Agenda packet — Mayor and City Council, June 21, 2023 (part 2 of 6)

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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 81 of 99 All completed copies of executed amendments shall be attached to the PO in the Financial System.

6. When purchasing conducts, a bid, purchasing is responsible for drafting the contract. Please provide the Buyer with the Following information:
a. Annual Cost for the contract
b. Whether or not it is a multiple year contract
c. If Council approval is required, please provide the date of the meeting, item number, and annotated page showing approval.

Please do not upload contracts to DocuSign that have been processed by the Purchasing Division, that is Purchasing’s responsibility.

7. When using DocuSign, Contract will be uploaded into DocuSign and the contract will go through the internal process for signatures and the vendor’s email is added in order to obtain their electronic signature.

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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 82 of 99 City Approved Agreements
Template Title Purposes Insurance Requirements Bonds
Contract Amendment To amend Terms and Conditions in an
executed agreement
Insurance requirements are based on
original Agreement
N/A
Contract Extensions To extend the terms and conditions of an agreement
Insurance requirements are based on
original Agreement
N/A
Design Build Agreement For single projects with turnkey design and construction
Commercial General Liability (CGL)
Contract Price Amt of Liability Ins (occ.)
$0 - $2mil $2 mil
$2mil - $5mil $3 mil
$5mil - $10mil $5 mil
$10mil - $20 mil $10 mil
Automobile $5 mil per accident
Workers Comp. $1 mil
Professional Liability $2 mil
Performance
Bond
Payment Bond
Design Services Agreement For Professional Design Services Only CGL $2mil per occ/$4 mil aggregate Automobile $1 mil per occ
Employers Liability $1 mil per occ
Professional Liability $2 mil per
claim/Aggregate
Performance
Bond
Payment Bond
Encroachment Agreement To document City’s authorization of the Permittee’s encroachment onto City’s
Property
Insurance Requirements is dependent on
Scope of Work contained in the
agreement and Permit shall not take
effect or become binding on City until
Permittee has complied with the
insurance requirements.

N/A
Goods Purchase Agreement Is to purchase all machinery,
equipment, supplies, items, parts,
materials, labor or other services,
including design, engineering and
installation services. Delivery Date(s)
upon which the goods are to be
delivered to the City, ready for
approval, testing and/or use.

CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Comp $1 mil per occ
Professional Liability $2 mil per
claim/Aggregate
N/A
Lease Agreement – City as
Lessee
For City the pay Lessor rent for a
property for a premises, for an
extended period of time
Insurance requirements are based on the
intended use of the rental property
N/A
Lease Agreement – City as
Lessor
For city to rent out city owned property
to a Lessee for an extended period of
time.

CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Comp $1 mil per occ
N/A
License Agreement City owned real property in which a
Licensee desires to obtain CITY’S
permission to enter onto the Property
for a specified period of time.

CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Comp $1 mil per occ
N/A
Long Form Construction
Specifications
Complex/High Risk/High Value
Construction Projects
CGL $5mil per occ/$10 mil aggregate
Automobile $5 mil per occ
Workers Comp $1 mil per occ
Professional Liability $2 mil per
claim/Aggregate
Performance
Bond
Payment Bond
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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 83 of 99 Template Title Purposes Insurance Requirements Bonds
Builder’s Risk
Contractor’s Pollution Liability $1 mil per
occ/ $2 mil aggregate
Maintenance Services
Agreement

1. Routine, recurring, and usual work for
the preservation or protection of any
publicly owned or publicly operated
facility for its intended purposes.

2. Minor repainting

3. Resurfacing of streets and highways
at less than one inch.

4. Landscape maintenance, including
mowing, watering, trimming, pruning,
planting, replacement of plants, and
servicing of irrigation and sprinkler
systems.

5. Work performed to keep, operate,
and maintain publicly owned water,
power, or waste disposal system,
including, but not limited to, dams,
reservoirs, powerplants, and electrical
transmission lines of 230,000 volts and
higher.

CGL:
$2 mil per occ/$4 mill aggregate.

Limits may be increased if work involved
Construction $5mil per occ/$10 mil
aggregate.

Automobile $1 mil per occ
Workers Comp $1 mil per occ
Professional Liability $2 mil per
claim/Aggregate
Builder’s Risk
Contractor’s Pollution Liability $1 mil per
occ/ $2 mil aggregate
Performance
Bond
Payment Bond
Nuisance Abatement
Services Agreement
Nuisance abatement is a legal
procedure for correcting a situation that
is considered a nuisance. Nuisances can
take the form of health and safety
threats in addition to circumstances
that impact quality of life. Thus, issues
like poor sanitation, abandoned
property, havens for criminal activity,
and loud music are all nuisances and
can be subjected to nuisance
abatement.

CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Comp $1 mil per occ
Performance
Bond
Payment Bond
On-Call Professional
Services Agreement
For Professional Services for Specialized
Services such as Financial, Economic,
Accounting, Legal Engineering or
Administrative Services
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Employers Liability $1 mil per occ
Professional Liability $2 mil per
claim/Aggregate
N/A
Professional Services
Agreement
A professional services agreement is
essentially a form that collects all the
relevant information in a professional
endeavor between two parties. Its
purpose is to aid in preparing a
functional contract for said services
between the parties. It is typically
divided into two sections – the
agreement, and the exhibit.

CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Employers Liability $1 mil per occ
Professional Liability $2 mil per
claim/Aggregate
N/A
Professional Software
Services Agreement
A professional services agreement is
essentially a form that collects all the
relevant information in a professional
software services endeavor between
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Employers Liability $1 mil per occ
N/A
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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 84 of 99 Template Title Purposes Insurance Requirements Bonds
two parties. Its purpose is to aid in
preparing a functional contract for said
services between the parties. It is
typically divided into two sections – the
agreement, and the exhibit.

Professional Liability $2 mil per
claim/Aggregate
Cyber Liability $1 mil per
claim/Aggregate
Professional Services
Agreement Caltrans –
FHWA
A professional services agreement is
essentially a form that collects all the
relevant information in a professional
endeavor between two parties. Its
purpose is to aid in preparing a
functional contract for said services
between the parties. It is typically
divided into two sections – the
agreement, and the exhibit. Agreement
is full funded by Caltrans on behalf of
FHWA
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Employers Liability $1 mil per occ
Professional Liability $2 mil per
claim/Aggregate
N/A
Real Estate Purchase
Agreement
Transactional agreement between a
Buyer and Seller of Real Estate Property
Buyer maintains and will continue to
maintain adequate public liability
insurance coverage throughout the term
of this Agreement. Buyer’s indemnity
obligations as set forth herein will survive
termination of this Agreement.

N/A
Real Estate Sale Agreement Transactional agreement between a Buyer and Seller of Real Estate Property
At Close of Escrow (as defined below),
Seller will convey good and marketable
title to the Property to Buyer as
evidenced by an ALTA Non-Extended
Form Owners Policy of Title Insurance
(“Title Policy”), issued by the Title
Company in an amount equal to the
Purchase Price, and with endorsements
requested and paid for by Buyer, and
subject only to the Permitted Exceptions.

Seller will assign to Buyer all insurance
proceeds and the Purchase Price will be
reduced by the amount of any
deductible.

N/A
Reimbursement &
Indemnification Agreement
Reimbursement: to Reduce or avoid tax.

The benefit under a reimbursement
agreement can be the payment of
money, the transfer to property or an
estate, interest, right or power in or
over property or the provision of
services.

An Indemnity Agreement allows the
injured party to claim compensation or
reimbursement for the losses that are
suffered from the party that is liable to
make up for these damages

N/A N/A
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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 85 of 99 Template Title Purposes Insurance Requirements Bonds
Reverse License Agreement the License Agreement to be entered into by Buyer and Seller at the Closing in
the form attached hereto as Exhibit B.

CITY, shall be lawfully self-insured with
minimum coverage limits as required by
LICENSOR as described in Exhibit “C”.

Prior to (i) entering the Licensed Property
or (ii) performing any work or
maintenance on the Facility, CITY shall
furnish LICENSOR with the insurance
endorsements and certificates in the
form and amounts specified in Exhibit
“C”, evidencing the existence, amounts
and coverage of the insurance required
to be maintained hereunder. LICENSOR
shall not be liable for the payment of any
premiums or assessments for insurance
required to be maintained by CITY under
this Agreement.

N/A
Reverse Right of Entry
Agreement
GRANTOR hereby grants to GRANTEE
and its agents, employees and
contractors the temporary nonexclusive right to enter onto the Property for the Project; provided,
however, that GRANTEE’s use of the
Property permitted hereunder shall not
interfere with the reasonable use and
enjoyment thereof by GRANTOR or any
tenants, occupants or persons claiming
through or under GRANTOR; and
provided further that all persons who
enter upon the Property pursuant to
this Right of Entry do so at their own
risk and shall comply with any and all
instructions and directions of GRANTOR.

N/A Bond
Right of Entry Agreement Employees and contractors the
temporary non-exclusive right to enter
onto Property solely for a project.
provided, however, that GRANTEE’s use
of the Property permitted hereunder
shall not interfere with the reasonable
use and enjoyment thereof by
GRANTOR or any tenants, occupants or
persons claiming through or under
GRANTOR; and provided further that all
persons who enter upon the Property
pursuant to this Right of Entry do so at
their own risk and shall comply with any
and all instructions and directions of
GRANTOR.

CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Compensation $1 mil per occ
N/A
Short Form Construction
Contract
A short form agreement is legal
document that is used to procure small
renovation or construction services
from a contractor or construction
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Compensation $1 mil per occ
Builders’/All Risk
N/A
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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 86 of 99 Template Title Purposes Insurance Requirements Bonds
company. The contract states who the
parties are, what work is to be
completed, and by what date the
project should be done.

Professional Liability Ins. $2 mill per occ.

Short Form Services
Agreement
It is intended for use in business-tobusiness transactions and is not suitable for use in consumer transactions.

CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Compensation $1 mil per occ
Builders’/All Risk
Professional Liability Ins. $2 mill per occ.

N/A
Vendor Services Agreement A vendor service agreement is used whenever a business owner or an
individual hires a person or company to
provide services or products. Vendor
agreements are used in all sorts of
industries, including professional
services, technology, marketing, event
planning, and much more. A quality
vendor service agreement clearly states
the product or service the vendor will
provide and the expectations of the
deal from the beginning. It also lowers
the risk of dispute or confusion for
everyone involved.

A vendor service agreement should be
used for all types of events, including
farmer's markets, festivals, or fairs, to
ensure everyone benefits from the
experience. In a vendor agreement, the
conditions and expectations of the
service or product are clearly laid out.

CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Compensation $1 mil per occ
Builders’/All Risk
Professional Liability Ins. $2 mill per occ.

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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 87 of 99 Non-City Approved Agreements
Type of Agreement Definitions
Cooperative Agreements These are agreements between a government entity and a business, created in order to lower the cost of procuring goods and services that multiple entities commonly need.

1. Cal Procure: State Leveraged Procurement Agreements

2. OMNIA Partners

3. Sourcewell

4. NASPO

5. BuyBoard Purchasing Cooperative
Piggybacking When you use an existing contract to acquire the same commodities or services at the same or lower price from another public entity contract. Subject Matter Comparisons: The product or service acquired through piggybacking must be comparable to what your original acquisition needs, function, and goals are.

Single Source A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available.

A department must demonstrate in detailed writing, to the Purchasing Agent that the purchase can only be obtained from a single source.

Note: This is a LEGAL requirement, not just an ordinance. This is to protect against any discrimination for ALL bidders, contractors.

We are ran by the public for the public.

Sole Source Is used only when there is only one qualified company that has developed a patent or copyright product or services; when the product or service is required immediately due to a pressing emergency; or it is not in the public’s interest to hold a competition.

Please contact purchasing to use the Single/Sole Source Justification Form when requesting to utilize a Single/Sole Source Procurement. See example below
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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 88 of 99 City of San Bernardino
Finance Department, Purchasing Division

JUSTIFICATION OF SINGLE/SOLE SOURCE REQUEST
ITEM Description ________________________________ DATE__________ Select Source:
____Sole Source: Item is manufactured and/or only distributed by one vendor. ____Single Source: Item is available from several vendors, but item is the only one that will work Please answer all questions in detail, in order to prevent delays in the evaluation.

Please do not provide one sentence answers. If any additional pages are needed to answer all questions, please attach all pages to this document.

1. Why is the acquisition restricted to this good/service/supplier? (Explain why the acquisition cannot be competitively bid). Please enter answer below

2. Describe the uniqueness of the purchase (why was the good/service/supplier chosen?) Please enter the answer below

3. What are the consequences of not purchasing the goods/service or contracting with the proposed supplier?

4. What market research was conducted to substantiate the single source, including evaluation of other items considered?
a. (Please provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names, addresses and phone numbers of suppliers contacted and the reasons for not considering them must be included or an explanation of why the survey or effort to identify other goods/services was not performed.)

5. How was the price offered determined to be fair and reasonable? Explain what the basis was for comparison and include cost analyses as applicable. (I.e., Compared to vendor’s previous or current offer to the city or to another agency/company – or any other method of comparison that will substantiate fair and reasonable pricing in the absence of competition) Packet Pg. 313
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 89 of 99

6. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier.

Signature Block Below
____________________ ___________
Department Head Date
____________________ _____________
Approved Not Approved Date
(Up to $100,000)
Purchasing Manager
SSJ Justification: _______________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Over $100,000 – must be submitted for City Council Approval with the Purchasing Manager in concurrence.

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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 90 of 99 Please contact the City Clerk’s office if you have questions regarding the DocuSign Process for Agreement Signatures:

City Clerk requires: That only Finalized Agreement be uploaded to DocuSign. Before uploading an agreement to DocuSign, please forward the following Documents to your designated Buyer for review via email:

1. Drafted Agreement

2. Quote(s)

3. COI with waivers of Subrogation and Endorsements

4. W9 with wet signature and current date

5. City Business License
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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 91 of 99 How to Calculate Cost Avoidances and Cost Savings for Procurement Projects Cost Savings vs. Cost Avoidance
- Cost-savings measures any actions that lower current spending, investment, or debt levels. They result in a tangible financial benefit for the organization. The amount of money saved as a result of these measures should always be reflected in the financial statements and next year’s budget. Actual cost savings should be visible in the financial statements compared to prior period; planned cost savings should be reflected in the budget. Examples of cost saving measures are:
o Reduction of overtime hours
o Elimination of temporary labor employees
o Negotiation of price decreases for products and services o Negotiation of a lower rental fee for facilities and equipment - Cost avoidance measures are any actions that avoid having to incur costs in the future.

They represent potential increases in costs that are averted through specific preemptive actions. These measures will never be reflected in the budget or the financial statements. Some examples of cost avoidance measures are:
o A reduction of a proposed price increase from a vendor o The elimination of the need for additional headcount through process improvements, or a change in maintenance schedules for critical equipment to avoid work stoppages.

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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 92 of 99 How to Calculate a Cost Avoidance Example
Average Cost of Bids Submitted $ 1,000,000.00
Winning Bid $ 350,000.00
Average Cost of Bids - Subtracted from winning bid = Cost Avoidance $ 650,000.00 Divide Cost Avoidance/ Average cost of bids = Percentage of savings/avoidance for project 65%
How to Calculate a Basic Cost Savings Example
Cost used in previous project/services $ 55,000.00
Cost of new winning bid $ 46,000.00
Subtract previous cost from - new bid cost = New cost savings $ 9,000.00 Divide Cost Savings/ previous project cost = Percentage of new cost savings 16% Packet Pg. 317
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 93 of 99 Certificate of Insurance (COI):

All vendors are required to provide a COI for the services, materials and equipment that they are providing to the city. Insurance limits vary dependent upon the type of work and services that are being provided. The Current Insurance Limits for 2023 are the following:

Professional Services Agreements, Lessee Agreements & Vendor Agreements • General Services will usually require a minimum amount such as CGL $2,000,000 per occ./$4,000,000 aggregate.
• Professional Liability will usually require No less than $2,000,000 per occurrence or Claim, $2,000,000 aggregate.
• Automobile Liability will usually require No less than $1,000,000 per accident for bodily injury and property damage.
• Worker’s Compensation will usually require No less than $1,000,000 per accident for bodily injury or disease. Not required if consultant provides written verification, it has no employees.

Environmental Contractors and/or Consultants Agreements • Commercial General Liability (CGL). No less than $2,000,000 per occ./$4,000,000 aggregate
• Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. • Automobile Liability will usually require No less than $1,000,000 per accident for bodily injury and property damage.
• Worker’s Compensation will usually require No less than $1,000,000 per accident for bodily injury or disease. Not required if consultant provides written verification, it has no employees.

Construction Services Agreements
• Commercial General Liability (CGL). No less than $5,000,000 per occ./ $10,000,000 aggregate.
o The higher limit is appropriate for general contractors on any new construction or major remodel projects. Subcontractors in areas of higher risk, such as electric, roofing, or plumbing work, should have limits above the standard minimum of $2 million.
• Automobile Liability. No less than $5,000,000 per accident for bodily injury and property damage.

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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 94 of 99 • Worker’s Compensation will usually require No less than $1,000,000 per accident for bodily injury or disease. Not required if consultant provides written verification, it has no employees.
• Builder’s Risk. (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
• Professional Liability. No less than $2,000,000 per occurrence or Claim, $2,000,000 aggregate.
• Contractors’ Pollution Legal Liability. And/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. • Aviation and Cyber Liability Insurance (May be required):
o Unmanned Aerial Systems (UAS) – aka “Drones”, has determined that drones are “currently the most dynamic growth sector in Aviation.
o Amount of Insurance Needed:
 Typically, liability limits may be purchased on a combined single limit basis at $500,000, $1,000,000 and $2,000,000 and higher depending on insurance company and/or requirement.
• Design/Build Contracts (Professional Liability). For contracts with construction risk, there is added coverage requirements for professional liability. It is necessary for “design/build” contracts where the contractor is expected to provide engineering and architectural services.

Please note that Bonds may be required such as: Surety Bonds, Bid Bonds, Performance Bonds, Payment Bonds, Subdivision or Completion Bonds. Please review the contract template and/or contact the City Attorney to verify if there is a requirement for Bonds.

Professional Software Services Agreements and may be required for other types of agreements.
• General Services will usually require a minimum amount such as CGL $2,000,000 per occ./$4,000,000 aggregate.
• Professional Liability will usually require No less than $2,000,000 per occurrence or Claim, $2,000,000 aggregate.
• Automobile Liability will usually require No less than $1,000,000 per accident for bodily injury and property damage.
• Worker’s Compensation will usually require No less than $1,000,000 per accident for bodily injury or disease. Not required if consultant provides written verification, it has no employees.

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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 95 of 99 • Cyber Liability with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate
o Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor/Contractor/Operator in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction electronic information, release of private information, alteration of electronic information, extortion and network security.
 This policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit expenses with limit sufficient to respond to these obligations.

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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 96 of 99 Packet Pg. 321
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 97 of 99 Packet Pg. 322
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 98 of 99 Packet Pg. 323
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 99 of 99 Packet Pg. 324

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 21, 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 April/May 2023
Recommendation:

It is recommended that the Mayor and City Council, of the City of San Bernardino, receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in April and May 2023.

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 April and May 2023 are presented for review by the Mayor and City Council including the:

1. Arts and Historical Preservation Commission - 4/17/2023

2. Charter Review Committee - 12/01/2022

3. General Plan Advisory Committee - 4/03/2023; 4/17/2023; 5/01/2023

4. Planning Commission - 4/11/2023

5. Public Safety and Human Relations Commission - 4/10/2023

6. Water Board - 4/25/2023; 5/09/2023
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2021-2025 Strategic Targets and Goals
Providing the agendas and minutes from each of the City’s Boards, Commissions and Citizen Advisory Committees to the Mayor and City Council is in alignment with Key Target 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 April and May 2023.

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

All Wards
Synopsis of Previous Council Actions:

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

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 21, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely; Interim City Manager
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Pre-Approval of Mayor and City Council Travel for FY 2023/24 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve travel for elected officials for FY 2023/24 as outlined.

Background
The Travel Authority and Expense Policy adopted by the Mayor and City Council on August 18, 2021 requires pre-approval by the Mayor and City Council for any travel by an elected official. Annual pre-approval of commonly attended events, committee meetings, conferences, seminars and other travel eases the administrative burden while ensuring compliance with adopted Policy so that the Mayor and City Council can complete travel that is beneficial to the City.

Discussion
Pre-approved travel for FY 2023/24 includes all events sponsored by the following organizations:
• California League of Cities (“Cal Cities”)
• National League of Cities (“NLC”)
• Southern California Association of Governments (“SCAG”) • San Bernardino County Transportation Authority (“SBCTA”) • US Conference of Mayors
The City is currently an active member of Cal Cities, NLC, and SCAG, and City officials routinely attend events sponsored by these organizations. Furthermore, several City officials also serve on policy committees that are conducted by these organizations, including the Community Services Policy Committee and the Transportation, Communications, and Public Works Policy Committee for Cal Cities. Attending events that are sponsored by these organizations, and participating in the committee Packet Pg. 371
meetings where they serve as members, City officials are able to advocate for policies and help craft legislative platforms that are aligned with the interests of the City. This is especially important as the City is re-establishing itself as a regional leader. Preapproving travel to events sponsored by Cal Cities, NLC, and SCAG for FY 2023/24 will afford City officials greater flexibility in attending events where they can conduct business and advocate for policies that benefit the City. 2021-2025 Strategic Targets and Goals
This item aligns with Key Target No. 1d: Improved Operational and Financial Capacity – Create a framework for spending decisions, and Key Target No. 2c: Focused, Alighted Leadership and Unified Community – Re-establish City as the Regional Leader/County Seat.

Fiscal Impact
Staff is assessing participation and engagement at conferences beneficial to the City.

Currently, Councilmembers have travel and conference budgets of $6,000 each and the Mayor has $4,000. If needed before current budgets are expended, staff will request an appropriation as part of the quarterly budget updates to the City Council.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve travel for elected officials for FY 2023/24 as outlined.

Attachments
Attachment 1 – Travel Authority and Expense Policy
(Adopted by Reso. 2021-212)
Ward:

All Wards
Synopsis of Previous Council Actions:

May 17, 2023 Mayor and City Council preapproved travel for the Mayor for ICSC from May 21-23, 2023.

October 19, 2022 Mayor and City Council preapproved travel for FY 2022/23 for ther Mayor and City Council.

October 5, 2022 Mayor and City Council preapproved travel to the 2023 National League of Cities Congressional City Conference for the Mayor and City Council.

July 20, 2022 Mayor and City Council ratified travel detail and preapproved specified travel for the Mayor and City Council for Fiscal Year 2022/23.

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August 18, 2021 Mayor and City Council adopted Resolution No. 2021-212 approving the revised Travel Authority and Expense Policy retroactive to July 21, 2021.

July 22, 2021 Mayor and City Council adopted Resolution No. 2021-164 approving the Travel Authority and Expense Policy, and
repealing Resolution Nos. 9151 and 89-100.

February 3, 2021 Mayor and City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and appointed officials are operating under a clear set of guidelines that govern the City.

April 17, 1989 Mayor and City Council adopted Resolution No. 89-100 amending Resolution No. 9151 and providing for
reimbursement for meals at the rate of forty-five dollars ($45.00) per day and repealing Resolution No. 84-226.

June 18, 1984 Mayor and City Council adopted Resolution No. 84-226 amending Resolution 9151 and providing for reimbursement for meals at the rate of thirty-five dollars ($35.00) per day.

April 29, 1968 Mayor and City Council adopted Resolution No. 9151 establishing a policy for the attendance of City Employees and Elected Officials at conferences or meetings and set forth authorized expenses and allowances for expenses incurred on official business of the City.

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City of San Bernardino
Administrative Policy Manual
Subject: Travel Authority and Expense Policy
Purpose: To set forth the policies governing reimbursement for travel expenses and to establish certain procedures concerning travel authorization, documentation, and accounting for all departments, employees and Elected Officials of the City of San Bernardino. The City has two objectives when paying travel-related expenses: 1) to provide employees sufficient funds to execute business on behalf of the City and 2) to safeguard City funds by paying only reasonable and necessary expenses. This administrative policy outlines what constitutes a reasonable and necessary expense.

Authority: Resolution No. 2021-212__________
Scope: Unless otherwise stipulated herein, this policy applies to all City Employees and Elected Officials. All such employees and officials shall comply with the provisions outlined in this policy. For City Employees, the Director or their designee and for Elected Officials, the Director of Finance is ultimately responsible for ensuring that travel expenditures comply with this administrative policy and for the thorough review and approval of all documents necessary for the disbursement of City funds related to employee travel. The purpose of the required documentation is to provide sufficient evidence to anyone who reviews travel transactions that public funds were expended in compliance with this administrative policy.

Exemption from Scope
None.

Policy:

The City of San Bernardino encourages attendance at conferences, seminars, meetings and workshops to enhance an employee’s understanding of his/her duties and responsibilities. The City will reimburse travel expenditures according to the procedures outlined in this policy.

Travel is deemed to be official when such travel of City Employees and Elected Officials are away from the City for the purpose of conducting business of the City, attending professional meetings, seminars, conferences, training, workshops and other related meetings. This policy is applicable to all travels, regardless of the source of funds used for reimbursement.

ATTACHMENT 1
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Only authorized expenses as set forth in this policy will be reimbursed. Unauthorized expenses incurred on a City credit card will be reimbursed to the City by the Employee of Elected Official.

Definitions
(a) Elected Official - any elected person representing the City in an official capacity that is not considered an employee. City Council, at their discretion, may approve travel for appointed Commissioners. For purposes of compliance with this policy, Commissioner travel will be treated the same as that of Elected Officials.
(b) Local Travel - travel within a radius of seventy-five (75) miles from the employee’s regular work site, one way, for a one-day session or multiple day sessions.
(c) Mileage Allowance – reimbursement paid to a City Employee for the use of his/her personal vehicle during travel or official City business. The reimbursement rate will be the current rate established by the Internal Revenue Service (IRS).
(d) Out-of-Town Travel – any travel over seventy-five (75) miles from employee’s regular work site, including out of state that requires subsistence or actual living expenses. Travel out of the country must be approved by the City Manager’s Office.
(e) Travel – any trip taken by a City Employee or Elected Official in the course of performing his/her duties, including trips to conferences, seminars, meetings, workshops and training.
(f) GSA Per Diem Rate – herein used to refer to the allowance for meals and incidental expenses established by the U.S. General Services Administration for destinations in the continental United States. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem.

Authorized Expenses
These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of travel or performance of official duties. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. Any questions regarding the propriety of a particular type of expense should be resolved with the Finance Department or, in the case of Elected Officials, with the City Packet Pg. 375
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Council, before the expense is incurred.

Elected Officials please also note: Expenses that do not fall within the scope of this policy, and for which payment or reimbursement will be requested, must be approved by the City Council in a public meeting before the expense is incurred. (a) Actual and Necessary Expenses. The City will pay or City Employees and Elected Officials will be reimbursed for the actual and necessary expenses incurred in the performance of the official duties for their position, provided that, except as otherwise articulated in this Policy, reimbursement shall always be at the lesser of the actual cost or the current GSA Per Diem Rates, unless otherwise approved by the City Council in advance or otherwise provided herein. Expenses that the City will pay include transportation, lodging, registration fees, meals, and any other incidental and related expenses if they are for official business and are authorized by this policy.
(b) Authorized Events and Activities. Expenses incurred in connection with the following types of events or activities will generally be authorized for payment or reimbursement:
a. Attending educational seminars, conferences, or activities designed to improve skills and information levels.
b. Participating in regional, state, national and international organizations whose activities affect the City’s interests. c. Activities that involve either: (a) City Employees or Elected Officials attending as a representative of City events; or (b) City Employees, as part of their City job duties or responsibilities, organizing or assisting with the management or operation of events.
d. Meetings with consultants, professionals, constituents, applicants or other private or governmental entities or agencies, which are necessary for the performance of their position.
(c) Unauthorized Events and Activities. Expenses incurred for personal matters will not be paid or reimbursed. If time is taken away from official business for personal matters, or if the return is delayed after completion of the event to attend to personal matters, any expenses incurred for such personal matters will not be paid or reimbursed. If a City Employee desires to Packet Pg. 376
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combine business and personal travel in this manner, the written approval of the City Employee’s Department Director, or the City Manager if the City Employee is a Department Director, or the City Council if the employee is an Elected Official, is required prior to making travel arrangements. For City Employees, if the extended period required for personal matters occurs during regular scheduled work hours, the time must be counted as annual leave or leave without pay.

The following is a non-exhaustive list of prohibited purchases which includes commonly purchased goods or services considered personal in nature, and not an essential part of the City's business and therefore will not be a cost borne by the City of San Bernardino:
a. Personal portion of the trip, including expenses incurred for family member(s), friends and/or pets who accompany the City Employee or Elected Official on City business.
b. Political contributions or events.
c. Charitable contributions.
d. Attendance at charitable events not sponsored, co-sponsored or organized by the City.
e. Entertainment expenses not directly required as part of attending a meeting/conference, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf-related expenses), or other cultural events.
f. Personal automobile expenses, including traffic citations, other than mileage and toll charges that are otherwise payable or reimbursable under this policy.
g. Personal losses incurred while on City business.
h. Alcoholic beverages.
i. Expenses for trips involving an overnight stay or airfare by Elected Officials or City Employees, unless approved in advance as required by this policy.
j. Mileage or other expenses incurred when representing the City on a regional board, commission or other agency when such board, commission or agency allows for the payment or reimbursement by them of such mileage or other expenses.

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k. Mileage reimbursement for those receiving a monthly vehicle allowance. l. Vehicle rental expenses when the mode of transportation to the event or destination was not air travel.
m. The use of private aircraft for the conduct of City business is expressly prohibited.

Prior to Trip – Advance Approval
(a) Advance Approval for City Employees. When requesting to travel either overnight or via airplane, City Employees must request advance approval from the person charged with approving the expenditure in compliance with this Policy. Such request shall be submitted using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the employee will be held responsible for all expenses incurred and will be required to reimburse the City.
(b) Advance Approval for Elected Officials. When requesting to travel either overnight or via airplane, Elected Officials must request advance approval from the City Council during a regular City Council meeting using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the Elected Official will be held responsible for all expenses incurred and will be required to reimburse the City. (c) Travel Request Forms. The Travel Authority & Expense Request form can be found on the Employee Intranet page.

Transportation
The method of transportation used by individuals will be the most practical and economical, with due consideration given to the time involved, extra meals, lodging costs and the mission to be accomplished.

The objective of this administrative policy is to ensure the lowest reasonable cost for travel. However, it is not intended to create hardships for employees. Therefore, each department may consider employees’ convenience in providing flexibility to those who travel by vehicle.

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Where several employees are authorized to attend the same local conference/meeting, the department shall coordinate travel arrangements to minimize transportation costs to the City.

Air Travel
(a) Commercial Airlines: The City of San Bernardino will pay for coach roundtrip airfare. Employees are expected to take advantage of discounts whenever possible; however, employees are not required to fly at unusual times in order to qualify for discounts. Employees may retain frequent flyer miles and similar travel awards; however, employees shall not pay a higher price for the fare in order to obtain frequent flyer miles.
a. Baggage Fees: The City of San Bernardino will pay for the cost of one checked bag per employee traveling. Additional baggage fees will be covered only with written permission of the employee’s Director. b. Upgrades: Other upgrades such as seat selections, travel insurance, and internet on planes may be approved at the discretion of the Director. (b) First-Class Airfare: The City will only pay coach class fares; however, employees may choose to upgrade their seats provided that they pay the difference between the coach fare and the fare for the upgrade.

Vehicle Use
(a) City Vehicles: Motor pool vehicles or those vehicles assigned to departments should be used when available. When using City Vehicles, employees should use their City Purchasing Card (P-Card) to purchase gasoline and/or emergency repairs whenever practical. Employees without a City P-Card will be reimbursed for the cost of gasoline and/or emergency repairs (receipts are required). For additional information on P-Card usage, please see the City of San Bernardino Purchasing Card Policy.
(b) Rental Vehicles: When renting vehicles, the employee should purchase the blanket insurance coverage. The appropriate size of the rental vehicles should depend on such factors as the number of passengers and the amount of luggage or equipment being carried. If a car rental is approved, the employee may use a City P-Card or request reimbursement upon return. Receipts must be provided in order to obtain reimbursement.
(c) Car Services/Taxis/Public Transportation: The City of San Bernardino will reimburse employee’s reasonable car fare plus gratuity for required transportation. No more than a 20% tip will be reimbursed. Receipts must be retained and attached to the Travel Authority & Expense Request form.

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(d) Personal Vehicles: Employees may use their personal vehicle for City travel.

Supporting documentation (i.e. Google maps directions) must be attached to the Travel Authority & Expense Request form. The City of San Bernardino will pay the Internal Revenue Service mileage rate in effect at the time of travel. For all mileage reimbursement, the employee’s office is to be used as the starting point.

When an employee is using his/her personal car on a trip and the destination is more than 300 miles from the employee’s office (one-way), the City will not reimburse the employee for expenses such as lodging, meals and incidental, while in transit, which exceed the cost of a 21-day advance round-trip coach airfare. Any travel time that is greater than the time required to travel by scheduled airlines will be considered vacation time. Normal travel time will not exceed one day. The City shall reimburse the employee for the actual mileage involved in the travel. Reimbursed mileage rate is the Standard Federal Mileage Rate set by the Internal Revenue Service for the current year. Personal car mileage reimbursements are made based on the actual mileage. No cash advance for mileage is allowed.
a. Personal car travel reimbursement is limited to the lesser of either the cost of making the trip by 21-day advance coach airfare or mileage reimbursement.
b. The City will pay for additional work-related mileage at the destination. A mileage log or other documentation (i.e. Google map) must be attached to the Travel Authority & Expense Request form.
c. When travel is by airfare, the City will pay for airport parking expenses.

For airport parking, supporting documentation must be attached to the Travel Authority & Expense Request form and can be obtained from the airport’s website. Mileage reimbursement to the airport will be calculated from the employee’s office.
d. If an employee is driving a personal vehicle outside of the City and has car failure, the City will pay the expense of towing the vehicle to the nearest garage, over and above the employee’s personal towing insurance coverage. The employee must pay for all repairs. The towing and insurance documentation, reflecting the amount covered, must be attached to the Travel Authority & Expense Request form. e. Mileage will not be reimbursed to employees using City vehicles or who receive auto allowances.
f. To drive a privately owned vehicle on City business, the employee must:
i. Possess a valid California driver’s license.

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ii. Carry liability insurance, as required by the State of California. iii. Acknowledge that any damage to the employee’s personal vehicle and/or service or repair occurring on the trip will be the employee’s responsibility, as these costs are included in the City’s per mile cost reimbursement.

Employees are required to notify Human Resources, Risk Management Division at (909) 384-5308 and the employee’s supervisor as soon as possible (within 24 hours) of any event, incident or accident related to rental cars or City vehicles. The employee must complete the “Vehicle Accident Report” form.

Compensation for Travel Time
When travel time exceeds the normal workweek, the City's rules for overtime apply to those City Employees eligible for overtime pursuant to applicable state and federal laws or as outlined in the various Memorandums of Understanding. In determining overtime compensation, normal commute time between the employee’s residence and the employee’s work location should be deducted from the total travel time. Additionally, normal unpaid meal periods are not considered work time while traveling. Overtime eligibility applies equally to drivers and passengers, and should be granted whether the travel occurs during normal workdays or on weekends or evenings. City Officials are not compensated for travel time.

It is the responsibility of Department Heads, Division Managers and first line supervisors to schedule travel in a manner that the use of overtime by employees is either not required or is minimized as much as possible.

Lodging
Actual lodging expenses will be allowed for City Employees and City Officials attending conferences, seminars, meetings or workshops that are in excess of 75 miles from their normal work site. Lodging at destinations that are less than 75 miles from the normal work site will not be paid for or reimbursed by the City unless it is a multi-day conference. All lodging must be approved in advance.

The accommodations used should be economical but practical. In general, the employee should select the most reasonably priced accommodations available consistent with the purpose and goals of the travel and within a reasonable distance of the event.

The City will pay no more than the cost of a single occupancy room. If an employee shares a room with someone who is not an employee of the City or who is not traveling on City business and the room cost is higher than the single room rate, the employee is Packet Pg. 381
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responsible for paying the difference in cost. Meals ordered through room service will be subject to the GSA Per Diem Rate.
(a) Hotel Rooms
a. For events starting before noon, lodging will be provided the night prior through the last day of the event.
b. Lodging costs may be paid to the hotel directly by the employee, by using a City P-Card or travel advanced to the employee prior to departure if a City P-Card is not used.
(b) Lodging expenses shall be reimbursed on an actual cost basis. If a room at a conference/venue hotel is not available, the City Employee or Elected Official should attach documentation showing room rates from three hotels in the vicinity for the same dates, if available, to demonstrate the reasonableness of the lodging cost for the locale. Printouts from hotel reservation websites are acceptable for this purpose.
(c) When making lodging reservations, be sure to ask if a “group rate” is available.

Most companies who host seminars/conferences will offer group rates to attendees. On average, group rates are 15-40% lower than standard rates. If there is no group rate offered, inquire if there is a “government rate” available.

Some cities exempt travelers on government business from the local Transient Occupancy Tax (TOT). This can be as high as 12-15% savings on lodging costs depending on the local TOT rate.
(d) Telephone: Employees should avoid using hotel-provided phones whenever possible. It is recommended that employees who do not have access to a cell phone purchase a pre-paid calling card. Employees who possess City of San Bernardino cell phones should use that phone.
(e) Internet: Internet connection fees will be reimbursed at the discretion of the Department Director.
(f) Incidental Expenses: Incidental expenses covered as part of the GSA Per Diem Rate for meals and incidental expenses include: fees and tips given to porters, baggage carriers, bellhops, and restaurant servers.
(g) Original, itemized receipts for lodging expenditures must be attached to the Travel Authority & Expense Request form when submitted for processing.

Meals and Incidentals
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Meal expenses incurred by City Employees or Elected Officials while traveling shall be reimbursed according to the GSA Per Diem Rate for the destination, available at www.gsa.gov/perdiem. If neither the city nor county is specifically listed, the rate for meals and incidental expenses will be the standard GSA Per Diem destination rate.

The City will pay for meals at scheduled seminars, training sessions, and other meetings but will not reimburse for meals included in the conference fee. If meals are included in the conference fee, the Per Diem allowance will be reduced by the amount of the included meal using the GSA Per Diem breakdown, example below.

M&IE
TOTAL
Continental
Breakfast/
Breakfast Lunch Dinner Incidentals
First & Last
Day of
Travel (75%)
$55 $13 $14 $23 $5 $41.25
$56 $13 $15 $23 $5 $42.00
$61 $14 $16 $26 $5 $45.75
$66 $16 $17 $28 $5 $49.50
$71 $17 $18 $31 $5 $53.25
$76 $18 $19 $34 $5 $57.00
Note: This M&IE breakdown is an example. Please refer to the current GSA rates and breakdown at www.gsa.gov/perdiem.

The City will pay for meals at scheduled seminars, training sessions, and other meetings but will not reimburse for meals elsewhere if the meal cost was included in the conference fee. If meals are included in the conference fee, the per diem rate will be adjusted by the GSA amount for the covered meals. A conference itinerary/schedule must be included as supporting documentation. The City will not pay for social or recreational conference functions that are separate ticketed events not included in the base conference registration fee without prior approval of the Director (to be noted on Travel Authority & Expense Request form). Meal related tips are included in the per diem rate total.
(a) Meals Paid with a Purchasing Card
a. Employees using their P-Card for travel-related meals must retain itemized receipts and submit them as usual as part of the P-Card process. Use of a P-Card for meals should be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. b. P-Card payment for meals should not exceed the per diem rate established by the GSA. Any cost in excess of the GSA established per diem rate must be reimbursed by the employee within ten (10) business days of reconciliation of travel documents.

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c. If the per diem breakdown for a meal is higher than a P-Card payment for that meal, the P-Card User is not entitled to receive the difference as a reimbursement.
d. If a meal is purchased with a P-Card and the receipt is lost, or the P-Card User does not retain the itemized receipt, the User must attach a memo to the Travel Authority & Expense Request form explaining the lost receipt. e. While Authorized P-Card Users may use their P-Card to purchase meals during travel, it is recommended that travelers either request a travel advance or pay out of pocket and request reimbursement for meals. (b) Meals Reimbursed or Paid with a Travel Advance
a. Employees paying for meals out of pocket or with a travel advance DO NOT need to retain receipts. Meals will be reimbursed or travel advance provided at the GSA per diem rate.

If requesting a meal payment or reimbursement for a guest, the City Employee or City Official must include the name and business relationship of the guest to substantiate the expense. Only actual and necessary expenses incurred in the performance of official duties will be paid or reimbursed. Meal expenses of family members or those with a personal relationship with the City Official or City Employee will not be paid or reimbursed, unless a separate and defined business relationship is established and only if such payment or reimbursement is not prohibited by any other applicable laws, rules or regulations.

One-day Travel
Meal payment or reimbursement does not include meals eaten prior to or after a trip. If travel on City business does not require a full 24-hour day, only meals that are required as part of the trip, as determined by the City Council, Department Head, or City Manager will be paid or reimbursed. As a general guideline, if a City Employee is being paid to work on the day that the expense is incurred, payment or reimbursement will not be provided for expenses incurred for meals that would typically be eaten before the City Official or City Employee normally leaves his or her home for work or expenses incurred for meals that would typically be eaten after the City Official or City Employee normally arrives home from work. Travel-related meals will be reimbursed if an overnight stay is required or if multiple trips are required during two or more consecutive days.

If a Department Director authorizes meal reimbursement for an employee for a daytrip related to training or other City business and the day-trip is for more than 12 hours and less than 24 hours, the employee will receive reimbursement at 75% the GSA Per Diem Rate (travel day rate). If a Department Director authorizes a meal reimbursement for a day-trip that is less than 12 hours, the employee will receive reimbursement for specific meals during the trip only. Because current IRS regulations identify day-trip meals as taxable to the employee, any meal reimbursement for a day-trip will be reported on the Packet Pg. 384
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employee’s W-2 form and subject to employment taxes in accordance with these regulations. That is, if travel does not require an overnight stay, meal expenses may be reimbursed with Department Director approval but must also be added to the employee’s wages for tax purposes. (IRS Pub. 5137)
Extended Travel
Employees attending training or conferences for an extended time period, more than seven consecutive days, may elect to purchase groceries and prepare their meals during their training/conference.
(a) Groceries reimbursed or paid with a travel advance. a. Employees paying for groceries out of pocket or with a travel advance DO NOT need to retain receipts. The GSA Per Diem will be calculated in the aggregate for the extended travel time to determine the amount of the advance or reimbursement.
b. No individual meals will be reimbursed or included in the travel advance. c. Any meals provided during the training/conference will be deducted from the reimbursement/advance amount at the M&IE breakdown amount. (b) Groceries paid for with a P-Card.
a. While P-Card users may use their P-Card to pay for groceries while traveling, it is recommended that travelers either request a travel advance or pay out of pocket and request reimbursement for groceries. b. If a P-Card is used to purchase the groceries, the employee must retain and submit grocery receipts and submit them as usual as part of the PCard process. Use of a P-Card for groceries must be indicated on the Travel Authority & Expense Request form with copies of the receipts attached.
c. Meals purchased in addition to groceries. If meals are also purchased on a P-Card during extended travel, the employee must retain and submit itemized receipts and submit them as usual as part of the P-Card process and use of a P-Card for groceries and meals must be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. The total cost of groceries and meals purchased may not exceed the aggregate Per Diem.
d. Any meals provided as part of the conference/training fee will be deducted from the aggregate Per Diem at the M&IE breakdown amount. e. P-Card charges for groceries and meals exceeding the Per Diem rate in the aggregate must be repaid to the City within ten (10) business days of reconciliation of travel documents.
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reimbursement.
g. An employee electing to purchase and prepare food during an extended stay may purchase food to be consumed during the travel period only. h. No reimbursement will be made for incidentals including kitchen utensils, cookware, kitchen supplies and sundries, except for basic paper goods such as napkins and paper towels or their reusable equivalent. It is incumbent upon the traveler to verify that the hotel has an adequately stocked kitchenette when making reservations.
(c) The City will not pay for laundry services or dry cleaning.

Payments to Vendors, Cash in Advance and Employee Reimbursement The City will pay all legitimate travel expenses for City Employees and Elected Officials traveling on authorized City business. These include transportation, lodging, registration fees, meals, and other related expenses if they are for official business and fit within the guidelines established in this policy.
(a) There are four ways to pay for travel expenses:
a. Direct Vendor Payments - Are made by the City to an organization to pay for specific costs related to a trip. These are usually registration fees, lodging, or airfare and can be paid through accounts payable or through the use of a City P-Card.
b. Cash Advance - Advanced payments may be requested for estimated expenses for travel. Requests for advance payments, with an itemized list of estimated expenses, shall be submitted on the Travel Authority and Expense Request form to the Finance Department at least seven (7) days prior to the event and must be approved by the Department Head, Director of Finance and City Manager or the City Council for advance payment request from elected officials. Funds will be released no more than seven (7) days prior to the event departure date. Travel advances will not be issued to employees to whom City P-Cards have been issued to. In addition, travel advances will not be issued for mileage or items that were purchased prior to attending the event.
c. Per Diem - For City Employees or Elected Officials electing per diem payment for meal expenses, the City shall reimburse at the fixed GSA Per Diem Rates on a meal-by-meal basis based upon the locality of travel.

Receipts shall not be required for per diem reimbursement, provided that records pertaining to the time, place and official business purposes of the event or activity are submitted. City Employees or Elected Officials electing per diem reimbursement shall not incur meal expenses on City issued credit cards or seek actual cost reimbursement for meal expenses Packet Pg. 386
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covered by per diem reimbursement. Payment of the fixed GSA Per Diem Rates shall be made after the event or activity has occurred and shall not be paid to City Employees in advance.
d. Reimbursement - occurs when the employee or Elected Official elects to pay for all travel related expenses first, and is reimbursed upon completion of the travel.
(b) Upon return from the event, all expenses incurred will need to be accounted for by completing the bottom portion of the Travel Authority & Expense Request and return the unused portion of the cash advance within seven (7) working days. (c) If a trip was cancelled, all advance travel payments shall be returned to the City immediately after the employee receives a notice of cancellation. (d) The employee will be reimbursed the difference if the actual, authorized expenses incurred exceed the amount advanced consistent with the guidelines set forth in this policy
Procedure:

The following are step-by-step instructions for obtaining approval for travel requests.

Action/Responsibility: Department Travel Coordinator
(a) In as far in advance as possible but at least thirty (30) days prior to the date of departure, prepare Part 1 of the Travel Request & Expense Request form to include the following:
a. Details of travel: attach registration form or flyer describing the event showing location, dates, times, costs, etc.
b. For lodging requests, attach supporting documentation related to the group rate or government rate when offered and the Per Diem Rate for the locality of travel.
c. Obtain approval from employee’s Department Head, Director of Finance and the City Manager, or from City Council for Elected Officials. (b) After approval, the responsible travel coordinator should make the arrangements for the trip payable to the traveler or service provider for:
a. Transportation
b. Lodging
c. Registration / Tuition fee
d. Meals
e. Other expenses covered by this Policy
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Action/Responsibility: Department Head
(a) Assign a designated employee to function as the Department Travel Coordinator to maintain travel request documents and to coordinate advance payment and/or reimbursement of employees’ travel expenditures with Accounts Payable. (b) Receive travel documents from Department Travel Coordinator and review forms for completeness and accuracy.
(c) Approve or deny local travel requests.

Action/Responsibility: Finance Department
(a) Review all travel forms/documents for completeness and compliance with this policy and inform Department of non-compliance issues.
(b) Process employees’ travel expenditures in accordance with this policy.

Verification
The following are step-by-step instructions for verification of travel expenses.

Action/Responsibility: Employee
Within seven (7) working days of return date to work:
(a) If less money than the travel advance was spent, submit the unspent funds made payable to the City of San Bernardino and provide to Department Travel Coordinator with the original receipts.
(b) If more money than the travel advance was spent, submit the receipt for the expense along with an explanation to the Department Travel Coordinator.

Subject to the guidelines set forth in this policy, the difference may be reimbursed upon approval
Action/Responsibility: Department’s Travel Coordinator
(a) Attach all original receipts to the original Travel Authority & Expense Request form. Complete Part 2 of the form and submit to the employees’ Department Head and Director of Finance for review and approval, or for elected Officials, submit to Director of Finance.

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Travel Authority and Expense
City of San Bernardino - Administrative Policy Manual
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Travel Authority and Expense
City of San Bernardino - Administrative Policy Manual

CITY OF SAN BERNARDINO

TRAVEL AUTHORITY & EXPENSE REQUEST
Part 1. Travel
Name & Title of Requestor Department Date of Request
Destination City Dates Purpose of Travel
Destination Hotel: Post Approved
Yes (Plan ) / No
Hotel Government Rate: $
N/A: Reason:

Hotel Group Rate: $
N/A: Reason:

Hotel Per Diem Rate: $
Please attach the government rate, group rate, and/or the Per Diem Rate as applicable to this form.

Comments:

Signature of Requestor: Estimate Cost of Trip: $
Date: Advance Money Requested: $
Office Phone: Account number:

Indicate if travel was included in the Department Budget Yes No APPROVED (Department Head Signature):

FUNDS AVAILABLE (Director of Finance Signature):

APPROVED (City Manager/City Council Signature):

Part 2. Expense
EXPENSE CATEGORIES: Paid by City Paid by Traveler
Transportation: Air City Car
Private Car (Mileage )
$ $
Garage and/or Parking $ $
Lodging $ $
Registration Fees $ $
Meals $ $
Other $ $
Other $ $
TOTAL EXPENSE $ $
Amount Paid by Traveler $
Cash Advance – Check No: $ I hereby certify that this is a true Balance Due to Traveler/City $ correct statement of expenditures.

Receipt or Check No:

Traveler Signature
APPROVED (Department Head Signature)
APPROVED (Director of Finance Signature)
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 21, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: 2023 Fireworks Regulatory Fee Rate (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-087 of the Mayor and City Council of the City of San Bernardino, California, setting the 2023 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino.

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

The City currently allows up to 35 licenses to nonprofit agencies for the sale of “safe and sane” fireworks each year. In 2022, thirty (30) temporary use permits were issued for fireworks stands. A regulatory fee for the sale of “safe and sane” fireworks is established annually by the Mayor and City Council based on the gross sales of all fireworks sold in the City. The purpose of the regulatory fee is to raise funds to cover the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Municipal Code, including extra personnel time for inspection and enforcement duties.

Discussion
The proposed amount of the regulatory fee is based on the licensee’s fireworks sales financial statements from the prior year. Each licensee is required to submit fireworks sales financial statements to the City Clerk’s Office no later than August 31 of every Packet Pg. 391
year. Half the regulatory fee is paid by the licensee, and the remaining half is paid by the fireworks supplier. In accordance with Section 8.60.095(B) of the Municipal Code, the regulatory fee rate shall not exceed more than ten (10) percent of the total gross sales of fireworks sold in the City during the prescribed timeframes (July 1st through July 4th).

Each year, prior to imposing a fee, staff prepares a study (Exhibit B) of the anticipated costs associated with the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Municipal Code, including extra personnel time for inspection and enforcement duties. Exhibit B provides an assessment, itemized by department, of the costs associated with fireworks sales, including the staff time incurred by the Police Department, Finance Department for Business Registration, and other related costs. The Mayor and City Council must adopt this regulatory fee rate no later than 7:00 p.m. on July 1, as provided for in Section 8.60.095(B) of the Municipal Code.
2021-2025 Strategic Targets and Goals
Revenue from the 2023 Regulatory Fee Rate of 10% for the sale of fireworks aligns with Key Target No. 1: Improved Operational and Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.

Fiscal Impact
There is no fiscal impact with the adoption of this Resolution. Costs associated with enforcement and estimated revenues are included in the FY 2023/24 Operating Budget. The total estimated cost associated with regulating and enforcing the sale of "safe and sane" fireworks in the City this year (2023) is $201,825. Based on a 10% regulatory fee using the gross sales of all fireworks sold in the City in 2022 in accordance with Section 8.60.096(B) of the Municipal Code, the estimated revenue to be collected this year is $139,380.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-087 of the Mayor and City Council of the City of San Bernardino, California, setting the 2023 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino.

Attachments
Attachment 1 Resolution No. 2023-087
Attachment 2 Exhibit A - Location Map
Attachment 3 Exhibit B - Estimate of Expenditures for 2023 Ward:

All Wards
Synopsis of Previous Council Actions:

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June 15, 2022 Mayor and City Council adopted Resolution No. 2022-128 setting the regulatory fee at 10%.

June 2, 2021 Mayor and City Council adopted Resolution No. 2021-135 setting the regulatory fee at 10%.

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

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

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Resolution No. 2023-087
Resolution No. 2023-087

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June 21, 2023
RESOLUTION NO. 2023-087

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
SETTING THE 2023 REGULATORY FEE FOR THE SALE

OF SAFE AND SANE FIREWORKS IN THE CITY OF SAN

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

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

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

SECTION 2. That the Mayor and City Council of the City of San Bernardino, California, have determined that the total anticipated costs for the City to cover the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Municipal Code, including extra personnel time for inspection and enforcement duties, for the 2023 season has been calculated at $201,825.

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

SECTION 4. In the 2022 fireworks season, 10% of the total gross sales of fireworks as reported by the licensees amounted to $139,380.

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

SECTION 6. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that Packet Pg. 394
Resolution No. 2023-087
Resolution No. 2023-087

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June 21, 2023
the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st 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. 2023-087
Resolution No. 2023-087

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June 21, 2023

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. 2023-087, adopted at a regular meeting held on the 21st 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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Exhibit B
Fireworks 2022
Expenditure Estimates
Police Department Number of Personnel Labor Cost
June 16 5 overtime $3,019.86
June 17 5 overtime $3,019.86
June 18 5 overtime $3,019.86
June 19 23 straight time $8,587.68
June 20 33 straight time $12,367.74
June 21 33 straight time $12,367.74
June 22 33 straight time $12,367.74
June 23 23 straight time $8,587.68
June 24 5 overtime $3019.86
June 25 5 overtime $3019.86
June 26 23 straight time $8,587.68
June 27 33 straight time $12,367.74
June 28 33 straight time $12,367.74
June 29 33 straight time $12,367.74
June 30 23 straight time $8,587.68
July 1 35 overtime $20,615.40
July 2 35 overtime $20,615.40
July 3 24 overtime $14,663.10
July 4 24 overtime $14,663.10
July 5 2 overtime $1,177.24
Total Cost $195,390.70
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Exhibit B
Finance Department Number of
Personnel
Labor Cost
Business Registration Representative 1 $4,808.24
Business Registration Manager 1 $1,626.11
Total $6,434.35
Total Expenditure Estimates $201,825.05
Public Education & Awareness Related to Regulatory
Enforcement
Community Affairs Social Media Campaign Straight Time
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 21, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Darren L. Goodman, Chief of Police
Department: Police
Subject: Accept the Proposition 64 Public Health and Safety Grant and Issue a Purchase Order to Sicuro Data Analytics LLC (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-088, authorizing:

1. The City Manager to accept the Proposition 64 Public Health and Safety Cohort 3 Grant; and effective July 1st, 2023,

2. The Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget appropriating $3,000,000 in both revenue and expenditures; and,

3. Issue a purchase order to Sicuro Data Analytics LLC. in an amount not to exceed $400,000; and,

4. The Police Department to increase approved staffing by one Management Analyst I.

Background
The Proposition 64 Public Health and Safety Grant is funded from tax revenue generated by the sales of legal adult-use cannabis or cannabis products. The grant is awarded through the Board of State and Community Corrections (BSCC) and intended to fund efforts to assist law enforcement or other local projects addressing public health and safety issues associated with the implementation of the Proposition 64 Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA).

The Department applied for the competitive grant in December 2022. In April 2023, the Packet Pg. 400
BSCC notified the Department that its proposal was awarded $3,000,000 in grant funding to support a program involving youth outreach, crime enforcement, and a cannabis awareness program.

Discussion
The City has authorized 13 locations to sell cannabis, and there are several more in various stages of the application process. Additionally, the Department is aware of 34 locations in the City suspected of illegal cannabis operations. The City’s crime rate and abundance of cannabis access threaten an already vulnerable community.

The Prop 64 Grant is a five-year grant that begins May 1, 2023, and concludes October 31, 2028. Staff will not expend funds or increase staffing until FY 2023/24; however, staff requests that the City Manager be authorized to enter into the agreement before the new fiscal year so staff may return the signed agreement to the grantor. The grantor initially requested the agreement to be returned by May 19 and has provided staff with an extension till the end of June.

The Department’s proposal outlined a multi-pronged program incorporating enforcement, education, and community outreach to address the public safety gaps associated with Proposition 64. The primary enforcement efforts will be dedicated to enforcing the intent of Proposition 64, which is to remove marijuana sales and production from the illegal market, prevent access by minors, and protect public safety and public health. The table below depicts the proposed budget. The proposed budget may be modified with grantor approval provided the modifications support the proposal.

Budget Line Item Grant Funds
Salaries and Benefits $840,000
Services and Supplies $34,618
Professional Services $400,000
NGOs $1,500,000
Equipment/Fixed Assets $200,000
Financial Audit $25,000
Total $3,000,000
The grant approves funding for the following items for the duration of the grant:
• One full-time Management Analyst I
o The management analyst will be responsible for tracking, data collection, NGO coordination, and reporting related to the grant. • Overtime for enforcement efforts.
• Educational materials to provide to the community.
• Contract with Sicuro Data Analytics.
o Sicuro will provide program analysis and analyze department data to provide assessments and evaluations.
• Surveillance Equipment
o Officers will use surveillance equipment in the high crime areas near Packet Pg. 401
illegal cannabis locations to prevent crime, develop strategies, and identify threats to juveniles from cannabis use. All equipment will be purchased following the City’s purchasing guidelines.
• Funding for Non-Governmental Agencies (NGO’s)
o The Department will develop a solicitation process that will be advertised publicly to identify NGOs best qualified to provide youth development programs that support the proposal’s goals. • Financial Audit
o The grant requires the Department to hire an outside Certified Public Accountant at the conclusion to perform a financial audit of the program.

Sicuro Data Analytics was the only vendor proposed to the grantor they were identified as having a unique perspective and expertise in causal data analytics based on the specific institutional knowledge of the criminal justice system within San Bernardino County. Sicuro's current client list includes both the San Bernardino and Riverside District Attorney's offices, which provide the vendor with a much broader understanding of the Department's data as well as the impacts of Prob 64 in the City. Additionally, this vendor offers a top criminal justice security clearance, a fully completed criminal background, CJIS compliant lab, and CLETS certification, allowing them to access the Department's data immediately to support the program. Finally, Sicuro Data Analytics was specifically approved by the BSCC as the analysis and management partner for the Prop 64 grant.

Officers have responded to more than 50,000 calls for service this year. Often the unsafe and unhealthy impacts from Prop 64 go unaddressed while resources are focused on higher priorities. The Prop 64 grant will allow the City to address this service gap and protect our vulnerable youth through enforcement, education, and community partnerships.
2021-2025 Strategic Targets and Goals
The request to authorize the receipt, obligation and expenditure of the Proposition 64 Public Health and Safety Cohort 3 Grant aligns with Key Target 3c: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
There is no General Fund impact associated with this item as there are no fund match requirements under this grant. The FY 2023/24 Budget will be amended by $3,000,000 in both revenues and expenditures.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-088, authorizing:

Packet Pg. 402

1. The City Manager to accept the Proposition 64 Public Health and Safety Cohort 3 Grant; and effective July 1st, 2023,

2. The Agency Director of Administrative Services to amend the FY 2023/24 Adopted Budget appropriating $3,000,000 in both revenue and expenditures; and,

3. Issue a purchase order to Sicuro Data Analytics LLC. in an amount not to exceed $400,000; and,

4. The Police Department to increase approved staffing by one Management Analyst I.

Attachments
Attachment 1 – Resolution No. 2023-088
Attachment 2 – Grant Agreement
Attachment 3 – Professional Service Agreement
Attachment 4 – PSA Exhibit A
Attachment 5 – Sole Source Justification
Ward:

All Wards
Synopsis of Previous Council Actions:

No previous council actions
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June 21, 2023
RESOLUTION NO. 2023-088

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT THE
PROPOSITION 64 PUBLIC HEALTH AND SAFETY
COHORT 3 GRANT, AND EFFECTIVE JULY 1ST, 2023, THE

AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES
TO AMEND THE FY 2023/24 ADOPTED BUDGET
APPROPRIATING $3,000,000 IN BOTH REVENUE AND

EXPENDITURES AND ISSUE A PURCHASE ORDER TO
SICURO DATA ANALYTICS LLC. IN AN AMOUNT NOT
TO EXCEED $400,000, AND THE POLICE DEPARTMENT

TO INCREASE APPROVED STAFFING BY ONE
MANAGEMENT ANALYST I.

WHEREAS, The City of San Bernardino has been awarded the Proposition 64 Public Health and Safety Cohort 3 Grant in the amount of $3,000,000 to implement a youth outreach, criminal enforcement, and cannabis awareness program; and, WHEREAS,. The City will partner with Sicuro Data Analytics LLC. to provide analysis and measurement as outlined in the grant proposal; and, WHEREAS,. The Department will receive funding to hire one Management Analyst I to support the program.

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

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

SECTION 2. The City Manager is hereby authorized to accept the Proposition 64 Public Health and Safety Cohort 3 Grant in the amount of $3,000,000 and execute a professional service agreement with Sicuro Data Analytics for an amount not to exceed $400,000.

SECTION 3. The Agency Director of Administrative Services is hereby authorized to amend the FY 2023/24 Adopted Budget increasing revenue and expenditures by $3,000,000 and issue a purchase order to Sicuro Data Analytics LLC in an amount not to exceed $400,000.

SECTION 4. The Agency Director of Administrative Services is hereby authorized to amend the FY 2023/24 Adopted Budget increasing revenue and expenditures by $3,000,000 and issue a purchase order to Sicuro Data Analytics LLC in an amount not to exceed $400,000.

SECTION 5. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the Packet Pg. 404
Resolution No. 2023-088
Resolution No. 2023-088

Page 2 of 3 ends

June 21, 2023
environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 21st 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. 2023-088

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June 21, 2023

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. 2022-088, adopted at a regular meeting held on the 21st day of June 2022 by the following vote:

Genoveva Rocha, CMC, City Clerk
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STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC90822 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 908-22 BSCC-5227

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTOR NAME

CITY OF SAN BERNARDINO

2. The term of this Agreement is:

START DATE
MAY 1, 2023

THROUGH END DATE
OCTOBER 31, 2028

3. The maximum amount of this Agreement is:
3,000,000.00

4. The parties agree to comply with the terms and conditions of the following exhibits and attachments, which are by this reference made a part of the Agreement.

EXHIBITS TITLE PAGES
Exhibit A Scope of Work 4
Exhibit B Budget Detail and Payment Provisions 5
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D Special Terms and Conditions 5
Attachment 1* Proposition 64 Public Health & Safety (Prop 64 PH&S) Grant Request for Proposals * Attachment 2 Proposition 64 PH&S Grant Program Cohort 3 Application for Funding 19 Appendix A Proposition 64 PH&S Grant Program Cohort 3 Scoring Panel Roster 1 Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Funds (attached separately) 2 * This item is hereby incorporated by reference and can be viewed at:
http://www.bscc.ca.gov/proposition-64-public-health-safety-grant-program/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

CITY OF SAN BERNARDINO

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
710 North D Street San Bernardino CA 92401

PRINTED NAME OF PERSON SIGNING TITLE
CHARLES E. MCNEELY Interim City Manager

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED


STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Ste 200 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
RICARDO GOODRIDGE Deputy Director

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06 Packet Pg. 407
City of San Bernardino
BSCC 908-22

Page 1 of 4 ends

EXHIBIT A

SCOPE OF WORK

1. GRANT AGREEMENT – Proposition 64 Public Health & Safety Grant This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as BSCC) and City of San Bernardino (hereafter referred to as the Grantee).

2. PROJECT SUMMARY AND ADMINISTRATION
A. The Prop 64 PH&S Grant Program is funded by a portion of tax revenue generated from the cultivation and retail sale of legal adult-use cannabis or cannabis products. $150,000,000 is available from the combination of the Fiscal Year 2023-24 State Budget appropriation and prior fiscal year Budget Act appropriations for local assistance grants for the Proposition 64 Public Health and Safety (Prop 64 PH&S) Cohort 3 Grant Program, administered by the BSCC.

The purpose of this grant program is to fund projects that assist with law enforcement efforts, fire protection efforts, or other local projects addressing public health and safety associated with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA)
B. Grantee agrees to administer the project in accordance with Attachment 1: Proposition 64 PH&S Grant Program Cohort 3 Request for Proposals (incorporated by reference) and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding which is attached and hereto and made part of this agreement.

3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement.

B. The Grantee’s project officials shall be those identified as follows:

Authorized Officer with legal authority to sign:

Name: Charles E. McNeely
Title: Interim City Manager
Address: 290 North D St, San Bernardino, Ca, 92401
Phone: 909-384-5122
Email: [email protected]
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City of San Bernardino
BSCC 908-22

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EXHIBIT A

SCOPE OF WORK
Designated Financial Officer authorized to receive warrants:

Name: Terri Sumrall
Title: Senior Management Analyst
Address: 710 North D St, San Bernardino, Ca, 92401
Phone: 909-384-5693
Email: [email protected]
Project Director authorized to administer the project:

Name: Nicholas Oldenorf
Title: Lieutenant
Address: 710 North D St, San Bernardino, Ca, 92401
Phone: 909-384-5775
Email: [email protected]
C. Either party may change its project representatives upon written notice to the other party.

D. By signing this Grant Agreement, the Authorized Officer listed above warrants that they have full legal authority to bind the entity for which they sign.

4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as described in Attachment 1: Prop 64 PH&S Grant Program Cohort 3 Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding.

5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Progress Report Periods Due no later than:

1. May 1, 2023 to June 30, 2023 August 15, 2023

2. July 1, 2023 to September 30, 2023 November 15, 2023

3. October 1, 2023 to December 31, 2023 February 15, 2024

4. January 1, 2024 to March 31, 2024 May 15, 2024

5. April 1, 2024 to June 30, 2024 August 15, 2024

6. July 1, 2024 to September 30, 2024 November 15, 2024

7. October 1, 2024 to December 31, 2024 February 15, 2025

8. January 1, 2025 to March 31, 2025 May 15, 2025

9. April 1, 2025 to June 30, 2025 August 15, 2025

10.July 1, 2025 to September 30, 2025 November 15, 2025 Packet Pg. 409
City of San Bernardino
BSCC 908-22

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EXHIBIT A

SCOPE OF WORK

11.October 1, 2025 to December 31, 2025 February 15, 2026

12.January 1, 2026 to March 31, 2026 May 15, 2026

13.April 1, 2026 to June 30, 2026 August 15, 2026

14.July 1, 2026 to September 30, 2026 November 15, 2026

15.October 1, 2026 to December 31, 2026 February 15, 2027

16.January 1, 2027 to March 31, 2027 May 15, 2027

17.April 1, 2027 to June 30, 2027 August 15, 2027

18.July 1, 2027 to September 30, 2027 November 15, 2027

19.October 1, 2027 to December 31, 2027 February 15, 2028

20.January 1, 2028 to March 31, 2028 May 15, 2028

21.April 1, 2028 to April 30, 2028 June 15, 2028
Note: Service delivery period ends April 30, 2028. The period of May 1, 2028 to October 31, 2028 is for completion of Local Evaluation Report and financial audit only.

B. Evaluation Documents Due no later than:

1. Local Evaluation Plan September 30, 2023

2. Final Local Evaluation Report October 31, 2028
C. Other Due no later than:

Financial Audit October 31, 2028
Grantees shall submit all other reports and data as required by the BSCC.

6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financial records and required reports.

B. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project. Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports.

C. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time.

Time and effort reports are also required for all subcontractors and consultants.

D. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation.

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E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured.

F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the records must be retained until the completion of the action and resolution of all issues which arise from it or until the end of the regular three-year period, whichever is later.

7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the Prop 64 PH&S Cohort 3 Scoring Panel (See Appendix A) from receiving funds awarded under the Prop 64 PH&S Cohort 3 RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Prop 64 PH&S Cohort 3 Scoring Panel membership roster (see Appendix A) and ensuring that no grant dollars are passed through to any entity represented by the members of the Prop 64 PH&S Cohort 3 Scoring Panel.

B. In cases of an actual conflict of interest with a Prop 64 PH&S Cohort 3 Scoring Panel member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award.

8. FINANCIAL AUDIT
Grantees are required to provide the BSCC with a financial audit no later than the end of the contract term, October 31, 2028. The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.

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BUDGET DETAIL AND PAYMENT PROVISIONS

1. INVOICING AND PAYMENTS
A. The Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period.

Quarterly Invoicing Periods: Due No Later Than:

1. May 1, 2023 to June 30, 2023 August 15, 2023

2. July 1, 2023 to September 30, 2023 November 15, 2023

3. October 1, 2023 to December 31, 2023 February 15, 2024

4. January 1, 2024 to March 31, 2024 May 15, 2024

5. April 1, 2024 to June 30, 2024 August 15, 2024

6. July 1, 2024 to September 30, 2024 November 15, 2024

7. October 1, 2024 to December 31, 2024 February 15, 2025

8. January 1, 2025 to March 31, 2025 May 15, 2025

9. April 1, 2025 to June 30, 2025 August 15, 2025

10.July 1, 2025 to September 30, 2025 November 15, 2025

11.October 1, 2025 to December 31, 2025 February 15, 2026

12.January 1, 2026 to March 31, 2026 May 15, 2026

13.April 1, 2026 to June 30, 2026 August 15, 2026

14.July 1, 2026 to September 30, 2026 November 15, 2026

15.October 1, 2026 to December 31, 2026 February 15, 2027

16.January 1, 2027 to March 31, 2027 May 15, 2027

17.April 1, 2027 to June 30, 2027 August 15, 2027

18.July 1, 2027 to September 30, 2027 November 15, 2027

19.October 1, 2027 to December 31, 2027 February 15, 2028

20.January 1, 2028 to March 31, 2028 May 15, 2028

21.April 1, 2028 to April 30, 2028 June 15, 2028
Final Invoicing Periods*: Due no later than:

1. May 1, 2028 to June 30, 2028 August 15, 2028

2. July 1, 2028 to October 31, 2028 December 15, 2028
*Note: Service delivery period ends April 30, 2028. The period of May 1, 2028 to October 31, 2028 is for completion of Local Evaluation Report and financial audit only.

B. All grant project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report and the financial audit) must be incurred by the end of the grant project service period, April 30, 2028, and included on the final invoice Packet Pg. 412
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due no later than June 15, 2028. Project costs incurred after April 30, 2028 will not be reimbursed/eligible for contribution.

C. The Final Local Evaluation Report is due to BSCC by October 31, 2028.

Expenditures incurred solely for the completion of the Final Local Evaluation Report during the period of May 1, 2028 to October 31, 2028 must be submitted during the Final Expenditure Periods, with the final invoice due no later than December 15, 2028. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.

D. The financial audit is due to BSCC by October 31, 2028. Expenditures incurred solely for the completion of the financial audit during the period of May 1, 2028 to October 31, 2028 must be submitted during the Final Expenditure Periods, with the final statement of expenditure due no later than December 15, 2028. Supporting fiscal documentation will be required for all expenditures claimed during the Final Invoicing Periods and must be submitted with the final invoice.

E. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not expended or requested during the invoicing period.

F. Supporting documentation must be submitted for expenditures upon BSCC’s request. All supporting documentation must be maintained by the grantee on site and be readily available for review during BSCC site visits.

2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the sum of the grant award.

B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement.

3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid and enforceable only if sufficient funds are made available through the Proposition 64 Initiative (the Control, Regulate and Tax Adult Use of Marijuana Act) via the State and Local Government Law Enforcement Account. On or before July 15th of each fiscal year, the State Controller shall deposit funds derived from Proposition 64 taxes into the State and Local Government Law Enforcement Account pursuant to Revenue and Taxation Code section 34019, subdivision (f)(3). The grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability Packet Pg. 413
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BUDGET DETAIL AND PAYMENT PROVISIONS
of sufficient funding made available to the BSCC pursuant to Revenue and Taxation Code section 34019, subdivision (f)(3)(C).

B. If Prop 64 PH&S funding is reduced or falls below estimates contained within the Prop 64 PH&S Request for Proposals Cohort 3, the BSCC shall have the option to either cancel this Grant Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount.

C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect.

In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement.

4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs. “Eligible” and “ineligible” project costs are set forth in the July 2020 BSCC Grant Administration Guide, which can be found under Quick Links here:
https://www.bscc.ca.gov/s_correctionsplanningandprograms/ The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail.

B. Grantee is responsible for ensuring that statements of expenditures submitted to the BSCC claim actual expenditures for eligible project costs.

C. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions, or commitments of this Grant Agreement.

D. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in recoupment of monies provided under this grantor suspension of future program funding through BSCC grants.

5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

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6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement.

B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%), the BSCC may withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and 3) submittal and approval of any additional required reports, including but not limited to the Final Local Evaluation Report and the financial audit.

C. The BSCC will not approve grantee expenditures for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee.

D. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding.

7. EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

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8. PROJECT BUDGET
Budget Line Items Grant Funds

1. Salaries and Benefits $840,382

2. Services and Supplies $34,618

3. Professional Services $400,000

4. Non-Governmental Organization (NGO) Subcontracts $1,500,000

5. Indirect Costs / Administrative Overhead
(may not exceed 10% of grant award) $0

6. Equipment / Fixed Assets $200,000

7. Data Collection / Enhancement $0

8. Program Evaluation $0

9. Sustainability Planning $0

10. Other (include travel & training costs) $0

11. Financial Audit $25,000
TOTALS $3,000,000
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EXHIBIT C

GENERAL TERMS AND CONDITIONS
General Terms and Conditions – GTC 04/2017

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, 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. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor 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, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

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GENERAL TERMS AND CONDITIONS

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10.NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11.CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 (https://www.dgs.ca.gov/OLS/Resources/PageContent/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language) are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12.TIMELINESS: Time is of the essence in this Agreement.

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13.COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14.GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15.ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid.

Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16.CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

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A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17.UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18.PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19.SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Gov. Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20.LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Packet Pg. 420
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EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. GRANTEE’S GENERAL RESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC are solely for the purpose of proper administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility.

B. Grantee is responsible for the performance of all project activities identified in Attachment 1: Proposition 64 PH&S Cohort 3 Grant Program Cohort 3 Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding.

C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project.

D. Grantee shall immediately notify the BSCC if there is change in circumstances so that grantee no longer meets the eligibility criteria of the Proposition 64 PH&S Cohort 3 Program Request for Proposals. Grantee must immediately notify the BSCC if there is a change in grantee’s nonprofit status or loss of good standing in the State of California (e.g., suspension or rescission of legal status by the Secretary of State for any reason, including but not limited to, failing to file forms, paying required fees, or making tax payments).

2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordinances.

B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: Proposition 64 PH&S Grant Program Cohort 3 Request for Proposal and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding, documents, amendments, approved modifications, and communications filed in support of its request for grant funds.

C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work.

3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program activities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail.

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B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.

C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the Prop 64 PH&S Grant Cohort 3 RFP and described in Appendix B.

D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained.

E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to:
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final grant project audit under the Grant Agreement, and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant-funded project.

4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period.

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5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices.

B. Grantees are required to provide the BSCC with a financial audit within no later than the end of the contract term (October 31, 2028). The financial audit shall be performed by a Certified Public Accountant or a participating county or city auditor that is organizationally independent from the participating county’s or city’s project financial management functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.

C. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement or take other remedies legally available.

6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been:

1. debarred by any federal, state, or local government entities during the period of debarment; or

2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction.

Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state, or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract.

BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation.

All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required as Appendix F of the original Proposal Package).

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7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in the Attachment 1: Proposition 64 PH&S Grant Program Cohort 3 Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding. Changes shall not be implemented by the project until authorized by the BSCC.

8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Such action or inaction includes but is not limited to:
1) substantial alteration of the scope of the grant project without prior written approval of the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: Proposition 64 PH&S Grant Program Cohort 3 Request for Proposals and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding, or approved modifications;
3) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement; and
4) if grantee no longer meets the criteria of an eligible applicant. A grantee no longer meets the criteria of an eligible applicant if grantee’s nonprofit status changes or grantee is no longer in good standing with the State of California. A loss of good standing may include suspension or rescission of legal status by the California Secretary of State for any reason, including but not limited to, failing to file forms, pay required fees, or making tax payments.

B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 9.

Settlement of Disputes.

9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual Packet Pg. 424
City of San Bernardino
BSCC 908-22

Page 5 of 5 ends

EXHIBIT D

SPECIAL TERMS AND CONDITIONS
information. The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a decision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30- day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies.

B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement.

Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement.

C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later.

D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction.

10.WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver.

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SECTION I -

APPLICANT

INFORMATION
This section requires information about the applicant (County/City), grant funds being requested, proposed project synopsis and project officials.

Name of Applicant
('Name' County or
City of 'Name')
City of San Bernardino
Tax Identification
Number
95-6000772
Grant Funds
Requested - Whole
dollars only
3,000,000
Applicant's Physical
Address
290 North D. Street
San Bernardino
CA
92401
US
Applicant's Mailing
Address (if different
than physical
address)
n/a
Mailing Address For
Reimbursement
Payments
290 North D St.

San Bernardino
CA
92401
US
Project Title City of San Bernardino Youth Outreach, Crime Enforcement, and Cannabis Awareness Program
Project Summary The City of San Bernardino's Youth Outreach, Crime Enforcement, and Cannabis Awareness Program will support a dedicated enforcement, education, and outreach effort to reduce the impact of cannabis and cannabis-related businesses in the City. Grant funds will support a full-time management analyst and be used to purchase equipment and salaries to support a dedicated data-driven enforcement effort to reduce crime near cannabis production and sales locations. The Police Department will partner with Code Enforcement to ensure legal compliance and use technology and investigative efforts to address illegal cannabis sites by identifying responsible parties and holding them accountable. Additionally, the Police Department will partner with Community-Based Organizations to provide assistance and resources to help develop the City's youth into successful adults. Grant funding will also support the development of an educational campaign via social media and community engagement at public events.

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Proposed Project
County/City Size for
Funding Distribution
Large-sized county or a city within a large-sized county Project Purpose
Areas (PPAs)
PPA 1: Youth Development/Youth Prevention and Intervention PPA 3: Public Safety
PPA 2: Public Health
Lead Public Agency
(LPA) Information
This sub-section requires information about the governmental agency with local authority of or within the county or city that will be acting as the LPA. Additionally, this section requires names and contact information for the individuals identified as the Project Director, Financial Officer, Day-to-Day Project Contact, Day-to-Day Fiscal Contact, and the Authorized Officer with signing authority.

Lead Public Agency
(LPA)
San Bernardino Police Department
Project Director Nicholas
Oldendorf
Project Director's
Title
Lieutenant
Project Director's
Physical Address
710 N D St.

San Bernardino
CA
92401
US
Project Director's
Mailing Address (if
different than
physical address)
n/a
Project Director's
Email Address
[email protected]
Project Director's
Phone Number
+19093845775
Financial Officer Susan
Stevens
Financial Officer's
Title
Senior Management Analyst
Financial Officer's
Physical Address
710 N D St.

San Bernardino
CA
92401
US
Packet Pg. 427
Financial Officer's
Mailing Address (if
different than
physical address)
n/a
Financial Officer's
Email Address
[email protected]
Financial Officer's
Phone Number
+19093845693
Day-To-Day Program
Contact
Nicholas
Oldendorf
Day-To-Day Program
Contact's Title and
Agency/Department/Organization
Lieutenant, San Bernardino Police Department
Day-To-Day Program
Contact's Physical
Address
710 N D St.

San Bernardino
CA
92401
US
Day-To-Day Program
Contact's Email
Address
[email protected]
Day-To-Day Program
Contact's Phone
Number
+19093845775
Day-To-Day Fiscal
Contact
Susan
Stevens
Day-To-Day Fiscal
Contact's Title with
Agency/Department/Organization
Senior Management Analyst, San Bernardino Police Department Day-To-Day Fiscal
Contact's Physical
Address
710 N D St.

San Bernardino
CA
92401
US
Day-To-Day Fiscal
Contact's Email
Address
[email protected]
Day-To-Day Fiscal
Contact's Phone
Number
+19093845693
Packet Pg. 428
Name of Authorized
Officer*
Francisco
Hernandez
I hereby certify I am
vested by the
Applicant with the
authority to enter into
contract with the
BSCC, and the
grantee and any
subcontractors will
abide by the laws,
policies, and
procedures
governing this
funding.
checked
Date of Assurance 12/1/2022
Authorized Officer's
Title and
Agency/Department
Assistant Chief of Police, San Bernardino Police Department Authorized Officer's
Physical Address
710 N. D St
San Bernardino
CA
92401
US
Authorized Officer's
Email Address
[email protected]
Authorized Officer's
Phone Number
+19093845740

SECTION II -

PROPOSAL

ABSTRACT
The Proposal Abstract should provide a brief summary of the proposed project. This section will not be included in the rating of the proposal.

Packet Pg. 429

PROPOSAL

ABSTRACT
The City of San Bernardino requests $3,000,000 in funding to develop a data-driven, multi-pronged approach to address public health and safety concerns associated with implementing Proposition 64. First, the Police Department will develop a partnership with multiple stakeholders to support public health and safety associated with AUMA. The Department will fund equipment, technology, and staff to support the intent of Proposition 64 by preventing and mitigating non-medical marijuana production and sales out of the hands of the illegal market through enforcement and education. The Department will use grant funding to support youth development, prevention, and intervention efforts, to partner with community-based organizations (CBOs). The CBOs will outreach and establish various youth development programs ranging from educational to physical activities to improve the lives of children and adolescents in the City.

Finally, the Department will establish a research partner to identify current benchmarks related to racial justice analyses of the Department and community, impacts associated with the
implementation of Proposition 64, and perform annual evaluations to measure the Department's efforts towards accomplishing the identified goals.

SECTION III -

PROPOSAL

NARRATIVE
This section requires responses
Proposal Narrative
Instructions
The Proposal Narrative section must address the following Rating Factors- Project Need, the Project Description, and the Project Evaluation - as outlined in the Prop 64 Cohort 3 RFP Information Packet, beginning on page 18 of the Prop 64 Cohort 3 RFP Instruction Packet. Narrative in this section must clearly identify and delineate each Factor Section (i.e., Project Need, the Project Description, and the Project Evaluation) when responding. Sources cited must be included within Proposal Narrative or may be referenced within the optional RFP- Additional Information attachment . It is up to the applicant to determine how best to use the total character limit in addressing each section (i.e., Project Need, the Project Description, and the Project Evaluation) . However, the Applicant may use the percent of total point value for each section as a guide. The Rating Factors and weighted value are provided in the Prop 64 Cohort 3 RFP Instruction Packet (Page 15). The Project Work Plan must also be uploaded to this Section as it is rated under the Project Description Rating Factor (2.6).

Proposal Narrative Project Need
The City of San Bernardino (City) is a municipality in need of assistance, with a population comprised of racial and financial juvenile demographics that are exceptionally vulnerable to critical issues, including violent crime and public health and safety threats associated with the implementation of Proposition 64. A recent 2022 study identified the City of San Bernadino as the most dangerous city in California and the third most dangerous city in the nation. The high crime rate is not unique to 2022, as the City has consistently ranked Packet Pg. 430
amongst the most dangerous cities in California for many years.

Additionally, the City's poverty rate is 63% greater than the county and 92% greater than the state average. Consequently, the City has had limited to no resources to dedicate to improving public health and safety associated with implementing Proposition 64. Therefore, the City is requesting $3,000,000 in grant funding to support the City of San Bernardino Youth Outreach, Crime Enforcement, and Cannabis Awareness Program.

The City has not banned indoor and outdoor commercial cannabis cultivation or retail sale of marijuana or marijuana products. As a result, there are 12 authorized cannabis vendors in the City, with an additional nine in various stages of licensing. Additionally, the Police Department has identified 26 locations illegally distributing cannabis and 12 sites suspected of cultivating cannabis illegally. With the abundance of available commercial real estate coupled with absentee property owners and managers, many illegally operated cannabis locations are doing so without rules or regulations. Non-permitted cannabis sites are also not subject to business regulations, such as the franchise tax board, workers' compensation, and environmental protection regulations. These illegally operated locations stand to make large profits, which exceed any administrative or civil penalty placed on them by the City, making them virtually impossible to shut down permanently.

The City is a diverse community with a high poverty rate. These two demographics have been identified as likely to suffer from a more significant consequence of marijuana use and exposure. One study of low-income, Black adolescents found that marijuana use clustered in neighborhoods with higher rates of crime and percentages of families living in poverty. (Reboussin, 2016) A second study found that heavy marijuana use as an adolescent is likely to increase the likelihood of being unmarried, having a lower income or living below the poverty line, and feeling more anxious in midlife. (Green, 2017) The City's demographics, combined with the lack of resources, leave the City's youth without a resource to prevent the negative impacts of marijuana use and illegal sales.

The City's crime rate, demographics, and abundance of cannabis access threaten an already vulnerable community. The City lacks resources to address this threat through youth outreach, and the Police Department's focus is consistently dedicated to priority crimes, resulting in a considerable service gap. The proposed program will focus specifically on the vulnerabilities related to youth development (PPA 1), public health (PPA 2), and public safety (PPA 3). The City has identified the needs related to this program through statistical data and community outreach to involved stakeholders.

Project Description
The City will use a multi-pronged approach incorporating the Police Department, Code Enforcement, and Community Based
Organizations to address health and public safety gaps associated with Proposition 64. The Police Department and Code Enforcement Packet Pg. 431
will be responsible for public safety (PPA 2) and public health (PPA 3) efforts through compliance checks, education, and enforcement. The CBOs will provide outreach and services dedicated to youth development, prevention, and intervention (PPA 3). More than 50% of the requested funding will be dedicated to youth development programs. The foundation and success of the program will rely heavily on a positive relationship between the Department and the community. A research partner will perform three separate evaluations to support that relationship and evaluate the program.

The evaluations will be at the beginning, middle, and end of the program to identify racial justice benchmarks in the Department's policing efforts and the effect of Proposition 64 on the City's economic and crime development over the years since its adoption.

The target area for enforcement will be areas near cannabis vendors, while the outreach and education efforts will be made City wide to a diverse community that suffers from one of the highest crime rates in the nation and a poverty rate nearly twice the state average.

Enforcement
In the last four years, the Department has reorganized to support a community policing model by developing community policing teams and reforming the previously dissolved proactive special enforcement teams. Additionally, the Department has proven capable repeatedly of successfully implementing grant-funded programs dedicated to meeting specified grant requirements, including crime prevention and community outreach. One example of that success that will prove an asset to the proposed marijuana awareness program is that the Department has been awarded Bureau of Justice Assistance (BJA) Project Safe Neighborhoods Grant funds for the last three fiscal years. These funds have supported data-driven policing efforts in the form of teams of officers working overtime in areas of the City identified as having a high risk of violent crime.

Consequently, the Department is in a prime position to leverage Proposition 64 Public Health and Safety Grant Program funding to implement a successful cannabis enforcement, education, and outreach program.

The primary enforcement efforts will be dedicated to enforcing the intent of Proposition 64, which is to remove marijuana sales and production from the illegal market, prevent access by minors, and protect public safety and public health. To support this effort, the Police Department has identified legal and illegal cannabis vendors in the City. Department data reveals significant crime near cannabis sales locations. In 2021, more than 1,239 crimes were reported within 1,000 feet of a cannabis sales location. In 2020, there were six homicides directly related to illegal cannabis operations. The Police Department and Code Enforcement will use grant funding to ensure compliance by legal cannabis vendors and apply enforcement and educational efforts to identify illegal vendors.

Although the Department has the resources to address illegal cannabis vendors, the transient nature of the business coupled with Packet Pg. 432
the City's crime rate only allows for small windows of time to dedicate enforcement efforts. To develop the data and evidence necessary to take significant and lasting action against illegal cannabis vendors and crime that occurs in the areas of cannabis vendors, the Department requires resources essential for more extended periods of monitoring activity. To support public safety and reduce crime, the Department will use grant funding to purchase covert mobile surveillance equipment to monitor the high-crime areas near cannabis sales sites. The July 2020 BSCC Grant Administration Guide states, "Equipment that is directly related to and used for project activities will be considered for purchase approval only if no other equipment owned by the applicant is available and suitable for the project." The surveillance equipment will support the proposed program enforcement efforts. The Department does not possess any equipment that could perform the same function, and the duration and frequency of use required through the program would make renting similar equipment unrealistic. The Department can also not identify a vendor that rents the requested equipment or is likely to provide five-year rental terms.

The Department will only use surveillance equipment in accordance with all rights to privacy for the sole purpose of preventing and taking enforcement action on criminal behavior. The cameras and surveillance equipment will act as force multipliers as they gather data that civilian investigators can observe later to serve several purposes. First, they will capture evidence of criminal activity in the area of cannabis sales sites. They will also help officers to identify children and adolescents who frequent the area or the cannabis location. The Department will use information gathered from surveillance cameras to direct enforcement patrols and compliance checks at the most effective time of day and week to support the Public Health and Public Safety PPAs. As previously described, illegal cannabis vendors are notoriously challenging to close long-term.

Often the actual responsible party of the location is never identified, and an employee is faced with an administrative or criminal charge.

Grant-funded surveillance equipment will allow the Special Investigative Teams to perform thorough investigations and identify, hold accountable, and or educate the genuinely responsible parties for illegal cannabis vendors. Additionally, the Department will use the data to identify trends with youth to help develop deterrent patrols to prevent youth marijuana-related activity and identify children and adolescents to refer to community-based organizations for outreach supporting PPA 1.

Grant funding will be used to fund overtime shifts for data-driven impact patrols to reduce crime and to perform long-term investigations into illegal cannabis sites. The Special Investigative Teams and overtime-funded data-driven impact teams will be responsible for program enforcement efforts.

The Police Department and Code Enforcement efforts will accomplish the following goals:

Packet Pg. 433
• A reduction in crime within 1,000 feet of cannabis vendors. • A reduction in the number of illegal cannabis vendors in the City. • A reduction in the recidivism of illegal cannabis vendors. • An increase in enforcement and compliance check efforts. • Identify youth impacted by cannabis, whether by the threat of proximity or through illegal use.

Education
The Department has invested many resources in developing several avenues of community engagement that will be utilized to educate the community on cannabis awareness and the hazards it poses to the youth. The Department has numerous social media accounts with a following of over 172,000. Social media platforms will be used to develop a campaign to educate the community and highlight the services and resources offered to youth by the partner CBOs. In addition to social media, officers participate in over 300 community events annually. Officers will develop educational handouts and utilize community events to share material on cannabis awareness and highlight services and resources available through CBOs. The education efforts will support PPA 1, youth development, and PPA 2, public health, by addressing the basic needs of the youth and educating the community on cannabis safety.

The Department's education efforts will accomplish the following goals:
• Share educational material related to marijuana awareness with a broader audience.
• Provide youth with access to resources and services necessary to promote health and development.
• Highlight the program's successful efforts for the community and develop community trust.
• Increase participation in CBO programs through education and information sharing.

Outreach, Prevention, Intervention
Half of the grant funding requested will be used to fund CBOs dedicated to developing programs intended to improve the lives of children and adolescents by meeting their basic needs and helping to develop the skills and knowledge necessary to be successful adults.

In addition, the Department has partnered with the NAACP Branch 1062 through the Women's Inspirational Network and Project Fighting Chance to implement successful youth programs and help identify CBOs that will provide services to the community resulting in the successful development of youth participants. The following is a list of some but not all of the services that CBOs may provide. • Financial Literacy Skills
• Under Age Peer Advocacy Prevention Clubs
• Youth Recovery Support Groups
• Youth-driven community think tanks
Packet Pg. 434
• Education related to laws regarding the compliance of cannabis industry operations and sales
• Mentorship programs with civic leaders
• Alternative activities for youth to thrive in a harmonious environment
• Fitness and social-emotional learning designed to reduce childhood violence, aggression, and trauma
In addition to the Women's Inspirational Network and Project Fighting Chance, CBOs will be solicited annually to submit applications to request funding to provide youth development programs. All CBOs must meet the minimum criteria for Non-Governmental Organizations to receive funding. The Department will work with stakeholders to develop a committee to select CBOs for funding. The Department will use grant funding to hire a Management Analyst for the duration of the program that will be responsible for all tracking, compliance, and program reporting.

The CBOs will provide critical alternatives to the City's youth that will beat the odds of poverty and crime stacked against them and help develop future successful adults. The CBOs will accomplish the following goals:
• Increase participation in programs
• Reduce recidivism of undesirable activity (marijuana use, poor school attendance, compliance with laws and rules, etc.) • Increase the number of youth directed to successful paths through program participation
Analysis and Measurement
The success of the Department's Youth Outreach, Crime
Enforcement, and Cannabis Awareness Program will rely heavily on trust and a positive relationship between the community and the Department. While the Department has made significant efforts to improve and build relationships with the community, it has not been immune to the increased scrutiny faced by law enforcement agencies across the nation regarding racial equity in policing. Therefore, the Department has partnered with Sicuro Data Analytics as part of the grant-funded program. Upon implementing the program, Sicuro will analyze the Department's data on policing and potential racial disparities to develop evidence-based solutions to improve public safety services and promote positive relationships with the community. Additionally, Sicuro will analyze data specific to cannabis and the impacts of Proposition 64 on the City. Halfway through the program, Sicuro will perform another analysis to identify progress based on the program's established goals. The second report will be used to identify effectiveness and develop longer-term strategies.

After the program, Sicuro will produce a final analysis and produce a report outlining successful strategies and progress.

Sicuro will generate reports that accomplish the following goals:

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* Identify a benchmark for the Department regarding policing practices as they relate to racial equity.
* Identify factors resulting from the adoption of Proposition 64 that the Department can direct programmatic efforts.
* Identify progress and lack of progress toward goals throughout the program.

Project Evaluation
The Department will use multiple sources to evaluate the project throughout the grant period. First, the project manager, the police lieutenant, will identify metrics to track the success of enforcement and education activities and develop a spreadsheet to track statistical data. Data will include but not be limited to:
• The number of illegal cannabis vendors cited and closed. • The number of cannabis vendors found to be out of compliance. • The number and type of enforcement activities taken (Crime Type, Action Taken, Evidence Confiscated, etc.).
• The number of recidivist cannabis vendors identified. • The number of crimes occurring within 1,000 feet of a cannabis vendor.
• The number of youth referred to CBOs for services and resources. • The number of views the social media educational campaign receives.
• The number of likes and shares the social media educational campaign receives.
• The number of community events where educational handout material is provided to the community.

The project manager will use the statistical data to identify successful strategies and direct program efforts. Success will be measured based on increased enforcement and education efforts and reduced illegal cannabis activity and criminal activity within 1,000 feet of a cannabis vendor.

The Department will use grant funds to hire a management analyst.

The management analyst will be responsible for collecting and tracking data provided by the CBOs. The data will include but not be limited to the following:
• The number of participants.
• How participants learned of the program.
• Participant demographics.
• Participant success stories.
• Participant accomplishments.

The success of CBO efforts will be measured based on increased participation compared to years before the cannabis awareness program, participation as a result of the Department's educational campaign, a reduction in recidivist behavior, and participant success stories. Finally, the Department will use grant funding to partner with Sicuro Data Analytics to perform three analyses of the City and the Packet Pg. 436
impacts of cannabis awareness program efforts.

Conclusion
San Bernardino's citizens, particularly the youth, are exceptionally vulnerable to the impacts of crime, public safety, and health hazards related to illegal cannabis production, sales, and use. The City's exceptional crime rate and limited resources have taxed the Police Department's capabilities, preventing the Department from making a dedicated effort toward public safety, public health, and youth development related to the effects of Proposition 64. The Department is confident that it has developed a program that will help protect the community and youth and reduce crime and the occurrence of illegal cannabis vendors. The Department will only be capable of implementing a dedicated effort with the support of Proposition 64 Public Health and Safety Grant Funding. Successful funding and implementation of the described program will allow the Department to develop a culture and strategies of enforcement, education, and outreach that will remain sustainable beyond the grant term.

References
Green, K. M., Doherty, E. E., & Ensminger, M. E. (2017). Long-term consequences of adolescent cannabis use: Examining intermediary processes. The American journal of drug and alcohol abuse, 43(5), 567–575. https://doi.org/10.1080/00952990.2016.1258706
Reboussin, B. A., Milam, A. J., Green, K. M., Ialongo, N. S., & FurrHolden, C. D. (2016). Clustering of Black Adolescent Marijuana Use in Low-Income, Urban Neighborhoods. Journal of urban health : bulletin of the New York Academy of Medicine, 93(1), 109–116.
https://doi.org/10.1007/s11524-015-0014-9
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1 Applicants must complete a Project Work Plan. This Project Work Plan identifies measurable goals and objectives, activities and services, responsible parties for those activities and services, and estimated timelines. Completed plans should (1) identify the project’s top goals and objectives; (2) identify how the top goals will be achieved in terms of the activities, responsible staff/partners, and start and end dates; and (3) provide goals and objectives with a clear relationship to the need and intent of the grant. As this grant term is for five (5) years, the Project Work Plan must attempt to identify activities/services and estimate timelines for the entire grant term. Include data and sources that will be used to measure project outcomes.

Applicants must use the Project Work Plan provided below. You will be prompted to upload this document to the BSCC-Submittable Application. (1) Goal: > Reduce Crime and Illegal Cannabis Vendors
Objectives
(A., B., etc.)
> Increase Enforcement Activity, Identify Target Areas
Process &
Outcome
Measures:
>
Measure increase in citations, arrests, and complaince checks.

Measure reduction in illegal cannabis sites.

Measure over impact of enforcement efforts on the crime rate.

Mearure the number of youth referreals to community based organizations.

Project activities/services that support the identified goal and objectives:
> Surviellance of Targeted Areas, Data Driven Patrols of Targeted Areas, Complaince Checks
Responsible
staff/ partners
Timeline
Start Date End Date
> Special
Investigative
Teams,
Community
Policing
Teams, Data
Driven Patrols,
Code
Enforcement,
Project
Manager
> May 1,
2023
> April 30,
2028
List data and sources to be used to measure outcomes: > The data will be tracked by the responsible staff and gathered and retained by the project manager.
(2) Goal: > Implement Educational Campaign
Objectives
(A., B., etc.)
> Use social media platforms and handouts to educate the community.

Process &
Outcome
Measures:
> Measure social media views
Measure social media reception
Measure the number of community events where educaitional material is handed out Project activities/services that support the identified goal and objectives:
> Develop a social media strategy that included scheduled consistent posts and engagement. Develop educational handouts
Responsible
staff/ partners
Timeline
Start Date End Date
> Community
Affairs Unit
> May 1,
2023
> April
30,2028
List data and sources to be used to measure outcomes: > Analytics from Social Media Platform. Data reported by community policing officers to the project manager.

Prop 64 PH&S Grant Program
Project Work Plan
Packet Pg. 438
2 (3) Goal: > Partner with Community Based Organizations for Youth Development Programs Objectives
(A., B., etc.)
> Provide $300,000 in grants each year to CBOs through and application process Process &
Outcome
Measures:
> Measure program participation
Project activities/services that support the identified goal and objectives:
> Solicit CBOs to provide proposal for youth programs
Responsible
staff/ partners
Timeline
Start Date End Date
> CBOs
Management
Analyst
> May 1,
2023
> April 30,
2028
List data and sources to be used to measure outcomes: > The management analyst will identify the data participating CBOs must track during the duration of the program.
(4) Goal: > Analyze and Measure Effectiveness
Objectives
(A., B., etc.)
> Contract with Sicuro to Analzye the Department effectiveness Process &
Outcome
Measures:
> Sicuro will gather Department, City, and Program Data to perform three separate assessments throughout the program.

Project activities/services that support the identified goal and objectives:
> Data gathering
Responsible
staff/ partners
Timeline
Start Date End Date
> Sicuro,
Project
Manager
> May 1,
2023
> April 30,
2028
List data and sources to be used to measure outcomes: > Sicuro will use historical data related to the Department and City, as well as data generated from the program.

Packet Pg. 439
Grant Funds
$840,382
$34,618
$400,000
$1,500,000
$200,000
$0
$0
$0
$0
$25,000
$0
$3,000,000
Grant Funds
$26,352
$45,000
$564,502
$199,980
$75,900
$840,382
Salaries and Benefits Narrative:

Grant Funds
$87,500
$34,618
$34,618
Description of Professional Service(s) Grant Funds
$110,000
$400,000
Services and Supplies Narrative:

TOTAL
Contract with Sicuro Data Analytics
The Department will purchase educational materials and handouts to provide the community to increase cannabis awareness and encourage participation in Community Based Organization programs.

3. Professional Services
Example: Contract with Social Marketing Firm to
design content for website, social media channels
and support.

Calculation for Expenditure
Initial year $50,000 for design and implementation
Each subsequent year technical support and ongoing monitoring/maintenance for website. $15,000 per year for 4 years
Initial year $200,000 + $100,000 in year three +100,000 in year five.

TOTAL
Example: Supportive Services (bus passes, gas
cards, office supplies, uniforms)
Educational Material
The Department will use $564,502 to hire a management analyst for the duration of the program to manage the grant reporting, collect data, develop strategy, and evaluate the effectiveness of programmatic efforts. The grant will include partnerships with CBOs and numerous reporting and data tracking requirments. The Department needs funding for the Management Analsyt position to ensure success of the program. To support enforcement efforts the Department will use $275,880 to pay of overtime dedicated to data driven patrols and enforcement efforts intended to reduce crime near cannabis vendors and conduct investigations to reduce the occurrence of illegal cannabis vendors. Overtime funds are critical to the program to ensure consistent data driven enforcement efforts due the City’s high day to day demand for police services.

The salaries outlined and scheduled hours may vary depending on the seniority and rank of officers working each overtime shift and the demand for enforcement efforts; however, they will not exceed the requested total for overtime of $275,880.

2. Services and Supplies
Description of Services or Supplies Calculation for Expenditure $350 x 50 Participants for each of the 5 years
$30,000 to pay for educational handouts and develop a social media campaign.

Management Analyst I Year One
Police Officer
Sergeant
100 FTE @ $112,900 x 5 years = $564,502
$101/hour x 33 hours/month x 5 years = $199,980
$115 x 11 hours/month x 5 years = $75,900

3. Professional Services

4. Non-Governmental Organizations (NGO) Contracts

5. Equipment / Fixed Assets
Title
Example (Hourly): Fiscal Manager
Example (FTE): Counselor

1. Salaries and Benefits

6. Data Collection / Enhancement

7. Program Evaluaiton

11. Indirect Costs/Administrative Overhead (Costs may be charged at an amount not to exceed ten percent (10%) of the actual total direct project costs.) TOTAL
(% FTE or Hourly Rate) & Benefits
$60/hour x 10 hours/month x 3 years = $21,600 + benefits @ 22% = $4,752 .25 FTE @ $60,000 x 3 years = $45,000

8. Sustainability Planning

9. Other (include any travel and/or training costs)

10. Financial Audit (Up to $25,000 may be allocated for an end of project financial audit.) Request for Proposals Section IV: Project Budget and Budget Narrative Proposition 64 Grant Program Cohort 3 Applicant: City of San Bernardino Project Budget: Enter estimated costs for reimbursement for the full five (5) year grant term.

Note: This top table will auto-populate based on the information entered in the sections below.

Budget Line Item

1. Salaries and Benefits

2. Services and Supplies
Packet Pg. 440
$400,000
Description of Subcontract Grant Funds
$18,000
$1,500,000
$1,500,000
Description of Equipment/Fixed Asset Grant Funds
$85,000
$200,000
$200,000
Grant Funds
$10,329
$0
Grant Funds
$25,750
$0

7. Program Evaluation
Description
Example: Contract with ABC Researchers to develop Evaluation Plan, Final Report, and assist with Quarterly Progress Reports TOTAL
Data Collection / Enhancement Narrative:

TOTAL
To develop the data and evidence necessary to take significant and lasting action against illegal cannabis vendors and crime that occurs in the areas of cannabis vendors, the Department requires resources essential for more extended periods of monitoring activity. To support public safety and reduce crime, the Department will use grant funding to purchase covert mobile surveillance equipment to monitor the high-crime areas near cannabis sales sites. The July 2020 BSCC Grant Administration Guide states, "Equipment that is directly related to and used for project activities will be considered for purchase approval only if no other equipment owned by the applicant is available and suitable for the project." The surveillance equipment will support the proposed program enforcement efforts. The Department does not possess any equipment that could perform the same function, and the duration and frequency of use required through the program would make renting similar equipment unrealistic. The Department can also not identify a vendor that rents the requested equipment or is likely to provide five-year rental terms.

6. Data Collection / Enhancement
Equipment/Fixed Assets Narrative:

Description
Example: Data ad hoc reporting and upgrades for BSCC Quarterly Progress Report measures TOTALS
Example: Purchase of Vehicle
Surviellance Equipment
4x4 Truck and tow package as available (Market Value)
Calculation for Expense
$200,000
Non-Governmental Organizations (NGO) Subcontracts Narrative:

The Department will release a solicitation annually to seek proposals from NGOs to provide the desired youth development programs throughout the year. The Department will partner with community stakeholders to select winning applications.

5. Equipment/Fixed Assets
TOTALS

4. Non-Governmental Organizations (NGO) Subcontracts
Example: NGO Contract- To be identified
NGOs
Calculation for Expenditure
Cannabis Prevention Classes $150 x 24 classes per year (x 5 years) $300,000 x 5 years = $1,500,000
Professional Services Narrative:

Upon implementing the program, Sicuro will analyze the Department's data on policing and racial justice to develop evidence-based solutions to improve public safety services and promote positive relationships with the community. Additionally, Sicuro will analyze data specific to cannabis and the impacts of Proposition 64 on the City.

Halfway through the program, Sicuro will perform another analysis to identify progress based on the program's established goals. The second report will be used to identify effectiveness and develop strategy. After the program, Sicuro will produce a final analysis report identifying successful strategies and progress. The Department does not have the resources or internal expertise to perform the analsysis that Sicuro is capable of performing.

TOTAL
Packet Pg. 441
Grant Funds
$8,575
$0
Grant Funds
$7,500
$0
Grant Funds
$25,000
$25,000
$25,000
Grant Funds
TOTAL
Financial Audit Narrative:

The Department will contract with a Certified Public Accountant to provide the final fiscal audit.

Example: Room rental for quarterly strategic planning meeting for community & gov't partners to continue services post-award.

TOTAL
Sustainability Planning Narrative:

The Department will develop strategies and relationships with Community Based Organizations that will sustain program efforts beyond the five year grant term. Sustained enforcement efforts will occur through each adopted annual budget.

Example: Training Classes for Enforcement Officers
TOTAL
Description: Indirect costs may be charged at an amount not to exceed ten percent (10%) of the actual total direct project costs.

Program Evaluation Narrative:

8. Sustainability Planning
Description

9. Other (Travel, Training, etc.)
Indirect Costs Narrative:

Description
Other (Travel, Training, etc.) Narrative:

TOTAL

11. Indirect Costs

10. Financial Audit
Description
Example: Contract with XYZ Certified Public Accountant to provide final fiscal audit Contract with Certified Public Accountant to provide final fiscal audit Calculation for Expense
$2,500/partipant x 3 participants; includes training costs, travel, and per diem.

Packet Pg. 442
December 1, 2022
I, Terry Boykins, Executive Director of the Project Fighting Chance nonprofit organization, strongly support the City of San Bernardino Youth Outreach, Crime Enforcement, and Cannabis Awareness Program. Furthermore, we commit to partner with the San Bernardino Police Department in their efforts to address public health and safety concerns associated with the implementation of the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA).

Our efforts, in conjunction with the San Bernardino Police Department, will support community youth advancement, and assist in the prevention of youth marijuana use through educational, physical and character development programs. Combining our network of local youth with the San Bernardino Police Department, through the City of San Bernardino Youth Outreach, Crime Enforcement, and Cannabis Awareness Program, will be a force multiplier generating a tremendous impact on community youth who are most susceptible to the consequences of Marijuana use. Furthermore, we are excited to build and grow our partnership with the San Bernardino Police Department to extend this impact for generations to come.

Now more than ever, at-risk youth can benefit from public-private collaboration. I’m confident that this alliance can change the trajectory of the lives of those who are called to be the future leaders in our communities, and I look froward to contributing to such a change.

I thank you in advance for your consideration in funding this impactful program.

Respectfully,
Terry Boykins
Packet Pg. 443
Women’s Inspirational Network
1505 W Highland Ave Ste 6
San Bernardino, CA 92411
O: 909-341-0750
I, Che` Wright of the Women’s Inspirational Network, in partnership with the San Bernardino NAACP Branch 1062, strongly support the City of San Bernardino Youth Outreach, Crime Enforcement, and Cannabis Awareness Program.

The NAACP is the home of grassroots activism for civil rights and social justice. The San Bernardino NAACP Branch 1062 has been an active member of that fight since 1941. The San Bernardino NAAP branch is a supportive partner of the collaborative efforts created to contribute to change positively and advancement in our community that we collectively aim to serve. Furthermore, we commit to partner with the San Bernardino Police Department in their efforts to address public health and safety concerns associated with the implementation of the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA).

Our efforts, in conjunction with the San Bernardino Police Department, will support community youth advancement and assist in the prevention of youth marijuana use through educational, physical, and character development programs. Combining our network of local youth with the San Bernardino Police Department through the City of San Bernardino Youth Outreach, Crime Enforcement, and Cannabis Awareness Program will be a force multiplier generating a tremendous impact on community youth who are most susceptible to the consequences of Marijuana use. Furthermore, we are excited to build and grow our partnership with the San Bernardino Police Department to extend this impact for generations.

Now more than ever, at-risk youth can benefit from public-private collaboration. I’m confident that this alliance can change the trajectory of the lives of those called to be the future leaders in our communities, and I look forward to contributing to such a change.

I thank you in advance for your consideration in funding this impactful program.

Respectfully,
Che` Wright
Executive Director of W.I.N.

Packet Pg. 444
City of San Bernardino
BSCC 908-22

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APPENDIX A
PROPOSITION 64 PH&S GRANT PROGRAM COHORT 3

SCORING PANEL ROSTER
Name Title Organization
1 Guillermo Viera Rosa
(Chair)
BSCC Board Member
Director, Div. of Adult
Parole
CA Department of Corrections
and Rehabilitation
2 Devin Gray Policy Research Department of Cannabis Control – Policy and Research Division
3 Jim Keddy Director Youth Forward
4 Ata Khan Planning Manager City of Pomona – Development Services
5 Charles Smith Commander Department of Cannabis Control – Law Enforcement Division
6 America Velasco Pre-Trial Services
Coordinator Solano County Superior Court
Packet Pg. 445
City of San Bernardino
BSCC 908-22

Page 1 of 2 ends

APPENDIX B

CRITERIA FOR NON-GOVERNMENTAL ORGANIZATIONS RECEIVING
PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT FUNDS
The Proposition 64 Public Health and Safety (Prop 64 PH&S) Grant Program Cohort 3 Request for Proposals (RFP) includes requirements that apply to non-governmental, community-based organizations. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving Prop 64 PH&S Cohort 3 funds. The RFP describes these requirements as follows:

The Prop 64 PH&S Grant Program Cohort 3 RFP includes requirements that apply to non-governmental organizations that receive funds under this grant. All grantees are responsible for ensuring that any contracted third parties continually meet these requirements as a condition of receiving Prop 64 PH&S Grant Program Cohort 3 funds.

The RFP describes these requirements as follows.

Any non-governmental organization that receives Prop 64 PH&S Grant Program Cohort 3 funds (as either subgrantee or subcontractor) must:
• Have been duly organized, in existence, and in good standing for at least six months prior to the effective date of its fiscal agreement (i.e., December 1, 2022) with the BSCC or with the Prop 64 PH&S grantee. Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six-month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grant agreement with the BSCC or the start date of the grantee-subcontractor fiscal agreement. • Be registered with the California Secretary of State’s Office, if applicable; • Have a valid business license, Employer Identification Number (EIN), and/or Taxpayer ID (if sole proprietorship);
• Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and
• Have a physical address.

Non-Governmental Organizations (NGOs) include: community-based organizations (CBOs), faith-based organizations (FBOs), nonprofit organizations/501(c)(3)s, evaluators (except government institutions such as universities), grant management companies and any other non-governmental agency or individual. Note: These criteria do not apply to government organizations (e.g., counties, cities, school districts, etc.).

Packet Pg. 446
City of San Bernardino
BSCC 908-22

Page 2 of 2 ends

APPENDIX B

CRITERIA FOR NON-GOVERNMENTAL ORGANIZATIONS RECEIVING
PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT FUNDS
In the table below, provide the name of the Grantee and list all contracted parties.

Grantee: City of San Bernardino
Grantees are required to update this list and submit it to BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on-site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the Prop 64 PH&S Grant Program Cohort 3 RFP. These records will be subject to the records and retention language found in Appendices A and C of the Standard Agreement.

The BSCC will not disburse or reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file.

A signature below is an assurance that all requirements listed above have been met.

AUTHORIZED SIGNATURE
(This document must be signed by the person who is authorized to sign the Grant Agreement.)

NAME OF AUTHORIZED OFFICER TITLE TELEPHONE

STREET ADDRESS CITY STATE ZIP CODE

EMAIL ADDRESS
SIGNATURE (Blue Ink Only or E-signature) DATE
x
Name of Contracted Party Address Email / Phone Meets All Requirements
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Yes ☐ No ☐
Packet Pg. 447
1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND SICURO DATA ANALYTICS, LLC
This Agreement is made and entered into as of July 1st, 2023 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Sicuro Data Analytics LLC, a Limited Liabillity Company with its principal place of business at 317 W. Ventura Blvd.

Camarillo, CA 93010 (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:

Provide analysis of City data as outlined in attachment A (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Packet Pg. 448
2 Consultant under this Agreement exceed the sum of $400,000. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

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

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

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

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

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

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

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

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances Packet Pg. 449
3 include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.

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 Packet Pg. 450
4 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. 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 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:

Packet Pg. 451
5 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.
c. Reserved.
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 Packet Pg. 452
6 Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.

At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
Packet Pg. 453
7 (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy shall 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 Packet Pg. 454
8 its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided Packet Pg. 455
9 by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

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

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), Packet Pg. 456
10 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 the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

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

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

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs 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 Packet Pg. 457
11 connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

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

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

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

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

27. Organization. Consultant shall assign Greg DeAngelo 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: Charles E. McNeely
Interim City Manager
CONSULTANT:

Sicuro Data Analytics
317 W. Ventura Blvd. #1041
Camarillo, CA 93010
Attn: Greg DeAngelo
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12 With Copy To:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

BETWEEN THE CITY OF SAN BERNARDINO

AND SICURO DATA ANALYTICS, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Name
Title
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15 EXHIBIT A
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16 Packet Pg. 463
May 29, 2023
San Bernardino Police Department 710 N D St.

San Bernardino, CA 92401
Re: Proposal
Dear San Bernardino Police Department,
Sicuro Data Analytics proposes a not-to-exceed budget of $400,000 with the San Bernardino Police Department to evaluate the effects of Prop 64 and other, related analytics. A full description of the proposed effort is provided below. Services will begin after July, 1 2023 and conclude within 5 years.

Phase 1 involves visiting your office, and meeting with the IT/analytical teams to understand your RMS, CAD, and any other databases that you might have in place (e.g., OIS, use of force). Next, we request that these data are provided to us through a secure transfer so that we can analyze them in our CJIS secure environment. We will ensure that we have accurately understood all the data elements contained in each of these databases and then work to combine these data into an analytically usable data set. We will stress test the data by applying a series of logic tests to the data to ensure that the data appear to be complete and accurate. At this point, we will produce a data audit that will be provided to your office. Should additional cleaning or other modifications to the data be required, we will detail this information in the data audit. With your guidance, we will implement the appropriate cleaning and modification steps. During this phase we will establish a baseline for the impact of Prop 64 to help the City set benchmarks for the grant funded program. After taking these steps, we will update the data audit to include information on the cleaning or modification process, including tables/figures that clearly display how these steps improved the data quality, thus enabling us to conduct the analysis detailed in phase 2. It is anticipated that this first step will take approximately 9-12 months and cost $175,000.

Phase 2 will involve conducting a systematic assessment of racial disparities with respect to officer stops (proactive enforcement decisions), arrests/warnings, use of force, and any other outcomes that your office deems pertinent to have analyzed. This assessment will be conducted such that only similarly situated scenarios are compared. The analysis will include an assessment of the impact of the grant funded efforts related to Prop 64. The report can be modified to fit the needs of the department. It is anticipated that the racial disparities analysis will take approximately 6-9 months and cost $150,000.

Phase 3 will conduct an analysis of cannabis arrests, calls for service, and sales in conjunction with the passage of Prop 64.

The analysis will specifically aim to examine how cannabis distribution locations correlated with cannabis arrests and other forms of criminal activity that might have been generated from the legalization of the sale of cannabis. Additionally, the analysis will assess the effectiveness of the City’s grant funded enforcement efforts and identify successful strategies and progress. It is anticipated that the Prop 64 analysis will take approximately 6-9 months and cost $75,000.

Should you have any questions, please do not hesitate to reach out to me.

Regards,
Gregory DeAngelo, CEO

SICURO DATA ANALYTICS, LLC
317 W Ventura Blvd #1041 Camarillo, CA 93010 | 213-320-7220 Packet Pg. 464
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5/31/2023
SSJ approved due to answers for questions 1,2,5 & 6. Answers for Questions 5 & 6 do not address what was requested. Questions 3 & 4 do not address what was requested.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 21, 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: Contract Change Order Approval – Paul Villasenor and Howard Rowe Libraries Improvements (Ward 1, 7)
Recommendation
Adopt Resolution No. 2023-089 of the Mayor and City Council of the City of San Bernardino, California:

1. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan to record a supplemental appropriation in the amount of $260,401.72 from Library Facilities fund balance and Measure S fund project savings for the Paul Villasenor and Howard Rowe Libraries improvements project; and

2. Approving the Construction Contract Change Order (CCO #1) with US Builders and Consultants in the amount of $440,577.60, for a total contract amount of $796,477.60; and

3. Authorizing project construction, project contingencies, and inspection costs for a total not-to-exceed amount of $907,677.60 for the project; and

4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Background
On June 16, 2021, the Mayor and City Council approved Resolution No. 2021-138 approving and adopting the City’s FY 2021/22 operating budget, Capital Improvement Plan, and appropriation limit calculation.

On December 7, 2022, the Mayor and City Council authorized construction at the Paul Packet Pg. 467

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Villasenor Branch Library and Howard Rowe Library to complete restroom upgrades (ADA compliance) and building rehabilitation, which also included painting and installing new flooring throughout the building to address deferred maintenance items at Paul Villasenor Library. At that time, the Mayor and City Council awarded a Construction Contract (“Contract”) for Project No. 13476 (“Project”) to US Builders and Consultants to perform the work. The Contract was awarded in the amount of $355,900.00 with an additional $35,100.00 approved for construction contingency.

Discussion
The contract with US Builders and Consultants was awarded to provide restrooms renovations and building rehabilitation at Paul Villasenor Branch Library and restroom renovations at Howard Rowe Library. The work includes painting and installing new flooring throughout the building to address deferred maintenance items at Paul Villasenor Library.

During construction activities, mold and termite conditions (unforeseen) were observed at the facility. Additional work is now needed to clear the hazardous material in order to complete construction. The additional work involves replacement of stucco materials, framing, termite and mold fumigation, and related work. The cost of all additional work as part of this Contract Change Order is $440,577.60 and exceeds the previously established project contingency amount of $35,100.00. 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 project will result in public improvements being constructed that minimize risk and litigation exposure through restroom renovations and building rehabilitation for Paul Villasenor and Howard Rowe libraries.

Fiscal Impact
Project budget for the proposed work was previously established in the Measure S and Library Facilities Funds through the adopted FY 2021/22 Capital Improvement Plan. Below is the current funding and additional funds needed for the project:

Available Funding through ADA Compliance at
Paul Villasenor Library Account
(Account No. 007-160-8861*5504)
$498,875.88
Available Funding through ADA Compliance at
Howard Rowe Library Account
(Account No. 265-160-8888*5504)
$148,400.00
Total Available Funding for Project $647,275.88
Additional Funding Needed from Library
Facilities Fund (265) Balance
$259,945.78
Additional Funding Needed from Emergency
Back Up Generator for CNG Project Account No.
007-160-8858*5504
$455.94
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Additional Funding Needed for Project $260,401.72
Total Project Budget $907,677.60
Total Project Cost Breakdown
The project cost breakdown is as follows:

Construction Contract Amount awarded on
12/7/22
$355,900.00
Construction Contingency $35,100.00
Engineering and Inspections $10,000.00
Original Project Cost (Approved on
12/7/22 Council Meeting)
$401,000.00
Contract Change Order #1 $440,577.60
Additional Construction Contingency for
the CCO #1
$56,100.00
Additional Engineering and Inspections for
CCO #1
$10,000.00
Total Project Cost $907,677.60
The contract amount for US Builders and Consultants is $796,477.60 ($355,900.00 + $440,577.60). The total project cost, including construction contingency and engineering & inspections, is $401,000. The additional work resulting from CCO #1, additional construction contingencies recommended for additional work, and engineering & inspections, revises the total project cost to $907,677.50.

To fund the project shortfall, City staff has identified surplus that is available from the Library Facilities fund balance in the amount of $259,945.78 and Measure S fund project savings in the amount of $455.94 from the Emergency Back Up Generator for CNG project. A supplemental appropriation is being requested to reallocate funds to the Paul Villasenor Library account in the of $260,401.72 to complete the project.

Conclusion
It is recommended to adopt Resolution No. 2023-089 of the Mayor and City Council of the City of San Bernardino, California:

2. Approving the Construction Contract Change Order (CCO #1) with US Builders and Consultants in the amount of $440,577.60, for a total contract amount of $796,477.60; and
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3. Authorizing project construction, construction contingencies, and inspection costs for a total not-to-exceed amount of $907,677.60 for the project; and

4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Attachments
Attachment 1 – Resolution No. 2023-089
Attachment 2 - Contract Change Order #1
Ward:

First Ward; Seventh Ward
Synopsis of Previous Council Actions:

December 7, 2022 Mayor and City Council approved construction contract award for Paul Villasenor and Howard Rowe Libraries Improvements Packet Pg. 470
Resolution No. 2023-089
Resolution 2023-089
June 21, 2023

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RESOLUTION NO. 2023-089

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE AGENCY DIRECTOR OF

ADMINISTRATIVE SERVICES TO AMEND THE FY
2022/23 CAPITAL IMPROVEMENT PLAN TO RECORD A

SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF
$260,401.72 FROM THE LIBRARY FACILITIES FUND

BALANCE AND MEASURE S FUND PROJECT SAVINGS

FOR THE PAUL VILLASENOR AND HOWARD ROWE
LIBRARIES IMPROVEMENTS PROJECT; AND

APPROVING THE CONSTRUCTION CONTRACT

CHANGE ORDER WITH US BUILDERS AND
CONSULTANTS, IN THE AMOUNT OF $440,577.60 TO

COMPLETE ADDITIONAL WORK AND AMENDING

PROJECT BUDGET IN THE TOTAL AMOUNT OF
$907,677.60; AND AUTHORIZING THE CITY MANAGER

OR DESIGNEE TO EXPEND THE CONTINGENCY FUNDS,
IF NECESSARY, TO COMPLETE THE PROJECT.

WHEREAS, on December 7, 2022, the Mayor and City Council appropriated funding from the ADA Compliance Villasenor Branch Library (Measure S) Fund for the contract award to complete restroom upgrades (ADA compliance) and building rehabilitation, which includes painting and new flooring throughout the building to address deferred maintenance items at Paul Villasenor Library. At that time the Mayor and City Council awarded a Construction Contract (“Contract”) for Project No. 13476 (“Project”) to US Builders and Consultants to perform the work. The Contract was awarded in the amount of $355,900.00 with a contingency in the amount of $35,100.00; and
WHEREAS, when the contractor began removing the wallpaper from the community room, the contractor noticed hazardous material conditions (black mold) within the building.

Furthermore, the contractor also discovered termite damage inside the building. The City staff met with the contractor and contractor’s hazmat subcontractor and determined that black mold abatement and termite fumigation is required to complete the contract work. Staff negotiated a contract change order with the Contractor to address the required extra work to the contract; and WHEREAS, the total cost of all additional work as part of this Contract Change Order is $440,577.60 and exceeds the previously established Project contingency in the amount of $66,100.00.

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

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Resolution No. 2023-089
Resolution 2023-089
June 21, 2023

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

SECTION 2. Mayor and City Council hereby authorize the Agency Director of Administrative Services to amend the FY 2022/23 Capital Improvement Plan recording a supplemental appropriation in the amount of $260,401.72 from the Library Facilities Fund balance and Measure S Fund project savings from the Emergency Back Up Generator for CNG project for the Paul Villasenor and Howard Rowe Libraries Improvements Project.

SECTION 3. Mayor and City Council hereby approve the Construction Contract Change Order with US Builders and Consultants in the amount of $440,577.60 and increase Construction Agreement with US Builders and Consultants to $796,477.60, to address the required extra work to the contract if necessary, to complete the Project.

SECTION 4. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project.

Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the asphalt pavement. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
(3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because asphalt pavement does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and
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 21st day of June, 2023.

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Resolution No. 2023-089
Resolution 2023-089
June 21, 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 No. 2023-089
Resolution 2023-089
June 21, 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. 2023-089, adopted at a regular meeting held on the 21st day of June 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk
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04/20/2023 US Builders and Consultants Inc.

Vice President
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 21, 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: Agreement with Superior Pavement Markings, Inc. for Area Street Sign Replacement Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Maintenance Services Agreement with Superior Pavement Markings, Inc., for area street name sign replacement services and related materials.

Background
The Operations and Maintenance Division (O&M) of the Public Works Department is responsible for the maintenance, repair, beautification, and clean-up of City-owned infrastructure and rights of way. In conjunction with the Engineering Division of Public Works, it is also responsible for ensuring the City’s street and traffic intersections are properly maintained, inspected, upgraded, and repaired as needed. This includes the replacement and repair of street name signs and other related components. Routine inspections and maintenance of street signage is largely performed by in-house staff that are part of the Traffic and Lighting work section of the O&M Division.

Discussion
The City of San Bernardino has approximately 534 center lane miles and thousands of intersections with street name signage. It is also estimated that the City has approximately 105,000 street name signs city-wide. The City is responsible for repairing, maintaining, and replacing these street name signs in accordance with MUTCD (Manual on Uniform Traffic Control Devices) and the FHA (Federal Highway Administration). Many street name signs are currently faded, outdated, and/or not in compliance with federal regulations. Generally, industry standards require all signs be replaced on a seven-year cycle; however, areas with high temperatures and sunny conditions may require replacement at five-year intervals. Currently, the City has two in-house staff members assigned to a Signs and Marking work section. They are Packet Pg. 483
tasked with replacing all street signs within a seven-year cycle, but volume of work exceeds the current staff level. To address these issues, staff researched the possibility of using contractual support and found that numerous vendors are able to provide area sign replacement services. Implementing these services would be the first-of-its-kind for the City of San Bernardino and would expedite the replacement of all City Street name signs within five years.

In order to ensure our City properly replaces and repairs all City street name signs and related components in accordance with industry standards and regulations, staff is requesting $650,000 (annually) for area street name sign replacement services under this maintenance service agreement. The agreement would consist of a one-year contract with four option years.

The Operations and Maintenance Division of Public Works worked with the Finance Department and in March of 2023, a formal bid process was initiated to solicit proposals for area street name sign replacement services in Request for Proposal No. F-23-32. Notices were posted on the City’s website.

The results of the bid opening yielded five qualified vendors who were evaluated on the following criteria by a selection committee:

1. Proposed Scope of Services: Materials, Reporting, Licenses, Safety/Compliance.

2. Proposed Scope of Services Part II: Technical, Terms, Services Required.

3. Executive Summary, Staffing Resources.

4. Fiscal Stability.

5. Proposed Method to Accomplish the Work.

6. Experience and Technical Competence.

7. Project Specific Experience.

The selection committee was asked to score a seven (7) part evaluation sheet on a 0-10 scale for each area for a total max score of 70. The evaluation also included a thorough review of mandatory requirements. This RFP was not based on the lowest cost. It is based on the most responsive and responsible bidder. The cost, however, was weighted at 40% of total points, meaning that the total scores from the selection committee are valued at 60% of the total points. In its final review and consolidation of committee scores with Procurement’s weighted scores for cost, it was determined that Superior Pavement Markings, Inc. was the winning vendor as noted in the table below. It is important to note that the amounts reflected below are for the total cost of unit (items) as requested in the cost sheet. The overall amount of the requested purchase order will be set at $650,000 annually for this maintenance service agreement.

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Table 1. Results of Evaluation of Bidder’s Proposals and Cost

SCORE BIDDER CITY
AMOUNT
(per combined
items or units)
TOTAL
117 Superior Pavement
Markings, Inc.

Beaumont, CA $2,010 $2,010
104 Safeway Signs Company Adelanto, CA $3,268 $3,268
100 WGJ Enterprises DBA PCI Azusa, CA $3,555 $3,555
93 Statewide Traffic Safety
and Signs, Inc
Riverside, CA $4,925 $4,925
70 Outdoor Dimensions Anaheim, CA $12,420 $12,420
Staff is confident that Superior Pavement Markings, Inc. is qualified to provide the required sign replacement services and has ensured they have met all City vendor requirements.

This agreement includes four additional option years, and therefore, future budget years will include the annual contract amount for Council to approve with the adoption of the budget.
2021-2025 Strategic Targets and Goals
This project is consistent with several goals and targets. It is aligned with Goal No. 3c: Improved Quality of Life - Evaluate and enhance the quality of public safety services and Goal No. 3d: Improve the City’s appearance, cleanliness, and attractiveness.

This maintenance service agreement will ensure all City Street name signs are replaced in all economic corridors, neighborhoods, major thoroughfares and secondary streets. It will also ensure the City is in compliance with all applicable regulations.

Fiscal Impact
There is sufficient funding in the FY 2022/23 Operating Budget within the Public Works Operations and Maintenance Budget to fund this contract. Funds associated with this item will be authorized to be carried over into FY 23/24.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Maintenance Services Agreement with Superior Pavement Markings, Inc., for area street name sign replacement services and related materials.

Attachments
Attachment 1 Maintenance Services Agreement
Attachment 2 Summarized Proposal Responses
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Attachment 2a Superior Pavement Markings Proposal
Attachment 2b Safeway Sign Company Proposal
Attachment 2c WGJ Enterprises Inc Proposal
Attachment 2d Statewide Safety Systems Proposal
Attachment 2e Outdoor Dimensions
Attachment 3 Bid Documents – RFP No. F-23-32
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 21st day of June, 2023 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and SUPERIOR PAVEMENT MARKINGS, a CALIFORNIA CORPORATION, with its principal place of business at 650 E.

FIRST STREET, BEAUMONT, CA 92223 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

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

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

2.2 Project.

City desires to engage Contractor to render such services for the Area Street Name Sign Replacement Services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from June 7, 2023, to June 30, 2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than four additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, Packet Pg. 487
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by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

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

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

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

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

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

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

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of Packet Pg. 488
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California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of $650,000 (SIX HUNDRED FIFTY THOUSAND DOLLARS) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

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

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, Packet Pg. 489
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pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

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

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

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

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

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

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor Packet Pg. 491
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to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

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

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability $2,000,000 MINIMUM per occurrence for bodily injury, personal injury, and property damage; and $4,000,0000 aggregate. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $1,000,000 MINIMUM; per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease; (4) Cyber Liability: $1,000,000 PER OCCURRENCE/AGGREGATE for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; (Defense costs shall be paid in addition to the limits.) (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and Packet Pg. 492
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automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

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

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

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

3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

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

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

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

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

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Packet Pg. 494
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work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

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

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

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

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

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records Packet Pg. 495
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shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

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

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

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

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been Packet Pg. 496
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transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Six Hundred Fifty Thousand Dollars ($650,000) without written approval of City’s Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect Packet Pg. 497
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at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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

3.4 Termination of Agreement.

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

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

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

3.5 General Provisions.

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

Contractor:

Superior Pavement Markings, Inc.
650 E. First Street
Beaumont, CA 92223
Attn: Darren Veltz
City:

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

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

3.5.2 Indemnification.

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

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

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

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

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

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

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

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease Packet Pg. 500
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of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

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

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

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

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

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

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

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

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

3.5.18 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an Packet Pg. 501
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original signature for all purposes and shall have the same force and effect as an original signature.

3.5.19 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND SUPERIOR PAVEMENT MARKINGS
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement 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
SUPERIOR PAVEMENT MARKINGS, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
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Exhibit A

SCOPE OF SERVICES
This project seeks to replace all faded or non-compliant street name signs within a 5-year phased program that will include 5 large zones identified within the city (each zone to be accomplished in designated years). It will also include on-call services related to the replacement of knocked-down street signs due to collisions or vandalism. The project is largely centered on residential areas but will include several economic corridors.

Materials. All materials shall meet the standard requirement of the Manual on Uniform Traffic Control Devices (MUTCD) and the most current version of FHWA’s specifications on traffic sign retroreflectivity. Materials shall also be free of any residues or defects whether caused by installation, inadvertent scratches/tears, or shipping damages. Contractor must have the ability to supply the following:
• Rectangular street signs in 24”, 36”, or 42” width and 9” height. • Signalized intersection signs in 50”, 60”, 72” at 12” height (non-lighted) ▪ These signs will require the addition of City emblem and are generally installed on overhead mast arms or 15 ft poles.
• Green retroreflectivity backing for signs with white text/font • Mounting Brackets (cross and straight-line types)
• Poles
Technical Specifications
Technical. Vendor shall provide manpower, tools, equipment, software, supplies, and materials to perform street sign replacement services (design, fabrication, removal, replacement/installation). Vendor shall possess all applicable contractor licenses from the State of California at the time of this quote, and for the duration of this contract. Vendor’s staff will have the applicable training, certifications, and skills necessary to perform the services required as requested in this request for quotes.

Services Required/Specifications
• Removal and replacement of faded/non-compliant signage (street name). • Removal and replacement of mounting brackets, poles, as needed. • Design and fabrication of new signs per MUTCD.
• HIP (high intensity prismatic reflective aluminum) or greater reflective sheeting is required per MUTCD.
• Signs must be rectangular in 24”, 36”, or 42” width with 9” height. • Signalized intersection rectangular signs in 50”, 60”, 72” at 12” height (non-lighted) • Signs must have white lettering on green backgrounds in MUTCD approved text (font). • Signs will include combination of upper- and lower-case lettering at a minimum of 6 inches and/or 4.5 inches in height respectively. Variations may occur. • The City anticipates 15,000 street name signs will be replaced in each applicable zone annually.
• Work plan must be developed for each zone and must detail starting locations. • Daily work location must be provided to the contract administrator.

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• Vendor must utilize a tracking or work order management system with the ability for the contract administrator to request history of work accomplished during the duration of project.
• Signs may be disposed/recycled at the City Yard or at the contractor’s discretion.

Licenses. The Vendor shall confirm that it has all licenses, permits, certifications, qualification and approvals of whatever nature that are legally required to provide sign installation and fabrication services, including a City business license, and that such license and approvals shall be maintained throughout the term of this Contract.

Safety Requirements. Vendor’s employees shall wear appropriate personal protection equipment as required.

Traffic Control. Traffic control is the responsibility of the vendor to implement; however, the Contract Administrator may assist as needed for larger lane or road closures which may require an official traffic control plan.

Contractor Compliance/Other Info. If the Contract Administrator determines that there are deficiencies in the performance of this project, he or she will provide a written notice to the contractor stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall be at least a 30-day notice or as determined by the Contract Administrator to correct the specified deficiencies.

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EXHIBIT B
Schedule of Services
Reporting and Notification. The vendor will be required to notify the Contract Administrator of starting work locations on a daily basis. This shall be accomplished via email notification prior to any scheduled work.

Hours of Operation. All work will be performed Mondays to Saturday within the hours of 7 a.m. to 9 p.m. unless otherwise exempted by the Contract Administrator.

Customer Service and After-Hours Notification. The vendor is required to have a dedicated after-hours notification line monitored and answered by an employee that can dispatch crews should an after-hour emergency or urgent issue occur.

Special Projects. The Contract Administrator will determine when areas of maintenance may require significant upgrades that are not within the normal scope of the maintenance services agreement. In such cases, a quote will be requested for the desired work performed and work may begin once approved and a purchase order is issued.

After Hours/Urgent Response. The vendor shall respond to urgent requests within 12 hours of request by the Contract Administrator or his representative.

Requests from The Public. The vendor is prohibited from taking direct requests from any residents, City staff (not affiliated with the Operations and Maintenance Division), or any other organizations. The vendor will make every effort to politely inform the requesting individual to contact the Contract Administrator or San Bernardino’s Help Line. Any instance of work performed as a result of a direct request outside of the Contract Administrator will be cause for termination of the vendor services agreement.

Should the contractor fail to correct any deficiencies within the stated time frame, the Contract Administrator may exercise the following measures:
a. Deduct from the contractor’s payment the amount necessary to correct the deficiency, including City overhead costs and impose a deficiency deduction. b. Withhold the entire or partial payment.
c. Terminate the contract.

NATIONAL CHAIN SUPPLY SHORTAGES: Allowances in delivery of services will be considered in cases of national chain supply shortages.

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EXHIBIT C
Compensation/Cost Summary Sheet
Superior Pavement Markings Inc.

Item/Description UOM Cost per Unit Remarks
24" Street Sign
Replacement 100 - 500 each $ 88.00
501 - 1500 each $ 88.00
1501 - 2500 each $ 88.00
2501 - 5000 each $ 88.00
Includes design, fabrication installation of
new sign and removal of old sign. Typcially
designed numbered streets.
36" Street Sign
Replacement 100 - 500 each $ 96.00
501 - 1500 each $ 96.00
1501 - 2500 each $ 96.00
2501 - 5000 each $ 96.00
Includes design, fabrication, installation of
new sign and removal of old sign.
42" Street Sign
Replacement 100 - 500 each $ 118.00
501 - 1500 each $ 118.00
1501 - 2500 each $ 118.00
2501 - 5000 each $ 118.00
Includes design, fabrication, installation of
new sign and removal of old sign.
50" Signalized
Intersection 50 - 500 each $ 249.00
Non-lighted. These signs will require City
emblem and are typically installed on
overhead mast arms/15ft pole
60" Signalized
Intersection 50 - 500 each $ 265.00
Non-lighted. These signs will require City
emblem and are typically installed on
overhead mast arms/15ft pole
72" Signalized
Intersection 50 - 500 each $ 288.00
Non-lighted. These signs will require City
emblem and are typically installed on
overhead mast arms/15ft pole
Cross-Type: $ 35.00

OTHER MATERIALS
Mounting bracket
removal, replacement,
and installation per unit
(cross and straight-line
types) Straight Line-Type $ 35.00
Pole removal,
replacement, and
installation cost per unit.
$ 305.00
This cost will include any associated
material cost such as chip rock/sand for
pole hole. It is NOT expected that all
poles at intersections will require
replacement.

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Cost for Emergency
Services/After Hours and
Hourly Minimum 5 hours minimum $ 300.00 Cost is per hour Total Cost Annually (Based on a Quantity of 1
of each size/item ordered)
$ 2,010.00
Vendor turned in total cost of $2385
because they included other materials,
pole removal, but final cost is based only
on Quantity of 1 per each item/size
ordered
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PROPOSAL FOR STREET SIGN MAINTENANCE AND

REPLACEMENT SERVICES
RFP F-23-32
TO

CITY OF SAN BERNARDINO
MARCH 16, 2023
STATEWIDE TRAFFIC SAFETY AND SIGNS, INC.

DBA STATEWIDE SAFETY SYSTEMS
2225 KANSAS AVE. RIVERSIDE, CA 92507
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Executive Summary:

Qualification / Resources / Fiscal Stability:

Statewide Traffic Safety and Signs, Inc. dba Statewide Safety Systems has reviewed the RFP and understand the services required in the specifications. Street sign replacement is a major scope of work in our regular course of business. We have included in this proposal project experience references, key personnel and staffing, and fiscal stability information and documentation supporting our ability to accomplish the requirements of this RFP.

Pricing:

Our cost file follows the format provided by the RFP. We have provided a per sign price for 24”, 36”, and 42” street sign replacement to include the design, fabrication, and installation of the new sign and removal of old signage.

We have provided furnish only pricing per sign for the 50”, 60” 72” signalized intersection signs. We have provided sign bracket, Cross-type and Straight Line-type, pricing for removal, replacement and installation per unit and provided pricing for poles to remove, replace and install per pole. Our total price assumes 15,000 Street Signs, and 1,500 signalized intersection signs as indicated in the item descriptions.

Location:

Our Riverside, CA branch is located within about 8 miles from the I 215 / I 10 interchange and about 25 miles from the furthest City of San Bernardino limit boundary.

Our proximity to the City of San Bernardino positions us to manager our work plan efficiently and respond to the demands of the contract requirements.
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Statewide Traffic Safety & Signs DBA Statewide Safety Systems 2722 S Fairview St Santa Ana, CA 92704 / statewidess.com Arizona / California / Colorado / Hawaii / Nevada / New Mexico / Oregon / Texas / Utah / Washington Packet Pg. 682
Table of Contents:

Identification of Proposer
Staffing Resources

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Mayor and City CouncilJune 21, 2023

Mayor and City Council
June 21, 2023