision 2] (8742 : Amendment No. 3 to Agreement with ERSC for State Street Extension

SIGNATURE PAGE FOR
AMENDMENT NO. 3 TO THE PROFESSIONAL ENVIRONMENTAL AND

CIVIL ENGINEERING DESIGN SERVICES AGREEMENT

FOR THE STATE STREET EXTENSION PROJECT
WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field,
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

ENGINEERING RESOURCES OF
SOUTHERN CALIFORNIA, INC.

Signature
Name
Title

17.a
Packet Pg. 964 Attachment: Attachment 1 - Amendment No. 3 - ERSC [Revision 2] (8742 : Amendment No. 3 to Agreement with ERSC for State Street Extension Page | 1
REDLANDS | TEMECULA | PALM DESERT
1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
May 6, 2022
Alex Qishta, PE – Deputy Director of Public Works/City Engineer City of San Bernardino
Department of Public Works
201 N. E Street, 2nd Floor
San Bernardino, CA 92401
RE: Request for Additional Services for the State Street Extension from Baseline Street to 16th Street – DWR Clearance Requirements
Dear Mr. Qishta,
As you are aware, on April 2, 2021, ERSC submitted Final PS&E to the City. These documents were identified as “Not for Construction” due to outstanding permitting issues. One of those issues was obtaining Department of Water Resources (DWR) approval. In December of 2021, DWR reached out to the City to inquire if the State Street Extension Project was still moving forward as the permit in process was due to expire after the first of the year. The City indicated the project was still active and from that point forward, regular discussion followed with DRW.

On February 3, 2022, DWR hosted a virtual meeting with attendance from the City and ERSC.

Several items from DWR’s initial review of the State Street Extension plans were discussed but the most critical item that resulted from the meeting was the revised roadway profile over DWR’s 108-inch diameter waterline. DWR indicated they had minimum and maximum cover standards that would need to be adhered to in order to obtain a permit from them to build the State Street extension over their waterline.

On March 16, 2022, ERSC and City staff attended a virtual meeting with various staff from DWR.

The intent of the meeting was to review the current State Street Extension vertical alignment profile over the 108” DWR waterline and compare it to DWR supplied minimum and maximum vertical coverage requirements. ERSC staff had prepared an exhibit in plan and profile identifying the 108” waterline, existing designed road surface and the minimum and maximum cover required by DWR. Discussion resulted in the need to have the State Street Extension Plans redesigned to meet DWR requirements.

At the conclusion of the meeting ERSC agreed to continue working on the plans with available remaining funds from the original contract with the understanding that the City would agree to pay those fees while waiting on a revised scope and fee that would be forthcoming from ERSC for the additional work. The City agreed and an email from ERSC to the City memorialized this agreement on March 17, 2022.

Exhibit A

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Packet Pg. 965 Attachment: Attachment 2 - Exhibit A - Scope of Services (8742 : Amendment No. 3 to Agreement with ERSC for State Street Extension (Ward RE: Request for Additional Services for the State Street Extension from Baseline Street to 16th Street – DWR Clearance Requirements
May 6, 2022
Page | 2
1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
Please accept the following request for additional services due to the requirements of DWR’s cover over their 108” waterline. The fees are broken down per Task with a summary of what will be involved in each Task to bring the revised PS&E to 100% construction drawings.

Task 1.0 Project Management
Continued oversite of project through submittal of 100% PS&E to City for advertising to bid. This includes attendance at status meetings, reviewing and processing invoices of subconsultants (if applicable) and monthly invoices to the City, and preparing monthly progress reports.

Total Cost = $3,240.00.

Task 3.0 Preliminary Engineering
Utility letters were originally sent out beginning in early 2019. Updated letters will be sent out to all utility companies identifying the changes to the project. An update to the Hydraulic Evaluation & Drainage Study will be made. Drainage areas contributing to the catch basins will be revised if necessary due to the roadway elevations being modified, catch basin and lateral sizing will be confirmed due to road lowering and clearance requirements over DWR water line, 100-Yr – HGL Profile exhibit will be revised to reflect new profile of State Street.

Total Cost = $4,360.00.

Task 5.0 100% Plans, Specifications and Estimates
All plans within the existing set of drawings will be updated to reflect the changes to the profile.

Earthwork will be recalculated, new construction notes and details added as necessary, storm drain plan and profiles revised, catch basin profiles updated, and erosion control plans revised.

Specifications, construction costs and quantities will be updated. The SWPPP will need updating to incorporate the new plans, revisions to charts and tables, and updates of anticipated construction.

It is anticipated there will be no changes to the signing and striping plans, traffic signal and streetlight plans due to road elevation changes.

Total Cost = $23,648.00.

It should be noted that these costs include time already spent on plan revisions due to the DWR pipe cover requirements but have not been billed nor are part of another extra service request.

ERSC requests Additional Services in the Not to Exceed Amount = $31,248.00.

Exclusions - any work associated with the following:

Update of Environmental Clearances
Potholing of utilities
Additional Survey to confirm depth/location of SSMH around station 28+80 Army Corp of Engineers - Processing and permitting.

17.b
Packet Pg. 966 Attachment: Attachment 2 - Exhibit A - Scope of Services (8742 : Amendment No. 3 to Agreement with ERSC for State Street Extension (Ward RE: Request for Additional Services for the State Street Extension from Baseline Street to 16th Street – DWR Clearance Requirements
May 6, 2022
Page | 3
1861 W. Redlands Blvd., Redlands, CA 92373
T: (909) 890-1255 | F: (909) 890-0995 | erscinc.com
San Bernardino County Flood Control District - Surplus Property Procedure; Permitting for storm drain connections to SBCFCD facilities
Should you have any questions regarding the tasks and costs listed, you may contact Lori Askew at [email protected] or myself at [email protected] or at (909) 890-1255.

Respectfully submitted,
John M. Brudin, PE
President

17.b
Packet Pg. 967 Attachment: Attachment 2 - Exhibit A - Scope of Services (8742 : Amendment No. 3 to Agreement with ERSC for State Street Extension (Ward ATTACHMENT NO.
3 LOCATION MAP
State Street Extension
Phase 1

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 1, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Deputy Director of Public Works/ City Engineer Subject: Amendment No. 1 to the Professional Services Agreement with Spicer Consulting Group (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Spicer Consulting Group (SCG); and authorize the Director of Finance to increase the purchase order to an amount not-to-exceed $541,018 for asneeded consulting services related to Maintenance Assessment District Administration and the formation/annexation of Community Facilities Districts and Assessment Districts; and exercise the City’s first twelve (12) month extension option, extending the term of the Professional Services Agreement through June 30, 2023.

Background
The City of San Bernardino is currently responsible for administering and managing 63 active Maintenance Assessment Districts (MADs); 2 MADs have no improvements and are therefore, not yet maintained. Property owners included in each district financially contribute by way of special assessment. The assessments generated within a specific geographical benefit area may only be spent to support improvements within that specific district.

The City has transitioned to the implementation of Community Facilities Districts (CFDs), which allows for the financing of public improvements and services including, but not limited to, landscaping, lighting, streets, sewer systems and other basic infrastructure, police protection, graffiti removal, schools, parks and trails. CFDs have the ability to fund the much-needed ongoing maintenance demands that typically accompany a new development.

Discussion
The City of San Bernardino currently contracts with SCG for exclusive administrative support services for the 63 existing active MADs, as well as formation/annexations of new CFDs. Serving as a Project Manager, SCG prepares the schedule of events, procedural and financial considerations, conducts a needs assessment, and determines the eligibility of any limitation on the funding of the maintenance services specific to the general vs. special benefit. SCG works with City staff in the preparation and review of 18 Packet Pg. 1020
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annual maintenance district budgets, prepares the annual application for the tax rolls in a format acceptable to the Auditor/Controller’s Office, and prepares the Annual Engineer’s Reports pursuant to Government Code Section 61115 and the provisions of California Article XIIID (Proposition 218).

SCG possesses a tremendous amount of experience in administering these types of special financing districts for cities, providing the support for the much-needed revenues these districts provide for maintenance services. The City has experienced a significant increase in new annexation and Assessment District formation requests. Staff therefore is seeking an amendment to the existing total agreement amount of $316,018 and is requesting an increase of $225,000 resulting in a not-to-exceed amount of $541,018 to address this increased demand. In addition, given that the Professional Services Agreement is set to expire on June 30, 2022, Staff is requesting that the City exercise its first twelve (12) month extension option to the Professional Services Agreement. This will allow the Engineering Division to continue to use SCG for as-needed consulting services related to Maintenance Assessment District Administration and the formation/annexations of Community Facilities Districts and Assessment Districts. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. The contract amendment and extension will contribute to ensure that the City is clean and attractive while providing the infrastructure designed for long term economic growth.

Fiscal Impact
There is no fiscal impact to the City. Funding for consultant services is recovered in administrative costs included in district annexation/formation fees paid by developers, as well as the indirect costs assessed to each district during the FY 2022/23 levy process.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Spicer Consulting Group (SCG); and authorize the Director of Finance to increase the purchase order to an amount not-to-exceed $541,018 for asneeded consulting services related to Maintenance Assessment District Administration and the formation/annexation of Community Facilities Districts and Assessment Districts; and exercise the City’s first twelve (12) month extension option, extending the term of the Professional Services Agreement through June 30, 2023.

Attachments
Attachment 1 Amendment No. 1 to Professional Services Agreement Attachment 2 SCG Professional Services Agreement
Attachment 3 Resolution 2020-55
Ward: All
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Synopsis of Previous Council Actions:

November 14, 2018 The City of San Bernardino entered into a Consulting Services Agreement with Spicer Consulting Group to provide assistance with the administration, formation and
annexations of special financing districts throughout the City.

The original Agreement term was through July 1, 2019, and allowed for two (2) one-year extensions. The original
Agreement was authorized for a total contract amount not to exceed $49,500.

January 16, 2019 The Mayor and City Council adopted Resolution No. 2019-9, authorizing and directing the City Manager to execute the First Amendment to the Consultant Services Agreement with Spicer Consulting Group increasing the not-to-exceed
amount of the Agreement to $145,500. This amendment did not extend the term of the original Agreement.

April 1, 2020 The Mayor and City Council adopted Resolution No. 2020- 55, approving the award of a Professional Services
Agreement with Spicer Consulting Group for a three-year term retroactive to July 1, 2019, with total agreement amount not to exceed $316,018. The new expiration date of the
Professional Services Agreement is June 30, 2022.
18 Packet Pg. 1022
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

WITH SPICER CONSULTING GROUP
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of June 1, 2022 (“Effective Date”) by and between the City of San Bernardino (“City”) and Spicer Consulting Group (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and Consultant have entered into an agreement, dated July 1, 2019, for consulting services related to Maintenance Assessment District Administration and the formation/annexation of Community Facilities Districts and Assessment Districts (“First Agreement”).

B. WHEREAS, the Parties now desire to amend the First Agreement in order to exercise the City’s first twelve (12) month extension option, and to include additional funds for the continued performance of the services.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Amendment No. 1 and the First Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Term. Pursuant to Section 6 of the First Agreement, the City hereby exercises its first twelve (12) month extension option. Pursuant to this first extension option, the term of the First Agreement shall be extended for an additional twelve months through June 30, 2023, unless earlier terminated.

3. Compensation. The compensation for Services performed pursuant to this Amendment No. 1 shall not exceed Two Hundred Twenty Five Thousand Dollars ($225,000.00), thereby increasing the total not to exceed compensation of the First Agreement to the amount of Five Hundred Forty One Thousand Eighteen Dollars ($541,018.00).

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the First Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this

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Packet Pg. 1023 Attachment: Attachment 1 - Amendment No. 1 to Professional Services Agreement (8928 : Amendment No. 1 to the Professional Services Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field,
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

SPICER CONSULTING GROUP
Signature
Shane Spicer
Managing Director

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RESOLUTION NO. 2020-55

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE AWARD OF A PROFESSIONAL
SERVICES AGREEMENT (“AGREEMENT”) WITH

SPICER CONSULTING GROUP OF TEMECULA,

CALIFORNIA FOR A THREE YEAR TERM THROUGH
JUNE 30, 2023, AND IN A TOTAL AGREEMENT AMOUNT
NOT TO EXCEED $316,018; AUTHORIZING THE CITY

MANAGER TO EXECUTE ALL DOCUMENTS IN
SUPPORT OF THE AGREEMENT; AND AUTHORIZING

THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE
ORDER IN AN AMOUNT OF $96,000 FOR FISCAL YEAR
2019/20
WHEREAS, On November 14, 2018, the City entered into a Consulting Services Agreement ("Original Agreement") with Spicer Consulting Group (SCG) to provide assistance with the administration, formation and annexations of special financing districts throughout the City. and
WHEREAS, On January 16, 2019, the Mayor and City Council adopted Resolution 2019-9, authorizing the First Amendment to the Consulting Services Agreement ("First Amendment") to increase the not-to-exceed compensation amount of the Original Agreement but did not extend the term of the agreement; and
WHEREAS, The Original Agreement expired as of July 31, 2019, and SCG has continued to provide services on a month-to-month basis; and WHEREAS, The City wishes to continue its relationship with the Spicer Consulting Group (SCG) for special district consulting and administration services by entering into a threeyear Professional Services Agreement (Exhibit “A”) effective retroactively to July 1, 2019 in an amount not to exceed $316,018; and
WHERAS, San Bernardino Municipal Code section 3.04.010(B)2 allows the City to award a contract to a vendor based on another agency’s formal purchasing process; and WHEREAS, the City of San Bernardino will use the City of Chula Vista’s formal competitive bidding process and contract award to Spicer Consulting Group for Special District Consulting Services.

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

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

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Packet Pg. 1039 Attachment: Attachment 3 - Resolution 2020-55 (8928 : Amendment No. 1 to the Professional Services Agreement with Spicer Consulting Group Resolution No. 2020-55
SECTION 2. The City Manager is hereby authorized and directed to execute a Professional Services Agreement (“Agreement”) effective retroactively to July 1, 2019 and in an amount not-to-exceed $316,018 for a three-year term, attached hereto and incorporated as Exhibit “A”.

SECTION 3. The Director of Finance or his designee is hereby authorized and directed to issue a Purchase Order to Spicer Consulting Group in support of the Agreement.

SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2020.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______ 2020 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020.

Genoveva Rocha, CMC, Acting City Clerk

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Mayor and City CouncilJune 1, 2022

Mayor and City Council
June 1, 2022