Agenda packet — Mayor and City Council, June 7, 2023 (part 1 of 2)

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, JUNE 07, 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. 12
A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):

i) Jose Garibo, individually v. City of San Bernardino, et al., United States District Court Case No. 5:22cv00935SSS(SHKx)

ii) Michael Pacewiczh v. City of San Bernardino, Workers’ Compensation Case Nos.

ADJ13363900; ADJ2371411; ADJ1672800; and ADJ11174282
B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager

7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PRESENTATIONS

1. Proclamation of the for Lesbian, Gay, Bisexual, Transgender, Queer+ (LGBTQ+) Pride Month in the City of San Bernardino – June 2023 (All Wards) p. 13

2. Proclamation for Fatherhood Awareness Month in the City of San Bernardino – June 2023 (All Wards) p. 15

3. Proclamation of National Law Enforcement Week in the City of San Bernardino – June 12th–16th 2023 (All Wards) p.17

4. Presentation of California Parks and Recreation Society, Community Champion Award to Youth Sports program volunteer Konstance Murrell. p.19

Mayor and City Council of the City of San Bernardino Page 3

APPOINTMENTS

5. Water Board Reappointment of Thomas M. Brickley p. 20

6. Charter Review Appointment of Leticia O. Briggs (Mayor’s Appointment) p. 29

7. Downtown Advisory Committee Appointment of Reginald L. Woods (Mayor’s Appointment) p.37

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CITY MANAGER UPDATE

CONSENT CALENDAR

8. Resolution Accepting the California Energy Commission Automated Permit Processing Program Grant Award p.51
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2023077 :

1. Accepting grant award funds in the amount of $100,000 from the California Energy Commission – California Automated Permit Processing Program for establishing an online, automated solar permitting platform; and

2. Authorizing the City Manager to conduct all negotiations, signing, and submittals of all necessary documents to receive the grant award; and

3. Authorizing the Agency Director of Administrative Services to amend the FY2022/23 operating budget to appropriate $100,000 in grant funding to both revenues and expenditures.

9. Approval of Amendment No. 1 to Professional Services Agreement for Accounting Consultant Services with Annie Clark (All Wards) p.72
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 1 to Professional Services Agreement with Annie Clark for accounting consultation services extending the agreement to June 30, 2024.

10. City Board, Commission, and Citizen Advisory Committee Minutes Approved in March/April 2023 p. 95
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 committ ee meetings approved in March and April 2023.

11. Approval of Commercial and Payroll Disbursements (All Wards) p. 147 Recommendation:

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

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

12. Annual Renewal of the City’s Risk Management and Property Insurance Policies for FY 2023/24 (All Wards) p. 198
Recommendation:

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

1. Approve the annual renewal of the City’s property insurance, excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and

2. Authorize the City Manager to execute all related documentation.

13. Amendment No. 1 to Agreement with IDS Group, Inc. (Wards 4,7) p. 209 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 1 to Professional Services Agreement with IDS Group, Inc., for the design of the Newmark Ball Field and Speicher Multipurpose Field Lighting, extending the agreement until May 17, 2024.

14. Amendment No. 1 to Professional Services Agreements for OnCall PreQualified Engineering Services to 23 Firms and Amendment No 2. Professional Services Agreements for OnCall PreQualified Engineering Services to 1 Firm (All Wards) p. 282 Recommendation:

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

Approve Amendment No. 1 to Professional Services Agreements (PSA) for OnCall Pre Qualified Engineering Services to 23 Firms; and Amendment No. 2 to Professional Services Agreements (PSA) for OnCall PreQualified Engineering Services to 1 Firm.

DISCUSSION

15. City Clerk’s Office System Implementation Updates p. 310 Recommendation:

Receive and file an update on implementing the Public Records Request Management System (PRRMS) through NextRequest, and Municipal Code Web Hosting and Codification through American Legal Publishing.

16. Discussion on Tenant Protection Options to Protect City Residents Facing Housing Instability. p. 335
Recommendation:

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

1. Adopt Resolution 2023078 Approving a Legal Aid Tenant Protection Pilot Program, and

2. Provide Staff Direction to Continue or Discontinue Further Studies Needed to Develop and Implement a Residential Rent Stabilization Ordinance and Rent Registry

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

17. American Rescue Plan ActFunded Entrepreneurial Development Services and Resource Center p. 361
Recommendation:

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

1. Approve a reallocation of $1,000,000.00 of American Rescue Plan Act (“ARPA”) funds from the Small Business Education and Training Resources allocation to the Entrepreneurial Development Services and Resource Center (the “ERC,” also known as the Aspen Institute Initiative) for a total of $2,000,000 allocated to the ERC.

2. Authorize the Interim City Manager, or designee, to take necessary steps to implement and administer the agreement including executing an agreement or Memorandum of Understanding (“MOU”) with the Inland Empire Center for Entrepreneurship in an amount not to exceed $1,873,700.00 through December 31, 2026, and signing subsequent, necessary, and related document s to implement the MOU.

PUBLIC HEARING

18. Appeal 2301 of Conditional Use Permit 2118 and Public Convenience or Necessity Letter 2107 (Ward 1) p. 400
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023060 denying Appeal 2301 thereby upholding the Planning Commission’s denial of Conditional Use Permit 2118 and Public Convenience or Necessity Letter 2107 not allowing the development, establishment, and operation of a market with a new Alcohol Beverage Control Type 21(OffSale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres located at 1820 W. 5th Street (APN: 013808119) within the Commercial General (CG1) zone (Attachment 1).

19. Appeal 2302 for Conditional Use Permit 2213 and Minor Exception 2204 (Ward 6) p. 454 Recommendation:

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

1. Adopt Resolution No. 2023061, denying Appeal 2302 thereby upholding Planning Commission’s denial of Conditional Use Permit 2213 and Minor Exception 2204 to allow the development, establishment, and operation of a selfstorage facility comprised of two (2) multistory buildings containing a total of approximately 109,000 square feet, and a ten (10) percent increase in the building height from thirty (30) feet to thirtythree (33) feet located at 1534 W. Highland Avenue (APN(s): 014817404, 10, 11, 15 through 18), within the Commercial General (CG1) zone (Attachment 1);

2. Adopt Resolution No. 2023079 of the Mayor and City Council of the City of San Bernardino, California, granting Appeal 2302 of the Planning Commission’s denial, thereby approving Conditional Use Permit 2212 and Minor Exception 2204 to allow the development, establishment, and operation of a selfstorage facility comprised of two (2) multistory buildings containing a total of approximately 109,000 square feet, and a ten (10) percent increase in the building height from thirty (30) feet to thirty (33) feet located at 1534 W. Highland Avenue (APN(s): 014817404, 10, 11, 15 through 18), within the Commercial General (CG1) zone; and finding the project subject to a Categorical Exemption under the California Environmental Quality Act (Attachment 7).

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

20. Presentation of the Proposed Fiscal Year 202324 Operating Budget and Capital Improvement Plan (All Wards) p. 613
Recommendation:

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

1. Conduct the Public Hearing on the proposed Fiscal Year 202324 Operating Budget and Capital Improvement Plan;

2. Receive and file the proposed budget for Fiscal Year 202324 Operating and Capital Improvement Plan presentation and provide direction to staff.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

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 June 21, 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 June 7, 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 Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, June 2, 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 7

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 8

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 t he 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 9

ALTERNATE MEETING VIEWING METHOD:

If there are issues with the main live stream for the Mayor and City Council, you may view the alternate stream on TV3.

https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/?channel=6

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 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)

Submit a request to speak by 4:00 p.m. to https://tinyurl.com/mccpubliccomments or email [email protected]. Please indicate whether you are speaking on an item on the agenda (identify the item number) or providing a general comment.

Please use identifying information when submitting your request to speak such as a name or last four digits of your phone number so that staff can call on you.

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

For the Regular Meeting please log on no later than 15 minutes after the meeting start time.

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

Mayor and City Council of the City of San Bernardino Page 10

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

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. 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://sbcityorg.zoom.us/j/6778459453?pwd=WHduYlU3clJxRklxTFJ2M2xtUlZhZz09 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 whether you are speaking remotely or in person you have an opportunity to speak until the Public Hearing has been closed.

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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney; Charles E. McNeely, Interim City Manager
Department: City Attorney and City Manager
Subject: Closed Session
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i) Jose Garibo, individually v. City of San Bernardino, et al., United States District Court Case No. 5:22-cv-00935SSS(SHKx)
ii) Michael Pacewiczh v. City of San Bernardino, Workers’ Compensation Case Nos.

ADJ13363900; ADJ2371411; ADJ1672800; and ADJ11174282

B) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
City Manager

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2 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation of the for Lesbian, Gay, Bisexual, Transgender, Queer+ (LGBTQ+) Pride Month in the City
of San Bernardino – June 2023 (All Wards)

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13 PROCLAMATION OF

THE MAYOR & CITY COUNCIL
PROCLAIMING JUNE 2023, AS

LESBIAN, GAY, BISEXUAL,
TRANGENDER, QUEER+ (LGBTQ+)

PRIDE MONTH
WHEREAS, the City of San Bernardino recognizes and proclaims the month of June 2023 as "Lesbian, Gay, Bisexual, Transgender, Queer+ (LGBTQ+) Pride Month"; and
WHEREAS, in honor of the 1969 Stonewall Uprising in Manhattan and the subsequent first Pride march in New York City in June 1970, each June, Americans come together to celebrate LGBTQ+ people; and
WHEREAS, the City of San Bernardino has a diverse LGBTQ+ community and is committed to supporting visibility, dignity, and equity for all people in the community; and
WHEREAS, the City of San Bernardino observes June as a time to celebrate our dynamic LGBTQ+ community, raise awareness of quality services, and foster a dialogue to promote healthy, safe, and prosperous school climates and communities for all; and
WHEREAS, LGBTQ+ people make vital contributions to and enhance the social and economic fabric of San Bernardino in the fields of education, law, health, business, science, research, economic development, architecture, fashion, sports, government, music, film, technology, literature, civil rights, politics, and more; and WHEREAS, because of the acts of courage of the millions who came out and spoke out to demand justice, and of those who quietly toiled and pushed for progress, our country has made great strides in recognizing what these brave individuals long knew to be true in their hearts - that no person should be judged by anything but the content of their character.

NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and City Council of the City of San Bernardino recognizes June as “Lesbian, Gay, Bisexual, Transgender, Queer+ (LGBTQ+) Pride Month” in the City of San Bernardino to inspire equity, create alliances, celebrate diversity, and establish safe environments in our schools and communities throughout the City.

Presented this 7TH day of June 2023

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14 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Fatherhood Awareness Month in the City of San Bernardino – June 2023 (All Wards)

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15 PROCLAMATION OF

THE MAYOR & CITY COUNCIL
PROCLAIMING JUNE 2023, AS

FATHERHOOD AWARENESS MONTH

IN THE CITY OF SAN BERNARDINO
WHEREAS, San Bernardino Fatherhood’s mission is to enhance the engagement of fathers by promoting a culture of father inclusion and responsible fatherhood in communities; and
WHEREAS, research shows that when fathers are engaged and positively involved, children perform better in school, and exhibit healthier social and emotional behaviors; and
WHEREAS, when fathers are engaged and positively involved, children are less vulnerable to the risks of childhood poverty, mental illness, juvenile delinquency, teen pregnancy, child abuse and neglect, substance abuse; and WHEREAS, when fathers are engaged and positively involved it increases the likelihood of children succeeding as adults in their careers, employment goals, and having involved parenting skills for their future families; and WHEREAS, San Bernardino Fatherhood is committed to providing educational services, resources and advocacy that will build a culture of responsible fathers for the well-being of children, families and communities; and
WHEREAS, the City of San Bernardino, California commends San Bernardino Fatherhood for its work and contributions in promoting a culture of father inclusion and responsible fatherhood and supports its continued success:

NOW THEREFORE BE IT RESOLVED THAT the Mayor of the City of San Bernardino, do hereby designate the month of June 2023 as FATHERHOOD AWARENESS MONTH to raise awareness to the residences of the City of San Bernardino regarding the importance of fathers’ positive involvement in the lives of their children, families, and communities.

Presented this 7TH day of June 2023

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16 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation of National Law Enforcement Week in the City of San Bernardino – June 12th–16th 2023 (All
Wards)

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17 PROCLAMATION OF

THE MAYOR & CITY COUNCIL
PROCLAIMING JUNE 12th–16th 2023, AS

NATIONAL LAW ENFORCEMENT WEEK

IN THE CITY OF SAN BERNARDINO
WHEREAS, the San Bernardino Area Chamber of Commerce will celebrate the Forty Fourth Annual Law Enforcement Recognition Dinner on June 15, 2023; and WHEREAS, officers from the San Bernardino City Police Department, the San Bernardino County Sheriff’s Department, the California State Highway Patrol, the San Bernardino City Unified School District Police, California State University San Bernardino Police Department, the San Bernardino Community College District Police Department and the San Bernardino County District Attorney’s Office will be honored; and
WHEREAS, the security of our community depends upon dedicated Law Enforcement officers; and
WHEREAS, the business community relies on men and women in Law Enforcement to maintain a safe environment wherein business transactions may take place; and
WHEREAS, the San Bernardino Area Chamber of Commerce wishes to recognize those men and women who have dedicated their professional lives to make San Bernardino a safe environment in which to live and work.

THEREFORE, BE IT RESOLVEDTHAT the Mayor and City of San Bernardino, do hereby proclaim the week of June 12th-16th, 2023 as “NATIONAL LAW ENFORCEMENT WEEK” and we urge all citizens to give support to the San Bernardino Area Chamber of Commerce in recognition of professional Law Enforcement Officers who are serving our community as we recognize the substantial contributions they make to protecting our national health, safety, and quality of life.

Presented this 7TH day of June 2023

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8 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks, Recreation & Community Services
Subject: Presentation of California Parks and Recreation Society, Community Champion Award to Youth Sports
program volunteer Konstance Murrell.

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19 APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Water Board Reappointment of Thomas M. Brickley Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Thomas M. Brickley to the Water Board with a six-year term of office ending in May 2029. Council Office staff have verified the appointee is a registered voter within the City.

Background
The Water Board was established under Charter Section 603 and is responsible for the oversight and management of the City’s water supply, recycled water, wastewater collection and treatment; employing such persons as may be needed for the proper administration of the City’s water and wastewater systems; setting and collecting water and wastewater rates, fees and charges; allocating all receipts and expenditures to separate, independent, water and sewer funds in accordance with State law; providing for an annual, independent audit of all water and wastewater accounts; compensating members of the Water Board; collaborating with the Mayor, City Council, and the City Manager on matters concerning the City’s water and wastewater systems; and establishing and periodically reviewing and revising such rules and regulations as may be appropriate for managing the City’s water and wastewater systems.

The Water Board is comprised of five (5) members appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of the Charter. The term of service for this reappointment will be a six-year term ending on the second Monday in May.

2021-2025 Strategic Targets and Goals
The proposed appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

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20 Fiscal Impact
No fiscal impact to the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Thomas M. Brickley to the Water Board with a six-year term of office ending in May 2029.

Attachments

1. Attachment 1 – Commission Application – Thomas M. Brickley

2. Attachment 2 – Charter Section 603
Ward:

All Wards

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26 FORMER CITY CHARTER SECTION 160

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27 CURRENT CITY CHARTER SECTION 603

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28 APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Charter Review Appointment of Leticia O. Briggs (Mayor’s Appointment)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Leticia O. Briggs to the Charter Review Committee representing the Mayor’s appointment. Leticia O. Briggs will replace Sean Kelley with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Background
The Charter Review Committee was established by Resolution No. 2017-243 on December 20, 2017 and is tasked with completing a periodic review of the City Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government.

The committee is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one (1) member who shall serve during and for the term of the nominating Council member, and the Mayor shall appoint two (2) members. In accordance with the City Charter and the City's Municipal Code, appointees must be either a resident of the City of San Bernardino, or a non-resident business or property owner. Appointees should be able to clearly articulate the community perspective and/or the area of the City in which they live or conduct business.

2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2 Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

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29 Fiscal Impact
No fiscal impact to City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Leticia O. Briggs to the Charter Review Committee representing the Mayor’s appointment. Leticia O. Briggs will replace Sean Kelley with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Attachments
Attachment 1 – Commission application – Leticia O. Briggs Attachment 2 – Resolution No. 2017-243
Ward:

All Wards
Synopsis of Previous Council Actions:

December 20, 2017 Resolution No. 2017-243 establishing the Charter Review Committee was adopted.

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0 APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Downtown Advisory Committee Appointment of
Reginald L. Woods (Mayor’s Appointment)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Reginald L. Woods to the Downtown Advisory Committee representing the Mayor’s appointment with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Background
The Downtown Advisory Committee was established by Resolution No. 2021-88 on February 17, 2021.

The Downtown Advisory Committee (DAC) is an advisory committee established by the Mayor and City Council to advise City staff, participating in public outreach and community forums, and making recommendations to the Planning Commission and the Mayor and City Council on various components of the overall project. Meetings of the DAC will be open and public in accordance with the Brown Act.

The DAC is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Resolution No. 2021-88, the Mayor shall appoint two (2) members and each City Council member shall nominate one (1) member. In accordance with the City Charter and the City's Municipal Code, appointees must be either a resident of the City of San Bernardino, or a non-resident business or property owner. Appointees should be able to clearly articulate the community perspective and/or the area of the City in which they live or conduct business.

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0 2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 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 City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Reginald L. Woods to the Downtown Advisory Committee representing the Mayor’s appointment with the term ending December 2026. Council Staff has verified that appointee is a registered voter within the City.

Attachments
Attachment 1 - Committee application – Reginald L. Woods Attachment 2 - Resolution No. 2021-88
Attachment 3 - Ordinance MC-1552
Ward:

All Wards
Synopsis of Previous Council Actions:

February 17, 2021 Resolution No. 2021-88 establishing the Downtown Advisory Committee was adopted.

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5 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Mary Lainer, Interim Director of Community & Economic
Development
Department: City Manager's Office
Subject: Resolution Accepting the California Energy Commission - Automated Permit Processing Program Grant Award
Recommendation:

Adopt Resolution No. 2023-077 of the Mayor and City Council of the City of San Bernardino, California:

2. Authorizing the City Manager to conduct all negotiations, signing, and submittals of all necessary documents to receive the grant award; and

3. Authorizing the Agency Director of Administrative Services to amend the FY2022/23 operating budget to appropriate $100,000 in grant funding to both revenues and expenditures.

Background
Last year, California law makers passed The Solar Access Act (SB379) that requires cities and counties with more than 50,000 residents to adopt SolarAPP+, or equivalent online permitting platform, for standard residential solar and storage systems. Municipal governments are required to adopt an online permitting process by September 30, 2023. The California Energy Commission (CEC) received $20 million from the General Fund (Budget Act of 2021, SB129) to support a grant program for California municipal governments to establish online solar permitting. The grant funding is intended to defray software integration costs with awards up to $100,000

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5 based on population size, issued on a first come, first served basis, with an application deadline of May 1, 2023. City staff applied for these funds on April 11, 2023, and received final agreement documents for the grant funds on May 8, 2023.

Discussion
The City of San Bernardino was awarded the maximum funding amount of $100,000. The City will utilize the grant funds to implement the State approved platform SolarAPP+, a web-based portal, that automates project plan review, verifies code compliance with all applicable building, electrical, and other City codes, and quickly issuing permits in real time for residential solar projects. The project timeline proposed in the application to the CEC estimates that the City will fully adopt the solar permitting process by September 2023. Allowable expenditures for reimbursement are specific to the adoption and maintenance of the platform that includes essential hardware or equipment, staff labor costs, and ongoing staff training and education.

Implementing this automated system will improve the City’s customer service delivery by decreasing customer wait time. As the City grows to add automation, SolarApp+ works with the software platforms already in use by most local governments, making it easier for alignment with broader digital transformation. 2021-2025 Strategic Targets and Goals
This project is consistent with the Key Target No. 2: Focused, Aligned Leadership and Unified Community through expanded resources and technology, to continually improve organizational efficiency and effectiveness, and Key Target No. 3: Improved Quality of Life through prompt customer service.

Fiscal Impact
There is no fiscal impact to the General Fund for this project. The FY 2022/23 budget shall be amended to recognize $100,000 of grant funding in both revenues and expenditures.

Conclusion
Adopt Resolution No. 2023-077 of the Mayor and City Council of the City of San Bernardino, California:

2. Authorizing the City Manager to conduct all negotiations, signing, and submittals of all necessary documents to receive the grant award; and

3. Authorizing the Agency Director of Administrative Services to amend the FY2022/23 operating budget to appropriate $100,000 in grant funding to both revenues and expenditures.

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5 Attachments
Attachment 1 – Resolution No. 2023-077
Attachment 2 – CEC Agreement for Solar Permitting Platform Ward:

All Wards
Synopsis of Previous Council Actions:

None.

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53 Resolution No. 2023-077
Resolution 2023-077
June 7, 2023

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RESOLUTION NO. 2023-077

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT THE

AUTOMATED PERMIT PROCESSING PROGRAM GRANT

AWARD AND AUTHORIZING THE AGENCY DIRECTOR

OF ADMINISTRATIVE SERVICES TO AMEND THE FY
22/23 OPERATING BUDGET APPROPRIATING $100,000 IN
GRANT FUNDING.

WHEREAS, the City of San Bernardino has been awarded the California Automated Permit Processing Program Grant in the amount of $100,000; and WHEREAS, the City of San Bernardino will be establishing an online, automated solar permitting platform.

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

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

SECTION 2. The City Manager is hereby authorized to execute the grant agreement between the City of San Bernardino and the California Energy Commission for the California Automated Permit Processing Program Grant in the amount of $100,000.

SECTION 3.The Agency Director of Administrative Services is hereby authorized to amend the FY22/23 Operating Budget to appropriate the $100,000 in grant funding.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of June 2023.

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54 Resolution No. 2023-077
Resolution 2023-077
June 7, 2023

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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 2023-077
June 7, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-077, adopted at a regular meeting held on the 7 th day of June 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 ____________ 2023.

Genoveva Rocha, CMC, City Clerk

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56 STATE OF CALIFORNIA

GRANT AGREEMENT
CEC-146 (Revised 3/2019) CALIFORNIA ENERGY COMMISSION

RECIPIENT AGREEMENT NUMBER
City of San Bernardino APP-22-179

ADDRESS AGREEMENT TERM
290 North D Street, 3rd Floor
San Bernardino, CA 92401
04/11/2023 to 05/31/2027
The effective date of this Agreement is either the start date or the approval signature date by the California Energy Commission representative below, whichever is later. The California Energy Commission shall be the last party to sign. No work is authorized, nor shall any work begin, until on or after the effective date.

PROJECT DESCRIPTION
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.

Exhibit A – Application with Scope of Work Page(s): 4
Exhibit B – APP General Terms and Conditions Page(s): 5 Exhibit C – Contact List Page(s): 1

REIMBURSABLE AMOUNT
$ 100,000

MINIMUM MATCH SHARE REQUIRED
$ 0

TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$ 100,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.

CALIFORNIA ENERGY COMMISSION CONTRACTOR

AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE

NAME NAME
Adrienne Winuk

TITLE TITLE
Contracts, Grants, and Loans Office Manager

CALIFORNIA ENERGY COMMISSION ADDRESS
715 P Street, MS 18, Sacramento, CA 95814
Charles McNeely
Interim City Manager

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57 June 2022 Page 1 of 4 GFO-21-402
CalAPP Attachment 01
ATTACHMENT 01
Grant Application Form – EXHIBIT A
California Automated Permit Processing (CalAPP) Program

1. APPLICANT INFORMATION (REQUIRED)
Jurisdiction Name (please use full legal name as it would appear on the executed grant):

Jurisdiction Type (select one):

City County City and County
Current Estimated Population State of California Department of Finance Demographics (https://dof.ca.gov/forecasting/Demographics/):

Less than 50,000
From 50,000 to 99,999
From 100,000 to 200,000
Greater than 200,000
Project Manager
(serves as point
of contact for all
communications)
Name
Street Address
City and
Zip Code
Phone Number
E-Mail Address

2. FUNDING (REQUIRED)
Assigned Maximum Grant Amount (select one)
Group 1 ($40,000): Population less than 50,000
Group 2 ($60,000): Population from 50,000 to 99,999
Group 3 ($80,000): Population from 100,000 to 200,000
Group 4 ($100,000): Population greater than 200,000
City of San Bernardino
Mary Alvarez-Gomez
290 North D Street, 3rd Floor
San Bernardino 92401
(909) 384-5341
[email protected]
DocuSign Envelope ID: A44A67AB-2649-4BCF-ADD0-7CE0030B58FA

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CalAPP Attachment 01

3. PROJECT INFORMATION (REQUIRED)
A. Online, automated solar permitting platform to be adopted:

SolarAPP+
Other. If selected, complete Section 4 (“Additional Information”) B. Please select allowable budget item(s) anticipated to be used (Select at least one):

Ongoing in-house staff labor costs associated directly with adoption and maintenance of the platform
Ongoing third-party or consultant time associated directly with adoption and maintenance of the platform
Ongoing staff training and education, specific to the platform Ongoing training events for local installers, specific to the platform Essential hardware or equipment necessary to support adoption of the platform
Maintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform
C. Estimated Project Timeline*
*Enter actual dates if activities already began
Activity Date (Month/Year)
Begin Development/Pilot
Full Adoption
Staff Training
Training for Local Installers
June/2023
September/2023
August/2023
N/A
DocuSign Envelope ID: A44A67AB-2649-4BCF-ADD0-7CE0030B58FA

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CalAPP Attachment 01

4. ADDITIONAL INFORMATION (if applicable)
NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval.

Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based on user inputs (such as a contractor), thereby enabling or otherwise issuing permits instantly when the project is confirmed as code compliant, without the need for human review
Yes No
Supports online, immediate fee payment once an application is complete, which may include auto-invoicing of permit fee costs Yes No Supports immediate generation of a permit job card following payment confirmation Yes No
Blocks noncompliant applications from receiving a permit Yes No EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with current software and inspection platform already in use Yes No

5. REPORTING (REQUIRED)
Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy storage system including relevant characteristics of those systems, such as system capacity.

Please indicate your acceptance of these terms.

Yes No
DocuSign Envelope ID: A44A67AB-2649-4BCF-ADD0-7CE0030B58FA

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CalAPP Attachment 01

6. CERTIFICATION (REQUIRED)
• I am authorized to complete and sign this form on behalf of the applicant. • I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application. • I have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation.
• I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Authorized
Representative:

Title:

Phone Number:

E-mail Address:

Date:

Signature of
Authorized
Representative:

NOTE: Do not overlap signature with surrounding border lines.

Charles McNeely
Interim City Manager
(909) 384-5122
[email protected]
DocuSign Envelope ID: A44A67AB-2649-4BCF-ADD0-7CE0030B58FA 4/10/2023

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City of San Bernardino

Exhibit B
California Automated Permit Processing (CalAPP) Program Terms and Conditions

1. Background and Authority for this Grant

California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting.

2. Documents Incorporated by Reference and Priority

Incorporated by reference into this agreement are the following documents:

A. Grant Funding Opportunity (GFO) 21-402.

B. Recipient’s application to CalAPP.

As between the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict.

3. Budget, Invoices, and Payments

a) The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement’s budget; and (4) reasonable, actual, and allowable expenses under this Agreement.
b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller’s Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement.

The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet.

c) If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee’s name, hours worked, and billing rate to be included as a reimbursable expense.

d) Unallowable costs include:
• Software not related to the adoption of a qualifying online, automated permitting platform. • Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended.

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City of San Bernardino

• Typically excluded items such as food and beverages.
• Advertising costs.
• Fines and penalties.
• Permit processing fees charged by operator of an online platform. • All other costs not identified as allowable.
• Unreasonable amounts or rates.

4. Certification

By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CalAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement.

5. Nondiscrimination Statement of Compliance

During the performance of this Agreement, the Recipient and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.

The Recipient and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

The Recipient and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The Recipient and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.

The Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

6. Drug-Free Workplace Certification

By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions:

1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited, and specifying actions to be taken against employees for violations as required by Government Code Section 8355(a).

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City of San Bernardino

2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following:

• The dangers of drug abuse in the workplace;
• The person’s or organization’s policy of maintaining a drug-free workplace; • Any available counseling, rehabilitation, and employee assistance programs; and • Penalties that may be imposed upon employees for drug abuse violations.

3) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project:

• Will receive a copy of the company's drug-free policy statement; and • Will agree to abide by the terms of the company's statement as a condition of employment on the project.

In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

7. Americans With Disabilities Act

By signing this Agreement, the Recipient assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.

8. Accounting and Audit

The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Recipient agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 16.

Access to Sites and Records.

9. Public Works

The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing

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City of San Bernardino

wages, applying to its entire project. If the project is public works then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, Recipient certifies that it shall comply with all applicable Public Works laws and requirements.

10. Intellectual Property

As between the Recipient and the CEC, the Recipient owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable, irrevocable, royalty-free, worldwide, perpetual license to use, publish, translate, modify, and reproduce all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement.

11. Amendment

No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC.

12. Governing Law

This Agreement is governed by the laws of the State of California as to interpretation and performance.

13. Independent Capacity

In the performance of this Agreement, Recipient and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California.

14. Severability

If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.

15. Waiver

No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law.

16. Access to Sites and Records

The Recipient shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 8. Accounting and Audit.

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City of San Bernardino

17. Termination Without Cause

The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations.

18. Third-Party Beneficiary

The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third-party beneficiary to the agreement.

19. Survival of Terms

The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination:

• 8. Accounting and Audit
• 9. Public Works
• 10. Intellectual Property
• 12. Governing Law
• 14. Severability
• 15. Waiver
• 16. Access to Sites and Records
• 18. Third-Party Beneficiary

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CONTACT LIST
May 2023 Page 1 of 1 APP-22-179
City of San Bernardino
California Energy Commission Recipient
Commission Agreement Manager:

Lucio Hernandez
California Energy Commission
716 P Street, MS-45
Sacramento, CA 95814
Phone: (916) 477-1799
e-mail: [email protected]
Project Manager:

Mary Alvarez-Gomez
Grants Division Manager
290 N. D Street, 3rd Floor
San Bernardino, CA 92401
Phone: (909) 384-5341
e-mail: [email protected]
Confidential Deliverables/Products
California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street MS-18
Sacramento, CA 95814
Administrator:

Brian Hadley
Building Manager
201 North E Street, 3rd Floor
San Bernardino, CA 92401
Phone: (909) 384-7272, Ext. 5325
e-mail: [email protected]
Invoices, Progress Reports and Non-
Confidential Deliverables to:

California Energy Commission
Accounting Officer
715 P Street MS-2
Sacramento, CA 95814
Email PDF of Payment Request invoice
packet to: [email protected]
Accounting Officer:

Mary Alvarez-Gomez
Grants Division Manager
290 N. D Street, 3rd Floor
San Bernardino, CA 92401
Phone: (909) 384-5341
e-mail: [email protected]
Legal Notices:

Tatyana Yakshina
Grants Manager
715 P Street MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: [email protected]
Recipient Legal Notices:

Charles McNeely
Interim City Manager
290 N. D Street, 3rd Floor
San Bernardino, CA 92401
Phone: (909) 384-5122
e-mail: [email protected]
DocuSign Envelope ID: 2E9ABC15-0B4C-4CAF-B9E7-8B6C868765C7

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67 Certificate Of Completion
Envelope Id: FFE3BF572E8140D09F343916B76ABE94
Status: Delivered
Subject: Complete with DocuSign: APP-22-179 Final Distribution.pdf Source Envelope:

Document Pages: 11
Signatures: 0
Envelope Originator:

Certificate Pages: 4
Initials: 0
Marissa Sutton
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
11493 Sunset Hills Road Suite 100
Suite 100
Reston, VA 20190
[email protected]
IP Address: 134.186.116.120
Record Tracking
Status: Original
5/8/2023 3:36:38 PM
Holder: Marissa Sutton
[email protected]
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: Energy Resources Conservation and
Development Commission
Location: DocuSign
Signer Events
Signature
Timestamp
Brian Hadley
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 5/8/2023 3:37:53 PM
Viewed: 5/8/2023 3:42:42 PM
Electronic Record and Signature Disclosure:

Accepted: 5/8/2023 3:42:42 PM
ID: 4b2758c6-25fa-42a8-934a-f5ff5f0dda95
In Person Signer Events
Signature
Timestamp
Editor Delivery Events
Status
Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
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Timestamp
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Timestamp
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Hashed/Encrypted
5/8/2023 3:37:53 PM
Certified Delivered
Security Checked
5/8/2023 3:42:42 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure

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68 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Energy Resources Conservation and Development Commission (we, us or Company) may be required by law to provide to you certain written notices or disclosures.

Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 3/17/2020 2:24:13 PM Parties agreed to: Brian Hadley

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By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
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 Until or unless you notify Energy Resources Conservation and Development Commission as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Energy Resources Conservation and Development Commission during the course of your relationship with Energy Resources Conservation and Development Commission.

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3 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Mary Alvarez-Gomez, Grants Division Manager
Department: City Manager's Office
Subject: Approval of Amendment No. 1 to Professional
Services Agreement for Accounting Consultant
Services with Annie Clark (All Wards)
Recommendation:

Background
Ms. Clark has served the City of San Bernardino (“City”) since January of 2016 in a consulting capacity, providing support to the Housing Division of the Community, Housing, and Economic Development Department with a primary focus on fiscal administration of the Community Development Block Grant, Emergency Solutions Grant, Neighborhood Stabilization Programs, HOME Investment Partnerships Program and the Low/Mod Housing Fund. The Housing Division has regained fiscal stability with the assistance of Ms. Clark, and she has made excellent progress at clearing many of the audit findings noted by the auditors relative to various federal grant programs the City receives. Additionally, Ms. Clark supports other departments including Parks, Recreation, & Community services, the Police Department, and Public Works on behalf of the Finance Department. The City has a continuing need for Ms.

Clark’s assistance.

Discussion
Ms. Clark has been performing a variety of duties as an independent contractor for the Housing Division under her existing contract since January 2016. During that time, she has been instrumental in providing the crucial accounting assistance that has

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3 enabled the City to make substantial progress in organizing and bringing into alignment the fiscal administration of the Housing and Urban Development (HUD) related grant programs noted above while providing the required and necessary ongoing management. Ms. Clark is exceptionally qualified to assist in the accounting, reporting, and financial management of HUD-related funding sources, and support the other departments with grant-related accounting services. Her current contract will conclude on June 30, 2023.

The amendment to extend the contract is brought forth pursuant to Chapter 3.04, section 3.04.040 Approval Authority, that requires purchases over $100,000, may only be authorized by the Mayor and City Council. Amendment No. 1 increases the not-to- exceed amount by $91,200, bringing the total contract not-to-exceed amount to $275,600. Council approval will allow the Community, Housing, and Economic Development Department and Finance Department to continue utilizing her services and allow Ms. Clark to carry out succession training to staff to absorb the duties she currently performs under contract. Utilizing Ms. Clark’s expertise during the 2023-2024 fiscal year will result in continuity of the ongoing accounting work, with the audit clean- up of the grant programs, and provide training to staff.

2021-2025 Strategic Targets and Goals
The approval of Amendment No. 1 to Professional Service Agreement meets Strategic Target and Goal No. 1: Improved Operational and Financial Capacity. Retaining Ms.

Clark’s accounting consulting services will allow for continued effective management, financial tracking and reporting on grants received by the City.

Fiscal Impact
The total cost of Ms. Clark’s services from July 1, 2023 to June 30, 2024 will not exceed $91,200. Sufficient resources are budgeted in the 2023-24 fiscal year to fund the agreement; funding will be allocated 70% ($63,840) from CDBG funds and 30% ($27,360) from the City’s General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 1 to Professional Services Agreement with Annie Clark for accounting consultation services extending the agreement to June 30, 2024.

Attachments

1. Attachment 1 – San Bernardino – First Amendment PSA – Annie Clark

2. Attachment 2 – Fully Executed PSA Annie Clark
Ward:

All Wards

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3 Synopsis of Previous Council Actions:

March 10, 2017 The Mayor and City Council authorized a first amendment to the PSA with Ms. Clark in an amount not to exceed $84,000.

June 21, 2017 The Mayor and City Council authorized a second amendment to the PSA with Ms. Clark in an amount not to exceed $88,000.

June 6, 2018 The Mayor and City Council authorized a new PSA with Ms. Clark in an amount not to exceed $88,000.

July 1, 2019 The Mayor and City Council authorized a first amendment to the PSA with Ms. Clark in an amount not to exceed $88,000.

June 17, 2020 The Mayor and City Council authorized a second amendment to the PSA with Ms. Clark in an amount not to exceed $91,200.

April 7, 2021 The Mayor and City Council authorized a new two-year PSA with Ms. Clark in an amount not to exceed $184,400.

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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

WITH ANNIE CLARK
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of July 1, 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Annie Clark, a Sole Proprietor with a principal place of business at 31610 Sweetwater Circle, Temecula, California 92591 (“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 April 7, 2021, for the purpose of providing grant financial management and reporting services (the “Original Agreement”).

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

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

AGREEMENT

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

2. Services. Services, as that term is defined in the Original Agreement, shall be amended to include additional services, as more particularly described in Exhibit “A-1” to this Amendment No. 1

3. Term. The term of the Original Agreement shall be extended through June 30, 2024, unless earlier terminated.

4. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed Ninety-One Thousand Two Hundred Dollars ($91,200), thereby increasing the total not to exceed compensation of the Original Agreement to the amount of Two Hundred Seventy-Three Thousand Six Hundred Dollars ($273,600). Work shall be performed at the rates set forth in the Original Agreement.

5. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original 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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6. 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.

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

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

CITY OF SAN BERNARDINO
APPROVED BY:

Charles McNeely
Interim City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
ATTESTED BY:

Genoveva Rocha
CMC, City Clerk

ANNIE CLARK, CONSULTANT
Annie Clark, Grant Financial Management
Consultant

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EXHIBIT “A-1”

SCOPE OF SERVICES
JULY 1, 2023 to JUNE 30, 2024

1. Consultant shall assist the City of San Bernardino, under the direction of the Deputy Director of Housing and Homelessness, with the administration of the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), Neighborhood Stabilization Program (NSP 1 and NSP 3); and HOME Investment Partnerships Act (HOME) programs, and of the Low-Moderate Income Housing Fund.

2. Consultant shall be paid at the rate of $95.00 per hour for a total amount not to exceed Ninety-One Thousand Two Hundred Dollars ($91,200) per annum.

3. Unless otherwise agreed by the Parties, Consultant shall devote 70 percent of Consultant’s time in performing services to assist the City’s Community & Economic Development Department, and 30 percent assisting the City’s Finance Department.

4. Consultant shall provide 80 hours of succession training to City Staff identified by their respective departments and on a schedule that meets the needs of the City and Departments to effectively transfer the duties carried out by Consultant to internal staff.

Consultant shall, without limitation, perform the following functions:

Community & Economic Development Department
•Coordinate the preparation and administration of the Federal grant budget. •Make recommendations on proposals and other budgetary or financial matters. •Perform analysis of capital program funding sources.
•Prepare, review and/or approve drawdowns of federal and state grant funds including CDBG, ESG, HOME, and NSP 1 and 3 funds, and prepare drawdown reconciliation reports and quarterly reports.
•Monitor and periodically update operating and capital budgets to reflect budget adjustments and funding changes.
•Prepare analyses, schedules, summaries, journal entries and reconciliation to produce accurate periodic financial reports.
•Prepare cash flow analysis.
•Answer questions and compile special reports for departmental use in budget tracking and reporting.
•Balance and reconcile expenditures to the General Ledger and Budget. •Coordinate and assist in the preparation of the audit schedules; analyze, reconcile, and prepare year-end adjusting, accruals, and closing entries. •Work directly with housing staff and staff from other departments to resolve technical accounting issues and problems.
•Research and answer financial and other inquiries submitted by staff and other departments.

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•Assist in the preparation of periodic and ad-hoc financial reports, including the Action Plan, the financial sections of the Consolidated Annual Performance Evaluation Report (CAPER), and the Annual Single Audit Report.
•Provide and transfer documentation to the department on grant, financial and all other relevant documentation/data performed or prepared under the term of this Agreement.

Finance Department
•Act as a grant liaison between the Finance Department and Library, Parks, Recreation & Community Services, Police, and Public Works Departments. •Assist in the preparation of grant budgets, as applicable. •Perform periodically review of the Library, Parks, Recreation & Community Services, Police and Public Works Departments grants revenues and expenditures for accuracy and make necessary adjustments.
•Prepare the Federal Financial Reports for the CalVIP grant, the Retired & Senior Volunteer Program and Senior Companion Program grants.
•Prepare Monthly Reimbursement Report for the Parks, Recreation & Community Services’ Senior Nutrition Program grant.
•Research and answer financial and other inquiries submitted by staff and other departments.
•Coordinate and assist in the preparation of the audit schedules; analyze, reconcile, and prepare year-end adjusting, accruals, and closing entries. •Provide and transfer documentation to the departments on grant, financial and all other relevant documentation/data performed or prepared under the term of this Agreement.

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4 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 7, 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 March/April 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 March and April 2023 are presented for review by the Mayor and City Council including the:

1. Arts and Historical Preservation Commission - 3/20/2023

2. Library Board - 2/14/2023

3. Parks, Recreation and Community Services Commission - 2/16/2023

4. Planning Commission - 12/13/2022; 1/10/2023; 2/27/2023; 3/14/2023

5. Public Safety and Human Relations Commission - 3/13/2023

6. Water Board – 3/28/2023; 4/11/2023

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4 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 Strategic 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 March and April 2023.

Attachments
Attachment 1 City Board, Commission and Citizen Advisory Committee Meeting minutes approved in March and
April 2023
Ward:

All Wards
Synopsis of Previous Council Actions:

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.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Charles McNeely, Interim City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for May 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
2021-2025 Strategic Targets and Goals
Gross Payroll
Bi-Weekly for May 11, 2023 $2,919,628.23
Monthly for May 15, 2023 $26,950.00
Total Payroll Demands: $2,946,578.23 The following check registers are being presented for approval:

May 4, 2023 2022/23 (Register #52) $1,914,737.49
May 11, 2023 2022/23 (Register #53) $1,184,754.11
Total commercial check demands: $3,099,491.60

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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 May 2023.

Attachments
Attachment 1 Payroll Summary Report for May 2023 Attachment 2 Commercial checks & Payroll Register #52 Attachment 3 Commercial checks & Payroll Register #53 Ward:

All Wards
Synopsis of Previous Council Actions:

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Suzie H. Soren, Director of Human Resources
Department: Human Resources
Subject: Annual Renewal of the City’s Risk Management and Property Insurance Policies for FY 2023/24 (All Wards)
Recommendation:

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

1. Approve the annual renewal of the City’s property insurance, excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and

2. Authorize the City Manager to execute all related documentation.

Background
The City purchases insurance policies through Public Risk Innovation, Solutions, and Management (PRISM), a member-directed risk sharing pool of public agencies committed to providing risk coverage programs and risk management services, which drive member stability, efficiency, and best practices. The specific policies are noted below.
•Property Program
•Excess Workers’ Compensation Program
•General Liability 2 Program (GL2)
•Master Crime Program
•Cyber Liability Program
The City is one of 110 members that have pooled membership within PRISM. Members within a pooled insurance plan typically experience lower rate increases year-over-year

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as opposed to standalone coverage. PRISM seeks quotes from both domestic and international markets in order to fill the program insurance needs. When the final quote is selected, PRISM works with actuaries and underwriters to determine the premium allocation for each member based on their individual loss experience and exposure data.

There have been unprecedented insurance experience cycles since 2017. Significant catastrophic losses experienced in the worldwide insurance market, along with two new factors, contribute to the market remaining in a challenging cycle. First, treaty reinsurance pricing has significantly increased. Treaty reinsurance is purchased by nearly all carriers and protects them from claims at their company’s level. The rising cost of treaty reinsurance will be passed along to insureds and is expected to impact excess pricing at the PRISM renewal. Secondly, severe winter storms across the country, including California, have led carriers to pause on providing renewal pricing until the severity of losses can be determined. Current estimates of the losses to the industry from California alone are over one billion dollars. At the market level, large industry-wide losses influence carrier profitability and the general market environment.

These catastrophic events generally increase pricing throughout the market, with the highest increases impacting those who experienced losses.

The increase in the number and size of large liability claims continues to create very difficult market conditions. Factors that fuel the increased claims’ costs are varied and many, but they all result in more and larger claims (frequency of severity). Claims that were previously resolved in the $5M-$10M range are costing public entities and their insurers $20M-$30M and higher to resolve.

There are numerous reasons for the increased frequency of severity, collectively referred to as Social Inflation. This is generally defined as “all ways in which insurers’ claims cost rise over and above general economic inflation.” Specific factors include increasing propensity to sue, size of jury awards, court/juries favoring plaintiffs, growing district of large corporations, litigation financing, aggressive plaintiff bar ads, and changes in regulatory & legal environment.

Other factors include: the overall economic disparity between the “haves” and the “have nots”; the changing composition of jury demographics to millennials who tend to hand out bigger awards; the impact of our digital society where public opinion can be quickly formed; plaintiff attorney’s use of the Reptile Theory to scare jurors into punishing defendants; and distrust of the police who are often “presumed guilty”; litigation financing, the practice of third parties investing in a plaintiff’s lawsuit earning a large return in the event the suit is successful.

The losses limit the capacity and availability of reinsurers willing to write public entity business. This is especially true in California, which is widely known as a very litigious and expensive jurisdiction.

Members continue to be better together. The joint power authorities (self-insurance

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pooling) have been able to withstand turbulent markets by leveraging volume to allow for greater self-funding, and to maintain relationships with reinsurance carrier partners.

This helps to manage risk and hard times.

Discussion
Property Insurance Program
PRISM member rates for 2023 are increasing. The degree of rate increase to each individual member varies within an established range dependent upon claims experience. Member allocation considers the unique exposure of each entity including the types of property being insured, and risk of natural disaster.

The City's not-to-exceed premium of $1,742,000 represents an 8.81% increase over last year's not-to-exceed premium amount of $1,601,000. The 2022/23 property insurance policy ended on March 31, 2023, and renewed on April 1, 2023. Below is a breakdown of each type of coverage included in the renewal, through Alliant with PRISM for the term beginning April 1, 2023, through March 31, 2024.

Commercial Property
The City purchases commercial property insurance to cover direct damage to City property. The policy through PRISM provides a $300,000,000 limit per occurrence with a $100,000 deductible.

Flood
The City purchases flood insurance to cover direct physical loss of or damage to City property caused by or resulting from a flood. The policy through PRISM provides a $200,000,000 limit with a $25,000 deductible.

Earthquake
The City purchases earthquake insurance to cover direct physical loss of or damage to City property caused by or resulting from an earthquake. The policy through PRISM provides a $100,000,000 limit with a $100,000 deductible minimum, or 5% of the total value of the building.

Auto Physical Damage
The City purchases auto physical damage insurance to cover City-owned vehicles against perils such as collision, vandalism, fire, and theft. The policy through PRISM provides a replacement cost value or actual cash value of vehicles with a $10,000 deductible.

Terrorism and Sabotage
The City purchases terrorism and sabotage insurance for property damage and business interruption coverage in the event of a terrorist attack. The policy through PRISM provides a $750,000,000 limit with a $100,000 deductible.

Excess Workers’ Compensation Program
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they are injured on the job. Coverage includes reimbursement for payments above the City’s self-insured retention (SIR). This includes compensation for temporary disability benefits at statutory rates, medical benefits, and some allocated expenses. The City’s current excess workers’ compensation coverage cost is $453,241 and has a $1 million self-insured retention (SIR) with a limit remaining at statutory coverage. Statutory coverage provides payment for claims up to the amount required by law, without limits.

The FY 2023/24 premium coverage is estimated not to exceed $602,000.

Program premium projections assume increases of 5% - 15% in the Education Statutory Layer. The City is experiencing a 21% premium increase when comparing last fiscal year’s not to exceed amount of $471,000 to this year’s not to exceed amount.

General Liability 2 Program (GL2)
The City purchases excess general liability insurance to protect against catastrophic incidents such as: bodily injury, property damage, personal injury, public officials’ errors and omissions liability, automobile liability and employment practices liability. The City’s current excess general liability insurance coverage cost is $1,594,022 and has a $5 million self-insured retention (“SIR”) with a limit of $25 million. The FY 2023/24 premium for coverage is estimated not to exceed $2,177,000.

Program premium projections assume increases of up to 40%. The City is experiencing a 27% premium increase when comparing last fiscal year’s not to exceed amount of $1,606,000 to this year’s not to exceed amount.

Master Crime Program
The City purchases master crime insurance to protect against illegal acts committed by employees while on the job including theft, forgery, inside premises (theft of money and securities/robbery), computer fraud, money orders and counterfeit paper currency, and outside premises. The City’s current master crime coverage cost is $13,421 and has a $2,500 self-insured retention (“SIR”) with a limit of $15 million. The FY 2023/24 premium for coverage is estimated not to exceed $15,500.

Program premium projections assume increases of 10% - 15%. The City is experiencing a 6% premium decrease when comparing last fiscal year’s not to exceed amount of $16,500 to this year’s not to exceed amount.

Cyber Liability Program
The City purchases cyber liability insurance for reimbursement coverage in response to information security and privacy liability, website media content liability, cyber extortion and first party data protection. The City’s current policy cost is $29,887 and has a $100,000 SIR with a limit of $12 million. The FY 2023/24 premium for coverage is estimated not to exceed $49,400.

Program premium projections assume increases of 10% - 65%. The City is experiencing a 20% premium increase when comparing last fiscal year’s not to exceed amount of $39,500 to this year’s not to exceed amount.

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The following chart summarizes the City’s current actual cost for insurance coverage to the renewal estimates, assuming no changes to coverage, deductibles and or retention:

Insurance
Premium
Summary
FY 2022/23 FY 2023/24
Maximum
Estimated Cost
Percentage
Change (Approx.)
Property Insurance 1,601,000 $1,742,000 8.81%
Excess Workers’
Compensation
$453,241 $602,000 24.7%
General Liability 2 $1,594,022 $2,177,000 26.7%
Master Crime $13,421 $15,500 13.4%
Cyber Liability $29,887 $49,400 40.0%
2021-2025 Strategic Targets and Goals
Approving the renewal of the City’s various insurance policies aligns with Strategic Target No. 1: Improved Operational and Financial Capacity, specifically, Goal e:
minimize risk and litigation exposure by maintaining sufficient coverage to provide protection to the City.

Fiscal Impact
The financial impact to the City would not exceed $4,576,000. There is sufficient funding included in the FY 2023/24 Operating Budget. It is important to note that the policy term for the property insurance is April 1, 2023, through March 31, 2024, for a not-to-exceed premium of $1,742,000. The premium will be expensed across two fiscal years: three (3) months in FY 2022/23 in the amount of $435,500 and nine (9) months in FY 2023/24 in the amount of $1,306,500.

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

1. Approve the annual renewal of the City’s property insurance, excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and

2. Authorize the City Manager to execute all related documentation.

Attachments
Attachment 1 2023/24 Budget Estimates
Ward:

All Wards
Synopsis of Previous Council Actions:

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June 15, 2022 The Mayor and City Council approved the annual renewal of the City’s excess workers’ compensation, excess general liability insurance, crime insurance and cyber insurance policies.

March 2, 2022 The Mayor and City Council adopted Resolution No. 2022-42, approving the annual renewal of the City’s
property insurance for a premium not to exceed $1,601,000 for the term beginning April 1, 2022 and ending March 31, 2023.

July 02, 2021 The Mayor and City Council adopted Resolution No. 2021- 125, approving the annual renewal of the City’s excess
general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance.

March 3, 2021 The Mayor and City Council adopted Resolution No. 2021- 54, approving the annual renewal of the City’s property insurance for a premium not to exceed $1,292,000 for the term beginning April 1, 2021 and ending March 31, 2022.

July 17, 2020 The Mayor and City Council:

1. Adopted Resolution No. 2020-176, approving the annual renewal of the City’s various insurance policies negotiated through Alliant for the term beginning August 1, 2020 and ending July 31, 2021 for: (1) a pro-rated premium not to exceed $820,190 for property insurance for the term
beginning August 1, 2020 and ending March 31, 2021; (2) for a premium not to exceed $6,350 for cyber liability
insurance for the term beginning August 1, 2020 and ending July 1, 2021; and (3) for a premium not to exceed $3,500,000 for excess liability insurance; and authorized an amendment to the FY 2020/21 adopted budget in the amount of
$2,113,229 to be appropriated into the Liability Insurance Fund, account number 629-110-0056-5161, from the
General Fund Reserves and authorize staff to continue
exploring options for containing excess general liability insurance costs and to bring back an update in August of the outcome and option selected.

2. Adopted Resolution No. 2020-178, to: remain a member of CSAC Excess Insurance Authority; becoming a member
of Public Risk Innovation, Solutions, and Management; and authorized the City Manager to act on the City’s behalf in relation to these entities.

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July 15, 2020 The Mayor and City Council adopted Resolution No. 2020- 176, approving the annual renewal of the City’s various insurance policies negotiated through Alliant for the term beginning August 1, 2020 and ending July 31, 2021.

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Estimated Premium: $583,000 to $602,000 Estimated Payroll: $98,744,909 Rating Group: HighSafety
Estimate Assumptions & Updates
Payroll Audit Adjustment
EWC Payroll History EWC Premium History
2022/23 Estimated Payroll: $85,371,039 2022/23 Deposit Premium: $453,241 2021/22 Estimated Payroll: $78,602,970 2021/22 Deposit Premium: $391,052 If you have directed us to apply the 2021/22 payroll audit to your 2023/24 premium, it has been included in the total collection shown. If you have decided to handle the payroll audit outside of your renewal premium, the estimated premium shown is the estimated total collection.

Public Risk Innovation, Solutions, and Management (PRISM) 2023/24 Budget Estimates, February 2023
City of San Bernardino
This second round of estimates have been prepared to further aid you in budgeting for the 2023/24 fiscal year. It is important to keep in mind that it is still early in the process of determining each Program’s total cost for the upcoming year. Since the initial version provided in November, we have updated the budget estimates to reflect the estimated 2023/24 payroll submitted via the renewal applications and losses evaluated as of 6/30/2022. The estimates provided are intended to be conservative; however, since rates are still estimated, final premiums may be in excess of these estimates, we recommend you budget towards the high end of the range.

If you are aware that you have had any substantial changes over the past 12 months, please contact Roberto Lozano and a better estimate will be developed for you.

Excess Workers' Compensation Program
The EWC premium projections include estimated 2023/24 exposure as reported on the renewal applications and updated loss data evaluated as of 6/30/2022. The Pool rates are updated at an 80% Confidence Level, discounted at 3.5% for investment income. Increasing the discount to 3.5% provides some rate relief to the members and positively impacts the Program’s Net Position. We have also assumed reinsurance rate increases of of 5% - 15% in the Education Tower Statutory Layer.

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SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM) 2023/24 Budget Estimates, February 2023
0 This second round of early estimates have been prepared to further aid you in budgeting for the 2023/24 fiscal year. At this time, updated estimates are being provided for all major programs. Since the November version: (1) The budget estimates have been updated with actuarial rates for the pooled layers; (2) The reinsurance rates were updated where we have proposals; and (3) We have incorporated more accurate administrative budget numbers. While the estimates are more refined from the previous version, they contain a range if there are still outstanding items specific to the program. The estimates are intended to be conservative; however, there may be a chance that final numbers will come in higher than the assumptions currently in place. For this reason we recommend continuing to budget toward the high end of the estimate range if one is provided.

If you are aware that you have any substantial changes over the past 12 months, please contact Roberto Lozano and a better estimate can be developed for you. $59,897,627
$61,537,617
The liability, property, and cyber insurance markets have harde ned in response to increased claims costs. At this time, the GL2 program premium projections assume increases of up to 40%. Individual member rate increases may differ from this range depending on t heir loss experience changes in exposure, or other factors. The market based program allocation of premium will be evaluated and approved by the GL2 Committee in the Spring.

Premium
$1,942,000 $2,177,000
General Liability 2 Program
2021/22 Estimated Payroll:
2022/23 Estimated Payroll:
to
$1,209,60821/22 Premium:
23/24 Estimated Premium: 2023/24 Estimated Payroll: $74,033,458 21/22 Premium:
22/23 Premium: $1,594,022

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SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM) 2023/24 Budget Estimates, February 2023
0 $373,229,553
$182,559,980
The 2023/24 updated October (Versi on 1) premium budget estimate s had an overall premium increase of 18-29% for most members. This estimate is based on 2022/23 binding total insured values (TIV) and did not take in to consideration property sched ule updates. The February premium estimates are based on updated TIV as of November 22, 2022, and loss history. As indicated in the initial budget estimates, member s with adverse loss history and /or significant TIV increases between the initial budget and the February budget may result in premiu m increases that are higher than the range provided in October. Finally, large catastrophic events or economic downturn prior to the March 31, 2023 renewal could impact the property insurance marketplac e, resulting in further hardening of the market, potentially impacting the premium estimate.

For budgeting purposes, we are continuing to recommend a premiu m increase of 18-29% for most members. As noted above, this is the average increase and membe rs with adverse loss history and/or increases in TIV may result in additional premium.

Premium
$1,641,000 $1,742,000
Property Program
2022/23 AR TIV:
2022/23 EQ TIV:
to
$1,225,76721/22 Premium:
23/24 Estimated Premium:
21/22 Premium:
22/23 Premium: $1,402,367
The Master Crime Program is currently placed with AIG for the f irst $10M layer, and with Berkley for the $5M excess of $10M layer. At this time we recommend budget ing for a 10%-15% rate increase.

Please note that exposure changes could impact the premium.

Premium
$14,800 $15,500
Master Crime Program
to
$13,71421/22 Premium:
23/24 Estimated Premium:
21/22 Premium:
22/23 Premium: $13,421

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SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM) 2023/24 Budget Estimates, February 2023
0 At this time, we recommend members with no paid or open claims, to budget for a 10% - 65% rate increase. For members that hav e paid losses or open claims wit h the potential for paid losses, please budget for a 20% - 85% rate increase. For members with s ignificant losses and inadequate security controls, the increase may be larger.

Premium
$32,900 $49,400
Cyber Liability Program
to
$22,53921/22 Premium:
23/24 Estimated Premium:
21/22 Premium:
22/23 Premium: $29,887

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations and Maintenance
Department: Public Works
Subject: Amendment No. 1 to Agreement with IDS Group, Inc. (Wards 4,7)
Recommendation:

Background
Newmark Ball Field (Project PR22-001) has an existing metal halide field lighting system controlled by a “Sky Logix” Controller. A design is needed to provide Foot Candles in the playing and parking area as required for competition level games on sporting fields. All fields shall use LED fixtures and be controlled independently using “Sky Logix” hardware. Based on lighting requirements, the design consultant shall also determine all upgrades necessary to facilitate the Foot Candle requirement for competition level games on sporting fields, including but not limited to, SCE utility feed, main circuit breaker, panel bus ratings upsizing, and electrical panel upgrades.

Standards for lighting include the number of poles, pole height, offset distance, etc.

These requirements must also meet the National Little League Lighting standards which are designed to minimize light spillage to the surrounding neighborhood.

Speicher Multipurpose Field (Project PR22-003) only has one existing walking path with lighting in the field area. The south softball fields are controlled by a “Sky Logix” Controller next to the Southern California Edison (SCE) meter feed. A new design is necessary to provide required Foot Candles in the playing area for competition level games on sporting fields. The fields will use new or preexisting LED fixtures and be controlled independently using “Sky Logix” hardware. Design consultants shall follow lighting guidelines to determine all upgrades necessary to facilitate the Foot Candle requirement for competition level games on sporting fields, including but not limited to

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SCE utility feed, main circuit breaker, panel bus ratings upsizing, and electrical panel upgrades. The lighting must meet IES.org - High School League Soccer Field Lighting standards be designed to minimize light spillage to surrounding residents.

On June 16, 2021, the Mayor and City Council adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22 funding for the design and construction of these improvements. IDS Group Inc. was awarded a Design Services Agreement in the amount of $91,143 by the Mayor and the City Council on December 15, 2021. The contract expired on December 15, 2022.

Discussion
IDS Group Inc. was contracted on December 15, 2021, to provide design services for the Newmark Ball Field and Speicher Multipurpose Field Lighting projects. The original schedule for the plans, specifications, estimates (PS&E) package was delayed. Providing the 65% plan review by the consultant took longer than anticipated due to the complexity of the design and adherence to the National Little League Lighting standards and IES.org - High school League Soccer Field Lighting Standards.

IDS subcontracted Musco Lighting to provide additional designs and manufacture sports lighting standards for both fields. SCE provided redlines to incorporate the electrical service location plans into the design plans for the project.

To enable IDS to include the SCE comments and complete the PS&E in a timely manner, an extension of time of the design service agreement is necessary before staff can advertise for bids. The extension of time of this agreement will not lead to any costs beyond the amount initially awarded by the Mayor and the City Council. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this Amendment will result in public improvements being designed that minimize risk and litigation exposure through upgrading the existing lighting systems at Newmark Ball Field and installing new lighting systems at Speicher Multipurpose Field.

Fiscal Impact
There is no General Fund impact associated with this action. Project budget for the proposed work was previously established through the adopted FY 2021/22 Capital Improvement Program (CIP) budget in AB 1600 Parkland and Op Fund for Newmark Ball Field Lighting and Speicher Park Multipurpose Field Lighting projects in the amount of $850,000.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the execution of Amendment No. 1 to Professional Services Agreement with IDS Group, Inc., for the design of the Newmark Ball Field and Speicher Multipurpose Field Lighting, extending the agreement until May 17, 2024.

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Attachments
Attachment 1 – Amendment No. 1 to Agreement - IDS Group Inc.

Attachment 2 – Professional Services Agreement with IDS Group Inc.

Ward:

Fourth Ward; Seventh Ward
Synopsis of Previous Council Actions:

June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving Capital Program FY 2021/2022.

Dec 15, 2021 Adopted Resolution No. 2021-303 awarding Professional Service Agreement to IDS Group Inc.

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AMENDMENT NO. 1 TO

AGREEMENT FOR PROFESSIONAL SERVICES
IDS GROUP INC.

This Amendment No. 1 to the Professional Services Agreement for project management services is made and entered into as of June 7, 2023, by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and IDS Group Inc., a California corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” A. WHEREAS, the City and Consultant have entered into an agreement dated December 15, 2021, for the purpose of providing design services for the Newmark Ball Filed and the Speicher Multipurpose Filed (the “Master Agreement”); B. WHEREAS the Parties now desire to amend the Master Agreement in order to extend the term 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. The term of the Master Agreement shall be extended through June 7, 2024, unless earlier terminated.

3. Amendment to Section 6 of the Master Agreement. The last sentence of Section 6 of the Master Agreement shall be amended to read as follows:
“The total duration of the Agreement, including the exercise of any options, shall not exceed June 7, 2024.”

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

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

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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 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH IDS GROUP INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Charles McNeely
Interim City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
IDS GROUP INC.

Signature
Name
Title

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely; Interim City of Manager
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department: Public Works
Subject: Amendment No. 1 to Professional Services Agreements for On-Call Pre-Qualified Engineering Services to 23
Firms and Amendment No 2. Professional Services
Agreements for On-Call Pre-Qualified Engineering
Services to 1 Firm (All Wards)
Recommendation:

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

1. Approve Amendment No. 1 to Professional Services Agreements (PSA) for On- Call Pre-Qualified Engineering Services to 23 Firms; and

2. Amendment No. 2 to Professional Services Agreements (PSA) for On-Call Pre- Qualified Engineering Services to 1 Firm.

Background
On November 16, 2022, the City Council approve 24 Professional Service Agreements (PSA) for various engineering services. The approved PSA indicated in section 4(B) that the total amount paid for services rendered by Consultant under the PSA shall not exceed the sum of $50,000 per assigned task order. Below is a table of the approved services and their respective firms.

Professional Service Business Name Address
Civil Engineering CASC Engineering and
Consulting
1470 E. Cooley Drive, Colton, CA.
92324
Civil Engineering Civil Works Engineers,
Inc
3151 Airway Ave., Ste. T-1 Costa
Mesa, CA. 92626

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Civil Engineering CSG Consultants 3707 W. Garden Grove Blvd., Ste. 100 Orange, CA. 92868
Civil Engineering GHD 320 Goddard #200 Irvine, CA.
92618
Civil Engineering Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive, San
Bernardino, CA. 92408
Civil Engineering IMEG Corp 300 N. Lake Ave., 14th Floor Pasadena, CA. 91101
Civil Engineering KOA Connects
Communities
3190 Shelby Street, Bldg. C Ontario,
CA. 91764
Civil Engineering KTU&A 3916 Normal Street, San Diego, CA. 92103
Civil Engineering NV5, Inc. 163 Technology Drive, Ste. 100 Irvine, CA. 92618
Civil Engineering PacRim Engineering 1820 E. 1st, Ste 110 Santa Ana, CA. 92705
Civil Engineering Parkis, Inc. Engineering
& Construction
10450 Pioneer Blvd., Ste. 3 Santa
Fe Springs, CA. 90670
Civil Engineering RICK Engineering 1770 Iowa Ave., Ste. 100 Riverside, CA. 92507
Civil Engineering TJKM 4305 Hacienda Drive, Suite 550
Pleasanton, CA. 94588
Civil Engineering TKE Engineering, Inc. 2305 Chicago Ave. Riverside, CA. 92507
Civil Engineering Transtech Engineering 431 MacKay Drive, San Bernardino, CA. 92408
Civil Engineering Willdan 650 E. Hospitality Lane, Suite 400 San Bernardino, CA. 92408
Environmental Engineering CASC Engineering and
Consulting
1470 E. Cooley Drive, Colton, CA.
92324
Environmental Engineering CSG Consultants 3707 W. Garden Grove Blvd., Ste. 100 Orange, CA. 92868
Environmental Engineering GHD 320 Goddard #200, Irvine, CA. 92618
Environmental Engineering GPA Consulting 201 Nevada Street, Ste. B El Segundo, CA. 90245
Environmental Engineering Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive, San
Bernardino, CA. 92408
Environmental Engineering LIN Consulting, Inc. 21660 Copley Drive, Ste. 270 Diamond Bar, CA. 91765
Environmental Engineering UltraSystems
Environmental Inc.
16431 Scientific Way, Irvine, CA.
92618
Environmental Engineering Willdan 650 E. Hospitality Lane, Suite 400 San Bernardino, CA. 92408
Geotechnical Engineering Geo-Advantex, Inc.
(GAI)
457 West Allen Ave. Ste 113 San
Dimas, CA. 91773

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Geotechnical Engineering Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive San
Bernardino, CA. 92408
Geotechnical Engineering IMEG Corp 300 N. Lake Ave., 14th Floor Pasadena, CA. 91101
Geotechnical Engineering KOA Connects
Communities
3190 Shelby Street, Bldg. C Ontario,
CA. 91764
Geotechnical Engineering MTGI 14467 Meridian Parkway Bldg. 2A Riverside, CA. 92518
Geotechnical Engineering Ninyo & Moore 7888 Cherry Ave. Unit I Fontana, CA. 92336
Geotechnical Engineering NV5, Inc. 163 Technology Drive Ste. 100 Irvine, CA. 92618
Geotechnical Engineering Twining Geotechnical 111 Main Street, Unit A Riverside, CA. 92501
Geotechnical Engineering UltraSystems
Environmental Inc.
16431 Scientific Way Irvine, CA.
92618
Geotechnical Engineering Willdan 650 E. Hospitality Lane Suite 400 San Bernardino, CA. 92408
Surveying Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive San
Bernardino, CA. 92408
Surveying IMEG Corp 300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101
Surveying NV5, Inc. 163 Technology Drive, Ste. 100
Irvine, CA. 92618
Surveying RICK Engineering 1770 Iowa Ave., Ste. 100 Riverside, CA. 92507
Surveying TKE Engineering, Inc. 2305 Chicago Ave. Riverside, CA. 92507
Surveying Willdan 650 E. Hospitality Lane Suite 400
San Bernardino, CA. 92408
Landscaping Design GHD 320 Goddard #200 Irvine, CA.
92618
Landscaping Design Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive San
Bernardino, CA. 92408
Landscaping Design IMEG Corp 300 N. Lake Ave., 14th Floor Pasadena, CA. 91101
Landscaping Design RICK Engineering 1770 Iowa Ave., Ste. 100 Riverside, CA. 92507
Landscaping Design Willdan 650 E. Hospitality Lane Suite 400 San Bernardino, CA. 92408
Construction Inspection and
Management
Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive, San
Bernardino, CA. 92408
Construction Inspection and
Management
KTU&A 3916 Normal Street, San Diego, CA.
92103
Construction Inspection and
Management
LAE Associates, Inc. 20709 Golden Springs Dr UNIT 104,
Walnut, CA 91789

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Architecture Civil Works Engineers,
Inc
3151 Airway Ave., Ste. T-1 Costa
Mesa, CA. 92626
Architecture Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive San
Bernardino, CA. 92408
Architecture IMEG Corp 300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101
Architecture KTU&A 3916 Normal Street, San Diego, CA.
92103
Mechanical, Electrical,
Plumbing (MEP) Engineering
Civil Works Engineers,
Inc
3151 Airway Ave., Ste. T-1 Costa
Mesa, CA. 92626
Mechanical, Electrical,
Plumbing (MEP) Engineering
Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive San
Bernardino, CA. 92408
Mechanical, Electrical,
Plumbing (MEP) Engineering
IMEG Corp 300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101
Mechanical, Electrical,
Plumbing (MEP) Engineering
KTU&A 3916 Normal Street, San Diego, CA.
92103
Storm Drain Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive San
Bernardino, CA. 92408
Storm Drain IMEG Corp 300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101
Wastewater Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive San
Bernardino, CA. 92408
Wastewater IMEG Corp 300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101
Structural Design and
Construction
Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive, San
Bernardino, CA. 92408
Structural Design and
Construction
IMEG Corp 300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101
Street Construction Projects
that require DOT Traffic
Control Designs
Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive, San
Bernardino, CA. 92408
Street Construction Projects
that require DOT Traffic
Control Designs
IMEG Corp 300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101
Project Management/Staff
Augmentation
CASC Engineering and
Consulting
1470 E. Cooley Drive
Colton, CA. 92324
Project Management/Staff
Augmentation
Civil Works Engineers,
Inc
3151 Airway Ave., Ste. T-1
Costa Mesa, CA. 92626
Project Management/Staff
Augmentation
CSG Consultants

3707 W. Garden Grove Blvd., Ste. 100
Orange, CA. 92868
Project Management/Staff
Augmentation
GHD

320 Goddard #200
Irvine, CA. 92618
Project Management/Staff
Augmentation
Hernandez, Kroone &
Associates (HKA)
234 East Drake Drive
San Bernardino, CA. 92408
Project Management/Staff
Augmentation
IMEG Corp

300 N. Lake Ave., 14th Floor
Pasadena, CA. 91101

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Project Management/Staff
Augmentation
KOA Connects
Communities
3190 Shelby Street, Bldg. C
Ontario, CA. 91764
Project Management/Staff
Augmentation
KTU&A

3916 Normal Street, San Diego, CA.
92103
Project Management/Staff
Augmentation
NV5, Inc.

163 Technology Drive Ste. 100
Irvine, CA. 92618
Project Management/Staff
Augmentation
PacRim Engineering

1820 E. 1st Ste 110
Santa Ana, CA. 92705
Project Management/Staff
Augmentation
Parkis, Inc. Engineering
& Construction
10450 Pioneer Blvd., Ste. 3
Santa Fe Springs, CA. 90670
Project Management/Staff
Augmentation
RICK Engineering

1770 Iowa Ave., Ste. 100
Riverside, CA. 92507
Project Management/Staff
Augmentation
TJKM

4305 Hacienda Drive Suite 550
Pleasanton, CA. 94588
Project Management/Staff
Augmentation
TKE Engineering, Inc.

2305 Chicago Ave. Riverside, CA.
92507
Project Management/Staff
Augmentation
Transtech Engineering 431 MacKay Drive
San Bernardino, CA. 92408
Project Management/Staff
Augmentation
Willdan

650 E. Hospitality Lane Suite 400
San Bernardino, CA. 92408
On February 1, 2023, the Mayor and City Council approved an update to Section 3.04 (Purchasing System) of the City’s Municipal Code. The update included increases to the Section 3.04.040 (Approval Authority) which increased the City Manger’s spending authority to $100,000.

On May 3, 2023, staff presented Amendment No. 1 to the PSA for Willdan, which corrected a staff error; the original PSA did not include language contemplating the City Council approving Task Orders greater than $50,000. As a result, any Task Order greater than $50,000 would be in direct conflict with Section 4(b) of the original PSA, even if approved by the City Council. Amendment No. 1 corrected this error by including such language. No other terms of the agreement were changed.

Discussion
Amendment No. 1 aligns the PSAs to the City’s current procurement policy. The original PSA for On-Call Pre-Qualified Engineering Services was approved by the Mayor and City Council on November 16, 2022, which was prior to the adoption of the new Purchasing Policy and increased spending authority threshold. Amendment No. 1 increases the per task order not-to-exceed amount to $100,000, aligning the original agreements with the City’s current Municipal Code, Section 3.04.040 (Approval Authority). Per Amendment No. 1, any task order above $100,000 must be approved by the City Council, as required by the Municipal Code.

Additionally, Amendment No. 1 corrects an administrative error found in paragraph 4(b) of the original PSA. The original PSA specified a per agreement not-to-exceed amount

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rather than a per task order not-to-exceed amount that was presented in the November 16, 20222, staff report. The intent of the original approved item was to limit the issuance of task orders to those with monetary amounts below the purchasing threshold and require the City Council’s approval of any task orders that exceed the threshold. The intent of the On-Call list is to streamline the procurement process to solicit proposals from a list of qualified firms for specific engineering disciplines while adhering to the City’s procurement guidelines. Tasks can vary based on the need of the Engineering Division; thus, having the ability to issue multiple task orders to these firms is essential for project delivery. The cost associated with each respective task order can vary and any task order that exceeds the purchasing threshold must be approved by the City Council. Amendment No. 1 addresses 23 of the 24 approved firms.

Willdan (1 of 24 approved firms) was issued an approved Task Order on May 3, 2023, for staff augmentation. This necessitated the need to process Amendment No. 1, which allowed the City Council to approve a task order in excess of $50,000; however, Amendment No. 1 did not update the language of the PSA to be in alignment with the increased signing authority threshold adopted by the City Council on February 1, 2023.

Amendment No. 2 corrects this and increases the per Task Order not-to-exceed amount to $100,000, as allowed by Section 3.04040 of the Municipal Code. It’s important to note that both Amendment No. 2 to the Willdan PSA and Amendment No. 1 to the remaining 23 firms’ PSAs ensures that the language is consistent across all 24 approved firms.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1d: Create a framework for spending decisions and 1e: Minimize risk and litigation exposure. Approval of contracting pre- qualified consultants will contribute to the maintenance of streets and infrastructures throughout the City. It will also promote economic growth and help ensure safe travel for motorists, bicyclists, and pedestrians through cost-effective maintenance.

Fiscal Impact
There is no General Fund impact associated with the recommended action. The City Council action does not obligate any appropriation of City funds. Each firm selected for service, CIP or non-CIP, shall receive compensation, including authorized reimbursements, for all services rendered under their respective agreement. Task Orders will be issued in compliance with the City’s procurement guidelines. The consultant services fees will not exceed $100,000 per project. Any project with a total budget estimated to exceed $100,000 will be presented to the City Council for approval prior to authorizing a notice to proceed on the Task Order. Funding sources will be dependent on the specific task. For projects associated with CIP projects, project specific account will be utilized.

As previously indicated, it's important to note, creating a list of pre-qualified consultants

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for professional services in support of public works projects is in conformance with the Public Contract Code (PCC) and consistent with the City’s Municipal Code.

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

1. Approve Amendment No. 1 to Professional Services Agreements (PSA) for On- Call Pre-Qualified Engineering Services to 23 Firms; and

2. Amendment No. 2 to Professional Services Agreements (PSA) for On-Call Pre- Qualified Engineering Services to 1 Firm.

Attachments
Attachment 1 Amendment No. 1 to On-Call Professional Services Agreement Template
Attachment 2 Amendment No. 2 to On-Call Professional Services Agreement Template
Attachment 3 On-Call Professional Services Agreement Template Ward:

All Wards
Synopsis of Previous Council Actions:

November 16, 2022 Mayor and City Council approve On-Call Engineering Service Professional Service Agreements.

May 3, 2023 Mayor and City Council approve Amendment No. 1 to On- Call Engineering Service Professional Service Agreement with Willdan.

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AMENDMENT NO. 1 TO

ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH [INSERT NAME]
This Amendment No. 1 to the On-Call Professional Services Agreement for is made and entered into as of May 17, 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and [Insert Firm Name], a California corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated November, 16, 2022 for the purpose of providing on-call engineering services (the “Master Agreement”).

B. WHEREAS, the Parties now desire to amend the Master Agreement in order to clarify the not-to-exceed compensation terms of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the 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. Amendment to Section 4(b) of the Master Agreement. Section 4(b) of the Master Agreement shall be amended in its entirety to read as follows:
“b. The total amount paid for services rendered by Consultant under this Agreement shall not exceed the sum of $100,000 per assigned Task Order unless approved by the City Council. 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.”

3. 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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4. 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.

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

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

CITY OF SAN BERNARDINO
APPROVED BY:

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

Best Best & Krieger LLP
City Attorney

CONSULTANT
[Insert Firm Name]
[Insert Name]
[Insert Title]

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AMENDMENT NO. 2 TO

ON-CALL PROFESSIONAL SERVICES AGREEMENT

WITH WILLDAN ENGINEERING
This Amendment No. 2 to the On-Call Professional Services Agreement for is made and entered into as of May 17, 2023 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Willdan Engineering, a California corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated November 16, 2022 for the purpose of providing on-call engineering services (the “Master Agreement”).

B. WHEREAS, the City and the Consultant have entered into an amendment, dated May 3, 2023 for the purpose of clarifying Section 4(b) (“Amendment No. 1”).

C. WHEREAS, the Parties now desire to amend Amendment No. 1 in order to clarify the not-to-exceed compensation terms of Amendment No. 1.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2, 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.

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

4. Electronic Transmission. A manually signed copy of this Amendment No. 2 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

5. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

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

Best Best & Krieger LLP
City Attorney

CONSULTANT

WILLDAN ENGINEERING
Adel M. Freij, PE
Director of City of Engineering

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1 MODEL PROFESSIONAL SERVICES AGREEMENT – REMOVE THIS TITLE WHEN USED.

USE ONLY FOR PROFESSIONAL SERVICES – DEFINED AS: SPECIALIZED

SERVICES SUCH AS FINANCIAL, ECONOMIC, ACCOUNTING, LEGAL,

ENGINEERING OR ADMINISTRATIVE SERVICES
PLEASE NOTE: THIS PROFESSIONAL SERVICES AGREEMENT MAY NOT BE

USED TO CONTRACT FOR DESIGN SERVICES

ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
This Agreement is made and entered into as of [***INSERT MONTH***] [***INSERT DATE***], 2021 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 [***INSERT NAME***], a [***INSERT TYPE OF

ENTITY AND STATE - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (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:
[***INSERT DESCRIPTION***] (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.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”.

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2 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. Consultant shall receive compensation, including authorized reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 2(b) below.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***]. 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.

6. Term. The term of this Agreement shall be from [***INSERT START DATE***] to [***INSERT END DATE***], unless earlier terminated as provided herein.

Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be

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3 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 a Task Order from the City to proceed.

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

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4 c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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

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

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

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

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

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

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

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

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

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

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9 liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all 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.
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10 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.

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).
[***IF CITY IS AWARE THAT THE CONSULTANT WILL PERFORM WORK

SUBJECT TO PREVAILING WAGE LAW, PLEASE CONTACT LEGAL COUNSEL TO OBTAIN GUIDANCE REGARDING REVISING THE FOLLOWING PROVISION***]If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

20. Laws and Venue. This Agreement shall be interpreted in accordance with

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11 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 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

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12 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 [***INSERT NAME***] 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
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT DEPARTMENT HEAD
TITLE OR “City Manager”***]
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
[***INSERT NAME, ADDRESS &
CONTACT PERSON***]

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.

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13 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 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

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14 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. Order of Precedence.

The following order and succession of the referenced documents shall govern in the event of conflict between documents:

1. Amendment(s)

2. This Agreement

3. Task Orders
[SIGNATURES ON FOLLOWING PAGE]

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15 SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:
[***INSERT NAME***]
City Manager
ATTESTED BY:
[***INSERT NAME***]
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Name
Title

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16 EXHIBIT A
[***ATTACH OR INSERT: Scope of Services / Schedule of Charges and Payments / Activity Schedule***]

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17 EXHIBIT B
Sample Task Order Form

TASK ORDER
Task Order No. _______
Agreement: [INSERT TITLE OF AGREEMENT]
Consultant: [INSERT NAME OF CONSULTANT]
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $_____,_____.00 Completion Date:_____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF SAN BERNARDINO [INSERT NAME OF CONSULTANT]
Dated: Dated:

By: By:

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk’s Office
Subject: City Clerk’s Office System Implementation Updates Recommendation
Receive and file an update on implementing the Public Records Request Management System (PRRMS) through NextRequest, and Municipal Code Web Hosting and Codification through American Legal Publishing.

Background
The City Clerk’s Office is responsible for multiple tasks, which include processing and fulfilling California Public Records Act (CPRA) requests. In 2022, the City Clerk’s Office released a Request for Proposals (RFP) for Public Records Request Management Software, and the contract was awarded to NextRequest. NextRequest is a web based CPRA processing system that will greatly improve the current process. The City Clerk’s office will implement NextRequest city-wide on June 8, 2023.

The City Clerk’s Office is also responsible for maintenance and updates to the San Bernardino Municipal Code (Municipal Code). Since 2014, the Municipal Code was made available on the city website in Portable Document Format (PDF). In 2022, the City Clerk’s Office released an RFP for Municipal Code Web Hosting and Codification services. The contract was awarded to American Legal Publishing, who will provide Web Hosting and Codification of the Municipal Code. Web hosting with American Legal Services will improve the efficiency of Municipal Code management. Beginning June 8, 2023, municipal code web hosting by American Legal Publishing will be live on the city website.

Discussion
The City Clerk's Office receives an average of 1,500 CPRA requests annually. This year, the Office is on track to receive more than 1,800. Examples of common requests include building permits, animal services records, copies of email communications, operations and maintenance records, and many more. Currently, staff utilize the

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GoGov system, Excel spreadsheets, and emails to track, route, and respond to requests. However, as the number of CPRAs has steadily increased over the last several years, the work and time required of staff to prepare, compile, review, and redact records has also increased. These factors have made it necessary to modernize the CPRA process to improve efficiency. Implementing NextRequest will streamline the submittal, routing, and response process for both requestors and staff. Additionally, the new process will increase transparency and the public's access to City records while reducing staff time spent on requests.

At the Mayor and City Council meeting on May 3, 2023, the City Clerk announced the implementation of the Municipal Code Web hosting agreement, which was three years in the making. The project began in November 2019 under the recommendation of the City Manager's Office. This project has been ongoing due to staffing shortages and turnover in the City Manager and City Clerk's offices.

In 2022, an RFP for services was released and completed for Municipal Code Web Hosting and Codification. The purpose was to modernize access to the Municipal Code, improve searchability, standardize the codification of the Municipal Code, and eliminate the staff time spent internally to codify the Municipal Code. The PDF version of the Municipal Code currently available is updated internally by our Records Management Specialist using Adobe Indesign. Using this program took considerable time to understand and to learn how to work around some functionality issues.

Currently, one staff member is familiar with the internal codification process. Web hosting is necessary for succession planning to codify the Municipal Code. 2021-2025 Strategic Targets and Goals
Acquiring vendor services for the Public Records Request Management System and Municipal Code Web Hosting aligns with Strategic Target No. 1 Improved Operational & Financial Capacity – by creating efficiencies and streamlining the process to submit CPRA’s and providing added functionality of the municipal code.

Fiscal Impact
These programs have been approved in the budget and will not result in additional fiscal impact. The implementation cost of NextRequest is $1,500, which includes staff training. The annual cost of the NextRequest online portal is $8,388.

The implementation cost for American Legal Publishing services is $27,407, this includes the codification of the Municipal Code. The annual cost of webhosting services is $450.

Conclusion
Receive and file an update on implementing the Public Records Request Management System (PRRMS) through NextRequest, and Municipal Code Web Hosting through American Legal Publishing.

Attachments

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Attachment 1 – Next Request PowerPoint.

Attachment 2 –American Legal Publishing PowerPoint.

Ward
All Wards
Synopsis of Previous Council Actions
None

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Title: California Public Records Act Requests
Presented by: Courtney Bowen, Deputy City Clerk
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What is the California Public Records Act (CPRA)?
The CPRA is a law that requires state
and local agencies to make their
records available for public inspection.
*The PRA is NOT…
- a retention policy
- a destruction policy
- a privacy policy
- a usage policy
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What is a record?
Public Record = “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics”
Reports,
maps,
spreadsheets
E-mail,
voicemail,
audio, video
Pictures,
diagrams,
blueprints
AND MORE..
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Public Records Act Request Life Cycle
Request
received by
City Clerk’s
office
Request
Routed to
Department
Department
Provides
Responsive
Records
Clerk’s
Office
Reviews
Records
Records
Provided to
Requester
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We have a brand new Public Records Request Management System! New and Improved Streamlined User-Friendly Modern
https://cityofsanbernardinoca.nextrequest.com/
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How Does Someone Submit a Public Record Request?

1. Go to www.sbcity.org

2. Find and hover over the “Most Popular” section

3. Select “Public Records Request”

4. You will be directed to the NextRequest portal to make your request. 6 Packet Pg.
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Welcome to NextRequest!
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Making a Request
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That’s It!
Any Questions?
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Title: Municipal Code Web Hosting – American Legal Publishing Presented by: Telicia Lopez – Chief Deputy City Clerk
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The San Bernardino Municipal Code
The City of San Bernardino Municipal Code is a
collection of all the existing laws and regulations
that govern the functions and abilities of city
government, city staff, and residents.
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Municipal Code Access
The city currently provides electronic access
to the Municipal Code via the city website as
a PDF.
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Municipal Code Updates and Codification
The PDF document provides 24-hour access
to the municipal code; however, the search
options are limited.
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Beginning June 8, 2023,
American Legal Publishing
will be web hosting the city’s
municipal code online.
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Features of American Legal Publishing
American Legal Publishing offers the following:
• Easy keyword search
• Free accounts to save and track searches
• Alerts for municipal code updates
• Bookmarking
• Annotating
• Municipal Code translation
• Content sharing via link
• Improved printing options
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How to use American Legal Publishing
Access to the municipal code will
be through the city’s website.

All users will have the option to
create a free account, however
and account is not required for
searching the municipal code.
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How to use American Legal Publishing, cont’d
Users will have access all codes hosted by American Legal, including the County of San Bernardino.
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How to use American Legal Publishing cont’d
Users will have the ability to search keywords
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How to use American Legal Publishing cont’d
The search will provide the specific excerpt of text
for the keyword.
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How to use American Legal Publishing cont’d
The results can be shared, bookmarked, annotated,
downloaded, printed and translated.
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Additional assistance available
American Legal offers
many search options.

A short tutorial video will
be available on the city
website to show users how
to utilize the features
offered.
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Questions
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DISCUSSION
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Charles McNeely, Interim City Manager
Mary Lanier, Interim gency Director of Community, Housing, and Economic Development
Department: Community, Housing, and Economic Development (CED) Subject: Discussion on Tenant Protection Options To Protect City Residents Facing Housing Instability (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution 2023-078 Approving a Legal Aid Tenant Protection Pilot Program, and

2. Provide Staff Direction to Continue or Discontinue Further Studies Needed to Develop and Implement a Residential Rent Stabilization Ordinance and Rent Registry.

Background
On October 6, 2021, the City Council first raised the prospect of establishing a local “Tenants Bill of Rights” that would apply City-wide and that would (1) ensure language access by requiring advance notification greater than the current applicable standards and (2) extend current mobile home park rent increase standards to all rental units within the City (All Wards).

On November 2, 2022, Staff went before Council to discuss the Tenant Protection Act of 2019 and to consider the need for further studies related to a Tenants Bill of Rights. The Mayor and City Council heard public comment from those expressing support for tenant protections as well as from landlords who voiced opposition. The direction from Council was for Staff to return with some viable options that provide different levels of tenant

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protection along with potential impacts to the City are outlined in the report for Council’s review.

Discussion
The City has a limited supply of affordable housing. Housing instability threatens community health and safety as evictions cause hardships. The cost of rental application fees and security deposits place stress, anxiety, and a financial burden on individuals and families. Before making recommendations, staff researched existing State laws, spoke to representatives from other cities who have addressed or attempted to address tenant protection rights, reviewed alternative options, and spoke to consultants who specialize in helping cities establish rent control. One of the existing State laws includes the Tenants Bill of Rights also known as Assembly Bill 1482 (AB 1482) which was made into law in January 2019. AB1482 is a suite of legal mechanisms that protect renters from landlord exploitations. These laws work to affirm the rights of renters against hazards, harassment, and displacement and are grounded in the universal right to safe and healthy housing.

AB 1482 establishes a baseline level of protections applicable to tenants state-wide, including protections against unlawful rent increases. For example, AB 1482 caps rent increases at 5% plus the Consumer Price Index (CPI) or 10% (whichever is lower). AB 1482 also provides protections against unlawful evictions. The City, however, may choose to enact additional protections for tenants via a “Tenants Bill of Rights”, such as establishing a Rent Stabilization Ordinance, but the City needs to be aware of existing laws and potential impacts that can have adverse effects on the City’s decision.

Costa-Hawkins Act
Although the State of California has tenant protections under AB 1482, the State must still comply with a pre-existing law known as the Costa-Hawkins Rental Housing Act, which was enacted in 1995. Costa-Hawkins exempts certain kinds of residential rental units (single family homes, condos, and new construction) from rent control ordinances and allows landlords to reset the rental rate on rent-controlled rental units once they become vacant or once the last rent-controlled tenant no longer permanently resides at the unit. Buildings fifteen (15) years or newer are considered new construction and are exempt from rent control. This is meant to encourage builders to build new rental housing without having their income limited by rent control for the first fifteen (15) years. Should the City proceed with rent stabilization, the ordinance must comply with existing State laws to avoid court challenges and lawsuits.

Such is the case in the City of Santa Ana, which adopted a rent control and “just cause” eviction ordinance in November 2022. The city is actively being sued by the Apartment Association of Orange County because its rent control and “just cause” eviction ordinance allegedly violates due process rights established by the Fourth and Fourteenth Amendments to the U.S. Constitution as well as the state constitutional provisions.

Financial Impact
Establishing rent restrictions and just cause eviction regulations with enforcement mechanisms such as a rent review board or individual independent reviewer could cost several million dollars considering the necessary staff, legal support, and size of the City.

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As with other programs of this nature, the City may recover some or all of these costs through rent registration fees which would need to be studied. To get a better understanding of the mechanics involved, Staff spoke with representatives from the City of Pomona, the City of Santa Ana, and the City of Corona. Each of these cities provides some level of rent stabilization. In order to develop a city-wide comprehensive plan that provides tenant protection rights, a consultant with specialized skills and experience is needed. The consultant fee ranges between $400,000-$500,000 annually and the cost to manage and maintain a Rent Stabilization Ordinance averages $600,000 to $3 million annually. Costs are based on population size and scope of work.

Rent Stabilization Ordinance Cost in Nearby Cities
City Estimated Cost
City of Santa Ana $3.1 million
City of Pomona $1 million
City of Corona $2 million
The core activities of managing a rent stabilization ordinance include the following:
•Development and set-up of an internal structure to support a long-term implementation plan (consultant needed)
•Monitoring and enforcement (not provided by consultant) oIt is still required to hire additional staff to monitor and enforce (i.e., Santa Ana hired 25 employees & Pomona is hiring 15)
•Data collection & inventory of rental housing stock
•Rental registry portal (helps the City track building code standards, rental properties, supply needs and cost. Also generates revenue) •Rent Board (mix of tenants and landlords that evaluate fair rents and just cause evictions)
Rental registry generates revenue for the City as landlords are required to register their rental properties, report rental rates, amenities, changes in tenancy, and pay annual registration fees to administer and enforce the program. To offset cost, landlords are allowed to require tenants to pay half of the annual rent registration fee (i.e., $50-$200 per tenant per year), which is determined by a fee cost study.

In order to move forward with developing a Rent Stabilization Ordinance, which requires monitoring and enforcement, Council will need to direct funding from another source (i.e., Measure S or General Fund) to cover the cost as the Housing Division does not have funding to cover expenses.

Upside of Rent Control
There are positive attributes for enacting a rent control ordinance such as: (1) Financial savings for tenants year over year; (2) Rent caps, which will allow tenants to stay in a property for a longer period of time; (3) Increase in housing accessibility for lower income tenants; (4) Tenants less likely to get priced out of their current home and (5) Landlords

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won’t have to deal with vacancy every year because the current tenants will likely renew their lease.

Downside of Rent Control
There are some negative attributes for enacting a rent control ordinance that must also be considered. Due to the limited annual rental increases permitted by law (1) Landlords may choose not to upgrade the property or appliances since the need to attract new tenants is significantly reduced; (2) Landlords will have less money to cover needed maintenance on the property and may choose to defer it as long as possible; (3) Rent controlled apartments and houses tend to fall below market rents, deterring investors; (4) Investors and developers lose the incentive to build new homes and apartments when rent control laws go into place knowing that in 15 years, rent control would apply to their development.

Because a Rent Stabilization Ordinance would limit what landlords can charge for rent on their properties, many landlords are opposed to the idea, and they may challenge the ordinance in a Court of law.

Legal Aid Tenant Protection Pilot
Because the cost to implement a rental stabilization ordinance is significantly high and the City lacks the labor force required to monitor, enforce and oversee day-to-day operations of such an ordinance at this time, staff proposes the option of adopting a “Legal Aid Tenant Protection Pilot” Program (Attachment I) to better serve City residents in the interim or long-term. The Legal Aid Tenant Protection Pilot would initially serve for two (2) years and provide the following:
•Legal Aid Society of San Bernardino (Legal Aid) has the ability to develop a two-year pilot program that would only serve City residents, free of charge, with direct legal representation on matters concerning tenant rights through education and to prevent or avoid displacement and homelessness.
•Add to Legal Aid’s team of housing lawyers, thereby significantly expanding its capacity to serve tenants at risk of eviction and homelessness in the City of San Bernardino (Attachment No. 2).
•Serve an estimated 450-500 tenants annually.

Total cost for the two (2) year Legal Aid Tenant Protection Pilot is $402,730. The City can direct Community Development Block Grant (CDBG) “Public Service” funding to cover cost in both Year 1 ($201,365) and Year 2 ($201,365).

For every dollar invested in eviction prevention, the City will take a proactive approach in improving residential stability and reducing the cost of shelters and homeless services.

Currently, Legal Aid is operating with a skeletal staff, and it only has two (2) full-time attorneys to address the needs of the low-income residents in the City. Legal Aid is in the process of obtaining additional funding to bring on more attorneys, but this pilot program would guarantee additional staff (legal team) strictly for city residents (not the entire

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County). In its commitment to serving vulnerable residents, Legal Aid has also agreed to provide free quarterly Tenant Workshops to City residents and recently held its first workshop (Attachment No. 4) at the Norman F. Feldheym Public Library on March 28 th, 2023. It is important to note that Legal Aide applied for CDBG funds as reported in the Annual Action Plan.

Chase bank has also agreed to provide quarterly Financial Workshops free of charge to residents and will discuss topics related to establishing credit, credit repair and financial literacy to improve homeownership abilities. The first Chase sponsored financial workshop took place on April 18, 2023, at 6 pm at Chase Bank located at 330 N D Street. 2021-2025 Strategic Targets and Goals
Expanding upon AB 1482 or developing a Tenants Bill of Rights aligns with Strategic Target No. 3 Improved Quality of Life as tenants will have improved protections which in turn will promote healthy housing and reduce the risk of homelessness.

Fiscal Impact
The cost of enforcing a rent stabilization ordinance could cost the City millions and there is no way of knowing the exact amount without additional studies. Should the Mayor and City Council adopt a 2-year Tenant Protection Pilot, the City could use its CDBG Public Service allotment totaling $201,365 in Year 1 and $201,365 in Year 2 ($402,730 for both years). It is important to note that CDBG is a reimbursable-based grant therefore, the City will have to incur expenses for the program through the General Fund initially. Once the City reports all expenses for reimbursement to HUD, the funds to General Fund would be replenished.

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

1. Adopt Resolution 2023-078 Approving a Legal Aid Tenant Protection Pilot Program, and

2. Provide Staff Direction to Continue or Discontinue Further Studies Needed to Develop and Implement a Residential Rent Stabilization Ordinance and Rent Registry.

Attachments
Attachment 1 Legal Aid Tenant Protection Pilot
Attachment 2 Resolution 2023-078
Attachment 3 City Options for Tenant Protections PPT
Attachment 4 Tenant Workshop Flyer
Attachment 5 Financial Literacy Workshop

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Ward:

All Wards
Synopsis of Previous Council Actions:

October 6, 2021 Council expressed an interest in forming a Tenants Bill of Rights (All Wards).

November 2, 2022 Council requested further studies related to establishing a local Tenants Bill of Rights.

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LEGAL AID SOCIETY OF SAN BERNARDINO
588 W. Sixth Street, San Bernardino, CA 92410
Telephone: (909) 889-7328; Admin. 381-4633, 889-4811
www. LegalAidofsb.org

A 501(c)(3) Organization ♦ Donations May Be Tax Exempt ♦ EIN #95-1997024 January 25, 2023

EMAIL ONLY
Eydee Jimenez
Project Manager
City of San Bernardino

Dear Ms. Jimenez,
Thank you for allowing the Legal Aid Society of San Bernardino an opportunity to present a Legal Aid Tenant Protection Pilot, which will serve the City of San Bernardino residents. As discussed, the Legal Aid Society of San Bernardino is committed to San Bernardino City residents to prevent homelessness and avoid displacement. Further, as discussed, this is a preliminary and rough memo to outline our proposal. We would be happy to expand and discuss further should the council or you be interested.

Legal Aid Tenant Protection Pilot Program
Legal Aid is proposing a two-year pilot program for consideration to expand services to make them available at no cost for tenants in San Bernardino who may require counsel to assist them in unlawful detainer actions or other related legal services. A two-year pilot is being recommended upfront to account for infrastructure costs related to programming, staffing and space rental.

Advancing a two-year pilot program would allow Legal Aid to add to its team of housing lawyers, significantly expanding its capacity to serve tenants at risk of eviction and homelessness in the City of San Bernardino.

For every dollar San Bernardino invests in eviction prevention, the City stands to realize significant cost savings - tangible financial benefit that will lower current budget spending related to emergency shelter, housing programs (transitional housing, permanent supportive housing, and rapid re-housing programs), health care, foster care, and loss school funding due to disruptive displacement.

Stout, a financial analysis company that has produced extensive tenant protection program reports in several cities, has consistently found that tenant protections save millions more than it costs up front.

Here’s a link https://www.stout.com/en/services/transformative-change-consulting/eviction-right-to- counsel-resources to Stouts compilation of resources related to the eviction protection process, housing instability, racial bias, the impacts and economic cost of eviction.

This pilot program is designed to provide renter assistance and would have two primary components:

• Prevention services - public education/outreach and limited representation, e.g., legal advice for the tenant at the notice stage, negotiation with the landlord before a formal eviction case has been filed.

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• Full scope representation in court, which means the attorney represents the client through all stages of the case, including trial.

Eligibility & Scope of Services

Eligibility
• City of San Bernardino Residents
• Tenants served with a notice to terminate their tenancy. • Tenants served with an unlawful detainer (UD) summons and complaint. • Tenants at imminent risk of receiving a notice or being served with UD. • Tenants in need of post-judgment motions.
• Tenants with habitability/housing quality issues.
• Tenants with utility shut off or other constructive eviction issues. • Tenants in need of assistance or representation with hearings where tenancies are at risk (e.g., Section 8 eligibility, Housing Authority grievance). • Tenants in need of assistance or representation with rent increases, reasonable accommodation requests, and other similar assistance
Scope of services
• Public education/outreach.
• Preparation of legal documents.
• Negotiation with landlords.
• Full scope representation in court or administrative hearings.

At a cost of, $402,730, would include two additional attorneys, two bilingual paralegals, IT, management and overhead. This investment would allow Legal Aid to serve 450-500 tenants annually.

Tenant eligibility: Up to 300% of federal poverty guideline: ($38,280 for one person; $79,500 for a family of 4).

We look forward to discussing this preliminary proposal in greater detail.

If you have any additional questions or need further clarity regarding any issues, please do not hesitate to contact me at (909) 406-5302 or via email at [email protected].

Sincerely,

Pablo Ramirez, ESQ
Executive Director

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Resolution No. 2023-078
Resolution 2023-078
June 7, 2023

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RESOLUTION NO. 2023-078

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING A LEGAL AID TENANT PROTECTION

PILOT PROGRAM TO ASSIST CITY RESIDENTS WITH

LANDLORD-TENANT ISSUES
WHEREAS, the increasing housing rent burden and poverty faced by many residents in the City threatens the health, safety, and welfare of its residents by forcing them to choose between paying rent and providing food, clothing, and medical care for themselves and their families; and WHEREAS, according to the San Bernardino County 2022 Affordable Housing Needs Report published by the California Housing Partnership in May 2022, renters in San Bernardino County need to earn $34.86 per hour (2.3 times the state minimum wage) to afford the average monthly rent of $1,813. Moreover, asking monthly rents in San Bernardino County increased by

13.7% between Q4 2020 and Q1 2021; and
WHEREAS, residents in San Bernardino are facing housing instability related to evictions and staggering rent increases; and
WHEREAS, the Costa-Hawkins Rental Housing Act, California Civil Code section 1954.50, et seq., limits the applicability of local rent stabilization policies, including prohibiting local jurisdictions from applying rent stabilization to certain residential rental properties; and WHEREAS, AB 1482 establishes a baseline level of protections applicable to tenants state-wide, including protections against unlawful rent increases not to exceed 5% plus the Consumer Price Index (CPI) or 10% (whichever is lower) and provides protections against unlawful evictions; and
WHEREAS, an eviction can remain on a renter’s credit history for at least seven years, impacting one’s ability to rent and find employment opportunities; and WHEREAS, a two year Legal Aid Tenant Protection Pilot Program will assist City residents with eviction prevention education, counsel to address unlawful detainer actions, and help to avoid displacements; and
WHEREAS, the City currently does not regulate rental amounts, rent increases, or evictions from residential housing.

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

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

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Resolution No. 2023-078
Resolution 2023-078
June 7, 2023

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SECTION 2.The Mayor and City Council hereby approve and adopt the Legal Aid Tenant Protection Pilot Program as further set forth in Exhibit A to this Resolution with the intend to bring a full contract back to Council for approval at a later date.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of June 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. 2023-078
Resolution 2023-078
June 7, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-078, adopted at a regular meeting held on the 7 th day of June 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk

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Tennant Protection Options
Presented by:

Cassandra Searcy, Deputy Director of Housing and Homelessness

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Introduction
Rental Market Trends Compared to 2022
Average Rents Average Studio Rent Annual Change
Northwest San
Bernardino
$1527 +9%
Northeast San
Bernardino
$1200 +9%
Downtown San
Bernardino
$1050 +12%
Southeast San
Bernardino
$1050 +12%
RentCafe.com
Increase in Rental Rates

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Current State Laws
• AB 1482 “Tenants Bill of Rights”
o In 2019, AB 1482 established a baseline rent increase protections & “wrongful evictions” level of protections applicable to tenants state-wide.
• Costa-Hawkins Act (enacted in 1995)
o Prevents cities from establishing rent control on newer units, single-family homes & condos
o Protects landlords right to raise rent to market rate once a tenant moves out.

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OPTION I-Rent Stabilization Ordinance
A. Limits rental increases on residential real
properties
B. Rent can only be increased once every 12-month
period
C. Measures taken to addresses overpayments
D. Landlords required to pay two months' rent or
withhold collecting rent for two months for” No
Fault” evictions
E. Credit checks limited to no more than 4 per year
(once per quarter)
F. Allows for a reasonable rate of return for owners
and a process for owners to follow
G. Provides for “just-cause” evictions

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Upside of Rent Control
Financial Savings for tenants
Rent Caps
Improved Housing Accessibility
for Lower Income Tenants
Tenants Less Likely to be Priced
Out

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Downside of Rent Control
Due to the limited annual rental increases permitted by law Landlords May Choose Not to
Upgrade
Landlords Will Have Less Money to
Cover Needed Maintenance
Rent Controlled Apartments and
Houses Tend to Fall Below Market
Rents

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Legal Impact
The City should Anticipate Lawsuits
• Apartment Association of Orange County vs the City of Santa Ana • California Apartment Association vs the City of Pasadena • Apartment Association of Greater Los Angeles vs the City of Los Angeles

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OPTION- I FISCAL IMPACT
Establishing rent restrictions and just cause eviction regulations with enforcement mechanisms is costly. The City’s cost estimated at $2.5M-$3M Annually.

Rent Stabilization Ordinance Cost in Nearby Cities
City Cost
City of Santa Ana $3.1 million
City of Pomona $1 million
City of Corona $2 million

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OPTION II-Tenant Protection Pilot Program

1. Legal Aid Society of San Bernardino (Legal Aid) can develop a two-year pilot program that would only serve City residents free of charge with direct legal representation on matters concerning tenant rights through education and legal representation to prevent or avoid displacement and homelessness.

2. Legal Aid’s team of housing lawyers will expand to better handle the capacity of residents at risk of eviction and homelessness in the City of San Bernardino (see Attachment No. 1).

3. Legal Aid will serve an estimated 450-500 tenants annually.

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OPTION II-Fiscal Impact
Total cost for 2-year Tenant Protection Pilot program=
$402,730
• The City’s Housing Division could use CDBG funds to
cover expenses.
• Year 1=$201,365
• Year 2=$201,365
No Fiscal Impact to General Fund

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CURRENT ACTIVITIES

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Recommendations

1. ADOPT RESOLUTION APPROVING A LEGAL AID

TENANT PROTECTION PILOT, AND

2. PROVIDE DIRECTION TO STAFF TO CONTINUE OR

DISCONTINUE FURTHER STUDIES NEEDED TO DEVELOP

AND IMPLEMENT A RESIDENTIAL RENT STABILIZATION

ORDINANCE AND RENT REGISTRY

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Phase I – Surplus Land Declarations
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.

Questions?

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Mary Lanier, Interim Director of Community & Economic
Development
Department: Community, Housing, & Economic Development (CED) Subject: American Rescue Plan Act-Funded Entrepreneurial Development Services and Resource Center (All
Wards)
Recommendation:

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

Background
On March 10, 2021, the United States Congress passed, and on March 11, 2021, President Joseph Biden signed into law, the American Rescue Plan Act (“ARPA”). ARPA established the Coronavirus State Fiscal Recovery Fund (“CSFRF”) and Coronavirus Local Fiscal Recovery Fund (“CLFRF”), together known as the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program, which provides a combined $350 billion in assistance to eligible state, local, territorial, and Tribal governments to help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery. The City of San Bernardino

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was awarded $77 million under ARPA, with $38.5 million received in May 2021 and the remainder of the funds received in 2022.

Since July 2021, the City of San Bernardino participated as one of six cities in the Aspen City Action Lab, an initiative of the Aspen Institute Latinos and Society Program (the “Aspen Institute”). The program was designed to develop initiatives that have the possibility to transform the business ecosystem of the City and create a sustained entrepreneurial infrastructure. A key element of the program was to create a local steering committee comprised of key stakeholders and City staff to develop an actionable investment in the community. The steering committee identified the Entrepreneurial Resource Center (“ERC”) as that actionable investment, where it would “provide a centrally located and easily accessible downtown hub for small business training and technical assistance” to promote “job growth, wealth creation and economic resilience.”
At the February 2, 2022, City Council Meeting, the City Council unanimously approved Resolution No. 2022-26 allocating $5,000,000 for the Small Business and Non-Profit Assistance Grant Program to be spent in the following manner:

1. $3,000,000 – Small Business and Non-Profit Assistance Grant Program

2. $1,000,000 – Aspen Institute Initiative / Entrepreneurial Resource Center

3. $1,000,000 – Small Business Education and Training Resources The $1,000,000 allocation of ARPA funds to the Aspen Institute Initiative was for the development of the Entrepreneurial Resource Center project. During the February 2, 2022, City Council Meeting, the City Council expressed their desire to include funding for small business education and training, with the purpose of educating new and future business owners on how to make their business sustainable in the long-term.

As a result, the City Council made a separate, additional allocation of $1,000,000 specifically for small business education and training, which would be facilitated through the Entrepreneurial Resource Center.

Small Business and Non-Profit Assistance Grant Program Update. The City partnered with the Small Business Development Center to deliver free training and resources to all grant applicants. As of May 31, 2023, the Small Business and Non-Profit Assistance Grant Program has spent $1,185,000 on a total of 48 fully processed grants. An additional 10 grants are currently being processed, totaling approximately an additional $185,000. Approximately an additional 50-60 grants will be processed. $1,630,000 remains to be spent from the total allocation of $3,000,000. Staff anticipates the possibility of approximately $300,000 remaining for the program after all eligible applicants receive funding. With this remaining funding, staff will develop a second round of grant funding to benefit small businesses that were not previously eligible through the first-round funding.

Discussion
The funding required to establish the Entrepreneurial Resource Center and ensuring a minimum operating period of three (3) years is $1,873,700, which exceeds the

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original allocation of $1,000,000. Staff proposes to combine the $1,000,000 that was allocated for small business education and training with the $1,000,000 that was allocated for the Aspen Institute Initiative to develop the ERC. The objective of the ERC is to provide small business education and training, which includes curriculum that promotes long-term business sustainability. Consolidating these two allocations in order to secure the ERC will allow the City to implement the Council’s policy direction regarding assistance for San Bernardino small businesses. The ARPA funding permits assistance to disproportionately impacted small businesses in the form of technical assistance and business incubators.

Entrepreneurial Resource Center (ERC). Since February 2022, City staff has worked with representatives at California State University, San Bernardino to select a site, develop a Memorandum of Understanding, and establish shared funding for the Entreprenurial Resource Center.

The Inland Empire Center for Entrepreneurship (“IECE”) at California State University, San Bernardino will provide resources and support for entrepreneurs and small business owners located in the City of San Bernardino. The goal is to aid aspiring and existing small business owners through business counseling and specialized business assistance programs to help them recover from the pandemic and build sustainable resilience to navigate and survive future economic challenges.

The proposed activities and services will be delivered by IECE’s premier programs – the Inland Empire Small Business Development Center (SBDC) and Women’s Business Center (WBC) – and, in addition to providing new services and programs, will leverage IECE’s existing infrastructure, staff, faculty, and funding support.

Proposed programs will provide training for start-up businesses, financial literacy, digital marketing, technology start-ups, procurement, contracting, and more.

The ERC will provide a centrally located and easily accessible hub for small business training and technical assistance. The ERC will bring together a wide range of entrepreneurial support organizations to provide a complete set of training, technical assistance, and access to resources for small business owners and entrepreneurs in the general service area of the location. It will improve access to resources for all aspiring and existing entrepreneurs, increase the rate of business creation, and foster greater success and long-term sustainability for local small businesses.

The ERC will be anchored by the IECE—one of the largest university-based Centers for Entrepreneurship in the world and the most experienced and comprehensive entrepreneurial technical assistance provider in the Inland Empire —and the globally recognized School of Entrepreneurship (SoE), which remains the first and only school of its kind in the state. The extensive array of entrepreneurial support programs offered by the IECE and SoE encompasses every stage of company formation and growth. Together, the IECE and SoE will work with partner entrepreneurial support organizations to set clear objectives, develop programming, and deliver services with tangible results.

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Key Objectives
•Ensure that all current and aspiring small business owners have consistent access to the resources they need to start and grow their businesses. •Provide long-term small business support that ensures sustainable success. •Address disparities in small business ownership and entrepreneurship through a deliberate focus on Latinos and others from underrepresented groups in the city, and as appropriate, surrounding communities (e.g., Rialto, Highland, Colton, Redlands).
•Increase coordination and collaboration among entrepreneurial support organizations working within the region in order to establish a clear and easy- to-access continuum of support for entrepreneurs and small business owners.

Program Components
The ERC, at its core, will provide both short and long-term business counseling and training services from programs such as the Inland Empire Small Business Development Center (IESBDC), Inland Empire Women’s Business Center (IEWBC) that will assist business owners at every stage of development, from startup to growth. In addition, we plan to provide a range of specialized programs and services (based on need and demand) such as:
•Marketplace Program – Assists entrepreneurs as they move from initial idea to microbusiness launch with tracks for farmers market / craft fair sales (IE Made), e-commerce (California Shop Small-Amazon), wholesale (procurement network), and exports.
•SBDC Eats Program – Six-week program that prepares participants to start and run a food-based business (includes follow-on counseling). •Catapult Business Growth Network – 50-hour intensive for small business owners focused on key concepts and tools proven to drive and manage business growth (includes peer mentoring network).
•Financial Fitness Boot Camp – Four-day workshop for small business owners focused on financial literacy and financial management basics. •Main Street Digital Program – Assists brick-and-mortar businesses interested in having an online presence.
•SBDC Center for Contracting – Helps small businesses with contract readiness and securing contracts.
•UpStarters Discovery Program – Introduces middle and high school students to entrepreneurship fundamentals.
•Startup programs and workshops delivered in Spanish – similar to ones delivered by Association de Emprendedor@s.
•Other entrepreneurial support programs and services based on need/demand.

Cost
Creating the ERC and ensuring a minimum operating period of 3 years will require an investment of approximately $3.84 million (approximately $1.28 million per year). IECE‘s contribution will be $1,969,438.80. This will leverage the IECE and SoE current annual investment of over $600,000 in small business technical assistance resources (staff and

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programs) in addition to the City‘s contribution, allowing for the establishment of the location, performing necessary facility improvements, ongoing space costs, deploying additional staff resources as necessary, and support for partner organizations.

A sustainability plan is in place that will allow the ERC to operate indefinitely following the 3-year initial investment. In addition to seeking ongoing funding through various grants, the intent is to have a planned farmers market, co-working space, incubator, and commercial food kitchen/food lab (if applicable) to generate sufficient revenue at maturity.

Reporting
to cover the annual operating costs.

The IECE will report to the City the following key program metrics on a quarterly basis:
•Clients counseled
•Clients trained
•Jobs supported
•Investment capital received
•Government contracts and certifications received
•Aggregate demographic data of clients served, including gender, ethnicity, veteran status (as reported by clients)
•Aggregate business demographic data – industry type (as reported by clients) •Client success stories
•Additional data, as agreed upon by the IECE and the City of San Bernardino 2021-2025 Strategic Targets and Goals
The use of the American Rescue Plan Funds as outlined aligns Key Target No. 4.

Economic Growth and Development by investing in economic development of local San Bernardino-based businesses.

Fiscal Impact
There is no General Fund fiscal impact associated with the use of American Rescue Plan funds.

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

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Entrepreneurship in an amount not to exceed $1,873,700.00 through December 31, 2026, and signing subsequent, necessary, and related documents to implement the MOU.

Attachments
Attachment 1 San Bernardino - MOU - ARPA Project -
Entrepreneur Resource Center - Final
Attachment 2 Resolution No. 2022-26 Assignment of American Rescue Plan Funds
Attachment 3 Coronavirus State & Local Fiscal Recovery
Funds: Overview of the Final Rule - Assistance to Small Businesses
Ward:

All Wards
Synopsis of Previous Council Actions:

August 4, 2021 Mayor and City Council received a report and discussed the allocation of American Rescue Plan funds.

October 20, 2021 Mayor and Council committed American Rescue Plan funds to eligible projects and programs, and amended the 2021/22 Budget by $8,160,000. Resolution 2021-247
February 2, 2022 Mayor and Council committed American Rescue Plan funds to eligible projects and programs. Resolution 2022-26.

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1 MEMORANDUM OF UNDERSTANDING

BY AND BETWEEN

THE CITY OF SAN BERNARDINO
AND

UNIVERSITY ENTERPRISES CORPORATION AT CSUSB
FOR

ENTREPRENEURIAL DEVELOPMENT SERVICES
This Memorandum of Understanding (“MOU”) is made and entered into as of June 7, 2023, by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and University Enterprises Corporation at CSUSB (“Subrecipient”) on behalf of Inland Empire Center for Entrepreneurship (“IECE”) at California State University San Bernardino. City and Subrecipient are sometimes referred to individually as “Party” and collectively as the “Parties”.

RECITALS
A. WHEREAS, the City has identified Economic Growth and Development as part of its 2020-2025 Key Strategic Targets and Goals with a focus on creating a “21st Century urban core”; and
B. WHEREAS, the City was one of six cities participating in the Aspen City Action Lab, an initiative of the Aspen Institute Latinos and Society Program (“Aspen Institute”); and
C. WHEREAS, through the Aspen City Action Lab, the City of San Bernardino, the Aspen Institute, California State University San Bernardino, New Localism Associates, James Irvine Foundation, and community stakeholders developed the San Bernardino Investment Playbook (“Playbook”) which highlights “actionable investments that advance climate readiness, boost equitable economic growth, and improve daily life for all residents”; and
D. WHEREAS, the Playbook identified the Entrepreneurial Resource Center Project (“the ERC Project”) as an actionable investment to “provide a centrally located and easily accessible downtown hub for small business training and technical assistance” to promote “job growth, wealth creation and economic resilience”; and E. WHEREAS, on March 10, 2021, the United States Congress passed, and on March 11, 2021, President Joseph Biden signed into law, the American Rescue Plan Act (“ARPA”); and
F. WHEREAS, ARPA established the Coronavirus State Fiscal Recovery Fund (“CSFRF”) and Coronavirus Local Fiscal Recovery Fund (“CLFRF”), together

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2 known as the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program, which provides a combined $350 billion in assistance to eligible state, local, territorial, and Tribal governments to help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery; and G. The City received federal funding in the form of the SLFRF under ARPA in response to the coronavirus (“COVID-19”) pandemic. These funds may be used to carry out a wide range of community development activities, including those that benefit local communities; and
H. The Interim Final Rule on SLFRF issued by the Department of the Treasury (“Treasury”) effective May 17, 2021, and the Final Rule issued by the Department of the Treasury effective April 1, 2022, (together the Interim Final Rule and the Final Rule are hereinafter referred to as the “Rule”) provide the rules and guidelines for how the ARPA funds may specifically be spent. Further, the Rule allows for the City to transfer SLFRF funds to a Subrecipient who provides services to those who have experienced a negative economic impact due to the COVID-19 public health emergency; and
I. ARPA states the City may grant subawards to subrecipients for the furtherance of an ARPA eligible use. City desires to make a grant of ARPA SLFRF funds to the Subrecipient, in accordance with the terms of this MOU and all applicable provisions of ARPA, to carry out the ERC Project; and
J. WHEREAS, the proposed work for the ERC Project is more particularly described in Exhibit “A”, attached hereto to this MOU and incorporated herein by this reference and
K. WHEREAS, the Parties wish to enter into this MOU to delineate roles, and responsibilities relative to the ERC Project.

NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, it is mutually understood and agreed by the Parties as follows:

AGREEMENT

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

2. Term. This MOU shall commence on the Effective Date and continue through June 7, 2026, unless the MOU is previously terminated as provided for herein (“Term”).

Subrecipient certifies that the use of funds will be used only to cover expenditures allowed under ARPA and incurred during the Term. Any cost obligated by Subrecipient

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3 as of December 31, 2024, must be expended by December 31, 2026, to meet the eligible costs timeframe as defined by the United States Department of the Treasury.

3. Commencement of Performance. Subrecipient may not obligate or request disbursement of funds, incur any cost, or initiate the ERC Project that are the subject of this MOU until each of the following provisions has been fully satisfied:

3.1 Subrecipient must furnish proof of insurance as required under Section 6 of this MOU.

3.2 City has obtained proof that Subrecipient is registered on SAM.gov and that Subrecipient is not suspended or barred from federally funded programs.

3.3 Subrecipient has provided City with a completed Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. 2020, as issued by the Internal Revenue Service).

3.4 Subrecipient has obtained a business license from the City.

3.5 This MOU is fully executed by the Parties.

3.6 Subrecipient has been issued a “Notice to Proceed” by City.

4. Commitments.

4.1 City Commitments. The City agrees to do the following:

4.1.1 Funding. City shall provide funding to Subrecipient in a total amount not-to-exceed One Million Eight Hundred Seventy-Three Thousand Seven Hundred Dollars and No Cents ($1,873,700.00). Subrecipient will receive 100% of grant funds from City within thirty (30) days of execution of this MOU and submittal of requests for reimbursement is not required unless additional funds are distributed to and/or are sought by Subrecipient. Except as expressly provided in Section 4.1.1 of this MOU, Subrecipient shall not be entitled to, nor receive from City any additional funding or other type of remuneration for services rendered under this MOU. City’s payment to Subrecipient under this MOU is contingent on the availability of program funds and continued federal and state authorization for the funded program activities.

4.1.2 Advise Subrecipient of any changes in its personnel, operation, or policies which may impact the ERC Project;

4.1.3 Provide feedback to Subrecipient on performance of the ERC Project;

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4 4.1.4 Meet with Subrecipient as necessary to conduct strategy, discuss and promote the ERC Project; and

4.2 Subrecipient Commitments. Subrecipient agrees to do the following:

4.2.1 Carry out the ERC Project in accordance with Exhibit “A” of this MOU. This shall include, but not be limited to, the marketing and promotion of the ERC Project to appropriate businesses and entrepreneurs;

4.2.2 Appoint a Program Manager as the liaison between the City and the Subrecipient, who will serve as the point of contact for the ERC Project;

4.2.3 Meet with City officials when needed to conduct strategy, discuss, and promote the ERC Project;

4.2.4 Use ARPA funds strictly in accordance with the ARPA Contract Requirements attached hereto as Exhibit “B,” which are incorporated herein by this reference. To the extent that any provision contained in Exhibit “B” conflicts with any provision of this MOU, Exhibit “B” governs. Any funds expended by Subrecipient in any manner that does not adhere to the ARPA program terms and conditions and this MOU shall be returned or repaid to the City. This includes, but is not limited to, funds paid to Subrecipient: i) in excess of the amount to which Subrecipient is finally determined to be authorized to retain; and ii) that are determined to have been misused. Notwithstanding the foregoing, the Project as described in Exhibit “A”, has been determined to be a proper use of ARPA funds .

4.2.5 Provide long-term small business support for eligible businesses that ensures sustainable success;

4.2.6 Ensure that all eligible current and aspiring small business owners have consistent access to the resources they need to start and grow their businesses;

4.2.7 Address disparities in small business ownership and entrepreneurship through a deliberate focus on underrepresented groups in the city, and as appropriate, surrounding communities;

4.2.8 Increase coordination and collaboration among entrepreneurial support organizations working within the region in order to establish a clear and easy-to- access continuum of support for entrepreneurs and small business owners;

4.2.9 Report to the City the following key program metrics on a quarterly basis:

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5 (1) Clients counseled
(2) Clients trained
(3) Jobs supported
(4) Investment capital received
(5) Government contracts and certifications received
(6) Aggregate demographic data of clients served, including gender, ethnicity, veteran status (as reported by clients) (7) Aggregate business demographic data – industry type (as reported by clients)
(8) Client success stories
(9) Additional data, as agreed upon by the IECE and the City of San Bernardino

4.2.10 Record Inspection. Subrecipient agrees that it shall maintain and make available for inspection all books, records, papers, accounting records, or other documents pertaining to the performance of the ERC Project, including but not limited to, the costs associated with the ERC Project. Subrecipient shall make all such items available at their respective offices at reasonable times during the MOU term and for five years after the termination or expiration of this MOU. Subrecipient agrees that all duly authorized representatives shall have access to the documents during normal business hours.

4.3. Mutual Responsibilities.

4.3.1 Collaborate and develop strategies for the mutual promotion of the ERC Project;

4.3.2 Cooperate and work in good faith in order to accomplish the stated goals of the ERC Project;

4.3.3 After the execution of this MOU, participate in a kick-off meeting to coordinate the initial implementation of the ERC Project; and

4.3.4 Laws and Regulations. Each Party shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of this MOU or any work related to the ERC Project, including all Cal/OSHA requirements, and shall give all notices required by law. Each Party shall be liable for all violations of such laws and regulations in connection with this MOU or any work related to the ERC Project. If either Party performs any of its obligations hereunder knowing that its actions are contrary to such laws, rules and regulations and without giving written notice to the other, the violating Party shall be solely responsible for all costs arising therefrom. The violating Party shall defend, indemnify and hold the other, its officials, directors, officers, employees and agents free and harmless, pursuant to the

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6 indemnification provisions of this MOU, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

5. Indemnification. To the fullest extent permitted by law, Subrecipient shall defend, 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 directly arising out of any alleged acts, errors or omissions, or willful misconduct of Subrecipient, its officials, officers, employees, subcontractors, consultants or agents in connection with this MOU, 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 negligence or willful misconduct of the City, its elected and appointed officials, officers, employees, subcontractors, consultants or agents. Notwithstanding the foregoing, Subrecipient’s indemnification obligations shall still apply if Claims arise out of the negligence or fault of both Subrecipient and City. In instances of comparative fault, the apportionment of damages shall be shared between the Subrecipient and the City based upon the comparative degree of each other’s fault. Subrecipient’s contractual obligations shall not exceed the percentage of the damages attributable to Subrecipient’s fault. Subrecipient'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.

Subrecipient’s indemnification obligation shall survive for a period of four (4) years after the expiration or earlier termination of this MOU.

To the fullest extent permitted by law, City shall defend, indemnify and hold the Subrecipient, its 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 directly arising out of any alleged acts, errors or omissions, or willful misconduct of City, its elected and appointed officials, officers, employees, subcontractors, consultants or agents in connection with: (1) potential misrepresentations made by the City under this MOU and (2) Claims arising out of the City’s interpretation of the rules and regulations related to ARPA funding under this MOU, 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 negligence or willful misconduct of the Subrecipients officials, officers, employees, subcontractors, consultants or agents. Notwithstanding the foregoing, City’s indemnification obligations shall still apply if Claims arise out of the negligence or fault of both City and Subrecipient. In instances of comparative fault, the apportionment of damages shall be shared between the City and the Subrecipient

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7 based upon the comparative degree of each other’s fault. City’s contractual obligations shall not exceed the percentage of the damages attributable to City’s fault. City’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Subrecipient, its employees, or authorized volunteers. City’s indemnification obligation shall survive for a period of four (4) years after the expiration or earlier termination of this MOU.

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

6.1 Additional Insured
The City of San Bernardino shall be named as additional insureds on Subrecipient’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

6.2 Commercial General Liability

6.2.1 The Subrecipient shall take out and maintain, during the performance of all work under this MOU, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.

6.2.2 Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.

6.2.3 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

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8 (8) Broad Form Property Damage
(9) Independent Consultants Coverage

6.2.4 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 MOU.

6.2.5 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.

6.2.6 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.

6.3 Automobile Liability

6.3.1 At all times during the performance of the work under this MOU, the Subrecipient 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.

6.3.2 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).

6.3.3 The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.

6.3.4 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.

6.4 Workers’ Compensation/Employer’s Liability

6.4.1 Subrecipient 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 MOU.

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9 6.4.2 To the extent Subrecipient has employees at any time during the term of this MOU, at all times during the performance of the work under this MOU, the Subrecipient shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this MOU, 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. Subrecipient shall require all subcontractors to obtain and maintain, for the period required by this MOU, workers’ compensation coverage of the same type and limits as specified in this section.

6.5. Minimum Policy Limits Required.

6.5.1 The following insurance limits are required for the MOU:

6.5.2 Defense costs shall be payable in addition to the limits.

6.5.3 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 MOU.

6.6 Evidence Required
Prior to execution of the MOU, the Subrecipient 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

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10 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.

6.7 Policy Provisions Required

6.7.1 Subrecipient shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this MOU, except that the Subrecipient 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 MOU, the Subrecipient 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.

6.7.2 The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Subrecipient’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.

6.7.3 The retroactive date (if any) of each policy is to be no later than the effective date of this MOU. Subrecipient shall maintain such coverage continuously for a period of at least three years after the completion of the work under this MOU.

Subrecipient shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this MOU; 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 MOU.

6.7.4 All required insurance coverages 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 Subrecipient or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Subrecipient hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

6.7.5 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 Subrecipient from liability in excess of such coverage, nor shall it limit the Subrecipient’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 MOU or law.

6.8 Qualifying Insurers

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11 6.8.1 All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:

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.

6.9. Additional Insurance Provisions

6.9.1 The foregoing requirements as to the types and limits of insurance coverage to be maintained by Subrecipient, 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 Subrecipient pursuant to this MOU, including, but not limited to, the provisions concerning indemnification.

6.9.2 If at any time during the life of the MOU, any policy of insurance required under this MOU 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 Subrecipient or City will withhold amounts sufficient to pay premium from Subrecipient payments. In the alternative, City may cancel this MOU.

6.9.3 The City may require the Subrecipient to provide complete copies of all insurance policies in effect for the duration of the ERC Project.

6.9.4 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 MOU.

6.10 Subcontractor Insurance Requirements. Subrecipient 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 Subrecipient, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

7. Force Majeure. In addition to specific provisions of this MOU, performance by either Party hereunder shall not be deemed to be in default, or considered to be a

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12 default, where delays or defaults are due to the force majeure events of war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes or lack of transportation, weather-caused delays, inability to secure necessary labor, materials or tools, delays of any contractors, subcontractor or supplier, which are not attributable to the fault of the Party claiming an extension of time to prepare or acts or failure to act of any public or governmental agency or entity. Delays encountered by either Party in obtaining governmental actions, reviews, approvals and permits shall not be deemed to be an enforced delay or a force majeure event pursuant to this Section. An extension of time for any such force majeure event shall be for the period of the enforced delay and shall commence to run from the date of occurrence of the delay; provided, however, that the Party that claims the existence of the delay has first provided the other Party with written notice of the occurrence of the delay within seven (7) calendar days after the commencement of such occurrence or delay. A Party’s failure to timely submit such notice of the occurrence of the delay pursuant to this Section shall be precluded from asserting the occurrence of an enforced delay or force majeure event.

8. Termination.

8.1 Termination for Convenience. Either City or Subrecipient may terminate this MOU at any time without cause by giving the other written notice of the date of termination at least 30 calendar days before. If this MOU is terminated as provided herein, Subrecipient will return unexpended and unobligated balance of ARPA funds provided to Subrecipient under to this MOU to City within thirty (30) calendar days.

8.2 Termination for Cause. If for any reason, Subrecipient fails to fulfill in a timely and proper manner its obligation under this MOU, or if Subrecipient violates any of the covenants of this MOU, City has the unilateral right to terminate this MOU by giving Subrecipient written notice at least five calendar days before termination. The notice must refer to this clause, specify the nature of the alleged default, and specify the effective date of the termination. If this MOU is terminated as provided herein, Subrecipient will return unexpended and unobligated balance of ARPA funds provided to Subrecipient under to this MOU to City within thirty (30) calendar days.

9. Miscellaneous Provisions.

9.1. Captions. Any captions to, or headings of, the sections or subsections of this MOU are solely for the convenience of the parties, are not a part of this MOU, and shall not be used for the interpretation or determination of the validity of this MOU or any provision hereof.

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13 9.2. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this MOU shall not be deemed to confer any rights upon, or obligate the parties, to any person or entity other than the parties hereto.

9.3. Notice. Any notice or instrument required to be given or delivered by this MOU 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
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Nathan Freeman, Agency Director of
Community, Housing, and Economic
Development
With Copy To:

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

Inland Empire Center for Entrepreneurship
at California State University, San
Bernardino
Jack H. Brown Hall, 5500 University Pkwy,
San Bernardino, CA 92407
Attn: Dr. Michael Stull
With Copy to:

University Enterprise Corporation
California State University, San
Bernardino
5500 University Parkway
San Bernardino, CA 92407
Attn: Diane Trujillo

9.4. Laws and Venue. This MOU 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 MOU, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

9.5. Entire MOU. This MOU, including exhibits, represents the entire understanding of City and Subrecipient 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 MOU.

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14 9.6. Resolution of Disputes.

9.6.1 Disputes regarding the interpretation or application of any provision of this Agreement must, to the extent reasonably feasible, be resolved through good- faith negotiations between the Parties.

9.6.2 In the event that litigation is brought by any Party in connection with this MOU, 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.

9.7. Severability. If any provision of this MOU 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 MOU shall remain in full force and effect.

9.8. Successors and Assigns. This MOU shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this MOU. However, Subrecipient 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.

9.9. 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 MOU 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 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.

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

9.11. Counterparts. This MOU 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 MOU.

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15 9.12. Independent Contractor. Subrecipient is an independent contractor. As such, Subrecipient has no power or authority to incur any debt, obligation, or liability on behalf of City. Further, neither Subrecipient nor anyone working on its behalf is not entitled to any benefit typically associated with an employee such as medical, sick- leave, or vacation benefits.

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

9.14. Electronic Signature. Each Party acknowledges and agrees that this MOU may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature

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16 SIGNATURE PAGE FOR MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SAN BERNARDINO

AND UNIVERSITY ENTERPRISES CORPORATION AT CSUSB
IN WITNESS WHEREOF, the Parties have executed this MOU as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E McNeely
Interim City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

SUBRECIPIENT
University Enterprises Corporation at
CSUSB
Signature
Name
Title

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17 EXHIBIT “A”

ENTREPRENEURIAL DEVELOPMENT SERVICES
The following programs and activities from the Inland Empire Center for Entrepreneurship (IECE) at California State University San Bernardino will provide resources and support for entrepreneurs and small business owners located in the City of San Bernardino. The goal is to aid aspiring and existing small business owners through business counseling and specialized business assistance programs to help them recover from the ongoing and residual effects of the pandemic and build sustainable resilience to navigate and survive future economic challenges.

The proposed activities and services will be delivered by our premier programs – the Inland Empire Small Business Development Center (SBDC) and Women’s Business Center (WBC) – and in addition to providing new services and programs, will leverage our existing infrastructure, staff, faculty and funding support. Thus, the City is investing in a well-established program and leveraging a wide range of State and Federal funds currently invested in the IECE.

Total Project Cost: $ $3,843,138.77 (average annual cost - $1.28 million) Funding Requested: $1,873,699.97
Funding period: 3 years

1. Entrepreneurial Resource Center (ERC)
Project Overview
Historically there has been a lack of coordination among the roughly two dozen organizations working to support entrepreneurship in the Inland Empire. While some of the smaller entities leverage the programs and resources of larger, better-established organizations, most work in relative isolation and lack the capacity to meet the changing needs of entrepreneurs as they move from initial idea to business launch. These coordination deficits result in duplicative efforts and disjointed programming that can be difficult to access and navigate.

The Entrepreneurial Resource Center (ERC) will provide a centrally located and easily accessible hub for small business training and technical assistance. The ERC will bring together a wide range of entrepreneurial support organizations to provide a complete set of training, technical assistance, and access to resources for small business owners and entrepreneurs in the general service area of the location. It will improve access to resources for all aspiring and existing entrepreneurs, increase the

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18 rate of business creation, and foster greater success and long-term sustainability for local small businesses.

The ERC will be anchored by the IECE—one of the largest university-based Centers for Entrepreneurship in the world and the most experienced and comprehensive entrepreneurial technical assistance provider in the Inland Empire —and the globally recognized School of Entrepreneurship (SoE), which remains the first and only school of its kind in the state. The extensive array of entrepreneurial support programs offered by the IECE and SoE encompasses every stage of company formation and growth. Together the IECE and SoE will work with partner entrepreneurial support organizations to set clear objectives, develop programming, and deliver services with tangible results.

Historically entrepreneurial support organizations in the region have worked largely in isolation, though a small number have focused on leveraging the programming and resources of larger, more established organizations. The ERC will convene these actors in order to create a well-defined and well- coordinated continuum of services capable of supporting businesses across their entire lifecycle. It will also work with the potential Supply SB supplier (part of the San Bernardino Investment Playbook) diversity initiative to connect local Latino and Black vendors to contract-readiness programming and procurement-focused sales opportunities.

Key Objectives of the ERC
•Ensure that all current and aspiring small business owners have consistent access to the resources they need to start and grow their businesses.
•Provide long-term small business support that ensures sustainable success.
•Address disparities in small business ownership and entrepreneurship through a deliberate focus underrepresented groups in the city, and as appropriate, surrounding communities (e.g., Rialto, Highland, Colton, Redlands).
•Increase coordination and collaboration among entrepreneurial support organizations working within the region in order to establish a clear and easy-to-access continuum of support for entrepreneurs and small business owners.

Location, Size, and Scope
The target location for the ERC is the Chase Building in downtown San Bernardino.

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19 Facility size: approximately 5,000 square feet, to include: Private office space:
9 offices for IECE and partner organizations
Number of people working in the facility (including administrative staff): 10-15 Cohort-focused programs: 50 per cohort, offered quarterly in English and Spanish
Foot traffic (drop-in public events, use of meeting space, etc.): 2,500 served each year, 10 percent of which will be drop-in traffic.

Program Components
The ERC, at its core, will provide both short and long-term business counseling and training services from programs such as the Inland Empire Small Business Development Center (IESBDC), Inland Empire Women’s Business Center (IEWBC) that will assist business owners at every stage of development, from startup to growth. In addition, we plan to provide a range of specialized programs and services (based on need and demand) such as:
•Marketplace Program – Assists entrepreneurs as they move from initial idea to microbusiness launch with tracks for farmers market / craft fair sales (IE Made), e-commerce (California Shop Small-Amazon), wholesale (procurement network), and exports.
•SBDC Eats Program – Six-week program that prepares participants to start and run a food-based business (includes follow-on counseling). •Catapult Business Growth Network – 50-hour intensive for small business owners focused on key concepts and tools proven to drive and manage business growth (includes peer mentoring network). •Financial Fitness Boot Camp – Four-day workshop for small business owners focused on financial literacy and financial management basics. •Main Street Digital Program – Assists brick-and-mortar businesses interested in having an online presence.
•SBDC Center for Contracting – Helps small businesses with contract readiness and securing contracts.
•UpStarters Discovery Program – Introduces middle and high school students to entrepreneurship fundamentals.
•Startup programs and workshops delivered in Spanish – like ones delivered by Association de Emprendedor@s.
•Other entrepreneurial support programs and services based on need/demand.

IECE estimates that more than 2,500 small businesses will be served annually through the ERC, with small business owners receiving access to free business counseling, training and mentoring programs.

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20 Cost
To create the ERC and ensure a minimum operating period of 3 years will require an investment of approximately $3.84 million (approximately $1.28 million per year). This will leverage the IECE and SoE current annual investment of over $600,000 in small business technical assistance resources (staff and programs) in addition to the City contribution as provided for in this MOU, and allow for establishment of the location, performing necessary facility improvements, and ongoing space costs, deploying additional staff resources necessary, and support for partner organizations. A sustainability plan is in place that will allow the ERC to operate indefinitely. In addition to seeking ongoing funding through various grants, the intent is to have the planned farmers market; co-working space, incubator and commercial food kitchen/food lab (if applicable) generate sufficient revenue at maturity to cover the annual operating costs.

Reporting
The IECE will report to the City the following key program metrics on a quarterly basis:
•Clients counseled
•Clients trained
•Jobs supported
•Investment capital received
•Government contracts and certifications received
•Aggregate demographic data of clients served, including gender, ethnicity, veteran status (as reported by clients)
•Aggregate business demographic data – industry type (as reported by clients)
•Client success stories
•Additional data, as agreed upon by the IECE and the City of San Bernardino

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22 EXHIBIT B

ARPA CONTRACT REQUIREMENTS

1. COMPLIANCE WITH FEDERAL LAWS AND REGULATIONS

1.1 Subrecipient agrees that it undertakes hereby the same obligations to City that City has undertaken to Treasury by way of City's acceptance of ARPA funds. The obligations thus undertaken by Subrecipient include, but are not limited to, the obligation to comply with Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021, the United States Department of the Treasury Coronavirus State Fiscal Recovery Fund Award Terms and Conditions, the Rule, and the following federal laws and regulations:
(A) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to ARPA and subject to such exceptions as may be otherwise provided by Treasury. This includes ensuring that any procurements using ARPA funds are consistent with the procurement standards in the Uniform Guidance at 2 CFR 200.317 through CFR 200.327, as applicable;
(B) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, including Appendix A to 2 C.F.R. Part 25; (C) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, including Appendix A to 2 C.F.R. Part 170; (D) United States Office of Management and Budget (“OMB”) Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19;
(E) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R.

Part 20;
(F) New Restrictions on Lobbying, 31 C.F.R. Part 21;
(G) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§4601-4655) and implementing regulations;

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23 (H) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; (I) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), 4 which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability;
(J) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibit discrimination on the basis of disability under any program or activity receiving federal financial assistance; (K) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
(L) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or
instrumentalities or agencies thereto.

1.2 Subrecipient further agrees to comply with all environmental, procurement, construction, and other guidelines provided by City.

1.3 Subrecipient will obtain all necessary permits and licenses that are necessary for its performance under this MOU.

1.4 Failure to meet established performance goals and standards or non-compliance with applicable rules and regulations constitutes non-compliance with the terms of this MOU. City is entitled to avail itself of one or more of the following remedies to address noncompliance:
(A) Temporarily withhold cash payments pending correction of deficiencies by Subrecipient;
(B) Disallow all or part of the cost of the activity or action not in compliance
(C) Wholly or partly suspend or terminate the current award for Subrecipient's program;
(D) Withhold further awards for the program; or
(E) Take other remedies that may be legally available.

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24 2. SUBCONTRACTS
Subrecipient will incorporate the same or substantially equivalent requirements as are contained in this MOU (with exception for Commercial General Liability coverage which may be satisfied with $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage) in many subcontracts that utilize any ARPA funds or that support any ARPA funded project covered by this MOU. Notwithstanding the requirements of this Agreement, some subcontractors may be small, disadvantaged businesses and unable to meet the insurance requirements as defined above. In the event a potential subcontractor cannot meet the insurance requirements contained in this MOU, Subrecipient shall seek City’s consent to allow deviation from the standard insurance requirements. All subcontractors will meet the minimum statutory requirements necessary to conduct business in the state of California. When a project utilizes ARPA funds and funds from other sources, all funds are subject to ARPA regulations. Subrecipient, by entering into a subcontract for performance of any portion of its ARPA funded program, is not relieved of its responsibilities to City as set forth in this MOU.

3. NON-DISCRIMINATION/GRIEVANCE PROCEDURES

3.1 No person with responsibilities in the operation of any project under this MOU may discriminate because of race, creed, color, national origin, age, sex, political affiliation, handicap, beliefs, or marital or familial status.

3.2 Subrecipient will ensure that every effort is made to provide equal opportunity to every potential minority and women's business vendor, contractor, and subcontractor.

4. STANDARD OF CONDUCT/CONFLICT OF INTEREST AND LOBBYING

4.1 No member, officer or employee of Subrecipient or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any function or responsibility with respect to the program during that person’s tenure, may have any direct interest, in any contract or subcontract, or the process thereof which conflicts with the work to be performed in connection with the programs activities assigned under this MOU.

4.2 By entering into this MOU, Subrecipient certifies that:
(A) No federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal

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25 loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant loan, or cooperative agreement. (B) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, Subrecipient must complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, and other federal disclosure forms as requested.
(C) Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients certify and disclose accordingly.

4.3 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

5. FISCAL CONTROL

5.1 Subrecipient is responsible for the internal control and monitoring of fiscal and programmatic/operational goals and procedures. Subrecipient will establish such fiscal controls and fund accounting procedures as required by federal regulations, or as may be deemed necessary by the City to assure the proper disbursal of, and accounting for, funds paid to Subrecipient under this MOU. Subrecipient must maintain separate accounts within established bookkeeping systems for ARPA funds.

5.2 Subrecipients subject to Title 2 CFR Part 200 must deposit funds in an account requiring two signatures for disbursement and submit to City specimen signatures for all authorized signatories prior to receipt of funds.

5.3 City will pay Subrecipient progress payments at the time and in the manner set forth in the MOU. Payment by City is not to be construed as final in the event that Treasury disallows reimbursement for the Project or any portion thereof. Subrecipient will submit reasonable back-up documentation as specified by City with request for payment.

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26 5.4 Subrecipient is liable for all amounts that are determined to be due by Treasury including, but not limited to, disallowed costs that are the result of Subrecipient's or its contractor's conduct under this MOU.

5.5 City will notify Subrecipient in writing regarding any controversy or proceeding between City and Treasury arising from this MOU. Subrecipient will be permitted to respond regarding the controversy or proceeding.

5.6 All financial transactions must be supported by complete and verifiable source documents. Records must provide a clear audit trail.

6. REVERSION OF ASSETS

6.1 Funds. Upon expiration of this MOU, Subrecipient will transfer to City any remaining ARPA funds in Subrecipient's control at the time of expiration of this MOU.

6.2 Equipment. If Subrecipient has used ARPA funds to purchase tangible, nonexpendable, personal property having a useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit, Subrecipient may use such equipment for the purpose for which it was acquired as long as needed for the program or project described in this MOU. When no longer needed for the original program or project, the equipment must be returned to the City.

6.3 Real Property. If Subrecipient has used ARPA funds to purchase real property, and Subrecipient sells or otherwise disposes of such real property, Subrecipient shall return the ARPA-share of the purchase to City. The ARPA-share shall be computed by applying the percentage of ARPA funds that went toward the cost of the original purchase (and costs of any improvements) multiplied by the fair market value of the property at the time of sale by the Subrecipient.

7. REQUESTS FOR TECHNICAL ASSISTANCE
Subrecipient will refer to the City any regulatory or procedural questions regarding operation of its ARPA-funded Services. All formal requests for technical assistance must be submitted in writing. Requests should specify the problem area, particular assistance being requested and proposed solution if applicable. Informal questions regarding day-to-day program operation may be directed to the designated City representative.

8. RECORDS AND REPORTS

8.1 Subrecipient understands and agrees that City may, at any time, request additional information that may be required for the purpose of making

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27 necessary reports to Treasury, or for otherwise evaluating Subrecipient's progress and performance under this MOU. In the event of such requests, Subrecipient will comply by providing the appropriate data within 10 working days from the date of any such request.

8.2 Subrecipient further understands and agrees that the records and additional information described in this section must be retained on a continuing basis for a period of five (5) years after this MOU has expired.

9. CONTRACT RESPONSIBILITY FOR MONITORING AND RECORDS

9.1 City, designated representatives of City, and other appropriate officials must have access to all personnel records, management information, and fiscal data of Subrecipient and any agency or contractor with whom Subrecipient executes a subcontract necessary to carry out any ARPA-funded Services for monitoring purposes. Subrecipient will respond in a timely manner to all identified corrective actions Subrecipient will submit to City all required reports and monitoring corrective action plans on a timely basis, as delineated by City. Records must be maintained as follows:

9.2 Subrecipient agrees to retain all pertinent records under ARPA, including financial records, until advised by City that further retention is unnecessary.

Records must be open and available for inspection by auditors and other staff assigned by City during the normal business hours of Subrecipient.

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21 U.S. DEPARTMENT OF THE TREASURY

Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

Assistance to Small Businesses

Small businesses have faced widespread challenges due to the pandemic, including periods of shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses where pre-existing disparities like lack of access to capital compounded the pandemic’s effects.

Small businesses eligible for assistance are those that experienced negative economic impacts or disproportionate impacts of the pandemic and meet the definition of “small business,” specifically:

1. Have no more than 500 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and

2. Are a small business concern as defined in section 3 of the Small Business Act8 (which includes, among other requirements, that the business is independently owned and operated and is not dominant in its field of operation).

Impacted Small Businesses

Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many ways; for example, recipients could consider:
✓ Decreased revenue or gross receipts
✓ Financial insecurity
✓ Increased costs
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to small businesses that experienced negative economic impacts includes the following enumerated uses:
✓ Loans or grants to mitigate financial
hardship, such as by supporting payroll
and benefits, costs to retain employees,
and mortgage, rent, utility, and other
operating costs
✓ Technical assistance, counseling, or other
services to support business planning

Disproportionately Impacted Small Businesses

Treasury presumes that the following small businesses are disproportionately impacted by the pandemic:

8 15 U.S.C. 632.

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22 U.S. DEPARTMENT OF THE TREASURY

Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule U.S. Department of the Treasury

✓ Small businesses operating in Qualified
Census Tracts
✓ Small businesses operated by Tribal
governments or on Tribal lands
✓ Small businesses operating in the U.S.
territories
Assistance to disproportionately impacted small businesses includes the following enumerated uses, which have been expanded under the final rule:
✓ Rehabilitation of commercial properties,
storefront improvements & façade
improvements
✓ Technical assistance, business incubators &
grants for start-up or expansion costs for
small businesses
✓ Support for microbusinesses, including
financial, childcare, and transportation costs

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: June 7, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
By: Mary Lanier, Interim Agency Director of Community,
Housing, and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Appeal 23-01 of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-060 denying Appeal 23-01 thereby upholding the Planning Commission’s denial of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 not allowing the development, establishment, and operation of a market with a new Alcohol Beverage Control Type 21(Off-Sale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres located at 1820 W. 5th Street (APN: 0138-081-19) within the Commercial General (CG-1) zone (Attachment 1).

Background
Staff received a request to allow the development, establishment, and operation of a market with an Alcoholic Beverage Control Type 21 (Off-Sale General) License within an existing building, containing approximately 2,024 square feet, on a parcel containing approximately 0.45 acres. The project site is located at 1820 West 5th Street between N. Medical Center Drive and N. Rancho Avenue, APN: 0138-081-18-0000, within the Commercial General-1 (CG-1) in Ward 1.

On January 10, 2023, the Planning Commission considered a request to allow the development, establishment, and operation of the proposed Mikey’s Market. After public comment and discussion, the Planning Commission voted to adopt Resolution No. 2023-002 denying Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 not allowing the development, establishment, and operation of

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a market with a new Alcohol Beverage Control Type 21(Off-Sale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres.

On January 19, 2023, the applicant submitted Appeal 23-01 to appeal the Planning Commission’s denial.

Discussion
The subject site is located within Census Tract 43.02 where the California Department of Alcoholic Beverage Control (ABC) license concentration standards allow for a maximum of three (3) off-sale licenses. There are currently five (5) existing active off- sale licenses within this census tract resulting in an “over concentration” of two (2) off- sale ABC licenses.

Per Section 19.02.050 (Definitions) of the City of San Bernardino Development Code, a Convenience Store is defined as the retail sale of groceries, staples, sundry items, and/or alcoholic beverages where the gross floor area is less than 5,000 square feet.

Mikey’s Market is proposed at approximately 2,024 square feet, which by definition is categorized as a convenience store.

Per Section 19.06.025 (Prohibited Uses) of the City of San Bernardino Development Code, the establishment and operation of a convenience store, if located within a one- mile radius of another convenience store, is prohibited. Mikey’s Market would be approximately 2,700 linear feet in distance from the nearest convenience store (West Side Food and Liquor), and approximately 3,500 linear feet from another convenience store (Rancho Ria Liquor). As such, the proposed Mikey’s Market would not satisfy the distancing requirements for convenience stores per Development Code requirements.

Per Section 19.06-Article II (Conditional Use Permits for New Alcoholic Beverage Sales Activities)-Section III-(Locational Restrictions) (A) (2)), a new alcoholic beverage sales activity is not permitted within 500 feet of certain sensitive land uses such as a public parks, playgrounds, recreational areas, or youth facilities, including nursery schools, preschools, or day-care facilities. Mikey’s Market would be 480 linear feet from Nunez Park and the Ruben Campos Community Center (Day Care), which would not satisfy Development Code requirements concerning location restrictions.

Lastly, the San Bernardino Police Department has reviewed the application for the proposed new ABC Type-21 License for the proposed Mikey’s Market and has conducted an investigation based on the information provided and crime statistics within the surrounding area (Attachment 4). The Police Department has indicated that there are a total of 219 reporting districts within the City, and that there was an average of 68 crimes per reporting district during the course of the past year. It was determined that the subject reporting district had a total of 91 crimes within a one-year period at the proposed location which only equates to 0.6% versus the City-wide average of 68 crimes per reporting district throughout the City and does not exceed the average percentage to recommend denial. However, the Police Department has not provided a

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formal recommendation of approval or denial.
2021-2025 Strategic Targets and Goals
Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 does not align with Key Target No. 3: Improved Quality of Life. The proposed new ABC Type-21 (Off-Sale General: Beer, Wine, and Distilled Spirits) License in conjunction with the proposed project (Mikey’s Market) may result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area.

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

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-060 denying Appeal 23-01 thereby upholding the Planning Commission’s denial of Conditional Use Permit 21-18 and Public Convenience or Necessity Letter 21-07 not allowing the development, establishment, and operation of a market with a new Alcohol Beverage Control Type 21(Off-Sale General) License within an existing building containing approximately 2,024 square feet (Mikey’s Market) on a parcel containing 0.45 acres located at 1820 W. 5th Street (APN: 0138-081-19) within the Commercial General (CG-1) zone (Attachment 1).

Attachments
Attachment 1 Resolution 2023-060 (Denial of AP23-01)
Attachment 2 Resolution 2023-060, Exhibit “A” Plans
Attachment 3 Executed Planning Commission Resolution 2023-002 (Denial of CUP21-18 and PCN 21-07)
Attachment 4 SBPD Staff Report Attachment 5 – SBPD Staff Report Attachment 5 Presentation
Attachment 6 Newspaper Publication

Ward:

First Ward
Synopsis of Previous Council Actions:

May 3, 2023 At the regularly scheduled Mayor and City Council Meeting the item was pulled from the agenda.

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Resolution No. 2023-060
Resolution No. 2023-060
June 7, 2023

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Mayor and City CouncilJune 7, 2023

Mayor and City Council
June 7, 2023