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

CITY OF SAN BERNARDINO
AGENDA

FOR THE

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

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

AGENCY TO THE REDEVELOPMENTAGENCY, MAYOR AND CITY COUNCILOF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

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

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

ACTINGASTHESANBERNARDINOJOINTPOWERSFINANCINGAUTHORITY
WEDNESDAY, AUGUST 02, 2023
5:30 PM - CLOSED SESSION 7:00 PM - OPENSESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Ward 5 Council Member Ben Reynoso will be participating in the meeting remotely, via Zoom, at the following location:
1043 Carroll Street, Waveland, MS 39576
Helen Tran
MAYOR
Theodore Sanchez Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
Sandra Ibarra Charles E. McNeely
COUNCIL MEMBER, WARD 2 INTERIMCITYMANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITYATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
Please contact the City Clerk's Office (909) 384-5002 two working days prior to the meeting for any requests for reasonable accommodation, to include interpreters.

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

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

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

CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION p. 13
A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager
7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CITY MANAGER UPDATE

CONSENT CALENDAR

1. Amendment No. 4 to Professional Services Agreement with Advanced Pet Care (All Wards) p. 14
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Interim City Manager to execute Amendment No. 4 to the Professional Services Agreement (PSA) with Advanced Pet Care, and increase the annual contract amount to $350,000.

2. Grant of Easement, 15.021671, to Southern California Edison Company across City property located at 607 E Highland Avenue (Ward 2) p. 40 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023117, approving a Grant of Easement, number 15.021671, to the Southern California Edison Company (SCE) across City property located at 607 E Highland Avenue (APN: 0147031140000).

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

3. Approve Amendment No. 1 to Grant Agreement with California Volunteers and Approve Professional Service Agreements with The Love Program and Operation New Hope for the Californians For All Youth Workforce Development Program (All Wards) p. 50
Recommendation:

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

1. Authorize the Interim City Manager, or designee, to execute Amendment No. 1 to the agreement between the City of San Bernardino and California Volunteers for the 2021 Californians For All Youth Workforce Development Program, and any subsequent amendments necessary to implement the grant and incorporate the subrecipient awards.

2. Approve a Professional Service Agreement (PSA) with Operation New Hope in the amount of $178,056 to create entrylevel career pathways in the nonprofit sector for the period of August 3, 2023, through May 1, 2024.

3. Approve a Professional Service Agreement (PSA) with The Love Program in the amount of $329,088 to create entrylevel career pathways in the nonprofit sector for youth for the period of August 3, 2023, through May 1, 2024.

4. Authorize the Police Department to increase approved staffing by three Records Technicians, the Human Resources Department to increase approved staffing by one Human Resources Analyst Trainee, and the Office of the City Manager to increase approved staffing by two Grants Assistants.

4. Investment Portfolio Report for April and May 2023 (All Wards) p. 86 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for April and May 2023.

5. Resolution to Approve the City Investment Policy for FY 2023/24 (All Wards) p. 130 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023118, approving the Investment Policy for FY 2023/24.

6. Approval of Commercial and Payroll Disbursements (All Wards) p. 155 Recommendation:

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

7. Accept Inland SoCal Creative Corps Grant Award in the amount of $100,000 from the California Arts Council (All Wards) p. 207
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023119 to:

1. Authorize the City Manager to accept the grant award in the amount of $100,000;

2. Authorize the City Manager or his designee to conduct all negotiations, signings, and submittals of necessary documents to receive grant awards; and

3. Authorize the Agency Director of Administrative Services to amend the budget to appropriate the grant funds for Fiscal Year 2023/24.

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

8. Amendment No. 2 Agreement with RHA Landscape Architects – Planners, Inc. for Nicholson Park Design (Ward 6) p. 219
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, authorize the Interim City Manager to execute Amendment No. 2 to the Professional Design Services Agreement with RHA Landscape Architects – Planners, Inc., adding extra design services in the amount of $47,300 and increasing the purchase order to a total amount nottoexceed $459,845 for the final design of Nicholson Park.

9. Establish a “No Parking Anytime” Parking Restrictions on the Northside of Marshall Boulevard between Valencia Avenue and Pepper Tree Lane and on the Westside of Pepper Tree Lane between Marshall Boulevard and Lynwood Drive (Ward 7) p. 272 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023120, amending Resolution No. 3985 entitled, in part, “A Resolution Prohibiting Parking Upon Certain Designated Streets, Alleys, or Portion Thereof….” to establish a No Parking Anytime Zone on the Northside of Marshall Boulevard between Valencia Avenue and Pepper Tree Lane and the Westside of Pepper Tree Lane between Marshall Boulevard and Lynwood Drive.

10. Award of Construction Contract for Pavement Rehabilitation at Three Locations (Wards 1, 3, 4) p. 280
Recommendation:

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

1. Approve the award of a Construction Contract Agreement with Matich Corporation Company in the amount of $763,593.55 to provide pavement rehabilitation at three (3) locations (“Project”); and

2. Authorize project construction, construction contingencies, and engineering and inspections costs in the total amount of $916,312.35 for the Project; and

3. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

11. Formal Acceptance of Southern California Gas Company’s Application for Franchise,

Enactment of the Resolution of Intention to Grant a Gas Franchise, and Approval of License Agreement (All Wards) p. 401
Recommendation:

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

1. Formally accept application for a gas franchise from South California Gas Company; and

2. Enact Resolution 2023121 of the Mayor and City Council of the City of San Bernardino, California, which recites the terms under which the City intends to grant the franchise and directs the City Clerk to publish the Notice within 15 days after the passage of this Resolution.

3. Approve license agreement with Southern California Gas Company.

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

DISCUSSION

12. American Rescue Plan ActFunded Entrepreneurial Development Services and Resource Center (All Wards) p. 431
Recommendation:

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

1. Approve a reallocation of $873,700 of American Rescue Plan Act (“ARPA”) funds from the Small Business Education and Training Resources allocation to the Entrepreneurial Development Services and Resource Center (the “ERC,” also know as the Aspen Institute Initiative) for a total of $1,873,700 allocated to the ERC.

2. Authorize the Interim City Manager, or designee, to take necessary steps to implement and administer the agreement including executing an agreement or Memorandum of Understanding (“MOU”) with the Inland Empire Center for Entrepreneurship in an amount not to exceed $1,873,700 through December 31, 2026, and signing subsequent, necessary, and related documents to implement the MOU.

13. Proposed Administrative Policy Establishing the Municipal Volunteer Program (MVP) for the Offices of Elected Officials (All Wards) p. 470 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and consider the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2023122 as presented establishing the Municipal Volunteer Program (MVP) – Offices of the Elected Officials Policy.

PUBLIC HEARING

14. Public Hearing on Annexation No. 35 to Community Facilities District 20191 (Ward 2) p. 486
Recommendation:

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2023123 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 35) ; and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2023124 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 35) ; and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1617 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 20232024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC1617 for August 16, 2023.

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

15. Public Hearing on Annexation No. 36 to Community Facilities District 20191 (Ward 6) p. 543
Recommendation:

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2023125 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 36) ; and Hold a special landowner election and canvass the election; and

3. Adopt Resolution No. 2023126 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 36) ; and

4. Introduce, read by title only, and waive further reading of Ordinance No. MC1618 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 20232024 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services); and

5. Schedule the adoption of Ordinance No. MC1618 for August 16, 2023.

16. 20212029 Draft Housing Element p. 596
Recommendation:

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

1. Receive public comments on the 20212029 Draft Housing Element; and

2. Provide comments and direction on the 20212029 Draft Housing Element; and

3. Authorize, by motion, staff to make necessary changes to the 20212029 Draft Housing Element based on comments and direction; and

4. Authorize, by motion, the Community, Housing, and Economic Development Department to submit the revised document to the State Department of Housing and Community Development (HCD) for review.

17. Imposing Liens on Certain Parcels of Real Property for Unpaid Business Registration Taxes and Penalties (All Wards) p. 1377
Recommendation:

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

1. Conduct a public hearing to receive public comment on the matter; and

2. Adopt Resolution No. 2023127 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and

3. Direct the Agency Director of Administrative Services to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing.

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

18. Work together as an entire City and Community to establish San Bernardino as a Pro Housing Destination and All American City (All Wards) – Council Member Alexander p. 1392

19. Consider Rent Stabilization and Other Tenant Protections (All Wards) – Council Member Reynoso p. 1393
Mayor and City Council of the City of San Bernardino Page 7

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on August 16, 2023 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

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

CERTIFICATION OF POSTING AGENDA
I, Courtney Bowen, Deputy City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the August 02, 2023 Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, July 28, 2023.

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

Courtney Bowen
Courtney Bowen, Deputy City Clerk
Mayor and City Council of the City of San Bernardino Page 9 NOTICE:

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda or not on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.

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

Public Comments and Testimony:

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

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

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

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

Rule 5. Time Limits:

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

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

Mayor and City Council of the City of San Bernardino Page 10 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

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

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

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

Mayor and City Council of the City of San Bernardino Page 11

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

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

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

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

Continued next page...
8) Join the Meeting by clicking on the Zoom link below:

Mayor and City Council of the City of San Bernardino Page 12 https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhvaXQxZz09 Meeting ID: 677 845 9453
Passcode:2023
You can also Go to Zoom.us and click "Join a Meeting" at the top.

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

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

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: August 2, 2023
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney's Office
Subject: Closed Session
Recommendation:

A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Manager
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Animal Services
Subject: Amendment No. 4 to Professional Services
Agreement with Advanced Pet Care (All Wards)
Recommendation:

Executive Summary
Staff is requesting a $100,000 increase to the annual contract amount paid to Advanced Pet Care to cover the additional costs of veterinary medical care for shelter pets. The additional costs are due to an increase in the number of pets impounded and rising costs of supplies due to outside market forces. The cost increase will be funded by the salary savings from the unfilled staff veterinarian position and grant funds.

Background
On September 4, 2019, the Mayor and City Council adopted Resolution No. 2019-279, authorizing a Professional Services Agreement (PSA) with Advanced Pet Care to provide veterinary services for animals in the shelter. The agreement was approved for one year with two single year renewals and a total contract amount not to exceed $75,000. In July 2021, the City entered into the first amendment with Advanced Pet Care after RFQ F-21-23 closed with Advanced Pet Care as the sole responsive bidder for veterinary services to the shelter. In March 2022, the City entered into the second amendment with Advanced Pet Care, increasing the contract amount to $150,000. In February 2023, the City entered into the third amendment with Advanced Pet Care, increasing the contract amount to $250,000.

Discussion
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shelter. In addition to caring for sick and injured animals, as well as spay and neuter services, the PSA with Advanced Pet Care provides the required state mandated licensing for the shelter and the ability for the Department to purchase medications and vaccines to treat animals at the shelter. Although the contract amount was increased in February of 2023, the shelter has seen a marked increase in the number of pets impounded, resulting in an increased need for veterinary services. In Fiscal Year 2022- 2023, the department impounded 4,005 dogs and 1,724 cats for a total of 5,729 total dogs and cats. Across the animal welfare industry, animal intakes have increased at the same time adoptions have decreased.

To encourage pet adoptions and move the increased number of pets through the shelter, the department has covered the cost of spay and neuter of adopted shelter pets at Advanced Pet Care since 2022. Additionally, the cost of veterinary care and supplies have increased due to outside market forces. The combination of the increased number of animals, additional treatment, and cost of care has resulted in the need to increase the contract amount again for this vendor.

The City has enlisted the services of an outside recruiting firm to locate a staff veterinarian, as our first two attempts at in-house recruitment failed for this crucial position. The firm has reported difficulties in filling this vacant position but are still actively searching for candidates. Once this position is filled, our total spending on outside vet hospitals, including Advanced Pet Care will decrease. Staff is also working to identify additional veterinary contractors, including non-profits, to reduce the overall cost of care to the Department. Staff is requesting the Mayor and City Council approve a fourth amendment to the PSA with Advanced Pet Care, increasing the contract amount to $350,000 annually.
2021-2025 Strategic Targets and Goals
This Professional Services Agreement is consistent with Strategic Target No. 3:

Improved Quality of Life. Expanded veterinary treatment for the animals at the shelter increases the overall health of the pets adopted into new homes or returned to their owners.

Fiscal Impact
The total budget needed for this item is $100,000. Salary savings from the vacant Shelter Veterinarian will be repurposed to cover a portion of this professional service agreement. Grant funding from the San Manuel Band of Mission Indians will be used to cover any remaining amount greater than the available salary savings in FY 2023/24.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Interim City Manager to execute Amendment No. 4 to the Professional Services Agreement (PSA) with Advanced Pet Care, and increase the annual contract amount to $350,000.

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Attachments
Attachment 1 – Professional Services Agreement with Advanced Pet Care Attachment 2 – Advanced Pet Care Amendment No. 1
Attachment 3 – Advanced Pet Care Amendment No. 2
Attachment 4 – Advanced Pet Care Amendment No. 3
Attachment 5 – Advanced Pet Care Amendment No. 4
Ward:

All Wards
Synopsis of Previous Council Actions:

September 4, 2019 Resolution 2019-279 was adopted, authorizing a Professional Services Agreement with Advanced Pet Care
for one year with an option of two single year renewals and issuance of Purchase Order to Advanced Pet Care for an
annual not to exceed amount of $75,000.

August 2, 2021 The City exercised its first of the two one-year extension options, extending the term of the Agreement through June 30, 2022.

March 16, 2022 The City exercised its second of the two one-year extension options, extending the term of the Agreement through June 30, 2023 and increasing the not-to-exceed amount to
$150,000 annually.

February 1, 2023 The City executed Amendment No. 3 with Advanced Pet Care, increasing the not-to-exceed amount to $250,000
annually.

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SECOND AMENDMENT TO THE

VENDOR SERVICES AGREEMENT WITH BETWEEN THE CITY OF SAN

BERNARDINO AND ADVANCED PET CARE OF SAN BERNARDINO
This Second Amendment (" Second Amendment") to the Vendor Services Agreement is made and entered into by and between the CITY OF SAN BERNARDINO (" CITY") and ADVANCED PET CARE (" VENDOR") as of the last date set forth below.

A. The City and Consultant entered into that certain Professional Services Agreement on September 4, 2019 for Veterinary Services for Shelt pets. (" Original Agreement").

B. The Parties now wish to amend the Original Agreement to increase the not -to - exceed compensation to account for additional time spent by Consultant in providing the services. The not -to -exceed compensation will increase from $75, 000 to $ 150, 000.

NOW, THEREFORE, the Parties agree as follows:

1. Section 4( b) of the Original Agreement is hereby amended in its entirety to read as follows:

In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $150, 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 ( 45) days from the date the 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 designed as Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoice."

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

3. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one of the same instrument.

SIGNATURES ON FOLLOWING PAGE]
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CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
IGenovSTED BY:
eva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

ADVANCED PET CARE
Name and Title:

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THIRD AMENDMENT TO THE

VENDOR SERVICES AGREEMENT WITH BETWEEN THE CITY OF SAN

BERNARDINO AND ADVANCED PET CARE OF SAN BERNARDINO
This Third Amendment (“Third Amendment”) to the Vendor Services Agreement is made and entered into by and between the CITY OF SAN BERNARDINO (“CITY”) and ADVANCED PET CARE (“VENDOR”) as of the last date set forth below.

A. The City and Consultant entered into that certain Professional Services Agreement on September 4, 2019 for Veterinary Services for Shelt pets. (“Original Agreement”).

B. The Parties now wish to amend the Original Agreement to increase the not-toexceed compensation to account for additional time spent by Consultant in providing the services.

The not-to-exceed compensation will increase from $150,000 to $250,000.

NOW, THEREFORE, the Parties agree as follows:

1. Section 4(b) of the Original Agreement is hereby amended in its entirety to read as follows:
“In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $250,000. 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 (45) days from the date the 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 designed as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoice.”

2. Except as modified by this Third Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof.

3. This Third Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one of the same instrument. [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: BCDC5344-1680-42C9-9F07-47F0C0B7629C Packet Pg. 36

CITY OF SAN BERNARDINO
APPROVED BY:

Charles McNeely
City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

ADVANCED PET CARE
Name and Title:

DocuSign Envelope ID: BCDC5344-1680-42C9-9F07-47F0C0B7629C Packet Pg. 37

FOURTH AMENDMENT TO THE

VENDOR SERVICES AGREEMENT WITH BETWEEN THE CITY OF SAN

BERNARDINO AND ADVANCED PET CARE OF SAN BERNARDINO
This Fourth Amendment (“Fourth Amendment”) to the Vendor Services Agreement is made and entered into by and between the CITY OF SAN BERNARDINO (“CITY”) and ADVANCED PET CARE (“VENDOR”) as of the last date set forth below.

A. The City and Consultant entered into that certain Professional Services Agreement on September 4, 2019 for Veterinary Services for Shelt pets. (“Original Agreement”).

B. The Parties now wish to amend the Original Agreement to increase the not-toexceed compensation to account for additional time spent by Consultant in providing the services.

The not-to-exceed compensation will increase from $250,000 to $350,000.

NOW, THEREFORE, the Parties agree as follows:

1. Section 4(b) of the Original Agreement is hereby amended in its entirety to read as follows:
“In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $350,000. 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.

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

3. This Fourth Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one of the same instrument. [SIGNATURES ON FOLLOWING PAGE]
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CITY OF SAN BERNARDINO
APPROVED BY:

Charles McNeely
City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

ADVANCED PET CARE
Name and Title:

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 2, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Mary Lanier, Interim Agency Director of Community, Housing, and Economic Development
Department: Community, Housing, & Economic Development (CED) Subject: Grant of Easement, 15.02-1671, to Southern California Edison Company across City property located at 607
E Highland Avenue (Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-117, approving a Grant of Easement, number

15.02-1671, to the Southern California Edison Company (SCE) across City property located at 607 E Highland Avenue (APN: 0147-031-14-0000).

Executive Summary
The recommended action will allow Southern California Edison Company to access City owned Property for the purpose of installing, maintaining, and upgrading equipment.

Background
On November 8, 2022, Spectrum Land Services, acting on behalf of SCE, requested an easement in, on, over, under, across, and along City-owned property located at 607 E Highland Ave (APN: 0147-031-14-0000). The easement was requested in order to complete facility upgrades to an adjacent property located at 2101 North Waterman Ave.

Discussion
The easement will provide SCE access to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time overhead and underground electrical supply systems and internal communication Packet Pg. 40
systems for SCE’s sole use, in, on, over, under, across and along City-owned property that will be used for distributing electrical energy and transmitting intelligence by electrical means, for the sole purpose of providing electrical power to vehicle charging stations in, on, over, under, across and along the property.

City staff, including Public Works and the City Attorney’s office, have reviewed the terms of the easement and the project area as identified in the attached exhibits “A” & “B”, and recommend that the Mayor and City Council approve the Grant of Easement to SCE.
2021-2025 Strategic Targets and Goals
This project is consistent with Goal No. 3d: Improve the City’s appearance, cleanliness, and attractiveness. Increasing the amount of available electric charging stations within the City provides added convenience and incentivizes citizens to seek out zero emission vehicles, thus reducing air pollution.

Fiscal Impact
There are no costs associated with this action at this time, nor is there any compensation for the Grant of Easement.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-117, approving a Grant of Easement, number

15.02-1671, to the Southern California Edison Company (SCE) across City property located at 607 E Highland Avenue (APN: 0147-031-14-0000).

Attachments
Attachment 1 Resolution No. 2023-117
Attachment 2 Exhibits A & B
Attachment 3 Grant of Easement
Ward:

Second Ward
Synopsis of Previous Council Actions:

None.

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Resolution No. 2023-117
Resolution 2023-117
August 2, 2023

Page 1 of 3 ends

RESOLUTION NO. 2023-117

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING A GRANT OF EASEMENT, 15.02-1671, TO

SOUTHERN CALIFORNIA EDISON ACROSS CITY
PROPERTY LOCATED AT 607 E HIGHLAND AVENUE,
APN 0147-031-14-0000.

WHEREAS, On November 8, 2022, the Real Property Division received a request for a Grant of Easement from Southern California Edison regarding a portion of APN 0147-031-14- 000, otherwise known as 607 E Highland Avenue; and
WHEREAS, City staff has reviewed and approved the Grant of Easement request from Southern California Edison, Exhibits “A” and “B” attached herein; and WHEREAS, on August 2, 2023, the Grant of Easement was presented to the Mayor and City Council of San Bernardino, California for approval.

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

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

SECTION 2. The Mayor and City Council of San Bernardino, California, approve the Grant of Easement and hereby authorize the City Manager to execute the Grant of Easement form to be recorded with the San Bernardino County Recorder’s office.

SECTION 4. Approval of this Resolution shall not affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or public entity that existed prior to this request. Reservations of easements are made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets and Highways Code of the State of California, with reservations of the easement as requested from Public Utility Company or other public entity.

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

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Resolution No. 2023-117
Resolution 2023-117
August 2, 2023

Page 2 of 3 ends

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 2nd day of August 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. 2023-117
Resolution 2023-117
August 2, 2023

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-117, adopted at a regular meeting held on the 2nd day of August 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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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 2, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Christian Rodriguez, Management Analyst II
Department: City Manager's Office
Subject: Approve Amendment No. 1 to Grant Agreement with California Volunteers and Approve Professional
Service Agreements with The Love Program and
Operation New Hope for the Californians For All Youth
Workforce Development Program (All Wards)
Recommendation:

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

2. Approve a Professional Service Agreement (PSA) with Operation New Hope in the amount of $178,056 to create entry-level career pathways in the non-profit sector for the period of August 3, 2023, through May 1, 2024.

3. Approve a Professional Service Agreement (PSA) with The Love Program in the amount of $329,088 to create entry-level career pathways in the non-profit sector for youth for the period of August 3, 2023, through May 1, 2024.

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Executive Summary
Staff is requesting the Mayor and City Council to authorize the Interim City Manager to execute Amendment No. 1 to the grant agreement between the City of San Bernardino and California Volunteers for the 2021 Californians For All Youth Workforce Development Program. The amendment is needed to restructure vacant grant-funded positions and incorporate the Professional Services Agreements with Community Based Organizations into the contracted scope of work between the City and California Volunteers. Staff is requesting the approval of the Professional Services Agreements with Community Based Organizations Operation New Hope in the amount of $178,056 and The Love Program in the amount of $329,088 to implement youth workforce development programs. Staff is requesting authorization to increase approved staffing in the Police Department, Human Resources, and Office of the City Manager created through the restructuring of vacant grant-funded positions. These changes are funded wholly by the reallocation of grant funds, as authorized by the grant agreement amendment.

Background
The Californians For All Youth Workforce Program (CYWP) is a Governor led initiative administered by California Volunteers and designed to partner with public agencies across California. The grant-funded program intends to increase youth employment, develop youth interest in and experience towards a career in local government and the non-profit sectors, and strengthen the City’s capacity to address key areas of climate, food insecurity, and local COVID-19 recovery.

On February 15, 2022, the City submitted a proposal for the grant and was notified on April 15, 2022, that the City was approved for $4,169,142 of grant funding to fund 17 full-time and 50 part-time positions in Parks, Animal Services, Library, Police, and local community-based organizations (CBOs).

On May 18, 2022, the Mayor and City Council authorized the City Manager to accept and administer the 2021 Californians For All Youth Workforce Development Program Grant in the amount of $4,169,142 for the grant period of July 1, 2022 – June 30, 2024.

The grant requires the City to partner with local Community-Based Organizations (CBOs) to hire local youth and early-career individuals into an entry-level pathway that would provide them with the experience and skills to develop into potential long-term employees in the public and non-profit sectors.

Discussion
As a requirement of the grant and included in the City’s proposal to the state granting agency, California Volunteers, the City must partner with local Community-Based Organizations (CBOs) to help increase their capacity to address key areas of climate, food insecurity, homelessness, and local COVID-19 recovery, while creating entrylevel pathways that would allow local youth and early-career individuals to gain skills and experience in their respective non-profit sector.

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On January 24, 2023, staff issued a Request for Proposals (RFP F-23-27) soliciting proposals from qualified CBOs to develop and implement a youth workforce development program in the focus areas of food insecurity, homelessness, and COVID-19 recovery. The RFP closed on March 7, 2023, with submissions from 2 local CBOs, as follows:
• Operation New Hope
• The Love Program
Staff aimed to partner with multiple CBOs on a competitive basis, dependent upon the availability of funds relative to the proposals received. The funding requests submitted by the CBOs allowed staff to accommodate funding both proposals but required clarification from the CBOs on their method to accomplish the goals of the grant program. Staff invited Operation New Hope and The Love Program to participate in the Best and Final Offer (BAFO) process for an opportunity to meet key personnel from these organizations, ask clarifying questions, and refine their proposal in alignment with grant guidelines.

During the BAFO process, staff met separately with Operation New Hope and The Love Program, where the CBOs discussed their approach to implementing and meeting the goals of the youth workforce development program, clarifying any misalignment in their scope of work, and aligning costs within the City’s available grant funding level.

Operation New Hope proposes to hire 50 participants on a rolling basis for a 10-week job training program. Participants will be provided with paid work experience through on-the-job training, life skills training, assistance exploring career options, job interest self-assessments, and partnering with local internship opportunities that reflect personal career interests. Operation New Hope will leverage existing relationships with regional partners including, US Rubber, Sunrise Ford, and Fairview Ford for additional training opportunities and online certified courses in automotive, transportation, logistics, and administrative assistance.

The Love Program proposes to hire 17 participants, including 1 project mentor, 10 mentors/facilitators, 2 office assistants, 2 social media specialists, and 2 graphic designers, to assist the organization’s COVID-19 recovery by increasing their capacity to deliver their service model to the community/target populations, while providing participants with experience and skills working within a non-profit. The Love Program participants will gain experience implementing a wraparound case management model geared toward young women of color referred from Probation, Law Enforcement Agencies, Public Social Services, local Children and Family Services, teachers, principals, parents, or other community outlets.

Operation New Hope and The Love Program have been notified of a tentative grant award, contingent upon approval from the granting agency and approval from City Packet Pg. 52
Council. City staff has secured approval from the granting agency, California Volunteers, to amend the grant budget in order to incorporate the sub-awards to these CBOs, while simultaneously amending the budget to allow the City to create additional City positions that have remained vacant since receipt of the 2021 Californians For All Youth Workforce Development Program Grant funding from the State. A budget amendment is required to ensure that the City’s program is in alignment with the contracted scope of work with California Volunteers and that all expenses incurred by the City are eligible and reimbursable.

In an effort to maximize available grant funding, the budget amendment will allow staff to restructure vacant two-year positions by creating additional one-year City grantfunded positions, including six full-time and thirty-two part-time positions. The budget amendment will also increase CBO partner positions from eight part-time positions to sixty-seven part-time positions.

Full-Time position increases:

Position Title Department # of Positions
Records Technician Police Department 3
Human Resources Analyst Trainee Human Resources 1
Grants Assistant Office of the City Manager 2
Total: 6
Part-Time position increases:

Position Title Department # of Positions
Police Apprentice Police Department 4
Intern Various 24
Library Assistant Library 4
Total: 32
Staff recommends Council approval to award a PSA to Operation New Hope in the amount of $178,056 and The Love Program in the amount of $329,088, to implement a youth workforce development program for the period of August 3, 2023, through May 1, 2024, and execute Amendment No. 1 to the agreement between the City of San Bernardino and California Volunteers for the 2021 Californians For All Youth Workforce Development Program, and any subsequent amendments necessary to implement the grant and incorporate the sub-recipient awards.
2021-2025 Strategic Targets and Goals
The request aligns with Key Target and Goal No. 2: Focused, Aligned Leadership and Unified Community. Partnering with local community-based organizations will increase City and local capacity to address key areas of climate, food insecurity, homelessness, and COVID-19 recovery.

Fiscal Impact
There is no impact to the General Fund and no additional funding is being requested Packet Pg. 53
with this item. The total amount of $507,144 in agreements will be covered through the reallocation of grant funds, as authorized by the grant agreement amendment.

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

3. Approve a Professional Service Agreement (PSA) with The Love Program, in the amount of $329,088 to create entry-level career pathways in the non-profit sector for youth for the period of August 3, 2023, through May 1, 2024.

Attachments
Attachment 1 – Amendment No. 1 to the Grant Agreement with California Volunteers
Attachment 2 – Original Grant Agreement Budget with California Volunteers
Attachment 3 – PSA with Operation New Hope
Attachment 4 – PSA with The Love Program
Ward:

All Wards
Synopsis of Previous Council Actions:

May 18, 2022 Mayor and City Council authorized the City Manager to accept and administer the 2021 Californians For All Youth Workforce Development Program Grant in the amount of $4,169,142 for the grant period of July 1, 2022 – June 30, 2024
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2. The term of this Agreement is:

The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:

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City of San Bernardino CaliforniansForAll Youth Workforce Development Program City of San Bernardino
CaliforniansForAll Youth Workforce
Development Program Application
City of San Bernardino
#JP2013
The City of San Bernardino, a proud but under-resourced city of over 220,000 residents, fights for the social and economic well-being of its residents every day. Underrepresented minorities compose over 75% of San Bernardino's population. By State and regional standards, the city has been disproportionately impacted by the COVID-19 pandemic, not only through public health, but housing, education, employment, and crime as well.

California community college enrollments are down 15%, with the local community college, San Bernardino Valley College, experi1encing a decline in enrollment between 20%-25%, primarily due to the adverse impact that the COVID-19 pandemic has had on the San Bernardino community. This educational conduit is the primary means that many members of African American, Hispanic/Latinx, Native American and financially challenged communities climb out of poverty and get on a pathway to socio-economic success. The COVID-19 pandemic has also exacerbated many of the critical aspects of survival for these same communities, including housing insecurity and their ability to obtain affordable housing, as noted by the UCLA Luskin Institute of Inequality and Democracy. Food insecurity, "food deserts," homelessness and limited access to career and educational pathways plague the youngest and most vulnerable teens and adults in these communities. San Bernardino is applying for the CaliforniansForAII Youth Workforce Development Program grant to address community impacts from COVID-19, change the community narrative, and provide a training pipeline and workforce opportunities for young residents seeking careers in public service.

SECTION 1: PROGRAM GOAL
The City of San Bernardino is an underserved community with many challenges that deter youth employment and opportunities for developing work experience. The data below is from a five- year Census comparative profile between 2015 to 2019 that indicates the city falls far below the State and County on many metrics that would promote successful youth development.

California San Bernardino County City of San Bernardino Did Not Complete High School 16.7% 20.1% 30.5%
Percentage Unemployed 36.3% 39% 40.6%
Percentage in Poverty 13.4% 16% 26%
Median Household Income $75,235 $63,362 $45,834
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City of San Bernardino CaliforniansForAll Youth Workforce Development Program San Bernardino will meet the program goals by recruiting youth between sixteen and thirty years old for positions in the city that offer rewarding pathways and training for future employment beyond the grant period, as well as provide valuable service to help address ongoing impacts from the Covid-19 pandemic and the recovery efforts. The city is requesting $4,169,142.00 in grant funding to support the efforts to recruit, train, and develop high need local youth.

Positions will be filled by numerous City departments: Library, Parks and Recreation, Animal Services, Human Resources, Police, and a Citywide Internship Program. Leadership from each department, along with the city Human Resources and Finance departments have identified additional need and capacity for entry level positions which will provide training, experience, a defined career path, and meet the criteria listed in the grant application. These areas of youth employment and public service will also strengthen the San Bernardino’s capacity to address key areas of COVID-19 recovery, education, and food insecurity. Finally, this program aligns with the following City of San Bernardino’s 2021-2025 Strategic Goals:

Strategic Priority 1- Financial Stability
Continuing efforts in grant research for community impact.

Strategic Priority 2- Focused, Aligned Leadership and Unified Community

2.a Develop and implement a community engagement plan.

2.b Build a culture that attracts, retains, and motivates the highest quality talent.

Strategic Priority 3- Improved Quality of Life

3.a Reduce the burden of homelessness through engagement, collaboration, and alignment with other entities.

3.b Develop a customer service initiative.

3.c Constantly evaluate public safety delivery models to enhance quality of service.

SECTION 2: PROGRAM DESIGN
The allocated funds for staffing will be addressing several focused areas identified by CaliforniaVolunteers including local COVID-19 recovery, increasing youth employment, and developing career pathways in the City of San Bernardino. By increasing our staff levels in the five major city departments and implementing a citywide internship program, San Bernardino will better be able to move forward with community outreach, public safety, education, and vital programs and services. As a result of the pandemic and ongoing continued emergence from the city’s 2012 bankruptcy, San Bernardino has dedicated its resources to providing basic needed services with bare bones staffing levels. and the need and demand for additional programs and services is great. Funding for this grant would provide the city of San Bernardino resources that would allow the four departments to revitalize service levels, regain public trust, and develop a youth workforce with a potential local employment pool seeking a career of public service. The positions requested are strong introductions to the world of public service. The following is a staff plan identified for the four departments:

The City’s focus for youth employment will be COVID-19 recovery, as well as working with CBO’s to address food insecurity and homeless services. The city has seen an increased demand for food delivery, preparation, and assistance from our unsheltered and aging populations.

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City of San Bernardino CaliforniansForAll Youth Workforce Development Program COVID-19 RECOVERY
The Library Department will provide opportunities for program participants to develop, coordinate, and lead programs and activities that would engage employees with an interest to develop a background and skills in early childhood education, early literacy and teaching in addition to public library exposure. Remote learning and lockdowns during the pandemic, especially in low income and communities of color have delayed children’s educational and social growth. Expanding community-based education and enrichment programs and engagement will provide growth opportunities missed the past two years.

The Parks, Recreation, and Community Services Department will provide both full and part-time entry level employment opportunities. The pandemic caused many valuable in-person programs offered by this department to be cancelled. Most programming is just beginning to resume. Youth and Teen afterschool programs have been proven to increase community engagement and decrease poor decision-making in the age groups 10-17. By providing effective and interactive programs, program participants would play a part in enhancing the safety of our community.

Each full-time coordinator listed would provide support to supervisors and managers and direct, lead and motivate part time recreation leaders in services that reach all of San Bernardino. In addition, part-time positions provide the youth employed with valuable training and development to engage with the community, create positive interactions with youth throughout the city and engage youth, families, and seniors through events, programs, and services.

Police Department will hire youth to fill entry level positionsthat will develop the skills necessary for a career in law enforcement. The pandemic accelerated officer retirements, delayed recruitments, and cancelled academies resulting in staffing shortages. At the same time, San Bernardino experienced an increased demand for police services and greater need for staffing increases. One of the most effective hiring pipelines is through police apprentice programs. Each assignment would prepare youth to understand the basic operations of the Police Department and familiarize them with tasks such as creation of police reports, routing of information throughout the department, performing customer service-related tasks, and basic investigative techniques. The youth employed in this position will be well positioned to transition into a career as a Police Officer or to advance into other investigative assignments. Note: None of the positions in the Police Department will place the program participant in any dangerous situations.

Animal Services. During COVID, pets became even more important to the health and well-being of our residents. While many had to stay away from family members during the pandemic, we relied on our pets in our homes to comfort and entertain us. With the number of pets in homes increasing, the need for animal welfare professionals in private veterinary practice, non-profit and public animal shelters as well as other supporting professions, (grooming, pet day care centers, dog behaviorists, etc.) has grown significantly, especially in the Inland Empire. Currently, there are not enough professionals to keep up with demand, including veterinarians and registered veterinary technicians. Animalshelters and animal control agencies are a pathway into permanent, well-paying professions in the veterinary field. In shelter attendant positions, youth will learn about proper animal care and handling, disease prevention and disinfection as well as an introduction to animal body language and positive training techniques. As an assistant to our Packet Pg. 58
City of San Bernardino CaliforniansForAll Youth Workforce Development Program Animal Control Officers, youth will learn about responsible pet ownership and what types of programs help reduce the number of animals coming to shelters. They will also learn customer service skills and how to help pet owners comply with City and State Ordinances. These key roles will provide valuable experiences for program participants to move forward in the industry or seek additional education to relieve the staffing shortages in the industry as well diversify professionals in animal welfare.

Citywide Internship Program
Funding from this opportunity will allow for the City of San Bernardino to issue a parttime citywide internship program. Following the COVID-19 pandemic, gaps have been prevalent in students and young adults’ education and work experience portfolios. The City of San Bernardino is home to San Bernardino Valley College and California State University, San Bernardino. A citywide internship program will allow for the City of San Bernardino to offer experience opportunities to varying fields of study ranging from program assistance and working with City administrators. A citywide internship program will allow for youths to build public sector work experience after being burdened by resume gaps caused by COVID-19.

Human Resources
COVID has left an overwhelming burden on the City of San Bernardino’s turnover rate that has impacted service levels of administrative Human Resources staff. The city will offer a Human Resource Analyst Trainee position designated for exposing an entry level human resource functions and assistance for grant program administration. This opportunity will allow for the City’s Youth Workforce Development Program to offer competitive entry level positions with prioritization of qualified candidates who may have been impacted by the financial hardships of COVID-19.

General Government
Amid the COVID pandemic, gang related violence and community intervention needs have stifled the City’s violence intervention program’s capacity. As capacity needs grow, an opportunity presents itself for entry level positions to supplement the program and its current capacity. A fulltime Grant Assistance will help provide programmatic support to the City’s violence intervention program that can offer experience in grant program administrative support, data preparations, assist in the reporting process, and community engagement for a youth workforce who hope to create a career in community affairs, law enforcement, or program administration.

CBOs, FOOD INSECURITY, AND HOMELESSNESS
The City of San Bernardino looks to develop a plan for Community Based Organizations that have become allies in efforts to provide COVID-19 recovery to our city. Two areas that are of acute need are addressing food insecurity and homelessness. Both areas of concern have been exacerbated locally directly due to the pandemic, and indirectly, due to unemployment, affordable housing, healthcare, inflation, and mental health services.

The City of San Bernardino would allocate roughly $500,000 of granted monies to be provided to CBOs that have already provided partnerships and efforts in the enhancement of services to our underserved population. The funds would be selected through a screening process which seeks to understand their experience operating effectively during the pandemic, which will be a key indicator for a successful partnership with the City for this grant funded program.

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City of San Bernardino CaliforniansForAll Youth Workforce Development Program The City has worked through the RFP process to award funding to two local CBO’s who sought to roll out Workforce Development efforts centered around a wrap around service model. The two organizations are The Love Program and Operation New Hope where to tentative offers have been extended that are contingent on grant funding and approval.

YOUTH EMPLOYMENT ACTIVITIES
The City has worked with staff to identify the aforementioned positions that will increase youth employment, develop career pathways, provide experience for careers in public service, and strengthen City capacity to address key areas of COVID recovery, education, public safety, and food insecurity. Identified opportunities for the grant are based upon insights from the departments’ familiarity with services that will serve disproportionately impacted communities and the goals of the San Bernardino 2021-2025 Strategic Plan.

The proposed start date for programming is July 1, 2022.

SECTION 3: YOUTH RECRUITMENT/DEVELOPMENT
San Bernardino will use traditional HR hiring methods in addition to host youth employment job fairs, community outreach, and an extensive marketing campaign on social media platforms.

The city will offer program participants job readiness training, including quarterly workshops focused on leadership development and networking opportunities. There will be opportunities for case management to be offered if a participant is in need. The City’s Human Resources Department is committed to working with these youth participants to meet their needs as they arise with any necessary wrap-around services. Services will be provided by City Departments in addition to external sources via webinars and in-person training.

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City of San Bernardino CaliforniansForAll Youth Workforce Development Program The proposal envisions 119 full and part-time (50%) contract positions as well as 31 part-time CBO positions with a pay range from $15 to $36 per hour plus benefits. Administrative costs of $80,000 will be used to pay partial salaries for administrative program assistance. Program participants are anticipated to serve in their role for one to two years. Full-time employees will be paid based on the position's salary and benefits outlined in the budget worksheet.

SECTION 4: METRICS/OUTCOMES
The City of San Bernardino is well positioned to provide all the required metrics listed by CaliforniaVolunteers with the hiring of a Human Resource Analyst and administrative assistance from the Grants Division to oversee the data collection and reporting of metrics. The city will also track the number of participants that successfully advance positions during the grant period.

SECTION 5: BUDGET/STAFFING/COMMUNICATIONS
As mentioned in Section 4, the City of San Bernardino will add a Grant Manager, Grants Division Management Analyst, and Human Resource Analyst, who will serve as administrator to oversee and coordinate the staffing of this program in our city departments. Additionally, the grant administrators will work with subgrantees to collect the data from the subgrantees employees.

The table below illustrates where we propose distributing staff for the city and subgrantees based on funding available overtime.

Food Climate
COVID 19
Recovery Cost of Staffing
Departments Insecurity Resiliency Efforts
General Government 2 $90,937
Human Resources 1 $107,504
Library 10 $225,377
Parks and Recreation 8 26 $1,221,644
Animal Services 6 $769,151
Police 19 $702,128.02
Citywide Internship Program 24 $403,008.00
CBO's* 67 $507,144
Administrative Costs $62,049
CBO Wrap-around Services $80,200
Total (119) 8 0 155 $4,169,142
*The City willsolicit applications to identify CBO's that will receive grant funding The City of San Bernardino commits to using CaliforniaVolunteers developed branding for this program as well as participating in CaliforniaVolunteers-organized trainings/curriculum if asked.

The City of San Bernardino is interested in participating in a program launch media event with CaliforniaVolunteers.

In closing, it is important to reiterate the positive impact that the CaliforniansForAII Youth Workforce Development Program grant can have in San Bernardino. Our youth and young adults experience unemployment, "under-employment," housing insecurity, food insecurity, limited access to education, training and vocational programs, and those young adults navigating the transition from the foster youth system, Program participants stand to make tremendous gains through this program. The experience, networking and job development opportunities that will be created with this program will not only be life changing but possibly lifesaving in some instances. The City of San Bernardino respectfully requests your support and approval of our application for the CaliforniansForAII Youth Workforce Development Program grant.

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Applicant: City of San Beranrdino
Items Description Calculation # of Years Total Budget % Allocation Cross Check Administrative Costs 25% of Grants Manager Time $8,497 2 $ 16,993.00 CBO Administrative Costs - Operation New Hope 50% of CBO Project Manager $45,056 1 $ 45,056.00 Total $ 62,049.00 1.5%
# Requested Hourly Salary # of Hours # of Years # of Employees Total Hours Total Budget Community Services OFC. (FT) $22 2080 1 6 12480 $274,560 Records Technicians $17 2080 1 3 6240 $106,080
Human Resources Analyst Trainee $29 2080 1 1 2080 $60,320 Grant Assistant $19 2080 1 2 4160 $79,040
Recreation Coordinator (FT)-Grants $27 2080 2 1 4160 $112,320 Recreation Coordinator (FT)-Special Needs/Camps $27 2080 2 1 4160 $112,320 Recreation Coordinator (FT)-Special Events $27 2080 2 1 4160 $112,320 Recreation Coordinator (FT)-Nutrition $27 2080 2 1 4160 $112,320 Animal Shelter Attendant $18 2080 2 4 16640 $299,520
Animal Services Representative $18 2080 2 2 8320 $149,760 Total 20800 2 22 66560 $1,418,560
# Requested Hourly Salary # of Hours # of Years # of Employees Total Hours Total Budget Police Apprentic (PT) $18 1000 2 2 4000 $72,000
Police Apprentic (PT) $18 1000 1 8 8000 $144,000
Recreation Leader (PT) - Teens/Outdoor Rec $17 1000 1 5 5000 $85,000 Recreation Leader (PT) - Events/Camps $17 1000 1 5 5000 $85,000 Recreation Leader (PT) - Nutrition $17 1000 1 5 5000 $85,000 Recreation Leader (PT) - Mobile Rec $17 1000 1 5 5000 $85,000 Recreation Leader (PT) - Aquatics $17 1000 1 10 10000 $170,000 Intern (various departments) $16 1000 1 24 24000 $384,000 Library Program Assistant $16 1000 2 2 4000 $64,000
Library Program Assistant $16 1000 1 8 8000 $128,000
CBO Partner - Operation New Hope $16 100 10 weeks 50 5000 $80,000 CBO Partner - The Love Program - Part-Time Postions $16 1000 1 16 16000 $256,000 CBO Partner - The Love Program - Project Mentor $22 1000 1 1 1000 $22,000 Total 10000 2 141 100000 $1,638,000
Items Description Calculation Total Budget
Pers (Pension) 10.69% $151,644 $151,644
Worker's Compensation 3.50% $49,650 $49,650
Unemployment 0.30% $4,256 $4,256
Medicare 1.45% $20,569 $20,569
Health Care Monthly Costs per Employee (Multi-year
Positions) $1,724 $413,760 $413,760
Health Care Monthly Costs per Employee (Single-year
Positions $1,724 $248,256 $248,256
Total $888,134
Items Description Calculation Total Budget
Worker's Compensation 3.50% $57,330 $58,448
Medicare 1.45% $23,751 $23,751
Total $82,199
Items Description Calculation Total Budget % Allocation Cross Check CBO Wrap Around Services Awarded to Operation New Hope $46,200 1 $ 46,200.00 CBO Wrap Around Services Awarded to the Love Program $34,000 1 $ 34,000.00 Total $80,200 1.9%
Total Budget Request $ 4,169,142
Total # of Fellows 163
Partners (The City will Seek Applicants Status (Proposed or Secured) Contractual Amount Operation New Hope Proposed $178,056
The Love Program Proposed $329,088
Total $ 507,144.00
List of Partners
IV. Program Wrap-Around Services (Not to Exceed 40% of Total Award) III. CaliforniansForAll Youth Workforce Fellows - Other Fellow Costs - Part Time CaliforniansForAll Youth Workforce Program
II. CaliforniansForAll Youth Workforce Fellows - Wage - Full Time I. Administration (Must Not Exceed 10% of Total Award)
II. CaliforniansForAll Youth Workforce Fellows - Wage - Part Time III. CaliforniansForAll Youth Workforce Fellows - Other Fellow Costs - Full Time Exhibit B: Budget Detail
JP2013
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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND OPERATION NEW HOPE
This Agreement is made and entered into as of August 3, 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 Operation New Hope, a Non-profit public benefit with its principal place of business at 323 W. 7th St, San Bernardino, CA 92401 (hereinafter referred to as “Consultant” or “SubRecipient”). 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:

Youth Workforce Development Program (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 “B.” b. In no event shall the total amount paid for services rendered by Packet Pg. 64
2 Consultant under this Agreement exceed the sum of $178,056. 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 August 3, 2023, and continue through May 1, 2024, 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. 65
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. 66
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 and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

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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. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.

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

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver Packet Pg. 70
8 renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. 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 Packet Pg. 71
9 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 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 Packet Pg. 72
10 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. 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.

19. 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.

20. 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.

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

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11 22. 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.

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

24. 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.

25. 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.

26. Organization. Consultant shall assign Russell Degnan as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

28. 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: Interim City Manager
With Copy To:

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

Operation New Hope
323 W. 7th St
San Bernardino, CA 92401
Attn: Russell Degnan
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12 29. 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.

30. 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.

31. 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.

32. 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.

33. 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.

34. 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.

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

36. 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.

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

38. 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.

39. 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.

40. 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.

41. 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.

42. 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.

43. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.

This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after Packet Pg. 76
14 previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND OPERATION NEW HOPE
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
Interim 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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16 EXHIBIT A

SCOPE OF SERVICES FOR CITY OF SAN BERNARDINO
August 3, 2023 to May 1, 2024
Consultant Activities:

Agency Name: Operation New Hope Fiscal Year: 2023-2024
Program Name: City of San Bernardino – California Youth Workforce for All Service Area: City-wide

1. Expectation(s): Hire/Enroll 50 San Bernardino City Youth between 16-30 years of age and meeting two or more other eligibility
requirements.

2. Outcome(s): 1. Increase Youth Employment

2. Develop Career Pathways

3. Strengthen local capacity to address key areas of food insecurity, climate, and COVID-19 recovery

3. Activities: 1. Establish a Workforce Executive Network

2. Establish referral process for local schools, youth programs, and government entities. 80% of unemployed participants will obtain employment.

3. Recruit through San Bernardino City Parks events,
community resource fairs, and various street outreach
efforts. 75% of those obtaining employment will retain
employment for six months.

4. Provide 100% of participants with comprehensive case management services addressing their criminogenic needs.

5. Identify up to 80% of participants as needing
education/vocational training will begin education/training.

6. 87% receiving education/vocational training will complete programming.

7. 100% of participants enrolled placed into a Paid Work Experience Program, working with local employers and or government agencies.

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17 Non-Allowable Activities:

Participants may not partake in activities that require high levels of safety precautions.

Participants may not partake in activities that require specialized training unless that training is provided by the organization.

Participant Eligibility Requirements:

All participants must be between 16-30 years of age AND must meet at least 2 of the following criteria:
• Have not participated in an AmeriCorps program
• May have difficulty finding employment
• Are low-income
• Are unemployed and/or out of school
• Are or were justice-involved
• Are in or transitioning from foster care
• Are engaged with the mental health or substance abuse system Sub-recipient is required to establish a process to properly verify the eligibility of a candidate before participating in the program.

Data Collection & Reporting Requirements:

The following data must be collected and reported, on provided reporting workbook template, to the City of San Bernardino on a quarterly basis according to Data Reporting Schedule below:

1. Participant Eligibility Data

2. Participant Demographic/Contact Information

3. Exit Interview Data

4. Participant Hours
The City of San Bernardino will provide the template to withhold said metrics following the execution of this agreement. These metrics are subject to change, depending on the direction given from the parent granting agency, California Volunteers, or requirements required by the City of San Bernardino to report: The subrecipient is required to retain program documentation for a period of 5 years, following program completion.

Data Reporting Schedule:

Data Reporting Period Due Date
06/01/2023 – 09/30/2023 10/02/2023
10/01/2023 – 12/31/2023 01/02/2024
01/01/2024 – 03/31/2024 04/01/2024
04/01/2024 – 05/01/2024 05/02/2024
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18 Branding Requirements:

Consultant may be required to take part in CaliforniansForAll events/training/and job development programs as requested by CaliforniaVolunteers and be expected to use CaliforniaVolunteers developed branding for the Youth Workforce Development Program.

CaliforniaVolunteers, in coordination with the City of San Bernardino, will provide support to consultant who wishes to engage in a media campaign to show the collective impact of the program.

Right to Monitor and Audit
The Commission or any subdivision or appointee thereof, and the State of California or any subdivision or appointee thereof, including the Auditor General, shall have absolute right to monitor and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to observe the performance of Contractor in the delivery of services provided under this Contract.

Contractor shall give full cooperation during any auditing or monitoring conducted.

Contractor shall cooperate with Commission in the implementation and evaluation of this Contract and comply with any and all reporting requirements established by Commission.

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19 EXHIBIT B

FISCAL PROVISION & BUDGET
Invoicing Requirements:

This subgrant is a cost-reimbursement grant. As such, subgrantee will be required to submit periodic and timely invoices to the City for expenses already incurred for processing and payment. Subgrantee must adhere to the invoicing schedule listed within this agreement.

Request for reimbursements shall include an invoice addressed to 290 N. D Street. 3rd Floor, San Bernardino, CA 92401, the invoice workbook form provided to the subgrantee following the execution of this agreement and supporting general ledger back up documentation (detailed general ledger listings, labor distribution report, etc.). Request for reimbursements shall be submitted in PDF format via email to Christian Rodriguez at [email protected] according to the invoicing schedule. The City of San Bernardino will provide an invoicing template following the execution of this agreement.

Invoicing Schedule
Invoicing Period Due Date
06/01/2023 – 09/30/2023 10/13/2023
10/01/2023 – 12/31/2023 01/12/2024
01/01/2024 – 03/31/2024 04/12/2024
04/01/2024 – 05/01/2024 05/10/2024
Budget:
2023-2024 Grant Share In-Kind Description
A. Staff Salaries
and Benefits

26,880.00

26,880.00
Salary Projection in this
narrative. 1 Full-time Program
Manager, to ensure youth are
provided with appropriate
training and management when
assigned to paid work
experience. Both the youth and
our employer partnerships will
need a point of contact to
ensure success for both
parties. From our experience
our employer partnerships, take
on youth specifically for the
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20 subsidized employment and we
provide a job coach when youth
are in need of additional
training, correction, or
emergencies.

B. Staff Travel/
Training/Meetings

1,320.00
In-kind $0 we will leverage our
San Bernardino County
Workforce Development WIOA
program.

C. Office Supplies
1,200.00

-
$100.00 per month to support
program activities and meet
program compliance
D. Telephone
-

2,000.00
In-kind $0 we will leverage
existing contracts. $166.00 per
month for office phone and
Internet to support Center in
communication and supporting
the participants with internet for
their training.

E. Rent:
-

24,000.00
In-kind $0 match $3000 per
month leveraged through our
BSCC contract.

F. Utilities:
-

-
Covered in our indirect rate
G. Insurance:
6,800.00

-
ONH’s insurance premium for
Liability and Worker’s
Compensation annually is
$18,000. Per the Space
Allocation method costs for
insurance is $18,000 * 36% =
$6,800
H. Accounting,
Audit, or Financial
Statements

5,100.00
In-kind ONH estimates audit
and annual statement fees to
be $15,000.00. Per the Space
Allocation method costs for the
Audit and Annual Statements
are $8,840.00 * 34% =
$5,100.00
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21 I. Training
Materials, Class
Supplies

25,000.00

-
US Rubber, Sunrise Ford,
Fairview Ford, provides in-kind
certificate training through
Ford’s on-line certificated
courses in automotive,
transportation, logistics, and
Administrative Assistance.

Other Training Costs – ONH
sets aside $1000 for 25 youth
for additional specialized
training if needed Occupational
Training–various certificated
occupational training programs.

J. Participants
Wages

80,000.00

-
Budgeted for 50 – youth to be
provided paid work experience,
On the Job Training. 50 youth
@ $1,600.00 or approximately
100 hours.

K. Supportive
Services/Stipends

20,000.00

-
Supportive Services include
interview or work clothes, gas
cards, and bus passes.

Participants are eligible to
receive stipends for
participation in scheduled
program activities including
Career readiness, Life Skills
Training, achievement of
Literacy and Numeracy Gains,
achieving his or her high school
diploma, and enrollment in
post-secondary education
budgets for a maximum of $400
per youth @ 50 participants.

Wrap Around Services
(Orientation/ Registration,
Curriculum, Supplies, Interview/
Work Clothing & Shoes, and
Transportation) - PER GRANT
(FUNDING SOURCE)

GUIDELINES, WRAP

AROUND SERVICES

CANNOT INCLUDE FOOD

AND GIFT CARD
PURCHASES.

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22 L. Indirect Costs
18,176.00

-
These costs include
administrative costs that are
necessary for ONH to operate
but are not directly attributable
to any single grant. These
costs include, but are not
limited to, Accounting, Payroll
Processing, Human Resources,
Legal Consulting, and are
planned at 10% of the total
program costs = $65,000.00
TOTAL Budget
178,056.00

59,300.00
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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND THE LOVE PROGRAM
This Agreement is made and entered into as of August 3, 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 The Love Program, Inc., a Corporation with its principal place of business at 320 N E. St. Suite 402, San Bernardino, CA 92401 (hereinafter referred to as “Consultant” or “SubRecipient”). 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:

Youth Workforce Development Program (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.”

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 “B.” b. In no event shall the total amount paid for services rendered by Packet Pg. 86
2 Consultant under this Agreement exceed the sum of $329,088. 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.

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

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. 87
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.

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. 88
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.

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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. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.

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

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver Packet Pg. 92
8 renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. 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 Packet Pg. 93
9 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 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 Packet Pg. 94
10 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.

20. 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.

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11 22. 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.

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

26. Organization. Consultant shall assign Daphne Hawkins as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

CITY:

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

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

The Love Program, Inc.
3220 N E. St.,
Suite 402
San Bernardino, CA 92401
Attn: Daphne Hawkins
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12 29. 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.

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

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

38. 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.

This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after Packet Pg. 98
14 previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND THE LOVE PROGRAM
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
Interim 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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16 EXHIBIT A

SCOPE OF SERVICES FOR CITY OF SAN BERNARDINO
August 3, 2023 to May 1, 2024
Consultant Activities:

Agency Name: The LOVE Program Fiscal Year: 2023-2024
Program Name: City of San Bernardino – California Youth Workforce for All Service Area: City-wide
Expectation(s): Hire/Enroll 17 San Bernardino City Youth between 16-30 years of age and meeting two or more other eligibility requirements.

Outcome(s): 1. Increase Youth Employment

2. Develop Career Pathways

3. Strengthen local capacity to address key areas of food insecurity, climate, and COVID-19 recovery
Activities: 1. School to Career – Aid young ladies of color make the connection between education and a successful career. Youth will be encouraged to remain in secondary school and graduate, or, if they left school before completion, to obtain a high school equivalency diploma.

2. Employment Opportunities and Partnerships – Identify and engage employment sectors that offer strong opportunities for our participants, namely, high-growth sectors with a variety of entrylevel positions and the potential for career progression. Based on research and labor market analysis, target sectors could include the health, retail and customer service, and hospitality and tourism; although it also recognizes that other employment niches in local communities may offer similarly strong opportunities.

3. Job Readiness Program – Participants will go through a 10 Week program focused on self-development, leadership skills and job readiness will assist participants in developing good work habits to facilitate long term success. Through the curriculum we will cover obstacles in the workplace, resume writing, financial literacy, leadership, and relationship skills, as well as additional emotional Intelligence skills to navigate work environments.

Non-Allowable Activities:

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17 Participants may not partake in activities that require high levels of safety precautions.

Participants may not partake in activities that require specialized training unless that training is provided by the organization.

Participant Eligibility Requirements:

Data Collection & Reporting Requirements:

The following data must be collected and reported, on provided reporting workbook template, to the City of San Bernardino on a quarterly basis according to Data Reporting Schedule below:

1. Participant Eligibility Data

2. Participant Demographic/Contact Information

3. Exit Interview Data

Data Reporting Schedule:

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18 Consultant may be required to take part in CaliforniansForAll events/training/and job development programs as requested by CaliforniaVolunteers and be expected to use CaliforniaVolunteers developed branding for the Youth Workforce Development Program.

CaliforniaVolunteers, in coordination with the City of San Bernardino, will provide support to consultant who wishes to engage in a media campaign to show the collective impact of the program.

Contractor shall give full cooperation during any auditing or monitoring conducted.

Contractor shall cooperate with Commission in the implementation and evaluation of this Contract and comply with any and all reporting requirements established by Commission.

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19 EXHIBIT B

FISCAL PROVISION & BUDGET
Invoicing Requirements:

Description Quantity Unit Cost Total
Amount
Salaries - Project Mentor
$22.00/Hour - PT - Total of 1000
hours

1.00 22,000.00

22,000.00
Salaries - Mentors/Facilitator
$16.00/Hour - PT 20 Hours -
Total of 1000 hours

10.00 16,000.00

160,000.00
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20 Salaries - Office Assistant
$16.00/Hour - PT 20 Hours -
Total of 1000 hours

2.00 16,000.00

32,000.00
Salaries - Social Media
Specialist
$16.00/Hour - PT 20 Hours -
Total of 1000 hours

2.00 16,000.00

32,000.00
Salaries - Graphic Designer
$16.00/Hour - PT 20 Hours -
Total of 1000 hours

2.00 16,000.00

32,000.00
Fringe Benefits - Medical,
Dental, Life

1.00 8,588.00

8,588.00
Payroll Tax

17.00 500.00

8,500.00
Wrap Around Services
(Orientation/ Registration,
Curriculum, Supplies, Interview/
Work Clothing & Shoes, and
Transportation) - PER GRANT
(FUNDING SOURCE)

GUIDELINES, WRAP AROUND

SERVICES CANNOT INCLUDE

FOOD AND GIFT CARD
PURCHASES.

17.00 2,000.00

34,000.00

TOTAL VENDOR PRICE
329,088.00
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21 EXHIBIT C

DATA COLLECTION & REPORTING WORKBOOK
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22 EXHIBIT D

INVOICING WORKBOOK
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 2, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services Department: Finance
Subject: Investment Portfolio Report for April and May 2023 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for April and May 2023.

Executive Summary:

This action accepts and files the monthly investment reports for the months of April and May 2023.

Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy.

Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the months ended April 30, and May 31, 2023.

The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements.
2021-2025 Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.

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Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment report.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for April and May 2023.

Attachments
Attachment 1 Investment Portfolio Management Summary Report April 2023 Attachment 2 Investment Portfolio Management Summary Report May 2023 Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 2, 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: Resolution to Approve the City Investment Policy for FY 2023/24 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-118, approving the Investment Policy for FY 2023/24.

Executive Summary:

This action approves the Investment Policy that governs the cash, treasury, and investment management functions of the City. This Policy requires approval by the Mayor and City Council. There are no changes to the existing Policy, approved in 2021.

Background
State law requires that all municipalities have an investment policy approved by its governing board that it re-approves the policy on a regular basis. The investment policy serves as the foundation of a local agency’s investment goals and priorities. The investment policy is carefully researched, effectively drafted, and reviewed regularly to ensure that it continues to meet the agency’s goals/priorities for its portfolio and to help protect the assets of the organization. A good investment policy encompasses the cash, treasury, and investment management functions of a city. It serves as a guide for setting and achieving portfolio objectives, defines rules and establishes benchmarks, and reduces the exposure to liability. An approved investment policy demonstrates that the governing body is performing its fiduciary responsibilities, thereby instilling trust and confidence in the public it serves.

It is also important to note that rating agencies pay close attention to a city’s investment policy and portfolio in determining its credit rating.

Discussion
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POLICY UPDATE / REVISION
The Finance Department is responsible for submitting the Investment Policy for approval by the Mayor and City Council. It should be noted that the Policy itself is written to require annual approval by the Mayor and City Council; however, it was not brought forward for re-approval in FY 2022/23. This was an oversight by staff, which, while ensuring that the Policy did not need to be changed due to updates to Government Code, nevertheless failed to recognize that the Policy required reapproval.

The City’s Investment Policy was recently awarded a California Municipal Treasurer’s Association Investment Policy Certification designation. This certification recognizes that the City of San Bernardino’s investment policy adheres to the State of California Government Code and meets the program requirements within 18 different topic areas deemed to be best practices for investment policies.

The Investment Policy for FY 2023/24 focuses on three key areas in relation to the management of the City’s investment portfolio:
(1) Safety. The safety of principal,
(2) Liquidity. Sufficient liquidity to ensure that cash is readily available as needed to meet the City’s anticipated obligations, and
(3) Yield. Achieving a competitive market rate of return.

The purpose of the Investment Policy is to establish cash management and investment guidelines for the investment of the City’s idle cash. This policy shall apply to each investment transaction and the entire portfolio, which must comply with the California Government Code Sections 53600 through 53683 and all other applicable laws and regulations.

The California Debt and Investment Advisory Commission, which provides information, education, and technical assistance on debt issuance and public fund investments to local agencies, updated the Local Agency Investment Guidelines, reflecting California statutory changes to Government Code Sections 53601 and 53646 effective January 1, 2023.

Government Code Section 53601
SB1489, the Local Government Omnibus Act, amended Government Code Section 53601 to clarify that a public agency investment’s term or remaining maturity is to be measured from the settlement date to final maturity. A security purchased pursuant to 53601 is prohibited from having a settlement date exceeding 4 days from the time of investment.

The City’s current Investment Policy Chapter III, Section F states: The investments listed in this policy are authorized investments pursuant to Sections 53601 and 53635….”
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Since the City’s Investment Policy is governed by Section 53601, no changes are necessary to the City’s Investment Policy as a result of this update.

Government Code Section 53646(b)(1)
SB1489 also amended Government Code Section 53646(b)(1) to increase the timeline that Finance has for presenting the quarterly report to the legislative body of the local agency by 15 days, from 30 days to 45 days following the end of the quarter.

The City currently submits the Investment Report to City Council following the close of each month; occasionally submitting two months at one time. Because the City does not submit our reports on a quarterly basis, but more frequently, the amendment to Government Code Section 53646 to extend the time that Finance has to submit a report to its legislative body does not affect the City’s Investment Policy.

There are no changes to the Investment Policy for Fiscal Year 2023/24. Moving forward, the adoption of the Investment Policy will be included in conjunction with the adoption of the biennial budget.

Approval by the City Council of the Investment Policy signifies that the legislative body shares fiduciary responsibility with the City, increases the authority and legitimacy of the investment policy, and provides transparency and disclosure.

INVESTMENT ADVISOR
Chapter III (A) 3 of the City’s Investment Policy states:
“The City may engage in the services of outside professionals for evaluation and advice regarding the City’s investment program. An authorized Investment Advisor may provide investment management services, which may also include facilitating trade executions under the direction of the Director of Finance or designee. Any Investment Advisor shall be registered by the Securities and Exchange Commission and licensed to do business in the State of California. An authorized Investment Advisor shall invest the City’s funds in investments that are in compliance with this policy and provide accurate and timely reports of its investment activities to City staff. The Investment Advisor shall never take possession of the City’s funds or assets.”
The City is considering hiring an Investment Advisor as discussed above. The City’s portfolio has reached a level at which the level of expertise required to manage it well exceeds that of which we are currently able to recruit for in the Treasury Manager position. As interest rates have risen, there is significant opportunity for earnings that an Investment Advisor will identify and enable the City to take advantage of. Below is a list of services that an Investment Advisor would provide (not all-inclusive):
• Provide discretionary investment advisory services to help govern the City’s investment portfolio, which is approximately $300 million; • Provide comprehensive monthly and quarterly statements on all the City’s Packet Pg. 132
holdings;
• Provide consolidated statements which will detail both the reserve and liquid portions of the City’s investments;
• Evaluate market risk and develop strategies that minimize the impact of risk on the portfolio;
• Establish appropriate performance benchmarks that demonstrate full understanding of and provide the City assurance that all portfolio assets are in compliance will applicable laws and the City’s Investment Policy.

The Investment Advisor will not have custody or possession of the funds or securities the City places under its management. The Investment Advisor will only coordinate with the City’s third-party custodian to safeguard securities/assets. The City has an agreement with the Bank of New York (BNY) Mellon Trust Company as its custodian of securities and cash.

City staff will return to City Council for review and approval of the Request for Proposal for investment advisory services.
2021-2025 Strategic Targets and Goals
Approval of the City’s Investment Policy for FY 2023/24 aligns with Key Target No. 1:

Improved Operational & Financial Capacity. The annual approval of the City’s Investment Policy is a requirement of state law as it pertains to managing the investment of City funds and provides guidance to the Finance Director to execute this Charter-designated responsibility.

Fiscal Impact
The proposed action has no specific fiscal impact. Given the current interest rate environment, the City’s investment portfolio totals approximately $300 million and generates approximately $4 million in annual investment income. The adopted budgets for both fiscal years incorporated projected interest earnings for FY 2023/24.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-118, approving the Investment Policy for FY 2023/24.

Attachments

1. Attachment 1 – Resolution 2023-118

2. Attachment 2 – Exhibit A – Investment Policy
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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Resolution No. 2023-118
Resolution 2023-118
August 2, 2023

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RESOLUTION NO. 2023-118

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING AN INVESTMENT POLICY FOR FISCAL
YEAR 2023/24.

WHEREAS, the City of San Bernardino has an existing Investment Policy consistent with State Law and sound financial management; and
WHEREAS, State Law requires that the managing board of any municipality within the state review and reapprove Investment Policy on a regular basis; and WHEREAS, the current City of San Bernardino’s Investment Policy requires annual review and reapproval; and
WHEREAS, the review and reapproval of the City of San Bernardino’s Investment Policy will be realigned to be included with the adoption of the Biennial Budget and the Mid-Biennial Update going forward; and
WHEREAS, the Agency Director of Administrative Services has no recommended changes to the proposed FY 2023/24 Investment Policy attached hereto as Exhibit “A”; and WHEREAS, such Policy is presented to the Mayor and City Council for its review and approval for Fiscal Year 2023/24 consistent with State Law.

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

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

SECTION 2. The Mayor and City Council hereby adopt the “Investment Policy for FY 2023/24,” attached hereto as Exhibit “A” and incorporated herein and made a part of this Resolution.

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Resolution No. 2023-118
Resolution 2023-118
August 2, 2023

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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 2nd day of August 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. 2023-118
Resolution 2023-118
August 2, 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. 2023-118, adopted at a regular meeting held on the 2nd day of August 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk
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CITY OF

SAN BERNARDINO
Investment Policy
Fiscal Year 2023-24
Proposed August 2, 2023
Barbara Whitehorn
Agency Director of Administrative Services
C. Jeannie Fortune
Deputy Director of Finance
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Exhibit A
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I. PURPOSE
To establish guidelines for the prudent investment of public funds in a manner that will protect City funds, meet daily cash flow expenditures, and comply with all federal, state, and local laws and ordinances governing the investment of public funds.

II. POLICY & ADOPTION
t shall be the policy of the City of San Bernardino to annually review and adopt an Investment Policy by resolution of the City Council. This Policy applies to all financial assets and funds held by the City of San Bernardino and the Successor Agency to the San Bernardino Redevelopment Agency. The funds covered by this policy include:
*General Fund
*Special Revenue Funds
*Capital Project Funds
*Proprietary Funds
*Other funds that may be created
Any modifications to the Policy must be approved by the City Council.

III. PROCEDURES
The Director of Finance shall annually review the City’s Investment Policy, and incorporate any changes in state law, recommendations from the City’s Investment Advisor, recommendations from the various national and state organizations of municipal finance officers, or other changes recommended by City staff. The revised Investment Policy shall be presented to the Finance Committee and the City Council for review and approval. (A) Responsibilities
No person may engage in investment activities except as provided under the terms of this Policy and the procedures established by the Director of Finance.

1. Responsibilities of the City Council
The City Council shall annually consider and adopt a written Investment Policy.

As provided in this Policy, the Council shall receive monthly Investment Reports.

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Exhibit A
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2. Responsibilities of the Director of Finance
The Director of Finance is appointed by and serves at the pleasure of the City Manager and is subject to his/her direction and supervision. The Director of Finance is charged with responsibility for the conduct of all Finance Department operations. The City Charter places the “City Treasurer” responsibilities amongst the duties of the Director of Finance. That individual is charged with responsibility for carrying out all investment actions. He/she may delegate the day-to-day investment activities to their designee(s) but not the responsibility for the overall investment program. If authorized by the City Council, the Director of Finance may also utilize the services of an external investment advisor to assist with the investment program.

The Director of Finance, through supporting staff members, is responsible to manage all public funds and securities belonging to or under the control of the City and the Successor Agency, including the deposit and investment of those funds in accordance with principles of sound treasury management and applicable laws and ordinances. Appropriate internal controls designed to ensure that assets of the City are protected from loss, theft, or misuse, including but not limited to separation of duties and multiple approvers for transactions, shall be maintained at all times in order to safeguard the City’s assets.

3. Responsibilities of the City’s Investment Advisor (if applicable) The City may engage in the services of outside professionals for evaluation and advice regarding the City’s investment program. An authorized Investment Advisor may provide investment management services, which may also include facilitating trade executions under the direction of the Director of Finance or designee. Any Investment Advisor shall be registered by the Securities and Exchange Commission and licensed to do business in the State of California. An authorized Investment Advisor shall invest the City’s funds in investments that are in compliance with this policy and provide accurate and timely reports of its investment activities to City staff. The Investment Advisor shall never take possession of the City’s funds or assets.

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Exhibit A
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4. Internal Controls
The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, fraud or misuse.

The City’s external independent auditing firm shall perform an annual analysis and review of internal controls, account activity and compliance with policies and procedures.
(B) Prudent Investor Rule
The standard of prudence to be used by the Director of Finance shall be the “prudent investor” standard. This shall be applied in the context of managing an overall portfolio.

The “Prudent Investor Rule” provides, pursuant to California Government Code Section 53600.3, that investments shall be made with judgment and care—under circumstances then prevailing—which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The Director of Finance and any designee of the Director of Finance, as investment officers acting in accordance with written procedures and the investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported to the City Council in a timely fashion and appropriate action is taken to control adverse developments.
(C) Ethics and Conflicts of Interest
In addition to state and local statutes relating to conflicts of interest, all persons involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program or impairs their ability to make impartial investment decisions. Employees and investment officers are required to annually file applicable financial disclosures as required for “public officials who manage public investments” by the Fair Political Practices Commission (FPPC) and are subject to California law relative to conflicts of interest.

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Exhibit A
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(D) Level of Investment
The City strives to maintain the level of investment of all investable cash as near to 100 percent as possible through current and projected cash flow management.

The Director of Finance shall maintain a system to monitor and forecast revenues and expenditures so that City funds can be invested to the fullest extent possible while providing sufficient liquidity to meet the City’s reasonably anticipated cash flow requirements. Maturities of investments will be selected to provide necessary liquidity, manage interest rate risk, and optimize earnings. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds. (E) Investment Objectives
The City seeks safety and liquidity in all of its investments followed by yield. Safety, liquidity, and yield are defined as follows:

1. Safety. Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.

2. Liquidity. The investment portfolio shall remain sufficiently liquid to meet operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands.

3. Yield. The investment portfolio shall be designed with the objective of attaining a market rate of return, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above.
(F) Allowable Investments
The investments listed in this Policy are authorized investments pursuant to Sections 53601 and 53635 of the California Government Code and are authorized investments for the City subject, however, to the restrictions set forth in Section “K” of this Investment Policy. In the event that an apparent discrepancy is found between this Policy and the Government Code, the more restrictive parameters will take precedence.

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Exhibit A
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(G) Collateralization
If collateral is required for a particular investment type, it will be provided in compliance with California Government Code requirements. (H) Investment Pools/Mutual Funds
Prior to investing in any pooled investment program (e.g., LAIF, money market funds), the Director of Finance will review the program’s documentation (e.g., investment policy, policies for participation, fees) to determine the appropriateness of the pool for City funds. Whenever the City has funds invested in a pooled investment program, the Director of Finance should periodically review the pool’s investment holdings. The review shall, at a minimum, obtain the following information:
• A description of eligible investment securities, and a written statement of investment policy and objectives.
• A description of interest calculations and how it is distributed, and how gains and losses are treated.
• A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited.
• A description of who may invest in the program, how often, and what size of deposits and withdrawals are allowed.
• A schedule for receiving statements and portfolio listings. • A description of how the pool/fund utilizes reserves, retained earnings, etc.
• A fee schedule, including when and how fees are assessed. • The eligibility of the pool/fund to invest in bond proceeds and special district funds, and a description of its practices
(I) Diversification
The City shall diversify the investments within the portfolio to avoid incurring unreasonable risks inherent in over-investing in specific instruments, individual financial institutions, or maturities. To promote diversification, no more than 5% of the portfolio may be invested in the securities of any one issuer, regardless of security type; excluding U.S. Treasuries, federal agencies, supranationals, and pooled investments such as LAIF, money market funds, or local government investment pools.

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(J) Maximum Maturities
For those investment types for which this Policy does not specify a maturity limit, no individual investment shall exceed a maturity of five years from the date of purchase unless the City Council has granted express authority to make that investment either specifically or as a part of an investment program approved by the City Council no less than three months prior to the investment. The weighted average duration of the investment portfolio shall not exceed 3.0 years. (K) Authorized Investments of the City
The following types of investments are authorized by this Policy:

1. U.S. Treasury Instruments. United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There is no limitation as to the percentage of the City’s portfolio that may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.

2. State of California’s Local Agency Investment Fund (LAIF). A State of California-managed investment pool. The maximum amount invested in this category may not exceed the limit set by LAIF for operating accounts.

For 2023 that deposit limit is $75 million.

3. Local Government Investment Pools (“LGIP”). Shares of beneficial interest issued by joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in Government Code (e.g. Cal Trust). The City will limit investments to LGIPs that seek to maintain a stable net asset value. There is no limitation as to the percentage of the City’s portfolio that may be invested in this category.

4. Municipal Bonds. Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.

Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.

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Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.

Purchases are limited to securities rated in a rating category of “A” (longterm) or “A-1” (short-term) or their equivalents or better by a Nationally Recognized Statistical Rating Organization (NRSRO). A maximum of 30% the City’s portfolio may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.

5. Federal Agency Securities. Federal agency or United States governmentsponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.

There is no limitation as to the percentage of the City’s portfolio that may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.

6. Negotiable Certificates of Deposit. Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Securities in this category shall be limited to the maximum amount covered by federal deposit insurance currently set at $250,000. A maximum of 30% of the City’s portfolio may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.

7. Commercial Paper. Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
(1) The entity meets the following criteria: (A) Is organized and operating in the United States as a general corporation; (B) Has total assets in excess of five hundred million dollars
($500,000,000), and (C) Has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or better by an NRSRO.
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Exhibit A
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including, but not limited to, overcollateralization, letters of credit, or a surety bond, and (C) Has commercial paper that is rated “A-1” or better, or the equivalent, by an NRSRO.

Purchases are limited to securities that have a maximum maturity of 270 days. A maximum of 25% the City’s portfolio may be invested in this category with a maximum of 5% per issuer.

8. Corporate or Medium-Term Notes. Corporate or medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Purchases are limited to securities rated in a rating category of “A” or its equivalent or better by an NRSRO. A maximum of 30% the City’s portfolio may be invested in this category with a maximum of 5% per issuer.

9. Money Market Funds (“MMF”). Purchases are restricted to Government Money Market Funds. Furthermore, these Money Market Funds must have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs, or (B) Retained an investment advisor with not less than five years’ experience and registered or exempt from registration with the SEC, with assets under management in excess of five hundred million dollars ($500,000,000). A maximum of 20% of the City’s portfolio may be invested in this category.

10. Supranational Obligations. United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States.

Investments under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by a NRSRO. A maximum of 10% the City’s portfolio may be invested in this category with a maximum of 5% per issuer. State law limits the percentage to 30% of the portfolio.

11. Bankers Acceptances. Bankers’ acceptances are short-term debt instruments issued by a company that is guaranteed by a commercial bank.

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Exhibit A
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Bankers Acceptances are limited to institutions with short-term debt obligations of A-1 or higher and have long term debt obligations rated “A” or higher, or the equivalent by a NRSRO. The maturity shall not exceed 180 days and no more than 30 percent of the total portfolio may be invested in banker’s acceptances and no more than 5% per issuer.

City of San Bernardino Authorized Investment Policy Table Investment Type Maximum Term Maximum % of
Portfolio
Maximum per
Issuer
Minimum
Rating
US Treasury
Obligations 5 Years NONE NONE NONE
Local Agency
Investment Fund
(LAIF)
N/A
The City may invest
up to the maximum
amount permitted by
California state law.

N/A NONE
Joint Powers/Local
Government
Investment Pool

N/A NONE N/A NONE
Municipal Debt 5 Years 30% A1, A
Federal Agency
Obligations 5 Years NONE NONE NONE
Certificate of
Deposits
5 Years 30% NONE
Securities in this
category shall be
limited to the
maximum amount
covered by federal
deposit insurance.

Commercial Paper 270 Days 25% 5% A1/P1, A
Medium
Term/Corporate
Notes
5 Years 30% 5% A
Money Market
Mutual Funds N/A 20% NONE AAA
Supranational
Obligations (IBRD,

IFC, IDB)
5 Years 10% 5% M
Banker’s
Acceptances 180 Days 30% 5% A1, A
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Exhibit A
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(L) Prohibited Investments
Furthermore, the City will not invest in inverse floaters, range notes, mortgagederived, interest-only strips, or any security that could result in zero interest accrual if held to maturity. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will 100% of market value for Certificate of Deposits and 102% for reverse purchase agreements or principal and accrued interest. Collateral will always be held by an independent third party with whom the entity has a current custodial relationship (M) Performance Standards
The investment portfolio shall be managed with the objective of obtaining a market-average rate of return during budgetary and economic cycles, considering the City’s investment risk constraints and the cash flow needs.

Investment return is a consideration only after the core investment portfolio tenets of safety and liquidity have been met. The Director of Finance will adopt a benchmark which best approximates the composition and weighted average maturity of the City’s portfolio. The City will monitor the City’s portfolio yield against the US Treasury Constant Maturity and the performance yield presented by LAIF. However, the benchmark will be used only as a reference tool and does not infer that the portfolio will be managed in an attempt to attain or exceed the stated benchmark. Benchmarks may change over time based on changes in market conditions or cash flow requirements. The selected performance benchmarks shall be representative of the City’s overall investment objectives and liquidity requirements.
(N) Investment Reporting
The Director of Finance shall submit to the City Council, on a monthly basis, a report summarizing the individual transactions executed within the month. The Director of Finance shall submit to the City Council on a quarterly basis a report summarizing the status of the current investment portfolio and the individual transactions executed over the last quarter. The report shall be prepared in a manner which shall allow the City Council to ascertain whether investment activities during the reporting period have conformed to the Investment Policy.

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Exhibit A
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The report will include the following elements:
• Type of investment
• Institution/Issuer
• Purchase Date
• Date of maturity
• Amount of deposit or cost of the investment
• Face value of the investment
• Current market value of securities and source of valuation • Rate of interest
• Interest earnings
• Statement relating the report to its compliance with the Statement of Investment Policy or the manner in which the portfolio is not in compliance • Statement on availability of funds to meet the next six month’s obligations • Percentage of Portfolio by Investment Type
• Days to Maturity for all Investments
• Comparative report on Monthly Investment Balances & Interest Yields • Monthly transactions
(O) Portfolio Review
The Director of Finance shall continually monitor portfolio performance to ensure that the securities in the portfolio are in compliance with this Policy. The Director of Finance shall report any issues of material non-compliance in the next monthly Investment Report. Percentage holding limits and diversification requirements listed in this Policy apply at the time a security is purchased. If a percentage holding limit or diversification requirement is exceeded due to a subsequent change in the portfolio, it is not a compliance violation, but no additional securities may be purchased in that category or for that issuer until the holdings are back under the Policy limits. Credit ratings, where shown, specify the minimum credit rating category required at purchase. In the event a security held by the City is subject to a credit rating change that brings it below the minimum credit ratings specified in this Policy, the Director of Finance will notify the City Council of the change in the next monthly Investment Report. The course of action to be followed will then be decided on a case-by-case basis, considering such factors as the reason for the change, prognosis for recovery or further rating downgrades, and the market price of the security. If a security is determined to be out of compliance with this Policy due to a subsequent change in this Policy or the Government Code, it may be held to maturity unless there is a requirement that the security be sold.

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Exhibit A
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(P) Debt Proceeds
Debt proceeds and bond reserve funds are to be invested in accordance with their respective bond indenture. If the indenture is silent as to the permitted investments, the bond proceeds will be invested in the securities permitted by this Policy. Notwithstanding the other provisions of this Policy, the percentage limitations listed elsewhere in this Policy do not apply to bond proceeds and bond proceeds may be invested beyond five years if the maturities of such investments do not exceed the expected use of the funds, the investments are deemed prudent in the opinion of the Director of Finance, and the investments are not prohibited by the applicable bond documents. Tax and Revenue Anticipation Notes or other temporary financing proceeds shall not be invested for a term that exceeds the term of the debt.
(Q) Safekeeping
To protect against potential losses by collapse of individual securities dealers, all deliverable securities owned by the City, including collateral on repurchase agreements, shall be held in safekeeping by a third party bank trust department acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All deliverable securities will be received and delivered using standard delivery-versus-payment procedures.
(R) Qualified Financial Institutions and Broker/Dealers The Director of Finance shall maintain a list of approved financial institutions authorized to provide investment related services to the City. In addition, the City shall maintain a list of approved security broker/dealers selected by conducting a process of due diligence. These may include ‘primary’ dealers or regional dealers that qualify under Securities and Exchange Commission (“SEC”) Rule 15C3-1 (uniform net capital rule). A copy of this Investment Policy shall be sent annually to all firms with which the City executes investments.

Additionally, all financial institutions and broker/dealers who desire to become qualified bidders of investment transactions must provide the Director of Finance with the following:
• Audited Financial Statements
• Proof of State Registration
• Copy of most recently filed Financial Industry Regulated Authority (FINRA) documentation
• Certification of having read the Investment Policy and depository contracts of the City of San Bernardino
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Exhibit A
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The Director of Finance will review the existing list of either qualified broker/dealers or qualified bidders for investment transactions on an annual basis. At the discretion of the Director of Finance, and with the due diligence noted above, add or delete either broker/dealers or qualified bidders. (S) Continuing Education and Training
To ensure the highest level of professional standards for the execution of the investment program, investment staff responsible for the day-to-day management of the portfolio are encouraged to engage in continuing education in the areas of cash and investment management.

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Exhibit A
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GLOSSARY
AGENCIES: Federal agency securities.

BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company.

The accepting institution guarantees payment of the bill, as well as the issuer. The drafts are drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. An acceptance is a high grade negotiable instrument.

BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments.

BROKER: A broker brings buyers and sellers together for a commission. He/she does not take a position.

CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate.

Large-denomination CD’s are typically negotiable.

COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

COMMERCIAL PAPER: Short term unsecured promissory note issued by a corporation (including limited liability companies) to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank of America, etc.

COUPON: a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. b) A certificate attached to a bond evidencing interest due on a payment date.

DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions; buying and selling for his/her own account.

DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an Packet Pg. 151
Exhibit A
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exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.

DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns.

FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions (e.g. S&L’s, Small business firms, students, farmers, farm cooperatives, and exporters).

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency that insures bank deposits, currently up to $250,000 per deposit.

LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and a reasonable size can be done at those quotes.

LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.

MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.

MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.

MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded.

NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION
(“NRSRO”): Firms that review and assess the creditworthiness of an obligor as an entity or with respect to specific securities or money market instruments and express their opinion in the form of a letter rating. A credit rating agency may apply to the SEC for registration as a nationally recognized statistical rating organization (“NRSRO”). The primary rating agencies are Standard & Poor’s Corporation, Moody’s Investor Services, Inc. and Fitch, Inc.

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Exhibit A
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NEGOTIABLE CERTIFICATES OF DEPOSIT: Generally, short-term debt instrument that usually pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. Negotiable CDs are traded in a·secondary market and are payable upon order to the bearer or initial depositor (investor). Negotiable CDs are insured by FDIC up to $250,000, but they are not collateralized beyond that amount.

NON-NEGOTIABLE CERTIFICATES OF DEPOSIT: CDs that carry a penalty if redeemed prior to maturity. Non-negotiable CDs issued by banks and savings and loans are insured by the Federal Deposit Insurance Corporation up to the amount of $250,000, including principal and interest.

Amounts deposited above this amount may be secured with other forms of collateral through an agreement between the investor and the issuer. Collateral may include other securities including Treasuries or agency securities such as those issued by the Federal National Mortgage Association.

PORTFOLIO: Collection of securities held by an investor.

PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker/dealers, banks and a few unregulated firms.

PRUDENT PERSON RULE: An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state—the so-called “legal list”. In other states, the trustee may invest in a security if it is one that would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital.

RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity; on a bond, the current income return.

SAFEKEEPING: The service provided by banks and trust companies for clients when the bank or trust company stores the securities, takes in coupon payments, and redeems issues at maturity.

SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SEC RULE 150-1: See “Uniform Net Capital Rule”.

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Exhibit A
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SUPRANATIONAL SECURITIES: United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), or InterAmerican Development Bank (IDB), with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated “AA” or better by an NRSRO and shall not exceed 10 percent of the agency’s moneys that may be invested pursuant to this section.

TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.

TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10 years.

TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial maturities of from one year to ten years.

UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.

Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.

YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 2, 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: Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation:

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

Executive Summary:

This action approves the commercial and payroll disbursements for the month of July 2023.

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

The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
Discussion
Gross Payroll
Bi-Weekly for July 6, 2023 $2,893,846.03
Monthly for July 15, 2023 $26,950.00
Total Payroll Demands: $2,920,796.03
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2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions.

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

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for July 2023.

Attachments
Attachment 1 Payroll Summary Report for July 2023
Attachment 2 Commercial checks & Payroll Register #62
Attachment 3 Commercial checks & Payroll Register #1
Attachment 4 Commercial checks & Payroll Register #2
Attachment 5 Commercial EFT Registers #1468-1490
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
The following check registers are being presented for approval:

June 29, 2023 2022/23 (Register #62) $1,206,126.69
July 6, 2023 2023/24 (Register #1) $557,222.05
July 13, 2023 2023/24 (Register #2) $7,838,730.36
Total commercial check demands: $9,602,079.10
The following Electronic Funds Transfer (EFT) registers presented for approval:

May 1 to May 31, 2023 2022/23 (Register #1468-1490) $4,223,129.43 Total commercial EFT demands: $4,223,129.43
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 2, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks, Recreation & Community Services
Subject: Accept Inland SoCal Creative Corps Grant Award in the amount of $100,000 from the California Arts
Council (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-119 to:

1. Authorize the City Manager to accept the grant award in the amount of $100,000;

2. Authorize the City Manager or his designee to conduct all negotiations, signings, and submittals of necessary documents to receive grant awards; and

3. Authorize the Agency Director of Administrative Services to amend the budget to appropriate the grant funds for Fiscal Year 2023/24.

Executive Summary
City staff received a Notice of Grant Award letter from the Inland Empire Community Foundation in the amount of $100,000 for the Inland SoCal Creative Corps program.

Grant funds will allow the Department to infuse Arts into the underserved communities of San Bernardino, with imagery depicting the cultural, social, and economic achievements of our community and to educate and celebrate the rich history and culture of the City of San Bernardino. This is a one-year grant term ending in July 2024, with a final report submitted to the Administering Agency by July 30, 2024.

Background
The 2021 State Budget included a $60 million one-time General Fund allocation for the California Arts Council (CAC) to implement the California Creative Corps (CCC) pilot program, a media, outreach, and engagement campaign designed to increase:

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(1) public health awareness messages to stop the spread of COVID-19; (2) public awareness related to water and energy conservation, climate mitigation, and emergency preparedness, relief, and recovery; (3) civic engagement, including election participation; and (4) social justice and community engagement.

The CAC sought applications from Administering Organizations with the capacity to administer regranting funds to arts and social service organizations and to individual artists and cultural workers throughout the state to develop media, outreach, and engagement campaigns that speak to the CCC program goals. The Administering Organization for the Inland Empire Region is the Inland Empire Community Foundation (IECF). City staff submitted a grant proposal to the IECF on May 1, 2023.

Discussion
On July 14, 2023, City staff received a Notice of Grant Award letter from IECF in the amount of $100,000 for the Inland SoCal Creative Corps program. The grant funds will be divided in three ways:

1. $40,000 will be used to identify and secure individual artists and culture bearers to complete public art murals at community centers and parks. Local Artists and culture bearers will have the opportunity to apply and provide sample artwork to be reviewed by the Parks, Recreation and Community Services Staff and Arts and Historical Preservation Commission for consideration for the public art murals.

The mural subject matter must be one of the following: (1) public health awareness messages to stop the spread of COVID-19; (2) public awareness related to water and energy conservation, climate mitigation, and emergency preparedness, relief, and recovery; (3) civic engagement, including election participation; and (4) social justice and community engagement.

2. $40,000 will be used to identify and secure individual artists, culture bearers and community-based organizations to provide cultural demonstrations and artist workshops at the Annual Festival event, promoting cultural diversity, education, and community engagement.

3. $20,000 will be used for administrative costs associated with the implementation of the Public Art Murals and Festival art and cultural demonstrations. This figure was determined using the grant guidelines of 20% of the grant award to be used for administrative costs. These costs include the purchase of mural and art supplies, and necessary equipment rental (ex. Aerial lift for mural projects).

Ultimately, the grant funds will allow the Department to infuse Arts into the underserved communities of San Bernardino, with imagery depicting the cultural, social, and economic achievements of our community and to educate and celebrate the rich history and culture of the City of San Bernardino. The CAC used the Healthy Places Index (HPI) to determine the areas with the most need, San Bernardino City zip codes all fall within the first quartile of the HPI, indicating the dire need for quality programming and access to the arts. This is a one-year Packet Pg. 208
grant term ending in July 2024, with a final report submitted to the Administering Agency by July 30, 2024. Twenty-five percent of grant funds will be paid upon receipt of the Grant Agreement and ACH payment form; the remaining balance is paid after the artists to be hired are identified and their biographies are provided to the IECF. Department Staff will present proposals and a call for artists for the Murals to the Arts and Historical Preservation Commission prior to bringing forward final recommendations to the Mayor and City Council. 2021-2025 Strategic Targets and Goals
Adoption of Resolution No. 2023-119 aligns with Strategic Target No. 3: Improved Quality of Life allowing the San Bernardino community to access and experience the arts and cultural demonstrations.

Fiscal Impact
There is no fiscal impact to the General Fund with this item as there is no grant-match requirement.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt resolution No. 2023-119 to:

1. Authorize the City Manager to Accept the grant award in the amount of $100,000;

2. Authorize the City Manager or his designee to conduct all negotiations, signings, and submittals of necessary documents to receive grant awards; and

3. Authorize the Agency Director of Administrative Services to amend the budget to appropriate the grant funds for Fiscal Year 2023/24.

Attachments
Attachment 1 –Resolution, 2023-119 Inland SoCal Creative Corps Grant Acceptance
Attachment 2 –Grant Agreement Inland SoCal Creative Corps Attachment 3 –Inland SoCal Creative Corps Project Budget and Narrative Attachment 4 -ACH Payment Form
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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Resolution No. 2023-119
Resolution 2023-119
August 2, 2023

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RESOLUTION NO. 2023-119

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT THE

INLAND SOCAL CREATIVE CORPS GRANT AWARD IN
THE AMOUNT OF $100,000; AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO CONDUCT ALL

NEGOTIATIONS, SIGNINGS, AND SUBMITTALS OF

NECESSARY DOCUMENTS TO RECEIVE GRANT
AWARDS; AND AUTHORIZING THE AGENCY

DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND

THE BUDGET TO APPROPRIATE THE GRANT FUNDS
FOR FY24.

WHEREAS, the California Arts Council, through the Inland Empire Community Foundation, announced the Inland SoCal Creative Corps Grant available to individual artists and agencies; and
WHEREAS, Parks, Recreation and Community Services Staff submitted an application for grant funding for Public Art Murals and Cultural and Artist demonstrations; and WHEREAS, City staff received a Notice of Grant Award letter on July 14th for $100,000.

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

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

SECTION 2. Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or to accept the Grant Award in the amount of $100,000.

SECTION 3. Mayor and City Council of the City of San Bernardino, California, authorize the City Manager or his designee to conduct all negotiations, signings, and submittals of necessary documents to receive the Grant Award.

SECTION 4. Mayor and City Council of the City of San Bernardino, California, authorize the Agency Director of Administrative Services to amend the budget to appropriate the grant funds for FY24.

SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that Packet Pg. 210
Resolution No. 2023-119
Resolution 2023-119
August 2, 2023

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of August 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. 2023-119
Resolution 2023-119
August 2, 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. 2023-119, adopted at a regular meeting held on the 2nd day of August 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk
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CONSENT CALDENDAR
City of San Bernardino
Request for Council Action
Date: August 2, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Daniel Hernandez, Agency Director of Public Works,
Operations, and Maintenance
Department: Public Works
Subject: Amendment No. 2 Agreement with RHA Landscape
Architects – Planners, Inc. for Nicholson Park Design
(Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, authorize the Interim City Manager to execute Amendment No. 2 to the Professional Design Services Agreement with RHA Landscape Architects – Planners, Inc., adding extra design services in the amount of $47,300 and increasing the purchase order to a total amount not-to-exceed $459,845 for the final design of Nicholson Park.

Executive Summary:

Staff is requesting the Council authorize the Interim City Manager to execute Amendment No. 2 to the Professional Design Services Agreement with RHA Landscape Architects – Planners Inc., to complete additional design services for the rehabilitation of Nicholson Park. The additional design services are required to bring the total project cost within the approved budget amount. The additional design services would increase the purchase order by $47,300 to a total not-to-exceed amount of $459,845.

Background
Nicholson Neighborhood Park, located at 2737 West 2nd Street, is a City-owned

9.52-acre park facility that includes recreational amenities and a community center building. The recreational area of the park currently consists of two baseball diamonds with a concession/score keeper area (restroom included), a community garden, outdoor basketball court, picnic shelter, 10 picnic tables, two barbeque grills, a playground area, restrooms, and parking lot. While the park area continues Packet Pg. 219
to see some general community use, the community center building has been closed for programming for several years due to financial challenges.

Over the past several years, Nicholson Neighborhood Park has become a target for vandalism due to the lack of programmed activity at the site. Many of the supporting outbuildings, irrigation, and lighting systems have been damaged beyond repair.

During preparation of the FY 2020/21 Capital Improvement Plan (CIP), staff recommended rehabilitation of the park to return the property to a safe and attractive condition. Restoration of the park and its amenities will assist in drawing positive activities back to the area and restore recreational opportunities for the surrounding neighborhood.

On June 24, 2020, the Mayor and City Council approved Resolution No. 2020-128 adopting the City’s Annual Operating Budget for Fiscal Year 2020/21. The budget included CIP Project PR21-006 for Nicholson Neighborhood Park Improvements (“Project”). Funding to support the Project has been established in the amount of $1,000,000 in Community Development Block Grant (CDBG) funding and $150,000 in Meadowbrook Insurance Claim funds, for a total Project budget of $1,150,000.

On March 3, 2021, the Mayor and City Council adopted Resolution No. 2021-37 approving award of a Design Services Agreement with RHA Landscape ArchitectsPlanners, Inc. for the Nicholson Park Improvements in the amount of $215,295.

On February 2, 2022, the Mayor and City Council adopted Resolution No. 2022-26 allocating $8,850,000 in ARPA (American Rescue Plan Act) funds to complete the project.

On August 3, 2022, the Mayor and City Council approved Amendment No. 1 to the Professional Design Services Agreement with RHA Landscape Architects - Planners, Inc. adding extra design services in the amount of $197,250 and increasing the purchase order to a total amount not-to-exceed $412,545 for the preliminary design of Nicholson Park.

Discussion
The City of San Bernardino entered into an agreement with RHA Landscape Architects - Planners, Inc. on March 3, 2021, to provide services for the design of Nicholson Neighborhood Park. Those services are architecture, civil engineering, landscape architecture, and cost estimating.

RHA Landscape Architects - Planners, Inc. conducted a community meeting with citizens on August 26, 2021. Community members provided comments on how the park will look and discussed their preference of amenities such as the walking trail, fencing, additional parking lot on Meridian Street, and the creation of a pickle ball court. This requires additional design services above and beyond the original contract services. Additionally, the Parks and Recreation Department requested a structural engineer to evaluate the current Community Center and prepare plans Packet Pg. 220
and specifications for improvements to be constructed when funding became available.

The designs were later reviewed by City Staff after the community comments were incorporated. City staff requested revised designs to bring the total project cost within the approved budget amount. Approval of the additional work will not incur a significant change to the current project timeline. The design changes include:
• Fencing revisions
• Walkways revisions
• Removal of the parking lot along Meridian Ave
• Moving the pickleball courts
• Moving the EV stations
• Storm drain modifications
• Hydrology study
• Water Quality Management Plan
Funding for additional design services was previously established through Capital Improvement Program FY 2020/21 funds for the project. The available funding is approximately $724,065 from the CDBG Fund and $36,203 from the Liability Insurance.
2021-2025 Strategic Targets and Goals
Authorization of this agreement aligns with Key Target No. 4: Economic Growth & Development. The additional amenities to Nicholson Neighborhood Park will improve community participation for new recreational activities and provide a safe and well-maintained community park.

Fiscal Impact
There is no General Fund impact associated with this action.

Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, authorize the Interim City Manager to execute Amendment No. 2 to the Professional Design Services Agreement with RHA Landscape Architects – Planners, Inc., adding extra design services in the amount of $47,300 and increasing the purchase order to a total amount not-to-exceed $459,845 for the final design of Nicholson Park.

Attachments
Attachment 1 Amendment No. 2 to Agreement with RHA Landscape Architects - Planners Inc.

Attachment 2 Amendment No. 1 to Agreement with RHA Landscape Architects – Planners Inc.

Attachment 3 Agreement with RHA Landscape Architects - Planners Inc.

Attachment 4 Project Location Map
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Ward:

Sixth Ward
Synopsis of Previous Council Actions:

April 15, 2020 Mayor and City Council approved the City's FY 2020/21 CDBG Action Plan.

June 24, 2020 Mayor and City Council adopted Resolution No. 2020-128 approving Capital Improvement Program FY 2020/21.

March 3, 2021 Resolution No. 2021-37 adopted agreement with RHA Landscape Architects - Planners, Inc. to provide the design services for Nicholson Neighborhood Park.

February 2, 2022 Mayor and City Council adopted Resolution No. 2022-26 assigning American Rescue Plan (ARP) funds in the amount of $8,850,000 to the Nicholson Park Project in lieu of future grant funding.

August 3, 2022 Amendment No. 1 to agreement with RHA Landscape Architects - Planners, Inc. to provide additional design services for Nicholson Neighborhood Park.

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AMENDMENT NO. 2 TO

DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.

This Amendment No. 2 to the Design Services Agreement is made and entered into as of August 2, 2023 ("Effective Date"), by and between the City of San Bernardino, a charter city and municipal corporation ("City") and RHA Landscape Architects-Planners, Inc., a California corporation ("Designer"). City and Designer are sometimes referred to herein individually as a "Party" and collectively as "Parties."

RECITALS
A. WHEREAS, the City and the Designer have entered into an agreement, dated, March 3, 2021, for the professional design of the Nicholson Neighborhood Park Project (the "Original Agreement").

B. WHEREAS, the City and Designer entered into Amendment No. 1 to the Original Agreement, dated August 3, 2022, which extended the term of the Original Agreement, added additional services, and increased the not-to-exceed amount to provide compensation for those additional services.

C. WHEREAS, the Parties now desire to amend the Original Agreement in order to include additional services, extend the term of the Original Agreement, and to provide compensation for the additional services.

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

AGREEMENT

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

2. Services. The Services, as that term is defined in the Original Agreement, are hereby amended to include additional services related to the Nicholson Neighborhood Park Improvements Project. The additional services are more fully described in Exhibit "A-2", attached hereto to this Amendment No. 2 and incorporated herein by this reference.

3. Amendment to Section 3.1.2 of the Original Agreement. Section 3.1.2 of the Original Agreement shall be amended to read as follows:
"3.1.2 Term. The term of this Agreement shall be from March 03, 2021 to December 30, 2023, unless earlier terminated as provided herein. Designer shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines."

4. Compensation. The total not to exceed compensation amount shall be increased by Forty-Seven Thousand Three Hundred Dollars and Zero Cents ($47,300.00) increasing the total not to exceed compensation amount from to Four Hundred Twelve Thousand Five Hundred Forty-Five Dollars and Zero Cents ($412,545.00) to Four Hundred Fifty-Nine Thousand Eight Hundred Forty-Five Dollars Packet Pg. 223
and Zero Cents ($459,845.00).

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

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

7. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO
AMENDMENT NO. 2 TO

DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.

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

CITY OF SAN BERNARDINO DESIGNER
APPROVED BY: RHA LANDSCAPE ARCHITECTSPLANNERS, INC.

Charles McNeely,
Interim City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger LLP
City Attorney
Title
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EXHIBIT A-2

SCOPE OF ADDITIONAL SERVICES
[ATTACHED]
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1) At the direction of the City of San Bernardino the Landscape, that were at 100% complete are being revised. City directed cost cutting measures which included the removal of the parking lot along Meridian Ave., the Pickleball courts, EV parking stalls had to be moved, fencing and walkways revised, and the irrigation redesigned.
2) Civil Engineering drawings that were at 100% complete are required to be revised. Revisions include grading for removal of the parking lot along Meridian Ave., the pickleball courts, fencing and walkways revisions. Additional work included modifications to the storm drains, hydrology study, and WQMP report.
3) Electrical Engineering drawings that were at 100% complete are required to be revised. Revisions include lighting and electrical for removal of the parking lot along Meridian Ave., moving of the EV stalls, removal of the pickleball court lighting and walkway lighting revisions. 1)
2)
RHA Landscape Architectural Fees
DBA Engineering Fees
$ 8,500
$29,000
3) JCA Electrical engineering Fees $ 9,800
Total Additional Fees $47,300

A U T H O R I Z A T I O N F O R A D D I T I O N A L W O R K TO: Okan Demirci, PE QSD/P
City of San Bernardino
Public Works Department
201 North E Street 2nd Floor
San Bernardino, CA 92401
Date:

Project:

RHA Project No.

Authorization No.

6.13.2023
Nicholson Neighborhood
Park Improvements
21112
Project 8754
Dear Okan,
RHA Landscape Architects-Planners, Inc. has developed the following scope of services and fee schedule for landscape architectural services required on the Nicholson Park project. These services are being provided to you in addition to the original contract at your request.

Scope of Services
Fee
6 8 0 0 I N D I A N A A V E N U E , S U I T E 2 4 5 , R I V E R S I D E , C A L I F O R N I A 9 2 5 0 6 ( 9 5 1 ) 7 8 1 - 1 9 3 0 L I C E N S E # 2 7 9 9 F A X ( 9 5 1 ) 6 8 6 - 8 0 9 1 Packet Pg. 227
Nicholson Park Project June 13, 2023
Okan Demirci Page 2 of 2
This additional work authorization is an addendum to the existing contract. The terms and conditions of the original contract are applicable to this addendum. Subsequent to your review of the above referenced scope of services, please sign and return this form to RHA Landscape Architects-Planners, Inc. A PDF version via email is sufficient.

Cordially, Authorized by:

RHA Landscape Architects-Planners, Inc. City of San Bernardino Greg Meek By:

Date:

RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.

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Nicholson Park
300 ft
N
➤
Image © 2023 Airbus
Image © 2023 Airbus
Image © 2023 Airbus
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 2, 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: Establish a “No Parking Anytime” Parking Restrictions on the Northside of Marshall Boulevard between Valencia
Avenue and Pepper Tree Lane and on the Westside of
Pepper Tree Lane between Marshall Boulevard and
Lynwood Drive (Ward 7)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-120, amending Resolution No. 3985 entitled, in part, “A Resolution Prohibiting Parking Upon Certain Designated Streets, Alleys, or Portion Thereof….” to establish a No Parking Anytime Zone on the Northside of Marshall Boulevard between Valencia Avenue and Pepper Tree Lane and the Westside of Pepper Tree Lane between Marshall Boulevard and Lynwood Drive.

Executive Summary
The Public Safety and Human Relations Commission (PSHRC) has recommended the implementation of parking restrictions on the frontages of the Arrowhead Country Club golf course in response to residents' concerns. Installing "No Parking Anytime" restrictions effectively manages traffic, addresses parking-related issues, and enhances the residents' overall quality of life. By implementing these restrictions, unauthorized parking will be deterred, leading to improved traffic flow and increased pedestrian safety. The estimated cost to install the parking restriction signs is $1,500.

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Background
In response to the concerns raised during the PSHRC meeting, the staff has thoroughly examined the issues along the frontages of the Arrowhead Country Club golf course. Following our internal analysis, we fully concur with the recommendations put forth by the PSHRC.

During the meeting held on April 10, 2023, numerous residents expressed their concerns about the illicit activities occurring on the golf course frontage, seeking a viable solution to address these problems. Taking these concerns into account, the commission recommended that a staff report and a Resolution be presented for approval at the subsequent meeting on May 8, 2023.

To address the situation effectively and in alignment with the PSHRC's suggestions, we are bringing this recommendation to the City Council. Our goal is to collaboratively find a resolution that will mitigate the issues faced by the residents and ensure a safer and more enjoyable environment along the golf course frontage.

Discussion
The City Circulation Plan designates Marshall Boulevard, spanning from Valencia Avenue to Pepper Tree Lane, and Pepper Tree Lane, spanning from Marshall Boulevard to 30th Street, as local streets with prima-facie speed limits of 25 MPH.

These streets are primarily residential and have single-family homes situated across from the golf course. To address the concerns raised during the commission hearing, the staff is proposing the installation of "No Parking Anytime" signs along the frontage of the golf course. The installation of the parking restrictions will deter unauthorized vehicles from parking in this residential neighborhood and discourage illicit activities taking place along the golf course frontages. Once installed, the parking restriction will be enforced by the San Bernadino Police Department in order to maintain the overall safety of the residents along Marshall Boulevard and Peppertree Lane.

The City must designate roadways as Through Highways in order to implement traffic control measures. Staff presented the proposed parking restrictions to the City’s PSHRC at its May 8, 2023, meeting. The Commission has recommended the establishment of the “No Parking Anytime” zone on the Northside of Marshall Boulevard between Valencia Avenue and Pepper Tree Lane and the Westside of Pepper Tree Lane between Marshall Boulevard and Lynwood Drive. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 3c: Improved Quality of Life - Evaluate and enhance the quality of public safety services. Approval of this item will reduce crime and enhance the safety of the public and residents in the neighborhood.

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Fiscal Impact
There is no cost to the General Fund and the cost of the fabrication, and the installation of the sign will be funded through the Gas Tax fund. The cost associated with the proposed action is available in the adopted FY 2023/24 Budget in Traffic Signs and Markings program account (126-400-0152-5111).

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-120, amending Resolution No. 3985 entitled, in part, “A Resolution Prohibiting Parking Upon Certain Designated Streets, Alleys, or Portion Thereof….” to establish a No Parking Anytime Zone on the Northside of Marshall Boulevard between Valencia Avenue and Pepper Tree Lane and the Westside of Pepper Tree Lane between Marshall Boulevard and Lynwood Drive.

Attachments
Attachment 1 Resolution No. 2023-120
Attachment 2 Location Map
Ward:

Seventh Ward
Synopsis of Previous Council Actions:

None.

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Resolution No. 2023-120
Resolution 2023-120
August 2, 2023

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RESOLUTION NO. 2023-120

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART,
“A RESOLUTION OF PROHIBITING PARKING UPON

CERTAIN DESIGNATED STREETS, ALLEYS, OR
PORTIONS THEREOF…” TO ESTABLISH A “NO
PARKING ANYTIME” ZONE ON THE NORTHSIDE OF

MARSHALL BOULEVARD BETWEEN VALENCIA

AVENUE AND PEPPER TREE LANE, AND ON THE

WESTSIDE OF PEPPER TREE LANE BETWEEN

MARSHALL BOULEVARD AND LYNWOOD DRIVE
WHEREAS, the Traffic Engineering Division of the Public Works Department has received and evaluated the request to install traffic control on the northside of Marshall Boulevard between Valencia Avenue and Pepper Tree Lane and on the westside of Pepper Tree Lane between Marshall Boulevard and Lynwood Drive; and
WHEREAS the City now desires to install traffic control through the posting of “No Parking Anytime” with tow away restriction signs located on the northside of Marshall Boulevard between Valencia Avenue and Pepper Tree Lane and on the westside of Pepper Tree Lane between Marshall Boulevard and Lynwood Drive; and
WHEREAS any determinations made by the City Engineer to implement parking restrictions for areas greater than 50 feet in length, require approval from the Mayor and City Council; and
WHEREAS these roadways have been previously designated as Through Highways in accordance with the Vehicle Code of the State of California to meet eligibility for installation of traffic control measures; and
WHEREAS installation of traffic control in the form of “No Parking Anytime” on these roadway segments will enhance traffic safety at these locations.

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

SECTION 1. For the purpose of establishing a No Parking Anytime, Tow Away Zone pursuant to San Bernardino Municipal Code Section 10-16.020 on the northside of Marshall Boulevard between Valencia Avenue and Pepper Tree Lane is applicable to the northside only; Resolution No. 3985, which prohibits parking upon certain designated streets or portions thereof, Packet Pg. 275
Resolution No. 2023-120
Resolution 2023-120
August 2, 2023

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Section one, Subsection (20.9) Marshall Boulevard is amended by adding Subsection “A”, to read as follows:
“(40) Marshall Boulevard
(A) Between Valencia Avenue and Pepper Tree Lane, applicable to the northside only”
SECTION 2. For the purpose of establishing a “No Parking Fire lane Zone”, pursuant to San Bernardino Municipal Code Section 10-16.020 on the westside of Pepper Tree Lane between Marshall Boulevard and Lynwood Drive is applicable to the westside only; Resolution No. 3985, which prohibits parking upon certain designated streets or portions thereof, Section one, subsection (26) Pepper Tree Lane is amended by adding Subsection “A” to read as follows:
“(26) Pepper Tree Lane
(A) Between Marshall Boulevard and Lynwood Drive, applicable to the westside only”
SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of August 2023.

Helen Tran, Mayor
City of San Bernardino
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Resolution No. 2023-120
Resolution 2023-120
August 2, 2023

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Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2023-120
Resolution 2023-120
August 2, 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. 2023-120, adopted at a regular meeting held on the 2nd day of August 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk
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ATTACHMENT 2 – LOCATION MAP
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It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of a Construction Contract Agreement with Matich Corporation Company in the amount of $763,593.55 to provide pavement rehabilitation at three (3) locations (“Project”); and

2. Authorize project construction, construction contingencies, and engineering and inspections costs in the total amount of $916,312.35 for the Project; and

3. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Executive Summary:

The City Council approved CDBG funding in the amount of $1,600,000 for the pavement rehabilitation project at the following three locations, Rialto Avenue from Mt.

Vernon Avenue to Bridge (Ward 3), 10th Street from “F” Street to “H” Street to Knuckle (Ward 1), and 49th Street from Sierra Way to End (Ward 4). The plans and specifications were prepared to include pavement rehabilitation and providing missing sidewalk and ADA access ramps.

Staff reviewed the bid package and confirmed that Matich Corporation of San Bernardino, California, is the lowest most responsible and responsive bidder, with a total bid amount of $763,593.55. The construction work is anticipated to begin in September 2023 and be completed by October 2023.

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Background
The Public Works Department is responsible for maintaining streets citywide. In March 2020, a Pavement Management Analysis was completed which used scientific methods to rate the condition of all public streets in the City. Street segments (intersection to intersection) were rated based on Remaining Service Life (“RSL”) in years with a rating of 20 representing the condition of a recently completed street.

Segments with RSL between 20 and 10 are usually maintained using crack sealing and slurry sealing. Segments with an RSL of 10 or less are generally in need of major maintenance usually consisting of mill and overlay. Segments with RSL less than 5 require complete removal and replacement.

Community Development Block Grants (CDBG) partners with cities and counties to improve the lives of their low- and moderate-income residents through the creation and expansion of community and economic development opportunities in support of livable communities. These street segments were chosen for that purpose and to help in-fill projects that are planned on these street segments.

In anticipation of this work, on June 1, 2022, the Mayor and City Council approved and adopted the City of San Bernardino’s Annual Operating Budgets and Capital Improvement Plan (CIP) for FY 2023 and FY 2024. The CIP established CDBG funding in the amount of $1,600,000 for the pavement rehabilitation project at the following three locations, as discussed above:
• Rialto Avenue from Mt. Vernon Avenue to Bridge (Ward 3) • 10th Street from “F” Street to “H” Street to Knuckle (Ward 1) • 49th Street from Sierra Way to End (Ward 4)
Plans and specifications were prepared with the proposed scope of work at the locations to include pavement rehabilitation and providing missing sidewalk and ADA access ramps.

Discussion
Project 13579 is to provide pavement rehabilitation and was advertised for public bidding on May 31, 2023, and June 5, 2023, in the San Bernardino County Sun Newspaper, and Planetbids website.

The following seven sealed bids were received and opened on June 22, 2023:

Bidder City Base Bid
Matich Corporation San Bernardino $763,593.55
Onyx Paving Company, Inc. Anaheim $765,000.00
Christensen Brothers Gen. Eng Apple Valley $786.216.80
Vance Corporation Beaumont $787,418.00
COPP Contracting, Inc Buena Park $796,407.00
All American Asphalt Corona $905,131.40
Hardy and Harper, Inc. Lake Forest $929,349.65
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Staff reviewed the bid package and confirmed that Matich Corporation of San Bernardino, California, is the lowest most responsible and responsive bidder, with a total bid amount of $763,593.55. If awarded by the Mayor and City Council, construction work is anticipated to begin in September 2023 and be completed by October 2023.

The overall cost of the improvement work is as follows:

Construction Bid Amount $763,593.55
Construction Contingency $ 76,359.40
Engineering and Inspections $ 76,359.40
Total Project Cost $916,312.35
Project budget for the proposed work was previously established through the adopted FY 2022/23 Capital Improvement Plan in the CDBG fund in the amount of $1,600,000. 2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No.1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this contract will result in public improvements being constructed that minimize risk and litigation exposure by rehabilitating street pavement, providing ADA access to the community, and provide improvements needed for the in-fill project throughout the City.

Fiscal Impact
There is no General Fund impact associated with this action.

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

1. Approve the award of a Construction Agreement with Matich Corporation in the amount of $763,593.55 to provide pavement rehabilitation at three (3) locations (“Project”); and

2. Authorize project construction, construction contingencies and engineering and inspections costs in the total amount of $916,312.35 for the Project; and

3. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Attachments
Attachment 1 Contract Agreement
Attachment 2 Bid Tabulation
Attachment 3 Matich Corporation Bid Forms
Attachment 4 Matich Corporation Bid Schedule
Attachment 5 Matich Corporation Exhibit F, All Items
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Attachment 6 Location Maps
Ward:

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

June 1, 2022 Mayor and City Council adopted Resolution No. 2022-102 approving and adopting the City of San Bernardino’s annual operating budgets and Capital Improvement Plan (CIP) for FY 2023 and FY 2024.

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Preliminary Eval. ITB F-23-52 Pavement Rehabilitation @ 3 Locations, Project No. 13579 Bid Closed 6/22/23 @ 2:00 P.M.

No. Item Description Unit Est. Qty
1 Mobilization LS 1
2 Traffic Control LS 1
3 Stormwater Pollution and Prevention Plan
and NPDES Compliance LS 1
4 Cold Mill 2" Uniform depth Existing AC - Full
Street Width on 10th St. & 49th St. per
project plans and specifications SF 109,000
5 Cold Mill 3" Uniform depth Existing AC - Full
Street Width on Rialto Ave. per project plans
and specifications SF 116,000
6 Construct 2" AC Overlay per Project Plans &
Specifications TON 1,400
7 Construct 3" AC Overlay per Project Plans &
Specifications on Rialto TON 2,200
8 Construct PCC Curb Access Ramp with 3' x 4'
Cast-in-Place Truncated Dome Surface, Min
5' Transition Panels, EA 2
8a
Construct PCC Curb Access Ramp over
existing culvert w/ 354 cast in place
trunketted dome service min. 5' transition
pannel curb & gutter and AC slot patch
includes rebuilding and/or replacing deck
drain lid. EA 2
9 Add Truncated Glue down, Federal Yellow
Domes to area 4x4 EA 4
10 Restore Thermoplastic Traffic Striping 4"
White Dashed Line per Caltrans Std. A20A
Detail 9, on Rialto Ave. LF 3,530
11 Thermoplastic Traffic Striping 2-way Left
Turn Lane, double yellow line per Caltrans
Std. A20B, Detail 32, on Rialto Ave. LF 2,565
12 Thermoplastic Traffic Striping Double Yellow
Centerline, per Caltrans Std. A20A Detail 22,
on Rialto Ave. LF 600
13 Thermoplastic Pavement Markings
Numberals (45) per Caltrans Std. Plan A24C EA 2
14 Thermoplastic Pavement Markings Words
per Caltrans Std. Plan A24D EA 9
15 Thermoplastic Pavement Markings Arrows
per Caltrans Std. Plan A24B Type III (L/R) EA 8
16 Thermoplastic Pavement Markings Symbols
per Caltrans Std. Plan A24B Railroad Crossing
Symbol EA 2
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17 Thermoplastic Traffic Striping 8" Solid White
Line (Left Turn Lane) per CA MUTCD page
704, on Rialto Ave. LF 360
18 Thermoplastic Traffic Striping 4" Solid White
Line (Left Turn Lane) per CA MUTCD Page
704, on Rialto Ave. LF 214
19 Thermoplastic Striping Stop Bar 12" wide
Solid White Line per Caltrans Std. A24G EA 8
20 Install Thermoplastic Basic White Crosswalk
Lines per Caltrnas STD Plan A24F LF 140
21 Glued Down RFM's Blue per SBMWD Std. W6-
3 EA 6
22 Furnish and Install Traffic Loop Detectors
Type D per Caltrans Std. Plan ES-1C complete
in place EA 3
23 Furnish and Install Traffic Loop Type E per
Caltrans Std. Plan ES-1 complete in place EA 3
24 Adjust Utility manhole cover to Grave EA 25
25 Adjust Existing Water Valve Can and Cover to
grade EA 17
26 Southern California Regional Rail Authority
(SCRRA) Railroad Coordination and
Permitting, Including Insurance and Fees, per
Requirements in Appendix D LS 1
Base Bid (Bid Items #1-26) Total
ADDITIVE ALTERNATE #1
A1
Construct 4" PCC sidewalk over subgrade
compacted to 95% relative compacation to
per City of San Bernardino Standard 202 SQ 250
A2
Construct PCC Curb and Gutter per city of
San Bernardino Standard Standard 200 type
B to match existing; mill all curb cut LF 200
A3
Construct 6" PCC Residential Driveway over
subgrade per City of San Bernardino
Standard 203; Mill all curb cuts EA 11
A4
Construct Local Depression per City Std. No.
407 EA 1
ADDITIVE ALTERNATE # TOTAL
BASE BID + ADDITIVE ALTERNATVE TOTAL
Copy or Original Bid Bond Received
"The basis for award of contract shall be the Contractor's Base bid Only." The ALTERNATE BID ITEMS will not be taken into account in determining the lowest repsonsible bidder.

Apparent Low Cost Provider (Base Bid)/Pending Further Analysis Company Name: Matrich Corporation 763,593.55
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Date/Time Opened 6/22/23 2:47 PM Date/Time Opened 6/22/23 2:59 PM Date/Time Opened All American Asphalt
Christensen Brothers General
Engineering Inc. Copp Contracting, Inc.

Corona, CA Apple Valley, CA Buena Park, CA
Unit Price Item Cost Unit Price Item Cost Unit Price
$ 102,000.00 $ 102,000.00 $ 19,300.00 $ 19,300.00 $ 75,000.00 $ 111,000.00 $ 111,000.00 $ 31,000.00 $ 31,000.00 $ 40,000.00 $ 9,600.00 $ 9,600.00 $ 3,300.00 $ 3,300.00 $ 3,500.00
$ 0.45 $ 49,050.00 $ 0.65 $ 70,850.00 $ 0.41
$ 0.51 $ 59,160.00 $ 0.74 $ 85,840.00 $ 0.55
$ 115.00 $ 161,000.00 $ 131.00 $ 183,400.00 $ 115.00
$ 115.00 $ 253,000.00 $ 125.00 $ 275,000.00 $ 115.00
$ 11,000.00 $ 22,000.00 $ 7,900.00 $ 15,800.00 $ 8,900.00 $ 17,000.00 $ 34,000.00 $ 10,000.00 $ 20,000.00 $ 19,000.00 $ 1,700.00 $ 6,800.00 $ 920.00 $ 3,680.00 $ 1,700.00
$ 0.60 $ 2,118.00 $ 1.17 $ 4,130.10 $ 1.75
$ 3.00 $ 7,695.00 $ 4.00 $ 10,260.00 $ 2.70
$ 2.30 $ 1,380.00 $ 2.90 $ 1,740.00 $ 1.40
$ 90.00 $ 180.00 $ 204.00 $ 408.00 $ 160.00
$ 212.00 $ 1,908.00 $ 320.00 $ 2,880.00 $ 320.00
$ 168.00 $ 1,344.00 $ 146.00 $ 1,168.00 $ 140.00
$ 720.00 $ 1,440.00 $ 580.00 $ 1,160.00 $ 160.00
Packet Pg. 290
$ 0.90 $ 324.00 $ 2.90 $ 1,044.00 $ 1.00
$ 0.60 $ 128.40 $ 1.75 $ 374.50 $ 1.00
$ 184.00 $ 1,472.00 $ 117.00 $ 936.00 $ 140.00
$ 5.00 $ 700.00 $ 7.00 $ 980.00 $ 8.00
$ 12.00 $ 72.00 $ 11.70 $ 70.20 $ 20.00
$ 730.00 $ 2,190.00 $ 770.00 $ 2,310.00 $ 700.00
$ 730.00 $ 2,190.00 $ 770.00 $ 2,310.00 $ 700.00
$ 1,400.00 $ 35,000.00 $ 810.00 $ 20,250.00 $ 1,040.00
$ 140.00 $ 2,380.00 $ 178.00 $ 3,026.00 $ 300.00
$ 37,000.00 $ 37,000.00 $ 25,000.00 $ 25,000.00 $ 36,000.00 $ 905,131.40 $ 786,216.80
$ 25.00 $ 6,250.00 $ 15.50 $ 3,875.00 $ 24.30
$ 114.00 $ 22,800.00 $ 72.00 $ 14,400.00 $ 111.00
$ 8,900.00 $ 97,900.00 $ 8,200.00 $ 90,200.00 $ 5,200.00 $ 6,000.00 $ 6,000.00 $ 4,800.00 $ 4,800.00 $ 3,200.00
$ 132,950.00 $ 113,275.00
$ 1,038,081.40 $ 899,491.80
Yes Yes
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6/22/23 3:03 PM Date/Time Opened 6/22/23 3:08 PM Date/Time Opened 6/22/23 3:13 PM Hardy & Harper Inc. Matrich Corporation
Lake Forest, CA San Bernardino, CA
Item Cost Unit Price Item Cost Unit Price Item Cost
$ 75,000.00 $ 21,200.00 $ 21,200.00 $ 133,000.00 $ 133,000.00 $ 40,000.00 $ 89,940.00 $ 89,940.00 $ 57,000.00 $ 57,000.00 $ 3,500.00 $ 4,240.00 $ 4,240.00 $ 4,400.00 $ 4,400.00
$ 44,690.00 $ 0.41 $ 44,690.00 $ 0.38 $ 41,420.00
$ 63,800.00 $ 0.49 $ 56,840.00 $ 0.42 $ 48,720.00
$ 161,000.00 $ 131.00 $ 183,400.00 $ 96.00 $ 134,400.00 $ 253,000.00 $ 108.00 $ 237,600.00 $ 100.00 $ 220,000.00 $ 17,800.00 $ 12,720.00 $ 25,440.00 $ 10,000.00 $ 20,000.00 $ 38,000.00 $ 20,670.00 $ 41,340.00 $ 11,500.00 $ 23,000.00 $ 6,800.00 $ 848.00 $ 3,392.00 $ 1,500.00 $ 6,000.00
$ 6,177.50 $ 0.55 $ 1,941.50 $ 0.50 $ 1,765.00
$ 6,925.50 $ 2.75 $ 7,053.75 $ 2.63 $ 6,745.95
$ 840.00 $ 2.12 $ 1,272.00 $ 2.00 $ 1,200.00
$ 320.00 $ 85.00 $ 170.00 $ 80.00 $ 160.00
$ 2,880.00 $ 210.00 $ 1,890.00 $ 190.00 $ 1,710.00
$ 1,120.00 $ 159.00 $ 1,272.00 $ 150.00 $ 1,200.00
$ 320.00 $ 684.00 $ 1,368.00 $ 650.00 $ 1,300.00
Copp Contracting, Inc.

Buena Park, CA
Packet Pg. 293
$ 360.00 $ 0.85 $ 306.00 $ 0.81 $ 291.60
$ 214.00 $ 0.60 $ 128.40 $ 0.50 $ 107.00
$ 1,120.00 $ 175.00 $ 1,400.00 $ 167.00 $ 1,336.00
$ 1,120.00 $ 4.00 $ 560.00 $ 3.80 $ 532.00
$ 120.00 $ 11.00 $ 66.00 $ 10.00 $ 60.00
$ 2,100.00 $ 810.00 $ 2,430.00 $ 740.00 $ 2,220.00
$ 2,100.00 $ 780.00 $ 2,340.00 $ 720.00 $ 2,160.00
$ 26,000.00 $ 1,275.00 $ 31,875.00 $ 1,000.00 $ 25,000.00 $ 5,100.00 $ 325.00 $ 5,525.00 $ 198.00 $ 3,366.00
$ 36,000.00 $ 46,640.00 $ 46,640.00 $ 26,500.00 $ 26,500.00 $ 796,407.00 $ 814,319.65 $ 763,593.55
$ 6,075.00 $ 26.00 $ 6,500.00 $ 30.00 $ 7,500.00
$ 22,200.00 $ 156.00 $ 31,200.00 $ 130.00 $ 26,000.00
$ 57,200.00 $ 5,330.00 $ 58,630.00 $ 5,000.00 $ 55,000.00 $ 3,200.00 $ 18,700.00 $ 18,700.00 $ 8,600.00 $ 8,600.00 $ 88,675.00 $ 115,030.00 $ 97,100.00
$ 885,082.00 $ 929,349.65 $ 860,693.55
Yes Yes Yes
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Date/Time Opened 6/22/23 3:16 PM Date/Time Opened 6/22/23 3:20 PM Onyx Paving Company, Inc. Vance Corporation
Anaheim, CA Beaumont, CA
Unit Price Item Cost Unit Price Item Cost
$ 37,879.70 $ 37,879.70 $ 125,000.00 $ 125,000.00
$ 96,000.00 $ 96,000.00 $ 44,400.00 $ 44,400.00
$ 7,000.00 $ 7,000.00 $ 12,000.00 $ 12,000.00
$ 0.33 $ 35,970.00 $ 0.42 $ 45,780.00
$ 0.48 $ 55,680.00 $ 0.30 $ 34,800.00
$ 111.00 $ 155,400.00 $ 108.90 $ 152,460.00
$ 111.00 $ 244,200.00 $ 97.00 $ 213,400.00
$ 11,000.00 $ 22,000.00 $ 20,300.00 $ 40,600.00
$ 15,000.00 $ 30,000.00 $ 20,300.00 $ 40,600.00
$ 2,000.00 $ 8,000.00 $ 1,200.00 $ 4,800.00
$ 0.55 $ 1,941.50 $ 0.60 $ 2,118.00
$ 2.72 $ 6,976.80 $ 2.80 $ 7,182.00
$ 3.00 $ 1,800.00 $ 2.10 $ 1,260.00
$ 125.00 $ 250.00 $ 84.00 $ 168.00
$ 222.00 $ 1,998.00 $ 200.00 $ 1,800.00
$ 172.00 $ 1,376.00 $ 160.00 $ 1,280.00
$ 700.00 $ 1,400.00 $ 680.00 $ 1,360.00
Packet Pg. 296
$ 1.00 $ 360.00 $ 0.85 $ 306.00
$ 1.00 $ 214.00 $ 0.60 $ 128.40
$ 172.00 $ 1,376.00 $ 175.00 $ 1,400.00
$ 5.00 $ 700.00 $ 4.00 $ 560.00
$ 13.00 $ 78.00 $ 11.00 $ 66.00
$ 1,000.00 $ 3,000.00 $ 740.00 $ 2,220.00
$ 1,000.00 $ 3,000.00 $ 680.00 $ 2,040.00
$ 1,000.00 $ 25,000.00 $ 1,050.00 $ 26,250.00
$ 200.00 $ 3,400.00 $ 320.00 $ 5,440.00
$ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00
$ 765,000.00 $ 787,418.40
$ 24.00 $ 6,000.00 $ 30.40 $ 7,600.00
$ 135.00 $ 27,000.00 $ 193.50 $ 38,700.00
$ 5,000.00 $ 55,000.00 $ 5,600.00 $ 61,600.00
$ 8,000.00 $ 8,000.00 $ 1,800.00 $ 1,800.00
$ 96,000.00 $ 109,700.00
$ 861,000.00 $ 897,118.40
Yes
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ϳ͘ ZĞƉŽƌƚŽĨĚĚŝƚŝŽŶĂůůĂƐƐŝĨŝĐĂƚŝŽŶĂŶĚZĂƚĞ
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ϵ͘ EŽŶͲ^ĞŐƌĞŐĂƚĞĚ&ĂĐŝůŝƚŝĞƐĞƌƚŝĨŝĐĂƚŝŽŶ
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ϭϭ͘ &ĞĚĞƌĂů>ŽďďǇŝƐƚĞƌƚŝĨŝĐĂƚŝŽŶ
ϭϮ͘ tŽƌŬĞƌ͛ƐŽŵƉĞŶƐĂƚŝŽŶĞƌƚŝĨŝĐĂƚŝŽŶ
ϭϯ͘ ĞĐůĂƌĂƚŝŽŶŽĨ/ŶƚĞŶƚǁŝƚŚ^ĞĐƚŝŽŶϯ
ϭϰ͘ EŽƚŝĐĞŽĨ^ĞĐƚŝŽŶϯŽŵŵŝƚŵĞŶƚ
ϭϱ͘ ^ĞĐƚŝŽŶϯƵƐŝŶĞƐƐŽŶĐĞƌŶĞƌƚŝĨŝĐĂƚŝŽŶ
ϭϲ͘ ^ĞĐƚŝŽŶϯ/ŶĐŽŵĞĞƌƚŝĨŝĐĂƚŝŽŶƐ(Required for all Section 3 Workers and Targeted Section 3 Workers) ϭϳ͘ YƵĂůŝƚĂƚŝǀĞ
ĨĨŽƌƚƐĨŽƌŽŶƚƌĂĐƚŽƌƐ&Žƌŵ
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ĐŽŶŽŵŝĐKƉƉŽƌƚƵŶŝƚǇZĞƉŽƌƚ(Due after project completion) Packet Pg. 340
form HUD-4010 (07/2021)
Previous editions are obsolete Page ϭ of ϱ ref. Handbook 1344.1 &ĞĚĞƌĂů>ĂďŽƌ^ƚĂŶĚĂƌĚƐWƌŽǀŝƐŝŽŶƐ h͘^͘ĞƉĂƌƚŵĞŶƚŽĨ,ŽƵƐŝŶŐ ĂŶĚhƌďĂŶĞǀĞůŽƉŵĞŶƚ
KĨĨŝĐĞŽĨĂǀŝƐͲĂĐŽŶĂŶĚ>ĂďŽƌ^ƚĂŶĚĂƌĚƐ
͘ WW>//>/dz
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
;ϭͿ D/E/DhDt'
^
;ŝͿ All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment, computed at rates not less than those contained in the wage determination of the Secretary of Labor (which is attached hereto and made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH1321)) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place, where it can be easily seen by the workers. ;ŝŝͿĚĚŝƚŝŽŶĂůůĂƐƐŝĨŝĐĂƚŝŽŶƐ͘
;Ϳ Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
;ϭͿ The work to be performed by the classification requested is not performed by a classification in the wage determination;
;ϮͿ The classification is utilized in the area by the construction industry; and ;ϯͿ The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
;Ϳ If the contractor, the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division (“Administrator”), Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget (“OMB”) under OMB control number 1235-0023.) ;Ϳ In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, or HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.)
Packet Pg. 341
form HUD-4010 (07/2021)
Previous editions are obsolete Page Ϯ of ϱ ref. Handbook 1344.1 ;Ϳ The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. ;ŝŝŝͿ Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. ;ŝǀͿ If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) ;ϮͿ tŝƚŚŚŽůĚŝŶŐ͘ HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Department of Labor shall make such disbursements in the case of direct Davis-Bacon Act contracts. ;ϯͿ WĂǇƌŽůůƐĂŶĚďĂƐŝĐƌĞĐŽƌĚƐ͘
;ŝͿDĂŝŶƚĂŝŶŝŶŐWĂǇƌŽůůZĞĐŽƌĚƐ͘Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification(s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid.

Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1235-0023 and 1215-0018) ;ŝŝͿĞƌƚŝĨŝĞĚWĂǇƌŽůůZĞƉŽƌƚƐ͘
;Ϳ The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at ŚƚƚƉƐ͗ͬͬǁǁǁ͘ĚŽů͘ŐŽǀͬĂŐĞŶĐŝĞƐͬǁŚĚͬĨŽƌŵƐ or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

Packet Pg. 342
form HUD-4010 (07/2021)
Previous editions are obsolete Page ϯ of ϱ ref. Handbook 1344.1 Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S.

Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1235-0008.) ;Ϳ Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
;ϭͿ That the payroll for the payroll period contains the information required to be provided under 29 CFR

5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;
;ϮͿ That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; ;ϯͿ That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract; and
;Ϳ The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph (a)(3)(ii)(b).
;Ϳ The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. ;ŝŝŝͿ The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. ;ϰͿƉƉƌĞŶƚŝĐĞƐĂŶĚdƌĂŝŶĞĞƐ͘
;ŝͿƉƉƌĞŶƚŝĐĞƐ͘ Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.

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form HUD-4010 (07/2021)
Previous editions are obsolete Page ϰ of ϱ ref. Handbook 1344.1 If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
;ŝŝͿdƌĂŝŶĞĞƐ͘ Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed, unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
;ŝŝŝͿ
ƋƵĂůĞŵƉůŽǇŵĞŶƚŽƉƉŽƌƚƵŶŝƚǇ͘ The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
;ϱͿŽŵƉůŝĂŶĐĞǁŝƚŚŽƉĞůĂŶĚĐƚƌĞƋƵŝƌĞŵĞŶƚƐ͘ The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract.
;ϲͿ^ƵďĐŽŶƚƌĂĐƚƐ͘ The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs (1) through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. ;ϳͿŽŶƚƌĂĐƚƚĞƌŵŝŶĂƚŝŽŶ͖ĚĞďĂƌŵĞŶƚ͘ A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. ;ϴͿŽŵƉůŝĂŶĐĞǁŝƚŚĂǀŝƐͲĂĐŽŶĂŶĚZĞůĂƚĞĚĐƚZĞƋƵŝƌĞŵĞŶƚƐ͘ All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. ;ϵͿ ŝƐƉƵƚĞƐĐŽŶĐĞƌŶŝŶŐůĂďŽƌƐƚĂŶĚĂƌĚƐ͘ Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives.
;ϭϬͿ ĞƌƚŝĨŝĐĂƚŝŽŶŽĨ
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;ŝͿ By entering into this Contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

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Previous editions are obsolete Page ϱ of ϱ ref. Handbook 1344.1 ;ŝŝͿ No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
;ŝŝŝͿ Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment (e.g., 18 U.S.C. ΑΑ 287, 1001, 1010, 1012ʡ 31 U.S.C. ΑΑ 3729, 3802. ;ϭϭͿ ŽŵƉůĂŝŶƚƐ͕WƌŽĐĞĞĚŝŶŐƐ͕ŽƌdĞƐƚŝŵŽŶǇďǇ
ŵƉůŽǇĞĞƐ͘ No laborer or mechanic, to whom the wage, salary, or other labor standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.
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The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds ΨϭϬϬ͕ϬϬϬ. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. ;ϭͿ KǀĞƌƚŝŵĞƌĞƋƵŝƌĞŵĞŶƚƐ͘ No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
;ϮͿ sŝŽůĂƚŝŽŶ͖ůŝĂďŝůŝƚǇĨŽƌƵŶƉĂŝĚǁĂŐĞƐ͖ůŝƋƵŝĚĂƚĞĚĚĂŵĂŐĞƐ͘ In the event of any violation of the clause set forth in subparagraph B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph B(1) of this paragraph, in the sum of ΨϮϳ for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note), the Department of Labor adjusts this civil monetary penalty for inflation no later than January 15 each year. ;ϯͿ tŝƚŚŚŽůĚŝŶŐĨŽƌƵŶƉĂŝĚǁĂŐĞƐĂŶĚůŝƋƵŝĚĂƚĞĚĚĂŵĂŐĞƐ͘ HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages, as provided in the clause set forth in subparagraph B(2) of this paragraph. ;ϰͿ ^ƵďĐŽŶƚƌĂĐƚƐ͘ The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs B(1) through (4) of this paragraph. ͘ ,
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The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds ΨϭϬϬ͕ϬϬϬ. ;ϭͿ No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
;ϮͿ The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
;ϯͿ The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.

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1 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE.

During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers’ representative of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
f. In the event of the contractor’s noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of Paragraph 1a through 1g in every subcontract or purchase order unless exempted by rule, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

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2 EQUAL EMPLOYMENT SPECIFICATIONS
(Executive Order 11246).
a. As used in these specifications:
(1) Covered area means the geographical area described in the solicitation from which this contract resulted;
(2) Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;
(3) Employer Identification Number (EIN) means the Federal Social Security Number used on the Employer’s Quarterly Federal Tax Return, United States Treasury Department Form 941.
(4) Minority includes:
(a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin)
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and
(d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
c. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and time tables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should Packet Pg. 347
3 reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers.

The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor’s obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor.
g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
(1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor’s employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization’s responses. (3) Maintain a current file of the name, address, and telephone numbers of each minority and female off-the street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor’s efforts to meet its obligations.

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4 (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor’s employment needs, especially those programs funded or approved by the Department of Labor.

The contractor shall provide notice of these programs to the sources compiled under 3g (2) above.
(6) Disseminate the contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
(7) Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
(8) Disseminate the contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor’s EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of a contractor’s work force.
(11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities toensure that the EEO policy and the contractor’s obligations under these specifications are being carried out.

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5 (14) Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
(15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
(16) Conduct a review, at least annually, of all supervisors’ adherence to and performance under the contractor’s EEO policies and affirmative action obligations. h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1) through (16). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor’s minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor’s, and failure of such a group to fulfill an obligation shall not be a defense for the contractor’s noncompliance.
i. A single goal for minorities and a separate single goal for women have been established.

The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
j. The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sec or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. l. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
m. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative actions steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these Packet Pg. 350
6 specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause Notice).
n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). p. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas. The goals, which shall be applicable to each construction trade in a covered contractor’s or subcontractor’s entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2.

SPECIFIC EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS.

For a federally assisted construction contract in excess of $10,000, the contractor/subcontractor shall:
a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non-segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports.
b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed. c. Send a notice of the contractor’s commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work. d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment.

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7 e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract.
f. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC-257) to the contract awarding authority by the end of each work month. With the initial monthly report, the contractor/subcontractor shall attach the Contractor’s List of Federal and Non-Federal Work in Bid Condition Area to the monthly report.

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY
(Executive Order 11246)
a. The Offeror or Bidder’s attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Specifications set forth herein. b. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor’s aggregated work force in each trade on all construction work in the covered area, are as follows:

Goals for Minority and Female Participation in Timetables, Each Trade: 28.3%, 6.9% These goals are applicable to all the contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed.

With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications set forth in 41 CFR Part 60-

4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor’s goals shall be a violation of the contract, the Executive Order, and the regulations of 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
c. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.

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8 d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statistical Area of Los Angeles-Long Beach, specifically the County of Los Angeles, State of California.

CONTRACTING WITH SMALL BUSINESS, MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS.
a. It is national policy to award a fair share of contracts to Small business and Minority Firms.

Accordingly, affirmative steps must be taken to assure that Small Business and Minority Firms are utilized when possible, as sources of supplies, equipment, construction and services. Affirmative steps include the following:

1. Including qualified Small Business and Minority Firms on solicitation lists.

2. Assuring that Small Business and Minority Firms are solicited whenever they are potential sources.

3. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum Small Business and Minority Firm participation.

4. Where the requirement permits, establishing delivery schedules which will encourage participation by Small Business and Minority Firms.

5. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, as required.

6. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps in a1 through a5 above.
b. Grantees shall take similar appropriate affirmative action in support of Women’s Business Enterprises.
c. Grantees are encouraged to procure goods and services from Labor Surplus Areas.

CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

SECTION 503 OF THE REHABILITATION ACT OF 1973. Any contract in excess of $10,000 entered into by any Federal department or agency for the procurement of personal property and non-personal services (including construction) for the United States shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified individuals with disabilities. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance.

SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States on the grounds of race, color, national origin, or sex be excluded from Packet Pg. 353
9 participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.

VIETNAM ERA VETERANS' READJUSTMENT ASSISTANCE ACT OF 1974, as amended.

Covered contracts entered into by any department or agency for the procurement of personal property and non- personal services (including construction) for the United States, shall contain a provision requiring that the party contracting with the United States shall take affirmative action to employ and advance in employment qualified special disabled veterans, veterans of the Vietnam era and any other veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. The provisions of this section shall apply to any subcontract entered into by a prime contractor in carrying out any contract for the procurement of personal property and non-personal services (including construction) for the United States.

AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

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COMPLIANCE WITH CLEAN AIR AND WATER ACTS
(Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000)
During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal. Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.

In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following:

1. A stipulation by the contractor or subcontractors, that any facility to be utilizes) in the performance of any non exempt contract or subcontract,. is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.

2. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under.

3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that .a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities.

4. Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions.

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LABOR CODE SECTIONS
(1771, 1774, 1775, 1776,1777.5, 1813, AND 1815)
§1771. Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works.

This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. §1774. The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract. §1775.
(a) (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. (2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.
(B) The penalty may not be less than ten dollars ($10) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (i) The penalty may not be less than twenty dollars ($20) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned.
(ii) The penalty may not be less than thirty dollars ($30) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) When the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section. (D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified Packet Pg. 356
prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
(3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
(4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (C) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. §1776.
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. (c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision(a) with the entity that requested the records within 10 days after receipt of a written request. (e) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Packet Pg. 357
Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management
Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's name and social security number. A joint labor management committee may maintain an action in a court of competent jurisdiction against an employer who fails to comply with Section 1774.

The court may award restitution to an employee for unpaid wages and may award the joint labor management committee reasonable attorney's fees and costs incurred in maintaining the action. An action under this subdivision may not be based on the employer's misclassification of the craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available remedies for a violation of this chapter.
(f) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(g) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10- day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. (h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(i) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.
§1777.5.
(a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon public works. (b) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) When the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program's standards shall not be required to submit any additional application in order Packet Pg. 358
to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o).
(e) Prior to commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program that can supply apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates where the contractor agrees to be bound by those standards, but, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
(h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the Division of Apprenticeship Standards, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section that has agreed to be covered by an apprenticeship program's standards upon the issuance of the approval certificate, or that has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision(g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Chief of the Division of Apprenticeship Standards may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade.
(k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) When an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be Packet Pg. 359
required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Division of Apprenticeship Standards for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows:
(A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and geographic area for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices registered in each program.
(C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Division of Apprenticeship Standards. (3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the Division of Apprenticeship Standards.
(n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) All decisions of an apprenticeship program under this section are subject to Section 3081. §1813. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract and shall report them to the Division of Labor Standards Enforcement.
§ 1815. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay.

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APPENDIX “A”

LOCATION MAPS
Packet Pg. 398
RIALTO AVE. from MT. VERNON AVE. TO BRIDGE
10th STREET. from “F” ST. TO “H” ST. TO Knuckle
Packet Pg. 399
49th STREET. from SIERRA WAY. TO END
Packet Pg. 400

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 2, 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: Formal Acceptance of Southern California Gas Company’s Application for Franchise, Enactment of the Resolution of Intention to Grant a Gas Franchise, and Approval of
License Agreement (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Formally accept the application for a gas franchise from Southern California Gas Company; and

2. Enact Resolution 2023-121 of the Mayor and City Council of the City of San Bernardino, California, which recites the terms under which the City intends to grant the franchise and directs the City Clerk to publish the Notice within 15 days after the passage of this Resolution.

3. Approve the license agreement with Southern California Gas Company.

Executive Summary:

Staff is requesting Council to accept Southern California Gas's (SCG) application for a gas franchise in the City and enact a Resolution of Intention to Grant a Gas Franchise, which are preliminary steps leading to renewing their franchise for another 20 years beginning on September 20, 2023. This will allow SCG to install and maintain their infrastructure in the public rights-of-way at no cost to the City, and SCG will be required to pay the City a 2% franchise fee. Since the current franchise agreement with SCG will expire before the new agreement becomes effective, staff is also requesting approval of a License Agreement allowing SCG continued access for up to 120 days.

Packet Pg. 401
Background
In September 2003, the City entered into a 20-year franchise agreement with SCG.

Ordinance No. MC-1149, as shown in Attachment 4, was adopted by the City Council on August 4, 2003. The franchise will expire on September 4, 2023.

In January 2023, SCG contacted City staff with a proposal to execute a new utility franchise agreement within the incorporated City limits in accordance with Section 6261 of the California Public Utilities Code. The term of the proposed franchise will be 20 years and will be effective on September 20, 2023.

In July 2023, SCG submitted an application for a gas franchise to City staff, which was filed with the City Clerk. SCG also submitted a request for a license to City staff.

Discussion
A municipal utility franchise agreement is a contract between a City and a utility service provider that includes terms and conditions under which the service provider may install infrastructure in public rights-of-way to provide utility services.

An application for a gas franchise was filed with the City Clerk, and Resolution of Intention to Grant a Gas Franchise was prepared. To continue the franchise process, the SCG application must be formally accepted along with the enactment of the resolution.

The proposed franchise includes a 20-year term, with an effective date of September 20, 2023. The agreement allows the utility to construct, maintain and operate its natural gas system in the City-owned public rights-of-way. In exchange, the agreement requires SCG to pay the City a two percent (2%) franchise fee arising from the use, operation, or possession of this Franchise. The agreement also requires SCG to relocate its facilities, at no cost to the City, when in conflict with public construction projects.

Since the existing franchise is to expire within sixty days according to the franchise terms, and a new franchise has been requested, but has not yet been granted, SCG may request the Mayor and City Council to issue the franchisee a written revocable license, for a renewable term not to exceed one hundred-twenty (120) days from the expiration of the franchise, permitting SCG to continue to locate its existing facilities in or upon public property in the City during the term of the license. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.4: Economic Growth & Development.

The proposed franchise is consistent with the Council's goals to maintain fiscal responsibility and stability; to improve, maintain and enhance public facilities and infrastructure; to support and promote the quality of life and local economy; and to ensure public safety.

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

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

1. Formally accept application for a gas franchise from South California Gas Company; and

3. Approve license agreement with Southern California Gas Company.

Attachments
Attachment 1 Application for Franchise, Southern California Gas Company Attachment 2 Resolution 2023-121
Attachment 3 License Agreement, Southern California Gas Company Attachment 4 Ordinance No. MC-1149
Ward:

All Wards
Synopsis of Previous Council Actions: None
Packet Pg. 403

APPLICATION OF SOUTHERN CALIFORNIA GAS COMPANY
FOR A GAS FRANCHISE PURSUANT TO THE PROVISIONS OF DIVISION 3, CHAPTER 2 OF THE PUBLIC UTILITIES CODE OF THE STATE OF CALIFORNIA, KNOWN AS THE FRANCHISE ACT OF 1937.

To the City Council of San Bernardino, California,
The undersigned applicant hereby makes and application, under and pursuant to the provisions of Division 3, Chapter 2 of the Public Utilities Code of the State of California, for a franchise, and, in compliance with the provisions of Section 6231 thereof, states:
(a) The name of the applicant is Southern California Gas Company. The applicant is a corporation organized and existing under and by virtue of the laws of the State of California and engaged as a public utility corporation in transmitting and distributing natural gas for all purposes to consumers in various municipalities and communities in the State of California, including the City of San Bernardino.
(b) The purpose for which the franchise herein applied for is desired to lay and use pipes and other appurtenances for the transmission and distribution of natural gas for any and all purposes, under, along, across or upon the public streets, ways, alleys and places, as the same now or may hereafter exist with the City of San Bernardino
(c) The term for which the franchise herein applied for as twenty (20) years. (d) The applicant, if granted the franchise will pay to the City of San Bernardino during the life of such franchise, two percent (2%) of the gross annual receipts of applicant arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than two percent (2%) of the gross annual receipts of applicant derived from the sale of natural gas within the limits of the City of San Bernardino under said franchise.

SOUTHERN CALIFORNIA GAS COMPANY
_________________________________
Andy Carrasco
Vice President, Communications, Local Government &
Community Affairs
Packet Pg. 404
Resolution No. 2023-121
Resolution No. 2023-121
August 2, 2023

Page 1 of 4 ends

Mayor and City CouncilAugust 2, 2023

Mayor and City Council
August 2, 2023