Agenda packet — Mayor and City Council, April 19, 2023

Mayor and City Council of the City of San Bernardino Page 1

CITY OF SAN BERNARDINO
AGENDA

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR

AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE

HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, APRIL 19, 2023
5:30 PM CLOSED SESSION 7:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG

Theodore Sanchez Helen Tran

Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Charles E. McNeely
COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER
Juan Figueroa

Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett

Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso

COUNCIL MEMBER, WARD 5
Kimberly Calvin

COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
Please contact the City Clerk's Office (909) 3845002 two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters.

To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents.

Mayor and City Council of the City of San Bernardino Page 2

CALL TO ORDER

Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
Interim City Manager Charles E. McNeely
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha

5:30 P.M.

CLOSED SESSION PUBLIC COMMENT

CLOSED SESSION p.11
A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVDS2013562
ii. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVDS2012538
iii. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVDS2012926
iv. Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVSB2025375
v. Matthew Brown v. City of San Bernardino, San Bernardino Superior Court Case No.

CIVDS2022209
viii. Faith Emileen Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2100620
ix. Steve Desrochers v. City of San Bernardino, Workers’ Compensation Case Nos.

ADJ13403664; ADJ9986948; ADJ7808777; ADJ8412423; ADJ2593098; and ADJ4644505

B) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item

C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: Carousel Mall Property, 43 acres
Agency Negotiator: Charles McNeely, Interim City Manager, or designee Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group) Under Negotiation: Price and Terms

Mayor and City Council of the City of San Bernardino Page 3 7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CITY MANAGER UPDATE

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

PRESENTATIONS

1. Recognizing and Honoring Arbor Day – April 28, 2023 (All Wards) p. 13

2. Proclamation for National Library Week in the City of San Bernardino – April 23rd to 29th, 2023 (All Wards) p. 15

3. Proclamation for Volunteer Appreciation Month in the City of San Bernardino – April 2023 (All Wards) p. 17

CONSENT CALENDAR

4. City Board, Commission, and Citizen Advisory Committee Minutes Approved in January/February/March 2023 p. 19
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 January, February, and March 2023.

5. Approve a technical correction to increase the Council approved Purchase Order to NightOps Tactical by $29,529, for a total of $367,152, the cost of which is covered by Justice Assistance Grant (JAG) funds. (All Wards) p. 98 Recommendation:

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

1. The City Manager to execute amendment No. 1 to the purchase agreement with NightOps Tactical Incorporated, and

2. The Agency Director of Administrative Services to increase the Council approved Purchase Order to NightOps Tactical by $29,529, to $367,152.

Mayor and City Council of the City of San Bernardino Page 4

6. Updating Assessment Engineer's Reports – Previously Formed Landscape and Lighting Maintenance Districts (All Wards) p. 119
Recommendation:

It is recommended that the Mayor and City Council adopt Resolution No. 2023055, initiating proceedings to levy and collect assessments for FY 2023/24 in Assessment Districts pursuant to the Constitution and the City Charter, appointing the Engineer of Record, and ordering preparation of Engineer’s Report.

7. Approval of Commercial and Payroll Disbursements (All Wards) p. 126 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for March 2023.

8. Amendment to Professional Services Agreements for Legal Services (All Wards) p. 218 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or designee to execute:

1. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538;

2. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Matthew Brown v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2025900;

3. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Don Smith v. John Valdivia, City of San Bernardino, et al., San Bernardino Superior Court Case No.

CIVDSB2025375;

4. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2013562;

5. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for the representation in the Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926;

6. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for the representation in the Sedna Moseley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209;

7. Fourth Amendment to the Professional Services Agreement with Lynberg and Watkins for the representation in the Gary Saenz, et al. v. City of San Bernardino et al., San Bernardino Superior Court Case No. CIVDS2003802.

9. Accept the BSCC Officer Wellness and Mental Health Grant (All Wards) p. 283 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023056 authorizing:

1. The City Manager to accept the Board of State and Community Corrections (BSCC) Officer Wellness Grant.

2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating$172,010.25 in both revenue and expenditures.

Mayor and City Council of the City of San Bernardino Page 5

DISCUSSION

10. City Manager Executive Recruitment Services (All Wards) p. 298 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or his designee to execute a Professional Services Agreement with Gallagher Benefit Services, Inc., for the executive recruitment services for the position of City Manager.

11. Ratify Memorandum of Understanding for Temporary License between the City of San Bernardino and the San Bernardino City Unified School District (Ward 2) p. 315 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify the Memorandum of Understanding for the Temporary License between the City of San Bernardino and the San Bernardino City Unified School District for use of property on Fairfax Elementary School.

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

12. Consider Removal of Oxbow Cement Pile (Ward 5) – Council Member Reynoso p. 325

13. Volunteers and Interns for Elected Officials (All Wards) – Council Member Alexander p. 326

14. Mechanisms to require developers to maintain their properties in a nuisancefree condition following receipt of entitlements/approvals including, for example, requiring fencing of sites and requiring demolition of structures within a certain period of time following approval. (All Wards) – Council Member Figueroa p. 327

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on May 03, 2023 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401.

Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

CERTIFICATION OF POSTING AGENDA

I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the April 19, 2023, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, April 14, 2023.

I declare under the penalty of perjury that the foregoing is true and correct.

Mayor and City Council of the City of San Bernardino Page 6 NOTICE:

In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.

Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.

Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning
comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.

Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.

Rule 5. Time Limits:

5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.

5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.

Mayor and City Council of the City of San Bernardino Page 7 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.

The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.

Mayor and City Council of the City of San Bernardino Page 8

PUBLIC COMMENT OPTIONS

Please use ONE of the following options to provide a public comment:

1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.

2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If y ou wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments

3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom)

a) You can use a mobile phone or a landline to dial into a Zoom meeting.

i) Dial (669) 9006833. When prompted, enter the Meeting ID: 6778459453 Passcode:2023

The public may begin joining the meeting on Zoom or by callingin to be added to the speaker queue at 5:15 PM for Closed Session.

Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time:

ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak.

If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.

Continued next page...

8) Join the Meeting by clicking on the Zoom link below:

Mayor and City Council of the City of San Bernardino Page 9 https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09

Meeting ID: 677 845 9453
Passcode:2023

You can also Go to Zoom.us and click "Join a Meeting" at the top.

Enter the Meeting ID: 6778459453
Passcode:2023

Public Hearings:

If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed.

CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, APRIL 19, 2023
5:30 PM CLOSED SESSION 7:00 PM OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez
COUNCIL MEMBER, WARD 1 Helen Tran
MAYOR
Damon L. Alexander
COUNCIL MEMBER, WARD 7
Sandra Ibarra
COUNCIL MEMBER, WARD 2
Charles E. McNeely
INTERIM CITY MANAGER
Juan Figueroa
COUNCIL MEMBER, WARD 3
Sonia Carvalho
CITY ATTORNEY
Fred Shorett
MAYOR PRO TEM, WARD 4
Genoveva Rocha
CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
Please contact the City Clerk's Office (909) 3845002 two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters.

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
Interim City Manager Charles E. McNeely
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.

CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
A) Closed Session
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVDS2013562
ii. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVDS2012538
iii. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVDS2012926
iv. Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVSB2025375
v. Matthew Brown v. City of San Bernardino, San Bernardino Superior Court Case No.

CIVSB2025900
vi.   Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2003802; 4th District Court of Appeal Court                Case No. E078346; and 4th District Court of Appeal Case No. D080378
vii.  Sedna Mosley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209
viii.  Faith Emileen Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2100620
ix.   Steve Desrochers v. City of San Bernardino, Workers’ Compensation Case Nos.

ADJ13403664; ADJ9986948; ADJ7808777; ADJ8412423;                        ADJ2593098; and ADJ4644505
B) CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section               54956.9(d)(2)): One Item
C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property:                        Carousel Mall Property, 43 acres Agency Negotiator:        Charles McNeely, Interim City Manager, or designee Negotiating Parties:        SBDC (Renaissance Downtown USA/ICO Real Estate Group) Under Negotiation:         Price and Terms
7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA CITY MANAGER UPDATE
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

PRESENTATIONS

1. Recognizing and Honoring Arbor Day – April 28, 2023 (All Wards)

2. Proclamation for National Library Week in the City of San Bernardino – April 23rd to 29th, 2023 (All Wards)

3. Proclamation for Volunteer Appreciation Month in the City of San Bernardino – April 2023 (All Wards)
CONSENT CALENDAR

4. City Board, Commission, and Citizen Advisory Committee Minutes Approved in January/February/March 2023
Recommendation:

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

1. The City Manager to execute amendment No. 1 to the purchase agreement with NightOps Tactical Incorporated, and

2. The Agency Director of Administrative Services to increase the Council approved Purchase Order to NightOps Tactical by $29,529, to $367,152.

6. Updating Assessment Engineer's Reports – Previously Formed Landscape and Lighting Maintenance Districts (All Wards)
Recommendation:

7. 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 March 2023.

8. Amendment to Professional Services Agreements for Legal Services (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or designee to execute:

CIVDSB2025375;

9. Accept the BSCC Officer Wellness and Mental Health Grant (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023056 authorizing:

1. The City Manager to accept the Board of State and Community Corrections (BSCC) Officer Wellness Grant.

2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $172,010.25 in both revenue and expenditures.

DISCUSSION

10. City Manager Executive Recruitment Services (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or his designee to execute a Professional Services Agreement with Gallagher Benefit Services, Inc., (Koff & Associates) for the executive recruitment services for the position of City Manager.

11.Ratify Memorandum of Understanding for Temporary License between the City of San Bernardino and the San Bernardino City Unified School District (Ward 2) Recommendation:

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

12. Consider Removal of Oxbow Cement Pile (Ward 5) – Council Member Reynoso

13. Volunteers and Interns for Elected Officials (All Wards) – Council Member Alexander

Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the April 19, 2023, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, April 14, 2023.

I declare under the penalty of perjury that the foregoing is true and correct.

NOTICE:

In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.

Rule 5. Time Limits:

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.

Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.

PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments 3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom)
a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 9006833. When prompted, enter the Meeting ID: 6778459453 Passcode:2023 The public may begin joining the meeting on Zoom or by callingin to be added to the speaker queue at 5:15 PM for Closed Session.

Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time:
ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak.

If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.

Continued next page...
8) Join the Meeting by clicking on the Zoom link below:
https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09 Meeting ID: 677 845 9453
Passcode:2023
You can also Go to Zoom.us and click "Join a Meeting" at the top.

Enter the Meeting ID: 6778459453
Passcode:2023
Public Hearings:

If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed.

Regular Meeting
Agenda
April 19, 2023

Mayor and City Council of the City of San Bernardino

Page 10 ends

1 3
1 0

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: April 19, 2023
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney's Office
Subject: Closed Session
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVDS2013562
ii. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538
iii. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926
iv. Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVSB2025375
v. Matthew Brown v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2025900
vi. Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2003802; 4th District Court of Appeal Court Case No.

E078346; and 4th District Court of Appeal Case No. D080378 vii. Sedna Mosley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209
viii. Faith Emileen Stewart v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2100620
ix. Steve Desrochers v. City of San Bernardino, Workers’ Compensation Case Nos. ADJ13403664; ADJ9986948; ADJ7808777; ADJ8412423; ADJ2593098; and ADJ4644505

B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item

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0 C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: Carousel Mall Property, 43 acres Agency Negotiator: Charles McNeely, Interim City Manager, or designee Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group) Under Negotiation: Price and Terms
Click or tap here to enter text.

Click or tap here to enter text.

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12 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: April 19, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Recognizing and Honoring Arbor Day – April 28, 2023 (All Wards)

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8 PROCLAMATION

OF THE MAYOR AND CITY COUNCIL

RECOGNIZING AND HONORING ARBOR
DAY
WHEREAS, the City of San Bernardino values its urban forest and all its trees and recognizes the benefits trees can provide to San Bernardino’s neighborhoods, and
WHEREAS, the City is supportive of tree planting and
acknowledges that they can be a solution to fighting climate change by providing shade, moderating temperatures, cleaning the air, providing a habitat for wildlife, and producing life-giving oxygen, and WHEREAS, trees can be a renewable resource, giving us wood for our homes, paper, and fuel for our warmth in winter, and WHEREAS, trees—wherever they are planted—can be a source of joy and spiritual renewal, and beautification of our communities, and WHEREAS, in 1872, a special day was established for the planting of trees, and
WHEREAS, Arbor Day is now observed throughout the nation and the world, and
WHEREAS, the City of San Bernardino is committed to continue nurturing and preserving its urban forest through planting, caring, and diversifying its trees throughout the City,
NOW THEREFORE BE IT PROCLAIMED THAT the Mayor
and City Council of the City of San Bernardino hereby designate April 28, 2023 as a day in honor and recognition of Arbor Day.

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14 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: April 19, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for National Library Week in the City of San Bernardino – April 23rd to 29th, 2023 (All Wards)

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15 PROCLAMATION
OF THE

MAYOR AND CITY COUNCIL

NATIONAL LIBRARY WEEK
WHEREAS, in observance of National Library Week, patrons are encouraged to visit one or more of the four San Bernardino Public Libraries, either in person or virtually at www.sbpl.org; and
WHEREAS, "There’s More to the Story,” is this year’s theme from the American Library Association. Whether people visit in person or virtually, libraries offer endless opportunities to transform lives through education and lifelong learning; and WHEREAS, with the support of our Mayor and City Council, increased funding allowed for public service weekly hours to expand to 40 at each location, including a doubling of the three branch libraries' hours, in October 2021 with the addition of several full-time staff; and
WHEREAS, besides patrons checking out books, doing research, using a PC or enjoying free Wi-Fi - we offer various free activities, such as pre-school story time, crafts, workshops, author visits, entertainment programs, literacy services and classes to help people improve their lives at no cost; and
WHEREAS, our online services for remote learners including eBooks and eAudiobooks, homework help via chat and others were more valuable than ever to our patrons during the Covid-19 pandemic in the last few years; and WHEREAS, libraries help change lives in their communities, serving people of every age, education level, ethnicity and physical ability; and WHEREAS, approximately 28,000 people have our city of San Bernardino library card; and
WHEREAS, our San Bernardino Public Library has served our community for 132 years and if there is any city that can benefit from a free public library - it is here.

NOW THEREFORE, THE MAYOR & CITY COUNCIL OF THE CITY OF SAN BERNARDINO, do hereby proclaim April 23rd to 29th, 2023, as

NATIONAL LIBRARY WEEK
Presented this 19th day of April 2023

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16 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: April 19, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Volunteer Appreciation Month in the City of San Bernardino – April 2023 (All Wards)

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17 PROCLAMATION OF THE MAYOR & CITY COUNCIL

VOLUNTEER APPRECIATION MONTH
WHEREAS, the month of April has been designated nationally as Volunteer Appreciation Month to recognize the hard work, dedication and passion of volunteers and national service members throughout our nation; and WHEREAS, last year, more than 60 million Americans gave their time in service to our nation, which is a testament to the compassion and generosity of the American spirit; and
WHEREAS, the City of San Bernardino commemorates Volunteer Appreciation Month by recognizing and honoring its valued volunteers with the Proclamation; and WHEREAS, San Bernardino believes that government alone cannot meet all of our city’s needs, so we partner with businesses, faith-based organizations, non-profit organizations, foundations and individuals who serve in city government and in our community to make a difference; and
WHEREAS, the City of San Bernardino is committed to encouraging volunteerism among its employees, citizens, partners, businesses and organizations and thanks all volunteers throughout the City of San Bernardino for their dedicated service; and
NOW THEREFORE, BE IT RESOLVED that, the Mayor & City Council of the City of San Bernardino, do hereby proclaim the Month of April 2023, as Volunteer Appreciation Month in the City of San Bernardino and urge our residents to recognize the positive impact of volunteerism in our communities.

Presented this 19th day of April 2023

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18 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 19, 2023
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
January/February/March 2023
Recommendation:

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 January, February, and March 2023 are presented for review by the Mayor and City Council including the:

1. Arts and Historical Preservation Commission – 11/21/2022

2. Library Board – 11/8/2022

3. Planning Commission – 11/8/2022

4. Public Safety and Human Relations Commission – 12/12/2022; 1/9/2023; 2/13/2023

5. Water Board – 12/13/2022; 1/10/2023; 1/24/2023; 2/14/2023; 2/28/2023; 3/14/2023

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19 2021-2025 Strategic Targets and Goals
Providing the agendas and minutes from each of the City’s Boards, Commissions and 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 January, February, and March 2023.

Attachments
Attachment 1 City Board, Commission and Citizen Advisory Committee Meeting minutes approved in January,
February, and March 2023.

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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97 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 19, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
By: Barbara Whitehorn, Agency Director of Administrative Services
Department: Finance
Subject: Approve a technical correction to increase the Council approved Purchase Order to NightOps
Tactical by $29,529, for a total of $367,152, the cost of which is covered by Justice Assistance Grant (JAG)
funds. (All Wards)
Recommendation:

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

1. The City Manager to execute amendment No. 1 to the purchase agreement with NightOps Tactical Incorporated, and

2. The Agency Director of Administrative Services to increase the Council approved Purchase Order to NightOps Tactical by $29,529, to $367,152.

Background
In September of 2022, the City conducted an open bid solicitation process to purchase night vision equipment. NightOps Inc. was found to be the lowest bidder that met the required specifications. On January 18, 2023, the Mayor and City Council approved a purchase agreement between the City of San Bernardino and NightOps Tactical for the purchase of equipment at a cost of $337,623.

Discussion
During the purchasing process, staff discovered that NightOps did not include sales tax in their winning bid, which, when added, increases the cost by $29,529. After adding the appropriate taxes, for a total cost of $367,152, NightOps remains the lowest responsive bidder by $13,944.80.

Staff is requesting to increase the Purchase Order by $29,529 to $367,125. This

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98 equipment is grant-funded and there are sufficient funds within the JAG Program to cover the additional cost. The amendment to the agreement is attached, dated March 22, 2023. (Attachment 1)
2021-2025 Strategic Targets and Goals
This purchase aligns with Goal No. 3: Improved Quality of Life: Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
There is no impact to the General Fund with this action. There is an additional cost to the JAG program of $29,529, the total expenditure will be $367,152. There are sufficient funds previously accepted with the FY 2019 and 2020 JAG programs to cover the additional cost.

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

1. The City Manager to execute amendment No. 1 to the purchase agreement with NightOps Tactical Incorporated, and

2. The Agency Director of Administrative Services to increase the Council approved Purchase Order to NightOps Tactical by $29,529, to $367,152.

Attachments
Attachment 1 – Contract Amendment #1
Attachment 2 – Agreement with Night Ops
Ward:

All Wards
Synopsis of Previous Council Actions:

January 18, 2023 Mayor and City Council of the City of San Bernardino approved a purchase agreement between the City of San
Bernardino and NightOps Tactical for the amount of
$337,623.

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99 AMENDMENT NO. 1 TO

AGREEMENT FOR NIGHT VISION GOGGLES AND ACCESSORIES
WITH NIGHT OPS TACTICAL INC.

This Amendment No. 1 to the Agreement for NIGHT VISION GOGGLES AND ACCESSORIES is made and entered into as of April 20, 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and NIGHT OPS TACTICAL INC, a CORPORATION (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated January 18, 2023, for the purpose of providing NIGHT VISION GOGGLES AND ACCESSORIES (the “Master Agreement”)
B. WHEREAS, the City and the Consultant have entered into an Amendment No. 1 to the Master Agreement, dated March 22, 2023, for the purpose of amending the COMPENSATION AMOUNT TO ADD SALES TAX.

C. 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. 1 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. There is no change to the expiration date of the Master Agreement.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed Twenty-nine thousand, five hundred twenty-nine dollars ($29,528.89), thereby increasing the total not to exceed compensation of the Master Agreement to the amount of Three hundred sixty-seven thousand, one hundred fifty-two dollars ($367,152). Work shall be performed at the rates set forth in the Master Agreement.

4. Full Force. Except as amended by this Amendment No. 1, 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. 1.

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

6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR
AMENDMENT NO. 1

NIGHT VISION GOGGLES AND ACCESSORIES
WITH NIGHT OPS TACTICAL INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
Interim City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
NIGHT OPS TACTICAL INC.

Signature
Name
Title

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DocuSign Envelope ID: CD12E7F1-54C5-4238-91A5-10825F122352

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DocuSign Envelope ID: CD12E7F1-54C5-4238-91A5-10825F122352

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DocuSign Envelope ID: CD12E7F1-54C5-4238-91A5-10825F122352

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DocuSign Envelope ID: CD12E7F1-54C5-4238-91A5-10825F122352

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DocuSign Envelope ID: CD12E7F1-54C5-4238-91A5-10825F122352

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DocuSign Envelope ID: CD12E7F1-54C5-4238-91A5-10825F122352

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DocuSign Envelope ID: CD12E7F1-54C5-4238-91A5-10825F122352

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DocuSign Envelope ID: CD12E7F1-54C5-4238-91A5-10825F122352

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DocuSign Envelope ID: CD12E7F1-54C5-4238-91A5-10825F122352

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DocuSign Envelope ID: CD12E7F1-54C5-4238-91A5-10825F122352

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DocuSign Envelope ID: CD12E7F1-54C5-4238-91A5-10825F122352

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DocuSign Envelope ID: CD12E7F1-54C5-4238-91A5-10825F122352

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SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND NIGHTOPS TACTICAL INC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
City Manager
ATTESTED BY:
________________________________
Genoveva Rocha CMC
City Clerk
APPROVED AS TO FORM:
________________________________
Best Best & Krieger LLP City Attorney
13 NIGHTOPS TACTICAL INC
Signature
Name
Title
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DocuSign Envelope ID: CD12E7F1-54C5-4238-91A5-10825F122352 Sales Manager
John McDonald

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DocuSign Envelope ID: CD12E7F1-54C5-4238-91A5-10825F122352

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DocuSign Envelope ID: CD12E7F1-54C5-4238-91A5-10825F122352

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 19, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
By: Barbara Whitehorn, Agency Director of Administrative Services; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Department: Finance
Subject: Updating Assessment Engineer's Reports –
Previously Formed Landscape and Lighting
Maintenance Districts (All Wards)
Recommendation:

It is recommended that the Mayor and City Council adopt Resolution No. 2023-055, initiating proceedings to levy and collect assessments for FY 2023/24 in Assessment Districts pursuant to the Constitution and the City Charter, appointing the Engineer of Record, and ordering preparation of Engineer’s Report.

Background
The City Council previously formed Landscape & Lighting and Street & Drainage Maintenance Districts as a condition of approval for private development projects. The assessment engineer's report that establishes the amount of an annual assessment in each of the Districts must be updated annually and approved by the City Council, following a public hearing, in order to levy the annual assessment(s).

Discussion
Development projects are approved subject to Conditions of Approval that require the formation of maintenance districts to recover the costs of annual maintenance of public improvements constructed as a result of the development project.

The assessment of an annual fee upon properties within the District provides the revenue to offset the cost of maintenance of the public improvements necessary to serve the development.

California Streets and Highways Code §22620 et. seq. with respect to Landscape and Lighting Districts, and Government Code §53750 et. seq. with respect to Street and Drainage Maintenance Districts, require that the assessment engineer's report for each

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of the Districts be updated and approved by the legislative body prior to the levy of any annual assessment on properties within an assessment district.

The tentative schedule for the annual update of the assessment districts which is prepared based on information provided by the San Bernardino County Auditor- Controller-Recorders office is as follows:
•April 19, 2023: Mayor and City Council direction for the preparation of an assessment engineer’s report describing any new improvements or any substantial changes in the existing improvements in the existing assessment districts.
•May 17, 2023: Mayor and City Council (1) preliminarily approving the engineering reports for the existing assessment districts and directing the filing of such reports with the City Clerk, and (2) setting the date for the public hearing at 7:00 PM on Wednesday, July 19, 2023, in the City of San Bernardino Council Chamber, 555 W 6th Street, San Bernardino, CA 92410 pursuant to California Streets and Highways Code Sections 22552 and 22553 and Government Code Section 53753.5 to consider the levy of annual assessments upon real property. •July 5, 2023: Deadline for submission of preliminary notice of assessments to San Bernardino County.
•July 19, 2023: Mayor and City Council public hearing and approval of the levy of assessments upon real property within each of the Districts for fiscal year 2023-24.
•August 1, 2023: Deadline for submission of final notice of assessments to San Bernardino County.
•August 10, 2023: Last day for submission of corrections to San Bernardino County.

The City has formed sixty-nine (69) such assessment districts. 2021-2025 Strategic Targets and Goals
This project is consistent with Goal No 1. Improved Operational and Financial Stability and Goal No. 4 Economic Growth & Development. This project will help to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The assessment on properties within the assessment districts provides revenue to offset the cost of maintenance of public improvement to serve the development project.

The engineering reports set forth the “Maximum Allowable Assessment” for each parcel.

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Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2023-055, initiating proceedings to levy and collect assessments for FY 2023/24 in Assessment Districts pursuant to the Constitution and the City Charter, appointing the Engineer of Record, and ordering preparation of Engineer’s Report.

Attachments
Attachment 1 – Resolution No. 2023-055
Ward:

All Wards
Synopsis of Previous Council Actions:

None

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Resolution No. 2023-055
Resolution 2023-055
April 19, 2023

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RESOLUTION NO. 2023-055

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

INITIATING PROCEEDINGS TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 2023-24 IN

ASSESSMENT DISTRICTS PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972,

APPOINTING THE ENGINEER OF RECORD, AND
ORDERING PREPARATION OF ENGINEER’S REPORTS
WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has previously determined that the public interest, convenience, and necessity require the installation, construction, and maintenance of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant facilities within the City of San Bernardino (the “City”), as authorized by the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the “Act”) and has established the following assessment districts (the “Assessment Districts”) within the City: Assessment District No. 951 Zone 1 and Zone 2 (Wagonwheel Road Area), Assessment District No. 952 Zone 1, Zone 2, Zone 2A and Zone 3 (State College Area), Assessment District No. 953 (16th Street), Assessment District No. 956 (Carnegie Drive Area), Assessment District No. 959 Zone 1 (Shandin Hills), Assessment District No. 962 (Pine Avenue Area), Assessment District No. 963 (Allen Street), Assessment District No. 968 (Airport Drive), Assessment District No. 974 (Rialto Avenue between Eucalyptus and Pepper), Assessment District No. 975 (Pepper and Mill Area), Assessment District No. 976 (Pine and Belmont), Assessment District No. 981 (Meridian and Randall Avenue), Assessment District No. 982 (Piedmont Drive Area), Assessment District No. 986 (Rialto and Macy Area), Assessment District No. 989 (Mill and Macy Area), Assessment District No. 991 (Verdemont and Olive Area), Assessment District No. 993 (Cajon and June Area), Assessment District No. 997 (Chestnut Area), Assessment District No. 1001 (Pennsylvania and Birch Area), Assessment District No. 1002 (North “H” Street Area), Assessment District No. 1005 (Cajon and Pepper Linden Area), Assessment District No. 1007 (Pepper and Randall Area), Assessment District No. 1012 (Mill/Burney Area), Assessment District No. 1016 (Coulston Area), Assessment District No. 1017 (Kendall and Pine Area), Assessment District No. 1019 (Northpark and Mountain Area), Assessment District No. 1020 (Mill Street and Dallas Avenue Area), Assessment District No. 1022 Zone 1, Zone 2 and Zone 3 (San Bernardino International Airport/Alliance-California), Assessment District No. 1023 (Elm Avenue and Coulston Street Area), Assessment District No. 1024 (Inland Center Drive and Riverwalk Drive Area), Assessment District No. 1025 (Palm Avenue and Washington Avenue Area), Assessment District No. 1027 (Waterman Avenue and Washington Street Area), Assessment District No. 1028 (Ohio Avenue and Walnut Avenue Area), Assessment District No. 1029 (California Street and 16th Street Area), Assessment District No. 1030 (Magnolia Avenue and Ohio Avenue Area), Assessment District No. 1031 (Irvington Avenue and Olive Avenue Area), Assessment District No. 1032 (Palm Avenue and Verdemont Drive), Assessment District No. 1035, Zone 1 and Zone 2 (Palm Avenue and Meyers Road), Assessment

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Resolution No. 2023-055
Resolution 2023-055
April 19, 2023

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District No. 1036 (Northpark Boulevard and Campus Parkway), Assessment District No. 1037 (Belmont Avenue and Magnolia Avenue), Assessment District No. 1038 (Orange Show Road and Arrowhead Avenue), Assessment District No. 1039 (Irvington Avenue and Chestnut Avenue Area), Assessment District No. 1040 (Arcacia Avenue and Hill Drive Area), Assessment District No. 1041 (Magnolia Avenue and Ohio Avenue Area), Assessment District No. 1042 (Shandin Hills Drive and Shady Creek Drive), Assessment District No. 1043, Zone 1 and Zone 2 (Palm Avenue and Irvington Avenue Area), Assessment District No. 1045 (Waterman Avenue and Orange Show Road Area), Assessment District No. 1046 (Northpark Boulevard and Northstar Avenue Area), Assessment District No. 1047 (Ohio Avenue and Pine Avenue Area), Assessment District No. 1048 (Eucalyptus Avenue and Randall Avenue Area), Assessment District No. 1050 (Pepper Avenue and Rialto Avenue Area), Assessment District No. 1052 (Belmont Avenue and Chestnut Avenue Area), Assessment District No. 1054 (Campus Parkway and Valles Drive Area), Assessment District No. 1055 (Pine Avenue and Redwood Street Area), Assessment District No. 1056 (Magnolia Avenue and Garfield Street Area), Assessment District No. 1057 (Cajon Boulevard and University Parkway Area), Assessment District No. 1059 (Orange Show Road and Tippecanoe Avenue Area), Assessment District No. 1060 (Chiquita Lane and Date Street Area), Assessment District No. 1063 (Central Avenue and Lena Road Area), Assessment District No. 1064 (Cajon Boulevard and Glen Helen Parkway Area), and Assessment District No. 1068 (Tippecanoe Avenue and Central Avenue Area); and
WHEREAS, the City Council has determined that the public interest, convenience, and necessity require the continued levy of assessments within the Assessment Districts for the purpose of installing, constructing, operating, and maintaining public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant facilities authorized by the Act;

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 Council hereby initiates proceedings pursuant to the Act to levy and collect annual assessments within the Assessment Districts for the maintenance, servicing and operating of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant facilities during fiscal year 2023-24.

SECTION 3. The maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains.

SECTION 4. The proceedings for the annual levy of the assessments are to be conducted pursuant to the Act.

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Resolution No. 2023-055
Resolution 2023-055
April 19, 2023

Page 3 of 4 ends

SECTION 5. Spicer Consulting Group, LLC is hereby appointed as Engineer of Record for the purpose of preparing the written report provided for in Section 22567 of the Streets and Highways Code with respect to the levy of assessments for fiscal year 2023-24 for each of the Assessment Districts, and is hereby directed to prepare and file such reports with the City Clerk.

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.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 that 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 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of April, 2023.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney

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Resolution No. 2023-055
Resolution 2023-055
April 19, 2023

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-055, adopted at a regular meeting held on the 19th day of April, 2023 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 April, 2023.
______________________________
Genoveva Rocha, City Clerk

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 19, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
By: 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 March 2023.

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 March 16, 2023 $2,881,164.66
Bi-Weekly for March 30, 2023 $2,715,602.96
Monthly for March 15, 2023 $26,950.00
Total Payroll Demands: $5,623,717.62

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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 March 2023.

Attachments
Attachment 1 Payroll Summary Report for March 2023 Attachment 2 Commercial checks & Payroll Register #40 Attachment 3 Commercial checks & Payroll Register #41 Attachment 4 Commercial checks & Payroll Register #42 Attachment 5 Commercial checks & Payroll Register #43 Attachment 6 Commercial checks & Payroll Register #44 Attachment 7 Commercial EFT Registers #1430-1434 Attachment 8 Commercial EFT Registers #1435-1441 Ward:

All Wards
Synopsis of Previous Council Actions:

The following check registers are being presented for approval:

March 6, 2023 2022/23 (Register #40) $1,500.00
March 9, 2023 2022/23 (Register #41) $1,975,458.73
March 16, 2023 2022/23 (Register #42) $976,281.60
March 23, 2023 2022/23 (Register #43) $2,153,468.59
March 30, 2023 2022/23 (Register #44) $796,449.51
Total commercial check demands: $5,903,158.43
The following Electronic Funds Transfer (EFT) registers presented for approval:

February 8 to February 9, 2023 2022/23 (Register #1430-1434) $ 622,735.16 January 31 to February 23, 2023 2022/23 (Register #1435-1441) $ 1,599,180.06 Total commercial EFT demands: $2,221,915.22

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City of San Bernardino
Accounts Payable Warrant Register
Summary by Fund
Register #1430-1434 2.8.23-2.9.23
Fund 635-Fleet Services
Fund 710- EDA - RDA
$1,700.00
$33,945.77
$587,089.39
$622,735.16
Fund 784-Payroll Clearing Fund

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 19, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
By: Suzie Soren, Director of Human Resources
Department: Human Resources
Subject: Amendment to Professional Services Agreements for Legal Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or designee to execute:

1. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Karen Cervantes v.

John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538;

CIVDSB2025375;

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5. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for the representation in the Mirna Cisneros v.

John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926;

6. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for the representation in the Sedna Moseley v.

City of San Bernardino, et al., San Bernardino Superior Court Case No.

CIVDS2022209;

Background
Karen Cervantes v. John Valdivia, et al.
•On August 28, 2020, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud and Romo in the amount of $50,000 each pursuant to

3.04.085(A) of the Municipal Code to represent the City in the Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVDS2012538. This case remains active.
•On May 5, 2021, the City entered into the first amendment to the agreement for a total not to exceed $200,000.

Matthew Brown v. City of San Bernardino, et al.
•On January 27, 2021, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud and Romo in the amount of $50,000 each pursuant to

3.04.085(A) of the Municipal Code to represent the City in the Matthew Brown v. City of San Bernardino, et al., San Bernardino Superior Court Case No.

CIVDS2025900. This case remains active.
•On May 05, 2021, the City entered into the first amendment to the agreement for a total not to exceed $150,000.

Don Smith v. John Valdivia, City of San Bernardino, et al. •On January 27, 2021, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud and Romo in the amount of $50,000 each pursuant to

3.04.085(A) of the Municipal Code to represent the City in the Don Smith v. John Valdivia, City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDSB2025375. This case remains active.
•On May 5, 2021, the City entered into the first amendment to the agreement for a total not to exceed $150,000.

Jackie Aboud v. John Valdivia, et al.
•On August 28, 2020, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud and Romo in the amount of $50,000 each pursuant to

3.04.085(A) of the Municipal Code to represent the City in the Jackie Aboud v.

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John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2013562.

This case remains active.
•On May 5, 2021, the City entered into the first amendment to the agreement for a total not to exceed $175,000.

Mirna Cisneros v. John Valdivia, et al.
•On August 28, 2020, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud and Romo in the amount of $50,000 each pursuant to

3.04.085(A) of the Municipal Code to represent the City in the Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVDS2012926. This case remains active.
•On May 5, 2021, the City entered into the first amendment to the agreement for a total not to exceed $250,000.

Sedna Moseley v. City of San Bernardino, et al.
•On January 14, 2021, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud and Romo in the amount of $50,000 to represent the City in the Sedna Moseley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209. This case remains active; however, it has been transferred to Best, Best and Krieger. The City is paying Atkinson, Andelson, Loya, Ruud and Romo’s final invoices.
•On March 13, 2022, the City entered into the first amendment to the agreement for a total not to exceed $150,000.

Gary Saenz, et al. v. City of San Bernardino, et al.
•On July 08, 2019, the City entered into an agreement with Lynberg and Watkins in the amount of $50,000 to represent the City in the Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No.

CIVDS2003802. This case remains active.
•On February 26, 2020, the City entered into the first amendment to the agreement with a cap of $25,000.
•On July 15, 2020, the City entered into the second amendment to the agreement for a total not to exceed $75,000.
•On August 17, 2022, the City entered into the third amendment to the agreement for a total not to exceed $150,000.

Discussion
At this time, it is necessary to increase the not-to-exceed contract amounts for all agreements listed above.

Atkinson, Andelson, Loya, Ruud and Romo have worked on behalf of the City on the Karen Cervantes, Matthew Brown, Don Smith, Jackie Aboud and Mirna Cisneros matters. It is advisable to maintain this firm as continued representation is essential to protect the City’s interest and avoid unnecessary liability. In addition, utilizing the same firm provides efficiency that would be lost should the case need to be transferred to a different firm.

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The Sedna Moseley matter has been transferred to Best, Best and Krieger, however, there are final Atkinson, Andelson, Loya, Ruud and Romo invoices pending payment.

Lynberg and Watkins have consistently worked on the Gary Saenz matter. Continued representation by this firm is vital to protect the City’s interest and avoid unnecessary liability. Also, utilizing the same firm maintains efficiency that would be lost if the case is transferred to a different firm.

The proposed amendments to the contract amounts are as follows:

Case Firm
Current Not-to-
Exceed
Amount
Proposed Not-
to-Exceed
Amount
K. Cervantes;
CIVDS2012538
Atkinson,
Andelson, Loya,
Ruud and Romo
$200,000 $350,000
M. Brown;
CIVDS2025900
Atkinson,
Andelson, Loya,
Ruud and Romo
$150,000 $300,000
D. Smith;
CIVDSB2025375
Atkinson,
Andelson, Loya,
Ruud and Romo
$150,000 $300,000
J. Aboud;
CIVDS2013562
Atkinson,
Andelson, Loya,
Ruud and Romo
$175,000 $325,000
M. Cisneros;
CIVDS2012926
Atkinson,
Andelson, Loya,
Ruud and Romo
$250,000 $450,000
S. Moseley;
CIVDS2022209
Atkinson,
Andelson, Loya,
Ruud and Romo
$150,000 $175,000
G. Saenz;
CIVDS2003802
Lynberg and
Watkins $150,000 $225,000
TOTAL $1,225,000 $2,125,000
Additional Funds $900,000

2021-2025 Strategic Targets and Goals
Authorization of these amendments aligns with Key Target No. 1e: Improved Operational & Financial Capacity – Minimize Risk and Litigation Exposure. Continued legal representation protects the City’s interest and avoids unnecessary liability.

Fiscal Impact

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The total increase to the contracts is $900,000. Sufficient funding was added to the FY 2022/23 budget with the mid-year adjustment to support the contract amendments.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or designee to execute:

1. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Karen Cervantes v.

John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538;

2. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Matthew Brown v.

John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2025900;

CIVDSB2025375;

4. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Jackie Aboud v.

John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2013562;

5. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for the representation in the Mirna Cisneros v.

John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926;

6. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Sedna Moseley v. City of San Bernardino, et al., San Bernardino Superior Court Case No.

CIVDS2022209;

7. Fourth Amendment to the Professional Services Agreement with Lynberg and Watkins for the representation in the Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2003802.

Attachments
Attachment 1 Exhibit A – Original and Amended Agreements Attachment 2 Exhibit B – New Amended Agreements
Ward:

All Wards

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Synopsis of Previous Council Actions:

August 17, 2022 The Mayor and City Council authorized the City Manager to execute a Professional Services Agreement with Lynberg and Watkins for representation in the Gary Saenz et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No.

CIVDS2003802.

March 16, 2022 The Mayor and City Council authorized the City Manager to execute a Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Sedna Moseley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209.

May 5, 2021 The Mayor and City Council authorized the City Manager to execute the First Amendment with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Karen Cervantes v.

John Valdivia, et al., San Bernardino Superior Court Case No.

CIVDS2012538.

May 5, 2021 The Mayor and City Council authorized the City Manager to execute the First Amendment with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Matthew Brown v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVDS2025900.

May 5, 2021 The Mayor and City Council authorized the City Manager to execute the First Amendment with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Don Smith v. John Valdivia, City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDSB202537.

May 5, 2021 The Mayor and City Council authorized the City Manager to execute the First Amendment with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Jackie Aboud v.

John Valdivia, et al., San Bernardino Superior Court Case No.

CIVDS2013562.

May 5, 2021 The Mayor and City Council authorized the City Manager to execute the First Amendment with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Mirna Cisneros v. John

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Valdivia, et al., San Bernardino Superior Court Case No.

CIVDS2012926.

July 15, 2020 The Mayor and City Council authorized the City Manager to execute the Second Amendment with Lynberg and Watkins for the representation in the Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No.

CIVDS2003802.

February 26, 2020 The Mayor and City Council authorized the City Manager to execute the First Amendment with Lynberg and Watkins for the representation in the Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No.

CIVDS2003802.

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03/11/2020

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EXHIBIT B

SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO

This Second Amendment (“Second Amendment”) to the P rofessional Services Agreement dated April 19, 2023 is made and entered into by and between the City of San Bernardino (“City”) and Atkinson, Andelson, Loya, R uud & Romo (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:

a. On August 28, 2020, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to J ackie Aboud v. John Valdivia, et al., San Bernardino Superior Co. Case No. CIVDS 201 3562 (“Original Agreement”).

b. On May 05, 2021, the City and Consultant entered in to a First Amendment to the Professional Services Agreement (First Amendment).

2. The Original Agreement is hereby amended to increas e the total not to exceed amount from $175,000 to $325,000.

3. Except as modified by this Second Amendment, all pr ovisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This Second Amendment may be executed in counterpar ts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2023 ATKINSON, ANDELSON, LOYA, RUU D & ROMO

By: Irma Rodriguez Moisa,
Its: Partner

Dated: _____, 2023 CITY OF SAN BERNARDINO

By: Charles McNeely
Its: City Manager

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SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO

1. This Amendment is made with respect to the following facts and purposes:

a. On January 27, 2021, the City and Consultant entere d into a Services Agreement for the provision of legal services pertaining to M atthew Brown v. John Valdivia, et al., San Bernardino Superior Co. Case No. CIVDS 2025900 (“Original Agreement”).

b. On May 05, 2021, the City and Consultant entered in to a First Amendment to the Professional Services Agreement (First Amendment).

2. The Original Agreement is hereby amended to increas e the total not to exceed amount from $150,000 to $300,000.

3. Except as modified by this Second Amendment, all pr ovisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This Second Amendment may be executed in counterpar ts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2023 ATKINSON, ANDELSON, LOYA, RUU D & ROMO

By: Irma Rodriguez Moisa,
Its: Partner

Dated: _____, 2023 CITY OF SAN BERNARDINO

By: Charles McNeely
Its: City Manager

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SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO

1. This Amendment is made with respect to the following facts and purposes:

a. On August 28, 2020, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to K aren Cervantes v. John Valdivia, et al., San Bernardino Superior Co. Case No. CIVDS 2012538 (“Original Agreement”).

b. On May 05, 2021, the City and Consultant entered in to a First Amendment to the Professional Services Agreement (First Amendment).

2. The Original Agreement is hereby amended to increas e the total not to exceed amount from $200,000 to $350,000.

3. Except as modified by this Second Amendment, all pr ovisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This Second Amendment may be executed in counterpar ts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2023 ATKINSON, ANDELSON, LOYA, RUU D & ROMO

By: Irma Rodriguez Moisa,
Its: Partner

Dated: _____, 2023 CITY OF SAN BERNARDINO

By: Charles McNeely
Its: City Manager

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SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO

1. This Amendment is made with respect to the following facts and purposes:

a. On August 28, 2020, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to M irna Cisneros v. John Valdivia, et al., San Bernardino Superior Co. Case No. CIVDS 2012926 (“Original Agreement”).

b. On May 05, 2021, the City and Consultant entered in to a First Amendment to the Professional Services Agreement (First Amendment).

2. The Original Agreement is hereby amended to increas e the total not to exceed amount from $250,000 to $450,000.

3. Except as modified by this Second Amendment, all pr ovisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This Second Amendment may be executed in counterpar ts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2023 ATKINSON, ANDELSON, LOYA, RUU D & ROMO

By: Irma Rodriguez Moisa,
Its: Partner

Dated: _____, 2023 CITY OF SAN BERNARDINO

By: Charles McNeely
Its: City Manager

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SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO

1. This Amendment is made with respect to the following facts and purposes:

a. On January 27, 2021, the City and Consultant entere d into a Services Agreement for the provision of legal services pertaining to Don Smith v. John Valdivia, et al., San Bernardino Superior Co. Case No. CIVDSB 2025375 (“Original Agreement”).

b. On May 05, 2021, the City and Consultant entered in to a First Amendment to the Professional Services Agreement (First Amendment).

2. The Original Agreement is hereby amended to increas e the total not to exceed amount from $150,000 to $300,000.

3. Except as modified by this Second Amendment, all pr ovisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This Second Amendment may be executed in counterpar ts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2023 ATKINSON, ANDELSON, LOYA, RUU D & ROMO

By: Irma Rodriguez Moisa,
Its: Partner

Dated: _____, 2023 CITY OF SAN BERNARDINO

By: Charles McNeely
Its: City Manager

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SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO

1. This Amendment is made with respect to the following facts and purposes:

a. On January 14, 2021, the City and Consultant entere d into a Services Agreement for the provision of legal services pertaining to S edna Moseley v. City of San Bernardino, et al., San Bernardino Superior Co. Cas e No. CIVDS 2022209 (“Original Agreement”).

b. On March 13 2022, the City and Consultant entered i nto a First Amendment to the Professional Services Agreement (First Amendment).

2. The Original Agreement is hereby amended to increas e the total not to exceed amount from $150,000 to $175,000.

3. Except as modified by this Second Amendment, all pr ovisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This Second Amendment may be executed in counterpar ts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2023 ATKINSON, ANDELSON, LOYA, RUU D & ROMO

By: Irma Rodriguez Moisa,
Its: Partner

Dated: _____, 2023 CITY OF SAN BERNARDINO

By: Charles McNeely
Its: City Manager

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FOURTH AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH LYNBERG & WATKINS

This Fourth Amendment (“Fourth Amendment”) to the P rofessional Services Agreement dated April 19, 2023 is made and entered into by an d between the City of San Bernardino (“City”) and Lynberg & Watkins (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:

a. On July 08, 2019, the City and Consultant entered i nto a Services Agreement for the provision of legal services pertaining to Gary Saenz, et al. v. City of San Bernardino, et al., San Bernardino Superior Co. Cas e No. CIVDS 20003802 (“Original Agreement”).

b. On February 26, 2020, the City and Consultant enter ed into a First Amendment to the Professional Services Agreement (First Amendment).

c. On July 15, 2020, the City and Consultant entered i nto a Second Amendment to the Professional Services Agreement (Second Amendment).

d. On August 17, 2022, the City and Consultant entered into the Third Amendment to the Professional Services Agreement (Third Amendment).

2. The Original Agreement is hereby amended to increas e the total not to exceed amount from $150,000 to $225,000.

3. Except as modified by this Fourth Amendment, all pr ovisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This Fourth Amendment may be executed in counterpar ts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2023 LYNBERG & WATKINS

By: S. Frank Harrell
Its: Partner

Dated: _____, 2023 CITY OF SAN BERNARDINO

By: Charles McNeely
Its: City Manager

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 19, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Darren L. Goodman, Chief of Police
Department: Police
Subject: Accept the BSCC Officer Wellness and Mental Health Grant (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-056 authorizing:

1. The City Manager to accept the Board of State and Community Corrections (BSCC) Officer Wellness Grant.

2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $172,010.25 in both revenue and expenditures.

Background
Assembly Bill 178 was passed in 2022 which authorized the State of California to allocate fifty million dollars to law enforcement agencies to invest in Officer Wellness Programs. The money was distributed to agencies based on the number of law enforcement officers that the agency employs. In February of 2023, the Police Department was awarded an allocation of $172,010.25 to help fund an Officer Wellness Program.

Discussion
San Bernardino Police Officers responded to more than 124,000 calls in 2022 to assist citizens during some of the most critical times in their lives. Officers commonly respond to calls that involve violence, the loss of life, or conflicts between parties. Consistent exposure to traumatic events has the potential to manifest in both physical and mental ailments amongst law enforcement officers. The BSCC Officer Wellness Grant is designed to help law enforcement agencies establish or expand on existing officer wellness programs. Funds from this grant must be used to support officer wellness efforts. The Department is exploring proven wellness options and will use the grant

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funding to enhance current wellness efforts to support both sworn and non-sworn employees’ mental and physical health.
2021-2025 Strategic Targets and Goals
The request to authorize the receipt, obligation, and expenditure of the BSCC Officer Wellness Grant aligns with Key Target No. 1c: Improved Operational & Financial Capacity - Implement, maintain, and update a fiscal accountability plan.

Fiscal Impact
The financial impact to the City is $172,010.25 in both revenues and expenditures in the FY2022/23 Adopted Budget. The City has already received the grant funding and there are no fund 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. 2023-056 authorizing:

1. The City Manager to accept the Board of State and Community Corrections (BSCC) Officer Wellness Grant.

2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget appropriating $172,010.25 in both revenue and expenditures.

Attachments
Attachment 1 – Resolution 2022-056
Attachment 2 – Grant Award Memo
Attachment 3 - Grant Distribution Schedule
Ward:

All Wards
Synopsis of Previous Council Actions:

None

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Resolution No. 2023-056
Resolution 2023-056
April 19, 2023

Page 1 of 3 ends

RESOLUTION NO. 2023-056

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT THE

BOARD OF STATE AND COMMUNITY CORRECTIONS

OFFICER WELLNESS GRANT AND AUTHORIZE THE

AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES
TO AMEND THE FY 2022/23 ADOPTED BUDGET
APPROPRIATING $172,010.25 IN BOTH REVENUE AND

EXPENDITURES
WHEREAS, the City of San Bernardino has been awarded the Board of State and Community Corrections Officer Wellness Grant in the amount of $172,010.25; and, WHEREAS,. The City will use grant funding to re-establish the Police Department’s Officer Wellness program.

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 accept the Board of State and Community Corrections Officer Wellness Grant in the amount of $172,010.25.

SECTION 3. The Agency Director of Administrative Services is hereby authorized to amend the FY 2022/23 Adopted Budget increasing revenue and expenditures by $172,010.25.

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.

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Resolution No. 2023-056
Resolution 2023-056
April 19, 2023

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0 0

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of April 2023.

Helen Tran, 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. 2023-056
Resolution 2023-056
April 19, 2023

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0 0

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. 2022-056, adopted at a regular meeting held on the 19 th day of April 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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DATE: December 21, 2022
TO: Police Chiefs and Sheriffs
FROM: Linda Penner, Chair
SUBJECT: OFFICER WELLNESS AND MENTAL HEALTH GRANT AWARD

I am pleased to let you know that the BSCC has begun processing the Officer Wellness and Mental Health grants, which were included in the Budget Act of 2022. All eligible law enforcement agencies will receive their payment by February 15, 2023. This memorandum provides further information about the purposes of the grant, and requests your assistance in identifying the person in your agency who will be responsible for required data reporting.

This disbursement is being made in accordance with Assembly Bill 178, Chapter 45, Statutes of 2022, Item 5227-121-0001. This funding is available to all city and county law enforcement agencies employing officers described in Section 830.1 of the Penal Code. The Officer Wellness grant is for the purpose of improving officer wellness and expanding mental health sources as follows:

1. Establishing officer wellness units or expanding existing officer wellness units.

2. Establishing peer support units or expanding peer support units.

3. Services provided by a licensed mental health professional, counselor, or other professional that works with law enforcement.

4. Expanding multiagency mutual aid programs focused on officer wellness and mental health.

5. Other programs or services that are evidence based or have a successful track record of enhancing officer wellness.

For further information about this funding and to identify the amount of funding allocated to your agency, please visit the Board of State and Community Corrections’ webpage for the Officer Wellness and Mental Health Grant available at https://www.bscc.ca.gov/officer-wellness-and-mental-health-grant-program/.

Provision 2 of the Budget Act requires each grant recipient to submit an expenditure report and a final impact report no later than December 1, 2025. Additionally, grant recipients will submit a brief annual expenditure report. Reports will be provided to the Commission on Peace Officer Standards and Training (POST). Detailed information regarding reporting requirements and reporting requirement webinars will be sent out in early 2023.

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Officer Wellness & Mental Health Grant Recipients

Page 2 ends

Please send the name and email address of the individual(s) within your agency who will be responsible for the implementation and reporting requirements for this grant to [email protected] by February 28, 2023 so they may receive additional information regarding detailed reporting requirements, webinars, and deadlines.

If you have any questions regarding this funding distribution, please email [email protected] and a BSCC staff member will respond.

Sincerely,

LINDA PENNER
Chair
Board of State & Community Corrections

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COUNTY AGENCY NAME AWARD AMOUNT
ALAMEDA COUNTY ALAMEDA CO SD/CORONER 709,103.49$
ALAMEDA COUNTY ALAMEDA PD 47,741.62$
ALAMEDA COUNTY ALBANY PD 20,000.00$
ALAMEDA COUNTY BAY AREA RAPID TRANSIT PD 145,331.11$
ALAMEDA COUNTY BERKELEY PD 106,014.48$
ALAMEDA COUNTY EAST BAY REG PARK DPS 37,912.46$
ALAMEDA COUNTY EMERYVILLE PD 28,000.00$
ALAMEDA COUNTY FREMONT PD 117,949.89$
ALAMEDA COUNTY HAYWARD PD 113,737.39$
ALAMEDA COUNTY LIVERMORE PD 63,187.44$
ALAMEDA COUNTY NEWARK PD 34,402.05$
ALAMEDA COUNTY OAKLAND PD 483,032.87$
ALAMEDA COUNTY PIEDMONT PD 15,000.00$
ALAMEDA COUNTY PLEASANTON PD 54,762.45$
ALAMEDA COUNTY SAN LEANDRO PD 49,847.87$
ALAMEDA COUNTY UNION CITY PD 47,039.54$
ALPINE COUNTY ALPINE CO SO 15,000.00$
AMADOR COUNTY AMADOR CO SO/CORONER 32,997.89$
AMADOR COUNTY IONE PD 15,000.00$
AMADOR COUNTY JACKSON PD 15,000.00$
AMADOR COUNTY SUTTER CREEK PD 15,000.00$
BUTTE COUNTY BUTTE CO SO/CORONER 122,162.38$
BUTTE COUNTY CHICO PD 65,293.69$
BUTTE COUNTY GRIDLEY PD 15,000.00$
BUTTE COUNTY OROVILLE PD 15,000.00$
BUTTE COUNTY PARADISE PD 15,000.00$
CALAVERAS COUNTY ANGELS CAMP PD 15,000.00$
CALAVERAS COUNTY CALAVERAS CO SD 40,018.71$
COLUSA COUNTY COLUSA COUNTY SD 25,000.00$
COLUSA COUNTY COLUSA PD 15,000.00$
COLUSA COUNTY WILLIAMS PD 15,000.00$
CONTRA COSTA COUNTY ANTIOCH PD 77,229.09$
CONTRA COSTA COUNTY BRENTWOOD PD 46,337.46$
CONTRA COSTA COUNTY CLAYTON PD 15,000.00$
CONTRA COSTA COUNTY CONCORD PD 93,376.99$
CONTRA COSTA COUNTY CONTRA COSTA CO SO/CORONER 435,993.33$ CONTRA COSTA COUNTY EL CERRITO PD 25,000.00$
CONTRA COSTA COUNTY HERCULES PD 20,000.00$
CONTRA COSTA COUNTY KENSINGTON PD 15,000.00$
CONTRA COSTA COUNTY MARTINEZ PD 28,000.00$
CONTRA COSTA COUNTY MORAGA PD 15,000.00$
CONTRA COSTA COUNTY OAKLEY PD 28,000.00$
CONTRA COSTA COUNTY PINOLE PD 20,000.00$
CONTRA COSTA COUNTY PITTSBURG PD 62,485.36$
CONTRA COSTA COUNTY PLEASANT HILL PD 30,891.64$
CONTRA COSTA COUNTY RICHMOND PD 83,547.84$
CONTRA COSTA COUNTY SAN PABLO PD 37,912.46$
CONTRA COSTA COUNTY SAN RAMON PD 46,337.46$
CONTRA COSTA COUNTY WALNUT CREEK PD 51,252.03$
Officer Wellness and Mental Health Grant Program
Funding Distribution Schedule
December 12, 2022 1

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COUNTY AGENCY NAME AWARD AMOUNT
DEL NORTE COUNTY CRESCENT CITY PD 15,000.00$
DEL NORTE COUNTY DEL NORTE COUNTY SO 15,000.00$
EL DORADO COUNTY EL DORADO CO SO 117,247.80$
EL DORADO COUNTY PLACERVILLE PD 15,000.00$
EL DORADO COUNTY SOUTH LAKE TAHOE PD 28,000.00$
FRESNO COUNTY CLOVIS PD 73,718.68$
FRESNO COUNTY COALINGA PD 15,000.00$
FRESNO COUNTY FIREBAUGH PD 15,000.00$
FRESNO COUNTY FOWLER PD 15,000.00$
FRESNO COUNTY FRESNO CO SO 288,555.97$
FRESNO COUNTY FRESNO PD 557,453.63$
FRESNO COUNTY HURON PD 15,000.00$
FRESNO COUNTY KERMAN PD 25,000.00$
FRESNO COUNTY KINGSBURG PD 20,000.00$
FRESNO COUNTY MENDOTA PD 15,000.00$
FRESNO COUNTY ORANGE COVE PD 15,000.00$
FRESNO COUNTY PARLIER PD 15,000.00$
FRESNO COUNTY REEDLEY PD 25,000.00$
FRESNO COUNTY SANGER PD 28,000.00$
FRESNO COUNTY SELMA PD 28,000.00$
GLENN COUNTY GLENN CO SO/CORONER 30,891.64$
GLENN COUNTY ORLAND PD 15,000.00$
HUMBOLDT COUNTY ARCATA PD 20,000.00$
HUMBOLDT COUNTY EUREKA PD 28,000.00$
HUMBOLDT COUNTY FERNDALE PD 15,000.00$
HUMBOLDT COUNTY FORTUNA PD 15,000.00$
HUMBOLDT COUNTY HUMBOLDT CO SO 128,481.13$
HUMBOLDT COUNTY RIO DELL PD 15,000.00$
IMPERIAL COUNTY BRAWLEY PD 20,000.00$
IMPERIAL COUNTY CALEXICO PD 20,000.00$
IMPERIAL COUNTY CALIPATRIA PD 15,000.00$
IMPERIAL COUNTY EL CENTRO PD 28,083.31$
IMPERIAL COUNTY IMPERIAL CO SO 63,187.44$
IMPERIAL COUNTY IMPERIAL PD 15,000.00$
IMPERIAL COUNTY WESTMORLAND PD 15,000.00$
INYO COUNTY BISHOP PD 15,000.00$
INYO COUNTY INYO COUNTY SO 28,000.00$
KERN COUNTY ARVIN PD 15,000.00$
KERN COUNTY BAKERSFIELD PD 305,405.96$
KERN COUNTY BEAR VALLEY PD 15,000.00$
KERN COUNTY CALIFORNIA CITY PD 15,000.00$
KERN COUNTY DELANO PD 33,699.97$
KERN COUNTY KERN COUNTY SO 501,989.10$
KERN COUNTY MCFARLAND PD 15,000.00$
KERN COUNTY RIDGECREST PD 25,000.00$
KERN COUNTY SHAFTER PD 25,000.00$
KERN COUNTY STALLION SPRINGS PD 15,000.00$
KERN COUNTY TAFT PD 15,000.00$
KERN COUNTY TEHACHAPI PD 15,000.00$
KINGS COUNTY AVENAL PD 15,000.00$
KINGS COUNTY CORCORAN PD 15,000.00$
KINGS COUNTY HANFORD PD 42,827.04$
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COUNTY AGENCY NAME AWARD AMOUNT
KINGS COUNTY KINGS CO SHERIFF'S OFFICE 136,204.04$
KINGS COUNTY LEMOORE PD 28,000.00$
LAKE COUNTY CLEARLAKE PD 20,000.00$
LAKE COUNTY LAKE CO SO 64,591.60$
LAKE COUNTY LAKEPORT PD 15,000.00$
LASSEN COUNTY LASSEN CO SO 38,614.55$
LASSEN COUNTY SUSANVILLE PD 15,000.00$
LOS ANGELES COUNTY ALHAMBRA PD 56,868.70$
LOS ANGELES COUNTY ARCADIA PD 45,635.37$
LOS ANGELES COUNTY AZUSA PD 36,508.30$
LOS ANGELES COUNTY BALDWIN PARK PD 40,720.79$
LOS ANGELES COUNTY BELL GARDENS PD 32,295.80$
LOS ANGELES COUNTY BELL PD 25,000.00$
LOS ANGELES COUNTY BEVERLY HILLS PD 94,781.16$
LOS ANGELES COUNTY BURBANK PD 103,908.23$
LOS ANGELES COUNTY CLAREMONT PD 28,000.00$
LOS ANGELES COUNTY COVINA PD 40,720.79$
LOS ANGELES COUNTY CULVER CITY PD 70,910.35$
LOS ANGELES COUNTY DOWNEY PD 80,037.42$
LOS ANGELES COUNTY EL MONTE PD 75,824.93$
LOS ANGELES COUNTY EL SEGUNDO PD 37,912.46$
LOS ANGELES COUNTY GARDENA PD 60,379.11$
LOS ANGELES COUNTY GLENDALE PD 162,883.18$
LOS ANGELES COUNTY GLENDORA PD 34,402.05$
LOS ANGELES COUNTY HAWTHORNE PD 64,591.60$
LOS ANGELES COUNTY HERMOSA BEACH PD 28,000.00$
LOS ANGELES COUNTY HUNTINGTON PARK PD 37,210.38$
LOS ANGELES COUNTY INGLEWOOD PD 120,056.14$
LOS ANGELES COUNTY IRWINDALE PD 25,000.00$
LOS ANGELES COUNTY LA VERNE PD 28,000.00$
LOS ANGELES COUNTY LONG BEACH PD 520,243.25$
LOS ANGELES COUNTY LOS ANGELES CO SD 6,548,325.00$
LOS ANGELES COUNTY LOS ANGELES PD 6,499,179.21$
LOS ANGELES COUNTY MANHATTAN BEACH PD 40,720.79$
LOS ANGELES COUNTY MONROVIA PD 32,295.80$
LOS ANGELES COUNTY MONTEBELLO PD 47,741.62$
LOS ANGELES COUNTY MONTEREY PARK PD 49,847.87$
LOS ANGELES COUNTY PALOS VERDES ESTATES PD 15,000.00$
LOS ANGELES COUNTY PASADENA PD 152,351.94$
LOS ANGELES COUNTY POMONA PD 105,312.40$
LOS ANGELES COUNTY REDONDO BEACH PD 63,187.44$
LOS ANGELES COUNTY SAN FERNANDO PD 25,000.00$
LOS ANGELES COUNTY SAN GABRIEL PD 32,997.89$
LOS ANGELES COUNTY SAN MARINO PD 25,000.00$
LOS ANGELES COUNTY SANTA MONICA PD 141,118.62$
LOS ANGELES COUNTY SIERRA MADRE PD 15,000.00$
LOS ANGELES COUNTY SIGNAL HILL PD 28,000.00$
LOS ANGELES COUNTY SOUTH GATE PD 51,954.12$
LOS ANGELES COUNTY SOUTH PASADENA PD 28,000.00$
LOS ANGELES COUNTY TORRANCE PD 141,820.70$
LOS ANGELES COUNTY VERNON PD 30,189.55$
LOS ANGELES COUNTY WEST COVINA PD 65,293.69$
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COUNTY AGENCY NAME AWARD AMOUNT
LOS ANGELES COUNTY WHITTIER PD 87,058.25$
MADERA COUNTY CHOWCHILLA PD 20,000.00$
MADERA COUNTY MADERA CO SO 75,122.84$
MADERA COUNTY MADERA PD 40,720.79$
MARIN COUNTY BELVEDERE PD 15,000.00$
MARIN COUNTY CENTRAL MARIN POLICE AUTHORITY 28,000.00$
MARIN COUNTY FAIRFAX PD 15,000.00$
MARIN COUNTY MARIN CO SO 132,693.62$
MARIN COUNTY MILL VALLEY PD 20,000.00$
MARIN COUNTY NOVATO PD 39,316.63$
MARIN COUNTY ROSS PD 15,000.00$
MARIN COUNTY SAN RAFAEL PD 44,933.29$
MARIN COUNTY SAUSALITO PD 15,000.00$
MARIN COUNTY TIBURON PD 15,000.00$
MARIPOSA COUNTY MARIPOSA CO SO 44,231.21$
MENDOCINO COUNTY FORT BRAGG PD 15,000.00$
MENDOCINO COUNTY MENDOCINO CO SO 75,824.93$
MENDOCINO COUNTY UKIAH PD 20,000.00$
MENDOCINO COUNTY WILLITS PD 15,000.00$
MERCED COUNTY ATWATER PD 20,000.00$
MERCED COUNTY DOS PALOS PD 15,000.00$
MERCED COUNTY GUSTINE PD 15,000.00$
MERCED COUNTY LIVINGSTON PD 15,000.00$
MERCED COUNTY LOS BANOS PD 30,189.55$
MERCED COUNTY MERCED CO SO 84,249.92$
MERCED COUNTY MERCED PD 65,995.77$
MODOC COUNTY ALTURAS PD 15,000.00$
MODOC COUNTY MODOC CO SO 15,000.00$
MONO COUNTY MAMMOTH LAKES PD 15,000.00$
MONO COUNTY MONO CO SD 20,000.00$
MONTEREY COUNTY CARMEL PD 15,000.00$
MONTEREY COUNTY DEL REY OAKS PD 15,000.00$
MONTEREY COUNTY GONZALES PD 15,000.00$
MONTEREY COUNTY GREENFIELD PD 20,000.00$
MONTEREY COUNTY KING CITY PD 15,000.00$
MONTEREY COUNTY MARINA PD 25,000.00$
MONTEREY COUNTY MONTEREY CO SHERIFF'S OFFICE 196,583.15$ MONTEREY COUNTY MONTEREY PD 32,997.89$
MONTEREY COUNTY PACIFIC GROVE PD 20,000.00$
MONTEREY COUNTY SALINAS PD 96,887.41$
MONTEREY COUNTY SAND CITY PD 15,000.00$
MONTEREY COUNTY SEASIDE PD 25,000.00$
MONTEREY COUNTY SOLEDAD PD 15,000.00$
NAPA COUNTY CALISTOGA PD 15,000.00$
NAPA COUNTY NAPA CO SO 72,314.51$
NAPA COUNTY NAPA PD 44,933.29$
NAPA COUNTY SAINT HELENA PD 15,000.00$
NEVADA COUNTY GRASS VALLEY PD 25,000.00$
NEVADA COUNTY NEVADA CITY PD 15,000.00$
NEVADA COUNTY NEVADA CO SO 42,827.04$
NEVADA COUNTY TRUCKEE PD 20,000.00$
ORANGE COUNTY ANAHEIM PD 260,472.67$
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COUNTY AGENCY NAME AWARD AMOUNT
ORANGE COUNTY BREA PD 41,422.88$
ORANGE COUNTY BUENA PARK PD 58,272.86$
ORANGE COUNTY COSTA MESA PD 93,376.99$
ORANGE COUNTY CYPRESS PD 37,210.38$
ORANGE COUNTY FOUNTAIN VALLEY PD 42,827.04$
ORANGE COUNTY FULLERTON PD 79,335.34$
ORANGE COUNTY GARDEN GROVE PD 122,162.38$
ORANGE COUNTY HUNTINGTON BEACH PD 148,841.52$
ORANGE COUNTY IRVINE PD 160,776.93$
ORANGE COUNTY LA HABRA PD 50,549.95$
ORANGE COUNTY LA PALMA PD 20,000.00$
ORANGE COUNTY LAGUNA BEACH PD 34,402.05$
ORANGE COUNTY LOS ALAMITOS PD 15,000.00$
ORANGE COUNTY NEWPORT BEACH PD 94,079.08$
ORANGE COUNTY ORANGE CO SD/CORONER 1,285,513.36$
ORANGE COUNTY ORANGE PD 102,504.07$
ORANGE COUNTY PLACENTIA PD 32,295.80$
ORANGE COUNTY SANTA ANA PD 246,431.01$
ORANGE COUNTY SEAL BEACH PD 28,000.00$
ORANGE COUNTY TUSTIN PD 65,293.69$
ORANGE COUNTY WESTMINSTER PD 57,570.78$
PLACER COUNTY AUBURN PD 15,000.00$
PLACER COUNTY LINCOLN PD 25,000.00$
PLACER COUNTY PLACER COUNTY SO 176,222.75$
PLACER COUNTY ROCKLIN PD 41,422.88$
PLACER COUNTY ROSEVILLE PD 89,866.58$
PLUMAS COUNTY PLUMAS CO SO 25,000.00$
RIVERSIDE COUNTY BANNING PD 28,000.00$
RIVERSIDE COUNTY BEAUMONT PD 35,104.13$
RIVERSIDE COUNTY BLYTHE PD 20,000.00$
RIVERSIDE COUNTY CATHEDRAL CITY PD 34,402.05$
RIVERSIDE COUNTY CORONA PD 104,610.32$
RIVERSIDE COUNTY DESERT HOT SPRINGS PD 25,000.00$
RIVERSIDE COUNTY HEMET PD 48,443.70$
RIVERSIDE COUNTY INDIO PD 44,933.29$
RIVERSIDE COUNTY MENIFEE PD 53,358.28$
RIVERSIDE COUNTY MURRIETA PD 70,910.35$
RIVERSIDE COUNTY PALM SPRINGS PD 68,804.10$
RIVERSIDE COUNTY RIVERSIDE CO SD 1,951,087.72$
RIVERSIDE COUNTY RIVERSIDE PD 245,026.85$
SACRAMENTO COUNTY AMTRAK PD 25,000.00$
SACRAMENTO COUNTY CITRUS HEIGHTS PD 54,762.45$
SACRAMENTO COUNTY ELK GROVE PD 89,866.58$
SACRAMENTO COUNTY FOLSOM PD 51,252.03$
SACRAMENTO COUNTY GALT PD 28,000.00$
SACRAMENTO COUNTY SACRAMENTO CO SD 902,176.22$
SACRAMENTO COUNTY SACRAMENTO PD 480,926.62$
SAN BENITO COUNTY HOLLISTER PD 28,000.00$
SAN BENITO COUNTY SAN BENITO CO SO 37,912.46$
SAN BERNARDINO COUNTY BARSTOW PD 28,000.00$
SAN BERNARDINO COUNTY CHINO PD 77,931.18$
SAN BERNARDINO COUNTY COLTON PD 37,210.38$
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COUNTY AGENCY NAME AWARD AMOUNT
SAN BERNARDINO COUNTY FONTANA PD 136,204.04$
SAN BERNARDINO COUNTY MONTCLAIR PD 32,295.80$
SAN BERNARDINO COUNTY ONTARIO PD 193,072.73$
SAN BERNARDINO COUNTY REDLANDS PD 55,464.53$
SAN BERNARDINO COUNTY RIALTO PD 78,633.26$
SAN BERNARDINO COUNTY SAN BERNARDINO CO SD 1,347,296.63$ SAN BERNARDINO COUNTY SAN BERNARDINO PD 172,010.25$
SAN BERNARDINO COUNTY UPLAND PD 45,635.37$
SAN DIEGO COUNTY CARLSBAD PD 84,952.00$
SAN DIEGO COUNTY CHULA VISTA PD 163,585.26$
SAN DIEGO COUNTY CORONADO PD 30,891.64$
SAN DIEGO COUNTY EL CAJON PD 82,845.75$
SAN DIEGO COUNTY ESCONDIDO PD 94,781.16$
SAN DIEGO COUNTY LA MESA PD 42,124.96$
SAN DIEGO COUNTY NATIONAL CITY PD 58,272.86$
SAN DIEGO COUNTY OCEANSIDE PD 142,522.78$
SAN DIEGO COUNTY SAN DIEGO CO SD 1,809,969.10$
SAN DIEGO COUNTY SAN DIEGO PD 1,263,046.71$
SAN FRANCISCO COUNTY SAN FRANCISCO CO SO 536,391.15$
SAN FRANCISCO COUNTY SAN FRANCISCO PD 1,407,675.74$
SAN JOAQUIN COUNTY ESCALON PD 15,000.00$
SAN JOAQUIN COUNTY LODI PD 47,741.62$
SAN JOAQUIN COUNTY MANTECA PD 51,252.03$
SAN JOAQUIN COUNTY RIPON PD 20,000.00$
SAN JOAQUIN COUNTY SAN JOAQUIN CO SO 223,262.29$
SAN JOAQUIN COUNTY STOCKTON PD 275,918.49$
SAN JOAQUIN COUNTY TRACY PD 73,718.68$
SAN LUIS OBISPO COUNTY ARROYO GRANDE PD 20,000.00$
SAN LUIS OBISPO COUNTY ATASCADERO PD 25,000.00$
SAN LUIS OBISPO COUNTY GROVER BEACH PD 20,000.00$
SAN LUIS OBISPO COUNTY MORRO BAY PD 15,000.00$
SAN LUIS OBISPO COUNTY PASO ROBLES PD 28,000.00$
SAN LUIS OBISPO COUNTY PISMO BEACH PD 20,000.00$
SAN LUIS OBISPO COUNTY SAN LUIS OBISPO CO SO 216,943.54$ SAN LUIS OBISPO COUNTY SAN LUIS OBISPO PD 42,124.96$
SAN MATEO COUNTY ATHERTON PD 20,000.00$
SAN MATEO COUNTY BELMONT PD 25,000.00$
SAN MATEO COUNTY BRISBANE PD 15,000.00$
SAN MATEO COUNTY BROADMOOR PD 15,000.00$
SAN MATEO COUNTY BURLINGAME PD 28,000.00$
SAN MATEO COUNTY COLMA PD 15,000.00$
SAN MATEO COUNTY DALY CITY PD 63,889.52$
SAN MATEO COUNTY EAST PALO ALTO PD 25,000.00$
SAN MATEO COUNTY FOSTER CITY PD 28,000.00$
SAN MATEO COUNTY HILLSBOROUGH PD 25,000.00$
SAN MATEO COUNTY MENLO PARK PD 28,785.39$
SAN MATEO COUNTY PACIFICA PD 25,000.00$
SAN MATEO COUNTY REDWOOD CITY PD 56,166.61$
SAN MATEO COUNTY SAN BRUNO PD 31,593.72$
SAN MATEO COUNTY SAN MATEO CO SHERIFF'S OFFICE 202,199.81$ SAN MATEO COUNTY SAN MATEO PD 75,122.84$
SAN MATEO COUNTY SOUTH SAN FRANCISCO PD 53,358.28$
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295

COUNTY AGENCY NAME AWARD AMOUNT
SANTA BARBARA COUNTY GUADALUPE PD 15,000.00$
SANTA BARBARA COUNTY LOMPOC PD 28,785.39$
SANTA BARBARA COUNTY SANTA BARBARA CO SO 348,233.00$
SANTA BARBARA COUNTY SANTA BARBARA PD 82,143.67$
SANTA BARBARA COUNTY SANTA MARIA PD 83,547.84$
SANTA CLARA COUNTY CAMPBELL PD 30,189.55$
SANTA CLARA COUNTY GILROY PD 43,529.13$
SANTA CLARA COUNTY LOS ALTOS PD 28,000.00$
SANTA CLARA COUNTY LOS GATOS PD 28,000.00$
SANTA CLARA COUNTY MILPITAS PD 60,379.11$
SANTA CLARA COUNTY MORGAN HILL PD 28,000.00$
SANTA CLARA COUNTY MOUNTAIN VIEW PD 57,570.78$
SANTA CLARA COUNTY PALO ALTO PD 47,741.62$
SANTA CLARA COUNTY SAN JOSE PD 758,951.36$
SANTA CLARA COUNTY SANTA CLARA CO SO 841,095.03$
SANTA CLARA COUNTY SANTA CLARA PD 98,291.57$
SANTA CLARA COUNTY SUNNYVALE DPS 139,012.37$
SANTA CRUZ COUNTY CAPITOLA PD 20,000.00$
SANTA CRUZ COUNTY SANTA CRUZ CO SO 101,801.99$
SANTA CRUZ COUNTY SANTA CRUZ PD 50,549.95$
SANTA CRUZ COUNTY SCOTTS VALLEY PD 15,000.00$
SANTA CRUZ COUNTY WATSONVILLE PD 47,039.54$
SHASTA COUNTY ANDERSON PD 15,000.00$
SHASTA COUNTY REDDING PD 72,314.51$
SHASTA COUNTY SHASTA CO SO 82,845.75$
SIERRA COUNTY SIERRA CO SHERIFF'S OFFICE 15,000.00$
SISKIYOU COUNTY ETNA PD 15,000.00$
SISKIYOU COUNTY LAKE SHASTINA DISTRICT PD 15,000.00$
SISKIYOU COUNTY MOUNT SHASTA PD 15,000.00$
SISKIYOU COUNTY SISKIYOU CO SD 45,635.37$
SISKIYOU COUNTY TULELAKE PD 15,000.00$
SISKIYOU COUNTY WEED PD 15,000.00$
SISKIYOU COUNTY YREKA PD 15,000.00$
SOLANO COUNTY BENICIA PD 28,000.00$
SOLANO COUNTY DIXON PD 20,000.00$
SOLANO COUNTY FAIRFIELD PD 82,143.67$
SOLANO COUNTY SOLANO CO SO 120,056.14$
SOLANO COUNTY SUISUN CITY PD 20,000.00$
SOLANO COUNTY VACAVILLE PD 70,208.27$
SOLANO COUNTY VALLEJO PD 61,783.27$
SONOMA COUNTY CLOVERDALE PD 15,000.00$
SONOMA COUNTY COTATI PD 15,000.00$
SONOMA COUNTY HEALDSBURG PD 15,000.00$
SONOMA COUNTY PETALUMA PD 46,337.46$
SONOMA COUNTY ROHNERT PARK DPS 51,252.03$
SONOMA COUNTY SANTA ROSA PD 117,247.80$
SONOMA COUNTY SEBASTOPOL PD 15,000.00$
SONOMA COUNTY SONOMA CO SHERIFF'S OFFICE 287,151.81$
STANISLAUS COUNTY CERES DPS 32,997.89$
STANISLAUS COUNTY MODESTO PD 127,779.04$
STANISLAUS COUNTY NEWMAN PD 15,000.00$
STANISLAUS COUNTY OAKDALE PD 20,000.00$
December 12, 2022 7

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COUNTY AGENCY NAME AWARD AMOUNT
STANISLAUS COUNTY STANISLAUS CO SD 369,997.56$
STANISLAUS COUNTY TURLOCK PD 57,570.78$
SUTTER COUNTY SUTTER CO SO 70,910.35$
SUTTER COUNTY YUBA CITY PD 41,422.88$
TEHEMA COUNTY CORNING PD 15,000.00$
TEHEMA COUNTY RED BLUFF PD 20,000.00$
TEHEMA COUNTY TEHAMA CO SO 47,039.54$
TRINITY COUNTY TRINITY COUNTY SO 28,000.00$
TULARE COUNTY DINUBA PD 28,000.00$
TULARE COUNTY EXETER PD 15,000.00$
TULARE COUNTY FARMERSVILLE PD 15,000.00$
TULARE COUNTY LINDSAY DPS 15,000.00$
TULARE COUNTY PORTERVILLE PD 46,337.46$
TULARE COUNTY TULARE CO SO 358,062.16$
TULARE COUNTY TULARE PD 46,337.46$
TULARE COUNTY VISALIA PD 102,504.07$
TULARE COUNTY WOODLAKE PD 15,000.00$
TUOLUMNE COUNTY SONORA PD 15,000.00$
TUOLUMNE COUNTY TUOLUMNE CO SO 65,293.69$
VENTURA COUNTY OXNARD PD 152,351.94$
VENTURA COUNTY PORT HUENEME PD 20,000.00$
VENTURA COUNTY SANTA PAULA PD 25,000.00$
VENTURA COUNTY SIMI VALLEY PD 77,229.09$
VENTURA COUNTY VENTURA CO SO 503,393.27$
VENTURA COUNTY VENTURA PD 95,483.24$
YOLO COUNTY DAVIS PD 39,316.63$
YOLO COUNTY WEST SACRAMENTO PD 47,741.62$
YOLO COUNTY WINTERS PD 15,000.00$
YOLO COUNTY WOODLAND PD 47,039.54$
YOLO COUNTY YOLO CO SHERIFF'S OFFICE 54,060.37$
YUBA COUNTY MARYSVILLE PD 15,000.00$
YUBA COUNTY WHEATLAND PD 15,000.00$
YUBA COUNTY YUBA CO SD 73,016.60$
December 12, 2022 8

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: April 19, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
By: Suzie Soren, Director of Human Resources
Department: Human Resources
Subject: City Manager Executive Recruitment Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or his designee to execute a Professional Services Agreement with Gallagher Benefit Services, Inc., (Koff & Associates) for the executive recruitment services for the position of City Manager.

Background
In keeping with the City’s standard purchasing procedures, on December 29, 2022, staff issued a Request for Proposal (RFP #F-23-21) for executive recruitment services for a City Manager. Using the City’s procurement system, Planet Bids, 384 executive firms were invited to submit proposals by January 25, 2023.

Discussion
Following the release of the RFP, seven (7) proposals were received and presented to the Mayor and City Council in closed session on April 5, 2023. Staff evaluated the firms on a number of areas and presented the evaluation to the Mayor and Council including the following details on each firm:
•Information about the team assigned to the recruitment, •Experience in executive recruitments,
•Previous city manager, deputy city manager, or equivalent position recruitments, •The size of cities for which they recruited city managers, deputy city managers or equivalent positions,
•Experience in California, and
•Previous work with the City of San Bernardino, if any.

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During an additional Special Closed Session meeting held on Monday, April 10, 2023, the Mayor and City Council interviewed the top two firms and directed staff to bring forward an agreement with Gallagher Benefit Services (Koff & Associates) to conduct the executive recruitment for the City Manager.

Frank Rojas has been identified by Koff & Associates as the Project Manager for the recruitment and may not be removed without the City’s consent. The consultant will provide the Mayor and City Council regular updates on the recruitment process. 2021-2025 Strategic Targets and Goals
The selection of an executive recruitment firm to manage the City’s search for a new City Manager aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community, by selecting a City Manager that will build a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
The fiscal impact associated with entering into the professional services agreement for executive recruitment services with Gallagher Benefit Services (Koff & Associates) will be $28,500.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or his designee to execute a Professional Services Agreement with Gallagher Benefit Services, Inc., (Koff & Associates) for the executive recruitment services for the position of City Manager.

Attachments
Attachment 1 Professional Services Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A

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5 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND GALLAGHER BENEFIT SERVICES, INC.

This Agreement is made and entered into as of April 20, 2023 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Gallagher Benefit Services, Inc. a Delaware Corporation with its principal place of business at 2850 Golf Road, Rolling Meadows, IL 60008 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

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

Executive recruitment for the position of City Manager (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

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

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5 Consultant under this Agreement exceed the sum of $28,500. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

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

City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.

Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing.

6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”).

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

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

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances

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5 include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

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

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

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and

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5 any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability

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5 coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.

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5 d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage

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

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5 (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by

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5 Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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5 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all 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).

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

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

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the

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5 event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

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

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

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

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

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

27. Organization. Consultant shall assign Frank Rojas as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

CITY:

City of San Bernardino
CONSULTANT:

Gallagher Benefit Services, Inc.

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5 Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Director of Human Resources
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
2835 Seventh Street
Berkley, California 94710
Attn: Frank Rojas, Recruitment Manager

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

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

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

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

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

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or

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5 event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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

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

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

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

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

43. 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 [SIGNATURES ON FOLLOWING PAGE]

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5 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND GALLAGHER BENEFIT SERVICES, INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Charles McNeely
Interim City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Gallagher Benefit Services, INC.

Georg S. Krammer, Managing Director

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5 EXHIBIT A
STATEMENT OF WORK AND CONSULTANT’S DUTIES AND RESPONSIBILITIES:

Phase 1: Develop Candidate Profile and Recruitment Strategy for the executive recruitment of City Manager.

Phase 2: A recruitment process tailored to fit the specific needs of the City, with targeted advertising, combined with contacts with qualified individuals from CONSULTANT’S database.

Consultant commits to provide the Mayor and City Council with regular updates on the status of the recruitment effort, including at every Council meeting, if desired.

Phase 3: Selection process as determined by CITY.

PAYMENT SCHEDULE:

CONSULTANT’S fees for such services shall be based upon the following fixed fee and costs schedule:

Professional Services Full Recruitment $28,500
Total Not to Exceed Amount $28,500
Travel. Charges for time during travel are not reimbursable billing.

Each month’s bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project.

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: April 19, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Ratify Memorandum of Understanding for Temporary License between the City of San Bernardino and the
San Bernardino City Unified School District (Ward 2)
Recommendation:

Background
In late February 2023, City staff was notified that the existing vehicular bridge on Cross Street around 1367 Cross Street was damaged due to a fire incident. After initial site assessment, staff determined that there was fire damage on the wooden piles under the bridge structure. Subsequently, staff reached out to the City’s approved on-call structural engineering firms to solicit proposals for structural bridge assessment.

The City’s on-call structural engineering firm, IMEG, visited the site on March 9, 2023, to observe existing structural conditions of the bridge. Following its field review, the structural engineer recommended to condemn the bridge due to the fire damage. The City condemned the bridge on March 9, 2023, and the bridge was closed to traffic, both vehicular and pedestrian.

The subject bridge is located over the flood control channel, and it serves as the only access point to a residential neighborhood. The condemnation of the bridge due to the fire incident eliminated the only means of access (including emergency service access) to the subject neighborhood, which posed an emergency condition. Due to emergency conditions, staff assessed available options and determined that the open field within the northeast part of the adjacent school property, Fairfax Elementary School, may be

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utilized to provide a temporary means of access from E 17th Street to N Fairfax Drive.

This temporary access road would provide means of access by connecting N Fairfax Drive to E 17th Street through the school property. With the cooperation of the San Bernardino City Unified School District, pedestrian access was given immediately upon closure of the bridge. In order to obtain access, the City and the School District agreed to Memorandum of Understanding (MOU) for Temporary Access (Attachment 1).

On March 10, 2023, staff met with Fairfax Elementary School representatives to discuss the proposed temporary access road through the school property to connect from E 17th Street to N Fairfax Drive. At this meeting with the school representatives, due to emergency conditions, a temporary asphalt concrete access roadway was agreed to be paved through the school property connecting N Fairfax Drive connecting to E 17th Street.

Discussion
Memorandum of Understanding (MOU)
The MOU, which was executed by the Interim Manager on behalf of the City, required the City to fulfil the following terms.

1.Improvements- City shall improve the Temporary Access Area, at its sole cost and expense, with grading, gravel and such other improvements in order to construct and install the Access Road. Such other improvements shall include the installation of fencing in order to prevent access to the Property other than the Temporary Access Area.

2.Maintenance- City shall be responsible, at its sole cost and expense, for the maintenance and repair of the Access Road. City shall also employ and utilize prudent dust control measures, signage and other actions to keep and maintain the Access Road in good condition and to prevent City’s use of the Access Road from becoming a nuisance to SBUSD, SBUSD’s tenants or invitees.

3.Condition of Property- Upon expiration of this MOU, City shall restore the Temporary Access Area to the condition, as near as practicable, that existed prior to City’s activities. Additionally, upon expiration of this MOU, City shall have no other or further obligation, liability or duty in connection with the Property or to SBUSD except any liability conditions addressed in Section 5 below that may have arisen during City’s use of the Temporary Access Area.

4.Security- City shall, at its own cost and expense, provide security services until fencing is installed within the Temporary Access Area.

On March 10, 2023, in compliance with City of San Bernardino Municipal Code, Section

3.04.070 Emergency Purchases provisions, City staff expeditiously coordinated with a public works contractor, Onyx Paving Company (Onyx), and directed the contractor to mobilize on site to remove the barriers (walls, chain link fence) and pave temporary asphalt concrete roadway within the school property connecting N Fairfax Drive connecting to E 17th Street. Onyx is the contractor of record on the City’s 7 Street Segment Pavement Rehabilitation Project. Under the same emergency provisions, the

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City contracted Redwood Private Security (Redwood) from the time of the closure to Sunday, March 12, 2023, to ensure the security of the school since the school no longer had a fence to secure their site. Once the fence was installed, Redwood was relieved of their duty. These two actions satisfied term 1 and 4. Term 2 will be on-going until the site condition is returned to its original condition. Once returned to its original condition, this will satisfy Term 3.

The temporary access roadway was opened to public traffic by end of March 10, 2023, to respond to the emergency conditions. Days after initial access was provided, Onyx and the City staff work to further improve and enhance the temporary road to ensure the safety of motorists, pedestrians, and Fairfax Elementary School. Throughout the process, staff provided updates to City staff, Administration, the Mayor and City Council, and the San Bernardino City Unified School District.

Proposed Plan to Address Bridge
The Cross Street bridge is located over the flood control channel, and it served as the only vehicular access point to a residential neighborhood of around 70 residences. The condemnation of the bridge due to recent fire incident eliminated the only means of access (including emergency service access) to the subject neighborhood, which posed an emergency condition. Due to emergency conditions, staff assessed available options and determined that the open field within the northeast part of the adjacent school property, Fairfax Elementary School, may be utilized as to provide temporary means of access from E 17th Street to N Fairfax Drive. This temporary access road would provide means of access to the subject neighborhood through N Fairfax Drive connecting to E 17th Street through the school property.

The temporary access roadway was opened to public traffic by end of March 10, 2023, to respond to the emergency conditions. The temporary access to the subject neighborhood was provided by end of March 10th. Further necessary construction improvements to this temporary roadway within school site has been addressed by Onyx Paving Company under Emergency Purchases procedures in compliance with City Municipal Code Section 3.04.070, and cost has been tracked on forced account.

The required additional improvements included installation of k-rail and chain link fence for school safety, additional vehicular signage, speed humps and solar powered site lighting. As part of the established cost accounting procedures, actual cost for labor, material and equipment has been tracked for all necessary emergency improvements and staff will further present this cost to Council to ratify the necessary emergency construction cost with Onyx Paving Company.

While staff coordinated with Fairfax Elementary School representatives a temporary means of access to provide access to the subject neighborhood, staff further coordinated with the structural engineering firm, IMEG, and assessed available options to provide permanent means of access to the subject neighborhood. As part of the review, staff determined that there was a second bridge north of N Fairfax Drive

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providing a secondary means of vehicular and pedestrian access to the subject neighborhood. This secondary bridge was demolished decades ago.

IMEG reviewed the site conditions and presented a two-phase approach to provide permanent access to the subject neighborhood. The two-phase approach is presented as follows:

Phase 1 – Cross Street Bridge Structural Review and Rehabilitation:

This is the 1 st phase of the proposed work. As part of this phase, IMEG will perform structural load calculations on the existing Cross Street bridge and determine structural reinforcement requirements to open the bridge to traffic. Following the necessary assessment, if it is determined that it is feasible to reinforce existing bridge to carry vehicular traffic, this option would include preparation of construction documents to reinforce the existing bridge. As part of this phase, IMEG will provide civil, structural, geotechnical and surveying work and will prepare construction plans and specifications for the proposed rehabilitation of existing Cross Street bridge. The proposed work on the existing bridge involves construction of a new substructure under the existing bridge to carry vehicle loads.

The Phase 1 Improvements would take approximately 4-6 months to open the existing bridge to vehicular traffic. The anticipated cost for this option including construction cost, contingency and soft costs is anticipated to be in the range of $750,000.

Staff coordinated with IMEG and developed a design services scope for Phase 1 Improvements. The cost for design services is $88,750. In compliance with the City‘s purchasing guidelines, the Interim City Manager authorized the proposed scope of work. Staff issued Notice to Proceed to IMEG to proceed with necessary design services.

In order to minimize further inconvenience to Fairfax Elementary School and restore the school site to its original condition staff is working diligently to complete the design documents. Staff intends to return the City Council at a later date to receive authorization for construction.

Phase 2 - Fairfax Drive New Bridge Construction:

The 2 nd phase includes coordination, planning, permitting and design for a new vehicular bridge by north of N Fairfax Drive. This second bridge would provide a secondary means of access to the subject neighborhood. Due to flood channel surrounding the subject neighborhood, it is ideal to have auxiliary access to this neighborhood in the event of any temporary closure on Cross Street bridge in the future to avoid any access issues to the neighborhood.

This phase would include preparation of engineering documents for a new bridge construction including necessary permitting with regulatory agencies, environmental coordination and design of construction documents. The anticipated construction cost for this option including contingency and soft costs is anticipated to be in the range of

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$1.5M. This option would take approximately 2 years to complete construction of the proposed new bridge.

Staff requests Council’s authorization to issue Request for Proposals for Design Services for Fairfax Drive Bridge Construction – Phase 2 Improvements. Staff will return to Council to award Design Services Agreement and establish project budget for Phase 2.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Strategic Target and Goal No. 2b: Focused, Aligned Leadership and Unified Community - This will assist the City with establishing multiagency partnerships and restructure governmental relationships to meet shared goals while appropriately utilizing public school spaces for educational and community purposes
Fiscal Impact
As indicated in the discussion section, the actions taken by staff were consistent with Municipal Code, Section 3.04.070 Emergency Purchases provisions. Staff will return to the Mayor and City Council with a full accounting of the costs associated with providing the temporary access road to the affected community.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify the Memorandum of Understanding for the Temporary License between the City of San Bernardino and the San Bernardino City Unified School District for use of property on Fairfax Elementary School.

Attachments
Attachment 1 – Memorandum of Understanding for the Temporary License.

Ward:

Second Ward
Synopsis of Previous Council Actions:

None

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MEMORANDUM OF UNDERSTANDING

BETWEEN

THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT

AND THE CITY OF SAN BERNARDINO

This Memorandum of Understanding (“MOU”) is entered into as of this 10 day of March, 2023 by and between the San Bernardino City Unified School District, a California school district (“SBCUSD”); and the City of San Bernardino, a municipal corporation and charter city (“City”). SBC USD and City may be individually referred to as “Party” and collectively as the “Parties”.

RECITALS
A. SBCUSD owns that certain real property described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”).

B. City has recently conducted an inspection of the bridge on Cross Street which connects Conejo Drive and N Fairfax Drive and has determined that bridge must be replaced.

C. The bridge replacement will result in a loss of road access for residents of Cross Street and North Fairfax Drive.

D. City desires to obtain temporary access, as defined below, across the Property for the purpose of providing alternate access for residents of Cross Street and North Fairfax Drive during construction of a new channel bridge (“Project”).

NOW THEREFORE, FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

TERMS

1. Recitals. The Recitals states above are incorporated into and made part of this MOU for all purposes.

2. Gr ant of Temporary License SBC USD hereby grants to City , its invitees, guests and contractors, a temporary and non- exclusive license for ingress and egress , construction and maintenance of an access road (“Access Road”) upon, over, and across the Property (“Temporary Access Area”) as described in Exhibit “A”, attached hereto and incorporated herein by this reference. Notwithstanding anything to the contrary above, SBCUSD, its invitees, guests and tenants, may make any use of the Temporary Access Area and Access Road.

3. O bligations of City .
a. Improvements. City shall improve the Temporary Access Area, at its sole cost and expense, with grading, gravel and such other improvements in order to construct and install the Access Road. Such other improvements shall include t he DocuSign Envelope ID: 38B6BB0E-DC91-4BD9-A897-50D3F93072C7

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installation of fencing in order to prevent access to the Property other than the Temporary Access Area.
b. Maintenance. City shall be responsible, at its sole cost and expense, for the maintenance and repair of the Access Road . City shall also employ and utilize prudent dust control measures, signage and other actions to keep and maintain the Access Road in good condition and to prevent City ’s use of the Access Road from becoming a nuisance to SBCUSD, SBCUSD’s tenants or invitees. c. C
ondition of Property. Upon expiration of this MOU, City shall restore the Temporary Access Area to the condition, as near as practicable, that existed prior to City’s activities. Additionally, upon expiration of this MOU, City shall have no other or further obligation, liability or duty in connection with the Property or to SBCUSD except any liability conditions addressed in Section 5 below that may have arisen during City’s use of the Temporary Access Area.

d. Security. City shall, at its own cost and expense, provide security services until fencing is installed within the Temporary Access Area.

4. Term. This MOU shall go into effect upon the Effective Date and shall remain in effect until an alternative access arrangement is entered into or construction on the new bridge is completed.

5. Indemnity Each Party (“Indemnifying Party”) shall defend, indemnify and hold every other Party (each an “Indemnified Party”), and their officials , officers, employees, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses (including legal fees), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death (the “Claims”), arising out of or in connection with the Indemnifying Party’s performance and obligations under this MOU , except that the Indemnified Party shall not be responsible for any such Claim arising out of Indemnified Party’s sole negligence or willful misconduct.

6. E
ntire MOU. This MOU is the result of negotiations between the Parties.

This MOU is intended by the Parties as a full and final expression of their understanding with respect to the matters contained in this MOU.

7. A uthority to Enter MOU . City warrants that the undersigned is authorized to execute this MOU on behalf of City. SB CUSD warrants that it is the owner of the Property and that the undersigned is authorized to execute this MOU on behalf of SBCUSD.

8. A mendment; Modification. No supplement, modification, or amendment of this MOU shall be binding unless executed in writing and signed by both Parties.

9. A ttorneys’ Fees, Governing Law, Venue. In the event of a dispute between the Parties with respect to the terms or conditions of this MOU, the prevailing Party shall be entitled to collect from the other its reasonable attorneys’ fees as established by the DocuSign Envelope ID: 38B6BB0E-DC91-4BD9-A897-50D3F93072C7

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judge or arbitrator presiding over such dispute. This MOU shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

10. Counterparts. This MOU may be executed in any number of counterparts each of which shall he deemed an original, but all of which together shall constitute one and the same instrument.

11. S everability . If any term of this MOU is held by any court of competent jurisdiction to contravene, or to be invalid under, the laws of any political body having jurisdiction over this subject matter, that contravention or invalidity shall not invalidate the entire MOU. Instead, this MOU shall be construed as reformed to the extent necessary to render valid the particular provision or provisions held to be invalid, consistent with the original intent of that provision and the rights and obligations of the parties shall be construed and enforced accordingly, and this MOU shall remain in full force and effect as reformed.
[SIGNATURES ON FOLLOWING PAGE]

DocuSign Envelope ID: 38B6BB0E-DC91-4BD9-A897-50D3F93072C7

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SIGNATURE PAGE TO

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT

AND THE CITY OF SAN BERNARDINO

IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be duly executed as of the date first written above
SBCUSD:

SAN BERNARDINO CITY UNIFIED

SCHOOL DISTRICT

By:

Mohammad Islam
Interim Associate Superintendent

CITY:

CITY OF SAN BERNARDINO

By:

Charles McNeely,
Interim City Manager

DocuSign Envelope ID: 38B6BB0E-DC91-4BD9-A897-50D3F93072C7

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EXHIBIT “A”

DESCRIPTION OF PROPERTY AND

TEMPORARY ACCESS AREA

DocuSign Envelope ID: 38B6BB0E-DC91-4BD9-A897-50D3F93072C7

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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: April 19, 2023
To: Honorable Mayor and City Council Members
From: Ben Reynoso, Council Member, 5th Ward
Department: Council Office
Subject: Consider Removal of Oxbow Cement Pile (Ward 5) – Council Member Reynoso

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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: April 19, 2023
To: Honorable Mayor and City Council Members
From: Damon L. Alexander, Council Member, 7th Ward
Department: Council Office
Subject: Volunteers and Interns for Elected Officials (All Wards) – Council Member Alexander

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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: April 19, 2023
To: Honorable Mayor and City Council Members
From: Juan Figueroa, Council Member, 3rd Ward - Mayor Pro Tempore
Department: Council Office
Subject: Mechanisms to require developers to maintain their properties in a nuisance-free condition following
receipt of entitlements/approvals including, for
example, requiring fencing of sites and requiring
demolition of structures within a certain period of
time following approval. (All Wards) – Council
Member Figueroa

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Mayor and City CouncilApril 19, 2023

Mayor and City Council
April 19, 2023