Agenda packet — Mayor and City Council, December 7, 2022 (part 12 of 14)

RESOLUTION NO. 2022-251

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE LOCAL APPOINTMENTS LIST
WHEREAS, the Maddy Act takes into consideration a vast and largely untapped reservoir of talent which exists among the citizenry that all too frequently is unaware of the opportunities for participation on local regulatory and advisory boards and commissions; and WHEREAS, in accordance with this provision, on or before December 31st of each year, the City Council shall cause to be prepared a list of all ongoing boards, commissions and committees which are appointed by the City Council, and a list of all appointive terms which will expire during the next calendar year, to include the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position; and WHEREAS, California Government Code Section 54973 requires the City Council to make the list available to members of the public for a reasonable fee and either post the list on its website or designate the public library with the largest service population within its jurisdiction to receive a copy of the list; and
WHEREAS, on December 4, 2019, the Mayor and City Council designated the Norman F. Feldheym Central Branch Public Library to receive the annual copy of the Mayor and City Council-approved Local Appointments List.

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. Exhibit “A”, which is attached hereto and incorporated herein, accurately reflects the list of boards, commissions, and committees which are appointed by the Mayor and City Council and the appointive terms that will expire in the next calendar year, the name of the incumbent appointee, the date of appointment, date of term expires and qualifications for the positions and shall serve as the City’s Local Appointment List.

SECTION 3. The Local Appointments List shall be posted on the City’s internet website.

SECTION 4. The Local Appointments List shall be updated as appointments are changed.

SECTION 5. 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.

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Resolution No. 2022-251
Resolution No. 2022-251
December 7, 2022

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

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2022-251
Resolution No. 2022-251
December 7, 2022

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CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO)

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-251, adopted at a regular meeting held on the ___ day of December 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 December 2022.

Genoveva Rocha, CMC, City Clerk
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City of San Bernardino
Boards, Commissions and Citizen Advisory Committees
2022 Local Appointments List Pursuant to Government Code Section 54972 1 | Page
Updated 11/15/2022
Board/Commission/
Committee Summary Meeting Time and Location Vacancies and Terms of Office Expiring in 2022 Animal Control
Commission
This nine (9) member commission, established by Resolution No. 2018- 45, is charged with providing advisory recommendations to the Mayor, City Council and City staff on strategies, policies, and programs designed to ensure quality care for animals housed at the City of San Bernardino’s Animal Shelter; increasing awareness of animals available for adoption at the shelter; and educating the community regarding the humane treatment of animals and other matters related to animal shelter services. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor.

Second Wednesday of each month
at 4 p.m. in the
Council Chamber at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Maria Lanas Ward 1 1/19/2022 12/2022
Gary M. Blake Ward 2 1/02/2019 12/2022
Sandra L. Kurkoske Ward 3 2/19/2020 12/2024
VACANT Ward 4 12/2022
Alejandro E. Faz Ward 5 5/05/2021 12/2024
Maxine Henderson Ward 6 7/18/2016 12/2020
Alberta R. Vanettes Ward 7 3/03/2021 12/2024
Angela Halfman Mayor 8/15/2018 12/19/2018
Reginald L. Woods Mayor 10/02/2019 12/2022
Arts and Historical
Preservation
Commission
Established by Resolution No. 2018-97, this nine (9) member commission advises the Mayor, City Council and City Staff on matters pertaining to the arts, culture, and historic preservation and heritage in the City. The commission is also charged with serving in an advisory capacity to the Planning Commission in making recommendations relating to the designation, preservation and protection of historical properties. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor.

Third Monday of each month
at 4 p.m. in the
Council Chamber at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Steven W. Bielak Ward 1 11/17/2021 12/2022
Darlene M. Herrera Ward 2 1/02/2019 12/2022
Anthony R. Aguirre Ward 3 12/02/2020 12/2024
Tawnya Rhoades-Hensley Ward 4 8/04/2021 12/2022
Michael J. Segura Ward 5 11/17/2021 12/2024
Lucy J. Sunga Ward 6 3/17/2021 12/2024
Robert A. Porter Ward 7 1/20/2021 12/2024
Alissa Payne Mayor 10/02/2019 12/2022
Alfredo Quirarte Mayor 2/02/2022 12/2022
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City of San Bernardino
Boards, Commissions and Citizen Advisory Committees
2022 Local Appointments List Pursuant to Government Code Section 54972 2 | Page
Updated 11/15/2022
Charter Review
Committee
This nine (9) member committee, established by Resolution No. 2017- 243, is tasked with completing a periodic review of the City Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor.

Meets as needed in the
Council Chamber at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Casey A. Dailey Ward 1 1/19/2022 12/2022
Scott P. Olson Ward 2 10/19/2022 12/2026
Angela M. Torres Ward 3 2/05/2020 12/2020
Rabbi Hillel Cohn Ward 4 3/17/2014;
6/16/2021
12/2022
VACANT Ward 5 2/05/2020 12/2022
Rakayla D. Simpson Ward 6 10/05/2022 12/2024
Phil Savage Ward 7 3/17/2014;
1/20/2021
12/2024
Paul Sanborn Mayor 10/02/2019 12/2022
Sean Kelley Mayor 03/02/2022 12/2022
Downtown Advisory
Committee
The DAC is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Resolution No. 2021-88, the Mayor shall appoint two (2) members and each City Council member shall nominate one (1) member. In accordance with the City Charter and the City's Municipal Code, appointees must be either a resident of the City of San Bernardino, or a non-resident business or property owner. Appointees should be able to clearly articulate the community perspective and/or the area of the City in which they live or conduct business.

Meets as needed in the
Council Chamber at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Paul Guerrero Ward 1 4/21/2021 12/2022
Amelia S. Lopez Ward 2 7/21/2021 12/2022
Richard R. Hernandez Ward 3 4/21/2021 12/2024
Kenesha L. Boyd Ward 4 6/16/2021 12/2022
Paola E. Avendano Ward 5 7/21/2021 12/2024
Michael J. Segura Ward 6 7/21/2021 12/2024
Lelita (Leta) Amick Ward 7 4/21/2021 12/2024
Mayor 12/2022
Mayor 12/2022
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City of San Bernardino
Boards, Commissions and Citizen Advisory Committees
2022 Local Appointments List Pursuant to Government Code Section 54972 3 | Page
Updated 11/15/2022
Elected Official
Compensation Advisory
Commission
Required by Section 305 of the City Charter and established by Municipal Code Chapter 2.19, this nine (9) member commission is charged with evaluating and making compensation recommendations to the Mayor and City Council for the City’s elected officials. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor.

Meets as needed in the
Council Chamber at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
VACANT Ward 1 5/02/2018 12/2022
Christina Roman Ward 2 7/18/2018 12/2022
David M. Rojas Ward 3 8/21/2019 12/2020
Steven L. Filson Ward 4 10/06/2021 12/2022
Peggi Hazlett Ward 5 5/02/2018;
8/04/2021
12/2024
Michael J. Guillory Ward 6 3/17/2021 12/2024
Diallo R. Changamire
Johnson
Ward 7 5/19/2021 12/2024
Kimberly Knaus Mayor 10/02/2019 12/2022
VACANT Mayor 10/02/2019 12/2022
General Plan Advisory
Committee
The General Plan Advisory Committee was established by Resolution No. 2021-02 on January 20, 2021. Resolution No. 2021-02 was repealed on June 16, 2021 and replaced with Resolution No. 2021-154.

The General Plan Advisory Committee (GPAC) is comprised of a total of 16 members. Each City Council member will appoint two (2) members.

One appointment will be a voting member and the other will be an alternate for each of the Council Wards. The Mayor will appoint two (2) at large representatives with one serving as a voting member and one serving as an alternate member. Appointees shall be residents of the City of San Bernardino. The perspective individuals should be able to clearly articulate the community perspective and/or the area of the City in which they live.

Meets as needed in the
Council Chamber at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Paul Guerrero (V) Ward 1 3/03/2021 12/2022
Reuben J. Arceo (A) Ward 1 3/17/2021 12/2022
Amelia S. Lopez (V) Ward 2 6/16/2021 12/2022
Ward 2
Angela M. Torres (V) Ward 3 4/7/2021 12/2024
Anthony Aguirre (A) Ward 3 4/7/2021 12/2024
Edward G. Woolbert (V) Ward 4 7/21/2021 12/2022
Ed Neighbors (A) Ward 4 7/21/2021 12/2022
Richard Kaplan (V) Ward 5 5/19/2021 12/2024
Ward 5
Raafi A. Bell (V) Ward 6 10/06/2021 12/2024
Ward 6
Joel S. Rothschild (V) Ward 7 9/15/2021 12/2024
Ward 7
VACANT Mayor 12/2022
Mayor 12/2022
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City of San Bernardino
Boards, Commissions and Citizen Advisory Committees
2022 Local Appointments List Pursuant to Government Code Section 54972 4 | Page
Updated 11/15/2022
Library Board Established under City Charter Section 602, this five (5) member board is responsible for: providing adequate library services; appointing a Library Director; administering the Library budget allocated by the City Council; making and enforcing all rules and regulations applicable to library services; and administering such additional matters as may be determined by ordinance. Each member must be a registered voter within the City and no member can be an employee of the City.

Members serve for a four year term of office.

Second Tuesday of each month
at 3 p.m. in the
Feldheym Central Library
Administration Board Room located
at 555 West 6th Street, San
Bernardino, CA 92410
Name Appointee Original
Appointment
Term
Expires
Carolyn A. Tillman At-Large 6/21/2004 11/2020
Valerie Lichtman At-Large 10/07/2013 10/2022
VACANT At-Large 12/2022
Jennifer Grant At-Large 11/06/2019 10/2022
Dr. Thomas Rennard At-Large 5/07/2007 10/2022
Measure "S" Citizens
Oversight Committee
This nine (9) member oversight committee, is charged with reviewing and reporting annually on the use of the proceeds from the quarter cent general sales tax established by Measure “Z” beginning on April 1, 2007 for a 15 year period. The revenue generated from the Measure “Z” sales tax are to be used to fund police officers along with anti-gang and anti-crime operations, including drug resistance education and supervised after-school youth activities. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor.

Meets as needed in the
Council Chamber at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Venus Williams Ward 1 2/20/2019 12/2022
Gloria G. Amaya Ward 2 2/06/2019 12/2022
VACANT Ward 3 1/22/2013 12/2020
Michael J. Gallo Ward 4 1/20/2021 12/2022
Anthony J. Roberson Ward 5 4/7/2021 12/2024
Bronica M. Taylor Ward 6 2/19/2018;
4/7/2021
12/2024
Derrick J. Wesson Ward 7 4/21/2021 12/2024
VACANT Mayor 3/06/2019 12/2022
VACANT Mayor 11/07/2018 12/2022
Parks, Recreation and
Community Services
Commission
This is a nine (9) member commission, established by Resolution No. 2018-47, charged with advising the Mayor, City Council, and City staff on community needs for the purpose of establishing City priorities, goals and objectives with respect to parks, recreation and community services, youth services, and senior services; and evaluating community agencies and organizations receiving City funds for the purpose of providing recreation services, youth and senior services.

Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor.

Third Thursday of each month
at 4 p.m. in the
Council Chamber at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Roxana M. Barrera Ward 1 2/06/2019 12/19/2022
Frank J. Flores Ward 2 7/20/2015 12/19/2022
VACANT Ward 3 8/21/2019 12/2020
Danielle A. Jones Ward 4 5/01/2019 12/2022
Jennifer B. Xicara Ward 5 2/03/2021 12/2024
Micah E. Lee Ward 6 4/7/2021 12/2024
Faye Aldridge Ward 7 1/20/2021 12/2024
Alfredo Quirarte Mayor 2/02/2022 12/2022
Alissa Payne Mayor 10/02/2019 12/2022
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City of San Bernardino
Boards, Commissions and Citizen Advisory Committees
2022 Local Appointments List Pursuant to Government Code Section 54972 5 | Page
Updated 11/15/2022
Personnel Commission Established under City Charter Section 604, this five (5) member board is responsible solely for hearing appeals of disciplinary action filed by City employees, subject to the provisions of adopted labor agreements. Each member must be a registered voter within the City and no member can be an employee of the City. Members serve at the pleasure of the Mayor and City Council. The term of office will be established under Municipal Code Chapter 2.50.

Second and fourth Tuesday of each
month at 8:30 a.m. as required to
hear disciplinary appeals in the
Council Chamber at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Gil J. Botello At-Large 10/02/2019 -
Donna P. Howard At-Large 11/06/2019 -
Benito J. Barrios At-Large 11/06/2019 -
Curtis Stout At-Large 5/05/2003 -
Jeanette Avila At-Large 9/21/2015 -
Planning Commission This nine (9) member Commission, established under Municipal Code Chapter 2.22, is tasked with advising the Mayor, City Council and City staff on the physical development of the city, including zoning, building, land use and related matters. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor.

Second Tuesday of each month
at 6 p.m. in the
Council Chamber at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Monique Y. Guerrero Ward 1 3/20/2019 12/2022
Amelia S. Lopez Ward 2 8/01/2011;
1/02/2019
12/2022
Ivan Garcia Ward 3 10/05/2022 12/2024
Larry R. Quiel Ward 4 9/06/2016 12/19/2018
Jesus F. Flores Ward 5 2/03/2021 12/2024
Dolores Armstead Ward 6 3/17/2021 12/2024
Ronnie E. Lewis, III Ward 7 3/03/2021 12/2024
VACANT Mayor 6/19/2019 12/2022
Harmoni A. Morales Mayor 11/18/2020 12/2022
Public Safety and Human
Relations Commission
This nine (9) member commission, established by Resolution No. 2018- 46 is charged with studying and making recommendations to the Mayor and City Council on matters concerning the City’s law enforcement and fire services, emergency preparedness and traffic safety (including traffic law enforcement and traffic engineering). Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor.

Second Monday of each month
at 6:00 p.m. in the
Council Chamber at 201 North “E”
Street, San Bernardino, CA 92401
Name Appointee Original
Appointment
Term
Expires
Jose D. Guzman Ward 1 5/04/2022 12/2022
Sean E. Kelley Ward 2 1/02/2019 12/2022
John H. Walters Ward 3 8/21/2019 12/2020
Ricardo Tomboc Ward 4 4/04/2016 12/19/2018
Anthony J. Roberson Ward 5 11/03/2021 12/2024
Savannah J. Taylor Ward 6 5/19/2021 12/2024
Deana Cervantez Ward 7 1/20/2021 12/2024
Jesse J. Carrillo Mayor 2/17/2021 12/2022
Terry Elliott Mayor 3/06/2019 12/2022
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City of San Bernardino
Boards, Commissions and Citizen Advisory Committees
2022 Local Appointments List Pursuant to Government Code Section 54972 6 | Page
Updated 11/15/2022
Water Board Established under City Charter Section 603, this five (5) member board is responsible for: the oversight and management of the City’s water supply, recycled water, wastewater collection and treatment; employing such persons as may be needed for the proper
administration of the City’s water and wastewater systems; setting and collecting water and wastewater rates, fees and charges; allocating all receipts and expenditures to separate, independent, water and sewer funds in accordance with State law; providing for an annual, independent audit of all water and wastewater accounts; compensating members of the Water Board; collaborating with the Mayor, City Council, and the City Manager on matters concerning the City’s water and wastewater systems; and establishing and periodically reviewing and revising such rules and regulations as may be appropriate for managing the City’s water and wastewater systems.

Each member must be a registered voter within the City and no member can be an employee of the City. Members serve for a six year term of office commencing on the second Monday of May at twelve o’clock noon. Terms of office are staggered and vacancies on the Water Board are filled for the unexpired term in keeping with the provisions established under the City Charter.

Second and fourth Tuesday of each
month at 9:30 a.m. in the
Water Department Boardroom
located at 399 Chandler Place, San
Bernardino CA, 92408
Name Appointee Original
Appointment
Term
Expires
Cecilia (Toni) Callicott At-Large 10/05/1998 5/12/2025
David Mlynarski At-Large 5/19/2014 5/11/2026
Wayne Hendrix At-Large 1/05/2009;
5/5/2021
5/10/2027
Rikke V. Johnson At-Large 11/07/2018;
5/4/2022
5/08/2028
Thomas M. Brickley At-Large 11/07/2018 5/08/2023
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Department: Council Office
Subject: City Board, Commission, and Citizen Advisory
Committee Minutes Approved in September/ October/
November 2022
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in September, October and November 2022.

Background
On February 7, 2018, the Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council.

Discussion
In keeping with the reporting requirements established in Municipal Code Chapter

2.17.080 the minutes for the board, commission and citizen advisory committee meetings approved in September, October and November 2022 are presented for review by the Mayor and City Council including the:

1. Animal Control Commission – 9/14/2022

2. Arts and Historical Preservation Commission – 9/19/2022

3. Charter Review Committee – June 2, 2022

4. Library Board – 5/10/2022; 9/13/2022

5. Planning Commission – 9/13/2022; 10/11/2022

6. Public Safety and Human Relations Commission – 9/12/2022

7. Water Board – 9/27/2022; 10/11/2022; 10/25/2022
2021-2025 Strategic Targets and Goals
Providing the agendas and minutes from each of the City’s Boards, Commissions and Packet Pg. 3842
Citizen Advisory Committees to the Mayor and City Council is in alignment with Key Target Number 2: Focused, Aligned Leadership And Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in September, October and November 2022.

Attachments
Attachment 1 - City Board, Commission and Citizen Advisory Committee Meeting minutes approved in September, October and November 2022 Ward:

All Wards
Synopsis of Previous Council Actions:

February 7, 2018 The Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory
committees under Municipal Code Chapter 2.17 requiring
meeting minutes to be provided to the Mayor and City
Council.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Department: City Manager's Office
Subject: Memorandum of Understanding Between the City of San Bernardino and San Bernardino City Unified
School District for the Youth Council Program (All
Wards)
Recommendation:

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

1. Approve the Memorandum of Understanding (MOU) between San Bernardino City Unified School District (SBCUSD) and the City of San Bernardino (City) for the Youth Council Program; and

2. Authorize the City Manager, or designee, to execute the MOU between the City and San Bernardino City Unified School District (SBCUSD) for the Youth Council Program with additional authorization, in consultation with the City Attorney’s office, to make amendments and execute said MOU consistent with Mayor and City Council direction and to ensure appropriate program oversight.

Background
At the June 1, 2022, Mayor and City Council Meeting, staff presented a conceptual framework for a City of San Bernardino Youth Civic Engagement Council (“Youth Council Program”). Council approved a motion for staff to partner with SBCUSD to develop a program that allows high school juniors and seniors in San Bernardino the opportunity to shadow City staff and elected officials.

After the June 1, 2022, Mayor and City Council Meeting, staff began meeting with SBCUSD staff to discuss partnering to develop a Youth Council Program. Through conversations with SBCUSD, staff learned that the SBCUSD Board does not have an existing Youth Council Program, so staff are working with SBCUSD to develop a new program.

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Discussion
Staff have been working to develop a program, within Council’s direction, that is manageable for City staff to oversee and consistent with SBCUSD supervision standards and best practices. Since high school students are in school for most of the day and participate in a variety of sports and extracurricular activities, SBCUSD recommended a program with an organized structure and centralized meeting place to ensure the students are supervised appropriately while participating.

City staff and SBCUSD staff are still fine-tuning the programmatic details; however, at this time, staff can provide a high-level overview of the program’s activities. With SBCUSD's input and expertise in working with K-12 students, the Youth Council Program will have the following format:
• Monthly Meetings: To ensure appropriate supervision, the program will consist of monthly meetings on City property where City staff and elected officials come as guest speakers to discuss their role within local government with the Youth Council. • Local Field Trips: The Youth Council will participate in a variety of local field trips, which will occur every three months (total of three during the program), such as visiting City departments (the police department, water department, etc. are possible locations to visit), regional agencies, community projects, commission meetings, etc. to introduce them to various aspects of public service work and experience first-hand what happens at these facilities and events on a daily basis.
• Recognition Ceremony: At the end of the program term, in May of each year, the City will host a Youth Council recognition ceremony commemorating the youth and their program achievements. The youth will receive plaques and/or certificates as formal recognition of their participation in the program.

The Memorandum of Understanding (MOU) attached is the first step in formalizing a partnership with SBCUSD for the Youth Council Program as it promotes continued collaboration and partnership between the City and SBCUSD to achieve shared goals and outcomes that benefit the City’s youth. The MOU does not establish a specific program structure or program content; rather, the MOU establishes a framework and identifies roles and responsibilities for program development and implementation.

Below are some of the main responsibilities of each party to the MOU, as well as mutual responsibilities.

City will be responsible for:
• Determining the number of Youth Council Program participants the City can accommodate and accept during each academic year.
• Approving which prospective students will participate in the Youth Council Program.
• Providing appropriate supervision to Youth Council Program participants while Packet Pg. 3898
they are on site and participating in Youth Council Program activities.

Additionally, ensuring that supervisors of the Youth Council Program participants have background checks on file.

SBCUSD will be responsible for:
• Marketing and promoting the Youth Council Program to the appropriate teachers, parents/guardians, and students and soliciting applications from them. • Appointing a Youth Council Coordinator to serve as a liaison between the City and SBCUSD.
• Informing participants and their parents/guardians of the City’s policies and procedures that they are expected to comply with and providing them a copy of those policies and procedures.

Mutual responsibilities:
• Collaborating and developing strategies for the mutual promotion of the Youth Council Program.
• Working together to accomplish the goals of the program. • Participating in a kick-off meeting to coordinate the initial implementation of the program.

Next Steps
If the MOU is approved, staff will continue to fine-tune the programmatic details and begin marketing the program in early 2023 (February through April 2023) and select program participants by May 2023 for the following school year.

The program is on track to begin in August 2023 for the 2023/24 school year. 2021-2025 Strategic Targets and Goals
Approval of the Memorandum of Understanding with SBCUSD for the implementation of a Youth Council Program in the City aligns with Key Target No. 2a. Develop and implement a community engagement plan. The program will engage youth within the City by providing them an opportunity to participate in, and learn more about, their local government.

Fiscal Impact
There is no fiscal impact associated with approving and authorizing the City Manager, or designee, to execute the Memorandum of Understanding.

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

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1. Approve the Memorandum of Understanding (MOU) between San Bernardino City Unified School District (SBCUSD) and the City of San Bernardino (City) for the Youth Council Program; and

Attachments
Attachment 1 – MOU between the City of San Bernardino and SBCUSD Ward:

All Wards
Synopsis of Previous Council Actions:

June 1, 2022 The City Council approved a motion directing staff to partner with SBCUSD to develop a program that allows students in San Bernardino to shadow City staff and elected officials.

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MEMORANDUM OF UNDERSTANDING FOR

YOUTH CIVIC ENGAGEMENT COUNCIL

BETWEEN

THE CITY OF SAN BERNARDINO AND

SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
THIS AGREEMENT (this “Agreement”) is made and executed this 7th day of December 2022 (the “Effective Date”), between the CITY OF SAN BERNARDINO, a charter city and municipal corporation (“CITY”), and SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, a California Unified School District (“PARTNER”), each individually a “Party” and together the “Parties” to this Agreement.

1. RECITALS. This Agreement is made with reference to the following facts and objectives:

A. PARTNER is a California Unified School District.

B. CITY is committed to the Youth Civic Engagement Council Program (“Program”) to educate and provide opportunities for students to participate civically in the legislative process and give back to their community.

C. CITY and PARTNER wish to enter into this Agreement to further the Program and to further the CITY’s purpose and goals.

2. PARTNER’S RESPONSIBILITIES. PARTNER will do the following:

A. Market and promote the Program to appropriate teachers, parents, guardians, and students and solicit applications from prospective Program Participants; B. Appoint a Youth Council Coordinator as the liaison between the CITY and the PARTNER, who will administer the PARTNER’s responsibilities within the Program;
C. Identify the appropriate parent(s) and/or guardian(s) for each student proposed to participate in the Program (“Program Participants”);
D. Inform CITY of the names of prospective Program Participants who submit complete applications and the name and contact information of each prospective Program Participant’s parent and/or guardian, as well as all other relevant information (i.e., transcripts, whether their parent/guardian has signed the City’s waiver, etc.);
E. Advise Program Participants and their parent(s) and/or guardian(s) that Program Participants will be subject to the CITY’s policies, procedures, organizational protocols, rules and regulations, and all reasonable directions given by qualified Packet Pg. 3901
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CITY personnel while providing services pursuant to this Agreement; F. Inform the Program Participants and their parent(s) and/or guardian(s) of any requirements maintained by the CITY for acceptance into the Program (i.e., transcripts);
G. Provide each Program Participant and his or her parent(s) and/or guardian(s) with a copy of CITY’s existing pertinent rules, regulations, and policies with which the Program Participant is expected to comply. PARTNER shall cause each Program Participant’s appropriate parent and/or guardian to sign CITY’s standard Volunteer Release and Waiver of Liability form as well as CITY’s standard Confidentiality and Non-Disclosure Agreement in consideration of each prospective Program Participant being considered for inclusion in the Program by CITY; H. Meet with CITY officials when needed to discuss the Program and provide strategic input.

3. CITY’S RESPONSIBILITIES. CITY agrees to do the following:

A. Determine the number of Program Participants the CITY can accommodate and accept during an academic year.

B. Approve, in its sole and absolute discretion, which prospective students will participate in the Program as Program Participants;
C. Reasonably exercise the right to terminate any Program Participant whose performance is detrimental to the achievement of the stated objectives of the Program experience. Prior to such termination the CITY shall notify the Youth Council Coordinator of any performance concerns it may have about a Program Participant. Notwithstanding the foregoing, CITY may terminate a Program Participant immediately after providing such notification to the Youth Council Coordinator;
D. Provide appropriate supervision to Program Participants while such Program Participants are on site and maintaining supervision until students get picked up by a parent/guardian, bus, or other method of transportation to get home. CITY will maintain employee background checks of any staff supervising the Program and those background checks will be provided to PARTNER upon request; E. Advise PARTNER of any changes in its personnel, operation, waivers, agreements, or policies which may impact the Program Participants’ experiences or the application of prospective Program Participants;
F. Provide feedback to PARTNER on performance of Program Participants, as Packet Pg. 3902
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necessary; and
G. Meet with PARTNER as necessary to discuss the Program and provide strategic input.

4. MUTUAL RESPONSIBILITIES. CITY and PARTNER mutually agree to do the following:

A. Collaborate and develop strategies for the mutual promotion of the Program; B. Cooperate and work in good faith in order to accomplish the stated goals of the Program; and
C. After the execution of this Agreement, participate in a kick-off meeting to coordinate the initial implementation of the Program.

5. RELATIONSHIP
A. Program Participants and PARTNER’s personnel will not be considered the CITY’s employees. CITY does not assume any liability under law relating to workers’ compensation on account of any act of any Program Participant or any other person performing duties, receiving experience and training (clinical or not), or traveling pursuant to the Agreement.

B. The relationship of CITY and PARTNER is that of independent contractor. Neither Party will be considered the agent or employee of the other. Neither will exercise control or direction over the other while performing their respective obligations under this Agreement. Neither Party intends to create a partnership or joint venture by entering into this Agreement.

6. TERM. The term of this Agreement will be for two (2) years from its effective date (“Initial Term”). The Initial Term shall renew automatically for subsequent one (1) year terms on the anniversary date of the Agreement each year unless earlier terminated in accordance with this Agreement. The total term of the Agreement may not exceed sixty months from the Effective Date.

7. TERMINATION. Either Party may terminate this Agreement at any time with or without cause, upon written or verbal notification. Termination will be effective thirty (30) days after notification.

8. ASSIGNMENT. Neither Party may assign this Agreement or any interest therein.

9. INDEMNIFICATION
A. Each Party holds the other harmless and free from any and all liability arising out Packet Pg. 3903
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of or in connection with its performance or breach of this Agreement, and that of its officers, directors, employees, agents, representatives, and volunteers. Each Party is responsible for its own legal defense and costs, expenses, or liabilities arising out of its own action, inaction, or willful conduct, or that of its officers, directors, employees, agents, representatives, and volunteers.

B. The Parties expressly agree that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.

C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.

10. INSURANCE
A. PARTNER understands and acknowledges that CITY is a public entity and is a self-insured for general liability and workers’ compensation.

B. CITY understands and acknowledges that PARTNER is a public entity and is selfinsured for general liability and workers’ compensation.

11. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Party to this Agreement by the other Party will be in writing and will be deemed served when personally delivered to the Party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to PARTNER at:

San Bernardino City Unified School District
777 North “F” Street
San Bernardino, CA 92410
or to CITY at:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Either Party may change its address for the purpose of this Section by giving written notice of the change to the other Party.

12. PARTIES’ REPRESENTATIVES.

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A. CITY’s City Manager, or designee, has authority to administer this Agreement.

The City Manager will have the ability to act and make all decisions or determinations necessary to facilitate performance pursuant to this Agreement. All such actions by the City Manager, or designee, are binding and final.

B. PARTNER’s Chief Communications & Community Engagement Officer, or designee, has authority to administer this Agreement. The Principal on Assignment in the Community Engagement Office will have the ability to act and make all decisions or determinations necessary to facilitate performance pursuant to this Agreement.

13. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements ancillary to this Agreement and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

14. GOVERNING LAW. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in San Bernardino County.

15. PARTIAL INVALIDITY. Should any provision of this Agreement be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions will remain in effect, unimpaired by the holding.

16. ENTIRE AGREEMENT. This Agreement and its Attachments constitute the sole agreement between CITY and PARTNER respecting the matters set forth above and correctly sets forth the obligations of CITY and PARTNER. Any agreement or representations respecting the issues in this Agreement not expressly set forth in this instrument are void.

17. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to confer any rights or benefits to or upon any person other than CITY and PARTNER.

18. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.

19. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement.

CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.

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20. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO

MEMORANDUM OF UNDERSTANDING FOR

YOUTH CIVIC ENGAGEMENT COUNCIL
IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

PARTNER

SAN BERNARDINO CITY UNIFIED

SCHOOL DISTRICT
Signature
Name
Title
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Department: City Manager's Office
Subject: Administrative Policies - Clean Fleet, Media Relations, and Communication and Incident Notification to
Elected Officials (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the following proposed administrative policies and adopt the resolutions as presented:

1. Clean Fleet Policy (Resolution No. 2022-252)

2. Media Relations Policy (Resolution No. 2022-253)

3. Communication and Incident Notification to Elected Officials Policy (Resolution No. 2022-254)
Background
The City of San Bernardino is a charter city operating under a council-manager form of government. The City Charter is the document adopted by voters that defines the organization, powers, functions, and essential procedures of the city government while the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards and the like.

In addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials can operate under a clear set of guidelines that align with the laws and regulations that govern the City.

On February 3, 2021, the Mayor and Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City. Discussed below are the Clean Fleet, Media Relations, and Communication and Incident Notification to Elected Officials policies for consideration.

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Discussion
Clean Fleet Policy
As California continues to move aggressively towards carbon neutrality, the City of San Bernardino is committed to doing its part to combat the negative environmental and health effects caused by greenhouse gas emissions. To initiate administrative changes, staff developed the Clean Fleet policy that will implement guidelines governing the purchase of City vehicles that will maximize energy efficiency, reduce emissions, and control long-term costs. The objectives of this policy are to prioritize alternative fuel vehicles over conventional powered vehicles, give consideration to the long-term environmental and economic benefits of alternative fuel vehicles, and help reduce the community’s exposure to harmful emissions.

The Clean Fleet policy requires the City to make every effort to obtain the cleanest vehicles possible and provides guidelines for the procurement of fleet vehicles. It also establishes a vehicle procurement hierarchy that prioritizes battery electric vehicles over conventional gas and diesel fueled vehicles.

The policy establishes the following:
• Zero emission vehicles will be prioritized for procurement while limiting the purchasing or leasing of conventionally powered vehicles. • When zero emissions vehicles are not an option, the City will make every effort to obtain vehicles that are the most fuel-efficient and emit the lowest pollutants possible.
• Exceptions to this policy will require a justification from the Department Director and approval from the City Manager.
• Departments will be required to develop a plan to replace vehicles with those that are zero to low emissions and are the most energy/fuel efficient.

The adoption of this policy will help initiate administrative changes as the City moves towards electrifying its fleet.

Media Relations Policy
The City of San Bernardino engages in a proactive communication system to inform its residents, business owners, visitors, and other stakeholders. This approach recognizes that one of the most effective ways to communicate City policies and activities is by working in partnership with the media. To ensure the City continues to work collaboratively with the media to provide the community with consistent, accurate, and timely information, staff developed the Media Relations policy that provides guidelines and procedures for managing media-related communications.

The policy establishes:
• The City’s Public Information Officer (PIO) is responsible for facilitating communication with the media that includes responding to inquiries, developing press releases and other media material, and other City-initiated communication Packet Pg. 3909
including publicity and announcements of events, activities, and programs/projects.
• The City’s Media inquiries will be given a high priority and be responded to as quickly as possible.
• City staff shall not respond to media inquiries but will notify the PIO immediately and follow the procedures set forth in the policy.
• Media inquiries regarding sensitive or controversial issues will be referred to the City Manager, City Attorney, and the PIO immediately.
• PIO will consult with the City Attorney when a media request appears to involve a subject matter that may be privileged or private.
• The City’s spokespersons are identified as the Mayor, City Manager, Assistant City Manager, and Public Information Officer.
• City staff and members of boards, commissions, and committees who identify themselves as such when participating in a media interview or providing any written or verbal comment must clearly state that their views are their own and not the City’s.

Adoption of this policy will establish guidelines and procedures to effectively coordinate and manage the communication activities related to official City business. This will ensure accuracy, consistency, and timeliness in relaying information to residents and the public at large while strengthening partnerships with the media.

Communication and Incident Notification to Elected Officials Policy Efficient and effective information flows are critical in ensuring decision-makers have what is needed to make timely, high-quality decisions. It is vital that elected officials be kept informed of items of interest, newsworthy events, and incidents occurring in the City of San Bernardino.

The policy establishes that elected officials will be:
• Informed timely of issues, incidents, and matters impacting the City as well as issues that are emerging.
• Kept updated on special projects and presented with equitable opportunities to provide input.
• Provided responses to inquiries in accordance with the City’s Charter and Municipal Code.

The policy further establishes procedures for the City Manager or designee(s) to ensure elected officials are:
• Informed of routine matters and non-critical incidents including major policies issues, matters that may attract media or public attention, and events that may be of interest to the City.
• Notified of critical incidents, including those involving public safety, with current and accurate information in an expeditious manner.

The adoption of this policy will ensure the flow of information from the City’s administration to elected officials is strengthened, enabling leadership to continue to Packet Pg. 3910
proactively address matters and resolve issues, make informed decisions, and effectively respond to the community.
2021-2025 Strategic Targets and Goals
Approval of administrative policies aligns with Goal 1: Improved Operational and Financial Capacity, Key Strategic Target 1.1: Establish clear policy direction and predictable organizational structures. Adoption and implementation of policies promotes consistency, efficiency, accountability, and transparency.

Fiscal Impact
There is no impact related to the Media Relations and Communication and Incident Notification to Elected Officials policies.

There is potential future fiscal impact associated with the Clean Fleet policy as it is anticipated that initial capital costs for zero- to low-emission vehicles may be higher than similar fossil-fueled models; however, total ownership costs over the life of the vehicles are likely to be more cost effective as maintenance and fuel costs are significantly less than conventional vehicles. Departments will consult with the Finance department to develop budgetary plans to fund replacement vehicles and explore potential grant funding opportunities and available rebates to help offset upfront costs.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the following proposed administrative policies and adopt the resolutions as presented:

1. Clean Fleet Policy (Resolution No. 2022-252)

2. Media Relations Policy (Resolution No. 2022-253)

3. Communication and Incident Notification to Elected Officials Policy (Resolution No. 2022-254)
Attachments
Attachment 1 Resolution 2022-252 approving Administrative Policy regarding City’s Clean Fleet
Attachment 2 Exhibit A - Clean Fleet Policy
Attachment 3 Resolution 2022-253 approving Administrative Policy regarding Media Relations
Attachment 4 Exhibit A - Media Relations Policy
Attachment 5 Resolution 2022-254 approving Administrative Policy regarding Communication and Incident Notification to
Elected Officials
Attachment 6 Exhibit A – Communication and Incident Notification to Elected Officials Policy
Ward:

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All Wards
Synopsis of Previous Council Actions:

Not applicable.

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Resolution No. 2022-252
Resolution 2022-252
December 7, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-252

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ESTABLISHING THE CLEAN FLEET POLICY
WHEREAS, the City of San Bernardino is a charter city operating under a councilmanager form of government; WHEREAS, the City Charter is the document adopted by voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards and the like; WHEREAS, in addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City; and WHEREAS, on February 3, 2021, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City.

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 of San Bernardino Administrative Policy – Clean Fleet Policy, attached hereto and incorporated herein as Exhibit A, is hereby approved.

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

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

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Resolution No. 2022-252
Resolution 2022-252
December 7, 2022

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2022-252
Resolution 2022-252
December 7, 2022

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CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-252, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
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ADMINISTRATIVE

POLICIES
RESOLUTION NO.

Page 1 of 3 ends

REVISION SUPERSEDES

SUBJECT
Clean Fleet Procurement Policy

APPROVED BY EFFECTIVE DATE
A. PURPOSE
This policy establishes the City’s intent to begin the process of transitioning its fleet from conventionally powered vehicles to zero to low emission vehicles. The purpose of this policy is to implement guidelines governing the purchase of City vehicles to maximize energy efficiency, reduce emissions, and control costs. This policy’s objectives are to:
• Give priority to purchasing or leasing all-electric, hybrid, and other alternative fuel vehicles when commercially available and practicable.
• Ensure that a review of each individual vehicle purchase or lease is made so as the City replaces its aging fleet, the long-term environmental and financial benefits of purchasing alternative fuel vehicles are considered.
• Reduce the community’s exposure to harmful emissions and greenhouse gasses by replacing fuel-dependent vehicles with cleaner alternatives.

Through this policy, the City shall prioritize the purchasing or leasing of zero to low emission vehicles while limiting the procurement of conventionally powered vehicles. The implementation of this policy will assist the City in preparing to gradually transition to a fully electrified fleet while incrementally reducing its dependence on fossil fuels.

B. SCOPE
This policy applies to all City departments responsible for operating, maintaining, and/or procuring City-owned vehicles.

C. POLICY
It shall be the policy of the City of San Bernadino to purchase, lease, or otherwise obtain vehicles that emit the least amount of emissions and are the most energy efficient possible that meet the operational needs of the department for which the vehicles are intended.

1. Zero emission vehicles (ZEV) will be prioritized for procurement when they are appropriate to the application, are technically feasible, ergonomically viable, have fueling infrastructure in place, and meet the organizational need.

2. The City shall make every effort to procure and use ZEVs while considering the vehicle’s life-cycle costs and the ability to support City operations and services.

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3. When ZEVs are not an option, the City will make every effort to obtain vehicles that are the most fuel-efficient and emit the lowest pollutants possible as measured by available emissions certification standards and those published by the manufacturers.

4. Departments shall develop a plan to replace vehicles with those that are zero to low emissions and are the most energy/fuel-efficient.
a. The plan shall prioritize vehicle replacement according to the life cycle cost, outline the process by which the City will replace vehicles, and set goals for when the existing fleet will be replaced.
b. To ensure vehicle purchases or leases align with this policy, proposed vehicle purchases or leases will be prioritized as follows based on the degree of emissions reductions:
i. Tier I – Zero emission vehicle
ii. Tier II – Alternative fueled internal combustion engine iii. Tier III – Hybrid internal combustion engine
iv. Tier IV – Conventional internal combustion engine – gasoline v. Tier V – Conventional internal combustion engine – diesel c. The plan will be reviewed and revised, if necessary, on an annual basis.

5. Departments will also review utilization reports to identify underutilized vehicles for possible removal from the fleet.

D. EXCEPTIONS
Exceptions from this policy may qualify under any one of the following circumstances:

1. There is no model of vehicle available that will comply with the requirements of this policy, while still meeting the specifications for its intended purpose.

2. A department demonstrates that the use of a vehicle that complies with the requirements of this policy would significantly disrupt operations or reduce service levels.

3. The requirement of this policy would conflict with any of the City’s contractual agreements or where deviation is required by the City’s procurement rules or otherwise required by local, state, or federal law.

Any department requesting an alternative must provide justification from its respective Director and be approved by the City Manager. If approved, the requesting department shall procure the model of vehicle that will meet the required service specifications and has the highest fuel efficiency and lowest available emissions ratings available.

E. CHARGING INFRASTRUCTURE FOR ELECTRIC VEHICLES
The City will create a plan to develop the electric vehicle charging infrastructure needed to support the fleet. The City intends to evaluate charging requirements, identify potential locations to create a Packet Pg. 3917
strategic network of stations to meet operational needs, and collaborate with partners to develop approaches for deployment.

This policy will be revisited annually and updated as technology evolves.

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Resolution No. 2022-253
Resolution 2022-253
December 7, 2022

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RESOLUTION NO. 2022-253

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ESTABLISHING THE MEDIA RELATIONS POLICY
WHEREAS, the City of San Bernardino is a charter city operating under a councilmanager form of government; WHEREAS, the City Charter is the document adopted by voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards and the like; WHEREAS, in addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City; and WHEREAS, on February 3, 2021, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City.

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 of San Bernardino Administrative Policy – Media Relations Policy, attached hereto and incorporated herein as Exhibit A, is hereby approved.

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

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Resolution No. 2022-253
Resolution 2022-253
December 7, 2022

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2022-253
Resolution 2022-253
December 7, 2022

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-253, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
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RESOLUTION NO.

Page 1 of 4 ends

ADMINISTRATIVE

POLICIES REVISION

SUPERSEDES

SUBJECT
Media Relations Policy
APPROVED BY:
, City Manager

EFFECTIVE DATE

A. PURPOSE
To establish a policy and procedures for disseminating official City information to the media (“Policy”).

B. SCOPE
This Policy provides guidance on the distribution of information to news and information media, in particular information that has the potential to generate media attention, public interest, or inquiry. To ensure the City communicates effectively with media representatives, this Policy shall be followed and adhered to by all paid and unpaid City staff including members of City boards, commissions, and committees.

C. POLICY EXEMPTION
This Policy shall not apply to the San Bernardino Police Department (SBPD). All employees of SBPD must adhere instead to SBPD Policy #346 titled News Media Relations contained within the San Bernardino Police Department Policy Manual.

D. POLICY

1. Inquires from the media shall be given a high priority by the City of San Bernardino.

2. Requests should be responded to as quickly and efficiently as possible.

3. Every effort should be made to meet media deadlines and ensure that all information released is accurate.

4. All media inquiries should be directed to the City’s Public Information Officer (“PIO”).

5. The PIO is responsible for the City’s media inquiries, requests, and other press issues.

6. Due to the pressing nature of media deadlines, all departments shall respond as soon as practicable to PIO requests for information.

7. City departments seeking media publicity for events, activities, or program/project announcements shall notify the PIO in advance.

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8. Department heads (or their designee(s)) shall notify the PIO of events that occur in their areas that, in their reasonable discretion, may be of major interest to the City Council, the public, or the media. Individual City personnel should notify their department heads of the same.

9. The City Manager or PIO may authorize another individual with expertise in and knowledge of a particular topic to assist with developing a response or responding directly on behalf of the City, when appropriate.

E. CITY SPOKESPERSONS
Unless otherwise authorized, the City’s spokespersons are:
• Mayor
• City Manager
• Assistant City Manager
• Public Information Officer
Exceptions may be made at the discretion of the City Manager.

F. PUBLIC INFORMATION OFFICER
The PIO promotes and provides background information about City issues, projects, and services to both the media and the public. The PIO is responsible for:

1. Facilitating communication with the media, including answering questions, responding to developing situations, and offering assistance as needed.

2. Issuing news releases and media advisories.

3. Conducting and coordinating news media relations for the City.

4. Establishing relations policies and priorities for news media, including online news media.

5. Coordinating and reviewing the performance of all news media relations policy and activities and making appropriate updates as needed.

6. All functions listed in the City’s Emergency Operations Plan (Part I. Section 10: Public Information).

G. MEDIA INQUIRIES
The following procedure will be followed when media requests are received:

1. If the inquiry is received in person or over the telephone:
a. Inform the individual that the City’s PIO coordinates the requests, and their inquiry will be forwarded for a response;
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b. Obtain the individual’s name, media outlet, contact information, nature of the inquiry/topic of the story, and the deadline; and
c. Forward to the PIO by email immediately.

2. If the inquiry is received in writing, forward the correspondence to the PIO immediately.

The person or persons receiving an in person or telephonic media request shall not offer comment or respond to a request for comment, other than to note that the media request will be forwarded to the PIO and to expect a response from that office.

H. PRESS RELEASES AND MEDIA MATERIAL
Most proactive media contact on behalf of the City is processed through the PIO. This includes press releases, media advisories, and contacts with the press for coverage.

1. Departments seeking publicity for events and activities or needing to collaborate with the media to communicate information to the public shall coordinate with the PIO.

2. Departments should submit requests will all pertinent information to the PIO at least five (5) business days prior to the intended release date or date of the event, or as soon as feasible.

I. SENSITIVE OR CONTROVERSIAL ISSUES

1. All media inquiries regarding sensitive or controversial issues must be referred to the City Manager, City Attorney, and PIO immediately.

2. The PIO will coordinate with the City Manager, the Assistant City Manager, or their designee to develop a response. PIO shall also coordinate with the City Attorney’s Office to the extent the sensitive or controversial issue has legal implications.

J. PRIVILEGED AND PRIVATE INFORMATION
Most records and affairs of the City are public information which citizens, including the press, have the right to know; however, there are exceptions when information is deemed privileged or private.

Exceptions include, but are not limited to, information pertaining to:
• Ongoing investigations
• Litigation or the threat of litigation
• Personnel matters
When a media request appears to involve a subject matter that may be privileged or private, the PIO will consult with the City Attorney to review the request and provide counsel.

K. PERSONAL POINTS OF VIEW
The City strives for a unified approach to communication initiatives. City staff and members of boards, committees, and commissions have a right to their personal points of view and the freedom to express Packet Pg. 3924
their opinions; however, it is recognized that personal points of view may conflict with the City’s official policy. Therefore:

1. City staff members and members of boards, committees, and commissions who identify themselves as such when addressing a public meeting, participating in a media interview, or providing any written comment or statement must clearly state that the views shared do not represent the views of the City but are their own personal opinions.

2. Media contact made as a private citizen may not be communicated or prepared on City time, equipment, or in any way at the City’s expense.

3. City personnel should be aware that any media contact that could be seen as “political activity,” such as expressing support or opposition to any governmental decision, ballot measure, candidate, or elected official, may be subject to the limitations on public employees’ political activity as set forth in Government Code section 3201, et seq. This includes, for example, engaging in political activity while wearing a City uniform, which is illegal under Government Code section 3206. Do not comment upon any media request related to any political activity or event if approached by a media contact by virtue of your position with the City.

L. ERRORS IN REPORTING

1. Errors in a media entity’s public reporting discovered by City staff should be brought to the attention of the PIO who, in conjunction with the City Manager and appropriate Agency/Department Director, will determine the proper steps.

M. CRISIS OR EMERGENCY ISSUES

1. During a crisis or an emergency as defined in City of San Bernardino Municipal Section

2.46.090, or any successor section, all media relations will follow the guidelines specific in the City’s Emergency Operations Plan.

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Resolution No. 2022-254
Resolution 2022-254
December 7, 2022

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RESOLUTION NO. 2022-254

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ESTABLISHING THE COMMUNICATION AND INCIDENT

NOTIFICATION TO ELECTED OFFICIALS POLICY
WHEREAS, the City of San Bernardino is a charter city operating under a councilmanager form of government; WHEREAS, the City Charter is the document adopted by voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards and the like; WHEREAS, in addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City; and WHEREAS, on February 3, 2021, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City.

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 of San Bernardino Administrative Policy – Communication and Incident Notification to Elected Officials Policy, attached hereto and incorporated herein as Exhibit A, is hereby approved.

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

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Resolution No. 2022-254
Resolution 2022-254
December 7, 2022

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2022-254
Resolution 2022-254
December 7, 2022

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CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-254, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
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RESOLUTION NO.

PAGE 1 of 3 ADMINISTRATIVE

POLICIES REVISION

SUPERSEDES

SUBJECT
Communication and Incident Notification to
Elected Officials
APPROVED BY:
, City Manager

EFFECTIVE DATE

A. PURPOSE
To establish expectations and a structure for communicating important information and providing timely notification to the Mayor and City Council (“Elected Officials”) on issues, incidents, and matters that could impact the City’s mission, operations, or public image.

B. POLICY
The need for regular and ongoing communication between the City Manager and Elected Officials is essential to effective decision making. Sharing information timely with the Mayor and City Council is one of the City Manager’s highest priorities.

1. GENERAL
a. It is the policy of the City of San Bernardino to ensure Elected Officials are:
i. Informed timely of issues, incidents, and matters affecting the City. ii. Proactively and fully informed on all aspects of important emerging issues. iii. Kept updated on special projects and presented with equitable opportunities to provide input.
iv. Provided responses to inquiries from Elected Officials in accordance with Article IV, Section 401(d) of the City Charter and Chapter 2, Section 2.02.080 of the City Municipal Code.

2. ROUTINE MATTERS AND NON-CRITICAL INCIDENTS
a. The City Manager will ensure Elected Officials are:
i. Informed on major policy issues or issues that may attract media or public attention.
ii. Notified of issues, incidents, and matters affecting the City or that may be of interest to the City as soon as the City Manager is made aware of them and has had ample time to gather facts and evaluate the situation. iii. Provided updates through briefing meetings, informational memoranda, and department reports.
iv. Furnished with detailed information through workshops and study sessions as appropriate and as needed.

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b. Responses to individual requests for information from the Mayor and Council members will be shared with all Elected Officials, ensuring information is distributed equally.
c. Project status updates will be provided by staff equally to the Mayor and Council members to ensure Elected Officials remain current on initiatives and other items in progress.
d. To provide the Mayor and Councilmembers with timely information related to agenda items, Elected Officials are encouraged to submit their questions to the City Manager as far in advance of the meeting as possible to help ensure staff can be prepared to respond at the Council meeting.

3. CRITICAL INCIDENTS
a. It is the policy of the City of San Bernardino that Elected Officials are notified of all critical incidents. This will help ensure the Mayor and City Council are in the best position to respond appropriately and effectively to events impacting the city. b. Critical Incidents, as applicable to this policy, are defined as occurrences or events, natural or manmade, that threaten individuals and/or the community which require swift, decisive action that may involve multiple components in response to and occurring outside of the normal course of routine business activities. c. Critical incident notifications involving public safety agencies will be as follows:
i. San Bernardino Police Department
a. Incidents will be reported to the City Manager, Assistance City Manager, City’s Public Information Officer (PIO), and Elected Officials in accordance with the San Bernardino Police Department Policy Manual section 201.3: Notification to City Officials.
ii. San Bernardino County Fire Department
a. The Assistant Fire Chief will notify the City Manager, Assistant City Manager, and City’s PIO of critical incidents requiring Fire Department response.
i. Notification will be done as soon as the Assistant Fire Chief is made aware of a critical incident and has had ample time to gather facts and evaluate the situation.
ii. An event not deemed critical but determined by the Assistant Fire Chief to be importance to the city will be reported via email with a synopsis of the event and outcome within 48 hours.
d. The City Manager’s Office’s responsibilities include, but are not limited to, the following:
i. The City Manager or Assistant City Manager will notify the Mayor and City Council of a critical incident after gathering facts and evaluating the event to help ensure Elected Officials are provided with current and accurate information.

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a. Critical incidents, especially events that are rapidly evolving, may require an evaluation period before notifications are sent. It is the intent of the City Manager and Assistant City Manager to notify Elected Officials quickly and brief them on the facts as they are known. ii. The City Manager’s Office will collaborate with the City’s PIO to prepare notifications and updates to the Mayor and City Council, develop talking points if warranted, and other communications including press releases. iii. A contact list with phone numbers and email addresses for Elected Officials, key members of the City Manager’s Office and the City’s Public Safety Agencies, and other individuals vital in carrying out this policy will be maintained, kept current, and updated as needed.

This policy will be reviewed and updated as needed to ensure communication expectations are current.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Cory Hodges, Senior Management Analyst
Department: City Manager's Office
Subject: Emergency Rental Assistance Program Update and Obligating ERA 1 Reallocated Funds (All Wards)
Recommendation:

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

1. Receive and file an update on the City’s Emergency Rental Assistance Program (“ERAP”), including direct service funds administered by Inland SoCal United Way 211+ (“Inland SoCal 211+”).

2. Adopt Resolution 2022-255, accepting (2) two disbursements of Emergency Rental Assistance 1 (ERA 1) Reallocated Funds received from the U.S.

Department of Treasury (“Treasury”) in the amount totaling $352,383.14, and authorizing the City Manager to execute an amendment to the ERA 1 Professional Services Agreement with Inland SoCal 211+ for the full administration of ERA 1 Reallocated funds ($341,811.65), increasing the total not to exceed amount by $24,666.82, for a new not to exceed amount of $713,814.99 for program administrative expenses by Inland SoCal 211+. All other ERA 1 Reallocated Funds will be spent on direct payment assistance as required by law.

3. Authorize the Agency Director for Administrative Services to process a budget amendment for revenues and expenditures in the amount of $352,383.14, and increase the ERA 1 program purchase order accordingly, subject to any future ERA 1 Reallocated Funds received from the Treasury.

4. Adopt the Emergency Rental Assistance Sub-Committee recommendations to prioritize 1) Utility Debt, and 2) Eviction Prevention Services with any remaining or future disbursements of emergency rental assistance reallocated funds.

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Background
ERA 1: The Consolidated Appropriations Act of 2021 (“CAA”) Pub. L. No. 117-2, authorized $25 billion in emergency rental assistance nationwide to assist households that are unable to pay rent or utilities, due to the impacts of the COVID-19 pandemic (“ERA 1”). The City of San Bernardino received an allocation directly from the U.S.

Treasury in the amount of approximately $6.4 million for ERA 1. As of October 18, 2021, the City, and the contracted program administrator, Inland SoCal 211+, fully obligated the ERA 1 funds, and assisted 574 households (an average of approximately $10,000 per household) in the City with that allocation. On November 30, 2021, the City submitted a reallocation of funds request in the amount of $7,300,000 to the U.S.

Department of Treasury in order to receive a potential second allocation of ERA 1 funds. On January 7, 2022, the Treasury released a list of jurisdictions that were eligible to receive reallocated ERA 1 funds, but the City of San Bernardino was not on the list.

ERA 2: The American Rescue Plan Act of 2021 (“ARPA”) Pub. L. No. 117-2, authorized a second Emergency Rental Assistance Program (“ERA 2”). The Treasury allocated $8,273,045.10 in ERA 2 funds to the City. Forty percent (40%) of those funds (i.e., $3,309,218) were disbursed to the City on September 7, 2021. Two additional tranches were finally disbursed to the City in June and September of 2022 (totaling $2,481,913.53 and $2,481,913.57 respectively). ERA 2 funds must be fully expended by September 30, 2025.

In January of 2022, City staff developed a second ERAP Request for Proposals (“RFP”) specific to the funding received under ERA 2 from the U.S Treasury. RFP F22-38 for ERA 2 was opened on January 26, 2022, and was closed on February 22, 2022. The City received a total of four (4) proposals from organizations across the country, CVR Associates from Tampa, FL; Inland SoCal United Way 211+ from Rancho Cucamonga, CA; LiveStories from Seattle, WA; and Yardi from Santa Barbara, CA. City staff evaluated the proposals submitted from prospective bidders and concluded that Inland SoCal 211+ was the most responsive bidder with the ability to fulfill the programmatic requirements of the City’s Emergency Rental Assistance Program. On March 16, 2022, the Mayor and City Council authorized the City Manager to execute an agreement with Inland SoCal 211+ for the administration of the City’s allocation of ERA 2 funds from the U.S Treasury. As of late October 2022, the City has disbursed all eligible direct assistance and administrative expense funds to Inland SoCal 211+. The City does not anticipate any additional sizable disbursements from the U.S Treasury, however, similar to ERA 1, the City will pursue reallocated ERA 2 funds (funds voluntarily returned or involuntarily returned to the U.S Treasury by other jurisdictions) to continue to assist residents of the City.

ERA 2 State Block Grant: On September 15, 2021, the Mayor and City Council adopted Resolution No. 2021-224 to receive an allocation of State Rental Assistance Program funds for ERAP 2, pursuant to Health and Safety Code section 50897.2.1, subdivision (a)(2) (such allocation, a “Block Grant Award”), in the initial amount of Packet Pg. 3933
$6,018,454.42 (“Initial Match”). The Mayor and City Council authorized Inland SoCal 211+ to administer and distribute that State Block Grant. The Initial Match was conveyed to the City by the California Department of Housing and Community Development (“HCD”). Additionally, at HCD’s suggestion, at the time that the Mayor and City Council adopted Resolution No. 2021-224, the City approved the full Initial Match, with the potential of future awards up to two or three times that Initial Match amount, to be administered by Inland SoCal 211+. The Mayor and City Council also authorized the City Manager to execute a contract (“Master Agreement”) with HCD for disbursement of the Block Grant Award. On November 19, 2021, Master Agreement Number 21-ERAP-20084 between the State and City was executed. Soon after, the State disbursed the first tranche of funds for the Block Grant Award in the amount of $2,407,381.77. Only when the City received the Master Agreement from HCD in November, was it clear that the Initial Match would be distributed in tranches, subject to weekly reporting requirements, and with future allocations dependent on the City’s performance metrics. Based on City Council direction under Resolution No. 2021-224, the City and Inland SoCal 211+ executed an amendment for Inland SoCal 211+ to administer the State Block Grant as of December 1, 2021.

After a considerable delay, on January 31, 2022, HCD allocated a second tranche of ERA 2 State Block Grant funding increasing the not-to-exceed amount from approximately $2.4 million to the remainder of the initial Match, or $6,018,454.42 cumulatively. In response to obtaining a second tranche of funding from HCD, the City drafted and executed an amendment to the agreement with Inland SoCal 211+ to administer a second round of ERA 2 State Block Grant funds. The second round of funding from HCD was allocated to Inland SoCal 211+ for direct service payments to participants in the program and administration costs. To date, Inland SoCal 211+ has completely expended all ERA 2 state block grant funds, and the City does not anticipate receiving additional funds under the state’s emergency rental assistance program.

Discussion
Program Summary:

The City has been awarded approximately $21 million dollars in emergency rental assistance funds from four (4) separate emergency rental assistance funding programs, (1) U.S Treasury ERA 1, (2) U.S Treasury ERA 1 Reallocated Funds, (3) U.S Treasury ERA 2, and (4) ERA 2 State Block Grant. Per the program guidance, approximately $18 million dollars of those funds were budgeted for direct assistance to program applicants. The remainder was budgeted for program administration such as call center operation, case management, application portal, and fund disbursement.

As of November 18, 2022, approximately $16.6 of the $18 million in direct assistance payments has been disbursed to program participants (this number does not include payments made to applicants on the waitlist from November 18, 2022, to the present).

The remaining direct assistance funds are currently being disbursed to waitlisted program participants and are expected to be completed in early 2023.

Since the launch of the Emergency Rental Assistance Program in June 2021, Inland Packet Pg. 3934
SoCal 211+ has performed well administering the funds on behalf of the City. As of November 18, 2022, Inland SoCal 211+ has processed 4,442 applications, assisted 1637 households, and disbursed over $16.6 million dollars (average assistance per household is $10,179.30) and counting. Inland SoCal 211+ continues to disburse funds from the final tranche of ERA 2 U.S Treasury funds to the last remaining applicants in the queue. Despite the number of households assisted and dollars disbursed to residents under this program, there is still a dire need in the community for rental and utility debt assistance. The City will continue to apply for any remaining funds available from either the U.S Department of Treasury or the State of California Department of Housing and Community Development.

Considering the anticipated limited availability of ERA funds, the Emergency Rental Assistance Sub-Committee met twice in October of 2022 to discuss how best to prioritize a small amount of ERA1 Reallocated funds the City recieved while adhering to the guidelines of the federal program.

Emergency Rental Assistance Sub-Committee Recommendations:

On March 3, 2021, the Mayor and City Council formally established the Emergency Rental Assistance Program Committee to serve in an advisory role to the Mayor and City Council on all issues pertaining to the program. The Sub-Committee has met semiregularly over the past year and a half to review data, discuss the programs direction and focus, and to make recommendations to the full Mayor and City Council. The committee met most recently on October 13, and October 24, 2022, to discuss program wind-down options, and how best to prioritize the limited remaining ERA funds at the City’s disposal. The Sub-Committee developed two funding priorities for the small amount of reallocated funds the City received since staff do not anticipate additional large disbursements of ERA funds from HCD or the U.S Treasury. If the City does receive an additional sizeable disbursement of emergency rental assistance funds from either the U.S Department of Treasury or HCD, staff will return with additional recommendations for the use of those funds. The Sub-Committee recommends that in expending ERA 1 Reallocated funds the program prioritize 1) Utility Debt Assistance, and 2) Eviction Prevention Services for applicants on the waitlist, or previously funded.

Staff concur with the recommendations of the Sub-Committee. Prioritizing utility debt assistance and eviction prevention services is the best use of the limited ERA 1 Reallocated funds.

Obligate ERA 1 Reallocated Funds:

As part of the U.S Department of Treasury Emergency Rental Assistance Program, the Treasury recently made a limited amount of additional funds available for jurisdictions participating in the program. These funds are termed “Reallocated Funds” which refers to any grant funding that has been voluntarily returned from jurisdictions participating in the program or recaptured by the U.S Department of Treasury. The City made several formal requests for ERA 1 Reallocated funds and was subsequently granted two (2) small disbursements in the amounts of $171,371.52, and $181,011.62, for a total of $352,383.14. Approximately $317,144.83 will be available for direct assistance Packet Pg. 3935
payments. These funds must be obligated via an executed agreement by December 29, 2022, to remain eligible for the City to expend through its emergency rental assistance program.

In order to satisfy the current needs of residents it is recommended that the Mayor and City Council formally accept these funds and obligate them via an amendment to the City’s current Emergency Rental Assistance Program administrators, Inland SoCal 211+.

Program Wind-Down:

To date, the City has made numerous requests for additional funds to the U.S Department of Treasury and the California Department of Housing and Community Development (“HCD”), but have only received a limited amount of ERA 1 Reallocated funds from the U.S Treasury. Although the City will continue these efforts, staff believe that both the Federal and State programs are in the process of winding down. The City will still be required to submit weekly, monthly, and ad-hoc reports to both the U.S Treasury and HCD until the grant program period of performance ends for ERA 2 on September 30, 2025. The City also anticipates additional administrative tasks (and expenses) well after the period of performance ends, such as closeout reporting, internal audits, and audits by the granting agencies. Staff will continue to facilitate Emergency Rental Assistance Sub-Committee meetings, and report to Council as necessary with any significant updates on the program.
2021-2025 Strategic Targets and Goals
The acceptance and disbursement of Emergency Rental Assistance Reallocated Funds aligns with Key Target No. 3. Improved Quality of Life.

Fiscal Impact
There is no fiscal impact to the general fund associated with this action. The ERA 1 budget will increase in revenues and expenditures by $352,383.14 with the acceptance of ERA1 reallocated funds. The City has received approximately $21 million from four separate emergency rental assistance funding programs, ERA 1 and ERA 1 Reallocated Funds, ERA 2, and ERA 2 State Block Grant. These funding sources have allowed the City to recover administrative fees, as such the administration costs associated with all four programs have remained budget neutral.

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

1. Receive and file an update on the City’s Emergency Rental Assistance Program (“ERAP”), including direct service funds administered by Inland SoCal United Way 211+ (“Inland SoCal 211+”).

2. Adopt Resolution 2022-255, accepting (2) two disbursements of Emergency Rental Assistance 1 (ERA 1) Reallocated Funds received from the U.S.

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Department of Treasury (“Treasury”) in the amount totaling $352,383.14, and authorizing the City Manager to execute an amendment to the ERA 1 Professional Services Agreement with Inland SoCal 211+ for the full administration of ERA 1 Reallocated funds ($341,811.65), increasing the total not to exceed amount by $24,666.82, for a new not to exceed amount of $713,814.99 for program administrative expenses by Inland SoCal 211+. All other ERA 1 Reallocated Funds will be spent on direct payment assistance as required by law.

Attachments
Attachment 1 ERA1 - Amendment 1 – Inland SoCal United Way 211+ Attachment 2 ERA1 - Amendment 2 – Inland SoCal United Way 211+ Attachment 3 ERA1 - Amendment 3 – Inland SoCal United Way 211+ Attachment 4 ERA1 Original Professional Services Agreement – Inland SoCal United Way 211+
Attachment 5 Resolution 2022-255
Attachment 6 City of San Bernardino Emergency Rental Assistance Program Statistics
Ward:

All Wards
Synopsis of Previous Council Actions:

September 16, 2020 Mayor and City Council approved a Substantial Amendment to the FY 2020-201 Action Plan that included $1,060,000 in CDBGCV funding for a local eviction prevention program.

February 11, 2021 Mayor and City Council selected Option C of the Emergency Rental Assistance Program and approved the establishment of a Council Committee to oversee the program.

April 21, 2021 Mayor and City Council authorized the City Manager to execute the Agreement with the Inland SoCal United Way in response to its issued RFP, to assist in the administration of the City’s Packet Pg. 3937
Emergency Rental Assistance Program and directed the City Manager to execute an MOU with the State related to Option ‘C’.

September 15, 2021 Mayor and City Council adopted Resolution No. 2021-224 authorizing participation in the State Rental Assistance Program (Option ‘B’) and authorizing the City Manager to execute the Master Agreement with HCD and a Second Amendment with
Inland SoCal 211+.

March 16, 2022 Mayor and City Council authorized the City Manager to execute the Agreement with the Inland SoCal United Way 211+ to assist in the administration of the City’s award of ERA 2 funds from the U.S Treasury.

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55600.00230\40872548.2
1 THIRD AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND SOUTHERN CALIFORNIA 211+
This Third Amendment to the Professional Services Agreement (“Third Amendment”) is made and entered into by and between the City of San Bernardino (“City”) and Inland Southern California 211+, a subsidiary of Inland Southern California United Way (“Consultant”) as of the last date set forth below. City and Consultant are collectively referred to herein as the “Parties.”

RECITALS
On December 27, 2020, the Consolidated Appropriations Act of 2021 (“CAA”) was signed into law. The legislation includes $25 billion in emergency rental assistance to assist households that are unable to pay rent or utilities, due to impacts of the COVID-19 pandemic. Tribal communities, U.S. territories, states and local governments with populations over 200,000 are eligible to receive funding.

The City, a public agency of the State of California (“State”), received an initial federal allocation of Six Million Four Hundred and Fifteen Thousand Six Hundred and Thirty Three Dollars ($6,415,633.00) from the United States Treasurer (“U.S. Treasury”) (“Federal Allocation”), of which Five Million Seven Hundred Seventy Four Thousand and Seventy Dollars ($5,774,070.00) was made available in direct assistance. Pursuant to federal regulations, the total administrative cost for the program at that time was Six Hundred and Forty One Thousand Five Hundred and Sixty Three Dollars ($641,563.00).

The Federal Allocation shall be used for the sole purpose of implementing an Emergency Rental Assistance Program (“ERAP 1”).

On March 9, 2021, a Request for Proposal (RFP# F-21-21)(“RFP”) for the administration of the Federal Allocation was issued. City selected Consultant to enter this Agreement for the Administration of the City’s Federal Allocation (or alternatively referred to herein as the “ERAP 1 Program”).

On April 21, 2021, City Council of the City of San Bernardino adopted Resolution No. 2021-92 authorizing the City Manager to execute an Agreement with Consultant to administer the City’s ERAP 1 Program.

The City and Consultant entered into that certain Professional Services Agreement on May 26, 2021 for the administration of the City’s ERAP 1 (“Agreement”) in a Not-TooExceed Amount of $448,410.00.

On March 11, 2021, the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021) (“ARPA”) was signed into law and herein incorporated into the Second Amendment to the Professional Services Agreement, executed by the parties on December 15, 2021, incorporated by reference (“Second Amendment”). Section 3201 of Subtitle B of Title III of ARPA established the federal Emergency Rental Assistance Program (“ERAP 2”), and authorized the direct allocation of emergency rental assistance Packet Pg. 3967
55600.00230\40872548.2
2 funds to states, units of local government, tribal communities, and territories. The ERAP 2 funds are intended to assist households that are unable to pay rent and utilities due to the COVID-19 pandemic.

The State enacted California Senate Bill No. 91 (2021-2022 Reg. Sess.) (“SB 91”) and Assembly Bill No. 832 (2021-22 Reg. Sess.) (“AB 832”) that established the State of California’s program for administering its share of ERAP funds (the “State Rental Assistance Program”). SB 91 added Chapter 17 (commencing with Section 50897) to Part 2 of Division 31 of the Health and Safety Code. Health and Safety Code section 50897.1, subdivision (a)(1), as amended by AB 832, authorizes the Department of Housing and Community Development (the “Department”) to administer the State Rental Assistance Funds in accordance with state and federal law.

On August 25, 2021, the Parties entered into an amendment to modify the ERAP 1 Program requirements to be consistent with AB 832 and to add measures to ensure compliance with federal allocation deadlines for the administration of the ERAP 1 program (“First Amendment”).

On September 15, 2021, the City Council adopted a Resolution to receive an allocation of State Rental Assistance Program Funds for ERAP 2 pursuant to Health and Safety Code section 50897.2.1, subdivision (2) (such allocation, a “Block Grant Award”) in the initial amount of $6,018,454.42 (“Initial Match”), and potentially two to three times that amount.

The City’s Block Grant Award is subject to the requirements of SB 91, AB 832, State Housing Department guidelines, and to the relevant requirements of the ARPA and U.S.

Treasury interpretive guidance, including guidance and program parameters required pursuant to the CAA, and to any and all such requirements as may be subsequently amended (collectively, the “Block Grant Award Requirements”).

The City and Department entered into a Standard Agreement (“Master Agreement”), to allocate the Block Grant Award for the administration of the City’s ERAP 2 State Block Grant, attached to the Second Amendment as Exhibit “E” by reference. The Initial Match was increased by the Department pursuant to the Master Agreement, and the City’s total Block Grant Award allocation was listed in the Master Agreement as $8,273,045.10.

However, at that time, the maximum amount that the Department was obligated to disburse to the City was listed as $2,407,381.77 in the Master Agreement. At that time the Second Amendment was executed, City was able to make $2,323,123.17 available to United Way, which includes the not-too-exceed amount contained within Exhibit B-1, the Schedule of Charges of the Second Amendment, which was amended subject to subsequent disbursements from the Department to City for Consultant to administer.

The Master Agreement requires the City to contractually obligate at least 75 percent of the first tranche of its ERAP 2 Block Grant Award by October 31, 2021. The final Master Agreement was provided by the Department to the City via email on November 17, 2021, and fully executed on November 19, 2021, following the October 31, 2021 deadline. The Department may waive the requirement for the first tranche of funds. However, the City may be required, pursuant to the Master Agreement, to repay the Department the amount Packet Pg. 3968
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3 of ERAP 2 State Block Award that has not been contractually obligated or expended by any AB 832 or federal deadlines.

The Second Amendment authorized the Consultant to administer the City’s ERAP 2 State Block Grant, in addition to the administration of ERAP 1 under the CAA and increased the Consultant’s total compensation amount by $240,738.17, from the previous amount of $448,410.00, for a new not to exceed amount of $689,148.17. The increased compensation for the administration of City’s ERAP 2 State Block Grant was ten percent (10%) of the initial disbursement and maximum amount of the Master Agreement with the Department, and will be further increased upon the distribution of additional funds from the Department pursuant to an amended Master Agreement.

The Parties now wish to amend the Agreement via this Third Amendment, for Consultant to obligate two additional disbursements of ERAP 1 reallocated funds received from the U.S. Department of Treasury (“Treasury”) for an amount totaling $352,383.14 at this time, with the possibility of future ERAP 1 reallocated funds in the future, and revise Section 10 of the Agreement to specify City’s preference for remaining ERAP 1 funds.

NOW, THEREFORE, the Parties agree as follows:

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

1. Section 4(a) of the Agreement is hereby amended to include Exhibit “B-2” Schedule of Charges (Supplemental), attached to this Third Amendment as Exhibit “B”-2 (Supplemental) and incorporated into the Agreement by this reference.

2. Section 4(b) of the Agreement is hereby revised to read, in its entirety, as follows:

In no event shall the total amount paid for services rendered by Consultant under this Agreement and its Supplemental Amendments exceed the sum of Seven Hundred Thirteen Thousand Eight Hundred Fourteen Dollars and Ninety Nine Cents ($713,814.99)(“Not-to-Exceed Amount”). This Not to Exceed Amount is to cover all related costs, and the City will not pay any additional fees for administrative expenses. Consultant may be required to submit administrative invoices to City for approval based on Exhibit “B,” the Schedule of Charges for the ERAP 1 Program, and Exhibits “B-1” and “B2” (Supplementals), including the Schedule of Charges for the ERAP 2 State Block Grant (collectively, the “Draw Down Schedule”). The City reserves the right to modify the Schedule of Charges in its sole discretion, including to add additional funds for either the ERAP 2 State Block Grant or Exhibit “B-2,” based on any reallocated ERAP 1 funds issued by the U.S.

Treasury. Invoices shall be based on the total of all Consultant’s services which have been completed to date, to City’s sole satisfaction. Consultant is required to separately account for allocations for the ERAP 1 Program, the ERAP 2 State Block Grant and any reallocated ERAP 1 funds issued to City by the Treasury. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services Packet Pg. 3969
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4 approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

3. Section 4(c) of the Agreement is hereby revised to read, in its entirety, as follows:

Consultant shall draw and expend Program funds to serve qualifying households in accordance with the schedules set forth in the Draw Down Schedules, beginning with the initial disbursement of the Federal Allocation following the execution of this Agreement. Disbursements as set forth in the Draw Down Schedules will be contingent on Consultant's compliance, in City's sole discretion, with all Program metrics contained in Exhibit "A" and Exhibit “A-1”, Scope of Service, including weekly reports that include total dollar value of applications paid, amount of Federal Allocation or State Block Grant or reallocated ERAP 1 funding remaining, and projections of how many additional applications may be funded, among others.

4. Section 6 is hereby revised to read, in its entirety, as follows:

This Agreement shall commence on the Effective Date and continue through December 31, 2023 (“Term”). The City may, at its sole discretion extend this Agreement on a 12-month basis not to exceed one(1) additional twelve month renewal term by giving written notice thereof to the Consultant not less than (30) calendar days before the end of the Agreement Term.

5. Section 10(c) of the Agreement is hereby revised to read, in its entirety, as follows:
(c.) The Consultant certifies that the activities carried out with funds provided by the City under this Agreement will only be used to cover costs to prevent, prepare for, and respond to COVID-19 as set forth in the 2021 Consolidated Appropriations Act, the American Rescue Plan Act of 2021 (collectively the “Acts”), and U.S. Treasury guidance, as well as applicable State authorities, SB 91, AB 832, and State Housing Department guidelines. Consultant shall prioritize remaining ERA 1 Reallocated Funds for utility debt and eviction prevention services, to the extent that prioritization is consistent with Program Guidelines and State and Federal law. However, in the event of conflict, the enabling Federal allocation law, and any applicable U.S.

Treasury guidance, shall control. This includes Consultant’s compliance with State Housing Department-approved program guidelines, which are incorporated by reference as a new Exhibit “F.” The Consultant acknowledges that the funds being provided by the City for the Program are distributed pursuant to Acts, and the Consultant agrees to comply with the requirements of the Acts, and any implementing regulations and programmatic requirements.

6. All other references in the Agreement to the CAA shall also include ARPA, as applicable. Otherwise, except as modified by this Third Amendment, all provisions Packet Pg. 3970
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5 of the Agreement, First Amendment and Second Amendment shall remain in full force and effect for the term thereof.

7. This Third Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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6 SIGNATURE PAGE FOR THIRD AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND INLAND SOUTHERN CALIFORNIA 211+
IN WITNESS WHEREOF, the Parties have executed this Third Amendment as of the last date listed below.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
Date
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

INLAND SOUTHERN CALIFORNIA
211+
Lisa Wright
President
Date
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EXHIBIT B-2

SCHEDULE OF CHARGES (SUPPLEMENTAL)
Program Requirement Cost
Call Center $2,160
Case Management $19,491.82
Application Portal: to include initial set-up
and ongoing maintenance and operations
$2,875
Fund Disbursement $140
Annual Administrative Program Cost $24,666.82
Draw Down Schedule*
Draw %**
Payment
Month/Year
Consultant
Administrative Program
Cost
Direct Service
Payment
Total
Upon receipt of
payment from the
State
$24,666.82 $317,144.83 $341,811.65
*All Draw Down Disbursements are based on compliance with ERAP and the terms of this Agreement, incorporated herein.
**If additional funds are allocated by the State, then the same pro-rata disbursement schedule shall apply to those additional funds.

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EXHIBIT F

HCD APPROVED PROGRAM GUIDELINES FOLLOWING APPROVAL OF THIRD

AMENDMENT
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Resolution No. 2022-255
Resolution 2022-255
December 7, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-255

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
ACCEPTING TWO ALLOCATIONS OF U.S DEPARTMENT
OF TREASURY ERA 1 REALLOCATED FUNDS IN THE
TOTAL AMOUNT OF $352,383.14; AUTHORIZING THE

CITY MANAGER TO EXECUTE AN AMENDMENT TO

THE PROFESSIONAL SERVICES AGREEMENT WITH
INLAND SOCAL UNITED WAY 211+ FOR THE
ADMINSTRATION OF ERA 1 REALLOCATED FUNDS;

AND AUTHORIZING THE AGENCY DIRECTOR OF

FINANCIAL SERVICES TO PROCESS A BUDGET

AMENDMENT IN REVENUES AND EXPENDITURES IN
THE AMOUNT OF $352,383.14 AND INCREASE THE ERA 1

PROGRAM PURCHASE ORDER ACCORDINGLY
WHEREAS, on December 27, 2020, President Biden signed into law the Consolidated Appropriations Act of 2021. The legislation includes $25 billion in emergency rental assistance to assist households that are unable to pay rent or utilities, due to impacts of the COVID-19 pandemic.

Tribal communities, U.S. territories, states and local governments with populations over 200,000 are eligible to receive funding; and
WHEREAS, the City of San Bernardino has received an allocation of $6.4 million from the United States Treasury (U.S. Treasury) for the implementation of an Emergency Rental Assistance Program (ERA1); and
WHEREAS, The ERA 1 program allows for the payment of rental arrears, utility arrears, and up to three months of prospective rent; and
WHEREAS, the City is one of only two jurisdictions in the County of San Bernardino to receive its own allocation, the other being the City of Fontana. The County of San Bernardino received an allocation of $52 million and the State of California received $1.5 billion; and WHEREAS, The City of San Bernardino was awarded two separate allocations of ERA 1 reallocated funds ($171,371.52, and $181,011.62) totaling $352,383.14, and intends to obligate those funds to Inland SoCal United 211+ via an amendment to a professional services agreement.

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 accept two allocations of ERA 1 reallocated funds ($171,371.52, and $181,011.62) totaling $352,383.14.

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Resolution No. 2022-255
Resolution 2022-255
December 7, 2022

Page 2 of 3 ends

SECTION 3. The Mayor and City Council hereby authorize the City Manager or designee to execute an amendment to the Professional Services Agreement with Inland SoCal United Way 211+ attached hereto as Exhibit “A”, in an amount not to exceed $713,814.99. The Mayor and City Council herby approve this Third Amendment in substantially final form subject to minor modifications by the City Manager in consultation with the City Attorney’s Office.

SECTION 4. The Agency Director for Administrative Services is hereby authorized to process a budget amendment in revenues and expenditures the amount of $352,383.14 and increase the ERA 1 program purchase order accordingly.

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

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

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2022-255
Resolution 2022-255
December 7, 2022

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-255, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
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City of San Bernardino Emergency Rental Assistance Program Statistics as of November 18, 2022
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The City has received a total of $21,059,515.66 in ERA funding from the U.S Department of Treasury and the California Department of Housing and Community Development.

Source Amount Received
ERA 1 U.S Treasury $ 6,415,633.00
ERA 1 Reallocated Funds U.S Treasury $ 352,383.14
ERA 2 State Block Grant $ 6,018,454.42
ERA 2 U.S Treasury $ 8,273,045.10
Total Received $ 21,059,515.66
Program Funding
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DATE RECEIVED TYPE SOURCE
February 2021 $ 6,415,633.00 ERA1 Funds U.S. Department of Treasury August 2022 $ 171,371.52 ERA1 Reallocated* U.S. Department of Treasury.

October 2022 $ 181,011.62 ERA1 Reallocated* U.S. Department of Treasury.

November 2021 $ 2,407,381.77 ERA2 State Block CA Housing & Community Dev.

February 2022 $ 3,611,072.65 ERA2 State Block CA Housing & Community Dev.

September 2021 $ 3,309,218.00 ERA2 Funds U.S. Department of Treasury.

June 2022 $ 2,481,913.53 ERA2 Funds U.S. Department of Treasury September 2022 $ 2,481,913.57 ERA2 Funds U.S. Department of Treasury *Reallocated Funds are funds that have been voluntarily or involuntarily returned to the grant program from participating jurisdictions.

Program Funding Timeline
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Program Statistics
As of November 18, 2022:
➢ Total Applications Processed
▪ 4,442
➢ Total Households Assisted
▪ 1,637
➢ Total Funded in Direct Assistance
▪ $16,663,617.05
➢ Total Received in Direct Assistance
▪ $18,329,269.67
➢ Average Assistance per Household
• $10,179.30
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Program Demographics
42%
32%
26%
Below 30
Between 30-
50 Between 50-
80 1%
75%
24%
Decline to
Answer
Female
Male
AMI Gender
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2% 1%
46%
24%
1%
26%
American Indian
or Alaska Native
Asian
Black or African
American
Declined to
Answer
Native Hawaiian
or Other Pacific
Islander
5%
41% 54%
Decline to Answer
Hispanic or Latino
Not Hispanic or
Latino
Program Demographics
Race Ethnicity
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0%
12%
14%
26%
40%
8%
0-17
74+
45-54
35-44
25-34
55-64
24%
22%
20%
17%
11%
4%
1% 1% 0%
1 2
3 4
5 6
7 8
9 Seniors = 9.4% Average HH Size = 2.9
Program Demographics
Age of Applicant Household Members
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Nathan Freeman, Agency Director of Community, Housing, and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: First Amendment to Subrecipient Agreement with Asociacíon de Emprendedor@s.

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino approve the First Amendment to the Subrecipient Agreement with the Asociacíon de Emprendedor@s to extend the period in which to expend Community Development Block Grant (CDBG) funds to March 31, 2023.

Background
The City was a recipient of CDBG funding from the United States Department of Housing and Urban Development (“HUD”) for Fiscal Year 2021-2022.

On July 1, 2021, the City entered into an agreement with Asociacíon de Emprendedor@s, a private non-profit corporation licensed to do business in the State of California, which authorized $35,000 in CDBG funds to provide microenterprise training to entrepreneurs and small businesses owners within the City’s Hispanic/Latino community.

However, the noted agreement was delayed and not fully executed until September 30, 2021. Unfortunately, this delay placed Asociacíon de Emprendedor@s behind schedule, and it was unable to begin its initial training sessions on time, which also delayed subsequent training programs.

Discussion
The intent of the programs offered by Asociacíon de Emprendedor@s are to help small business owners establish and grow their small businesses. The long-term goals of these programs align directly to Asociacíon de Emprendedor@’s mission, which is to Packet Pg. 4023
educate, motivate, empower, and develop the leadership and business skills of Hispanic entrepreneurs by offering support and resources to help them to achieve success in their companies. Due to the delay in executing the agreement, Asociacion de Empendedor@s has requested an extension of their agreement end date from June 30, 2022, to March 31, 2023. With this extension, Asociacíon de Emprendedor@s will be able to expend their awarded contract amount and fulfill the terms of their initial contract.

Lastly, to date, Asociacion de Empendedor@s has expended approximately $23,375 (of the awarded $35,000), has assisted 45 San Bernardino-based companies and entrepreneurs, and has completed four 8-week workshops. Unfortunately, this contract extension is being brought before the City Council later than originally anticipated because the last of Asociacion de Empendedor@s workshops was completed in September of 2022 and their invoice was not submitted to staff until October of 2022. 2021-2025 Strategic Targets and Goals
Approval of the First Amendment to the Subrecipient Agreement with Asociacíon de Emprendedor@s aligns with Key Target Goal No. 2: Focused, Aligned Leadership and Unified Community and, more specifically, 2a: Building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
There is no anticipated fiscal impact to the General Fund associated with this report.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the First Amendment to the Subrecipient Agreement with the Asociacíon de Emprendedor@s to extend the period in which to expend Community Development Block Grant (CDBG) funds to March 31, 2023.

Attachments
Attachment 1 Original Subrecipient Agreement with Asociacíon de Emprendedor@s
Attachment 2 First Amendment of the Subrecipient Agreement with Asociacíon de Emprendedor@s
Ward:

All wards
Synopsis of Previous Council Actions:

July 1, 2021 The Mayor and City Council approved Subrecipient Agreement with Asociacíon de Emprendedor@s
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55600.00100\40832566.1
-1-

FIRST AMENDMENT TO

COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT WITH ASOCIACIÓN DE EMPRENDEDOR@S
This First Amendment to the Community Development Block Grant Subrecipient Agreement (“First Amendment”) is made and entered into as of December 7, 2022 (“Effective Date”) by and between the City of San Bernardino, a California municipal corporation and charter city (“City”), and Asociación De Emprendedor@S, a California corporation (“Subrecipient”). City and Subrecipient are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. The City and the Subrecipient have entered into a Community Development Block Grant Subrecipient Agreement, dated July 1, 2021, for the purpose of the City providing to Subrecipient a subgrant from Community Development Block Grant (“CDBG”) funds provided to the City by the United States Department of Housing and Urban Development (“HUD”) (the “Agreement”).

B. The Parties desire to amend the Agreement to extend the term of the Agreement to March 31, 2023.

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

AGREEMENT

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

2. Amendment to Section 4 of the Agreement. Section 4 of the Agreement is hereby amended to read in its entirety as set forth in Exhibit “A” to this Agreement, which is attached hereto and incorporated herein by this reference.

3. Full Force. Except as amended by this First Amendment, all provisions of the Agreement, including, without limitation, the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this First Amendment.

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

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-2-

5. Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

SUBRECIPIENT
Signature
Name
Title
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-3-
Exhibit “A”
Amended Section 1 of the Agreement
“Section 1. Definitions.

Definitions.

The following capitalized terms used in this Agreement shall have the following meanings:
"Agreement" means this Community Development Block Grant Subrecipient Agreement by and between the City and the Subrecipient.
"Budget" means the budget supplied by Subrecipient which (i) specifies how Subrecipient proposes that the Subgrant Proceeds be allocated among the following permitted uses: Rehabilitation Construction Costs, Construction Soft Costs and Administrative Costs, and (ii) is attached hereto as Exhibit B and incorporated herein by this reference.
"CDBG" is defined in Recital A hereof.
"CDBG Funds" is defined in Recital A hereof.
"C.F.R." means the Code of Federal Regulations.
"City" is defined in the initial paragraph of this Agreement and includes any assignee of or successor to the rights, powers and responsibilities of the City. The Director of the Department of Community and Economic Development of the City of San Bernardino, or such person's designee (hereinafter defined as the "City's Representative") shall represent the City in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City's Representative is authorized to act on behalf of the City unless this Agreement specifically provides otherwise or the context should otherwise require. "City's Representative" means the Executive Director of the City's Community Development Department, or such person's designee.
"Costs" means the supplies and materials necessary to provide Subrecipient's Services, including, without limitation, mileage and telephone costs. "Covenants Re: Use of Federal Funds" means those additional covenants of Subrecipient required due to the federal source of the Subgrant Proceeds which are attached hereto as Exhibit D and incorporated herein by this reference. "Date of Agreement" is defined in the initial paragraph of this Agreement. "Default" is defined in Section 7.1 hereof.
"Eligible Household" refers to low income households, whose gross annual income may not exceed the low-income limits defined as up to 80 percent of the San Bernardino County area median income (AMI) adjusted for household size and determined annually by the U.S. Department of Housing and Urban Development (HUD).

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"HUD" is defined in Recital A hereof.
"Maximum Amount of Subgrant" means $35,000
"Parties" is defined in Recital E hereof.
“Parties” is defined in Recital E hereof.
"Program Income" means gross income received by Subrecipient directly generated from the use of CDBG Funds. When such income is generated by an activity that is only partially assisted with CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. See Exhibit E attached hereto and 24 C.F.R. § 570.500(a) for a fuller description of Program Income. "Progress Reports" is defined in Section 3 of the Scope of Services. "Salary and Benefits" means the reasonable salary and benefits to be paid by Subrecipient to Staff.
"Scope of Services" means the description of the Subrecipient's Services which is attached hereto as Exhibit A and incorporated herein by this reference. "Staff' means each of the persons, individually, and all of the persons, collectively, hired by the Subrecipient to provide Subrecipient's Services under this Agreement. "Subgrant" is defined in Section 2.1 hereof.
"Subgrant Proceeds" means the proceeds of the Subgrant. "Subrecipient" is defined in the initial paragraph of this Agreement. The Subrecipient's Representative shall represent Subrecipient in all matters pertaining to this Agreement. Whenever a reference is made herein to an action or approval to be undertaken by Subrecipient, the Subrecipient's Representative is authorized to act on behalf of Subrecipient unless this Agreement specifically provides otherwise or the context should otherwise require. "Subrecipient's Representative" means Monica Robles.
"Subrecipient's Services" means the services provided by Subrecipient pursuant to this Agreement and includes, but is not limited to, the provision of the services set forth in the Scope of Services.
"Rehabilitation Costs" means costs associated with the completion of City approved projects as outlined in Exhibit A.
"Term" is defined in Section 4 hereof.
"Term Expiration Date" means March 31, 2023.”
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Development Code Amendment 22-05
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1601 amending Section 19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter 19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19) to update development standards for Commercial Cannabis Activities in accordance with Chapter 5.10 (Commercial Cannabis Activities) City of San Bernardino Municipal Code (Attachment 1); and finding that the Amendment is Exempt under the California Environmental Quality Act.

Background
On November 16, 2022, the Mayor and City Council conducted a public hearing on Development Code Amendment 22-05 to amend Section 19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter 19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19) to update development standards for Commercial Cannabis Activities in accordance with Chapter 5.10 (Commercial Cannabis Activities) City of San Bernardino Municipal Code. Subsequent to the Mayor and City Council discussion, the City Council introduced Ordinance No. MC-1601.

Discussion
Development Code Amendment 22-05 amends Section 19.02.050 within Chapter

19.02, Chapter 19.06, Chapter 19.08, and Section 19.08.030(2)(3) within Chapter

19.08 of Title 19 (Land Use) of City of San Bernardino Municipal Code.

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2021-2025 Strategic Targets and Goals
Development Code Amendment 22-05 aligns with Strategic Target No. 4: Economic Growth & Development, under 4(b): Update the General Plan and Development Code.

Specifically, the amendment to the Development Code for Commercial Cannabis Activities proposed under Development Code 22-05 will ensure that commercial cannabis activities allowed under Chapter 5.10 of the City’s Municipal Code are consistent with the City’s land use designations as required by the City’s General Plan.

Fiscal Impact
There is no fiscal impact associated with this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordnance No. MC-1601 amending Section 19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter 19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19) to update development standards for Commercial Cannabis Activities in accordance with Chapter 5.10 (Commercial Cannabis Activities) City of San Bernardino Municipal Code (Attachment 1); and finding that the Amendment is Exempt under the California Environmental Quality Act.

Attachments
Attachment 1 Ordinance No. MC-1601
Ward:

All Wards
Synopsis of Previous Council Actions:

November 16, 2022 Mayor and City Council introduced, read by title only, and waived further reading of Ordinance No. MCC -1601.

July 19, 2019 Mayor and City Council accepted for final reading and adopted Ordinance No. MC-1519 of the Mayor and City
Council of the City of San Bernardino, California, amending Section 5.10.250 of the City of San Bernardino Municipal Code relating to the location of cannabis businesses and approving Development Code Amendment 19-01 amending
Chapter 19.02 (Basic Provisions), Chapter 19.06
(Commercial Zones), Chapter 19.10 (Industrial Zones) and Chapter 19.70 (Temporary Use Permits) of the City of San Bernardino Development Code relating to Commercial
Cannabis Activities pursuant to Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code.

Packet Pg. 4063
September 5, 2018 Mayor and City Council accepted for final reading and adopted Ordinance No. MC-1503, which amended Chapter

5.10 of the San Bernardino Municipal Code related to the Regulation of Commercial Cannabis Activities.

March 7, 2018 Mayor and City Council accepted for final reading and adopted Ordinance No. MC-1464, approving Commercial
Cannabis Activity (Chapter 5.10 - Development Code
Amendment 18-02).

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Ordinance No. MC-1601
ORDINANCE NO. MC-1601

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF

SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT
CODE AMENDMENT 22-05 AMENDING SECTION 19.02.020
(DEFINITIONS), CHAPTER 19.06 (COMMERCIAL ZONES), AND
CHAPTER 19.10 (INDUSTRIAL ZONES) OF THE CITY OF SAN
BERNARDINO MUNICIPAL CODE (TITLE 19) TO UPDATE

DEVELOPMENT STANDARDS FOR COMMERCIAL CANNABIS
ACTIVITIES IN ACCORDANCE WITH CHAPTER 5.10 (COMMERCIAL

CANNABIS ACTIVITIES) OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE; AND FINDING THAT THE AMENDMENT IS

EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.

WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance No. MC1464 approving Chapter 5.10 of the City of San Bernardino Municipal Code to regulate Commercial Cannabis Activities; and
WHEREAS, on September 5, 2018, the Mayor and City Council adopted Ordinance No.

MC-1503, amending Chapter 5.10 of the City of San Bernardino Municipal Code related to the regulation of Commercial Cannabis Activities; which was subsequently approved by the registered voters on November 6, 2018; and
WHEREAS, on June 19, 2019, the Mayor and City Council adopted Ordinance No. MC1519, amending Chapter 19.02 (Basic Provisions), Chapter 19.06 (Commercial Zones), Chapter

19.10 (Industrial Zones) and Chapter 19.70 (Temporary Use Permits) in order to ensure consistency with Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code; and
WHEREAS, Development Code Amendment 22-05, is a City-initiated amendment to Section 19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter 19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19) to update development standards for Commercial Cannabis Activities in accordance with Chapter 5.10 (Commercial Cannabis Activities) City of San Bernardino Municipal Code; and WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has prepared Development Code Amendment 22-05 consistent with the City of San Bernardino General Plan, compliance with the City of San Bernardino Municipal Code, and compliance with the City of San Bernardino Development Code; and
WHEREAS, on August 9, 2022, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution 2022-040 recommending to the Mayor and City Council the approval of Development Code Amendment 22-05 amending Section 19.02.020 (Definitions), Chapter 19.06 (Commercial Packet Pg. 4065
Ordinance No. MC-1601
Zones), and Chapter 19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19) to update development standards for Commercial Cannabis Activities in accordance with Chapter 5.10 (Commercial Cannabis Activities) City of San Bernardino Municipal Code; and WHEREAS, on November 5, 2022, pursuant to the requirements Section 19.52.020 of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino of the holding of a public hearing for the Mayor and City Council’s consideration of this proposed Ordinance for Development Code Amendment 22-05; and
WHEREAS, pursuant to Section 19.42.040, the Mayor and City Council have the authority to take action on Development Code Amendment 22-05 based upon findings of fact.

NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.

SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of Development Code Amendment 22-05 and this Ordinance No. MC-1601 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change in the environment.

SECTION 3. Finding of Facts – Development Code Amendment 22-05 Finding No. 1: The proposed amendment is consistent with the General Plan.

Finding of Fact: The proposed amendment is consistent with the General Plan goals and policies including the following:

General Plan Land Use Element Policy 2.1.2: Require that new development with potentially adverse impacts on existing neighborhoods or residents such as noise, traffic, emissions, and storm water runoff, be located and designed so that quality of life and safety in existing neighborhoods are preserved.

General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element.

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Ordinance No. MC-1601
General Plan Land Use Element Policy 2.2.8: Control the Location and number of community-sensitive uses, such as alcohol sales, adult bookstores, and businesses, game arcades, and similar uses based on proximity to residences, schools, religious facilities, and parks.

Land Use Element Policy 2.2.10: The protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public.

The City of San Bernardino has a mixture of residential, industrial, commercial, and entertainment land uses. A number of these uses to include commercial and industrial uses can potentially have an adverse effect upon a residential neighborhood and community-sensitive uses. However, such industrial and commercial uses provide a vital role to the City’s economy.

Thus, it is important to maintain consistency between new land uses that may bring new economic growth to the City and existing residential neighborhoods. The amendment to the Land Use Regulations (Title 19) of the City of San Bernardino Municipal Code would be consistent with the City’s General Plan as it would ensure that commercial cannabis activity types are located within zone designations that have comparable land uses in order to protect residential zone from incompatible cannabis activities.

Additionally, the City would be able to ensure that the various types of cannabis activity comply with all applicable zoning and development standards in order to protect and maintain the quality of life of the City.

Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: The amendment would update Title 19 (Land Use) of the City of San Bernardino Municipal Code for the purpose of ensuring that commercial cannabis activity types are comparable to existing land use designations based on the type of use each cannabis operation undertakes. Additionally, in order to ensure that the quality of life for the City’s residents is maintained and not affected by the type of use each cannabis operation is undertaking, it will maintain that only qualified patients and persons over 21 years of age have safe access to cannabis. Therefore, the amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

SECTION 4. Adoption of Ordinance. Development Code Amendment 22-05 to amend Section 19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter 19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19), attached hereto and incorporated herein by reference as Exhibit “A” through “D”, is hereby approved.

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Ordinance No. MC-1601
SECTION 6. Notice of Exemption: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 22-05.

SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 9. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of December, 2022.
__________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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Ordinance No. MC-1601

CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO

CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC- 1601, introduced on November 16, 2022, and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the 7th day of December, 2022 by the following vote:

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for November 2022.

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

The detailed warrant registers are available on the City Website, and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
Discussion
Gross Payroll
Bi-Weekly for November 10, 2022 $2,878,193.01
Total Payroll Demands: $2,878,193.01
The following check registers are being presented for approval:

November 3, 2022 2022/23 (Register #20) $2,991,923.69
November 8, 2022 2022/23 (Register #21) $1,244,546.35
Total commercial check demands: $4,236,470.04
Packet Pg. 4070
2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions.

Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required.

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

Attachments
Attachment 1 Payroll Summary Report for November 2022
Attachment 2 Commercial checks & Payroll Register #20
Attachment 3 Commercial checks & Payroll Register #21
Attachment 4 Commercial EFT Registers #1366-1369
Attachment 5 Commercial EFT Registers #1370-1371
Attachment 6 Commercial EFT Registers #1372
Ward:

All Wards
Synopsis of Previous Council Actions:

The following Electronic Funds Transfer (EFT) registers presented for approval:

September 20 to September 28, 2022 2022/23 (Register #1366-1369) $ 1,088,510.39 October 4, 2023 2022/23 (Register #1370-1371) $ 553,306.13 October 6, 2023 2022/23 (Register #1372) $ 24,500.00
Total commercial EFT demands: $ 1,666,316.52
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Approving a Contract with Columbia Capital to
Provide Financial Services for Community Facility
Districts (Wards 3, 4, 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a contract with Columbia Capital in an amount not to exceed $55,000 that will be paid by developers and from bond proceeds for financial services related to Community Facility Districts, and authorize the City Manager or his designee to execute the agreement.

Background
The City of San Bernardino has a number of Community Facility Districts (CFDs) that are separate taxing districts under the Mello-Roos Act of 1982. These Districts require financial advisory services in their formation, and in the issuance of bonds to build infrastructure as part of development.

Discussion
From time-to-time developers forming or issuing bonds to add infrastructure to CFDs require financial services. The financial services provided by Columbia Capital for CFDs will be paid by the developer(s) if the services are related to the formation of a new CFD, and through bond proceeds if the services are related to the issuance of bonds for a CFD. The services provided are anticipated to be in relation to CFDs 2021- 1 (Ferree Street), 2022-1 (Highland/Medical) and 2022-2 (Palm).

Standard financial services provided include:

1. Analysis, review, and advice on proposed CFD formation actions and financing options. Provide supporting analysis as needed.

2. Review and confirm revenues available for debt service including review of special Packet Pg. 4109
tax formula and CFD report. Review resolution of intention, funding agreement, and resolution of formation.

3. Develop plan of finance including financing calendar.

4. Assist issuer in retaining other financing team members as required including bond underwriter, appraisers, and other professionals. Prepare RFPs as needed.

5. Evaluate underwriter responses if negotiated sale.

6. Review and evaluate debt structure options including recommended debt coverage, legal covenants, and other terms; work with staff, consultants, and board as necessary.

7. Modify plan of finance as needed.

8. Prepare required reports; prepare other reports, materials, and analysis required or requested.

9. Maintain and manage financing calendar.

10.Work with issue legal counsel in the drafting of required legal documents, investor disclosure documents, and bond sale documents and terms. To the extent the transaction includes a disclosure document (official statement or similar), review and comment on such disclosure document.

11.Assist issuer by managing the financing process; provide updated bond market information; provide advice on market conditions.

12.Advise on and coordinate bond sale including verifications, represent issuer in underwriter negotiations processes. Assess reasonableness of bond pricing and bond sale terms.

13.Assist issuer and legal counsel in finalizing bond and closing documents. Prepare closing memo and confirm all wiring instruction.

14.In conjunction with bond counsel, coordinate closing of transaction.

15.Provide post-closing follow up and advice as needed.

All or some of the above services may be required or requested on an as needed basis as outlined in the Engagement Letter (Attachment 1).
2021-2025 Strategic Targets and Goals
Community Facility Districts help to maintain the cleanliness and landscaping of developments within the City. This aligns with Strategic Goal number 3.d., Quality of Packet Pg. 4110
Life: Improve the City’s appearance, cleanliness and attractiveness.

Fiscal Impact
There is no fiscal impact to the City. The total contract cost will be between $45,000 and $55,000; the fees will be paid by developers or through bond proceeds.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a contract with Columbia Capital in an amount not to exceed $55,000 that will be paid by developers and from bond proceeds for financial services related to Community Facility Districts, and authorize the City Manager or his designee to execute the agreement.

Attachments
Attachment 1 – Engagement Letter with Columbia Capital
Ward:

Third Ward; Fourth Ward; Sixth Ward
Synopsis of Previous Council Actions:

March 3, 2021 Mayor and City Council of the City of San Bernardino, California adopted Resolution No. 2021-42 establishing
Community Facilities District No. 2021-1 (Ferree Street) March 3, 2021 Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2021-43 Declaring
Necessity to Incur a Bonded Indebtedness of Proposed
Community Facilities District No. 2021-1 (Ferree Street) July 16, 2022 Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2022-141 Declaring
Intention to Establish Proposed Community Facilities District No. 2022-1(Highland/Medical)
July 16, 2022 Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2022-142 Declaring
Necessity to Incur a Bonded Indebtedness of Proposed
Community Facilities District No. 2022-1 (Highland/Medical) July 16, 2022 Mayor and City Council of the City of San Mayor and City Council of the City of San Bernardino adopted Resolution No. 2022-143 Declaring Intention to Establish Proposed
Community Facilities District No. 2022-2 (Palm)
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July 16, 2022 Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2022-144 Declaring
Necessity to Incur a Bonded Indebtedness of Proposed
Community Facilities District No. 2022-2 (Palm)
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2292 Faraday Ave., Suite 100
Carlsbad, California 92008
Curt de Crinis, Managing Director
818.385.4900
[email protected]
November
17,
2022
Ms.

Barbara
Whitehorn
Agency
Director
of
Administrative
Services
City
of
San
Bernardino,
California
Via
Electronic
Mail
Re:

CFD
2021-‐1
Dear
Ms.

Whitehorn:

Thank
you
for
the
opportunity
to
provide
financial
advisory
services
to
the
City
of
San
Bernardino
(the
“City”).

Per
Section
5 (Additional
Work)
of
the
Professional
Services
Agreement
dated
November
22,
2019,
below
are
specific
services
related
to
for
CFD
2021-‐1
(Ferree
Street),
CFD
2022-‐1
(Highland
and
Medical),
CFD
2022-‐2
(Highland
and
Palm),
and

CFD
2022-‐3
(Riverwalk).

Below
is
an
outline
of
our
financial
advisory
services,
all
or
some
of
which
may
be
provided
to
the
City
on
an
as
needed
basis.

FINANCIAL

ADVISORY

SERVICES
Outlined
below
are
the
standard
municipal
advisory
services generally
provided
by
our

firm
when
municipal
bonds
are
issued.

Not
all
the
services
below
may
be
required
or

requested depending
on
the
circumstances
of
each
transaction.

1. Analyze,
review
and
advise
on
proposed
CFD
formation
actions
and
financing
options.

Provide
supporting
analysis
as
needed.

2. Review
and
confirm
revenues
available
for
debt
service
including
review
of
special
tax
formula
and
CFD
report.

Review
resolution
of
intention,
funding
agreement,
and
resolution
of
formation.

3. Develop
plan
of
finance
include
financing
calendar.

4. Assist
issuer
in
retaining
other
financing
team
members
as
required
including
bond
underwriter,
appraisers
and
other
professionals.

Prepare
RFPs
as
needed.

5. Evaluate
underwriter
responses
if
negotiated
sale.

6. Review
and
evaluate debt
structure
options
including
recommended
debt
coverage,
legal
covenants
and
other
terms;
work
with
staff,
consultants,
and
board
as

necessary.

7. Modify
plan
of
finance
as
needed.

8. Prepare
required
reports;
prepare
other
reports,
materials
and
analysis
required
or
requested.

9. Maintain
and
manage
financing
calendar.

10. Work
with
issue
legal
counsel
in
the
drafting
of
required
legal
documents,
investor
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INNOVATIVE SOLUTIONS. PROVEN RESULTS. COLUMBIA CAPITAL MANAGEMENT, LLC disclosure
documents
and
bond
sale
documents
and
terms.

To
the
extent
the
transaction
includes
a
disclosure
document
(official
statement
or
similar),
review
and
comment
on
such
disclosure
document.

11. Assist
issuer
by
managing
the
financing
process;
provide
updated
bond
market
information;
provide
advice
on
market
conditions.

12. Advise
on
and
coordinate
bond
sale
activities
including
verifications,
represent

issuer in
underwriter
negotiations
processes.

Assess
reasonableness
of
bond
pricing

and bond
sale
terms.

13. Assist
issuer
and
legal
counsel
in
finalizing
all
bond
documents
and
closing
documents.

Prepare
closing
memo
and confirm
all
wiring
instruction.

14. In
conjunction
with
bond
counsel,
coordinate
closing
of
transaction.

15. Provide
post-‐closing
follow
up
and
advice
as
needed.

FEE

PROPOSAL
For
services
related
to
the
issuance
of
CFD
bonds,
the
expect
fee
will
range
from
$45,000
to
$55,000
depending
on
final
scope
of
work
and
services
required
plus
expenses
not
to

exceed
5%
of
the
amounts
billed.

Fees
will
be contingent
and
paid
from
the
proceeds
of
the

CFD
bonds.

Columbia
will
assign
Curt
M
de
Crinis
as
the
primary
consultant
together
with
Adam
Pope
on
all
City
projects
to
be
assisted
as
needed
other
Columbia
Professionals
unless
otherwise
agreed.

For
the
CFD’s
yet
to
formed,
CFD
2022-‐1
(Highland
and
Medical),
CFD
2022-‐2
(Highland
and
Palm),
and
CFD
2022-‐3
(Riverwalk)
Columbia
proposes
an
hourly
fee
of

$285 to
provide
services
on
an
as
needed
basis
for
CFD
formation
with
a
not
to
exceed

amount
of $15,000.

Amount
due
to
be
paid
from
Developer
deposits.

TERM
OF

AGREEMENT
This
agreement
will
remain
in
force
until
terminated
by
one
of
the
parties.

The
City
may

terminate
this
engagement
at
any
time
upon
60 days’
written
notice
and
the
payment
of
all
fees
earned.

Columbia
Capital
may
terminate
the
agreement
upon
60 days’
written
notice

to the
City.

FIDUCIARY
DUTY
Columbia
Capital
is
registered
as
a
Municipal
Advisor
with
the
SEC
and
Municipal
Securities

Rulemaking
Board
(“MSRB”).

As
such,
Columbia
Capital
has
a
fiduciary
duty
to
the
City
and
assumes
both
a
duty
of
care
and
a
duty
of
loyalty
as
required
by
Federal
law.

STANDARD

DISCLOSURES
We
have
provided
you
with
Columbia
Capital’s
Standard
Disclosures
under
separate
cover.

These
Standard
Disclosures
are
provided
to
you
in
accordance
with
MSRB
Rule
G-‐42(b).

If
these
terms
are
satisfactory
to
the
City,
please
provide
your
signature
below
and
return

an executed
copy
to
me
by
PDF
or
hard
copy.

We
look
forward
to
working
with
you!
Respectfully
submitted,

COLUMBIA

CAPITAL

MANAGEMENT,
LLC
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INNOVATIVE SOLUTIONS. PROVEN RESULTS. COLUMBIA CAPITAL MANAGEMENT, LLC Curt
M. de
Crinis

Managing
Director
and
LLC
Member

ACKNOWLEDGED AND ACCEPTED
______________________________________________________ _____________________________ City of San Bernardino Date
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Accept the Project Safe Neighborhoods Grant (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-243:

1. Authorizing the City Manager to accept the FY 2019 Project Safe Neighborhoods Grant, and

2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $177,154.51 in both revenue and expenditures.

Background
The Project Safe Neighborhoods (PSN) Program is administered by the U.S.

Department of Justice (DOJ) and Bureau of Justice Assistance (BJA) through the Children’s Initiative. The PSN program is a competitive grant process designed to create and encourage safer neighborhoods through a sustained reduction in violent crime. The Department submitted a proposal and was awarded PSN grant funds in FY 20/21 to pay officers overtime for data-driven proactive patrols in high-crime areas of the city. The program contributed to a record number of firearms recovered in 2021.

The success and attention brought by the program led the grantor to identify the City of San Bernardino as one of two target areas for the FY 22/23 grant solicitation. The Department submitted a proposal for FY22/23 and was awarded funding once again.

Based on the success of the previous program the Department was invited to apply for grant funding that remained from FY 19/20. The Department submitted a third proposal for the competitive process and successfully secured $177,154. 51 in grant funding to support the proposed violent crime reduction program.

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Discussion
The PSN program is designed to create and encourage safer neighborhoods through a sustained reduction in violent crime. Grant funding was approved to deploy datadriven Emergency Response Teams to reduce the occurrence of violent crime and respond to emergency calls for service. The Department expects to utilize all funds from this grant in FY 2022/23.
2021-2025 Strategic Targets and Goals
The request to authorize the receipt, obligation and expenditure of the FY 2019 Project Safe Neighborhoods Grant aligns with Key Target No. 1. Improved Operational & Financial Capacity - Implement, maintain, and update a fiscal accountability plan.

Fiscal Impact
There is no financial impact to the General Fund with this recommendation. The FY 2022/23 budget will be amended in both revenues and expenditures by $177,154.51.

There are no match requirements under this grant.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-243:

1. Authorizing the City Manager to accept the FY 2019 Project Safe Neighborhoods Grant, and

2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $177,154.51 in both revenue and expenditures
Attachments
Attachment 1 - Resolution 2022-243
Attachment 2 - Subaward Information Letter
Ward:

All Wards
Synopsis of Previous Council Actions:

Sept 21, 2022 Mayor and City Council adopted resolution No. 2022-192 authorizing the City Manager to accept the FY 2021 Project Safe Neighborhoods Grant and the Director of Finance to amend the FY 2022/2023 adopted budget approving $200,000 in both revenue and expenditures.

June 6, 2021 Mayor and City Council adopted resolution No. 2021-132 authorizing the City Manager to accept the FY 2020 Project Safe Neighborhoods Grant and the Director of Finance to amend the FY Packet Pg. 4117
2020/21 adopted budget appropriating $174,496 in both revenue and expenditures.

Packet Pg. 4118
Resolution No. 2022-243
RESOLUTION NO. 2022-243

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT THE
FY 2019 PROJECT SAFE NEIGHBORHOODS GRANT AND

AUTHORIZE THE AGENCY DIRECTOR OF

ADMINISTRATIVE SERVICES TO AMEND THE FY
2022/23 ADOPTED BUDGET APPROPRIATING $177,154.51

IN BOTH REVENUE AND EXPENDITURES
WHEREAS, the City of San Bernardino has been awarded the FY 2019 Project Safe Neighborhoods Grant funding in the amount of $177.154.51; and, WHEREAS,. The City will use grant funding to deploy Emergency Response Teams to respond to emergency calls and use data-driven impact patrols to help reduce violent crime in the City.

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 is hereby authorized to execute the grant agreement between the City of San Bernardino and the Children’s Initiative and accept the FY 2019 Project Safe Neighborhoods Grant in the amount of $177,154.51.

SECTION 3. The Agency Director of Administrative Services is hereby authorized to amend the FY 2022/23 Adopted Budget increasing revenue and expenditures by $177,154.51.

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

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

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

Packet Pg. 4119
Resolution No. 2022-243
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 4120
Resolution No. 2022-243

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:

Genoveva Rocha, CMC, City Clerk
Packet Pg. 4121
Packet Pg. 4122

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Notification to Civilian Governing Body and Local Community for the potential intent to request
controlled equipment from the Federal Government
(All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the proposed “Notification to Civilian Governing Body and Local Community” letter, as required by Presidential Executive Order 14074 governing the potential acquisition of controlled federal government property.

Background
On May 25, 2022, Presidential Executive Order (EO) 14074 “Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety” was signed by President Biden. This EO, in part, controlled the transfer/purchase of certain federal equipment. Specifically, EO 14074 requires local law enforcement agencies to notify both the community and their governing body of any potential intent to request controlled property.

Historically, the San Bernardino Police Department has utilized the Law Enforcement Support Program (LESO) to acquire federal equipment to help support and streamline policing operations. Over the years LESO has augmented the City budget by hundreds of thousands of dollars, that would have traditionally been encumbered from the General Fund. Our LESO coordinator provided working documentation to ensure the needs of EO 14074 are met.

Discussion
The San Bernardino Police Department is responsible for providing policing services to the community. The Department’s primary objective is to provide said services as safely as possible for the community and staff. As such, various equipment is used to increase its efficacy. The needed equipment is acquired a multitude of ways. One Packet Pg. 4123
method of obtaining needed equipment is through LESO. This program allows local agencies to attain federally controlled equipment that the Federal Government no longer needs.

In addition to the standard protocols set in place, to ensure departmental accountability for the relinquished equipment, EO 14074 now requires notification of any potential intent to acquire listed equipment. LESO requested this notification to be completed prior to the culmination of calendar year 2022, to ensure agencies' future competitive ability to ascertain needed equipment.

Though the San Bernardino Police Department does not currently have any specific intent to request any of the listed property, the notification must be completed prior to the request being made. LESO deploys an expedited process, precluding the Department’s ability to make said notification prior to any specific request. As such, the included list of Controlled Property Description is all-inclusive of the equipment controlled by EO 14074. By including all controlled equipment, it poises the Department for the greatest success when required items become available.

Attached is the Notification to Civilian Governing Body and Local Community letter signed by the Chief of Police and published on the Department website. This document will be sent to our LESO coordinator once viewed and approved by the Mayor and City Council. By doing so, the Department will once again be eligible to request equipment through LESO.
2021-2025 Strategic Targets and Goals
Approving the notification aligns with Key Target No 2: Focused, Aligned Leadership and Unified Community, specifically 3b, evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness, and 3: Improve Quality of Life, specifically 2c, evaluate and enhance the quality of public safety services.

Fiscal Impact
There is no fiscal impact to the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the proposed “Notification to Civilian Governing Body and Local Community” letter, as required by Presidential Executive Order 14074 governing the potential acquisition of controlled federal government property.

Attachments
Attachment 1 – Notification to Civilian Governing Body and Local Community Ward:

All Wards
Packet Pg. 4124
Synopsis of Previous Council Actions:

None
Packet Pg. 4125
Packet Pg. 4126
Packet Pg. 4127

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks & Recreation & Community Services
Subject: Execution of Amendment 2 to Professional Services Agreement to PM Group, DBA The Printery, in the
amount of $83,500 for the design, print, and mail
preparation of City of San Bernardino Parks,
Recreation and Community Services Department
trimester brochure for FY2022-2023
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2022-256 authorizing the City Manager or his designee to execute Amendment 2 to Professional Services Agreement (PSA) between the City and the PM Group, DBA The Printery (“Printery”), for the design, print, and mail preparation services of the Parks, Recreation and Community Services Department (“PRCSD”) trimester brochure for FY2022-2023.

Background
The Parks, Recreation, and Community Services Department provides a diverse system of open spaces, meeting centers, programs, and community services to meet the social and leisure needs of the public and enhance the quality of life for all city residents. The PRCSD brochure plays a critical role in communicating the department mission to the community.

The brochure of activities provides information and highlights the quality programming offered through the department divisions: Aquatics, Sports, Center for Individual Development, Special Events, Community Centers, Senior Services (including the Packet Pg. 4128
Retired Senior Volunteer Program and the Senior Companion Program), and Outdoor Facilities (including picnic areas, community gardens, outdoor sports courts, special play courts, exercise equipment, and sports fields).

Discussion
Most of the City of San Bernardino residents were unaware of all the services provided through the PRCSD. Marketing efforts through social media and other technologybased platforms have not been as effective as printed media in the department’s outreach efforts. Recognizing the appeal of the brochures by the community and the positive outcomes in communicating and informing the city’s residents at large, the PRCSD is committed to continuing to develop robust brochures, which will serve as a guide for ongoing and seasonal activities, programs, and events. Greater awareness will equate to increased service participation and higher revenues through user fee collection.

Staff recommends the Mayor and City Council authorize the City to execute a one-year extension to the PSA for designing, printing, and mailing the City of San Bernardino PRCSD trimester brochure for FY2022-2023. Under the current agreement (Attachment 4), the City reserves the right to extend the contract up to four (4) additional one (1) year periods, in an amount not to exceed 110% of the annual contract amount of $97,635, to consider the current volatile price increases due to paper supply shortages due to the COVID-19 pandemic. The FY 2022-2023 PSA with the Printery will not exceed $83,500.
2021-2025 Key Strategic Targets and Goals
Adoption of this Resolution aligns with Strategic Target No. 2: Focused, Aligned Leadership and Unified Community by providing access to information through the PRCSD brochure, which will boost program participation and community engagement; and Strategic Target No. 3: Improved Quality of Life by serving as a tool to enhance customer service and a primary promotional source for essential PRCSD services and facilities to the community.

Fiscal Impact
The Fiscal Year 2022-2023 adopted budget currently has $100,500 budgeted for the design, print, and mail of the City of San Bernardino PRCSD trimester brochure.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2022-256 authorizing the City Manager or his designee to execute Amendment 2 to Professional Services Agreement (PSA) between the City and the PM Group, DBA The Printery (“Printery”), for the design, print, and mail preparation services of the Parks, Recreation and Community Services Department (“PRCSD”) trimester brochure for FY2022-2023.

Attachments
Attachment 1 - Resolution 2022-256 Printery PSA Extension Packet Pg. 4129
Attachment 2 - Contract Amendment 2-THE PM GROUP
Attachment 3 - Res 2021-253 PM Group Brochure
Attachment 4 - PSA with PM Group SIGNED
Attachment 5 - PM Amendment 1 SIGNED
Ward:

All Wards
Synopsis of Previous Council Actions:

June 20, 2022 The City of San Bernardino, CA approved Amendment 1 to the PSA between the City and the PM Group, increasing the compensation to $97,635 to cover Spanish translation
services and extending the contract to August 31, 2022.

October 21, 2021 The Mayor and City Council of the City of San Bernardino, CA adopted Resolution 2021-253 approving the PSA
between the City and the PM Group in the amount of 67,635 for the print and design of the PRCSD trimester brochure.

Packet Pg. 4130
Resolution No. 2022-256
Resolution 2022-256
December 7, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-256

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO EXECUTE AMENDMENT 2 TO PROFESSIONAL

SERVICES AGREEMENT WITH THE PM GROUP DBA
THE PRINTERY IN THE AMOUNT OF $83,500 FOR THE

DESIGN, PRINT, AND MAIL PREPARATION SERVICES

OF THE CITY OF SAN BERNARDINO PRCSD TRIMESTER
BROCHURE FOR FY2022-2023.

WHEREAS, the Parks, Recreation, and Community Services Department (PRCSD) provides a diversified system of open spaces, meeting centers, programs and community services to meet social and leisure needs and enhance the quality of life for all city residents; and WHEREAS, the PRCSD wishes to promote city-wide facilities, programs, and services through a direct mail brochure to the community at large; and WHEREAS, the City reserves the right to extend the term agreement up to four (4) one (1) year periods in the amount not to exceed 110% of the annual contract amount of $97,635.

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

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

SECTION 2. The Mayor and City Council hereby authorize the City Manager or his designee, to execute the Professional Services Agreement (PSA) to The PM Group, DBA the Printery, in the amount of $83,500 for design, print, and mail preparation of the City of San Bernardino PRCSD trimester Brochure.

SECTION 3. The Agency Director of Administrative Services is authorized and directed to issue a purchase order in the amount of $83,500 to the PM Group, DBA the Printery, for this service.

SECTION 4. 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.

Packet Pg. 4131
Resolution No. 2022-256
Resolution 2022-256
December 7, 2022

Page 2 of 3 ends

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 7th day of December 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 4132
Resolution No. 2022-256
Resolution 2022-256
December 7, 2022

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-256, adopted at a regular meeting held on the 7th day of December 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Pg. 4133
AMENDMENT NO. 2 TO

AGREEMENT FOR DESIGN, PRINT, AND MAIL PREPARATION OF CITY OF SAN

BERNARDINO PARKS RECREATION AND COMMUNITY SERVICES BROCHURE

OF ACTIVITIES

WITH THE PM GROUP, DBA THE PRINTERY
This Amendment No. 2 to the Agreement for design, print, and mail preparation of City of San Bernardino Parks, Recreation and Community Services brochure of activities is made and entered into as of December 7, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and the PM Group DBA The Printery, a California Corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
WHEREAS, the City and the Consultant have entered into an agreement, dated October 20, 2021 for the purpose of providing the print, design, and mail preparation of the City of San Bernardino Parks, Recreation and Community Services brochure of activities (the “Master Agreement”).

WHEREAS, the City and the Consultant have entered into an Amendment No. 1 to the Master Agreement, dated October 20, 2021 for the purpose of amending the compensation from $67,635 to $97,635.

WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional term of one year, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No.2 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Term. The term of the Master Agreement shall be extended for an additional term of one year through June 30, 2023, unless earlier terminated.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 2 shall not exceed Eighty-Three Thousand Five hundred dollars ($83,500), thereby decreasing the total not to exceed compensation of the Master Packet Pg. 4134
Agreement to the amount of Ninety-Seven thousand six-hundred and thirty -five dollars ($97,635) Work shall be performed at the rates set forth in the Master Agreement.

4. Full Force. Except as amended by this Amendment No. 2, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2.

5. Electronic Transmission. A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Packet Pg. 4135

SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE FOR DESIGN, PRINT, AND MAIL PREPARATION OF

CITY OF SAN BERNARDINO PARKS RECREATION AND COMMUNITY SERVICES

BROCHURE OF ACTIVITIES AGREEMENT

WITH THE PM GROUP DBA THE PRINTERY
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

ROBERT D. FIELD

CITY MANAGER
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

THE PM GROUP DBA THE PRINTERY
Signature
Name
Title
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks, Recreation & Community Services
Subject: Allocation of $25,000 from the Cultural Development Impact Fund for the repair and maintenance of Citywide memorial plaques and statues for FY 2022-2023 Recommendation:

Adopt Resolution No. 2022-257 of the Mayor and City Council of the City of San Bernardino, California: Authorizing the Agency Director of Administrative Services to allocate funds in the amount of $25,000 from the Cultural Development Impact Fund for the repair and maintenance of City-wide memorial plaques and statues for FY 2022- 2023.

Background
The Arts and Historical Preservation Commission (“Commission”) worked with Parks, Recreation and Community Services staff to develop a maintenance and repair plan for the memorial plaques and statues throughout the City that need repair. Currently, there are three priority projects that require immediate repair, maintenance, and possible replacement. The stone on the Vietnam memorial granite rock in front of the flagpole at City Hall, the Martin Luther King Jr. statue next to the fountains at City Hall, and the angel at La Plaza Park have been identified as the three priority projects.

Discussion
Staff took this recommendation to the Commission and a motion was carried to provide the Council with recommendations to use $25,000 in FY 2022-2023 for the repairs of the granite stone, Martin Luther King, Jr. statue, and the angel at La Plaza Park. Staff is also working with the Public Works Department to create a list of all memorial Packet Pg. 4161
plaques, statues, and dedications to ensure a continuous effort of improving those that have been vandalized. The last maintenance and repairs of the three memorials were between $8,000-$12,000 per memorial. The Commission decided $25,000 would be sufficient to address the needs of the three memorials for the remainder of FY2023.

The maintenance and repair of the memorial plaques and statues will be a combination of efforts from the Public Works department staff and vendors who specialize in the production of stone memorials, for example, Frank L. Ricker Memorials will create the stone memorial and the Public Works Maintenance and Facilities team will install the stone in the Vietnam memorial granite rock by the flagpole in front of City Hall. City staff will adhere to City procurement guidelines to secure vendors for repairs of the memorial.
2021-2025 Strategic Targets and Goals
The allocation of Cultural Development Impact funds for the maintenance and repair of City-wide memorial plaques and statues for FY 2023 aligns with Goal No. 2:

Focused, Aligned Leadership and Unified Community by providing opportunities to the community to visit the memorials and learn about the individuals or dedications at each site.

Fiscal Impact
There is no General Fund impact associated with this action. Funding is available in the Cultural Development Impact Fund to cover the proposed expenditures.

Conclusion
Adopt Resolution No. 2022-257 of the Mayor and City Council of the City of San Bernardino, California: Authorizing the Agency Director of Administrative Services to allocate funds in the amount of $25,000 from the Cultural Development Impact Fund for the repair and maintenance of City-wide memorial plaques and statues for FY 2022- 2023.

Attachments

1. Attachment-1 Resolution 2022-257 Allocation of Cultural Development Impact Funds to Repair City Memorials

2. Attachment-2 Arts and Historical Preservation Commission Meeting Minutes-10172022
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
Packet Pg. 4162
Resolution No. 2022-257
Resolution 2022-257
December 7, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-257

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZE THE AGENCY DIRECTOR OF

ADMINISTRATIVE SERVICES TO ALLOCATE FUNDS IN
THE AMOUNT OF $25,000 FROM THE CULTURAL

DEVELOPMENT IMPACT FUND FOR THE

MAINTENANCE AND REPAIR OF CITY-WIDE
MEMORIAL PLAQUES AND STATUES FOR FY 22-23
WHEREAS, the City collects Cultural Development Construction Fee pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine art and cultures; and WHEREAS, the Parks, Recreation and Community Services Department and the Arts and Historical Preservation have developed a maintenance repair plan for the memorial plaques and statues throughout the City that are in need of repair; and WHEREAS, three priority projects have been identified by the Department and Commission: granite stone for Vietnam memorial and Martin Luther King Statue in front of City Hall, and the angel statue at La Plaza Park; and
WHEREAS, the allocation of Cultural Development Impact Funds to the repair of Citywide memorial plaques and statues will show respect and pride for the achievements and historical moments they represent.

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

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

SECTION 2. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to allocate $25,000 in the Cultural Development Impact Fund for city wide the repair of City-wide memorial plaques and statues for Fiscal Year 2022-2023.

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.

Packet Pg. 4163
Resolution No. 2022-257
Resolution 2022-257
December 7, 2022

Page 2 of 3 ends

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of December 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Pg. 4164
Resolution No. 2022-257
Resolution 2022-257
December 7, 2022

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-257, adopted at a regular meeting held on the 7th day of December 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Pg. 4165
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
http://www.sbcity.org
Arts & Historical Preservation Commission of the City of San Bernardino Page 1 11/17/2022

MINUTES

FOR THE

ARTS AND HISTORICAL PRESERVATION COMMISSION

OF THE CITY OF SAN BERNARDINO
MONDAY, OCTOBER 17, 2022

BOARD ROOM

CALL TO ORDER
The Regular Meeting of the Arts and Historical Preservation Commission of the City of San Bernardino was called to order by Anthony Aguirre, Vice Chairperson at 4:03 pm, September 19, 2022, in the Board Room, 201 North “E” Street, 3rd Floor, San Bernardino, CA.

PLEDGE OF ALLEGIANCE

ROLL CALL
Attendee Name Title Status Arrived
Steven W. Bielak Commissioner, Ward 1 Present 3:54 pm
Darlene M. Herrera Commissioner, Ward 2 Present 3:55 pm Anthony R. Aguirre Commissioner, Ward 3 Present 3:57 pm Tawnya D. RhoadesHensleyCommissioner, Ward 4 Absent
Michael J. Segura Commissioner, Ward 5 Present 4:01 pm
Lucy J. Sunga Commissioner, Ward 6 Present 3:50 pm
Robert A. Porter Commissioner, Ward 7 Present 3:50 pm
Alfredo Quirarte Commissioner, Mayor’s
Appointee
Absent
Alissa Payne Commissioner, Mayor’s
Appointee
Present 4:05 pm
Lydie Gutfeld Staff Liaison Present 3:57 pm
Chairperson Tawnya RhoadesHensley
Vice Chairperson – Anthony R. Aguirre
Commissioners
Steven W. Bielak
Darlene M. Herrera
Michael J. Segura
Lucy J Sunga
Robert Porter
Alissa Payne
Alfredo Quirarte
Packet Pg. 4166
Regular Meeting Minutes October 17, 2022
Arts & Historical Preservation Commission of the City of San Bernardino Page 2 11/17/2022

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CONSENT CALENDAR

1. Approval of Draft Minutes
Recommendation: Approve the minutes of the regular meeting of September 19, 2022
RESULT: ADOPTED (7-0)
MOVER: Alissa Payne
SECONDER: Robert Porter
AYES: Porter, Sunga, Segura, Bielak, Herrera, Payne, Aguirre ABSENT: Rhoades-Hensley, Quiarte

2. Monuments Repair/Replace Recommendation
Recommendation: Motion to request Council set aside $25,000 a year out of the Cultural Fund to use for repair and or
replacement of memorial monuments located
throuhout the City of San Bernardino
RESULT: ADOPTED (7-0)
MOVER: Robert Porter
SECONDER: Anthony Aguirre
AYES: Aguirre, Porter, Sunga, Payne, Herrera, Segura, Bielak ABSENT: Quirarte, Rhoades-Hensley

4. Adjournment
The meeting adjourned at 6:03 pm
The next Regular Meeting of the Arts and Historical Preservation Commission will be held on Monday, November 21, 2022 at 4:00 pm in the Board Room located at 201 North “E” Street, 3rd Floor, San Bernardino, California 92401.

By: __Lesa Nichols_______
Lesa Nichols,
Administrative
Assistant/Secretary
Packet Pg. 4167

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager; Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks & Recreation & Community Services
Subject: Approve the awards for Visual and Performing Arts Grant to winning applications ($72,700) and future
grant options for non 501c(3) applicants ($25,300) for
$98,000 in total
Recommendation:

Adopt Resolution No. 2022-258 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Visual and Performance Art Grant awards to winning applications ($72,700) and future grant options for non 501c(3) applicants ($25,300) for $98,000 in total.

Background
The Visual and Performing Arts Grant provided by the City of San Bernardino Arts & Historical Preservation Commission received nine applications, which were reviewed by commissioners and staff. The amounts awarded have been discussed and agreed upon by the majority of the commissioners.

Due to three commissioners not submitting input on scoring for the grant, staff has tabulated total amounts and averages and has made the recommendation to the commission to use the averages from all commissioner input given for award allocations. A special meeting was held on October 31, 2022, for a final vote. A majority of the commissioners were present for a vote on this action item on the special meeting agenda.

Discussion
$100,000 has been allocated to this grant by the Mayor and City Council through use of the Cultural Development Impact Fund. The grant application deadline had to be Packet Pg. 4168
extended twice to receive an appropriate number of applications. Due to lack of applications, staff, with approval from the commission, provided aid to artists, in grant form, for the Annual Festival Event and Arts Fest. Through this special provision, artists who applied were provided up to $250 to cover costs of event applications, one month business license and one day insurance for Festival and Arts Fest. The cost of the special provision totaled $2,000. The remaining $98,000 was made available to applicants for the Visual and Performing Arts Grant. The nine applications have been provided as attachments to the staff report. Upon request of proof of 501(c)(3), there were two organizations that provided letters of support from their funding sources which were qualified as nonprofits. However, on 11/21/22, the Arts and Historical Preservation Commission met and voted on this new information to change the list of awarded grants to seven instead of nine.

The maximum amount an applicant may request is $25,000. The application process was reviewed and approved by the commission in April 2022. In addition to a thorough review of the application process, a mid-year audit was added to ensure proper use of funds. At this time the average of all input provided from the commissioners show the following awards for the applicants listed:

Final Awards
Arts Connection $ 8,250.00
San Bernardino Valley Concert Association (Garcia Center) $ 12,291.67 Akoma Unity Center $ 10,791.67
Lifting our Stories $ 9,791.67
The Young S.A.M.O.A. $ 10,625.00
Youth Power Solutions $ 10,158.33
Inland Futures Foundation $ 10,791.67
Total Allocation $ 72,700.00
The total allocation of awards equals $72,700.00. This leaves a remaining balance of $25,300.00. These funds will be moved into a future grant option for non 501 © (3)s to be able to apply and work towards bringing additional art opportunities to the City of San Bernardino.

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2021-2025 Strategic Targets and Goals
The approval of the grant allocations aligns with Goal No. 2: Focused, Aligned Leadership and Unified Community by providing opportunities to an underserved community to engage in participation of visual and performance arts are various community locations throughout the city; and Goal No. 3: Improved Quality of Life whereby the community has access and introduction to art center programs and amenities throughout the city.

Fiscal Impact
There is no fiscal impact as the funds for this program have already been allocated.

Conclusion
Adopt Resolution No. 2022-258 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Visual and Performance Art Grant awards to winning applications ($72,700) and future grant options for non 501c(3) applicants ($25,300) for $98,000 in total.

Attachments

1. Attachment 1- Resolution 2022-258 VPLA Grant Awards

2. Attachment 2- Grant Guiding for Scores

3. Attachment 3- Visual and Performing Arts Grant Application

4. Attachment 4- Semi-Annual Grant Reporting Form

5. Attachment 5- 2022 VPLA Grant Application-Akoma Unity Center_Redacted

6. Attachment 6- 2022 VPLA Grant Application-Garcia
Center_Redacted

7. Attachment 7- 2022 VPLA Grant Application-Inland Futures Foundation KVCR_Redacted

8. Attachment 8- 2022 VPLA Grant Application-The Young Samoa _Redacted

9. Attachment 9- 2022 VPLA Grant Application-Youth Power Community Solutions_Redacted

10.Attachment 10- 2022 VPLA Grant Application-Arts Connection_ Redacted

11. Attachment 11- 2022 VPLA Grant Application-Lifting Our Stories_Redacted

12.Attachment 12- 2022 VPLA Grant Application-Pomona Economic Opportunity Center_Redacted

13.Attachment 13- 2022 VPLA Grant Application-The Little Gallery_Redacted
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Ward:

All Wards
Synopsis of Previous Council Actions:

On June 1, 2022, the Mayor and City Council of San Bernardino, California approved $100,000 to be used from the Community Development Impact Fund for the Visual, Performing, and Literary Arts Grant 2022-2023 fiscal year.

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Resolution No. 2022-258
Resolution 2022-258
December 7, 2022

Page 1 of 3 ends

RESOLUTION NO.2022-258

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE VISUAL AND PERFORMANCE ART
GRANT AWARDS TO WINNING APPLICATIONS ($72,700)
AND FURTUR GRANT OPTIONS FOR NON 501c(3)
APPLICANTS ($25,300) FOR $98,000 IN TOTAL.

WHEREAS, the City collects Cultural Development Construction Fees pursuant to San Bernardino Municipal Code Chapter 15.57 to promote fine arts and Cultures; and WHEREAS, the Mayor and City Council accepted the recommendation of the Arts and Historical Preservation Commission of the City of San Bernardino to approve the allocation of Cultural Development funds to support the Visual, Performing, and Literary Arts grant to reengage the art community in the City; and
WHEREAS, the Parks, Recreation and Community Services Department and the Arts and Historical Preservation Commission received and evaluated nine grant applications; and WHEREAS, the Arts and Historical Preservation Commission met and voted to award seven applicants, with 501c(3) status, a cumulative total of $72,700 and allocate the remaining balance of $25,300 for future grant, non 501c(3), applicants for a total of $98,000.

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 Agency Director of Administrative Services to allocate funds from the Community Development Impact to account and distribute awards for the Visual, Performing, and Literary Arts Grant.

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Resolution No. 2022-258
Resolution 2022-258
December 7, 2022

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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 7th day of December 2022.

John Valdivia, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2022-258
Resolution 2022-258
December 7, 2022

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-258, adopted at a regular meeting held on the 7th day of December 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
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Applicant Asking $ % of max ask Music Dance Visual Art Theater Literary Arts Film Arts Connection $ 8,300 33% x x x
San Bernardino Valley Concert Association (Garcia Center) $ 25,000 100% x x x The Little Gallery of of San Bernardino $ 18,500 74% x
Akoma Unity Center $ 20,000 80% x
Lifting our Stories $ 25,000 100% x
The Young S.A.M. O.A. $ 25,000 100% x x
Pomona Economic Opportunity Center $ 20,800 83% x
Youth Power Solutions $ 12,700 51% x x
Inland Futures Foundation $ 25,000 100% x
Darlene Tawnya Steven Robert Michael Alissa Anthony Lucy Alfredo Average Arts Connection $ 8,300 $ 5,350.00 $ 8,300.00 $ 8,300.00 $ 12,250.00 $ 8,300.00 $ 7,000.00 $ 8,250.00 San Bernardino Valley Concert Association (Garcia Center) $ 25,000 $ 10,000.00 $ 12,500.00 $ 10,000.00 $ 12,250.00 $ 11,000.00 $ 18,000.00 $ 12,291.67 The Little Gallery of of San Bernardino $ 18,500 $ 9,250.00 $ 9,000.00 $ 10,000.00 $ 12,250.00 $ 8,700.00 $ 9,000.00 $ 9,700.00 Akoma Unity Center $ 20,000 $ 5,000.00 $ 12,500.00 $ 10,000.00 $ 12,250.00 $ 10,000.00 $ 15,000.00 $ 10,791.67 Lifting our Stories $ 25,000 $ 10,000.00 $ 2,500.00 $ 10,000.00 $ 12,250.00 $ 10,000.00 $ 14,000.00 $ 9,791.67 The Young S.A.M. O.A. $ 25,000 $ 5,000.00 $ 12,500.00 $ 10,000.00 $ 12,250.00 $ 10,000.00 $ 14,000.00 $ 10,625.00 Pomona Economic Opportunity Center $ 20,800 $ 6,400.00 $ - $ 10,000.00 $ - $ 11,000.00 $ 5,480.00 Youth Power Solutions $ 12,700 $ 12,700.00 $ 10,000.00 $ 10,000.00 $ 12,250.00 $ 9,000.00 $ 7,000.00 $ 10,158.33 Inland Futures Foundation $ 25,000 $ 5,000.00 $ 12,500.00 $ 10,000.00 $ 12,250.00 $ 11,000.00 $ 14,000.00 $ 10,791.67 $ 180,300 $ 68,700.00 $ - $ 79,800.00 $ 88,300.00 $ - $ 98,000.00 $ 89,000.00 $ 98,000.00 $ - $ 87,880.00 Final Awards
Arts Connection $ 8,250.00
San Bernardino Valley Concert Association (Garcia Center) $ 12,291.67 Akoma Unity Center $ 10,791.67
Lifting our Stories $ 9,791.67
The Young S.A.M. O.A. $ 10,625.00
Youth Power Solutions $ 10,158.33
Inland Futures Foundation $ 10,791.67
Total Allocation $ 72,700.00
left over balance $ 25,300.00
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1 APPLICATION GUIDELINES FOR FUNDING REQUESTS
(YEAR)

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

Funding considerations for approved programs will be for a one-year period only. The maximum funding per organization will be $25,000. Applicants who have received grant award funding within the past 12 months are disqualified and not eligible to apply for grant ward funding for the next program application period.

Qualifications include:

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

2. Address of organization must be within city limits.

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

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

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

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

1. Music---Organizations offering training, exposure, opportunities and/or creative resources for vocal and instrumental experiences. 2. Dance---Organizations that teach and present dance performances. 3. Visual Art---Organizations whose programs involve the experience of creating and/or presentation of visual art. 4. Theater---Organizations whose programs involve the experience of involvement in theater, musical theater, mime and/or opera/theater works.

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

6. Film---Organizations which provide experiences in filmmaking (production, acting, direction, etc.)
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2 GENERAL INSTRUCTIONS
Applicants must follow the general instructions.

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

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

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

Nine sets of the completed application, along with all programs printed during the most recent fiscal year, must be submitted to the Arts and Historical Preservation Commission at the office of the Parks, Recreation and Community Services Department of the City no later than 4:00 P.M. on August 15th. Be sure to complete the checklist in order to make certain that you have included all required information. Keep this checklist for your personal records.

Submit all materials to the following address:

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

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

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

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3 INSTRUCTIONS FOR COMPLETING THE APPLICATION
I. Applicant Organization---Organization name, address, telephone number, email, State of California identification or non-profit number.

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

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

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

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

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

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

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

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

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4 Example for VII.

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

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

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

TOTALS OF

EXPENSES, AND
AMOUNT

REQUESTED
$7550 $4325
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5 IX. Income of the organization-- List grant awards received by the organization in the past 12 months, if any. Do not include pending requests. List other income for this project such as ticket sales, other sales, contributions, fundraisers, etc. See example:

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

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

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

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6 VISUAL, PERFORMING AND LITERARY ARTS ----GRANT APPLICATION FORM
City of San Bernardino---Art and Historical Preservation Commission I. Applicant Organization
Name of Organization:

Physical Address:

Mailing Address:

Telephone No.:

Non-profit I.D. No:

Website Address:

Number of years in existence:

II. Contact Person:

Title:

Telephone#:

E-mail Address:

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

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

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

Total Organizational Budget for current fiscal year:

Percent of total Organization Budget Requested: (not to exceed 50%) Packet Pg. 4181
7 V. Project Description/Need Statement (include plan for collaboration with a local business if you have one)
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8 VI. Realistic number of persons expected to benefit from the program. The total number of classes, performances or displays and the number of students, audience members or others who are expected to benefit directly.
a) Number of persons paid by attendance
b) Number of persons admitted by no fee
c) Number of classes and/or performances scheduled for the performing arts or length of display/exhibit for the visual arts
d) Total attending classes/performances/displays/exhibits VII. Intended Results: Explain in measurable evaluation terms the intended results or the impact anticipated by your program funding request. If possible, please incorporate the requested data into a spreadsheet (See example). Identify the target group or groups you intend to benefit, setting a time frame for accomplishment and providing a realistic quantitative indicator of groups served, such as: senior citizens, number of performances, anticipated maximum audience. (See example) Sign-in forms of participants, audience members, etc. may be used to fulfill this requirement.

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

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9 VIII. Project Budget: Using the form provided, list the expenses of the project for which you are applying, and give a brief description of each line item. Give the total amount that the project will cost per line item. Give the amount requested from the Arts and Historical Preservation Commission for that line item. Total the expense and amount requested columns.

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

TOTAL EXPENSES

AND AMOUNT

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

TOTAL of funding sources
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10 IX. Future Objectives
X. Provide a brief history/background of your organization and what you have done before in this category of the arts.

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11 XI. Attach a copy of your last fiscal year financial report, audited or un-audited. Failure to submit this will result in rejection of your application.

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

CERTIFICATION:

Project Officer: Title:

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

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12 CHECKLIST
Use this form to make sure you have properly completed your application and keep for your personal records. Applications not properly prepared may receive a lower ranking or be rejected without consideration for funding. Review this before submitting your application.

1. Is the application typed?

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

3. Does supplemental material refer to appropriate section number?

4. Are all questions answered?

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

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

7. Does the need statement represent a local need?

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

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

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

11. Have you included the most recent financial report?

12. Are your calculations correct?

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

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

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

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

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

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13 TIMELINE FOR ARTS GRANTS
Notification of applications available TBA
City's website
Newspapers
Mailing lists (non-profits), etc.

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

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

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

RETURN OF FUNDS
Agencies are required to return any unexpended funds at the end of the one-year grant period. City monies shall be used only for the purpose duly authorized by the Arts and Historical Preservation Commission and in accordance with the budget information submitted by the agency Packet Pg. 4188
City of San Bernardino
Arts and Historical Preservation Commission
Parks, Recreation & Community Services Department
Visual and Performing Arts Grant
Dear Award Recipient,
Your organization received a grant from the City of San Bernardino to be utilized for project(s) during the period of (date to be listed). In order to monitor the effectiveness of the grant award process in the city, it is required that you complete this form with detailed information about your project(s). Please comment on programs, services, and events that have been completed in the first half of your award year.

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

PERFORMANCE INFORMATION

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

2. List dates of activities/services/trainings and method of service delivery i.e. (virtual, on-site or both) Packet Pg. 4189
City of San Bernardino
Arts and Historical Preservation Commission
Parks, Recreation & Community Services Department
Visual and Performing Arts Grant
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ (Note: attach activity fliers/advertisement/agendas, as relevant to funded activities)

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

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

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

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

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

Direct Costs: (Project Specific Costs) AMOUNT
Salaries & Benefits $____________________________________________ Supplies $____________________________________________
Printing $____________________________________________
Professional Services $____________________________________________ Packet Pg. 4190
City of San Bernardino
Arts and Historical Preservation Commission
Parks, Recreation & Community Services Department
Visual and Performing Arts Grant
Materials and Supplies $____________________________________________ Insurance/Permits $____________________________________________ Capital Purchases $____________________________________________ Other (Please Specify) $____________________________________________ Indirect Costs (applicable to grant program only, as noted in grant budget) Administration Costs $_________________
Facility Rents/ Maintenance $ _________________
Utilities- gas, electricity, telephone $_________________ Depreciation $_________________
Other: Specify: __________________ $ _________________
GRAND TOTAL EXPENSES $_________________

8. Authorizations:

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

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

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

San Bernardino, CA 92401
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department: Public Works
Subject: Agreement with Cal Stripe, Inc., for Street Striping and Pavement Marking Services (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute a Maintenance Services Agreement with Cal Stripe Inc., for street striping and pavement marking services; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $270,000.

Background
The Operations and Maintenance Division (O&M) of the Public Works Department is responsible for the maintenance, repair, and clean-up of City-owned infrastructure and rights of way. In collaboration with the Engineering Division of Public Works, it is also responsible for ensuring the City’s streets, street medians, islands, curbs, and related infrastructure (such as City owned parking lots and crosswalks) are properly maintained, inspected, repaired, and properly painted/marked as needed. General maintenance, inspection, repair, and repainting/marking of streets, crosswalks, and street medians is largely performed through service agreements along with staff from the Signs and Markings subsection of the Traffic and Lighting section of the O&M Division.

Discussion
The City of San Bernardino has nearly 1,300 lane miles (574 center lane miles) of streets requiring pavement markings and painting of center divider lines, curbs (to include no parking red zones), and “bullnoses” (front and back areas of street island curbs). Additionally, the City also maintains approximately 110 school crosswalks, Packet Pg. 4265
more than 1,200 street crosswalks, and 55 City-owned parking lots at parks and city facilities. These locations all require varied maintenance and upgrades that include (but is not limited to) repainting red, yellow, white, blue, and green zones at curbs, thermoplastic application of markings at street or school crosswalks, center divider line pavement markings, directional arrow street markings, white rumble strip installation, ceramic pavement marker installation, and parking lot/street parking striping.

To ensure our City conducts timely and first-rate street striping and pavement marking services, staff is requesting $270,000 under this maintenance services agreement. The Operations and Maintenance Division of Public Works worked with the Finance Department, and, in July of 2022, a formal process was initiated to solicit proposals for street striping and pavement marking services in Request for Proposal No. F-23-06. Notices were posted on the City’s website. The results of the solicitation yielded five vendors which were reviewed by Procurement for compliance with mandatory requirements. This selection was based on lowest quote received.

It is important to note that the cost results below reflect a sampling of the most typically required services and related materials and does not reflect the overall request of this maintenance services agreement (which is lower). Although the winning vendor listed an overall cost of $901,810, staff does not anticipate using all the services listed in the sampling of services listed in the cost sheet but has chosen to have options available should the need arise for specific services not typically used. In keeping with prior fiscal year average costs for street striping and pavement marking services, the amount of this maintenance agreement will be set at $270,000. The results were as follows:

VENDOR CITY COST
Cal Stripe, Inc. Colton, CA $901,810
Superior Pavement Markings, Inc. Beaumont, CA $1,426,245 WGJ Enterprises, Inc. Azusa, CA $2,089,500
Chrisp Co. Bloomington, CA $2,676,450
Safe USA, Inc. Ontario, CA $2,814,250
Cal Stripe Inc. provided the lowest quote and is a reputable vendor for street striping and pavement marking services. Staff is confident that they are qualified to provide the services required under this maintenance services agreement. Additionally, Cal Stripe Inc. has recently provided services to the City and is a vendor in good standing. The term of the proposed agreement shall be from December 7, 2022, to June 30, 2023.
2021-2025 Strategic Targets and Goals
This project is consistent with several City goals and targets. It is aligned with Key Packet Pg. 4266
Target 1e: Minimize risk and litigation exposure. Approval of this agreement will reduce the risk of potential liability associated with tort cases and significantly reduce the amount of open work order requests. It is also aligned with Key Target 3c: Evaluate and enhance the quality of public safety services. Pavement markings are an effective way of regulating traffic and communicating information to pedestrians and drivers.

Fiscal Impact
There is no General Fund impact associated with this action. Sufficient funds in the amount of $270,000 have been appropriated in the Gas Tax Fund FY22/23 budget.

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

1. Authorize the City Manager to execute a Maintenance Services Agreement with Cal Stripe Inc., for street striping and pavement marking services; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $270,000.

Attachments
Attachment 1 Maintenance Services Agreement
Attachment 2 Solicitation Documents-RFP No. F-23-06
Attachment 3 Solicitation Results (Summary)
Ward:

All Wards
Synopsis of Previous Council Actions:

None
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CITY OF SAN BERNARDINO

MAINTENANCE SERVICE AGREEMENT
PARTIES AND DATE.

This Agreement is made and entered into this 7th day of December 2022 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and Cal Stripe Inc., a Corporation, with its principal place of business at 2040 E. Steel Rd, Colton, California (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS.

Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing street striping and pavement marking services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

Project.

City desires to engage Contractor to render such services for the street striping and pavement marking services project (“Project”) as set forth in this Agreement.

TERMS.

Scope of Services and Term.

General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional street striping and pavement marking services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

Term. The term of this Agreement shall be from December 7th, 2022 to June 30th, 2023 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 3 additional oneyear terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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Responsibilities of Contractor.

Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement.

City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

City’s Representative. The City hereby designates Ernesto Salinas, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

Contractor’s Representative. Contractor hereby designates, Steve Fleener, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.

Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, Packet Pg. 4269
qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $10 dollars per day for each and every calendar day of delay beyond the agreed upon Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal Packet Pg. 4270
law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

Employment Eligibility: Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.

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

Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties Packet Pg. 4271
imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

Water Quality.

Management and Compliance. To the extent applicable,
Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

Insurance.

Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

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Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $2,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $2,000,000 per accident for bodily injury or disease; (4) Cyber Liability: $1,000,000 for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code. Defense costs shall be paid in addition to the limits.

Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.

Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall Packet Pg. 4273
be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).

Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B).

Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor.

All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A: VIII, licensed to do business in California, and satisfactory to the City.

Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

Bonds.

Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or Packet Pg. 4275
approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A: VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

Work Site.

Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

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Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred here under upon demand.

Fees and Payments.

Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed two hundred seventy thousand dollars ($270,000) without written approval of City’s Agency Director of Administrative Services. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or Packet Pg. 4278
more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

Termination of Agreement.

Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

General Provisions.

Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor:

Cal Stripe Inc.
2040 E. Steel Road
Colton, CA 92324
Contact: Steve Fleener
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City:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Ernesto Salinas, Public Works, Operations Manager With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

Indemnification.

Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City.

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

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Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

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Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]
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Exhibit B

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND CAL STRIPE, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

ROBERT D. FIELD,
City Manager
ATTESTED BY:

GENOVEVA ROCHA, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
CAL STRIPE, INC.
2040 E. STEEL RD
COLTON, CA 92324
By:

Its:

Printed Name: STEVE FLEENER
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
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Exhibit C

EXHIBIT C

PRICE PROPOSAL FORM
VENDOR NAME: CAL STRIPE INC.

ADDRESS: 2040 E. STEET RD COLTON, CA 92324
PHONE: (909) 884-7170
The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

Street Striping and Pavement Marking Services
The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE. Please submit the “Total” amount on Planetbids “Line Items” price form.

All quantities below are estimates for the purposes of bid comparison. Estimated quantities are no guarantee of actual usage.

Unit costs shall include all materials, supplies, labor, equipment and ancillary costs required to complete the work.

Provide prices on the following items using the most recent Caltrans Standard Plans for Pavement Markers and Traffic Lines Pages A20A through A20D and A24A through A24E, appendix A.

Item
No. Estimated
Amount
Description Cost per Linear
Ft Total
1 60,000 4” Broken Lines $.10 $6,000
2 35,000 4” Solid Lines $.12 $4,200
3 50,000 Two - 4” Solid Lines with 3” Black separation $.25 $12,500 4 35,000 8” Solid Line $.20 $7,000
5 60,000 Two way left turn lanes, two lines, One solid
one dashed with 3” Black Separation $.20 $12.000
6 15,000 6” Solid Line $.20 $3,000
7 500 Broken 4” Lane lines and Centerlines through
intersection(Details 40 & 41) $1.50 $750
TOTAL VENDOR QUOTE $ $45,450
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Exhibit C
Painted Reflective Pavement Markings Including Stencils, Crosswalks, Limit Lines etc. :

Item
No. Estimated
Amount
Description Cost per
Square Ft Total
8 75,000 Pavement Markings $1.00 $75,000
TOTAL VENDOR QUOTE $ $75,000
Thermoplastic Reflective Centerlines and lane Lines:

Item
No. Estimated
Amount
Description Cost per Linear
Ft Total
9 150,000 4”Broken Lines (Yellow/White) $.24 $36,000
10 75,000 4” Solid ( yellow or white) Lines $.30 $22,500 11 75,000 Two - 4” Solid yellow Lines with 3” Black
separation $.75 $56,250
12 5,000 8” Solid Line $.70 $3,500
13 150,000 Two way left turn lanes, two yellow lines, One solid & one dashed with 3” Black Separation $.64 $96,000 14 4,000 6” Solid Line (bike Lane) $.65 $2,600
15 1,000 12” diagonals (yellow /White) $2.00 $2,000
16 2,000 Lane Drop at intersection (Detail 37B) $1.00 $2,000 17 2,000 Broken 4” Lane lines and Centerlines extension through intersection (Details 40 & 41) $3.00 $6,000
TOTAL VENDOR QUOTE $ $226,850
Curb Painting Red, White, Green, Yellow & Blue:

Item
No.

Estimated
Amount
Description Cost per Linear Ft Total
18 40,000 Painting of curbs $.60 $24,000
TOTAL VENDOR QUOTE $ $24,000
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Exhibit C
Painting of Small Stencils:

Item
No. Estimated
Amount
Description Cost per Letter Total
19 400 Painting of 3"- 4” Non-reflective letters for top of curbs $9.00 $3,600
TOTAL VENDOR QUOTE $ $3,600
Thermoplastic Pavement Markings Including Stencils, Regular crosswalks, Continental crosswalks , ladder crosswalks , Pavement Arrows, Limit Lines etc. :

Item
No. Estimated
Amount
Description Cost per
Square Ft Total
20 *200,000 Pavement Markings $2.25 $450,000
TOTAL VENDOR QUOTE $ $450,000
*NOTE: Not all estimated amounts will be
utilized.

Removals (includes legal disposal of debris):

Item
No. Estimated
Amount
Description Cost per Square Ft Total
21 20,000 Wet Sandblasting $.55 $11,000
22 5,000 Grinding $.95 $4,750
TOTAL VENDOR QUOTE $ $15,750
Pre-lining (Cat-track):

Item
No. Estimated
Amount
Description Cost per Linear Ft Total
23 80,000
Pre-lining $.10 $8,000
TOTAL VENDOR QUOTE $ $8,000
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Exhibit C
Raised Pavement Markers:

Item
No. Estimated
Amount
Description Cost per Marker Total
24 20,000 Retroreflective raised Pavement Markers $1.55 $31,000 25 100 White Rumble Strips $34.10 $3,410
26 15,000 Ceramic Pavement Markers $1.25 $18,750
TOTAL VENDOR QUOTE $ $53,160
Total Number of Additional Pages:

Submitted By: ____ Title: _________________
(Authorized Representative Signature)
Print Name:

Contractor’s License Number and Classification:

DIR Registration Number (if applicable): ____________________________ Packet Pg. 4287

REQUEST FOR PROPOSALS
FOR

CITY OF SAN BERNARDINO
FOR
RFP F-23-06

STREET STRIPING & PAVEMENT MARKING SERVICES

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
WWW.SBCITY.ORG
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CITY OF SAN BERNARDINO

NOTICE INVITING PROPOSALS

STREET STRIPING & PAVEMENT MARKING SERVICES
RFP F-23-06
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San Bernardino via Planetbids until 3:00 PM, August 11, 2022.Proposals received after this date will be returned to the proposers unopened. Faxed or electronically submitted proposals will not be accepted.

The City is requesting proposals to provide: Street Striping & Pavement Marking Services The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.

Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Public Works Department upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the City’s web site, www.sbcity.org. All addenda will be published on the City’s website.

For more information regarding the RFP, please contact:

City of San Bernardino Purchasing Department
[email protected]
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CITY OF SAN BERNARDINO

REQUEST FOR PROPOSALS

STREET STRIPING & PAVEMENT MARKING SERVICES
I. BACKGROUND AND INTRODUCTION
The City of San Bernardino (“City”) is requesting proposals from qualified firms1 (“Proposers”) for Street Striping & Pavement Marking Services (“Services”).

To serve and promote the welfare of its residents, the City intends to procure the Services, as described below.

II. REQUEST FOR PROPOSALS
A. Scope of Services
The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in Exhibit “A”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Services in Exhibit “A”, the final scope of Services negotiated between City and the successful Proposer shall be set forth in the Maintenance Service Agreement executed by and between City and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “B” and incorporated herein by this reference.

1. Public Works Prevailing Wage and Contractor Registration Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Public Works Department upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.
1Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

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B. City Contact for this RFP
The principal contact for the City regarding this RFP will be Vanessa Slouka, Buyer for the Purchasing Department, (909)384-5346, [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Proposer.

C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical must be requested in writing and directed to the City Contact for this RFP, identified above.

All written questions, if answered, will be issued to all prospective proposers via email notification from Planetbids. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be submitted to Planetbids by 3:00 p.m. local time on the date identified in the Proposal Schedule. Each Proposer is responsible for ensuring that it has received all addenda, clarifications, supplemental information and responses to questions prior to submitting a proposal.

D. Pre-Proposal Meeting
Meeting is not required.

E. Content and Format of Proposal
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall include one (1) electronic proposal submitted to Planetbids. Proposals shall be organized, tabbed, and numbered in the order presented below.

Proposals must include page numbers for all pages in the proposal.

Proposals shall be in the following order and shall include:

1. Executive Summary: (limit: 1 page) Summarize the content of your proposal in a clear and concise manner.

2. Table of Contents: (limit: 1 page)

3. Identification of Proposer: (limit: 1 page)
a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).
c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”
d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal. e. California Business License Number
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4. Staffing Resources: (limit: 2 pages)
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
(ii) Identify three (3) persons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.
(iii) Describe proposed team organization, including
identification and responsibilities of key personnel. Please include one-page resumes.
(iv) Provide brief biographies of individuals that shall be working directly with the City.
b. Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time.

5. Fiscal Stability: (limit: 4 pages- not including supporting documentation) a. The Proposer should provide evidence of corporate stability including:
(i) A current report from any commercial credit rating service such as Dunn and Bradstreet or Experian; or
(ii) A letter from a financial institution stating a current line of credit; and
(iii) Latest audited financial statement and/or annual report that has been certified by a CPA. This information will remain confidential and is not subject to public disclosure.

6. Experience and Technical Competence: (limit: 4 pages) a. Experience
(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.

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(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of
Services for public clients.
(iv) Provide five (5) references regarding the Proposer’s experience and performance performing similar services.

Include the following information: (1) Organization/City, contact name, phone number, e-mail address; and (2)
project size and description, if applicable, and description of services.
(v) Describe the Proposer’s local experience and knowledge of City.
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include:
(a) Role of the firm
(b) Dollar value of the services
(c) Dollar value of the fee
(d) Description of services
(e) Staffing
(f) Duration of providing services
(g) Relationship to client
(h) Contact name, position, entity name, telephone
number, fax number and e-mail address for each
project.
(ii) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional
services agreement once selected.
(b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.

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(d) Debarment by any municipal, county, state, federal
or local agency.
(e) Involvement in litigation, arbitration or mediation.

Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal
rigging, collusion, or restrictive competition between
bidders or proposers, or conviction of violating any
other federal or state law related to bidding or
professional services performance. Knowing
concealment of any deficiency in the performance of
a prior contract.
(f) Falsification of information or submission of
deceptive or fraudulent statements in connection
with a contract.
(g) Willful disregard for applicable rules, laws or
regulations.

Information regarding any of the above may, at the
sole discretion of the City, be deemed to indicate an
unsatisfactory record of performance.
c. Technical Competence
(i) Description of in-house resources (i.e., computer
capabilities, software applications, modem protocol,
modeling programs, etc.)
(ii) Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.

7. Proposed Method to Accomplish the Work: (limit: 2 pages) Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, goals of the City, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A”, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

8. Fee Proposal: (limit: 10 pages) Please provide a Unit Cost fee proposal for the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached hereto as Exhibit “B”). Submit Exhibit “C” in a separate document. Submit same amounts in Planetbids “Line Items” tab.

9. Certificate of Insurance: (limit: 2 pages) - not including supporting documentation) Please provide Certificate of Insurance with all the requirements and amounts.

See the Agreement, attached hereto as Exhibit “B”, for a description of the insurance requirements.

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10. Litigation: (limit: 2 pages) Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years.

11. Other Information: (limit: 2 pages) This section shall contain all other pertinent information regarding the following:
a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget.
b. Description of community involvement.
c. Description of any previous involvement with the City. d. A statement that the Proposer has not conflicts of interest in connection with providing the Services.

12. Certification of Proposal: This section shall state:
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”

13. Appendices: (limit: 2 pages)
F. No Deviations from the RFP
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein.

G. Selection Process

1. The City will evaluate proposals based on the following criteria:
a. The Proposer is properly licensed to practice in the State of California.
b. The Proposer has no conflict of interest with regard to any other work performed by the firm for the City.
c. Clarity and conformance of proposal to the RFP.
d. Content of the proposal.
e. Proposer’s experience and performance.
f. Team members’ experience and performance.
g. Fee proposal.

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h. Comments by references.

2. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions.

3. It is the City’s intent to select a Proposer best evidencing demonstrated competence and professional qualification to perform the Services. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection will be made. The successful Proposer will be selected on the basis of information provided in the RFP, in-person presentations, and the results of the City’s research and investigation. Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable Agreement with the selected Proposer. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City reserves the right to contract for services in the manner that most benefits the City including awarding more than one contract if desired.

4. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement.

The City Council has the final authority to approve or reject the Agreement.

H. Protests

1. Protest Contents: Protests based on the content of the RFP shall be submitted to the City no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of the protest. Proposer may protest a contract award if the Proposer believes that the award was inconsistent with City policy or this RFP is not in compliance with law. A protest must be filed in writing with the City (email is not acceptable) within five (5) business days after receipt of notification of the contract award. Any protest submitted after 5 p.m. of the fifth business day after notification of the contract award will be rejected by the City as invalid and the Proposer’s failure to timely file a protest shall waive the Proposer’s right to protest the contract award. The Proposer’s protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived.

2. City Review: The City will review and evaluate the basis of the protest, provided that the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest.

Action by the City relative to the protest will be final and not subject to appeal or reconsideration.

The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

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I. Proposal Schedule
The tentative schedule is as follows:

ACTION DATE
Release of Request for Proposal July 19, 2022
Pre-Proposal Meeting Location: No Meeting
Last Day to Submit Questions for Clarification
received by the City on or before 3:00 pm
July 28, 2022
Clarifications Issued by City on or before 3:00 pm August 2, 2022 Deadline for Receipt of Proposals
submitted on or before 3:00 pm
August 11, 2022
Notification of Finalist(s) August 29, 2022
The above scheduled dates are tentative and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.

J. Submittal Requirements

1. General: It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow the City to fully evaluate and compare the proposal.

All requirements and questions in the RFP should be addressed and all requested data shall be supplied. The City reserves the right to request additional information which, in the City’s opinion, is necessary to assure that the Proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the Agreement.

2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP.

Responses should emphasize the Proposer’s demonstrated capability to perform the Services.

Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal.

3. Site Examination: Proposers may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement.

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4. Authorization: The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.

5. Confidentiality of Proposal: Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful Proposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP shall become the exclusive property of the City and shall become public records under the California Public Records Act. Furthermore, the City shall have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information.

Proposals which indiscriminately identify all or most of the proposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this procurement.

Submittal Instructions: Proposals must be received no later than 3:00 pm local time, on or before August 11, 2022 through PlanetBids. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time.

PlanetBids will not accept late Quotes. The City will only consider Quotes that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Quote was submitted successfully.

The City shall not be responsible for proposals that are delinquent, lost, incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed for by the City.

K. General Conditions

1. Amendments to RFP: The City reserves the right to amend the RFP and issue to all Proposers an addendum.

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2. Amendments to Proposals: Unless specifically requested by the City, no amendment, addendum or modification shall be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein for receiving proposals.

3. Non-Responsive Proposals: A proposal may be considered nonresponsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

4. Costs for Preparing: The City shall not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the property of the City. The City will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected.

5. Cancellation of RFP: City reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this RFP.

6. Price Validity: Prices provided by Proposers in response to this RFP are valid for 120 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded.

7. No Commitment to Award: Issuance of this RFP and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP.

8. Right to Negotiate and/or Reject Proposals: City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax-paying public. The Proposers are encouraged to submit their best prices in their proposals, and City intends to negotiate only with the Proposer(s) whose proposal most closely meets City’s requirements at the lowest estimated cost. The Agreement, if any is awarded, shall go to the Proposer whose proposal best meets City’s requirements.

9. Non-Discrimination: The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract.

Publication Date of RFP: July 19, 2022
Packet Pg. 4299
Exhibit A
EXHIBIT “A”

PROPOSED SCOPE OF PROJECT/EQUIPMENT SERVICES
The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided.

STREET STRIPING & PAVEMENT MARKING SERVICES

1. DESCRIPTION OF WORK
The work shall consist of the following:

1. Installation of Thermoplastic reflective centerlines, lane lines, pavement marking legends, edgelines, barrier lines and curbs.

2. Removing of centerlines, lane lines, edge lines, crosswalks raised pavement markers, pavement marking legends, and curb paint.

3. Re-lining in thermoplastic

4.Placement of raised pavement markers (RPMs).

5. Thermoplastic reflective bike lanes and curbs.

2. WORK ORDERS
The CONTRACTOR shall not start work in the City until he receives a written work order or Purchase Order form from the City Engineer, or his assigned staff. The CONTRACTOR must have such list in his possession before starting work. The CONTRACTOR shall perform only the work listed and will only be compensated for the work listed on the work order. The CONTRACTOR shall be given a minimum of $3,500.00 of work to warrant sending out a crew.

All cost for mobilization for each work order, regardless of quantity of work requested, shall be considered included in the unit bid price for the requested work and no additional compensation to the CONTRACTOR shall be made. The start date of work orders meeting the minimum move in charges shall not exceed Ten (10) calendar days. Work orders must be completed in Fifteen (15) calendar days after start of work. CONTRACTOR shall be liable for liquidated damages as set forth in the Contract Agreement section 3.2.7.1 due to delayed start beyond the allotted twenty-one calendar days. CONTRACTOR shall also be liable for liquidated damages as set forth in the Contract Agreement section 3.2.7.1 due to delayed completion of work beyond the allotted Fifteen (15) calendar days after start of work.

3. ALL THERMOPLASTIC AND PAINTING
Application of thermoplastic shall be accordance with the latest edition of the Caltrans Standard Specifications Section 84.

4. THERMOPLASTIC MARKINGS STRIPING (APPLIED EXTRUSION)
Thermoplastic shall comply with section 84-2.02 “MATERIALS” of the latest edition of the CALTRANS Standard Specifications.

Packet Pg. 4300
Exhibit A
Applied thermoplastic stripes must be at least .060 inches thick.

Applied thermoplastic pavement markings must be at least .120 inches thick.

The thermoplastic material shall be homogeneously composed of pigment, filler, resins and glass reflectorizing spheres.

The material manufacturer shall have the option of formulating the material according to his own specifications; however, the solid resin shall comprise a minimum of 8% by weight of the entire material formulation which shall consist of only 100% maleic-modified glycerol ester of wood rosin with no tall oil derivatives. The physical and chemical properties contained in this specification shall apply regardless of the type of formulation used. The material upon heating to the application temperature shall not exude fumes which are toxic, or injurious to persons or property.

The pigment, beads and filler shall be free from all skins, dirt and foreign objects.

The specific gravity of the thermoplastic traffic line material shall not be less than 1.95 or more than 2.15.

The pigment, beads and filler shall be uniformly dispersed in the resin. The material shall be free from all skins, dirt and foreign objects and shall be composed by weight of at least 18% binder, 25% glass beads and 8% titanium dioxide.

The binder shall consist of a mixture of synthetic resins, at least one of which is solid at room temperature, and high boiling point plasticizers. At least one-third (1/3) of the binder composition shall be the solid maleic-modified glycerol ester of wood rosin and shall be no less than 8% by weight of the entire material formulation.

5. RE-STRIPING
All re-striping of existing traffic stripes shall coincide with the original paintings, regardless of other more restrictive requirements of these Special Provisions unless directed by the Traffic Engineer.

If the existing striping does not have Reflectorized Pavement Markers (RPM’s), the contractor shall install new (RPM’s) on the new Thermoplastic Striping.

6. REMOVAL OF MARKINGS
Removal of markings shall be accomplished by wet sandblasting or grinding method. Errors made by the CONTRACTOR shall be removed at no additional cost to the City.

7. PREPARATION
It shall be the responsibility of the CONTRACTOR to insure that, prior to any pavement striping or marking, the surface is clear of all debris.

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Exhibit A

8. TRAFFIC CONTROL
The CONTRACTOR shall make every effort to assure the safety of vehicular and pedestrian traffic during his operations. The current edition of the “Work Area Traffic Control Handbook”, published by Building News, Inc., is herein adopted as the minimum safety guidelines in conjunction with the latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD).

CONTRACTOR shall not close any street within the City without first obtaining the approval of the City Engineer.

9. THERMOPLASTIC MEASUREMENT
Thermoplastic traffic stripes will be measured by the linear foot of traffic stripe, without deductions for gaps in broken stripes. A stripe detail consisting of multiple painted stripes will be measured as one traffic stripe. Thermoplastic pavement marking legends will be measured by the square footage.

10. PAVEMENT MARKER
Pavement markers shall conform to the provisions in Section 85, “Pavement Markers”, of the Caltrans Standard Specifications (latest editions) and these Special Provisions.

Retroreflective Pavement Markers shall be 3M, series 290, or engineer approved equal.

11. CONTROL OF ALIGNMENT AND LAYOUT
Before obliterating (or covering) any pavement delineation that is to be replaced on the same alignment and location, as determined by the Inspector, the pavement delineation shall be referenced by the CONTRACTOR, with a sufficient number of control points to reestablish the alignment and location of the new pavement delineation. The references shall include the limits or changes in striping pattern, including one- and 2-way barriers lines, limit lines, crosswalks and other pavement markings. Full compensation for referencing pavement delineation shall be considered included in the contract prices paid for new pavement delineation and no additional compensation will be allowed therefore.

Unless otherwise shown, the CONTRACTOR shall re-stripe all pavement delineation on existing locations or as directed by the Engineer.

Traffic stripes shall be painted to the alignment approved by the Engineer. The CONTRACTOR shall not proceed with the application of any pavement markings and/or striping until the Engineer has checked and approved the alignment marks. The Engineer may make minor adjustments to the proposed alignment prior to approval.

Alignment marks may consist of cat tracking and spotting, or an approved alternative.

Cat tracking shall consist of stretching a rope on a straight line between control points on tangent alignment and on a true arc through control points on curved alignment and placing spots of paint along the rope. The spots shall be not more than 3 inches in width and not more than 5 feet apart on curves or 10 feet apart on tangents.

Paint for the cat tracks shall be the same color as the traffic stripe for which they are placed.

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Exhibit A
Laser guidance equipment shall be capable of maintaining the alignment of traffic stripes with accuracy equivalent to or better than that obtainable through the use of cat tracking as determined by the Engineer.

All work necessary to establish satisfactory alignment for stripes and all layout work required for pavement markings shall be performed by the CONTRACTOR at his expense, including correction of minor irregularities in the control points approved by the Engineer. Correction of minor irregularities shall be accomplished by the application of cat tracks, the use of laser guidance devices, or by a combination of these techniques.

12. REMOVE PAVEMENT DELINEATION
Existing traffic stripes and pavement markings that do not conform to the plans and are not removed or obliterated as a result of the various pavement rehabilitation operations, shall be removed by wet sand blasting or grinding as approved by the Engineer.

13. HOURS OF OPERATION
The hours of operation for performance of the work shall be 7:30 AM to 5:30 PM, Monday through Friday. No lane closures will be permitted prior to 8:30 AM or after 3:30 PM unless CONTRACTOR obtains prior written approval from Project Manager.

14. PAINT PAYMENT - THERMOPLASTIC
The contract unit prices paid per linear foot for thermoplastic traffic stripes of the patterns designated in this Invitation to Bid and per square foot for each pavement marking legend shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in applying thermoplastic traffic stripes and pavement makings complete in place, including establishing alignment for stripes, and layout work, as shown on the plans, as specified in these specifications and the special provisions and as directed by the Engineer. The cost of any necessary pavement markers required for any striping detail designated in the Proposal shall be considered to be included in the cost per linear foot for each detail and no separate payment will be made therefore.

15. PREVAILING WAGE
This is a non-prevailing wage contract.

16. CONTRACT LENGTH
The length of this contract shall be for three Fiscal years. 2022-2023, 2023-2024 and 2024-2025

17. SUBCONTRACTORS
The CONTRACTOR must list all subcontractors used for the duration of this contract. If a new subcontractor is hired to provide services during the contract, the CONTRACTOR must submit the name of the new subcontractor, subcontractor’s license, and insurance information one week prior to work performed.

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Exhibit A

18. REFERENCE LIST
Provide three (3) local government agencies and/or company’s previous or current contact references that support your ability to provide street striping and pavement markings.

19. LICENSES
The CONTRACTOR represents that it has all licenses, permits, qualifications and approvals of whatever nature that are legally required to provide street striping and pavement marking services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract.

20. CONTRACTOR NON-COMPLAINCE
A. If the Public Works Director, or designee, determines that there are deficiencies in the CONTRACTOR’S performance, the Public Works Director, or designee, will provide a written notice to the CONTRACTOR stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall be reasonable, as determined by the Public Works Department Director, or designee, to correct the specified deficiencies.

B. Should the CONTRACTOR fail to correct any deficiencies within the stated time frame, the Public Works Department Director, or designee, may exercise the following measures:

1. Deduct from the CONTRACTOR’S payment the amount necessary to correct the deficiency, including City overhead costs and impose a deficiency deduction.

2. Withhold the entire or partial payment.

3. Terminate the contract.

Bidders must acknowledge all requirements of previous section, including all categories and sub-points.

Please Sign and Acknowledge Here: __________________________________________ _________________________________________________________________________ If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city
BIDDER’S RESPONSE:

Packet Pg. 4304
Exhibit B

EXHIBIT B

CITY OF SAN BERNARDINO

MAINTENANCE SERVICE AGREEMENT
[***MODEL MAINTENANCE SERVICES AGREEMENT-
[***FOR MAINTENANCE SERVICES – DEFINED AS:
(1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. (2) Minor repainting.
(3) Resurfacing of streets and highways at less than one inch. (4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. (5) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.**]

CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT
PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 2021 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and [***INSERT NAME***], a [***[INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS.

Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing [***INSERT TYPE OF SERVICES***] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, Packet Pg. 4305
Exhibit B
except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

Project.

City desires to engage Contractor to render such services for the [***INSERT NAME OF PROJECT***] project (“Project”) as set forth in this Agreement.

TERMS.

Scope of Services and Term.

General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [***INSERT TYPE OF SERVICES***] maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

Term. The term of this Agreement shall be from [***INSERT START DATE***] to [***INSERT ENDING DATE***], unless earlier terminated as provided herein. [***INSERT THE

FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

Responsibilities of Contractor.

City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond Packet Pg. 4306
Exhibit B
to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

City’s Representative. The City hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

Contractor’s Representative. Contractor hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.

Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Packet Pg. 4307
Exhibit B
Agreement, it is understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU’RE INCLUDING LD’S – DELETE OTHERWISE – DON’T SIMPLY INSERT $0; ALSO DELETE “AND LIQUIDATED DAMAGES” FROM TITLE OF SECTION ***]Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Packet Pg. 4308
Exhibit B
Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

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

Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

Water Quality.

Packet Pg. 4309
Exhibit B
Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

Insurance. [***CITY RISK MANAGER TO REVIEW TO DETERMINE WHETHER REQUIREMENTS AND LIMITS ARE ACCEPTABLE***]
Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and (5) Aviation and/or Drone Liability, in a form and with insurance companies acceptable to City. [***DELETE IF AVIATION LIABILITY IS NOT REQUIRED***]The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability:[***INSERT AMOUNT - TYPICALLY $2,000,000 MINIMUM; and Packet Pg. 4310
Exhibit B
$4,000,0000 aggregate. HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per occurrence for bodily injury, personal injury and property damage.

If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:[***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of [***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury or disease; (4) Cyber Liability: :[***INSERT AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE/AGGREGATE; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY.

PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; (5) Aviation/Drone Liability: [***INSERT AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE LIMIT; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for bodily injury and property damage.[***DELETE IF AVIATION LIABILITY NOT REQUIRED***] Defense costs shall be paid in addition to the limits.

Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.

General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, Packet Pg. 4311
Exhibit B
including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).

Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its Packet Pg. 4312
Exhibit B
officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

Bonds.
[***NOTE (READ AND DELETE THIS BLOCK BEFORE USING MODEL):

Some maintenance projects of more than $25,000 will require payment bonds by law. See Packet Pg. 4313
Exhibit B
generally Civil Code Section 9550 or speak to the City’s Purchasing Team or City Attorney***]
Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

Work Site.

Packet Pg. 4314
Exhibit B
Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

Packet Pg. 4315
Exhibit B
Fees and Payments.

Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) without written approval of City’s [***INSERT TITLE***]. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code Packet Pg. 4316
Exhibit B
provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Termination of Agreement.

Packet Pg. 4317
Exhibit B
General Provisions.

Contractor:
[***INSERT NAME, ADDRESS & CONTACT PERSON***]
City:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT NAME & DEPARTMENT***]
With Copy To:

Indemnification.

Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and Packet Pg. 4318
Exhibit B
volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or Packet Pg. 4319
Exhibit B
service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

Federal Provisions.[***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT AGENCY COUNSEL IF NECESSARY***]When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Packet Pg. 4320
Exhibit B
Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
Packet Pg. 4321
Exhibit B

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:
[***INSERT NAME***],
[***INSERT TITLE***]
ATTESTED BY:
[***INSERT NAME***],
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
[***INSERT NAME OF CONTRACTOR***]
[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:

Its:

Printed Name:
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
Packet Pg. 4322
Exhibit C

EXHIBIT C

PRICE PROPOSAL FORM
VENDOR NAME:

ADDRESS:

PHONE:

The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

All quantities below are estimates for the purposes of bid comparison. Estimated quantities are no guarantee of actual usage.

Unit costs shall include all materials, supplies, labor, equipment and ancillary costs required to complete the work.

Provide prices on the following items using the most recent Caltrans Standard Plans for Pavement Markers and Traffic Lines Pages A20A through A20D and A24A through A24E, appendix A.

Item
No. Estimated
Amount
Description Cost per Linear
Ft Total
1 60,000 4” Broken Lines
2 35,000 4” Solid Lines
3 50,000 Two - 4” Solid Lines with 3” Black separation
4 35,000 8” Solid Line
5 60,000 Two way left turn lanes, two lines, One solid
one dashed with 3” Black Separation
6 15,000 6” Solid Line
7 500 Broken 4” Lane lines and Centerlines through
intersection(Details 40 & 41)
TOTAL VENDOR QUOTE $ $
Packet Pg. 4323
Exhibit C
Painted Reflective Pavement Markings Including Stencils, Crosswalks, Limit Lines etc. :

Item
No. Estimated
Amount
Description Cost per
Square Ft Total
8 75,000 Pavement Markings
TOTAL VENDOR QUOTE $ $
Thermoplastic Reflective Centerlines and lane Lines:

Item
No. Estimated
Amount
Description Cost per Linear
Ft Total
9 150,000 4”Broken Lines (Yellow/White)
10 75,000 4” Solid ( yellow or white) Lines
11 75,000 Two - 4” Solid yellow Lines with 3” Black
separation
12 5,000 8” Solid Line
13 150,000 Two way left turn lanes, two yellow lines, One solid & one dashed with 3” Black Separation
14 4,000 6” Solid Line (bike Lane)
15 1,000 12” diagonals (yellow /White)
16 2,000 Lane Drop at intersection (Detail 37B)
17 2,000 Broken 4” Lane lines and Centerlines extension through intersection (Details 40 & 41)
TOTAL VENDOR QUOTE $ $
Curb Painting Red, White, Green, Yellow & Blue:

Item
No.

Estimated
Amount
Description Cost per Linear Ft Total
18 40,000 Painting of curbs
TOTAL VENDOR QUOTE $ $
Packet Pg. 4324
Exhibit C
Painting of Small Stencils:

Item
No. Estimated
Amount
Description Cost per Letter Total
19 400 Painting of 3"- 4” Non-reflective letters for top of curbs
TOTAL VENDOR QUOTE $ $
Thermoplastic Pavement Markings Including Stencils, Regular crosswalks, Continental crosswalks , ladder crosswalks , Pavement Arrows, Limit Lines etc. :

Item
No. Estimated
Amount
Description Cost per
Square Ft Total
20 200,000 Pavement Markings
TOTAL VENDOR QUOTE $ $
Removals (includes legal disposal of debris):

Item
No. Estimated
Amount
Description Cost per Square Ft Total
21 20,000 Wet Sandblasting
22 5,000 Grinding
TOTAL VENDOR QUOTE $ $
Pre-lining (Cat-track):

Item
No. Estimated
Amount
Description Cost per Linear Ft Total
23 80,000
Pre-lining
TOTAL VENDOR QUOTE $ $
Packet Pg. 4325
Exhibit C
Raised Pavement Markers:

Item
No. Estimated
Amount
Description Cost per Marker Total
24 20,000 Retroreflective raised Pavement Markers
25 100 White Rumble Strips
26 15,000 Ceramic Pavement Markers
TOTAL VENDOR QUOTE $ $
Total Number of Additional Pages:

Submitted By: ____ Title: _________________
(Authorized Representative Signature)
Print Name:

Contractor’s License Number and Classification:

DIR Registration Number (if applicable): ____________________________ Packet Pg. 4326
(Unit Price * Quantity)
Item
Num Section Item Code Description Quantity
1 Section 1 1 4” Broken Lines 60000 $0.10 $6,000.00 Yes 2 Section 1 2 4” Solid Lines 35000 $0.12 $4,200.00 Yes
3 Section 1 3 Two - 4” Solid Lines with 3” Black separation 50000 $0.25 $12,500.00 Yes 4 Section 1 4 8” Solid Line 35000 $0.20 $7,000.00 Yes
5 Section 1 5 Two way left turn lanes, two lines, One solid one dashed with 3” Black Separation 60000 $0.20 $12,000.00 Yes 6 Section 1 6 6” Solid Line 15000 $0.20 $3,000.00 Yes
7 Section 1 7 Broken 4” Lane lines and Centerlines through intersection(Details 40 & 41) 500 $1.50 $750.00 Yes Subtotal $45,450.00
8 Painted Reflective Pavement Markings Including 8 Pavement Markings 75000 $1.00 $75,000.00 Yes Subtotal $75,000.00
9 Thermoplastic Reflective Centerlines and lane Lines: 9 4”Broken Lines (Yellow/White) 150000 $0.24 $36,000.00 Yes 10 Thermoplastic Reflective Centerlines and lane Lines: 10 4” Solid ( yellow or white) Lines 75000 $0.30 $22,500.00 Yes 11 Thermoplastic Reflective Centerlines and lane Lines: 11 Two - 4” Solid yellow Lines with 3” Black separation 75000 $0.75 $56,250.00 Yes 12 Thermoplastic Reflective Centerlines and lane Lines: 12 8” Solid Line 5000 $0.70 $3,500.00 Yes 13 Thermoplastic Reflective Centerlines and lane Lines: 13 Two way left turn lanes, two yellow lines, One solid & one dashed with 3” Black Separation 150000 $0.64 $96,000.00 Yes 14 Thermoplastic Reflective Centerlines and lane Lines: 14 6” Solid Line (bike Lane) 4000 $0.65 $2,600.00 Yes 15 Thermoplastic Reflective Centerlines and lane Lines: 15 12” diagonals (yellow /White) 1000 $2.00 $2,000.00 Yes 16 Thermoplastic Reflective Centerlines and lane Lines: 16 Lane Drop at intersection (Detail 37B) 2000 $1.00 $2,000.00 Yes 17 Thermoplastic Reflective Centerlines and lane Lines: 17 Broken 4” Lane lines and Centerlines extension through intersection (Details 40 & 41) 2000 $3.00 $6,000.00 Yes Subtotal $226,850.00
18 Curb Painting Red, White, Green, Yellow & Blue: 18 Painting of curbs 40000 $0.60 $24,000.00 Yes Subtotal $24,000.00
19 Painting of Small Stencils: 19 Painting of 3"- 4” Non-reflective letters for top of curbs 400 $9.00 $3,600.00 Yes Subtotal $3,600.00
20 Thermoplastic Pavement Markings Including Stencils, Regular crosswalks, Continental crosswalks , ladder crosswalks , Pavement Arrows, Limit Lines etc. : 20 Pavement Markings 200000 $2.25 $450,000.00 Yes Subtotal $450,000.00
21 Removals (includes legal disposal of debris): 21 Wet Sandblasting 20000 $0.55 $11,000.00 Yes 22 Removals (includes legal disposal of debris): 22 Grinding 5000 $0.95 $4,750.00 Yes Subtotal $15,750.00
23 Pre-lining (Cat-track): 23 Pre-lining 80000 $0.10 $8,000.00 Yes Subtotal $8,000.00
24 Raised Pavement Markers: 24 Retroreflective raised Pavement Markers 20000 $1.55 $31,000.00 Yes 25 Raised Pavement Markers: 25 White Rumble Strips 100 $34.10 $3,410.00 Yes 26 Raised Pavement Markers: 26 Ceramic Pavement Markers 15000 $1.25 $18,750.00 Yes Subtotal $53,160.00
Total $901,810.00
City of San Bernardino
Bid Results for Project Street Striping & Pavement Marking Services (RFP F-23-06) Issued on 07/19/2022
Bid Due on August 11, 2022 3:00 PM (PDT)
Exported on 10/10/2022
Cal Stripe Inc. - Colton, CA
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$0.10 $6,000.00 Yes $0.20 $12,000.00 Yes $0.40 $24,000.00 Yes $0.50 $30,000.00 Yes $0.15 $5,250.00 Yes $0.30 $10,500.00 Yes $0.75 $26,250.00 Yes $0.60 $21,000.00 Yes $0.30 $15,000.00 Yes $0.60 $30,000.00 Yes $1.00 $50,000.00 Yes $1.60 $80,000.00 Yes $0.22 $7,700.00 Yes $0.60 $21,000.00 Yes $1.00 $35,000.00 Yes $1.60 $56,000.00 Yes $0.32 $19,200.00 Yes $0.55 $33,000.00 Yes $1.50 $90,000.00 Yes $2.00 $120,000.00 Yes $0.20 $3,000.00 Yes $0.50 $7,500.00 Yes $0.85 $12,750.00 Yes $1.60 $24,000.00 Yes $0.25 $125.00 Yes $1.50 $750.00 Yes $1.50 $750.00 Yes $0.50 $250.00 Yes Subtotal $56,275.00 Subtotal $114,750.00 Subtotal $238,750.00 Subtotal $331,250.00 $1.71 $128,250.00 Yes $2.80 $210,000.00 Yes $3.50 $262,500.00 Yes $5.00 $375,000.00 Yes Subtotal $128,250.00 Subtotal $210,000.00 Subtotal $262,500.00 Subtotal $375,000.00 $0.20 $30,000.00 Yes $0.45 $67,500.00 Yes $0.60 $90,000.00 Yes $0.50 $75,000.00 Yes $0.25 $18,750.00 Yes $0.60 $45,000.00 Yes $0.90 $67,500.00 Yes $0.50 $37,500.00 Yes $0.35 $26,250.00 Yes $0.95 $71,250.00 Yes $1.25 $93,750.00 Yes $1.50 $112,500.00 Yes $0.50 $2,500.00 Yes $1.20 $6,000.00 Yes $1.25 $6,250.00 Yes $1.50 $7,500.00 Yes $0.65 $97,500.00 Yes $0.90 $135,000.00 Yes $2.00 $300,000.00 Yes $1.00 $150,000.00 Yes $0.35 $1,400.00 Yes $0.70 $2,800.00 Yes $1.00 $4,000.00 Yes $1.50 $6,000.00 Yes $2.50 $2,500.00 Yes $4.00 $4,000.00 Yes $5.00 $5,000.00 Yes $6.00 $6,000.00 Yes $0.45 $900.00 Yes $0.85 $1,700.00 Yes $1.25 $2,500.00 Yes $0.50 $1,000.00 Yes $0.50 $1,000.00 Yes $1.50 $3,000.00 Yes $2.50 $5,000.00 Yes $0.50 $1,000.00 Yes Subtotal $180,800.00 Subtotal $336,250.00 Subtotal $574,000.00 Subtotal $396,500.00 $1.00 $40,000.00 Yes $0.85 $34,000.00 Yes $2.50 $100,000.00 Yes $1.60 $64,000.00 Yes Subtotal $40,000.00 Subtotal $34,000.00 Subtotal $100,000.00 Subtotal $64,000.00 $1.30 $520.00 Yes $5.00 $2,000.00 Yes $3.00 $1,200.00 Yes $20.00 $8,000.00 Yes Subtotal $520.00 Subtotal $2,000.00 Subtotal $1,200.00 Subtotal $8,000.00 $4.10 $820,000.00 Yes $5.95 $1,190,000.00 Yes $6.00 $1,200,000.00 Yes $7.00 $1,400,000.00 Yes Subtotal $820,000.00 Subtotal $1,190,000.00 Subtotal $1,200,000.00 Subtotal $1,400,000.00 $3.00 $60,000.00 Yes $2.50 $50,000.00 Yes $4.00 $80,000.00 Yes $5.00 $100,000.00 Yes $2.50 $12,500.00 Yes $2.20 $11,000.00 Yes $2.50 $12,500.00 Yes $5.00 $25,000.00 Yes Subtotal $72,500.00 Subtotal $61,000.00 Subtotal $92,500.00 Subtotal $125,000.00 $0.10 $8,000.00 Yes $0.20 $16,000.00 Yes $0.15 $12,000.00 Yes $0.10 $8,000.00 Yes Subtotal $8,000.00 Subtotal $16,000.00 Subtotal $12,000.00 Subtotal $8,000.00 $3.20 $64,000.00 Yes $4.00 $80,000.00 Yes $6.00 $120,000.00 Yes $4.00 $80,000.00 Yes $199.00 $19,900.00 Yes $5.00 $500.00 Yes $5.00 $500.00 Yes $10.00 $1,000.00 Yes $2.40 $36,000.00 Yes $3.00 $45,000.00 Yes $5.00 $75,000.00 Yes $1.70 $25,500.00 Yes Subtotal $119,900.00 Subtotal $125,500.00 Subtotal $195,500.00 Subtotal $106,500.00 Total $1,426,245.00 Total $2,089,500.00 Total $2,676,450.00 Total $2,814,250.00 Superior Pavement Markings, Inc. - Beaumont, CA WGJ Enterprises Inc.,dba PCI - Azusa, CA Chrisp Company -Bloomington, CA Safe Usa, Inc - Ontario, CA Packet Pg. 4328

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 7, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Agreement with Yunex, LLC., for Streetlight Pole Replacement Services (All Wards)
Recommendation:

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

1. Adopt resolution No. 2022-259 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $450,000; and

2. Authorize the City Manager to execute a Maintenance Services Agreement with Yunex, LLC., for streetlight pole replacement services; and

3. Authorize the Agency Director of Administrative Services to amend the FY22/23 budget in the amount of $450,000 to the Public Works Operations and Maintenance General Fund; and

4. Authorize the Agency Director of Administrative Services to issue a purchase order to Yunex, LLC., in the amount not to exceed $450,000.

Background
The Operations and Maintenance Division (O&M) of the Public Works Department is responsible for the maintenance, repair, and clean-up of City-owned infrastructures and rights of way. In conjunction with the Engineering Division of Public Works, it is also responsible for ensuring the City’s streetlights are properly maintained, inspected, upgraded, and repaired as needed. General maintenance, repair, and inspection of streetlights is largely performed through contractual services, in addition to staff from the Traffic and Lighting section of the O&M Division.

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Discussion
The City of San Bernardino has nearly 9,500 streetlights throughout its city limits with an additional 10,500 streetlights belonging to Southern California Edison. These streetlights are in neighborhoods, main arterial roads, school crossings, and other areas. Annually, many of these streetlights are knocked down due to collisions or other accidents requiring repairs that are scheduled thereafter using contractual services. In a typical year, more than 40 streetlights are knocked down due to collisions. Currently, the City has approximately 62 streetlights needing replacement due to collisions or vandalism. National supply chain shortages and cost increases have made replacing streetlights in a timely manner challenging for staff; however, staff believes this streetlight replacement maintenance services agreement will greatly improve response times in the repair and replacement of knocked down poles. To ensure our City repairs and replaces knocked down streetlight poles in a timely manner, staff is requesting $450,000 for streetlight pole replacement services under this maintenance services agreement.

The Operations and Maintenance Division of Public Works worked with the Finance Department, and, in July of 2022, a formal bid process was initiated to solicit quotes for streetlight pole replacement services in the Request for Proposal No. F-23-09.

Notices were posted on the City’s website. The results of the bid opening yielded two vendors which were reviewed by Procurement for compliance with mandatory requirements. This selection was based on lowest bid. It is important to note that the results below reflect a sampling of the most typically required services and related materials and does not reflect the overall cost of the maintenance services agreement. The amount of this maintenance agreement will be set at $450,000. The results were as follows:

BIDDER CITY COST
Yunex, LLC. Riverside, CA $34,560
M.Brey Electric, Inc. Beaumont, CA $80,722
Yunex, LLC., provided the lowest bid and is a reputable vendor for streetlight pole replacement services. Staff is confident that they are qualified to provide the services required under this maintenance services agreement. Additionally, Yunex, LLC., has previously provided services to the City and is a vendor in good standing. The term of the proposed agreement shall be from December 7, 2022, to June 30, 2025. 2021-2025 Strategic Targets and Goals
This project is consistent with several City goals and targets. It is aligned with Key Target 1e: Minimize risk and litigation exposure. Approval of this agreement will reduce the risk of potential liability associated with tort cases and significantly reduce the amount of open work order requests. It is also aligned with Key Target 3c: Evaluate and enhance the quality of public safety services. Broken or inadequate streetlights are a safety issue for drivers, cyclists, and pedestrians. Acquiring contractual services will improve response times and promote the safe and orderly movement of traffic within the City.

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Fiscal Impact
The General Fund impact is $450,000. A budget amendment is requested for approval as this was not previously appropriated in the FY22/23 budget. Increases in costs for materials and components along with record inflation have also necessitated this budget amendment request.

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

1. Adopt resolution No. 2022-259 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $450,000; and

2. Authorize the City Manager to execute a Maintenance Services Agreement with Yunex, LLC., for streetlight pole replacement services; and

3. Authorize the Agency Director of Administrative Services to amend the FY22/23 budget in the amount of $450,000 to the Public Works Operations and Maintenance General Fund; and

4. Authorize the Agency Director of Administrative Services to issue a purchase order Yunex, LLC., in the amount not to exceed $450,000.

Attachments
Attachment 1 Reso No. 2022-259 Budget Amendment
Attachment 2 Maintenance Services Agreement
Attachment 3 Bid Documents-RFP No. F-23-09
Attachment 4 Bid Results (Summary)
Ward:

All Wards
Synopsis of Previous Council Actions:

None
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Resolution No. 2022-259
Resolution 2022-259
December 7, 2022

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Mayor and City CouncilDecember 7, 2022

Mayor and City Council
December 7, 2022