Mayor and City Council
June 15, 2022

A. Each Contractor shall have a written Complaint Procedure posted in visible and accessible areas, such as the bulletin boards in multipurpose senior centers. For areas in which a substantial number of older individuals are non-English speaking, the notification shall also be posted in the primary language of a significant number of older individuals.

B. The Complaint Procedure will be available for the participants and will provide them the opportunity to provide positive as well as negative feedback to the Program Manager.

C. The Contractor shall have an assessment tool readily accessible for the seniors attending the congregate site or receiving a home-delivered meal.

V. Menu Planning Guidelines/Menu Requirements
A. Contractor is responsible for ensuring that all meals comply with the most recent Dietary Guidelines for Americans as mandated by the Older Americans Act Section 339(2)(A)(i).

B. A minimum of a four (4) week cycle shall be planned and submitted to the DAAS Registered Dietician.

C. Menu cycles shall include the availability of seasonal foods.

D. Health, cultural, ethnic, and regional dietary practices shall be considered in menu planning, food selection, and meal preparation.

The menu cycle shall be approved and signed by the Contractor’s Registered Dietitian and upon approval forwarded to the DAAS Registered Dietitian for certification. Menus shall be submitted to the DAAS Registered Dietitian forty-five (45) days prior to the beginning of the quarter containing the menu start date. Menu start dates are July, October, January and April. Allow thirty (30) days for the menu certification process.

Menus submitted in a timely manner will be returned to the Contractor at least fifteen (15) days prior to the menu start date. ENP Contractors are required to have menus certified prior to the menu start date.

E. A copy of the certified menu must be posted in a spot conspicuous to clients at each congregate site.

F. Copies of the menus shall be made available to the participants upon request.

1. When planning the menus, the current California Food Guide and the Dietary Guidelines for Americans (DGA) must be considered. The criteria below are based on the sources mentioned, such as the most current DRIs and the USDA Food Guide, as well as the most recent CDA Program Memo and other guidance published by the CDA. Menus shall conform to these criteria and any updates issued by CDA. Provide a minimum of 550 calories per meal.

2. Limit total fat to no more than 25-30% of the calories averaged for the week.

3. Choose and prepare foods with low amounts of salt, soy sauce, and other high sodium items.

4. Include good sources of dietary fiber such as cooked dry beans at least four times a week and whole grains at least twice a week or 40% of meals per menu cycle if open fewer than five (5) days per week.

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5. Include a variety of foods and preparation methods with consideration to color, combinations, texture, size, shape, taste, and preference of the participants served.

6. Dietary Reference Intake Values - Example:

Table 1 below represents the most current DRI values and daily compliance range for target nutrients. The values provided are based on the USDA Food Guide calculated for one (1) meal for a woman over seventy (70) years of age whose activity level is sedentary. This example represents a majority of the older adult population served by the ENP statewide.
a) The nutrients selected for this table are based on the target nutrients to:
1) Promote health and prevent disease.
2) Prevent deficiencies.
3) Indicate diet quality.
4) Manage disease.

Table 1
Target Nutrients
Nutrient Target Value *
per meal Daily Compliance Range
Calories (Kcal) >550 Kcal >550 – 700 Kcal
Protein 15 gm 14 gm (in the entrée)
Fat (% of total calories) 20-35% <35% weekly average
Trans Fat <0.5g CRFC CH 12.6 section
114377. **
Vitamin A (ug) 233 RAE > 233 RAE 3 out of 5 days /wk
or 4 out of 7 days/wk
Vitamin C (mg) 25 mg 25 mg
Vitamin B6 (mg) 0.5 mg >0.5 mg
Vitamin B12 (ug) ** 0.8 ug 0.8 ug **
Calcium (mg) 400 mg >400 mg
Magnesium (mg) 105 mg >105 mg
Sodium (mg) 500-750 mg <1,000 mg
Fiber (gm) >7 gm >7 gm (may average over a
week based on AL value)
Potassium (gm) ** 1565 mg 1565 mg (may average over a
week based on AL value)
Vitamin D 200 IU 200 IU/3ug (may average over

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a week)
*Note: It is necessary to use fortified foods to meet vitamin B12 needs. **California Retail Food Code: Commencing January 1, 2011, no food containing artificial trans-fat, including oil and shortening that contains artificial trans-fat for use in the deep frying of yeast dough or cake batter may be stored, distributed, served by or used in the preparation of any food within a food facility.

Recommended sodium content was liberalized based on the information from the 2009 National Survey of OAA participants. Data indicated that the ENP meal provides 40-50 percent of the participant’s daily intake for the more than half of the participants. Identify meals containing over 1,000 mg of sodium on the menu with an icon or asterisk referencing high sodium content.

G. Retinol Activity Equivalent (RAE)
Component Meal Pattern Requirements:

1. The California 1600-calorie component meal pattern has been developed to reflect the new DGA requirements for those programs that are not using computerized nutrient analysis.

2. The ENP Contractor has the discretion to allow occasional flexibility in planning meals that may not meet the meal pattern, but does meet the nutrient value requirements. Fortified food products and combination dishes used in a menu may not match the meal pattern, but may provide for the required nutrient values.

For example, a fortified snack bar as a dessert could be used to boost the nutrient value of a boxed lunch or special occasion meal.

3. Items that provide the following target nutrients should be identified on the menu when using a component meal pattern template:
a. Vitamin C – Provide one-third (1/3) of the DRI for vitamin C each meal – 25 mg (for a 1600-calorie menu).
b. Vitamin A – Provide one-third (1/3) of the DRI for vitamin A at least three (3) times per week, 250 µg (for a 1600-calorie menu).
c. Sodium – Meals that contain over 1,000 mg of sodium must be noted on the menu as a high sodium meal.
d. Fiber – Provide seven grams of fiber per meal. Programs may choose to average fiber content over a week.

4. Table 2 below provides an example of the elements in the California 1600-calorie meal pattern. Serving sizes are based on the USDA My Plate initiative (https://www.myplate.gov), which replaced the Food Guide Pyramid. This sample component meal pattern does not assure that meals meet one-third (1/3) of the DRIs and the DGA. Meals will require specific types of fruits and vegetables, whole grains, and high fiber foods in order to assure the target nutrients are provided. The component meal pattern may be deficient in vitamins E, B12, requiring additional nutrition education for participants on the selection of foods that are good sources of these nutrients.

The meal pattern in Table two (2) below is based on the minimum requirements for a sedentary female 70 years of age. If the majority of the population served by a Contractor falls within another requirement range (i.e., active 60 year old

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men), the serving sizes and minimum number of servings required can be adjusted to meet the service population. ENP Contractors should verify the population served and develop menu criteria accordingly.

Table 2
California 1600 Calorie per Day Component Meal Pattern
Minimum Recommended Elements
Food Group Required servings for
550 calories per meal
Serving sizes for 1600
calorie level
Lean meat or beans 1 serving
2 ounces per meal 2 ounces = 1 serving
Vegetable 1 – 2 servings ½ cup = 1 serving
Fruit
1 serving ½ cup = 1 serving
Bread or Grain
At least ½ whole grain
1 – 2 servings 1 slice Bread = 1 serving
½ cup of rice or pasta = 1 serving
Low-fat milk or milk
alternate 1 serving 1 cup or equivalent measure
Fat
Optional
Dessert Optional - limit sweets use
fruit
Select foods high in fiber and low
in fat and sugar
(1) The number of servings per meal estimates provision of one-third of the DRIs. (2) Caloric value (1,600 Kcal/day) based on a 70 year-old female, “sedentary" physical activity level using Table 3 - Estimated Caloric Requirements in Each Gender and Age Group at Three Levels of Physical Activity, from the DGA 2010.
**Oils and soft margarines include vegetable, nut and fish oils, and soft vegetable oil spreads that have no trans-fats.

H. Meal Components – required for both computerized and component menus

1. Protein – meat, fish, poultry, legumes, eggs, and cheese:
a. A minimum of 2.0 ounces of cooked, edible portions of meat, fish, poultry, legumes, eggs, cheese, (or a combination thereof) providing at least 14 grams of protein. Programs should consider the preferences of the participants they serve.

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b. Legumes should not be counted as both vegetable and protein. ENP Contractors may use other protein sources to provide the occasional vegetarian meal.

2. Vegetables (1-2 ½ cup servings):
a. Vegetables as a primary ingredient in soups, stews, casseroles, or other combination dishes should total ½ cup per serving.
b. Raw leafy vegetables (salads) should equal 1 cup if they are to be considered a serving.

3. Fruit (1 serving):
a. A serving of fruit equals:
a. 1 medium sized whole fruit.
b. ½ cup fresh, chopped, cooked, frozen, or canned drained fruit. c. ½ cup 100% fruit juice.
b. Fresh, frozen, or canned fruit should be packed in juice, light syrup, or without sugar. Fruit packed in high sugar content syrup may be rinsed before using.

4. Breads/Grains (1 ounce equivalent serving):

One-half of the daily intake of grains should be from whole grains. Grains that are processed (not whole) must be fortified. Fifty-fifty mixtures of white and brown rice meet the requirement for whole grain and have demonstrated acceptance amount ENP participants. For variety, consider serving other grains such as corn, millet, oats, or quinoa.

5. Milk (8 fl. oz.):

Each meal shall contain eight (8) fluid ounces of fortified skim, low fat, or buttermilk. If religious preference precludes the acceptance of milk with the meal, it may be omitted from the menu (however, an equivalent substitute must be used).

6. Fat (Optional):
a. Replace solid fats with plant based oils to improve diet quality without added calories.
b. Choose plant based oils which have a high percentage of beneficial monosaturated and polyunsaturated fatty acids.
c. The DGAs encourage using oils as they contribute essential fatty acids to the diet. No food containing artificial trans-fat may be stored, distributed, served, or used in the preparation of any food within a food facility [CRFC114377].
d. Limit the consumption of solid fats. Solid fats are those that are solid at room temperature and have a high concentration of trans and saturated fats. Common sources of solid fats include butter, beef, chicken, port, stick margarine, and shortening.

7. Dessert (Optional):

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a. Dessert may be provided as an option to satisfy the caloric requirements or for additional nutrients. Use fruit as a dessert as often as possible and limit sweets. The fruit, grains, and dairy products served as dessert can count towards the fruit, grain, or dairy requirements. Desserts that are low in fat and/or low in sugar are encouraged.
b. When a dessert contains ½ cup of fruit per serving, it may be counted as a serving of fruit.
c. When a dessert contains the equivalent of 1 serving (1 ounce) starches/grains per serving, it may be counted as a serving of starches/grains (example: rice pudding or oatmeal cookie). d. When a dessert contains the equivalent of ½ cup of milk per serving, it may be counted as ½ serving of milk.

8. Condiments and Product Substitutes:
a. Sugar substitutes, pepper, herbal seasonings, lemon, vinegar, non-dairy coffee creamer, salt, and sugar may be provided, but should not be counted as fulfilling any part of the nutritive requirements. b. Condiments such as salad dressings, ketchup, soy sauce, mustard, and mayonnaise do not need to be counted in a menu analysis if they are served “on the side” and are not combined with the food.

9. Sodium:
a. The DGAs encourage reducing daily sodium intake to 1,500 mg per day for persons aged 51 or older, African Americans, persons who have hypertension, diabetes, or chronic kidney disease.
b. The target value for sodium is 500 mg per meal. The acceptable range is 500 - 750 mg per meal. However, the ENP meal provides 40-50 percent of the nutrient intake for the day for more than half of its participants. This fact provided the basis for establishing an acceptable ENP sodium range that is slightly higher than the DGAs recommends.
c. A potassium rich diet blunts the effect of sodium on blood pressure.

Research suggests that the general population does not consume sufficient amounts of potassium and would benefit from increasing potassium intake from foods.
d. Menu planners should take steps to reduce the levels of sodium in meals over time, including the following:
e. Focus on a stepwise reduction of sodium over time.
f. Set a goal to reduce sodium content of meals each year. For example:
g. The local ENP will reduce the sodium level of the meals by five percent (5%) over this Fiscal Year.
h. The ENP will provide not more than two high sodium meals per month. i. Maintain documentation of the reduction of sodium content of meals. j. Place potassium rich foods on the menu consistently. k. Provide nutrition education on the health impacts of high sodium intake on older adults.

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l. Prepare foods without adding salt in the cooking process. m. Use herbal seasoning to replace salt.
n. Avoid potassium chloride salt substitutes. Individuals should only use these products under the supervision of a healthcare professional. o. Encourage using oil and vinegar as the preferred salad dressing. Provide at least one low-sodium salad dressing option.
p. Use an icon, such as a saltshaker, to identify a high sodium meal or clearly state on the menu that this meal contains more than 1,000 mg of sodium. ENPs should establish policies and procedures for purchasing healthful foods that incorporate the DGAs’ sodium recommendations.

ENPs can participate in transforming the food service industry by creating a demand for products that are lower in sodium and working with food purveyors to purchase lower sodium foods. Responsibility to reduce the amount of sodium in the diet of all Americans falls on both the food industry and consumers.

10. Meal Component/Nutrient Analysis
A meal component/nutrient analysis of the entire menu cycle conducted and/or approved by a Registered Dietitian shall be done to ensure compliance with Title 22, Division 1.8, Chapter 4, Article 5.

11. Computerized Nutrient Analysis Requirements
a. Although not required, use of computerized nutrient analysis is strongly recommended and will help ensure and verify the nutritional adequacy of meals. The goal of assessing nutrient intakes of groups is to determine the prevalence of inadequate or excessive nutrient intakes within a particular group of individuals. While meal patterns serve as a basic framework for menu planning, Contractors are encouraged to use computerized nutrient analysis because it provides specific information on nutrients the menu may not be providing. The information that a menu is not supplying all of the desired nutrients will guide the development of future menus. As required menu elements are expanded, it is more difficult to meet all of the requirements on a daily basis. ENP Contractors should focus on:
1) Vitamin A.
2) Vitamin C.
3) Protein.
4) Fat.
5) Sodium.
6) Fiber.
b. Not all nutrient guidelines will be met with each meal. However, areas that do not meet the requirements should be the focus of future menu revisions and nutrition education.
c. The following nutrients should be included in the analysis when the computerized nutrient analysis method is used: calories; protein;

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carbohydrates; total fat; saturated fat; total fiber; vitamins A, C, D, E, K, thiamin, riboflavin, niacin, B6, folate, B12, calcium, chromium, copper, iron, magnesium, sodium, and zinc. In addition to meeting one-third of the DRIs, the menus should also follow the DGA.

IX. Food Procurement
A. Food procurement procedures shall comply with Title 22, California Retail Food Code (CRFC) standards, and HACCP best practices guidelines.

B. All food shall be of good quality and shall be obtained from sources that conform to Federal, State, and local regulatory standards for quality, sanitation, and safety.

C. To the extent possible, Contractors are encouraged to participate in group food purchasing.

D. A comparative cost analysis shall be performed either by the ENP Contractor or its group purchasing organization on an on-going basis to obtain the highest quality food for the lowest price available.

X. Food Storage
A. Food storage procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines.

B. Adequate and suitable space free from vermin, dirt, and contamination or adulteration shall be provided for the storage of food and beverages, and cooking, serving, and eating supplies.

XI. Food Production
A. Food production procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines.

B. Food production and meal service shall be under the supervision of a trained staff in food service management to ensure food service sanitation and the practice of hygienic food handling techniques is followed. This person shall function with the advice of the Contractor’s Registered Dietitian.

1. Meals shall be served as indicated on the certified menus. In the event that a menu substitution must occur, the following procedure must be followed. The Contractor’s Registered Dietitian must approve all menu substitutions.

2. A Menu Substitution Form must be completed and signed by the Contractor’s Registered Dietitian.

3. The completed Menu Substitution form shall be kept on file for DAAS review.

C. Production Control

1. Production schedules or worksheets must be available in the food preparation area.

2. Food shall be prepared in sufficient quantities to serve all participants. Careful planning shall minimize the leftover food and prevent waste.

3. Standardized recipes shall be used to ensure consistency of quality and quantity and adherence to menu guidelines.

4. Appropriate utensils for correct and consistent portion control shall be available and used at each site.

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D. Meal Service/Temperature Monitoring

1. All food for congregate sites shall be packaged and transported in a manner in which it is protected from potential contamination and maintains appropriate hot and cold food temperatures.

2. Meals shall be served to seniors “offer versus serve” – meaning participants are to be given an opportunity to decline a menu item. Food trays shall not be served ahead of time.

3. Temperature Checks:
a. All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked daily immediately prior to dispatch from the central kitchen.
b. All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked at satellite congregate sites upon delivery and at all congregate sites immediately before meal service.
c. The ENP Contractor must have written procedures for monitoring food temperature.
d. The ENP Contractor must use a form to document food temperatures daily (i.e. Food Temperature Log).
e. The ENP Contractor shall have a staff member review the completed Food Temperature Logs at random a minimum of every other month. If problems are discovered, an action plan must be developed to resolve the issue.
f. All completed Food Temperature Logs must be maintained on file for DAAS review.

4. To maintain quality in prepared foods, holding times shall be kept to a minimum.

Long periods of holding hot foods at required temperatures diminish the nutrient content and palatability of foods.

5. Holding time shall not exceed two (2) hours between the end of production and the beginning of food service at the congregate site.

6. Milk and milk products shall be provided in individual, commercially filled containers, or shall be poured by a staff member directly from commercially filled bulk containers into the glass or cup from which it is consumed.

7. Single service utensils and tableware shall be used one time only and then discarded.

8. Safety of the food after it has been served at the congregate site and then removed by the participant from the congregate site is the sole responsibility of the participant and may be consumed by the participant as he/she deems it appropriate.

9. The Contractor shall have a sign posted in the congregate site stating, “Food removed from the congregate site is at your own risk.”
XII. Food Service Requirements
A. The ENP Contractor shall ensure that the following forms are available, completed daily, and maintained at each nutrition site for a minimum of 12 months:

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1. Food Temperature Log – one should be maintained for congregate meals, home-delivered meals dispatched from that site, and one for foods chilled and/or frozen for individual meals, if applicable

2. Cleaning Schedule

3. Equipment Temperature Log – for all dish machines, refrigerators, and freezers.

4. Production Schedule – applicable only if food is cooked at the site.

5. The current Environmental Health inspection shall be available at the site for review.

6. Staff and volunteers who are handling food shall possess a current food handlers’ card that shall be available for review.

XIII. Program Requirements
A. Client Intake Sheets / Nutrition Screening

1. The ENP Contractor will ensure that each participant completes the Client Intake Sheet form (provided by DAAS) to determine his or her level of nutritional risk.

Forms shall be completed for:
1) Congregate Meal Participants – at the beginning of service and then annually thereafter for clients who remain on the program.

Bold and asterisked fields are required for congregate meals. b. Home-Delivered Participants – at the beginning of service and then quarterly thereafter for clients who remain on the program. 1) Sections 1, 2, and 3 are required for home-delivered meals.

2. ENP Contractors are required to enter the client data into the client records management system timely but no later than the tenth (10th) business day following the month in which the intake was completed.

B. Outreach/Marketing Activities:

1. ENP Contractors are required to provide outreach in the community through community organizations and other groups. All outreach and marketing activities shall be documented and kept on file for the annual monitoring visit conducted by DAAS.

2. ENP Contractors shall develop and have handouts, brochures, and/or signs available in languages other than English and posted in locations such as churches, community service locations, and small stores serving the minority communities.

3. All marketing materials must be submitted to the DAAS Program Analyst at least four (4) weeks prior to disseminating and posting for review and approval.

C. Emergency Procedures:

1. ENP Contractors shall have a written Emergency/Disaster Plan.

2. Each nutrition site shall have an evacuation plan posted identifying the emergency exits and assembly areas.

3. Staff must be knowledgeable of emergency procedures.

4. Where feasible and appropriate, ENP Contractors shall make arrangements for the availability of meals to participants during a major disaster, as defined in 42

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U.S.C., Chapter 68, Section 5122 (2). Such arrangements shall be included in the Emergency/Disaster Plan.

D. Donations and Confidentiality:

1. An eligible individual who receives a meal shall be given the opportunity to contribute to the cost of the meal

2. The ENP Contractor shall develop a suggested contribution/donation amount.

When developing this contribution/donation amount, the income ranges of the older individuals in the community and the Contractor’s other sources of income shall be considered.

3. A sign indicating the suggested contribution for eligible individuals and the fee for guests shall be posted near the contribution container at each congregate meal site. A guest fee shall cover all meal costs.

4. No eligible individual shall be denied participation because of failure or inability to contribute. The Contractor shall ensure that the amount of the eligible participant’s contribution is kept confidential.

5. The ENP Contractor shall establish written procedures to protect contributions and fees from loss, mishandling, and theft (i.e., Contribution/Donation Procedures). Such procedures shall be kept on file for DAAS review.

6. All contributions and fees shall be identified as program income and used to increase the number of meals served, to facilitate access to such meals, and to provide nutrition-related supportive services.

E. “No Soliciting” Sign:

The ENP Contractor shall ensure that a “No Soliciting” sign is posted on the door leading to the congregate nutrition site. No soliciting of any kind is permitted on the premises during the lunch hours for services or goods promoted by businesses.

F. Coordination:

1. If applicable, develop a fair and equitable policy and procedure for referring participants to the appropriate transportation Contractor for securing public transportation to and from nutrition sites and have the policy available for review by DAAS.

2. Include the following statement on all advertising, brochures, poster, etc.:
“Funding for this service has been provided by the San Bernardino County Department of Aging and Adult Services through a grant award from the California Department of Aging.”

3. Coordinate service with other County departments and local agencies by providing time for presentations or special activities that promote a community based system of care for the participants attending nutrition sites.

G. Reporting:

1. All fiscal and program data must be reported monthly. Request for Reimbursement, i.e., invoice, is due to DAAS by the 10th business day of the month following the month of service. Client and service data must be available for review in the client records management system before payment can be approved. DAAS will provide training as needed.

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2. The Contractor shall maintain support files including, but not limited to, invoices, payroll, Client Intake Sheets, and any other supporting documents to substantiate monthly reports.

3. ENP Contractors are required to report all known or suspected cases of elder abuse to DAAS Adult Protective Service or law enforcement immediately by telephone. A written report must be sent within two (2) working days. Abuse of an elder or dependent adult means physical abuse, neglect, intimidation, cruel punishment, fiduciary abuse, abandonment, isolation, or other treatment resulting in physical harm or pain or mental suffering or the deprivation by a care custodian of goods or services, which are necessary to avoid physical harm or mental suffering.

4. Maintain records, by month, that support claimed in-kind expenditures.

5. Report expenditures funded with Deferred Income by September 30th of the FY in which it is being claimed.

6. Develop and have on hand for review by DAAS a cost allocation plan which explains the methods used to allocate costs between congregate and homedelivered meals or any other program funded by DAAS.

7. In the event additional funds become available, the Contractor will use the funds to increase the number of meals being provided to participants by either increasing the number of individuals attending its present sites, or by opening new sites in communities not already served by the Contractor. Exceptions to this requirement must be fully documented in writing and submitted to the Director of DAAS for prior approval.

H. Disposal of Equipment:

1. If the Contractor wishes to dispose of equipment purchased with Nutrition grant funding, they must submit a request, in writing, to DAAS. The request shall state the equipment description, the location of the equipment, and the reason for disposal.

2. Contractor shall submit a list of equipment purchased with grant funding by location.

I. Mandatory Meetings

1. Contractor is required to attend all Nutrition Contractor meetings hosted by DAAS.

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ATTACHMENT D

DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.)

1. Type of Federal Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance

2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post-award

3. Report Type:
a. initial filing
b. material change
For Material Change Only:
year_________quarter__________
date of last report______________

4. Name and Address of Reporting Entity:

Prime Subawardee

Tier ______, if known:

Congressional District, if known:

5. If Reporting Entity in No. 4 is a Subawardee, Enter
Name and Address of Prime:

Congressional District, if known:

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable: _____________

8. Federal Action Number, if known: 9. Award Amount, if known:
$

10. a. Name and Address of Lobbying Entity
(if individual, last name, first name, MI):
b. Individuals Performing Services (including
address if different from No. 10a)
(last name, first name, MI)

(attach Continuation Sheet(s) SF-LLLA, if necessary)

11. Amount of Payment (check all that apply):
$ _________ actual planned

13. Type of Payment (check all that apply):
a. retainer
b. one-time fee
c. commission
d. contingent fee
e. deferred
f. other; specify:_____________________

12. Form of Payment (check all that apply):
a. cash
b. in-kind; specify: nature _____________
value _____________

14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) SF-LLLA, if necessary)

15. Continuation Sheet(s) SF-LLLA attached: Yes No

16. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into.

This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure.

Signature:____________________________________
Print Name:___________________________________
Title:________________________________________
Telephone No.: _______________ Date:___________
Federal Use Only: Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)

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Packet Pg. 838 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT D

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLLA Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow up report caused by a material change to the Information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient.

Identify the tier of the subawardee,e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be amount of payment made or planned to be made.

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.

15. Check whether or not a SF-LLLA Continuation Sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

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Packet Pg. 839 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT E

INFORMATION SHEET
(one Information Sheet per Vendor)

CONTRACTOR SHALL COMPLETE SECTION I OF THIS FORM AND RETURN TO:

SAN BERNARDINO COUNTY
Department of Aging and Adult Services
Attn: CONTRACTS
SECTION I: CONTRACTOR INFORMATION
Contractor Name:

Address (including City, State and Zip Code): Phone:

Web Site: Email: Fax:

Site Name for Services (if Different from Contractor):

Address (including City, State and Zip Code): Phone:

Web Site: Email: Fax:

Clinic Contact: Title:

Contract Signature Authority:

Name: Name:

Title: Title:

Signature: Signature:

Phone #:
( )
E-Mail: Phone #:
( )
E-Mail:

Claim Signature Authority:

Name: Name:

Title: Title:

Signature: Signature:

Phone #:
( )
E-Mail: Phone #:
( )
E-Mail:

SECTION II: DAAS INFORMATION
Contract Mailing Address: Contracts Unit:

San Bernardino County
Department of Aging and Adult Services
Contracts Unit
784 E. Hospitality Lane
San Bernardino, CA 92415-0920
Unit Fax #: 909-891-9150

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Packet Pg. 840 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT F

COMMUNITY FOCAL POINTS LIST
Name Address City/Community Phone
Adelanto Senior Club 11565 Cortez Avenue Adelanto, CA 92301 (760) 605-0549 Apple Valley Senior Club 13188 Central Road Apple Valley, CA 92308 (760) 247-3155 Barstow Senior Citizens Club 555 Melissa Avenue Barstow, CA 92311-3031 (760) 256-5023 Big Bear Valley Senior Center 42651 Big Bear Blvd. Big Bear Lake, CA 92315 (909) 584-0323 Bloomington Senior Center 18317 Valley Blvd. Bloomington, CA 92316 (909) 546-1399 Bonnie Baker Senior Citizens
Club 149350 Ukiah Trail Big River, CA 92242 (760) 665-2667 Chemehuevi Indian Tribal
Center 1990 Palo Verde Havasu Lake, CA 92363 (760) 858-4219 Chino Senior Center 13170 Central Avenue Chino, CA 91710 (909) 334-3453 Crest Forest Senior Citizens
Club 24658 San Moritz Drive Crestline, CA 92325 (909) 338-5036 Delmann Heights Senior
Center 2969 N. Flores St. San Bernardino, CA 92407 (909) 887-2115 Dino Papavero Senior Center 16707 Marygold Avenue Fontana, CA 92335 (909) 350-0575 El Mirage Senior Club 1488 Milton El Mirage, CA 92301 (760) 559-7683 Fontana Community Senior
Center 16710 Ceres Avenue Fontana, CA 92335 (909) 854-5151 Ft. Mohave Tribal Senior
Nutrition Program 700 Harrison Street Needles, CA 92363 (760) 629-2371 George M. Gibson Senior
Center 250 N. Third Avenue Upland, CA 91786 (909) 981-4501 George White Senior Center
8565 Nuevo Avenue/8572
Sierra Ave.(Main Ofc) Fontana, CA 92335 (909) 822-4493
Grand Terrace Senior Center 22627 Grand Terrace Road Grand Terrace, CA 92313 (909) 824-1491 Helendale Senior Center 15350 Riverview Rd., Bldg. 2 Helendale, CA 92342 (760) 243- 5690 Hesperia Leisure League 9122 Third Avenue Hesperia, CA 92345 (760) 244-3223 Percy Baaker Community
Center
9333 "E" Avenue/PO Box
104055 Hesperia, CA 92340 (760) 244-5488
Highland Senior Center 3102 E. Highland Avenue Patton, CA 92369 (909) 862-8104 Hinkley Community and
Senior Center 35997 Mountain View Road Hinkley, CA 92347 (760) 253-4677 Hutton Senior Center 660 Colton Avenue Colton, CA 92324 (909) 370-6168 James L. Brulte Senior
Center 11200 Baseline Road
Rancho Cucamonga, CA
91701 (909) 477-2780
Joshua Tree Community
Center 6171 Sunburst Joshua Tree, CA 92252 (760) 366-2471

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Packet Pg. 841 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT F

Name Address City/Community Phone
Joslyn Senior Center 21 Grant Street Redlands, CA 92373 (909) 798-7550 Loma Linda Senior Center 25571 Barton Road Loma Linda, CA 92354 (909) 799-2820 Lucerne Valley Senior Club 10431 Allen Way Lucerne Valley, CA 92356 (760) 248-2248 Luque Senior Center 292 East "O" Street Colton, CA 92324 (909) 370-5087 Lytle Creek Senior Center
P.O. Box 182/14082 Center
Road Lytle Creek, CA 92358 (909) 880-8659
Mentone Senior Center 1331 Opal Avenue Mentone, CA 92359 (909) 794-5280 Montclair Senior Center 5111 Benito Street Montclair, CA 91763 (909) 625-9483 Morongo Basin Senior
Support Center 57121 Sunnyslope Drive Yucca Valley, CA 92284 (760) 365-9661 Mountain Communities
Senior Center 675 Grandview Road Twin Peaks, CA 92391 (909) 337-1824 Needles Senior Center 1699 Bailey Avenue Needles, CA 92363 (760) 326-4789 Newberry Springs Senior
Family Center 33383 Newberry Road Newberry Springs, CA 92365 (760) 257-3284 Ontario Senior Center 225 East "B" Street Ontario, CA 91764 (909) 395-2021 Perris Hill Senior Center 780 E. 21st Street San Bernardino, CA 92404 (909) 384-5436 Phelan Senior Club 4128 Warbler Rd. #A Phelan, CA 92371 (760) 868-8067 Pinon Hills Senior Club 10433 Mountain Road Pinon Hills, CA 92372 (760) 868-8637 Redlands Community Senior
Center 111 W. Lugonia Redlands, CA 92374 (909) 798-7579 Rialto Senior Center 1411 S. Riverside Avenue Rialto, CA 92376 (909) 877-9706 San Bernardino 5th St Senior
Center 600 W 5th Street San Bernardino, CA 92410 (909)-384-5430 San Moritz Lodge 24658 San Moritz Dr Crestline, CA 92325 (909)-338-5036 Trona Community Senior
Center 13187 Market Street Trona, CA 93562 (760) 372-5889 Twenty Nine Palms Senior
Center 6539 Adobe Road
Twenty Nine Palms, CA
92277 (760) 367-3891
Victorville Senior Center 14874 Mojave Road Victorville, CA 92392 (760) 245-5018 Wrightwood Community
Center 1543 Barbara Street Wrightwood, CA 92397 (760) 249- 3205 Yucaipa Senior Center 12202 First Street Yucaipa, CA 92399 (909) 797-1177 Yucca Valley Senior Center 57088 29 Palms Highway Yucca Valley, CA 92284 (760) 228-5453

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Packet Pg. 842 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT G

Payments, Budgets, Closeout, and Audits
July 1, 2022 through June 30, 2025
I. FUNDS
A. Expenditure of Funds

1. Contractor shall expend all funds received hereunder in accordance with this Agreement.

2. Any reimbursement for authorized travel and per diem shall be at rates not to exceed those amounts paid by the State in accordance with California Department of Human Resources’ rules and regulations. This is not to be construed as limiting Contractor from paying any differences in costs between the rates specified above and any rates the Contractor is obligated to pay under other contractual agreements from funds other than those provided pursuant to this Agreement.

3. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from County.

4. Contractor agrees to include these requirements in all contracts it enters into with subcontractors or vendors to provide services pursuant to this Agreement.

5. County reserves the right to refuse payment to Contractor or disallow costs for any expenditure, when determined by the County to be out of compliance with this Agreement, unrelated or inappropriate to the contract activities, when adequate supporting documentation is not presented, or where prior approval was required but was either not requested or not granted.

B. Accountability for Funds

1. Contractor shall maintain accounting records for funds received under the terms and conditions of this Agreement. These records shall be separate from those for any other funds administered by Contractor, and shall be maintained in accordance with Generally Acceptable Accounting Principles and Procedures, and the Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

2. Contractor shall promptly forward payroll taxes, insurances and contributions, including State Disability Insurance, Unemployment Insurance, Old Age Survivors Disability Insurance, and Federal and State income taxes withheld, to designated governmental agencies.

3. Adequate source documentation of each transaction shall be maintained relative to the allow ability of expenditures reimbursed by DAAS under this Contract. If the allow ability of expenditures cannot be determined because records or documentation of Contractor are nonexistent or inadequate according to Generally Accepted Accounting Principles and Procedures, the expenditures may be disallowed by DAAS.

4. Financial Management Systems
Contractor shall meet the following standards for its financial management systems, as stipulated in 45 CFR Section 92.20 (governmental) or 45 CFR Section 74.21 (not for profit organizations):
a. Financial Reporting
b. Accounting Records
c. Internal Control

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Packet Pg. 843 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT G

d. Budgetary Control
e. Allowable Costs
f. Source Documentation
g. Cash Management
C. Unexpended Funds
Upon termination, cancellation, or expiration of this Agreement, or dissolution of the entity, the Contractor shall return to County immediately upon written demand, any funds provided under this Agreement, which are not payable for goods or services delivered prior to the termination, cancellation or expiration of this Agreement or dissolution of the entity.

D. Availability of Funds

1. It is understood by the parties that this Agreement may have been written before ascertaining the availability or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur of this Agreement were executed after that determination was made.

2. This Agreement is valid and enforceable only if sufficient funds are made available to the County by the United States Government or State of California for the fiscal years appropriate for the purpose of the services described herein.

3. Funding Reduction(s)
a. If funding for any County fiscal year is reduced or deleted for the purposes of this program, the County shall have the option to either:
1) Terminate the Agreement
2) Amend the agreement to reflect the reduced funding that will be available. b. In the event that County elects to offer an amendment, it shall be mutually understood by both parties that 1) County reserves the right to determine which contracts, if any, under this program shall be reduced; 2) some contracts may be reduced by a greater amount than others; 3) the County shall determine in its sole discretion the amount that any or all of the contracts shall be reduced for the fiscal year.

E. Program Income

1. Program Income must be reported and expended under the same terms and conditions as the program funds from which it is generated.

2. Program Income must be used to pay for current allowable costs of the program in the same fiscal year that the income was earned (except as noted below).

3. Program Income must be spent before contract funds and may reduce the amount of contract funds payable to Contractor.

4. If Program Income is earned in excess of the amount reported by County in the Contractor’s approved budget, the excess amount may be deferred for use in the first quarter of the following contract period, which is the last quarter of the federal fiscal year, if approved by County.

5. If Program Income is deferred for use it must be used by the last day of the federal fiscal year and reported when used.

6. Program Income may not be used to meet any requirements for matching contributions specified in this Agreement.

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Packet Pg. 844 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT G

7. Program Income must be used to expand baseline services.

F. One Time Only (OTO) Funds:

OTO funds shall be only be used for the following purposes:

1. The purchase of equipment that enhances the delivery of services to the eligible service population. Home and community-based projects that are approved by County in advance.

2. Innovative pilot projects that are approved in advance by County, and are designed for the development of a comprehensive and coordinated system of care as defined in [45 CFR 1321.53(a) & (b).

3. OTO funds may be used to maintain or increase baseline services; however, it is understood by the parties that such use of OTO funds creates no expectation of service delivery beyond the current contract period.

G. Matching Contributions

1. Cash and/or in-kind contributions may be counted as match if such contributions are used to meet program requirements.

2. Matching contributions (cash or in-kind) must be verifiable from the records of the Contractor or its subcontractors. Only allowable costs as established by Office of Management and Budget (OMB) cost principles may be reported as matching contributions.

3. Services of volunteers or other costs reported as “in-kind” matching contributions shall be valued at rates consistent with those of similar work or services paid by Contractor. If Contractor does not offer similar work or purchase similar services, rates shall be consistent with those in local market area.

H. Budget and Budget Revision

1. Contractor shall be compensated for expenses only as itemized in the approved budget that is incorporated by reference into this Agreement. The Contractor shall not be entitled to payment for expenses related to this Agreement until the budget has been reviewed and approved by the County.

2. No budget revision may result in an increase of the maximum dollar amount stated in Section V, Paragraph A. The written request must specify the line item or Service Category changes requested, and must include justification for the requested changes.

For the purposes of this section,
a. “Service Category” shall be defined as that classification of activities defined in the Older Americans Act (OAA) that is specific to each OAA funded grant program; and
b. “Service” shall be defined as the activities that are defined within a Service Category.

Examples of Service Categories include Supportive Services, Congregate and Homedelivered Nutrition Services, Disease Prevention/Health Promotion Services, and Family Caregiver or Grandparent Support Services. Examples of services include nutrition education, transportation, information assistance, senior center staffing, respite care, access assistance, and supplemental services.

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Packet Pg. 845 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT G

County shall notify the Contractor in writing of the status of the budget revision request within fourteen (14) calendar days of receipt of the Contractor’s written request. The County reserves the right to deny the Contractor’s invoice for expenditures in excess of the approved budgeted line item amount.

3. Contractor shall submit a budget revision to the County, in advance of expenditures when:
a. Changes to line item expenditures are expected to exceed the amount of the approved budgeted line item by more than ten (10%) of the amount specified in Section V, Paragraph A.
b. New budget line items are to be added.
c. When the changes being requested involve the transfer of funds between Service Category.
d. When otherwise requested by the County.

4. Contractor shall maintain a written record of all budget changes including line item or service category changes. This record shall be available to the Department upon request and shall be maintained in the same manner as all other financial records.

5. The final date to submit to a budget revision is March 30 of the contract period unless otherwise specified by the County.

I. Indirect Costs

1. Indirect costs are those that have been incurred for common or joint objectives and cannot be readily identified with a particular final cost objective. After direct costs have been determined and assigned directly to awards or other work as appropriate, indirect costs are those remaining to be allocated to benefiting cost objectives. A cost may not be allocated to an award as an indirect cost if any other cost incurred for the same purpose, in like circumstances, has been assigned to an award as a direct cost.

2. Examples of indirect cost may include depreciation or use allowances on buildings and equipment, the costs of operating and maintaining facilities, and general administration and general expenses, such as the salaries and expenses of executive officers, personnel administration, and accounting.

3. The maximum reimbursement amount allowable for indirect costs is ten (10) percent of Contractor’s direct costs, excluding in-kind contributions and non-expendable equipment. Indirect costs exceeding the ten (10) percent maximum may be budgeted as cash match and be used to meet the minimum matching contribution requirements.

4. Contractor agrees to include the above requirement in all contracts it enters into with subcontractors or vendors to provide services pursuant to this agreement.

5. Reimbursement for indirect costs shall be on the basis of an indirect cost rate plan documenting the methodology used to determine the indirect cost rate, which shall be submitted by Contractor to the Federal government for approval. After Federal approval the plan will submitted to DAAS and be approved by DAAS.

J. Financial Closeout

1. Contractor shall submit a final statement of expenditures and income (Financial Closeout – Attachment G) to County within thirty days of the end of contract period, unless otherwise specified by County.

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Packet Pg. 846 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT G

2. Federal funds otherwise payable to Contractor by County may be reduced proportionately by County to maintain the required matching contributions ratio if amount of matching contributions reported by Contractor is less than minimum required matching contribution amount specified in Section V, Paragraph A, Fiscal Provisions of this Contract .

K. Subcontracts or Vendor Agreements

1. Without the prior written consent of the Director of DAAS or his/her designee through the HS Contracts Unit, this Contract is not assignable by Contractor either in whole or in part.

2. Contractor agrees not to enter into any subcontracts for work contemplated under this Contract without first obtaining written approval from the Director of DAAS or his/her designee. Any subcontractor shall be subject to the same provisions as Contractor.

Contractor shall be fully responsible for the performance of any subcontractor.

3. Contractor shall include language in all subcontracts that require subcontractor to comply with all applicable State and Federal Laws.

4. Contractor shall have no authority to contract for, on behalf of, or incur obligations on behalf of County or State.

5. Copies of subcontracts, vendor agreements, Memoranda, and/or Letters of Understanding shall be on file with the Contractor and shall be made available to DAAS upon request.

6. Contractor shall monitor the insurance requirements of its subcontractors and/or vendors.

7. Contractor shall ensure that the subcontractor and/or vendor will complete all reporting and expenditure documents requested by DAAS. These reporting and expenditure documents shall be sent to Contractor in a timely manner and at intervals as determined by DAAS.

8. Contractor shall monitor the budget, expenditures, and performance of it subcontractors and/or vendors.

9. Contractors shall provide support and technical assistance to subcontractors and respond in writing to all written request for direction, guidance, and interpretation of instructions to include client and service data.

L. Audits

1. Contractors that expend $750,000 or more in Federal awards shall arrange for an audit to be performed as required by the Single Audit Act of 1984, Public Law 98-502, Single Audit Act Amendments of 1996, Public Law 104-156, and Office of Management and Budget [2 CFR Part 200, Subpart F Audit Requirements] [formerly OMB Circular A-133].

2. A copy of audit report shall be submitted to DAAS within thirty (30) days after receipt of the auditor’s report or nine months after the audit period, whichever occurs first, unless a longer period is agreed to in advance by the recognized or oversight federal agency.

3. Contractor shall ensure that State-funded expenditures are displayed discretely along with the related federal expenditures in the single audit report’s “Schedule of Expenditures of Federal Awards” (SEFA) under the appropriate Catalog of Federal Domestic Assistance (CFDA) number as referenced herein. In addition, should contractor’s SEFA totals be reported on the basis of a fiscal year period other than County’s fiscal year (July 1 through June 30), a supplemental schedule shall be provided that reconciles Contractor’s reported expenditures to County fiscal year periods.

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Packet Pg. 847 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT G

4. For state contracts that do not have CFDA numbers, Contractor shall ensure that Statefunded expenditures are discretely identified in the SEFA by the appropriate program name, identifying grant/contract number and as passed through the California Department of Aging.

5. The following closely related programs identified by CFDA number are to be considered as an “Other Cluster” for purposes of determining major programs or whether a program specific audit may be elected. Contractor shall identify the CFDA titles and numbers to the independent auditor conducting the organization’s single audit as well to each of Contractor’s sub-recipients.

6. The Federal Grantor for the following programs is the U.S Department of Health and Human Services, Administration on Aging:

93.044 Special Programs for the Aging – Title III, Part B = Grants for Supportive Services and Senior Centers (Title III-B).

93.045 Special Programs for the Aging – Title III, Part C – Nutrition Services (Title III-C)

93.052 National Family Caregiver Support – Title III, Part E

93.053 Nutrition Services Incentive Program (NSIP)

7. The Federal Grantor for the following program is the U.S Centers for Medicare and Medicaid Services:

93.779 State Health Insurance Assistance Program (HICAP)

93.071 MIPPA: MSP, LIS & Prescription Drug Enrollment Assistance through the Aging Network, SHIP, and ADRCs

93.626 SHIP Options Counseling for Medicare/Medicaid (FA)

8. The Federal Grantor for the following program is the Administration for Community Living grants:

93.071 MIPPA: Priority Area 2 AAAs

9. Cluster of programs means a grouping of closely-related programs that share common compliance requirements. The types of clusters of programs are research and development (R&D), student financial aid (SFA) and other clusters. “Other Clusters” are defined by the OMB in the Compliance Supplement or as designated by a State for federal awards provided to its sub recipients that meet the definition of cluster of programs. When designating an “other cluster”, a State shall identify the federal awards included in the cluster and advise the sub-recipients of compliance requirements applicable to the cluster, consistent with S.400 (d) (1) and S.400 (d) (2), respectively. A cluster of programs shall be considered as one program for determining major programs, as described in S.520, and with the exception of R&D as described in S.200 (c), whether a program-specific audit may be elected. (Federal Office of Management and Budget, (OMB) Circular A-133, Audits of States, Local Governments, and Non-Profit Corporations).

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Packet Pg. 848 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT G

10. Contractor shall perform a reconciliation of its “Financial Closeout Report” to the audited financial statements. The reconciliation shall be maintained and be made available to DAAS for review.

11. Contractor shall ensure that subcontractor single audit reports for Contractor meet [2 CFR Part 200, Subpart F Audit Requirements] [formerly OMB Circular A-133] requirements, including, but not limited to:
a. Performed timely – Not less frequently than annually and a report submitted timely. The audit is required to be submitted within thirty (30) days after receipt of the auditor’s report or nine months after the end of the audit period, whichever occurs first.
b. Properly procured – Use procurement standards provided for in OMB Circular A133 and provide maximum opportunities to small and minority audit firms. c Performed in accordance with Generally Accepted Government Auditing Standards – Shall be performed by an independent auditor and be organizationwide d. All inclusive – Includes an opinion (or disclaimer of opinion) of the financial statements; a report on internal control related to the financial statements and major programs; an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements; and the schedule of findings and questioned costs.
e. Performed in accordance with provisions applicable to this program as identified in [2 CFR Part 200, Subpart F Audit Requirements] [formerly OMB Circular A-133 Compliance Supplement].

12. Requirements identified in the provision above shall be included by Contractor in all subcontracts.

13. Contractor shall include in its contract with the independent auditor that the auditor will comply with all applicable requirements/standards, that the County shall have access to all audit reports and supporting work papers, and that the County shall have the option to perform additional work if needed.

14. Unless prohibited by law, the cost of audits completed in accordance with provisions of the Single Audit Act Amendments of 1996 is allowable charges to Federal awards.

Contractor may not charge to Federal awards the cost of any audit under the Single Audit Act Amendments of 1996 not conducted in accordance with the Act. Contractor may not charge to Federal Awards the cost of auditing a non-federal entity which has Federal Awards expended of less than $750,000 per year, and is thereby exempted under OMB Circular A-133, Subsection __200 (d).

15. Contractor shall cooperate with and participate in any additional audits which may be required by State or County.

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Packet Pg. 849 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT H

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Packet Pg. 850 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract

ATTACHMENT I

SAN BERNARDINO COUNTY NUTRITION SERVICES
Matching Funds Narrative
Contractor: City of San Bernardino
Fiscal Year: 07/01/22-06/30/23 ORIG _X__ Amend ___
CONGREGATE SITES C-1 HOME DELIVERED MEALS C-2
Provide justification, rates, comments, descriptions, etc. for the required 11.11% of the total proposed contract amount in matching funds whether in cash or in-kind. Matching funds may not be fees for services, client donations or program income as defined by 45 CFR 74.41match.

CONGREGATE MEALS C-1
Line Item Rate Annual
Amount
Description/Justification
Personnel $ $ Volunteers

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Packet Pg. 851 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT I

SAN BERNARDINO COUNTY NUTRITION SERVICES
Matching Funds Narrative
Contractor: City of San Bernardino
Fiscal Year: 07/01/23-06/30/24 ORIG _X__ Amend __
CONGREGATE SITES C-1 HOME DELIVERED MEALS C-2
Provide justification, rates, comments, descriptions, etc. for the required 11.11% of the total proposed contract amount in matching funds whether in cash or in-kind. Matching funds may not be fees for services, client donations or program income as defined by 45 CFR 74.41match.

CONGREGATE MEALS C-1
Line Item Rate Annual
Amount
Description/Justification
Personnel $ $ Volunteers

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Packet Pg. 852 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT I

SAN BERNARDINO COUNTY NUTRITION SERVICES
Matching Funds Narrative
Contractor: City of San Bernardino
Fiscal Year: 07/01/24-06/30/25 ORIG _X__ Amend ___
CONGREGATE SITES C-1 HOME DELIVERED MEALS C-2
Provide justification, rates, comments, descriptions, etc. for the required 11.11% of the total proposed contract amount in matching funds whether in cash or in-kind. Matching funds may not be fees for services, client donations or program income as defined by 45 CFR 74.41match.

CONGREGATE MEALS C-1
Line Item Rate Annual
Amount
Description/Justification
Personnel $ $ Volunteers

26.b
Packet Pg. 853 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT I

SAN BERNARDINO COUNTY NUTRITION SERVICES
Matching Funds Narrative
Contractor: City of San Bernardino
Fiscal Year: 07/01/22-06/30/23 ORIG _X__ Amend ___
CONGREGATE SITES C-1 HOME DELIVERED MEALS C-2
Provide justification, rates, comments, descriptions, etc. for the required 11.11% of the total proposed contract amount in matching funds whether in cash or in-kind. Matching funds may not be fees for services, client donations or program income as defined by 45 CFR 74.41match.

HOME DELIVERED MEALS C-2
Line Item Rate Annual
Amount
Description/Justification
Personnel $ $ Volunteers

26.b
Packet Pg. 854 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT I

SAN BERNARDINO COUNTY NUTRITION SERVICES
Matching Funds Narrative
Contractor: City of San Bernardino
Fiscal Year: 07/01/23-06/30/24 ORIG _X__ Amend ___
CONGREGATE SITES C-1 HOME DELIVERED MEALS C-2
Provide justification, rates, comments, descriptions, etc. for the required 11.11% of the total proposed contract amount in matching funds whether in cash or in-kind. Matching funds may not be fees for services, client donations or program income as defined by 45 CFR 74.41match.

HOME DELIVERED MEALS C-2
Line Item Rate Annual
Amount
Description/Justification
Personnel $ $ Volunteers

26.b
Packet Pg. 855 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT I

SAN BERNARDINO COUNTY NUTRITION SERVICES
Matching Funds Narrative
Contractor: City of San Bernardino
Fiscal Year: 07/01/24-06/30/25 ORIG _X__ Amend ___
CONGREGATE SITES C-1 HOME DELIVERED MEALS C-2
Provide justification, rates, comments, descriptions, etc. for the required 11.11% of the total proposed contract amount in matching funds whether in cash or in-kind. Matching funds may not be fees for services, client donations or program income as defined by 45 CFR 74.41match.

HOME DELIVERED MEALS C-2
Line Item Rate Annual
Amount
Description/Justification
Personnel $ $ Volunteers

26.b
Packet Pg. 856 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT
J

Monthly Expenditure Report

26.b
Packet Pg. 857 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT J

26.b
Packet Pg. 858 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT J

26.b
Packet Pg. 859 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT J

26.b
Packet Pg. 860 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT K

SAN BERNARDINO COUNTY

DEPARTMENT OF AGING AND ADULT SERVICES

REQUEST TO PURCHASE PROPERTY/EQUIPMENT
This form is to be completed whenever a contractor is requesting to purchase property or equipment under a California Department of Aging (CDA) grant. Contractor must obtain a minimum of three (3) bids and attach Equipment Bid Form for each item requested.

Date: __________________ FY: 22/23
Contractor Name:

Address: Contact: Phone No:

QTY DESCRIPTION (Attach additional
sheets if required)
VENDOR COST* FUNDING
SOURCE
1 Explain how requested item(s) will be used to carry out the objectives related to the funding to be received (attach additional sheet if required):

Administrative Use Only:

Approved Denied Value over $500/unit: Yes No
Inventory: Yes No
Program Review by: Name ___________________________ Title ___________ Date _______
Director Approval : __________________________________________ Date ________ Y:\EQUIPMENT INVENTORY - DAAS\CDA\_forms\Equipment Purchase Request COVER SHEET (CDA Funds).docx Purchase Request COVER SHEET (CDA Funds)_Dec18.doc
Revised 10/18

26.b
Packet Pg. 861 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT K

Equipment Request Justification
Submit with all requests for equipment and vehicles costing $5,000 or more and any computing devices, regardless of cost (including, but not limited to: workstations, servers, laptops, personal digital assistants, notebook computers, tablets, smartphones, and cellphones), and all portable electronic storage media regardless of cost (including, but not limited to: thumb/flash drives and portable hard drives) with you budget. Respond to the information below:

1. A description of the item(s)

2. Total Costs (including tax, delivery, shipping, etc. as applicable) of the procurement and the selected vendor if know.

3. Description of the method of procurement (price quotes, county, auction, fleet, etc)

4. Location of equipment

5. Acknowledgement of insurance requirements (vehicles only)

6. Name, phone number and email address of the procurement contact at the AAA.

Justification for an equipment purchase must include the following information:

26.b
Packet Pg. 862 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT K

1. Explanation for the need for the specific type of equipment, including a description of how the equipment will be used, frequency of use.

2. Description of impact on Program if the purchase is not approved.

3. Description of alternatives considered, including shared use with another OAA program or agency, lease, other available vehicles in fleet current under-used.

4. When was the last time this item was purchased?

5. If a vehicle, a list of the AAA’s other vehicles and an explanation of why existing vehicle fleet cannot meet the need.

6. Clarification of whether the equipment will be used solely by the specific AAA Program from which the purchase will be funded or whether it will be shared with other program(s) or another AAA. If it will be share, include a cost agreement or Memorandum of Understanding between entities detailing the proration between programs.

26.b
Packet Pg. 863 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT L

26.b
Packet Pg. 864 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT L

26.b
Packet Pg. 865 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT M

STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF AGING

SECURITY INCIDENT REPORT PART A
CDA 1025a (REV 02/2018)

AGENCY/CONTRACTOR

1. Business Name:

2. Business Address:

CONTACT INFORMATION

3. Incident Manager: 4. Telephone Number:

5. Email Address:

INCIDENT DISCOVERED BY

6. Name: 7. Telephone Number:

8. Email Address:

INCIDENT DETAILS

9. Date/Time of Incident: 10. Date Incident Detected:

11. Incident Description:

1. Address Where Incident Occurred:

2. County Where Incident Occurred:

14. Reported to Law Enforcement? _____Yes ______ No
If Yes, Provide the Law Enforcement Agency and the Report Number.

Agency:______________________________________________
Report Number:________________________________________

15. Media Device Type, If Applicable: 16. Was the Device Encrypted? _____ Yes _____ No ______Unknown

26.b
Packet Pg. 866 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT M

STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF AGING

SECURITY INCIDENT REPORT PART A
CDA 1025a (REV 02/2018)

17. Type of Personally Identifiable Information (Check all that apply):
__ No Personal Information __ Social Security Number
__ Health or Medical Information __ Financial Account Number __ Driver’s License/State ID Number __ Name
Other (Specify): ___________________________________________________

18. Is a Privacy Disclosure Notice Required?
____ Yes ____ No

19. Number of Individuals Affected:

SIGNATURES

20. Agency/Contractor Information Security
Officer:

Signature: Date:

21. Agency/Contractor Privacy Officer: Signature: Date:

22. Authorized Signature/Director: Signature: Date:

CDA USE ONLY
CDA Incident Number: CAL-CSIRS Report Number:

26.b
Packet Pg. 867 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT M

STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF AGING

SECURITY INCIDENT REPORT PART B
CDA 1025b (REV 02/2018)

AGENCY/CONTRACTOR

1. Business Name:

2. Business Address:

CONTACT INFORMATION

3. Incident Manager: 4. Telephone Number:

5. Email Address:

INCIDENT INFORMATION

6. CDA Incident Number: CAL-CIRS Number:

7. Is there an Update to Form 1025A? ____ Yes ____ No
Comments:

8. Has there been a Change of Scope? ____ Yes ____ No
Explanation:

9. Is a Privacy Disclosure Notice Required? ____ Yes ____ No If Yes, has a Sample Notification been Submitted for Approval? ____ Yes _____ No

INCIDENT ROOT CAUSE

10. What was the Root Cause of the Incident?

26.b
Packet Pg. 868 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

ATTACHMENT M

STATE OF CALIFORNIA

CALIFORNIA DEPARTMENT OF AGING
CDA 1025b (REV 02/2018)

CORRECTIVE ACTION PLAN

11. Corrective Action Plans Attached? ____ Yes ____ No

12. Date Corrective Actions will be Fully Implemented:

INCIDENT COSTS

13. Describe the Costs Associated with Resolving this Incident:

Incident Response: $______________
Communications: $______________
Notices: $______________
Individual Questions: $______________
Investigation: $______________
Lost or Stolen Items: $______________
Total: $______________

SIGNATURES

14. Agency/Contractor Information Security Officer: Signature: Date:

15. Agency/Contractor Privacy Officer: Signature: Date:

16. Authorized Signature/Director: Signature: Date:

26.b
Packet Pg. 869 Attachment: ATTACHMENT 2 - Resolution No. 2022-126; Exhibit A - 2022-25 SNP Grant - County Contract 22-XXX (9014 : 2022-25 Senior

26.c
Packet Pg. 870 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 871 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 872 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 873 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 874 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 875 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 876 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 877 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 878 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 879 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 880 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 881 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 882 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 883 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 884 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 885 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 886 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 887 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 888 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 889 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 890 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 891 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 892 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 893 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 894 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 895 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 896 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 897 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 898 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 899 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 900 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 901 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 902 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 903 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 904 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 905 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 906 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 907 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 908 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 909 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 910 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 911 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 912 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 913 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 914 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 915 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 916 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 917 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 918 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 919 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 920 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 921 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 922 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 923 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 924 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 925 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 926 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 927 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 928 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 929 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 930 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 931 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 932 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 933 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 934 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 935 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 936 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 937 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 938 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 939 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 940 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 941 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 942 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 943 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 944 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 945 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 946 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 947 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 948 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 949 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 950 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 951 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 952 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 953 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 954 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 955 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 956 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 957 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 958 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 959 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 960 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 961 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 962 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 963 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 964 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 965 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 966 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 967 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 968 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 969 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 970 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 971 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 972 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 973 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 974 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 975 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 976 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 977 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 978 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 979 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 980 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 981 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 982 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 983 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 984 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 985 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 986 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 987 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 988 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 989 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 990 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 991 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 992 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 993 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 994 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 995 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 996 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 997 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 998 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 999 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1000 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1001 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1002 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1003 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1004 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1005 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1006 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1007 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1008 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1009 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1010 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1011 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1012 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1013 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1014 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1015 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1016 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1017 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1018 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1019 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1020 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1021 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1022 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1023 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1024 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1025 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1026 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1027 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1028 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1029 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1030 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1031 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1032 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1033 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1034 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1035 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1036 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1037 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1038 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1039 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1040 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1041 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1042 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1043 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1044 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1045 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1046 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1047 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1048 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1049 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1050 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1051 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1052 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1053 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1054 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1055 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1056 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1057 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1058 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1059 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1060 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1061 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1062 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1063 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1064 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1065 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1066 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1067 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1068 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1069 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1070 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1071 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1072 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1073 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1074 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1075 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1076 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1077 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1078 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1079 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1080 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1081 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1082 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1083 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1084 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1085 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1086 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1087 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1088 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1089 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1090 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1091 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1092 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1093 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1094 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1095 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1096 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1097 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1098 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1099 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1100 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1101 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1102 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1103 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1104 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1105 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1106 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1107 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1108 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1109 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1110 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1111 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.c
Packet Pg. 1112 Attachment: ATTACHMENT 3 - 2022-25 SNP Grant, Application (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.d
Packet Pg. 1113 Attachment: ATTACHMENT 4 - 2022-25 SNP Grant, Intent to Award (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1114 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1115 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1116 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1117 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1118 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1119 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1120 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1121 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1122 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1123 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1124 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1125 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1126 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1127 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1128 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1129 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1130 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1131 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1132 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

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Packet Pg. 1133 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1134 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1135 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1136 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1137 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1138 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1139 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1140 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1141 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1142 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1143 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1144 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards))

26.e
Packet Pg. 1145 Attachment: ATTACHMENT 5 - 2022-25 SNP Grant, Food&Cons Bid Response-RFQ 22-53 (9014 : 2022-25 Senior Nutrition Program (All Wards)) Schedule
"H"
Account Number Description
FY2022-23
BUDGET

ESTIMATES MATCH TOTAL
Grant Name: 123-380-0513 001-380-0514
Salaries
5011 Salaries perm/fulltime 70,342 70,342
5013 Automobile allowance -
5014 Salaries temp/parttime 185,000 38,462 223,462
5015 Overtime -
Total: Salaries 255,342 38,462 293,804
Benefits
5026 PERS retirement 8,346 8,346
5027 Health and life insurance 9,060 9,060
5028 Unemployment insurance 766 766
5029 Medicare 3,703 3,703
5034 CalPERS Unfunded Liability 22,400 22,400
Total: Benefits 21,875 22,400 44,275
Total: Salaries & benefits 277,217 60,862 338,079
Maintenance and Operations
5111 Material and supplies -
5112 Small tools & equip (consumables) 13,000 13,000
5114 Raw foods 37,032 109,968 147,000
5122 Dues and subscriptions -
5131 Mileage -
5132 Meetings and conferences -
5133 Education and training -
5150 Utilities 47,162 47,162
5172 Equipment maintenance 3,000 3,000
5174 Printing charges -
5175 Postage -
5176 Copy machine charges -
5181 Other operating expense 3,000 3,000
5186 Civic and promotional -
5193 Grant match -
Total: Maintenance and Operations 56,032 157,130 213,162 Contract Services
5502 Professional/contractual services -
5505 Other professional services 15,500 1,500 17,000
Total: Contractual Services 15,500 1,500 17,000
Internal Service Charges
5601 Garage charges - -
5602 Workers compensation - -
5603 Liability -
5604 IT charges in-house -
5605 Telephone support -
5606 Electric -
5612 Fleet charges - fuel -
Total: Internal Service Charges - - -
Capital Outlay
5703 Communications equipment -
Total: Capital Outlay - - -
Credit/billables
5910 Credit - federal and state program funding -
Total: Credit/billables - - -
Total: Non-Personnel Expenses 71,532 158,630 230,162
Grant Total 348,749 219,492 568,241
Revised 5-20-22 Council Action

CITY OF SAN BERNARDINO, CALIFORNIA
DEPARTMENT: Parks & Recreation
PROJECT #: 0513 Sr. Nutrition Grant 2022-23
5/24/2022

26.f
Packet Pg. 1146 Attachment: ATTACHMENT 6 - 2022-23 SNP Grant Program Budget Detail Sheet (9014 : 2022-25 Senior Nutrition Program (All Wards))

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Lydie Gutfeld, Director Parks, Recreation and Community Service
Subject: Red Cross Centennial Campaign Program (All Wards) Recommendation
Adopt Resolution No. 2022-127 of the Mayor and City Council of San Bernardino, California, approving the award of grant funds; and authorizing the City Manager or his designee to execute a Licensed Training Provider Agreement and Addendum with the Red Cross for the Centennial Campaign Program.

Background
The American Red Cross has been working the education and training forum for aquatic professionals for over 100 years. In celebrating their 100th anniversary, the Centennial Campaign was born. The priority focus of the campaign is to provide communities that are underserved an opportunity to have free swim lessons in partnership with agencies that are providing those services, and creating a “fee waived” incentive to agencies for lifeguard and water safety instructors.

The Centennial participating agencies are considered unique as it is not “easy” to be selected. The participating agencies benefit greatly in participating in this program as the fees usually paid to train, certify, and provide lessons and recreational swim are covered by the Red Cross.

In March, at the California Water Safety Coalition Summit, Aquatics Supervisor Michael Schicora and Director Lydie Gutfeld participated in conversations and meetings with Red Cross representatives to introduce the needs of our aquatic programs within the City of San Bernardino. The representative agreed we would be an excellent candidate.

In early May, a final meeting was held, and an agreement was provided to staff for internal review.

The commitment to the program would cover a three (3) year period and would provide financial assistance to our budget for the aquatic programs within the City.

Discussion
The Red Cross Centennial program is a great opportunity for the City of San Bernardino to partner with the Red Cross to not only provide swimming lessons to our community, 27 Packet Pg. 1147
9023

but to also enhance our continued efforts to train both Lifeguards and Swim Instructors to industry standards. This agreement will give needed financial support to the city in three specific ways. First, fees typically associated with training Swim Instructors and Lifeguards through the Red Cross are waived. Second, the Red Cross will supply materials needed to train staff and teach lessons that is typically paid by the City. Third, the Red Cross will provide scholarship money for low cost, virtually free, lessons for children 6 months to five (5) years. This is an opportunity which the Red Cross provides to limited partners throughout the country. Participating as a Centennial partner with the Red Cross will help establish the city as a beacon in the county, and a leader in providing swimming lessons and water safety. The initial agreement will cover the first of a three (3) year period, as described in the LTP expenses funded by Red Cross for City of San Bernardino Parks, Recreation and Community Services Calendar Year 2022.
2021-25 Key Strategic Goals and Objectives
This request aligns with Key Target 1.d. Financial Stability - Create a framework for spending decisions, Key Target 2.d. Focused, Aligned Leadership and Unified Community - Develop and implement a community engagement plan and Key target 3b.

Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service. If approved, the grant will provide our city much needed assistance in providing free swim lessons and training the next generation of aquatic professionals in our city.

Fiscal Impact
There is no fiscal impact to accepting this grant award and approving the agreement.

Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2022-127 approving the award of grant funds; and authorizing the City Manager or his designee to execute a Licensed Training Provider Agreement and Addendum with the Red Cross for the Centennial Campaign Program.

Attachments
Attachment 1 Resolution 2022-127
Attachment 2 Red Cross Licensed Training Provider Agreement Attachment 3 Red Cross LTP Agreement, Centennial Addendum Ward: All
Synopsis of Previous Council Action: N/A
27 Packet Pg. 1148
Resolution No. 2022-127
Resolution 2022-127
June 15, 2022

RESOLUTION NO. 2022-127

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF GRANT FUNDS; AND

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE

TO EXECUTE A LICENSED TRAINING PROVIDER

AGREEMENT AND CENTENNIAL ADDENDUM WITH

THE RED CROSS FOR THE CENTENNIAL CAMPAIGN
PROGRAM.

WHEREAS, the City has been permitted to teach Red Cross Courses under the 2022 Red Cross Licensed Training Provider Agreement; and
WHEREAS, The City would now like to participate in a program in connection with the American Red Cross’s Centennial Campaign, which is designed to promote awareness of and access to the American Red Cross Water Safety education and training in identified communities; and
WHEREAS, Red Cross wishes to engage the City in the Centennial Campaign, and the City wishes to engage in the Centennial Campaign.

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 City Manager, or his designee, is hereby authorized to execute the Licensed Training Provider Agreement and Centennial Addendum with Red Cross.

SECTION 3. 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 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 Acting City Clerk this 15th day of June 2022.

27.a
Packet Pg. 1149 Attachment: Attachment 1 - Resolution No. 2022-127 Red Cross Centennial Campaign Program [Revision 1] (9023 : Red Cross Centennial Resolution No. 2022-127
Resolution 2022-127
June 15, 2022

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

27.a
Packet Pg. 1150 Attachment: Attachment 1 - Resolution No. 2022-127 Red Cross Centennial Campaign Program [Revision 1] (9023 : Red Cross Centennial Resolution No. 2022-127
Resolution 2022-127
June 15, 2022

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-___, adopted at a regular meeting held on the ___ day of _______ 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 ___ day of ____________ 2022.

Genoveva Rocha, CMC, City Clerk

27.a
Packet Pg. 1151 Attachment: Attachment 1 - Resolution No. 2022-127 Red Cross Centennial Campaign Program [Revision 1] (9023 : Red Cross Centennial Red Cross Licensed Training Provider Agreement – r.06.21.2021 official copy Page 1 Training Services
Licensed Training Provider Agreement
Licensed Training Provider Agreement
This Licensed Training Provider Agreement ("Agreement") is by and between The American National Red Cross (“Red Cross”) and ________________________________________________________________ (the "LTP") (each a “Party” and together the “Parties”), effective as of the last date of signature set forth below (“Effective Date”), for the purpose of licensing Red Cross training materials and curriculum to LTP in order to permit individuals who are (i) either employees or volunteers of LTP, and (ii) are also Red Cross-certified instructors in good standing (“Instructors”), to deliver instruction in the Red Cross training courses that are included within the product package(s) listed in Appendix B (“Courses”) at the locations designated in Appendix C.

1. LTP Responsibilities. LTP will:

1.1. Teach Courses using only Red Cross-approved instructional materials and other copyrighted and proprietary educational content as Red Cross may provide from time to time to licensed training providers of Course instruction (“Course Materials”), using only Instructors who possess current, appropriate Red Cross instructor certification for each such Course, and in compliance with the most current Red Cross Training Provider Resource Guide (“Guide”), policies and procedures (collectively, the “Policies”)

1.2. Before commencing instruction activities under this Agreement, provide Red Cross with a list of all Instructors who will teach Courses on behalf of LTP.

1.3. Notify Red Cross within ten (10) business days of any additions to or deletions from LTP’s list of Instructors who will teach Courses on behalf of LTP.

1.4. Only sponsor, promote, and teach Courses and otherwise perform under this Agreement within the United States of America and its territories (“U.S.”), as the Red Cross is only permitted to operate within the U.S.

1.5. Permit Red Cross to enter upon LTP’s premises and perform random observations of LTP’s Courses.

1.6. Enter accurate and complete records for each completed Course (“Course Records”), along with all other requested information, into the Red Cross’s Learning Management System or any similar, successor system (“LMS”) within ten (10) calendar days of each completed scheduling instance of a Course (each such instance hereinafter referred to as a “Class”), and comply with all terms and conditions of the LMS during such use.

1.7. Only issue Course completion certificates, using Red Cross-approved systems and forms, to students who have successfully completed a Course that has been administered in compliance with this Agreement (it being understood that Red Cross may invalidate any Course completion certification not issued in conformity with this section 1.7).

1.8. Pay all fees payable under this Agreement when due, in accordance with section 5 below.

1.9. Obtain and maintain adequate insurance to cover its performance, and the performance of its employees, volunteers, and contractors, under this Agreement, as Red Cross insurance does not extend to LTP or its Instructors.

2. License to Course Materials; Access to Red Cross LMS and CPS.

2.1. Red Cross is the owner of Course Materials. Subject to the terms and conditions of this Agreement, Red Cross hereby grants LTP a limited, non-exclusive, non-transferrable, and non-sublicensable license to publicly display and perform, Course Materials solely for the purpose of conducting Courses authorized under this Agreement. LTP may not revise, edit or create derivative works of Course Materials, in whole or in part.

DocuSign Envelope ID: 683633CE-B4A8-454B-B3C7-075A98611973 City of San Bernardino Park and Recreation

27.b
Packet Pg. 1152 Attachment: Attachment 2 - Red Cross Licensed Training Provider Agreement (9023 : Red Cross Centennial Campaign Program (All Wards)) Red Cross Licensed Training Provider Agreement – r.06.21.2021 official copy Page 2 Training Services
Licensed Training Provider Agreement

2.2. Course Materials will be made available to LTP by digital download or other means as determined by Red Cross. LTP shall only obtain Course Materials for Courses that LTP is authorized to provide, and only through distribution means either authorized or directed by Red Cross.

2.3. Red Cross will provide LTP with access to the LMS and an authorized means of digitally downloading and printing Course completion certificates in a form determined by Red Cross. LTP has no right or authorization to design or create its own Course completion certificates.

2.4. LTP shall use reasonable efforts to protect the Course Materials from use not permitted under this Agreement. This Agreement does not constitute a transfer of ownership rights in the Course Materials.

LTP shall not use facts and information from the Course Materials to create its own courses and course materials.

2.5. LTP may, from time to time, at its election, participate in Red Cross’s Class Posting Service (“CPS”). Using the CPS, licensed training providers of Red Cross may advertise the availability of courses to prospective students on Red Cross’s on-line store, for additional fees. LTP agrees that its participation in the CPS will be governed by the terms and conditions contained in Red Cross’s CPS User Guide, as the same may be amended from time to time. Red Cross may suspend or terminate the CPS with respect to all licensed training providers, including LTP, at any time or from time to time, in its sole discretion.

3. Use of Names and Marks.

3.1. Red Cross grants LTP the limited, non-exclusive, non-transferable and non-assignable license in the U.S. to use the name and logo of the Red Cross in the format set forth in the Guide (the “Authorized Mark”) solely to promote that LTP is an authorized provider of the Courses, and subject to all restrictions herein this Agreement and the Policies.

3.2. Except as expressly provided in this Agreement, neither Party may use the other Party’s name(s), logos trademarks or other intellectual property in marketing materials, press releases, presentations other than Courses, or otherwise without the advance written consent of the other Party, which consent may be granted or withheld in the other Party’s sole discretion.

3.3. LTP shall not state or imply that that Red Cross sponsors or endorses LTP’s business, products or services generally, or that any other training courses and services other than the Courses, are owned or endorsed by or otherwise associated or affiliated with Red Cross.

3.4. LTP shall not (i) create a compound mark with the Authorized Mark or (ii) use the Authorized Mark with any other design, slogan or trademark when such combination would tend to cause confusion as to source or affiliation.

3.5. LTP shall not in any instance, use a Greek red cross design in association with its business, goods and/or services.

4. Term and Termination.

4.1 This Agreement will be effective as of the Effective Date listed above and ends on the day before the thirty-six (36) month anniversary thereof, unless earlier terminated as provided below.

4.2 Red Cross may immediately terminate this Agreement if LTP breaches this Agreement. Red Cross may also terminate this Agreement if LTP breaches the terms of the CPS.

4.3 Either Party may terminate this Agreement with advance written notice to the other Party of at least thirty (30) days.

4.4 Notwithstanding expiration or any termination of this Agreement, the provisions of this Agreement will continue to govern with respect to any amounts payable to Red Cross for Courses completed prior to such expiration or termination. The Parties’ obligations under section 7 below will also survive expiration or any termination of this Agreement.

DocuSign Envelope ID: 683633CE-B4A8-454B-B3C7-075A98611973

27.b
Packet Pg. 1153 Attachment: Attachment 2 - Red Cross Licensed Training Provider Agreement (9023 : Red Cross Centennial Campaign Program (All Wards)) Red Cross Licensed Training Provider Agreement – r.06.21.2021 official copy Page 3 Training Services
Licensed Training Provider Agreement

5. Fees and Invoicing.

5.1 LTP will remit payment by credit card upon entry of Course Records into LMS; or will be invoiced, if approved. All fees for CPS are non-refundable and will be paid by credit card at the time LTP submits the Class for posting.

5.2 For each Class enrollee, LTP will be charged the per student fee that is applicable to that Course. Courses are included within the product package(s) listed on Appendix B. Fees for Courses are set forth in the price list attached to Appendix B.

5.3 Red Cross may approve or deny LTP’s request to be invoiced at Red Cross’s sole discretion. Invoices will be sent via postal mail, may be issued up to four (4) times per month, and will include all transactions submitted in that billing period. Payment in full is due thirty (30) days from the date of each invoice. Past due amounts will be subject to collections actions and may be referred to an external collections agency.

In such an event, Red Cross will be entitled to all costs of collection including interest, reasonable attorney's fees and litigation expenses, and collection agency fees and expenses. LTPs with high credit risk or late payments may also result in the suspension or termination of LTP’s invoicing privileges at Red Cross’s sole discretion. Credit card payment upon submission of Course Records will be required if invoicing privileges are suspended or terminated, and such payment will be a condition to LTP’s continued access to Course completion certificates from and after such suspension or termination.

5.4 If approved for invoicing, LTP may elect to have invoices delivered electronically to one (1) email address. LTP will provide Red Cross a single valid email address for electronic invoice delivery. LTP will receive a link in the email to a PDF copy of the invoice, which link will expire after thirty (30) days. LTP understands that LTP will not receive an invoice via postal mail after enrollment in electronic invoice delivery.

5.5 If LTP desires that invoices issued by Red Cross reflect LTP-issued purchase order numbers, then any such purchase order must be received by Red Cross at least ten (10) business days prior to the Class date; it being understood that under no circumstance will the absence of a LTP-issued purchase order number on any invoice excuse LTP’s timely payment of that invoice.

5.6 To pay an invoice by credit card or to establish ACH payments, call 888-284-0607. To pay an invoice by check, include the remittance advice showing the LTP account name, customer number and invoice number, and send to:

American Red Cross - Training Services
25688 Network Place
Chicago, IL 60673-1256

5.7 If LTP desires that Red Cross use LTP’s vendor payment portal, Red Cross will not be obligated to pay LTP or any third party any fee or expense for such use, regardless of any provision to the contrary in such portal‘s terms of use. LTP will, on demand, promptly reimburse Red Cross for any such fee or expense.

5.8 If LTP has account balance or invoice questions or concerns, immediately upon receipt of invoice, LTP may email [email protected] or call 888-284-0607 to report and resolve the inquiry.

5.9 At least annually, Red Cross will review its national Course price list, and may increase its prices for Courses. Red Cross will notify LTP of any such increase. Such notice (which Red Cross may send to LTP’s contact for notices or contact for billing in Appendix A) will specify the date on which the increase will take effect under this Agreement. That date will be at least thirty (30) days after the date of such notice.

As of that effective date, prices under this Agreement will automatically be modified to reflect such increase without need for the Parties to take any other action, including (without limitation) the execution of any separate modification of, or amendment to this Agreement.

DocuSign Envelope ID: 683633CE-B4A8-454B-B3C7-075A98611973

27.b
Packet Pg. 1154 Attachment: Attachment 2 - Red Cross Licensed Training Provider Agreement (9023 : Red Cross Centennial Campaign Program (All Wards)) Red Cross Licensed Training Provider Agreement – r.06.21.2021 official copy Page 4 Training Services
Licensed Training Provider Agreement

5.10 If the Red Cross determines that any course offered by the LTP and/or its Instructors is not taught in accordance with Red Cross Policies, the LTP will be responsible for any costs associated with the re-training of course participants. Red Cross, at its sole discretion, will determine the appropriate party to conduct the re-training, which may include the LTP or any Red Cross employee, volunteer, or third-party licensed training provider.

6. Notices. Each Party’s contacts for notices and billing under this Agreement is listed on Appendix A.

7. Confidentiality. Except as required by applicable law or otherwise provided herein, each Party will maintain the confidentiality of all provisions of this Agreement and other confidential information, documents and materials received for the purposes of this Agreement.

8. Intellectual Property.

8.1 Red Cross reserves all rights not expressly granted herein, in its registered and common law trademarks, service marks, names, emblems, logos and designs including without limitation, the Authorized Mark (the “Red Cross Marks”), and in the Course Materials in whole or in part (collectively the “Red Cross IP”).

8.2 LTP acknowledges and agrees that the Red Cross IP is and shall remain the property of Red Cross, and that the license granted under this Agreement does not constitute a transfer to LTP of any ownership rights in the Red Cross IP. Further, the Parties agree and acknowledge that LTP’s use of the Red Cross IP shall inure solely to the benefit of Red Cross.

8.3 LTP shall not commit, or cause any third party to commit, any act challenging, contesting or in any way impairing or attempting to impair Red Cross’s right, title and interest in and to the Red Cross IP, including seeking registration of the Red Cross IP in whole or in part, or of any confusingly similar trademark or service mark anywhere in the world or incorporating LTP’s business under the Red Cross Marks or any aspect of the Red Cross Marks or any name confusingly similar to the Red Cross Marks.

8.4 Upon the expiration or termination of this Agreement, all rights in the Red Cross IP herein granted to LTP immediately expire, and LTP will immediately cease all use of the Red Cross IP.

9. Miscellaneous.

9.1 Severability. In the event any provision of this Agreement is held invalid, illegal or unenforceable (any such provision, an “Invalid Provision”) in any jurisdiction, the Red Cross and the LTP shall promptly negotiate in good faith a lawful, valid and enforceable provision that is as similar in terms to such Invalid Provision as may be possible while giving effect to the future benefits and burdens accruing to the Parties hereunder. But, in no way will the Invalid Provision affect the validity or enforceability of any other portion or provision of this Agreement, regardless of the ability of the Parties to negotiate a new provision.

9.2 Independent Contractors. Each Party is an independent contractor with respect to the other, and nothing herein shall create any association, partnership, franchise, or joint venture between the Parties or an employer-employee relationship. No agent, employee or servant of any Party shall be, or shall be deemed to be, the employee, agent or servant of the other Party, and each Party shall be solely and entirely responsible for its acts and the acts of its agents, employees and servants.

9.3 Assignment. LTP may not assign its rights under this Agreement, or delegate its obligations, in whole or in part, without the prior written consent of Red Cross. Any attempted assignment or delegation in violation of the foregoing will be null and void.

DocuSign Envelope ID: 683633CE-B4A8-454B-B3C7-075A98611973

27.b
Packet Pg. 1155 Attachment: Attachment 2 - Red Cross Licensed Training Provider Agreement (9023 : Red Cross Centennial Campaign Program (All Wards)) Red Cross Licensed Training Provider Agreement – r.06.21.2021 official copy Page 5 Training Services
Licensed Training Provider Agreement

9.4 Governing Law. The Agreement is governed by the laws of the District of Columbia, without giving effect to its choice or conflict of law rules.

9.5 Inapplicability of Procurement Terms. This Agreement does not contemplate the sale or supply of goods or services by Red Cross. It is only a limited license in Red Cross IP. It is, therefore, not subject to policies, regulations, terms, conditions, or other requirements of LTP or any third party (including, but not limited to, the Federal Acquisition Regulation and any agency supplement thereto, and the U.S. Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) that relate only to suppliers and vendors of goods or services. Under this Agreement, Red Cross will not carry out part of any Federal award received by LTP.

9.6 Data Processing. Red Cross operates the LMS as a nationwide system of course certification. It does not operate the LMS as a service to, or for the benefit of, LTP. Insofar as Red Cross collects, processes, transmits, stores, or otherwise manages data, including personal data, contained in Course completion records, it will not be doing so for, or on behalf of, or as a service to, LTP. Red Cross retains all rights in and to the LMS and any Course completion records uploaded by LTP into the LMS.

9.7 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings and representations, both written and oral, between the Parties with respect to the subject matter of this Agreement.

9.8 Amendments and Waivers. Amendments, addenda and waivers to this Agreement will be effective only if made, in each case, by a non-preprinted document clearly understood by both Parties to be an amendment, addendum or waiver, as the case may be. Any additional or different terms or conditions contained in any purchase order, confirmation, receipt, invoice, click-through agreement, or similar documents will not be binding on either Party, whether or not such terms and conditions would materially alter this Agreement (and even if the receiving Party has signed or otherwise acknowledged such purchase order, confirmation, receipt, invoice, click-through agreement or similar document), and each Party hereby rejects all such additional or different terms and conditions.

The Parties, acting through their duly authorized officers, have executed this Agreement, which shall come into force as of the Effective Date. Execution of this Agreement confirms LTP’s receipt of the Training Provider Resource Guide, which may be updated from time to time.

LTP Name: The American National Red Cross
LTP Signature: Red Cross Signature:

Name: Name:

Title: Title:

Date: Date:

DocuSign Envelope ID: 683633CE-B4A8-454B-B3C7-075A98611973 Aquatics Supervisor City of San Bernardino
Sasha Bouchacra
City of San Bernardino Park and Recreation
Sales Representative
Jason Siegersma
12/30/2021 12/29/2021

27.b
Packet Pg. 1156 Attachment: Attachment 2 - Red Cross Licensed Training Provider Agreement (9023 : Red Cross Centennial Campaign Program (All Wards)) Red Cross Licensed Training Provider Agreement – r.06.21.2021 official copy Page 6 Training Services
Licensed Training Provider Agreement
Licensed Training Provider Agreement
Appendix A – Contact Information
Licensed Training Provider (LTP) Information
LTP:

LTP Address: LTP Fax:

LTP Account Number:

LTP Contact:

LTP Contact Email:

LTP Contact Phone: Extension:
(NOTE: All Billing Contact information MUST be completed for a specific individual; not a system/generic email) LTP Billing Contact Name:

LTP Billing Contact Phone: Extension:

LTP Billing Contact Email:

LTP Billing Address:

LTP DUNS Number:

Email for Invoice Delivery (if electing electronic invoice delivery):

Notices to be delivered to LTP Contact, above.

Red Cross Strategic Account Executive
Name:

Phone: Ext.: Email:

Legal Notice to be delivered to your Red Cross Strategic Account Executive with a copy to The American National Red Cross, Office of the General Counsel at 431 18TH Street NW, Washington, DC 20006.

DocuSign Envelope ID: 683633CE-B4A8-454B-B3C7-075A98611973 92401
201 N E St., #103
(909) 384-5233
[email protected]
[email protected]
CA
Jason Siegersma
[email protected]
CA
Sasha Bouchacra
City of San Bernardino Park and Recreation
Rodney Schmidt
San Bernardino
(800) 567-1474
(909) 841-6709
92401
05344CITY113
134689
201 N E St., #103 San Bernardino

27.b
Packet Pg. 1157 Attachment: Attachment 2 - Red Cross Licensed Training Provider Agreement (9023 : Red Cross Centennial Campaign Program (All Wards)) Red Cross LTP Agreement – Centennial Addendum r.06.16.2021 Page 1 Training Services
Licensed Training Provider Agreement
Centennial Addendum
Addendum To Licensed Training Provider Agreement
This Addendum To Licensed Training Provider Agreement (“Addendum”) is made by and between The American National Red Cross (“Red Cross”) and the Licensed Training Provider listed in the signature block below (“LTP”), effective as of the last date of signature (“Effective Date”), is made a part of and subject to the terms of the Licensed Training Provider Agreement currently in effect between the Parties as of the date of this Addendum (the “Agreement”) for the purpose of setting forth the terms and conditions under which LTP may participate in Red Cross’s Centennial Campaign. Capitalized terms used in this Addendum and not otherwise defined herein shall have the meaning assigned to them in the Agreement.

WHEREAS, LTP has been permitted to teach Red Cross Courses under the Agreement, and LTP would now like to participate in a program in connection with the American Red Cross’s Centennial Campaign, which is designed to promote awareness of and access to the American Red Cross Water Safety education and training in identified communities by (1) teaching people to swim in identified communities where drowning rate is above national average, (2) motivating children and families to “come to the water” to become competent in the water and learn about water safety at a local facility, and (3) endeavoring to create a sustainable ecosystem of water safety to help make communities safer; and
WHEREAS, Red Cross wishes to engage LTP in the Centennial Campaign, and LTP wishes to engage in the Centennial Campaign, subject to the terms and conditions of this Addendum.

NOW THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. In connection with the Centennial Campaign, LTP agrees that it will:
a. Expand its existing Learn-to-Swim program (“LTS”) and Junior Lifeguarding offerings to reach additional program participants who are not otherwise receiving aquatics lessons (“Program Participants”); b. Expand its existing Water Safety Instructor and Lifeguarding training to offer the additional LTS and Junior Lifeguarding offerings;
c. Provide Program Participants opportunities to take LTS courses through Level 3; d. Provide opportunities for parents of Program Participants to participate in Red Cross water safety and CPR/AED training courses;
e. Use reasonable, good faith efforts to participate in promotional and media opportunities to inform the local community of the goals of the Centennial Campaign, including the importance of swimming and water safety training; provided, that LTP will obtain Red Cross’s prior consent to any promotional or media opportunities involving use of the Red Cross name or emblem pursuant to Section 4 of this Addendum and the Agreement;
f. Participate in, and provide information in support of, a research study to evaluate the effectiveness of the Centennial Campaign education and training;
g. Report the progress and results of the Centennial Campaign education and training courses to the Red

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Packet Pg. 1158 Attachment: Attachment 3 - Red Cross LTP Agreement, Centennial Addendum (9023 : Red Cross Centennial Campaign Program (All Wards)) Red Cross LTP Agreement – Centennial Addendum r.06.16.2021 Page 2 Training Services
Licensed Training Provider Agreement
Centennial Addendum
Cross in the manner and format reasonably requested by the Red Cross; and h. Provide accurate and timely supporting documentation of costs incurred in connection with the Centennial Campaign and reimbursed by Red Cross, including invoices when requested by the Red Cross.

This provision will survive the expiration or earlier termination of this Addendum for one (1) year.

2. Red Cross agrees that it will:
a. Assist in offsetting additional expenses for expanded programming as a result of LTP’s participation in the Centennial Campaign. LTP’s expenses that will be funded by the Red Cross for the first year of participation in the Centennial Campaign are listed on Exhibit B attached to this Addendum. The Parties will meet on at least an annual basis to mutually determine and agree upon the scope and amount of Centennial Campaign funding assistance, if any, to be provided by the Red Cross to LTP in subsequent years. In the event that Red Cross does not provide Centennial Campaign funding assistance, LTP, in its sole discretion, shall be entitled to immediately terminate this Addendum; b. Provide Red Cross printed and video training materials, as listed in Exhibit B, required to allow Program Participants to complete the Red Cross training contemplated under this Addendum; c. Provide promotional materials to inform the local community of the Centennial Campaign; d. Provide requirements, processes and mechanisms to report the process and results of the Centennial Campaign education and training courses; and
e. Provide tools, resources and staff training required to implement the research study intended to evaluate the effectiveness of the Centennial Campaign education and training.

3. Term and Termination.
a. Unless terminated consistent with this Section 3, the term of this Addendum shall begin on the Effective Date and shall continue thereafter for thirty-six (36) consecutive months, and may automatically continue for up to two (2), one (1)-year periods, without action by either Party. b. Either Party may terminate this Addendum, without cause, upon thirty (30) calendar days advance written notice to the other Party.
c. Either Party may immediately terminate this Addendum upon the other Party’s breach of its obligations under this Addendum.
d. Termination of this Addendum will not automatically terminate the Agreement, but in the event the Agreement is terminated by either Party, and a Licensed Training Provider Agreement is not in force between LTP and Red Cross, this Addendum will automatically terminate.

4. Intellectual Property and Data Use.
a. Definitions:
i. “Centennial Campaign Materials” will include all text, graphic and pictorial material provided or made available to LTP by Red Cross relating to or in connection with the Centennial Campaign, including without limitation, reports, the Centennial Campaign logo, web banners, creative and other materials, manuals, photographs and all other documents or materials. ii. “LTP Marks” means LTP’s trademark and tradenames set forth on Exhibit A hereto and subject to

27.c
Packet Pg. 1159 Attachment: Attachment 3 - Red Cross LTP Agreement, Centennial Addendum (9023 : Red Cross Centennial Campaign Program (All Wards)) Red Cross LTP Agreement – Centennial Addendum r.06.16.2021 Page 3 Training Services
Licensed Training Provider Agreement
Centennial Addendum
any use guidelines contained in such Exhibit.
b. Centennial Campaign Materials.
i. Subject to this Addendum, LTP grants Red Cross a fully paid-up, royalty-free, non-transferable, nonexclusive right and license to use and display the LTP Marks in the United States solely on and in conjunction with the Centennial Campaign Materials. Red Cross acknowledges that LTP is the sole owner of the LTP Marks and the goodwill associated therewith and that all rights not expressly granted herein remain the sole and exclusive property of LTP. Red Cross will use the LTP Marks in accordance with LTP’s guidelines set forth on Exhibit A. Red Cross may use LTP’s name to publicize its participation in the Centennial Campaign on Red Cross’s website. ii. Subject to this Addendum, the Red Cross grants LTP the limited, non-exclusive, non-transferable and non-assignable license in the U.S. to use Red Cross’s branded Centennial Campaign Materials, without modification and in the file types and formats in which they are provided to LTP by Red Cross from time to time, for the limited purpose of accurately advertising and promoting the existence and objectives of the Centennial Campaign, the fact of LTP’s participation in the Centennial Campaign, and events and the achievement of milestones relating to LTP’s participation in the Centennial Campaign. LTP’s use of the Centennial Campaign Materials is subject to the same restrictions and conditions that apply to LTP’s use of the Red Cross’s name and logo under the Agreement and the Policies.
iii. LTP will not use or allow the use of the Centennial Campaign Materials for any purpose other than the purpose set forth in subsection (ii) above without the prior written consent of the Red Cross.

Immediately upon request, LTP will deliver to the Red Cross all Centennial Campaign Materials, and LTP will cease any use, and will not permit the use, of the Centennial Campaign Materials. iv. The foregoing licenses shall terminate upon termination or expiration of this Addendum. v. Except as expressly provided in this Addendum, no Party shall use the name, logo or marks of the other Party in any public statements (including any promotional or media opportunities) or in any other manner whatsoever, without obtaining such other Party’s prior written consent for each use. c. Aquatics Centennial Data. LTP will hold in confidence, and will not disclose to any third party without the prior written consent of Red Cross, any data collected by LTP, or furnished by Red Cross to LTP, in connection with the Centennial Campaign (including non-public data regarding program offerings), or any other unpublished data or evaluative material provided to LTP by the Red Cross that relates to the Centennial Campaign. LTP hereby waives and will not assert any proprietary of intellectual property rights in data generated by LTP or Red Cross under this Addendum, nor shall it have the right to publish any such data without the prior written consent of Red Cross. Notwithstanding the foregoing, Red Cross understands that the LTP is a California public agency, subject to the California Public Records Act. In the event that the LTP receives a Public Records Act request or court or other governmental authority of competent jurisdiction issues an order, subpoena, or other lawful process requiring the disclosure by the LTP of any Aquatics Centennial Data, the LTP shall notify Red Cross immediately upon the receipt thereof to facilitate Red Cross’s efforts to prevent such disclosure, or otherwise preserve the proprietary or confidential nature of the Aquatics Centennial Data.

5. Miscellaneous.
a. This Addendum constitutes the entire agreement between the Parties with respect to the subject matter of this Addendum, and supersedes all prior agreements, understandings and representations, both

27.c
Packet Pg. 1160 Attachment: Attachment 3 - Red Cross LTP Agreement, Centennial Addendum (9023 : Red Cross Centennial Campaign Program (All Wards)) Red Cross LTP Agreement – Centennial Addendum r.06.16.2021 Page 4 Training Services
Licensed Training Provider Agreement
Centennial Addendum
written and oral, between the Parties with respect to such subject matter. Except to the extent modified by this Addendum, the Agreement remains in full force and effect. In the event of any conflict between the terms of this Addendum and the terms of the Agreement, the terms of this Addendum will control. b. The Agreement shall continue to govern all aspects of LTP’s conduct of American Red Cross Courses, including any Courses offered in connection with the Centennial Campaign. c. The Parties are independent principals in all relationships and actions under and contemplated by this Addendum. This Agreement does not create a partnership or joint venture, and no Party has the authority to bind the other Party.
d. This Agreement is binding upon and inures to the benefit of the Parties here to and their successors and permitted assigns. Notwithstanding the foregoing, neither Party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other Party. e. If any provision of this Agreement is held to be invalid, illegal or unenforceable, then, to the extent that such invalidity, illegality or unenforceability does not deprive either Party of any material benefit under this Addendum, such provision shall be deemed to be severed from this Addendum, and the remaining provisions will not be affected or impaired.

The Parties, acting through their respective duly authorized representative, have executed this Addendum to Licensed Training Provider Agreement, which shall come into force as of the Effective Date.

LTP Name: City of San Bernardino Parks,
Recreation and Community Services
The American National Red Cross
LTP Signature: Red Cross Signature:

Name: Name: Lance Timmons
Title: Title: Strategic Account Executive
Date: Date:

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Packet Pg. 1161 Attachment: Attachment 3 - Red Cross LTP Agreement, Centennial Addendum (9023 : Red Cross Centennial Campaign Program (All Wards)) Red Cross LTP Agreement – Centennial Addendum r.06.16.2021 Page 5 Training Services
Licensed Training Provider Agreement
Centennial Addendum

EXHIBIT A

LTP MARKS
City of San Bernardino Parks, Recreation and Community Services

27.c
Packet Pg. 1162 Attachment: Attachment 3 - Red Cross LTP Agreement, Centennial Addendum (9023 : Red Cross Centennial Campaign Program (All Wards)) Red Cross LTP Agreement – Centennial Addendum r.06.16.2021 Page 6 Training Services
Licensed Training Provider Agreement
Centennial Addendum

EXHIBIT B

LTP EXPENSES FUNDED BY RED CROSS FOR

CITY OF SAN BERNARDINO PARKS, RECREATION AND COMMUNITY SERVICES CALENDAR YEAR 2022
Course/Program Quantity/Unit Fees
Learn-to-Swim eligible courses:
• Parent and Child Aquatics
• Preschool Aquatics
• Learn to Swim Levels 1 - 3
• Adult Swim: Learning the Basics
• Adult Swim: Improving Skills and
Swimming Strokes
Up to 300 enrollees Swim lessons are $40 per set of 8 – 10 lessons; Scholarship fees per set of lessons
person $35; participant pays remaining $5
Water Safety Instructor/Basic Swim
Instructor
Up to 15 enrollees AP fees waived - $40 per person +
Lifeguarding Up to 15 enrollees AP fees waived - $41 per person + Pediatric CPR/AED for
parents/caregivers of swim lesson
participants
Up to 25 enrollees In person certification course:

AP fees waived - $27 per person +
Scholarship fees - $10 per person
OR
Online only course (non certification) - $38
per person online course fee waived
Parent water safety education/
General Water Safety (estimated 75)
(in-person or online):
• Water Safety for Parents and
Caregivers
• Orientation to Swim Lessons for
Parents and Caregivers
Unlimited No associated fees
Junior Lifeguarding
Note: This course may not occur in
2022.

Up to 15 enrollees AP fees waived - $15 per person +
Scholarship fees - $50 per person
Lifeguard Management Up to 4 enrollees Online course fees waived – $120 per person
Longfellow’s WHALE Tales Unlimited (estimated
500 participants)
No additional fees
Water Safety Instructor Trainer
Academy
Up to 2 enrollees Instructor Trainer Academy Fees Waived - $350

27.c
Packet Pg. 1163 Attachment: Attachment 3 - Red Cross LTP Agreement, Centennial Addendum (9023 : Red Cross Centennial Campaign Program (All Wards)) Red Cross LTP Agreement – Centennial Addendum r.06.16.2021 Page 7 Training Services
Licensed Training Provider Agreement
Centennial Addendum
Notes:
• Eligibility for the Centennial Campaign requires that LTP utilize Red Cross programming and certification for all courses that are part of this addendum. It is noted that in summer 2022, special circumstances are allowing for contracted lifeguard services at no more than two non-swim lesson facilities. • LTP will enroll all their Learn-to-Swim facilities in the annual Red Cross Learn-to-Swim facility program as set out in the Agreement. In 2022, swim lessons are expected at the Jerry Lewis Family Swim Center and CID.
• A start-up kit of 2 banners and 250 swim caps and goggles will be provided. • Scholarship criteria is set by the LTP.
• Any remaining fees beyond the scholarship or waived fees will be paid by the LTP or participants. • The following Red Cross educational materials will also be included:

Product Quantity/Unit
Water Safety Instructor’s Manual 6
Swimming and Water Safety Manual 6
Lifeguarding Manual 6
Lifeguarding Instructor's Manual 1
Basic CPR Training Pack (pk/10) 3 packs
LTS Achievement Booklet (pk/50) 5 packs
First Aid/CPR/AED Instructor's Kit 1
First Aid/CPR/AED Ready Reference Cards 25

27.c
Packet Pg. 1164 Attachment: Attachment 3 - Red Cross LTP Agreement, Centennial Addendum (9023 : Red Cross Centennial Campaign Program (All Wards))

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Lydie Gutfeld, Director Parks, Recreation and Community Service
Subject: Outdoor Equity Grant Award Acceptance (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following actions:

1. approve and accept the awarded grant funds from the California Department of Parks and Recreation Outdoor Equity Program (OEP) in the amount of $605,321.26;

2. Authorize the City Manager, or designee, to execute any documents related to the grant award;

3. Adopt Resolution 2022-134 authorizing the Director of Finance to amend the FY 2022/23-24 operating budget and appropriate the grant funds for the period of April 2022 through April 2025.

Background
In 2019, Governor Gavin Newsom signed Assembly Bill 209 (AB 209) - Chapter 675, located in Public Resources Code §5090.75(c)(1.26), which established the Outdoor Equity Grants Program. The purpose of the program is to increase the ability of residents in underserved communities, with an emphasis on students eligible for free or reduced-price meals, foster youth, and students of limited English proficiency, to participate in outdoor experiences at state parks and other public lands. OEP’s focus is on providing funding for transportation, logistics, program operations, and capacity costs associated with reaching historically underserved urban and rural communities throughout California. On July 1, 2020, the California Legislature authorized an increase in funding by $57 million to the California Department of Parks and Recreation to advance the OEP initiative.

On April 11, 2018, the Mayor and City Council adopted Resolution No. 2022-64, approving the submittal of an application for the California Department of Parks and Recreation - Outdoor Equity Program (OEP) to the State of California.

Discussion
The maximum grant award amount of $605,321.26 was requested for project design and construction. In May 2022, staff were notified with the award letter for the 28 Packet Pg. 1165
9024

requested amount. The award from OEP will allow the City to provide opportunities for community members to explore the outdoors through educational workshops and day trips. In addition, the City intends to provide overnight camping experiences for youth, teens, and families.
2021-2025 Key Strategic Goals and Objectives
This request aligns with Key Target 1.c. Improved Operational and Financial Capacity - since the grant will provide funding for transportation, program operations, and capacity costs associated, Key Target 2.a. Focused, Aligned Leadership and Unified Community - since the grant will provide service learning, career pathways, and leadership opportunities, and Key Target 3.b. Improved Quality of Life- Increase the ability of residents in underserved areas to explore state parks and public lands, as well as improve the health and wellness through educational and outdoor recreational activities.

Fiscal Impact
OEP is a fully reimbursable grant and funds 100% of proposed program cost for 3 years.

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

1. approve and accept the awarded grant funds from the California Department of Parks and Recreation Outdoor Equity Program (OEP) in the amount of $605,321.26;

2. Authorize the City Manager, or designee, to execute any documents related to the grant award;

3. Adopt Resolution 2022-134 authorizing the Director of Finance to amend the FY 2022/23-24 operating budget and appropriate the grant funds for the period of April 2022 through April 2025.

Attachments
Attachment 1 - OEP Grant Award Letter
Attachment 2 - Resolution 2022-134 Amending the FY 2022/23-24 Operating Budget Ward: All
Synopsis of Previous Council Actions:

April 11, 2018 Mayor and City Council adopted Resolution No. 2022-64, approving the submittal of an application for the California Department of Parks and Recreation - Outdoor Equity
Program (OEP) to the State of California.
28 Packet Pg. 1166

28.a
Packet Pg. 1167 Attachment: Attachment 1 - OEP Grant Award Letter (9024 : Outdoor Equity Grant Award Acceptance (All Wards)) Resolution No. 2022-134
Resolution 2022-134
June 15, 2022

RESOLUTION NO. 2022-134

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DIRECTOR OF FINANCE TO
AMMEND THE FY 2022/23-24 ADOPTED OPERATING

BUDGET REVENUE AND EXPENDITURES FOR THE

PARKS, RECREATION AND COMMUNITY SERVICES

OUTDOOR EQUITY GRANT IN THE AMOUNT OF
605,321.26.

WHEREAS, San Bernardino Parks, Recreation and Community Services applied for an Outdoor Equity Grant through the State of California; and WHEREAS, the State awarded the City a reimbursement grant of $605,312.26; and WHEREAS, in order to appropriate the funds, an amendment to the FY 2022/23-24 Operating budget is required.

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. Mayor and City Council hereby authorize the Director of Finance to amend the FY 2022/23-24 adopted operating budget for both revenue and expenditures in the amount of $605,321.26 for no net impact on the General Fund.

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.

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.

28.b
Packet Pg. 1168 Attachment: Attachment 2 - Resolution 2022-134 Amending the FY 2022/23-24 Operating Budget (9024 : Outdoor Equity Grant Award Resolution No. 2022-134
Resolution 2022-134
June 15, 2022

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

28.b
Packet Pg. 1169 Attachment: Attachment 2 - Resolution 2022-134 Amending the FY 2022/23-24 Operating Budget (9024 : Outdoor Equity Grant Award Resolution No. 2022-134
Resolution 2022-134
June 15, 2022

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. 2022-134, adopted at a regular meeting held on the ___ day of _______ 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 ___ day of ____________ 2022.

Genoveva Rocha, CMC, City Clerk

28.b
Packet Pg. 1170 Attachment: Attachment 2 - Resolution 2022-134 Amending the FY 2022/23-24 Operating Budget (9024 : Outdoor Equity Grant Award

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Darren Goodman, Chief of Police
Subject: Setting the 2022 Regulatory Fee for the Sale of Fireworks (All Wards)
Recommendation
Adopt Resolution No. 2022-128 of the Mayor and City Council of the City of San Bernardino, California, setting the 2022 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino.

Background
The City of San Bernardino is one (1) of nine (9) municipalities in the County of San Bernardino that allow for the sale, use, possession, and discharge of fireworks designated as “safe and sane.” Under the current provisions of the Municipal Code “safe and sane” fireworks are permitted in all areas south of the 210 Freeway in the City of San Bernardino (Exhibit A) from noon on July 1st through midnight on July 4th.

The City currently allows up to 35 licenses to nonprofit agencies for the sale of “safe and sane” fireworks each year. In 2021, twenty-six (26) temporary use permits were issued for fireworks stands resulting in gross sales of $1,173,607. A regulatory fee for the sale of “safe and sane” fireworks is established annually by the Mayor and City Council based on the gross sales of all fireworks sold in the City. The purpose of the regulatory fee is to raise funds to cover the reasonable regulatory costs of issuing the licenses to sell safe and sane fireworks and enforcing the provisions of the Municipal Code, including extra personnel time for inspection and enforcement duties.

Discussion
The proposed amount of the regulatory fee is based on the licensee’s fireworks sales financial statements from the prior year. Each licensee is required to submit fireworks sales financial statements to the City Clerk’s Office no later than August 31 of every year. One half of the regulatory fee is to be paid by the licensee and the remaining half is to be paid by the fireworks supplier. In accordance with Section 8.60.095(B) of the Municipal Code, the regulatory fee rate shall not exceed more than ten (10) percent of the total gross sales of fireworks sold in the City during the prescribed time frames (July 1 st through July 4th).

Each year, prior to imposing a fee, staff prepares a study (Exhibit B) of the anticipated 29 Packet Pg. 1171
9047

costs associated with the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Municipal Code, including extra personnel time for inspection and enforcement duties. Exhibit B provides an assessment, itemized by department, of the costs associated with fireworks sales; including the staff time incurred by the Police Department, Finance Department for Business Registration and other related costs. This regulatory fee rate must be adopted through resolution by the Mayor and City Council no later than 7:00 p.m. on July 1, as provided for in Section

8.60.095(B) of the Municipal Code.

Based on the fireworks enforcement plan for this year, the estimated costs to issue licenses to sell safe and sane fireworks and enforce the provisions of the Municipal Code are as follows:
• Police Department regularly scheduled staff time to the fireworks enforcement operation: $104,255.72
• Police Department overtime: $69,713.64
• Finance Department regularly scheduled staff time: $5,712.91 The total projected cost to the City for regulatory fireworks enforcement is $179,682.27.

This amount exceeds the 10% of the total gross sales of fireworks from 2021 ($117,360.74). As a result, staff is recommending that the 2022 Regulatory Fee Rate be set at the maximum rate of 10 percent.
2021-2025 Key Strategic Targets and Goals
Revenue received from the 2022 Regulatory Fee Rate of 10% for the sale of fireworks aligns with Key Target No. 1: Improved Operational and Financial Capacity, by implementing, maintaining, and updating a fiscal accountability plan.

Fiscal Impact
There is no additional General Fund impact associated with this action. The total estimated cost associated with regulating and enforcing the sale of "safe and sane" fireworks in the City this year is $179,682.27. Based on a 10% regulatory fee using the gross sales of all fireworks sold in the City in 2021, in accordance with Section

8.60.096(B) of the Municipal Code, the estimated revenue to be collected is $117,360.74. Estimated amounts were included in the FY 2022/23-24 Operating Budget.

Conclusion
It is recommended that Resolution No. 2022-128 of the Mayor and City Council of the City of San Bernardino, California, setting the 2022 Regulatory Fee for the sale of "safe and sane" fireworks in the City of San Bernardino be adopted.

Attachments
Attachment 1 Resolution 2022-128
Attachment 2 Resolution 2022-128; Exhibit A - Location Map Attachment 3 Resolution 2022-128; Exhibit B - Estimate of Expenditures for 2022 Ward: All
29 Packet Pg. 1172
9047

Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-86 setting the regulatory fee at 10%.

June 17, 2020 Mayor and City Council adopted Resolution No. 2020-130 setting the regulatory fee at 10%.

June 2, 2021 Mayor and City Council adopted Resolution No. 2021-135 setting the regulatory fee at 10%.
29 Packet Pg. 1173
Resolution No. 2022-128
Resolution 2022-128
June 15, 2022

RESOLUTION NO. 2022-128

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
SETTING THE 2022 REGULATORY FEE RATE OF 10%
FOR THE SALE OF "SAFE AND SANE" FIREWORKS IN

THE CITY OF SAN BERNARDINO
WHEREAS, on June 15, 2009, the Mayor and Common Council adopted an urgency ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring half of the fireworks regulatory fee to be paid by the licensee (the non-profit) and half to be paid by the fireworks company that supplies the product; and
WHEREAS, on July 1, 2013, the Mayor and City Council adopted an urgency ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring the regulatory fee be set no later than 7:00 p.m. on July 1 of each year; and WHEREAS, prior to imposing the fee, the City is required to prepare a study of the anticipated costs associated with fireworks education, awareness, and enforcement.

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. That the Mayor and City Council of the City of San Bernardino, California, have determined that the total anticipated costs for the City to cover the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Municipal Code, including extra personnel time for inspection and enforcement duties, for the 2022 season has been calculated at $179,682.27.

SECTION 3. Section 8.60.095 (B) of the City’s Municipal Code provides that the regulatory fee rate not exceed more than 10% of the gross sales of fireworks sold in the City during the prior year.

SECTION 4. In the 2021 fireworks season, 10% of the total gross sales of fireworks as reported by the licensees amounted to $117,360.74.

SECTION 5. The Mayor and City Council hereby set a regulatory fee rate of 10% for 2022.

SECTION 6. 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

29.a
Packet Pg. 1174 Attachment: Attachment 1 - Resolution 2022-128 2022 Fireworks Fee Resolution (9047 : Setting the 2022 Regulatory Fee for the Sale of Resolution No. 2022-128
Resolution 2022-128
June 15, 2022

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 7. 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 8. 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 15
th 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

29.a
Packet Pg. 1175 Attachment: Attachment 1 - Resolution 2022-128 2022 Fireworks Fee Resolution (9047 : Setting the 2022 Regulatory Fee for the Sale of Resolution No. 2022-128
Resolution 2022-128
June 15, 2022

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. 2022-128, adopted at a regular meeting held on the ___ day of _______ 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 ___ day of ____________ 2022.

Genoveva Rocha, CMC, City Clerk

29.a
Packet Pg. 1176 Attachment: Attachment 1 - Resolution 2022-128 2022 Fireworks Fee Resolution (9047 : Setting the 2022 Regulatory Fee for the Sale of

29.b
Packet Pg. 1177
Attachment: Attachment 2 - Exhibit A - MAP (9047 : Setting the 2022 Regulatory Fee for the Sale of Exhibit B
Fireworks 2022
Expenditure Estimates
Police Department Number of
Personnel
Labor Cost
June 1 4 Straight $2517.95
June 2 4 Straight $2517.95
June 3 4 Straight $2517.95
June 6 4 Straight $2517.95
June 7 4 Straight $2517.95
June 8 4 Straight $2517.95
June 9 4 Straight $2517.95
June 10 4 Straight $2517.95
June 13 4 Straight $2517.95
June 14 4 Straight $2517.95
June 15 4 Straight $2517.95
June 16 4 Straight $2517.95
June 174 Overtime $3776.92
June 184 Overtime $3776.92
June 194 Overtime $3776.92
June 20 20+ Straight $9255.04
June 21 20+ Straight $9255.04
June 22 20+ Straight $9255.04
June 23 20+ Straight $9255.04
June 244 Overtime $3776.92
June 254 Overtime $3776.92
June 264 Overtime $3776.92
June 27 20+ Straight $9255.04

29.c
Packet Pg. 1178 Attachment: Attachment 3 - Exhibit B - Estimate of Expenditures for 2022 (9047 : Setting the 2022 Regulatory Fee for the Sale of Fireworks (All Exhibit B
June 28 20+ Straight $9255.04
June 29 20+ Straight $9255.04
June 30 20+ Straight $9255.04
July 1 25 Overtime $11,568.80
July 2 25 Overtime $11,568.80
July 3 25 Overtime $11,568.80
July 4 25 Overtime $11,568.80
July 5 2 Overtime $776.92
Straight Time Total $104,255.72
Overtime Total $69,713.64
Total Cost $173,969.36
Finance Department Number of
Personnel
Labor Cost
Business Registration Representative 1 $3,403.21
Business Registration Manager 1 $2,309.70
Total $5,712.91
Public Education & Awareness Related to Regulatory
Enforcement
Community Affairs Social Media Campaign Straight Time
Total Expenditure Estimates $179,682.27

29.c
Packet Pg. 1179 Attachment: Attachment 3 - Exhibit B - Estimate of Expenditures for 2022 (9047 : Setting the 2022 Regulatory Fee for the Sale of Fireworks (All

Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 15, 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: Approval of the Municipal Facilities License Agreement with New Cingular Wireless PCS (All Wards)
Recommendation
Adopt Resolution No. 2022-129 of the Mayor and City Council of the City of San Bernardino, California, approving the Municipal Facilities License Agreement (MLA) between the City of San Bernardino and New Cingular Wireless PCS, LLC (AT&T) for the installation of Small Cell Facilities on Municipal Facilities; and determine that the MLA is Categorically Exempt from CEQA.

Background
To accommodate the ever-growing demand for wireless services, the telecommunications industry is deploying 5G (fifth generation of cellular mobile communications) technology which improves wireless speeds and network performance. Much of the 5G network upgrade involves placement of low power wireless transmitters that have a small coverage radius (about 400 feet). Streetlight poles and other poles in the Public Rights-of-Way are therefore favored for 5G antenna placement due to their sheer numbers and locations throughout the City. Use of existing poles is typically preferred aesthetically to installing new poles in the Public Rights-of-Way.

As the owner of poles in the Public Right-Of-Way, the City of San Bernardino (“City”) is responsible for entering into license agreements with wireless carriers in order for those carriers to attach to the poles. In 2018, the Federal Communications Commission (FCC) adopted an order to promote the deployment of 5G networks (“FCC Small Cell Order”). Among other things, it imposed short timelines (known as “shot clocks”) for City action on applications for small cells (60 days for small cell installations on existing structures and 90 days for new structures), and it limited the fees localities could charge for use of their poles. Wireless carriers will likely apply for multiple locations in the City, and given the short deadlines (i.e., shot clocks) by which federal law requires the City to act on each wireless application, it is not feasible to take a separate license agreement to the City Council for approval for each installation. Another reason why the Municipal Facilities License Agreement (MLA) is recommended is because Government Code section 65964.1 was recently expanded to provide a deemed granted remedy if the City fails to make a decision on the application within the FCC shot clock period for all types 30 Packet Pg. 1180
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of wireless applications including 5G small cells.

Therefore, staff proposes the approval of the MLA with AT&T. This MLA will provide the City and AT&T with the needed flexibility to add additional locations over time as coverage needs change under the same Agreement, in compliance with the City’s applicable permitting processes and design regulations.

The MLA contains a standard term of 15 years. The MLA provides the flexibility for AT&T to add, remove, or relocate locations in the City under the terms of this Agreement by applying for a Supplement for each location. The MLA requires insurance, indemnification, and explains the parties’ rights and obligations with respect to use, maintenance, and damage to any City infrastructure.

The MLA also includes an annual rent payment for use of the City pole. Under the FCC Order, the FCC declared that all fees (including permit fees and rental fees for use of government-owned infrastructure, such as streetlights) must be cost-based and reasonable. The FCC Order also established a “safe harbor” amount of $270 per pole per year for the rent fee for attachment to municipal poles. The safe harbor amount is presumed reasonable without the need to do a cost study.

The Ninth Circuit Court of Appeals upheld the FCC’s requirements for fees discussed above. Staff recommends that for all periods when the FCC Order is in effect, the annual rent per location be the $270 (as adjusted annually based on the Municipal Cost Index, “MCI,”). If in the future, the FCC Order is no longer in effect, then the annual rent would increase to $1,500.00 per year. This rate reflects the market rate in similar agreements in some other cities in California. Streetlight and other poles have clear value to wireless service providers that the City may reasonably expect to capture through its license pricing.

Discussion
The MLA does not grant present possessory property rights or unfettered access to any specific City-owned property, nor does it provide for the deployment of small cells under relaxed standards or criteria as compared to small cells deployed on other poles not owned by the City without an MLA. Further, the MLA does not function as a substitute for any regulatory approvals that would otherwise be required, including, for example, encroachment permits, traffic control permits, and electrical permits. The MLA merely establishes the procedures, terms, and conditions under which the licensee may request and gain approval from the City as the pole owner to install wireless facilities on City-owned streetlight poles.

The MLA contains uniform terms and conditions applicable to all wireless facilities on City-owned structures in the Public Rights-of-Way, and they work toward accomplishing the following:
• Establishing an application and review process exclusive to City as pole owner, and AT&T.
• City retains absolute authority to deny any Application for a facility that would 30 Packet Pg. 1181
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create a hazardous or unsafe condition, or that fails to comply with the FCC’s RF emissions standards.
• Setting baseline standards for construction, operation and maintenance of AT&T’s facilities on City-owned poles to ensure safe operation and consistency with community aesthetics.
• Strongly encouraging the carrier to utilize existing City-owned poles wherever possible.
• Protecting the City’s streetscapes by requiring compliance with the City’s small cell design standards. (Resolution 2021-151, Design and Development Standards for Wireless Facilities in the Public Right-of-Way.) • Fostering robust wireless broadband services for City residents, businesses, and visitors.
• Preserving, in conjunction with the City’s small cell design standards, aesthetic discretion for deployments on City poles.
• Promoting efficient allocation of City resources to respond to individual applications under the timelines set by the FCC shot clocks. • Protecting the City’s interests through indemnification requirements and limitations on the City’s liability.

Staff recommends that the City Council approves the Municipal Facilities License Agreement with AT&T.
2021-2025 Key Strategic Targets and Goals
Authorization and execution of this Agreement is in alignment with Key Target No. 1 Improved Operational & Financial Capacity, and Key Target No. 4 Economic Growth & Development. The Agreement will provide an opportunity for the City to improve infrastructure and services to the public, while generating revenue from leases of City owned municipal facilities.

Fiscal Impact
Approval of the Municipal Facilities License Agreement will generate revenue for the City for each installation in accordance with federal and state laws. However, due to uncertainty of timing and the unknown quantity of installations, revenue amounts cannot be estimated at this time. Future budget development processes will allow for revenue estimates based upon the number of installations requested, permitted, and completed.

CEQA
The authorization of an MLA 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 forth the legal terms and obligations for use of the City infrastructure in the Public Right-of-Way. The authorization for AT&T to attach antennas to this infrastructure is guided by existing state and federal law and the San Bernardino Municipal Code. This action does not authorize any specific development or installation on any specific piece of property or infrastructure within the City’s boundaries, most of which will be placed on existing infrastructure, and is mostly a means to streamline the contracting process to comply with FCC shot clocks.
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Alternatively, even if the authorization to use this agreement is a “project” within the meaning of State CEQA Guidelines section 15378, the action is exempt from CEQA on multiple grounds. First, the action is exempt from CEQA because the City Council’s action is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). This agreement creates terms for AT&T should they apply to place facilities on City-owned poles in the public right-of-way.

Second, the MLA is also exempt from CEQA because the MLA merely involves the inkind replacement of existing facilities, and minor repair/maintenance of facilitates that already exist, or the installation of small new equipment and facilities in small structures - all of which are exempt under State CEQA Guidelines section 15301, 15302, and 15303 as set forth in the proposed Board Resolution.

None of the exceptions to the categorical exemptions set forth in State CEQA Guidelines section 15300.2 have any applicability here. The MLA will not impact any environmental resource of hazardous or critical concern, will not result in significant cumulative impacts, is not subject to any unusual circumstances that could result in a significant environmental impact, would not damage any scenic resources within a scenic highway, is not located on a hazardous waste site identified on any list compiled pursuant to Government Code section 65962.5, and would not impact any historical resource.

Thus, staff recommends that the Board adopt the MLA and direct staff to file a CEQA Notice of Exemption, as set forth in the attached Board resolution.

Conclusion
Adopt Resolution No. 2022-129 of the Mayor and City Council of the City of San Bernardino, California, approving the Municipal Facilities License Agreement (MLA) between the City of San Bernardino and New Cingular Wireless PCS, LLC (AT&T) for the installation of Small Cell Facilities on Municipal Facilities; and determine that the MLA is Categorically Exempt from CEQA.

Attachments
Attachment 1 Resolution 2022-129
Attachment 2 Resolution 2022-129; Exhibit A - Municipal Facilities License Agreement
Ward: All
Synopsis of Previous Council Actions: None
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Resolution No. 2022-129
Resolution 2022-129
June 15, 2022

RESOLUTION NO.2022-129

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE MUNICIPAL FACILITY LICENSE

AGREEMENT BETWEEN THE CITY OF SAN

BERNARDINO, AND NEW CINGULAR WIRELESS PCS,

LLC FOR THE INSTALLATION OF SMALL CELL
FACILITIES ON MUNICIPAL FACILITIES; AND

DETERMINE THAT THE MLA IS CATEGORICALLY

EXEMPT FROM CEQA
WHEREAS, the City of San Bernardino, a California municipal corporation, is the owner of certain municipal facilities located in the Public Right-of-Way of the City of San Bernardino, California (“Municipal Facilities”); and
WHEREAS, New Cingular Wireless PCS, LLC (“AT&T”) is authorized to conduct business as a telephone corporation in the State of California; and WHEREAS, AT&T desires to use space on certain Municipal Facilities to construct, attach, install, operate, and maintain equipment for wireless, telecommunications and mobile data services; and
WHEREAS, the City of San Bernardino, California, is willing to allow AT&T to license portions of the Municipal Facilities, subject to the terms and conditions of the Municipal Facility License Agreement; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code, § 2100 et seq.), the State CEQA Guidelines (California Code of Regulations, Title 14, § 15000 et seq.), and the District’s local CEQA Guidelines (collectively, “CEQA”),the District is the lead agency for the Municipal Facility License Agreement; and WHEREAS, in accordance with State CEQA Guidelines section 15061, the District evaluated the Municipal Facility License Agreement to evaluate whether an exemption from CEQA applied.

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 and direct the City Manager to execute the Municipal Facility License Agreement between the City of San Bernardino, California, and New Cingular Wireless PCS, LLC attached hereto as “Exhibit A”.

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Resolution 2022-129
June 15, 2022

SECTION 3. The authorization to execute the above-referenced Municipal Facility License Agreement is rescinded if the parties to the Agreement fail to execute it with 90 days of the passage of this resolution.

SECTION 4. The authorization of a Master Facility License Agreement 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. The agreement sets forth the legal terms and obligations for use of the City infrastructure in the Public Right-of-Way. The authorization provided to AT&T to attach antennas to this infrastructure is guided by existing state and federal law and the San Bernardino Municipal Code. This action does not authorize any specific development or installation on any specific piece of property within the City’s boundaries, most of which will be placed on existing infrastructure, and is mostly a means to streamline the contracting process to comply with Federal Communications Commission shot clocks. Alternatively, even if the authorization to use this agreement is a “project” within the meaning of State CEQA Guidelines section 15378, the action is exempt from CEQA on multiple grounds. First, the action is exempt from CEQA because the City Council’s action is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). This template agreement creates terms for AT&T should they apply to place facilities in the public Right-of-Way, often on existing City infrastructure. Second, the MLA is also categorically exempt from CEQA because the MLA merely involves the in-kind replacement of existing facilities (State CEQA Guidelines, § 15301), and minor repair/maintenance of facilitates that already exist (State CEQA Guidelines, § 15302), or the installation of small new equipment and facilities in small structures (State CEQA Guidelines, § 15303). None of the exceptions to the categorical exemptions set forth in State CEQA Guidelines section 15300.2 have any applicability here. The MLA will not impact any environmental resource of hazardous or critical concern, will not result in significant cumulative impacts, is not subject to any unusual circumstances that could result in a significant environmental impact, would not damage any scenic resources within a scenic highway, is not located on a hazardous waste site identified on any list compiled pursuant to Government Code section 65962.5, and would not impact any historical resource.

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 City Clerk this 15th day of June 2022.

John Valdivia, Mayor

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Resolution 2022-129
June 15, 2022

City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution 2022-129
June 15, 2022

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-___, adopted at a regular meeting held on the ___ day of _______ 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 ___ day of ____________ 2022.

Genoveva Rocha, CMC, City Clerk

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MUNICIPAL FACILITY LICENSE AGREEMENT
THIS MUNICIPAL FACILITY LICENSE AGREEMENT (the “Agreement”) is dated as of _________________, 20___ (the date fully executed by all parties, referred to herein as “Effective Date”), and entered into by and between the City of San Bernardino, a California municipal corporation (the “Licensor”), and New Cingular Wireless PCS, LLC (“Licensee”).

Licensor and Licensee are referred to herein collectively as the “Parties” or individually as a “Party.”
Recitals
A. WHEREAS, the Licensor is the owner of certain Municipal Facilities (as defined below) located in the Rights-of-Way (as defined below) of the City of San Bernardino (“City”); B. WHEREAS, Licensee is authorized to conduct business as a telephone corporation in the State of California;
C. WHEREAS, Licensee desires to use space on certain of the Licensor’s Municipal Facilities in the Rights-of-Way to construct, attach, install, operate, and maintain of its Equipment (as defined below) ;
D. WHEREAS, Licensor is willing to allow Licensee to use and physically occupy portions of the Municipal Facilities in the Rights-of-Way subject to the terms and conditions of this Agreement.

Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions:

1. DEFINITIONS. The following definitions shall apply generally to the provisions of this Agreement:

1.1 “Equipment” means the equipment cabinets, antennas, utilities, and fiber optic cables, wires, and related equipment, whether referred to individually or collectively, to be installed on a Municipal Facility and operated by Licensee under a particular Supplement.

1.2 “Hazardous Substance” means any substance, chemical or waste that is identified as hazardous or toxic in any applicable federal, state or local law or regulation, including, but not limited to, petroleum products and asbestos.

1.3 “Laws” means any and all applicable statutes, codes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, court orders, or other requirements of the Licensor or other governmental agency having joint or several jurisdiction over the parties to this Agreement as such laws may be amended from time to time.

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1.4 “License Fee” means the compensation paid under any Supplement for use of the Municipal Facilities.

1.5 “Make-Ready Work” means the work required on or in a Municipal Facility to create space for the Equipment, and/or replacing and/or reinforcing the existing Municipal Facility to accommodate Equipment including, but not limited to, rearrangement or transfer of existing Equipment and the facilities of other entities, and Municipal Facility relocation and replacement if applicable.

1.6 “Municipal Facilities” means Licensor-owned structures, objects, and equipment in the ROW, including, but not limited to, street lights , traffic control structures, banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the ROW, and may refer to such facilities in the singular or plural, as appropriate to the context in which used. The term includes Replacement Facilities referred to in Section 4.1.3.

1.7 “Person” means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture, or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons.

1.8 “PUC” means the California Public Utilities Commission.

1.9 “Right(s)-of-Way” or “ROW” means and includes any public street, public easement, public highway, public alley, public way, public right-of-way, or public road within the City of San Bernardino.

1.10 “Services” means the transmission and reception of communications signals for the provision of personal wireless services, telecommunications services and mobile data services and the installation, construction, modification, maintenance, operation, repair, replacement and upgrade of Equipment to provide such services.

1.11 “Supplement” shall mean each separate authorization, granted by Licensor to Licensee with regard to a specific Equipment installation, the form of which is attached hereto as Exhibit A, each and every of which shall be subject to the terms and conditions of this Agreement.

1.12 “Transfer” means any transaction in which the rights and/or obligations held by Licensee under this Agreement or a Supplement are transferred, directly or indirectly, in whole or in part to a party other than Licensee.

2. TERM; SUPPLEMENT TERM.

2.1 Term. The initial term of this Agreement shall be for a period of Fifteen (15) years (the “Initial Term”), commencing on the Effective Date and ending on the Fifteenth (15th) anniversary thereof, unless sooner terminated as stated herein. The Initial Term shall be collectively referred to herein as the “Term.” Any holding over after the termination or expiration of the Term shall constitute a default by Licensee, notwithstanding that Licensor may elect to accept one or more payments of fees from Licensee after such default occurs.

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2.2 Supplement Term. Unless otherwise specified in a Supplement, the initial term for each particular Supplement shall begin on its effective date (“Supplement Effective Date”) and shall end upon the expiration of the Term, unless such individual Supplement is earlier terminated or this Agreement is extended or terminated, as provided for herein (the “Supplement Term”). All of the provisions of this Agreement shall be in effect during the Supplement Term. The expiration or termination of the Agreement shall immediately terminate all Supplements. Any holding over after the expiration of the Supplement Term shall constitute a default by Licensee, notwithstanding that Licensor may elect to accept one or more payments of fees from Licensee after such default occurs.

3. REPRESENTATION CONCERNING SERVICES; NO AUTHORIZATION TO PROVIDE OTHER SERVICES. Licensee represents, warrants, and covenants that its Equipment installed pursuant to this Agreement and each Supplement will be utilized solely for providing the Services, and Licensee is not authorized to and shall not use its Equipment installed on Municipal Facilities to offer or provide any other services not specified herein without Licensor consent. At any time that Licensee ceases to operate as a provider of Services under federal or state law, it shall provide written notice of the same to Licensor within seven (7) days of such cessation, at which time the Licensor shall have the option, in its sole discretion and upon six (6) months’ written notice to Licensee, to terminate this Agreement and to require the removal of Licensee’s Equipment from the ROW and from Municipal Facilities, including the cost of any site remediation, at no cost to the Licensor, without any liability to Licensee related directly or indirectly to such termination.

4. SCOPE OF AGREEMENT. Licensee may only use Municipal Facilities pursuant to an approved Supplement. Any and all rights expressly granted to Licensee under this Agreement shall be exercised at Licensee’s sole cost and expense, and shall be subject to the restrictions set forth herein

4.1 Attachment to Municipal Facilities. Subject to the conditions herein, Licensor hereby authorizes and permits Licensee to locate, place, attach, install, operate, maintain, control, remove, reattach, reinstall, relocate, and replace Equipment on identified Municipal Facilities located in the ROW for the purpose of providing Services.

4.1.1 Licensee will submit to the authorized representative of the Licensor an application substantially in the form of Exhibit B (“Application”) and Supplement Application Form hereto including a proposed design for any proposed Equipment installations that identifies both the Equipment and the Municipal Facilities Licensee proposes to use. One Application is required per Municipal Facility.

4.1.2 Licensor may approve, approve with conditions, or disapprove an Application in its sole discretion; provided however, that Licensor shall not unreasonably delay its decision. Any approved Equipment shall be included as part of the applicable Supplement.

4.1.3 If Licensee submits an Application to use a Municipal Facility that is structurally inadequate or otherwise unsuitable to accommodate its proposed Equipment, Licensor may permit the replacement of the Municipal Facility (a “Replacement Facility”) with one that is acceptable to and approved by the Licensor as part of the applicable Supplement. Any

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Replacement Facility shall be installed and maintained in accordance with Section 6.7.3 of this Agreement.

4.1.4 Metered Electricity. Licensee shall be solely responsible for obtaining and maintaining the provision of electricity to the Equipment, including, but not limited to, making payments to electric utilities. Licensee shall secure metered electricity services and obtain approval from Southern California Edison.

4.2 Additional Authority. This Agreement is not an authorization to use Right-ofWay. Nothing in this Agreement shall limit in any way, or is a substitute for, Licensee’s obligation to obtain any additional required franchises, authorizations, approvals or permits from any City department, board, commission, or other governmental agency that has authority over the Licensee’s proposed activities involving use of the Municipal Facilities in the ROW or limit the Licensor’s exercise of rights that it may have in connection with the grant or exercise of such franchises, authorizations, approvals or permits, whether or not such activities involve Services.

Without limiting the generality of the foregoing, Licensor believes it may have the right to require a franchise and franchise fees under Cal. Cal. Const. Art. XII, Section 8, or franchise fees under Section 5840(q) of the Digital Infrastructure and Video Competition Act (as codified in Public Utilities Code section 5800 et seq.) (“DIVCA”) or federal law, 47 U.S.C. 542, and Licensor does not intend by entering into this Agreement to waive any of those rights or any legal arguments it might make to defend such rights. Licensee by entering into this Agreement does not waive any rights or arguments it might have under state or federal law. The Parties do not intend to resolve those disputes here nor do they intend to create uncertainty about what services can be offered under this Agreement. If Licensor demands a franchise or franchise fees pursuant to DIVCA or other state or federal law, or if there is a change of law or other legal development under which the services being provided by Licensee pursuant to this Agreement are subject to a franchise or franchise fees under DIVCA or other state or federal law, the Parties will meet and confer in good faith for a period not to exceed one hundred and twenty (120) days (“the Negotiation Period”) to negotiate terms, including any compensation owed by Licensee to the City under DIVCA or other state or federal law. If the Parties are not able to reach agreement during the Negotiation Period, the parties may exercise any remedies that they may have. However, the Parties agree that in no instance shall Licensor seek to prevent Licensee from providing any such service under this Agreement.

4.3 No Interference. Licensee acknowledges and agrees that the primary purpose of the Municipal Facilities is to serve the Licensor and the public. In the performance and exercise of its rights and obligations under this Agreement, Licensee shall not interfere in any manner with Licensor’s own services or the existence and operation of any and all public and private rights-ofway, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, traffic signals, communication facilities owned by the Licensor, electroliers, cable television, location monitoring services, public safety and other then existing telecommunications equipment, utilities, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable laws or this Agreement. If such interference should occur, Licensee shall discontinue using the Equipment, methodology, or technology that causes the interference until such time as Licensee takes corrective measures to eliminate such interference. In the event that such interference does not cease promptly, Licensee acknowledges that continuing interference may

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cause irreparable injury and harm, and therefore, in addition to any other remedies, and without limitation of any other remedy, Licensor shall be entitled to seek temporary and permanent injunctions against the breach of this Subsection. Notwithstanding the foregoing, Licensor and Licensee agree to work in good faith with each other and any other affected party to resolve any interference to or by Licensee.

4.4 Permits; Default. In addition to any other remedies available hereunder, whenever Licensee is in default of this Agreement or an applicable Supplement, after notice and applicable cure periods, Licensor may deny further encroachment, excavation, or similar permits for work in connection with installations under this Agreement until such time as Licensee cures all of its defaults.

4.5 Compliance with Laws. Licensee shall comply with all Laws in the exercise and performance of its rights and obligations under this Agreement.

4.6 Non-Exclusive Use Rights. Notwithstanding any other provision of this Agreement, any and all rights expressly or impliedly granted to Licensee under this Agreement shall be non-exclusive, and shall be subject and subordinate to (1) the continuing right of the Licensor to use, and to allow any other person or persons to use, any and all parts of the ROW or Municipal Facilities, exclusively or concurrently with any other person or persons, and (2) the public easement for streets and any and all other deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title (collectively, “Encumbrances”) which may affect the ROW or Municipal Facilities now or at any time during the term of this Agreement, including, without limitation any Encumbrances granted, created, or allowed by the Licensor at any time.

5. COMPENSATION. Licensee shall be solely responsible for the payment of all fees in connection with Licensee’s performance under this Agreement, including, but not limited to, those set forth below.

5.1 One Time Fees. The Licensor activities described in Section 5.1 are “One-Time Fees” that reimburses the City for its costs associated with reviewing and approving applications to attach Equipment on identified Municipal Facilities located in the ROW, this Agreement and Supplements to this Agreement for additional locations. The Licensor shall track its time spent reviewing the Licensee submittals for Licenses, Supplements and associated permit activities described below, and charge its hourly rate for any time spent above the amount to be recovered by any established fee. The fee amounts shall be assessed and administered consistent with standard Licensor practice and fee schedule(s) as currently adopted and subsequently amended or replaced, in a manner consistent with applicable law.

5.1.1 Permit Fees. Licensee shall be responsible for paying all costs associated with City review, processing and inspection as part of all permit applications filed for the installation, modification, maintenance and removal of Equipment on identified Municipal Facilities located in the ROW.

5.1.2 License and Supplement Fee. Licensee shall be responsible for paying all costs associated with City review and processing of this License and any Supplements thereto (or

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any amendment thereto) and/or the other administrative review, consultation, and inspection described in this License, including review of Company submittals.

5.2 License Fees.

5.2.1 Licensee acknowledges that the FCC has adopted a Declaratory Ruling (FCC 18-133) that went into effect on January 14, 2019 and is currently the subject of litigation.

Among other things, that Declaratory Ruling holds that fair and reasonable compensation for use of local government-owned structures in the ROW must be cost-based (“Cost-Based Requirement”), and establishes a safe harbor of two hundred seventy dollars ($270) per year per facility (“Safe Harbor Rent”). This section 5.2 governs the payment of rent and how it may be impacted by the Declaratory Ruling and the resolution of related litigation during the Term and any renewal terms.

5.2.2 Safe Harbor Rent. Licensee shall pay to the Licensor the Safe Harbor, subject to annual adjustment under paragraph 5.2.6, unless and until an alternative rent is applicable under paragraphs 5.2.3, 5.2.4, or 5.2.5.

5.2.3 New Safe Harbor Rent. During any period in which the Cost-Based Requirement is in effect, if the FCC establishes a new safe harbor recurring fee (“New Safe Harbor Rent”), any new Supplements entered into thereafter shall commence at the New Safe Harbor Rent, subject to annual adjustment under Paragraph 5.2.6, unless and until an alternative rent is applicable under paragraphs 5.2.4 or 5.2.5.

5.2.4 Cost Study Adjustments. During any period in which the Cost-Based Requirement is in effect, Licensor reserves the right to adjust recurring fees paid in paragraphs

5.2.2 and 5.2.3 if, based on a study of its actual costs, an adjusted recurring fee meets the CostBased Requirement (“Cost Study Adjustment”). In the event the Licensor conducts a study hereunder, the Licensor must provide any study and a breakdown of actual costs considered resulting in a Cost Study Adjustment and Licensee shall reimburse the Licensor for a proportional share of the costs of conducting such study, based on the number of the then-current licensees who will be subject to Cost Study Adjustment.

5.2.5 Alternate Rent. In the event that the Cost-Based Requirement ceases to be effective (for example, because the FCC Order is stayed, or the Cost-Based Requirement is vacated or invalidated), the Licensee shall automatically and immediately be obligated to pay Alternate Rent as described in this paragraph and paragraph 5.2.7, if applicable. For each location covered by a Supplement, Licensee shall pay to the Licensor alternate rent in the base amount of one thousand five hundred dollars ($1,500.00) per calendar year, subject to adjustment under Paragraph 5.2.6 (“Alternate Rent”).

5.2.6 Escalator. The applicable rent from Paragraphs 5.2.2, 5.2.3, 5.2.4, and 5.2.5 shall be subject to an annual adjustment of three percent (3%) applied on each anniversary of the Effective Date. Any new Supplements entered into during a given year shall commence at the applicable rent, as adjusted.

5.2.7 Timing of Rent Adjustment. The Licensor agrees that irrespective of whether the relevant provisions of the FCC Declaratory Ruling (FCC 18-133) cease to be effective,

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no Alternate Rent shall be due for any periods during which the Cost-Based Requirement is in effect. However, if Licensee has paid Rent pursuant to the provisions of paragraphs 5.2.2, 5.2.3, or 5.2.4 above for a calendar year, and the conditions in paragraph 5.2.5 occur triggering the Alternate Rent provision during the same calendar year, the Licensee shall pay the difference between the Safe Harbor Rent, New Safe Harbor Rent, or Cost Study Adjustment, as applicable, and the Alternate Rent for the period from the date that the Alternate Rent provision is triggered until the next anniversary of the Effective Date (“Rent Adjustment”). Such Rent Adjustment shall be paid to Licensor along with the next License Fee payment.

5.3 Payment.

5.3.1 Licensee shall make the first payment of the License Fee under any Supplement within forty-five (45) days of the Supplement Effective Date (as defined therein). The amount of the first payment of the License Fee for any Supplement shall be prorated to cover the period from the Supplement Effective Date of the applicable Supplement to the next anniversary of the Effective Date of this Agreement. Thereafter, the License Fee shall be paid in advance for each Municipal Facility used on or before each anniversary of the Effective Date. Acceptance by Licensor of any payment of the License Fee shall not be deemed a waiver by Licensor of any breach of this Agreement occurring prior thereto, nor will the acceptance by Licensor of any such payment preclude Licensor from later establishing that a greater amount was actually due or from collecting any balance that is due. As a prerequisite to the payment of License Fee, Licensor hereby agrees to provide to Licensee certain documentation (the “License Documentation”) evidencing Licensor’s interest in, and right to receive payments under, this Agreement, including without limitation: (i) a complete and fully executed Internal Revenue Service Form W-9, or equivalent, in a form acceptable to Licensee, for any party to whom License Fee payments are to be made pursuant to this Agreement; and (ii) other documentation requested by Licensee in Licensee’s reasonable discretion. From time to time during the Term of this Agreement and within thirty (30) days of a written request from Licensee, Licensor agrees to provide updated License Documentation in a form reasonably acceptable to Licensee. There shall be no refunds of rent paid due to the termination or expiration of the Agreement or any Supplement for any reason.

5.3.2 Receipt of any Safe Harbor Rent, New Safe Harbor Rent, or Alternate Rent by the Licensor, with knowledge of any breach of this Agreement by Licensee, or of any default on the part of Licensee in the observance or performance of any of the conditions or covenants of this Agreement, shall not be deemed a waiver of any provision of this Agreement.

5.3.3 No Accord or Satisfaction. The acceptance of any rent shall not be treated as an accord or satisfaction.

5.3.4 The License Fee shall be paid by check made payable to the City and mailed or delivered to the Public Works/Engineering Department, at the address provided for in Section 10 below. The place and time of payment may be changed at any time by Licensor upon thirty (30) days’ written notice to Licensee. Mailed payments shall be deemed paid upon the date such payment is officially postmarked by the United States Postal Service. If postmarks are illegible to read, the payment shall be deemed paid upon actual receipt. Licensee assumes all risk of loss and responsibility for late payment charges if payments are made by mail. Notwithstanding the foregoing, upon agreement of the parties, Licensee may pay the License Fee by electronic funds

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transfer, and if agreed, the Licensor will provide to Licensee bank routing information for such purpose upon request of Licensee.

5.4 Delinquent Payment. A Ten percent (10%) late fee shall be added to the License Fee if not received by Licensor within 30 calendar days after the due date. All late fees shall be treated as part of, and subject to the same terms as, the License Fee under this Agreement.

5.5 Additional Remedies. The late fee set forth in Section 5.4 above is not exclusive, and does not preclude the Licensor from pursuing any other or additional remedies in the event that payments become overdue by more than thirty 30 days.

6. CONSTRUCTION. Licensee shall comply with all applicable federal, state, and local codes related to the construction, installation, operation, maintenance, and control of Licensee’s Equipment installed on Municipal Facilities. Licensee shall not attach, install, maintain, or operate any Equipment on Municipal Facilities without the prior written approval of an authorized representative of the Licensor for each location as evidenced in a signed Supplement. Licensee shall keep the Municipal Facilities free and clear from any liens arising out of any work performed, material furnished, or obligations incurred by or for Licensee.

6.1 Installation and Operation. Licensee shall promptly furnish to Licensor a current list and map that identifies the exact location of the Equipment in or on the Municipal Facility.

That information must be provided in a format that is compatible with Licensor’s information technology, including but not limited to ESRI compatible GIS shapefiles, which Licensor shall provide to Licensee upon request. The installation and construction authorized by wireless encroachment permit shall begin within six (6) months after its approval, or it will expire without further action by the City. The installation and construction shall conclude, including any necessary post-installation repairs and/or restoration to the ROW, within 60 days following the day construction commenced. The operation of the approved facility shall commence no later than sixty (60) days after the completion of installation, or the wireless encroachment permit will expire without further action by the City, unless the time for action is extended by the City, in its sole and absolute discretion, for good cause.

6.2 Design Standards.

Licensee shall design, construct, and install the Equipment and any Replacement Facility in compliance with the design standards set forth pursuant to Section 12.05.050(d) of the City of San Bernardino Municipal Code, or any applicable successor provision(s), and the City permit and conditions of approval. All future Supplements and modifications to existing Equipment shall be subject to then-current design standards in the City of San Bernardino. By entering into this Agreement, Licensee agrees that the design standards required by this Section are technically feasible and reasonably directed at accomplishing the aesthetic goals of Licensor.

6.3 Obtaining Required Permits. Licensee acknowledges that in addition to a signed Supplement, each installation of Equipment and maintenance thereof shall also be subject to thencurrent City permitting requirements as set out in the City’s Municipal Code. Licensee agrees to comply with the current applicable ordinances regarding such installations and maintenance as well as any future regulations that may be adopted by the City related to such installations and

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maintenance. Licensee shall apply for the appropriate permits and pay any standard and customary permit fees.

6.4 Relocation and Displacement of Equipment.

6.4.1 This Agreement creates no right for Licensee to receive any relocation assistance or payment for any reason under the Relocation Assistance Act, the Uniform Relocation Assistance Act, or under any existing or future law upon any termination of tenancy.

6.4.2 Licensee understands and acknowledges that Licensor may require Licensee to relocate one or more of its Equipment installations. Licensee shall at Licensor’s direction and upon ninety (90) days’ prior written notice to Licensee, relocate such Equipment at Licensee’s sole cost and expense whenever Licensor reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, modification, completion, repair, relocation, or maintenance of a Licensor or other public agency project; (b) because the Equipment is interfering with or adversely affecting proper operation of Licensor-owned Municipal Facilities; or (c) to protect or preserve the public health or safety, including, but not limited to, the safe or efficient use of rights-of-way. In any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent alternate location. If Licensee shall fail to relocate any Equipment as requested by the Licensor within the prescribed time, Licensor shall be entitled to remove or relocate the Equipment at Licensee’s sole cost and expense, without further notice to Licensee. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal within thirty (30) days of the date of a written demand for this payment from the Licensor.

6.4.3 To the extent the Licensor has actual knowledge thereof, the Licensor will attempt promptly to inform Licensee of the displacement or removal of any Municipal Facility on which any Equipment is located.

6.5 Relocations at Licensee’s Request. In the event Licensee desires to relocate any Equipment from one Municipal Facility to another, Licensee shall so advise Licensor. Licensor will use reasonable efforts to accommodate Licensee by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Agreement. Licensor may require Licensee to submit an application and/or enter into a new Supplement for the prospective relocation site. Licensee shall be liable for all costs of relocation, including any costs which Licensor may incur.

6.6 Make Ready

6.6.1 Make Ready Work and Costs.
(a) Licensee shall bear responsibility for all Make-Ready Work. If a Person other than Licensee or Licensor would have to rearrange or adjust any of its facilities in order to accommodate new Equipment, Licensee shall be responsible, at Licensee’s sole expense, to coordinate such activity. Licensee shall be responsible for directly paying such other Person for its charges for the same. If Licensee is requested by another Person, in comparable circumstances,

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to relocate or adjust any Equipment to accommodate that Person’s facilities, subject to Licensor’s written approval of such relocation, Licensee shall reasonably cooperate with such request. (b) Construction, installation, and operation of the Equipment shall be conditioned on the completion of all Make-Ready Work needed to establish full compliance with the National Electrical Safety Code (“NESC”), and with Licensor’s regulatory rules and engineering standards; provided, however, that Licensee shall not be responsible for any thirdparty or Licensor costs necessary to correct third party or Licensor attachments that are noncompliant at the time of Licensee’s Application.

6.6.2 Notification of Completion of Installation. Within twenty (20) business days of completing the installation of Equipment on each Municipal Facility, Licensee shall notify Licensor of such completion. The Licensee shall submit an as-built drawing within ninety (90) days after installation of the facility. As-built shall be in an electronic format acceptable to the City.

6.7 Replacement Facilities

6.7.1 Ownership of Replacement Facilities
Licensor shall own any approved Replacement Facility. Upon completion of its installation and acceptance by City, Replacement Facility shall become the City’s property. Where needed, Licensee shall cooperate with Licensor to transfer ownership and any associated warranties of any Replacement Facility from Licensee to Licensor without charge to Licensor. As such, Licensee shall execute any commercially reasonable documents required by the City to cause the Replacement Facility to transfer of ownership to the City.

6.7.2 Replacement Facility Installation
If Licensee is performing Make-Ready Work, Licensee shall be responsible for providing and installing any approved Replacement Facility. The Licensee shall be responsible for all costs to procure and install a Replacement Facility consistent with City standards. The Replacement Facility shall be subject to the review and approval of the City. In the event a Municipal Facility has been removed and a Replacement Facility for that Municipal Facility has not been accepted by the City prior to the termination of this Agreement, Licensee shall be responsible for all costs and expenses associated with making such commercially reasonable adjustments to the Replacement Facility so that it is consistent with City standards. Such light pole shall be subject to the review and approval process set forth herein.

6.8 Damage, Maintenance & Repair.

6.8.1 General Maintenance – Licensor shall maintain and keep the Municipal Facilities authorized to be used by Licensee pursuant to any Supplement in good condition in accordance with Licensor’s standard maintenance requirements. The site and the facility,

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including, but not limited to, all landscaping, fencing, and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans. All graffiti on Equipment, Municipal Facilities authorized to be used by Licensee, and Replacement Facilities must be removed as the sole expense of the Licensee within forty eight (48) hours after notification from the City. All maintenance work performed by Licensee shall be at Licensee’s sole cost and expense.

6.8.2 Licensee shall, at its sole cost and expense and to the satisfaction of the Licensor: (a) remove, repair, or replace any of its Equipment that is damaged or becomes detached; and/or (b) repair any damage to ROW, Municipal Facilities, or other property, whether public or private, caused by Licensee, its agents, employees, or contractors in their actions relating to attachment, operation, repair, or maintenance of Equipment. Licensee shall complete such removal, repair, or replacement within thirty (30) days’ of written notice.

6.8.3 In the event that a Replacement Facility needs to be cleared from the ROW, Licensor shall conduct this work. In the event a Replacement Facility needs to be replaced or repaired, Licensee shall conduct this work at Licensee’s own expense. In this case Licensee will notify Licensor at 909-384-5018_forty-eight (48) hours before beginning the work..

6.8.4 If Licensee does not remove, repair, replace, or otherwise remediate such damage to its Equipment, a Replacement Facility, or to the ROW, Municipal Facilities or other property as required in this Section 6.8, the Licensor shall have the option to perform or cause to be performed such removal, repair, or replacement on behalf of Licensee and shall charge Licensee for the actual costs incurred by the Licensor. If such damage causes a public health or safety emergency, as reasonably determined by Licensor, Licensor may immediately perform reasonable and necessary repair or removal work on behalf of Licensee and will notify Licensee as soon as practicable; provided, however, that such repair work shall not include any technical work on Licensee’s Equipment. Licensor shall have no obligation to maintain or safeguard the Equipment.

6.8.5 Upon the receipt of a demand for payment by the Licensor pursuant to this Section 6.8, Licensee shall within thirty (30) days of such receipt reimburse the Licensor for such costs.

6.8.6 The terms of this Section 6.8 shall survive the expiration termination of this Agreement.

6.9 Change in Equipment. If Licensee desires to install Equipment which is different in any material way from the then-existing and approved Equipment, then Licensee shall first obtain the written approval for the use and installation of such Equipment from an authorized representative of the Licensor. Any such approval shall take the form of an amendment to the applicable Supplement. In addition to any other submittal requirements, and if requested by Licensor, Licensee shall provide “load” (structural) calculations for all Equipment changes. In addition to the foregoing, Licensee shall comply with any other applicable City permitting or approval process for the Equipment change. Notwithstanding the foregoing, Licensor's approval for modifications or an amendment to the applicable Supplement shall not be required in connection with routine maintenance or modifications that consist of upgrades or replacement of

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"like-kind" Equipment which is substantially similar (or smaller in size) in appearance, dimensions, weight, and RF emissions to the then-existing and approved Equipment.

6.10 Unauthorized Equipment. If Licensor discovers any Equipment has been installed on Municipal Facilities without authorization pursuant to a Supplement, Licensor may send an invoice to Licensee for a sum equal to five (5) times the then-current License Fee as compensation for the unauthorized attachments, and, within sixty (60) days from the date of such invoice, Licensee shall (i) pay the invoiced amount to Licensor and submit an Application for the unauthorized Equipment, or (ii) produce documentation showing Licensor’s prior approval of the Equipment identified in the invoice. If, in accordance with this Section, Licensee fails to pay all fees and submit the Application or submit documentation satisfactorily showing Licensor’s prior approval within sixty (60) days of Licensor’s invoice, Licensor may remove the unauthorized Equipment at Licensee’s expense. If Licensor removes such unauthorized Equipment, such Equipment shall become the property of Licensor, who shall have sole rights over such Equipment’s disposition. Licensor’s removal of unauthorized Equipment shall not release Licensee from its obligation to pay those invoiced fees accruing pursuant to this Section.

6.11 Termination of a Supplement.

6.11.1 Licensee shall have the right to terminate any Supplement on thirty (30) days’ notice to Licensor. In the event of such termination, removal of Equipment associated with the terminated Supplement shall be governed by Section 6.12 below and Licensor shall retain any License Fee paid, without refund or setoff.

6.11.2 Licensor shall have the right to terminate any Supplement in any of the following circumstances: if Licensor determines the covered Equipment has been inoperative, or abandoned, for six (6) consecutive months; if Licensee’s operation under a particular Supplement is deemed by Licensor to endanger or pose a threat to the public health, safety, or welfare or interfere with the normal day-to-day operation of any Licensor department or service; or Licensor is mandated by law, a court order or decision, or the federal, state, or local government to take certain actions that will cause or require the removal of an Equipment. Licensor shall provide written notice to Licensee regarding its intent to terminate the applicable Supplement pursuant to this Section, after which Licensee shall have thirty (30) days to cure. If Licensee does not cure within thirty (30) days following notice, Licensor may then terminate the applicable Supplement upon written notice to Licensee.

6.12 Removal of Equipment. Within forty-five (45) days after the expiration or earlier termination of a Supplement, Licensee shall promptly, safely, and carefully remove the Equipment covered by the terminated or expired Supplement from the applicable Municipal Facility and ROW. Within thirty (30) days after the expiration or earlier termination of this Agreement, Licensee shall promptly, safely, and carefully remove all Equipment from all applicable Municipal Facilities and ROW. If Licensee fails to complete removal work pursuant to this Section, then the Licensor, upon written notice to Licensee, shall have the right at the Licensor’s sole election, but not the obligation, to perform this removal work and charge Licensee for the actual costs and expenses, including, without limitation, reasonable administrative costs. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal within thirty (30) days of the date of a written

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demand for this payment from the Licensor. After the Licensor receives the reimbursement payment from Licensee for the removal work performed by the Licensor, the Licensor shall promptly make available to Licensee the property belonging to Licensee and removed by the Licensor pursuant to this Section at no additional liability to the Licensor. If the Licensor does not receive reimbursement payment from Licensee within such thirty (30) days, or if Licensor does not elect to remove such items at the Licensor’s cost after Licensee’s failure to so remove pursuant to this Section, or if Licensee does not remove Licensee’s property within thirty (30) days of such property having been made available by the Licensor after Licensee’s payment of removal reimbursement as described above, any items of Licensee’s property remaining on or about the ROW, Municipal Facilities, or stored by the Licensor after the Licensor’s removal thereof may, at the Licensor’s option, be deemed abandoned and the Licensor may dispose of such property in any manner by allowed for by Law. Alternatively, the Licensor may elect to take title to the abandoned property, and Licensee shall submit to the Licensor an instrument satisfactory to the Licensor transferring to the Licensor the ownership of such property. The provisions of this Section shall survive the expiration or earlier termination of this Agreement.

6.13 Risk of Loss. Licensee acknowledges and agrees that Licensee, subject to the terms of this Agreement, bears all risks of loss, damage, relocation, or replacement of its Equipment and materials installed in the ROW or on Municipal Facilities pursuant to this Agreement from any cause, and Licensor shall not be liable for any cost of replacement or of repair to damaged Equipment, including, without limitation, damage caused by the Licensor’s removal of the Equipment, except to the extent that such loss or damage was caused by the willful misconduct or gross negligence of the Licensor, including, without limitation, each of its elected officials, department directors, managers, officers, agents, employees, and contractors, subject to the limitation of liability provided in Section 7.3 below.

6.14 Hazardous Substances. Licensee agrees that Licensee, its contractors, subcontractors, and agents, will not use, generate, store, produce, transport, or dispose any Hazardous Substance on, under, about or within the area of a ROW or Municipal Facility in violation of any Law. Except to the extent of the gross negligence or intentional misconduct of Licensor, Licensee will pay, indemnify, defend, and hold Licensor harmless against and to the extent of any loss or liability incurred by reason of any Hazardous Substance produced, disposed of, or used by Licensee pursuant to this Agreement. Licensee will ensure that any on-site or offsite storage, treatment, transportation, disposal or other handling of any Hazardous Substance will be performed by persons who are properly trained, authorized, licensed and otherwise permitted to perform those services.

6.15 Inspection. Licensor may conduct inspections of Equipment on Municipal Facilities. Except in circumstances where Licensor has special reason to be concerned about potential violations or in case of an emergency, Licensor will give Licensee forty-eight (48) hour prior notice of such inspections, and Licensee shall have the right to be present at and observe any such inspections. Licensee shall pay Licensor for its reasonable costs for safety inspections performed for the purpose of determining if a safety violation of which Licensor has provided notice to Licensee has been corrected by Licensee.

6.16 Access.

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Prior to Licensee accessing its Equipment for non-emergency purposes, Licensee shall provide email notice, at least forty-eight (48) hours in advance, to the Licensor at the following email address: [email protected]. In the event of an emergency at any time, Licensee will, if time permits, attempt to provide prior telephonic notice to the Licensor at the following telephone number: 909-384-5019.

6.17 Testing
Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30 am and 4:30 pm, except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.

7. INDEMNIFICATION AND WAIVER. Licensee agrees to indemnify, defend, protect, and hold harmless the Licensor, its council members, officers, employees, agents and contractors from and against any and all claims, demands, losses, including pole warranty invalidation, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorney’s fees and costs of defense (collectively, the “Losses”) to the extent arising from, resulting from, or caused by Licensee’s activities undertaken pursuant to this Agreement, including, without limitation, the construction, design, use, or operation of the Equipment or provision of the Services, except to the extent arising from or caused by the gross negligence or willful misconduct of the Licensor, its council members, officers, employees, agents, or contractors.

7.1 Waiver of Claims. Licensee waives any and all claims, demands, causes of action, and rights it may assert against the Licensor on account of any loss, damage, or injury to any Equipment or any loss or degradation of the Services as a result of any event or occurrence which is beyond the control of the Licensor.

7.2 Waiver of Subrogation. Licensee hereby waives and releases any and all rights of action for negligence against Licensor which may hereafter arise on account of damage to Equipment, Municipal Facilities, or to the ROW, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Licensee. This waiver and release shall apply between the parties and shall also apply to any claims under or through either party as a result of any asserted right of subrogation. All such policies of insurance obtained by Licensee concerning the Municipal Facilities, Equipment, or the ROW shall waive the insurer’s right of subrogation against the Licensor, and include as joint loss payee for environmental liability.

7.3 Limitation on Consequential Damages. Neither party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

8. INSURANCE. Licensee shall obtain and maintain at all times during the Term (a) Commercial General Liability insurance with a limit of two million ($2,000,000.00) per occurrence for bodily injury and property damage and four million ($4,000,000.00) general

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aggregate including premises-operations, contractual liability, personal injury, and products completed operations; (b) Commercial Automobile Liability insurance covering all owned, nonowned, and hired vehicles with a limit of one million ($1,000,000.00) each accident for bodily injury and property damage; and (c) Environmental Liability Insurance with a limit of one million ($1,000,000.00) per each occurrence, two million ($2,000,000.00) general aggregate, including coverage for sudden and accidental pollution arising out of handling hazardous materials or wastes, non-hazardous materials or waste, that, when released into the environment, violate Law. Licensee may self-insure its Environmental Liability Insurance under the same terms required by this Agreement. The required insurance policies shall include the Licensor, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insured as respects any covered liability arising out of Licensee’s performance of work under this Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. Upon receipt of notice from its insurer, Licensee shall use its best efforts to provide the Licensor with thirty (30) days prior written notice of cancellation or material modification of any applicable insurance policy. Licensee shall be responsible for notifying the Licensor of such change or cancellation. Licensee’s indemnity and other obligations shall not be limited by the foregoing insurance requirements. If Licensee fails, for any reason, to obtain or maintain insurance coverage required by this Agreement or fails to furnish certificates of insurance as detailed in Section 9.1, such failure shall be deemed a material breach of this Agreement, giving Licensor, in its discretion, the option to terminate this Agreement and obtain damages therefor.

8.1 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Agreement, Licensee shall file with the Licensor the required certificate(s) of insurance with blanket additional insured endorsements, which shall state the following:
(a) the policy number; name of insurance company; name and address of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts;
(b) that Licensee’s Commercial General Liability insurance policy is primary as respects any other valid or collectible insurance that the Licensor may possess, including any self-insured retentions the Licensor may have; and any other insurance the Licensor does possess shall be considered excess insurance only and shall not be required to contribute with this insurance; and
(c) that Licensee’s Commercial General Liability insurance policy waives any right of recovery the insurance company may have against the Licensor.

The certificate(s) of insurance with endorsements and notices shall be mailed to the Licensor at the address specified in Section 10 below.

8.2 Workers’ Compensation Insurance. Licensee shall obtain and maintain at all times during the term of this Agreement statutory workers’ compensation and employer’s liability insurance in an amount not less than one million ($1,000,000.00) and shall furnish the Licensor with a certificate showing proof of such coverage.

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8.3 Insurer Criteria. Any insurance provider of Licensee shall be admitted and authorized to do business in the State of California and shall carry a minimum rating assigned by A.M. Best & Company’s Key Rating Guide of “A” Overall and a Financial Size Category of “VII.”

8.4 Severability of Interest. “Severability of interest” or “separation of insureds” clauses shall be made a part of the Commercial General Liability and Commercial Automobile Liability policies.

9. NOTICES.

9.1 Method and Delivery of Notices. All notices pursuant to this Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; or (b) by means of prepaid overnight delivery service, addressed as follows:

If to the Licensor: City of San Bernardino
Public Works/Engineering
290 North “D” Street
San Bernardino, CA. 92401
Attn: City Engineer,
marked “Wireless Encroachment Permit”
Email:[email protected] (courtesy copy only)
With a copy to:

Best Best & Krieger LLP
18101 Von Karman Avenue, Suite 1000
Irvine, CA 92612
Attention: City Attorney, Sonia Carvalho
If to Licensee: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Site No. City of San Bernardino Wireless

MLA (CA)
1025 Lenox Park Blvd NE, 3rd Floor
Atlanta, GA 30319
With a copy to:

New Cingular Wireless PCS, LLC
Attn: AT&T Legal Dept – Network
Operations
Site No. City of San Bernardino Wireless

MLA (CA)
208 S. Akard Street
Dallas, TX 75202-4206

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9.2 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three days after deposit in the mail, or the next business day in the case of overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth in this Section.

10. DEFAULT; CURE; REMEDIES.

10.1 Licensee Default and Notification. This Agreement is granted upon each and every condition herein, and each of the conditions is a material and essential condition to the granting of this Agreement. Except for causes beyond the reasonable control of Licensee, if Licensee fails to comply with any of the conditions and obligations imposed hereunder, and if such failure continues for more than thirty (30) days after written demand from the Licensor to commence the correction of such noncompliance on the part of Licensee, the Licensor shall have the right to revoke and terminate this Agreement by written notice to Licensee, if such failure is in relation to the Agreement as whole, or any individual Supplement, if such failure is in connection solely with such Supplement, in addition to any other rights or remedies set forth in this Agreement or provided by law.

10.2 Cure Period. If the nature of the violation is such that it cannot be fully cured within thirty (30) days due to circumstances not under Licensee’s control, the period of time in which Licensee must cure the violation shall be extended for such additional time reasonably necessary to complete the cure, provided that: (a) Licensee has promptly begun to cure; (b) Licensee is diligently pursuing its efforts to cure; and (c) Licensee provides a timeline to complete its cure efforts and responds within twenty-four (24) hours of any status request by Licensor.

Licensor may not maintain any action or effect any remedies for default against Licensee, unless and until Licensee has failed to cure the breach within the time periods provided in these Sections

11.1 and 11.2.

10.3 Licensor Default. If Licensor breaches any covenant or obligation of Licensor under this Agreement in any manner, and if Licensor fails to commence to cure such breach within thirty (30) days after receiving written notice from Licensee specifying the violation (or if Licensor fails thereafter to diligently prosecute the cure to completion), then Licensee may enforce any and all of its rights and/or remedies provided under this Agreement or by Law.

11. ASSIGNMENT AND CUSTOMER EQUIPMENT. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of the parties.

11.1 Licensee shall not assign this Agreement or its rights or obligations to any firm, corporation, individual, or other entity, without the prior written consent of the Licensor, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, upon thirty (30) days’ prior written notice, Licensee may assign or transfer the rights and privileges granted herein to any parent or subsidiary of Licensee, to an entity with or into which Licensee may merge or consolidate, to an entity which Licensee is controlled by, or is under common control of a party; or in connection with the sale or other transfer of such entity or to any purchaser of all or

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substantially all of Licensee’s assets in the FCC market area where the Equipment is located with prior notice to Licensor but without the requirement for Licensor approval, provided that the successor is bound by all the terms and conditions of this Agreement and provides written confirmation to Licensor that it is then fully liable to the Licensor for compliance with all terms and conditions of this Agreement. The Licensee shall reimburse the Licensor for all direct and indirect costs and expenses reasonably incurred by the Licensor in considering a request to transfer or assign this Agreement

11.2 Licensee need not own all components of Equipment subject to this Agreement, and may permit its customers to maintain ownership of Equipment components. However, (1) all Equipment must be wholly under the control and management of Licensee; and Licensee shall be liable for all acts or omissions, and all harms associated with the Equipment whether the same are its acts or omissions, or the acts or omissions of the owner of the Equipment; and (2) Licensee acknowledges and agrees that no rights of ownership in Equipment by Licensee’s customers shall permit any such customer to enter upon, or the any portion of the Municipal Facilities or the Equipment, in any other manner or at any other place, including to add to, or modify or install Equipment, which shall be Licensee’s sole responsibility. Further, Licensee may not install Equipment it does not own on Municipal Facilities, unless the entity on whose behalf the Equipment has been installed acknowledges and agrees, in a form acceptable to the Licensor, that the Licensor has not granted it a consent to be in the ROW for any purpose; that it is bound by Licensee’s representations, obligations and duties hereunder; that it shall have no rights or claims against the Licensor of any sort related to the Equipment or Municipal Facilities; that its Equipment may be subject to taxes, fees or assessments as provided in the Laws or the Agreement, and that Licensor may treat any Equipment owned by such entity as if it were owned by Licensee for all purposes (including, but not limited to, removal and relocation); and the Equipment may only be used for the purposes and uses permitted herein. Such acknowledgement may be provided for all Equipment on Municipal Facilities, and need not be provided separately, site by site.

12. RECORDS; AUDITS.

12.1 Records Required by Code. Licensee will maintain complete records pursuant to all applicable Laws.

12.2 Additional Records. The Licensor may require such additional reasonable nonconfidential information, records, and documents from Licensee from time to time as are appropriate in order to reasonably monitor compliance with the terms of this Agreement.

12.3 Production of Records. Licensee shall provide such records within twenty (20) business days of a request by the Licensor for production of the same, unless additional time is reasonably needed by Licensee, in which case, Licensee shall have such reasonable time as needed for the production of the same. If any person other than Licensee maintains records on Licensee’s behalf, Licensee shall be responsible for making such records available to the Licensor for auditing purposes pursuant to this Section.

12.4 Public Records. Licensee acknowledges that information submitted to Licensor may be open to public inspection and copying under the Law.

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13. MISCELLANEOUS PROVISIONS. The provisions that follow shall apply generally to the obligations of the parties under this Agreement.

13.1 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Agreement.

13.2 Severability of Provisions. If any one or more of the provisions of this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining provisions of this Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions of this Agreement. Each party hereby declares that it would have entered into this Agreement and each provision hereof regardless of whether any one or more provisions may be declared illegal, invalid, or unconstitutional.

13.3 Contacting Licensee. Licensee shall be available to the staff employees of any Licensor department having jurisdiction over Licensee’s activities twenty-four (24) hours a day, seven days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Equipment. The Licensor may contact by telephone the Licensee’s network control center operator at telephone number (800) 832-6662.

13.4 Governing Law; Jurisdiction. This Agreement shall be governed and construed by and in accordance with the laws of the State of California, without reference to its conflicts of law principles. If suit is brought by a party to this Agreement, the parties agree that trial of such action shall be vested exclusively in the United States District Court for the Southern District of California or the state courts of San Bernardino County, California.

13.5 Change of Law. During the Initial Term, in the event that any legislative or regulatory action (“New Law”) affects the rights or obligations of the Parties or any term of the Agreement, the Parties agree that the Agreement shall nonetheless remain in effect until the end of the Initial Term unless mutually agreed to in writing by the Parties.

13.6 Force Majeure. Except for payment of amounts due, neither Party shall have any liability for its delays or its failure of performance due to: fire, explosion, pest damage, power failures, strikes or labor disputes, acts of God, the elements, war, civil disturbances, acts of civil or military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, or other causes reasonably beyond its control, whether or not similar to the foregoing.

13.7 Attorneys’ Fees. Should any dispute arising out of this Agreement lead to litigation, the prevailing party shall be entitled to recover its costs of suit, including (without limitation) reasonable attorneys’ fees.

13.8 “AS IS” condition of Municipal Facilities. Municipal Facilities licensed to Licensee pursuant to this Agreement are licensed to and accepted by Licensee “as is” and with all faults. The Licensor makes no representation or warranty of any kind as to the present or future condition of or suitability of the Municipal Facilities for Licensee’s use and disclaims any and all warranties express or implied with respect to the physical, structural, or environmental condition

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of the Municipal Facilities and their merchantability or fitness for a particular purpose. Licensee is solely responsible for investigation and determination of the condition and suitability of any Municipal Facility for Licensee’s intended use.

13.9 Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the party’s respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in connection herewith, except as provided in Section 4.2 above. This Agreement shall not be revocable or terminable except as expressly permitted herein.

13.10 Amendment of Agreement. This Agreement may not be amended except pursuant to a written instrument signed by both parties.

13.11 Entire Agreement. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. In witness whereof, and in order to bind themselves legally to the terms and conditions of this Agreement, the duly authorized representatives of the parties have executed this Agreement as of the Effective Date.

13.12 Non-Exclusive Remedies. No provision in this Agreement made for the purpose of securing enforcement of the terms and conditions of this Agreement shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions, but the remedies herein provided are deemed to be cumulative.

13.13 No Third-Party Beneficiaries. It is not intended by any of the provisions of this Agreement to create for the public, or any member thereof, a third-party beneficiary right or remedy, or to authorize anyone to maintain a suit for personal injuries or property damage pursuant to the provisions of this Agreement. The duties, obligations, and responsibilities of the Licensor with respect to third parties shall remain as imposed by state law.

13.14 Construction of Agreement. The terms and provisions of this Agreement shall not be construed strictly in favor of or against either party, regardless of which party drafted any of its provisions. This Agreement shall be construed in accordance with the fair meaning of its terms.

13.15 Effect of Acceptance. Licensee (a) accepts and agrees to comply with this Agreement and all Laws; (b) agrees that this Agreement was entered into pursuant to processes and procedures consistent with Law; and (c) agrees that it will not raise any claim to the contrary or allege in any claim or proceeding against the Licensor that at the time of acceptance of this Agreement any provision, condition or term of this Agreement was unreasonable or arbitrary, or that at the time of the acceptance of this Agreement any such provision, condition or term was void or unlawful or that the Licensor had no power or authority to make or enforce any such provision, condition, or term.

13.16 Time is of the Essence. Time is of the essence with regard to the performance of all of Licensee’s obligations under this Agreement.

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13.17 Taxes. Licensee shall be responsible for payment of all fees and taxes charged in connection with the right, title, and interest in and construction, installation, maintenance, and operation of Equipment for the purposes set forth herein.

13.18 Tax Notice. Licensor hereby provides notice pursuant to California Revenue and Taxation Code Section 107.6, and Licensee acknowledges, that this Agreement may create a possessory interest and Licensee may be subject to property taxes levied on such interest, as described in California Revenue and Taxation Code Section 107.6. Licensee shall pay directly to the appropriate authority, when due, all real and personal property taxes, fees, and assessments, assessed against the area licensed and the Equipment.

13.19 Counterparts. This Agreement (and any Supplement) may be executed in multiple counterparts, including by electronic means, each of which shall be deemed an original, and all such counterparts once assembled together shall constituted one integrated instrument.

13.20 Electronic Signatures. This Agreement may be signed by electronic signature subject to compliance with the requirements of the California Uniform Electronic Transactions Act and provided further that the parties have either (i) executed a separate agreement authorizing electronic signatures; or (ii) have used a third party verification system for electronic signatures which has been approved by the City.
[signature page to follow]

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SIGNATURE PAGE TO MUNICIPAL FACILITY LICENSE AGREEMENT
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be legally executed as of the Effective Date.

Licensor:

CITY OF SAN BERNARDINO
By:_______________________________________
Name: ____________________________________
Title: _____________________________________
ATTEST:
____________________________
Clerk

APPROVED AS TO FORM
CITY ATTORNEY’S OFFICE
BY: ______________________
City Attorney
Licensee:

NEW CINGULAR WIRELESS PCS, LLC
By: AT&T Mobility Corporation
Its: Manager
By:_______________________________________
Name: ___________________________________
Title: _____________________________________
Exhibits:

Exhibit A – Supplement
Exhibit B – Application

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Packet Pg. 1209 Attachment: Attachment 2 - Resolution No. 2022-129; Exhibit A - Municipal Facilities License Agreement (8849 : Approval of the Municipal 55600.00220\34900333.1
A-1

EXHIBIT A

FORM OF SUPPLEMENT

SUPPLEMENT
This Supplement (“Supplement”), is approved by Licensor this _____ day of ____________, 20____ (the date executed by all parties, referred herein as “Supplement Effective Date”).

1. Supplement. Licensee has submitted an application for approval to use a Municipal Facility pursuant to that certain Municipal Facility License Agreement between Licensor, City of San Bernardino, and Licensee, __________________, dated ________, 20__ (“Agreement”).

Licensor has reviewed the Application to Use Municipal Facility and grants approval subject to the terms of this Supplement. All of the terms and conditions of the Agreement are incorporated hereby by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification, or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. IF THE SUPPLEMENT IS NOT COUNTER-SIGNED BY LICENSEE AND RETURNED TO LICENSOR WITHIN 30 DAYS AFTER LICENSOR HAS

GRANTED APPROVAL, THE SUPPLEMENT SHALL BE VOID AND OF NO LEGAL EFFECT. IF LICENSEE STILL WANTS TO USE THE MUNICIPAL FACILITY, LICENSEE WILL BE REQUIRED TO SUBMIT A NEW APPLICATION AND ASSOCIATED FEES.

2. Licensed Area Description and Location. Licensee shall have the right to use the space on the specific Municipal Facility (the “Licensed Area”) depicted in Attachment 1 attached hereto to install Equipment as further listed in Attachment 2 attached hereto.

3. Equipment. The Equipment to be installed at the Licensed Area is described in Attachment 2 and depicted in Attachment 1.

4. Term. The term of this Supplement shall commence on the Supplement Effective Date and continue for in the Term of the Agreement.

5. License Fee. The initial License Fee for this Supplement shall be as follows per year:
_____________________________. License Fee is subject to annual increase and is payable in accordance with Section 5 of the Agreement.

6. Miscellaneous.____________________________________________________. [signature page follows]

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A-2
IN WITNESS THEREOF, the parties hereto have caused this Supplement to be legally executed in duplicate, effective upon execution by both parties.

Licensor:
_________________________
By:_______________________________________
Name: ____________________________________
Title: _____________________________________
Date: _____________________________________
Licensee:

Accepted:
___________________________________
By:_______________________________________
Name: ____________________________________
Title: _____________________________________
Date: _____________________________________
Attachments:

Attachment 1 – Licensed Area
Attachment 2 – Equipment List and Description

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Packet Pg. 1211 Attachment: Attachment 2 - Resolution No. 2022-129; Exhibit A - Municipal Facilities License Agreement (8849 : Approval of the Municipal 55600.00220\34900333.1
A-3
Attachment 1
Licensed Area
[site plan showing licensed area of applicable Municipal Facility and showing proposed Equipment installation]

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Packet Pg. 1212 Attachment: Attachment 2 - Resolution No. 2022-129; Exhibit A - Municipal Facilities License Agreement (8849 : Approval of the Municipal 55600.00220
\34900333.1
A-4
Attachment 2
Equipment List and Description

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Packet Pg. 1213 Attachment: Attachment 2 - Resolution No. 2022-129; Exhibit A - Municipal Facilities License Agreement (8849 : Approval of the Municipal 55600.00220\34900333.1
B-1

EXHIBIT B

APPLICATION TO USE MUNICIPAL FACILITY
Applicant: ___________________________Date: ______________________________ Licensee:____________________________Application/License#:__________________ Type of
Municipal
Facility
Alteration
Required
Small Cell Equipment
Heights (provide both (1)
the overall height of pole
structure with added
facilities; and (2) the height
of individual facilities)
Small Cell
and Base
Equipment
Weights
Small Cell
And Base
Equipment
Dimensions
Location of Any
Additional Equipment
[street light]
[traffic light]
[other, specify]
[Pole
Reinforcement]
[Pole
Replacement]
[None]
[Installed on Pole, specify
attachment height, weight and
dimensions]
[Installed on/in Ground (Vault),
specific dimensions]
[Other Location]
[Not Applicable/Needed]
APPLICANT SHALL PROVIDE THE FOLLOWING AS APPLICABLE:
• Site plan and engineering design and specifications for installation of Equipment, including the location of radios, antenna facilities, transmitters, equipment shelters, cables, conduit, point of demarcation, backhaul solution, electrical distribution panel, electric meter, and electrical conduit and cabling. Where applicable, the design documents should include specifications on design, pole modification, and ADA compliance. Also indicate whether metered electricity is available at the site.
• Include a load bearing study that determines whether the pole requires reinforcement or replacement in order to accommodate attachment of proposed Equipment. • If the proposed installation will require reinforcement or replacement of an existing pole, provide applicable design and specification drawings.
• The number, size, type, and proximity to the facilities of all communications conduit(s) and cables to be installed.
• Description of the utility services required to support the facilities to be installed. • List of the contractors and subcontractors, and their contact information, authorized to work on the project.
• A check for _________ ($_________) for the Application Fee.

APPLICANT REPRESENTATIVE: ______________________________ NAME: ______________________________TITLE:_________________________________ TELEPHONE: ____________________ EMAIL: _____________________________

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Consent Calendar
City of San Bernardino
Request for Council Action
Date: June 15, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Daniel Hernandez, Director of Public Works
Subject: Award Construction Contract for Installation of Advanced Dilemma Zone (Ward 1,2,3,4,6,7)
Recommendation
Adopt Resolution No. 2022-130 of the Mayor and City Council of the City of San Bernardino, California:

1. Authorizing the Director of Finance to record a budget amendment in the amount of $1,930,825.40 from the Highway Safety Improvement Program (HSIP) grant fund balance for the construction and installation of the Advanced Dilemma Zone Detection System at 49 signalized intersections; and

2. Approving the award of a Construction Contract with Elecnor Belco Electric, Inc. in the amount of $3,757,314 for the construction and installation of the Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors:

Baseline Street, Mount Vernon Avenue, and Highland Avenue; and

3. Authorizing the project construction, construction contingencies and inspection costs in the total amount of $3,879,340 for the construction and installation of the Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue; and

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

Background
The Highway Safety Improvement Program (HSIP) is a core Federal-aid program with the purpose to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned roads and roads on tribal land. The HSIP requires a data-driven, strategic approach to improving highway safety on all public roads with a focus on performance.

The HSIP is legislated under Section 148 of Title 23, United States Code (23 U.S.C. 148) and regulated under Part 924 of Title 23, Code of Federal Regulations (23 CFR 31 Packet Pg. 1215
8967

Part 924). The HSIP consists of three main components, the Strategic Highway Safety Plan (SHSP), State HSIP or program of highway safety improvement projects, and the Railway-Highway Crossing Program (RHCP). In addition, some states also have a High Risk Rural Roads (HRRR) program if they had increasing fatality rate on rural roads.

HSIP Cycle 9 solicitation for projects were announced in May 2018 and in August 2018.

The City of San Bernardino submitted an application for the construction and installation of the Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue. On December 27, 2018, the City received the HSIP grant in the amount of $4,341,400 to implement the project.

On June 19, 2019, the Mayor and City Council approved Resolution No. 2019-168 adopting the City’s Annual Operating Budget for Fiscal Year 2019/20. The budget included Capital Improvement Plan (CIP) TC20-008 project to provide construction and installation of Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue; and established $4,341,400 in HSIP Grant funds to support the project. The Design for the project was completed in July 2021 by Iteris Corporation at a total design cost of $339,547. Caltrans approved federal funding in the amount of $3,879,340 for construction and issued E-76 federal authorization (Attachment No. 6).

Dilemma zones are areas in advance of signalized intersections approaches where vehicles safely stop before the stop line nor proceed through the intersection during the yellow interval. Within that area, vehicles might be involved in a right-angle crash or rear end crash. The advanced dilemma zone detection system is state-of-the-art and features are programmed in the video detection camera system to extend the red interval for the vehicles in the dilemma zone to cross the intersection safety before the conflicting green interval indication is turned on. Upon completion of the system, the City of San Bernardino will have the largest number of dilemmas zone signalized intersections operating in Southern California.

Discussion
The project for Construction of Traffic Signal Upgrades was advertised for public bidding on April 1 and 8, 2022, in the San Bernardino County Sun Newspaper. Plan rooms were advertised on Construction Bid Board, ebid, Bid America Online, and the City’s website.

Sealed bids were received and opened on April 21, 2022. The City received five bids as follows:

Bidder City Base Bid
Elecnor Belco Electric, Inc. Chino, CA $3,757,314
Comet Electric Chatsworth, CA $3,899,814
ILB Corona, CA $3,949,634
Crosstown Electric Irwindale, CA $4,389,840
Baker Electric & Renewables LLC Escondido, CA $4,612,110 31 Packet Pg. 1216
8967

Staff verified the bids and a summary of the bid tabulations as shown in Attachment 3.

Four of the firms that submitted bids had their listed bids revised since it did not match the bid tabulation. The City has reviewed the bid package and confirmed that Elecnor Belco Electric, Inc., of Chino, California, was the lowest responsible and responsive bidder, with a total bid amount of $3,757,314, not including contingencies, engineering, and inspections and project management costs. The City received an award amount of $4,340,947 to support the project. The project currently has $2,070,574.60 budgeted in the account and requires an additional $1,930,825.40 to fully fund the total construction costs (including contingency and inspections costs). Therefore, a budget amendment of $1,930,825.40 from HSIP fund balance is requested to successfully complete the project. If awarded by the Mayor and City Council, construction work is anticipated to begin in July 2022 and be completed in February 2023.
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 through upgrading the existing traffic signals on various arterials within the City.

Fiscal Impact
There is no General Fund fiscal impact. HSIP Federal funding in the amount of $4,341,400 has been approved for the construction and installation of Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors:

Baseline Street, Mount Vernon Avenue, and Highland Avenue and is available for this project.

Design was completed at a total cost amount of: $ 339,547 The overall construction costs of the project are as follows:

Construction Bid Amount $3,757,314
Construction Contingency $ 122,026
Construction Engineering/Inspections (including staff time) $ 122,060 Total Construction Project Cost $4,001,400
Current Budget amount $ 2,070,574.60
Budget Amendment amount requested $ 1,930,825.40
Total Construction Project Cost $ 4,001,400.00
Total Design and Construction Cost $4,340,947
Available Grant Fund Amount $4,341,400
Conclusion
Adopt Resolution No. 2022-130 of the Mayor and City Council of the City of San Bernardino, California:
31 Packet Pg. 1217
8967

1. Authorizing the Director of Finance to record a budget amendment in the amount of $1,930,825.40 from the Highway Safety Improvement Program (HSIP) grant fund balance for the construction and installation of the Advanced Dilemma Zone Detection system at 49 signalized intersections; and

2. Approving the award of a Construction Contract with Elecnor Belco Electric, Inc. in the amount of $3,757,314 for the construction and installation of the Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors:

Baseline Street, Mount Vernon Avenue, and Highland Avenue; and

3. Authorizing the project construction, construction contingencies and inspection costs in the total amount of $3,879,340 for the construction and installation of the Advanced Dilemma Zone Detection system at 49 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue; and

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

Attachments
Attachment 1 Resolution No. 2022-130
Attachment 2 Contract Agreement
Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Locations Map
Attachment 6 Caltrans Fund Authorization-E-76
Ward: 1,2,3,4,6,7
June 19, 2019 Adopted Resolution No. 2019-168 approving Capital Improvement Program FY 2019/2020
31 Packet Pg. 1218
Resolution No. 2022-130
Resolution 2022-130
June 15, 2022