Agenda packet — Mayor and City Council, August 16, 2023 (part 1 of 3)

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

CITY OF SAN BERNARDINO

REVISED AGENDA

FOR THE

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

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

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

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

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

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

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, AUGUST 16, 2023
5:30 PM - CLOSED SESSION 7:00 PM - OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG C
ouncil Member Alexander will be participating remotely via Zoom from 18 Pennacook Ave. Oak Bluffs, MA 02557
Theodore Sanchez Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
Sandra Ibarra Charles E. McNeely
COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Helen Tran
MAYOR
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

A) CLOSED SESSION
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. City of San Bernardino v. Fox Property Holdings LLC, et al. San Bernardino S
uperior Court Case No. CIVSB2218532
ii. Blanca Gamez v. Jonathan Plummer, et al., San Bernardino Superior Court Case No
. CIVSB21115842
B) PUBLIC EMPLOYEE APPOINTMEN T (Pursuant to Government Code Section 54957)
i. City Manager
7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PRESENTATIONS

1. Proclamation for California Native American Day in the City of San Bernardino – September 22, 2023 (All Wards)

2. Demand Management Incentive Program Check Presentation: San Bernardino Valley M
unicipal Water District (Valley District) (All Wards)

3. Proclamation for International Overdose Awareness Day in the City of San B
ernardino – August 31, 2023 (All Wards)

4. Lead
Connector Update to the Mayor and City Council (Ward 6) p. 15
Mayor and City Council of the City of San Bernardino Page 3

APPOINTMENTS

5. Library Board Appointment of James C. Pierson.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CITY MANAGER UPDATE

CONSENT CALENDAR

6. Pre-Approval of Mayor Travel for FY 2023/2024 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve the Mayor’s specified travel for Fiscal Year 2023/24.

7. City Board, Commission , and Citizen Advisory Committee Minutes Approved in June/July 2023
Recommendation:

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

8. Authorization to Apply and Accept the Community Resiliency Centers (CRC) Program P
lanning Grant (All Wards)
Recommendation:

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

1. A
dopt Resolution No. 2023-128 authorizing the City Manager or designee to submit an application to the Strategic Growth Council for the Community Resiliency Centers (CRC) Program Planning Grant and execute all related documents if awarded; and

2. If awarded funding, authorize the Agency Director of Administrative Services t o
appr
opriate up to $500,000 in revenues and expenditures for eligible project activities through the CRC Planning Program Grant.

9. Approving the Capital Improvement Project Manager Job Classification and A
mending the Salary Schedule
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-129:

1. Establishing the Capital Improvement Project Manager job classification;

2. Authorizing the City Manager or his designee to add one (1) FTE for Fiscal Year 23/24; and

2.3. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions

10. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positionsLibrary Literacy Program Grant-Funded Full-Time Staff Technical Correction (All Wards)
Recommendation:

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

1. A technical correction of the grant funding that was accepted on November 2, 2022
(
Resolution No. 2022-231).

2. Increase the Library Department authorized staffing by two full-time positions, one Assistant Literacy Program Coordinator and one Library Assistant for FY 2023/24. p. 25
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Mayor and City Council of the City of San Bernardino Page 4

11. Inghram Library Lease Agreement (Ward 6)
Recommendation:

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

1. Approve a thirty-six (36) month lease agreement for $110,484 ($3,069 per month) with three, (3), 12-month options to extend for the Inghram Branch Library space at t he N
ew Hope Family Life Center at 1505 W. Highland Ave., San Bernardino, California, 92411.

2. Authorize the Agency Director of Administrative Services to issue an annual purchase order not to exceed the amount of $36,828.

12. Amendment No. 1 to Library Internet Service Agreement with Columbia Telecommunications Corporation (All Wards)
Recommendation:

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

1. Ratify the Library Director’s execution of Amendment No. 1 to the agreement between San Bernardino Public Library (SBPL) and Columbia Telecommunications Corporation (CTC) for the provision, installation, and maintenance of advanced network (data) services; and

2. Authorize the Agency Director of Administrative Services to approve a Fiscal Year 2023/24 purchase order in an amount not to exceed $84,000.

13. Accept the California Department of Developmental Services - Social Recreatio n G
rant in the amount of $156,0000 (All Wards)
Recommendation:

It is recommended that the of the Mayor and City Council of San Bernardino, California adopt
resolution No. 2023-130 to:

1. Authorize the City Manager to accept the grant award in the amount of $156,000;

2. Authorize the City Manager or their designee to conduct all negotiations, signing, and s
ubmittals of necessary documents to receive grant awards; and

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

14. Amendment to the Professional Services Agreements between City of San Bernardino and Redwood Private Security for Park Patrol at City Parks and Citywide Events (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute the Amendment to the Professional Services Agreement with Redwood Private Security for Park Patrol at City Parks and Citywi de E
vents.

2. Adopt Resolution No. 2023-131 authorizing the Agency Director of Administrative Services to amend the FY2023/24 Budget by $180,000 from the Cultural Development Fund for Park Patrol at City Parks and Citywide Events.

3. Authorize the Agency Director of Administrative Services to issue a purchase order not to exceed $180,000.
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Mayor and City Council of the City of San Bernardino Page 5

15. Accept donation from Hillwood in the amount of $20,000 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023-132 to:

1. Authorize City Manager to accept the donation from Hillwood in the amount of $20,000; and

2. Authorize the Agency Director of Administrative Services to amend the FY 2023/24 General Fund Operating Budget in both revenue and expenditures by $20,000; and allocate the expenditures to Youth Sports ($10,000) and the Symphony Concert ($10,000) in their respective expenditure accounts.

16. Technical Revision for the Purchase of Cellular Site Simulator Equipment (A ll W
ards)
Recommendation:

Adopt Resolution No. 2023-133 of the Mayor and City Council of the City of San Bernardino, California, authorizing:

1. The City Manager to execute a goods purchase agreement between the City of San B
ernardino and Tactical Support Equipment.

2. The Agency Director of Administrative Services to issue a Purchase Order to Tactical Support Equipment in an amount not exceeding $687,000.

17. Award Design Services Agreement for Sierra Way Storm Drain Project (Ward 7) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Design Services Agreement with Ludwig Engineering Associates, Inc. in the negotiated amount of $179,820 for the Sierra Way Storm Drain Project.

18. Approve the Rail Storage and Maintenance Facility (“Arrow Maintenance Facility”) Operation and Maintenance Covenant Agreement for Storm Water Treatment Devices and Control Measures between the City and San Bernardino County Transportation Authority (SBCTA) for the Water Quality Management Plan (WQMP) (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, execute the Rail Storage and Maintenance Facility (aka “Arrow Maintenance Facility”) Operation and Maintenance Covenant Agreemen t for Storm Water Treatment Devices and Control Measures between the City and San B
ernardino County Transportation Authority (SBCTA) for the Water Quality Management Plan (WQMP).

19. Amendment No. 4 to Agreement with ERSC for State Street Extension (Ward 6) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 4 to the Professional Engineering Services Agreement with Engineering Resources of Southern California (ERSC), adding engineering and construction support services in the amount of $83,485 and increasing the pur
chase order to a total amount not-to-exceed of $349,995 for the State Street extension from Baseline Street to 16th Street.
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Mayor and City Council of the City of San Bernardino Page 6

20. Agreement with Vulcan Materials Company
Recommendation:

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

1. Authorize the Interim City Manager to execute a Goods Services Agreement with Vulcan Materials Company for the purchase of asphalt concrete materials and related supplies; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order not to exceed the amount of $100,000.

21. Adoption of Ordinance No. MC-1596 - Granting Citation Authority to Security Guard Personnel for Violations of the San Bernardino Municipal Code on City Property (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Ordinance No. MC-1596, amending Chapter 9.90 of the San Bernardino Municipal Code, granting citation authority to security guard personnel for violations of the San Bernardino Municipal Code on City property.

DISCUSSION

22. Designation of Voting Delegates and Alternates - 2023 League of California Citie s A
nnual Conference & Expo September 20-22, 2023 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of one voting delegate and two alternate voting delegates to the 2023 League of California Cities Annual Conference & Expo on September 20-22, 2023 i n S
acramento, California.

23. Administrative Policies – Updated Naming and Renaming of City Parks, Recreational Facilities, and Amenities Policy (All Wards)
Recommendation:

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

1. Review and consider the proposed revisions to the Naming and Renaming of City Parks, Recreational Facilities, and Amenities Policy; and

2. Adopt Resolution No. 2023-134 as presented, repealing Resolution No. 2010-342 and adopting the revised policy; OR

3. Provide direction for modifications to the proposed policy.

24. Appropriation and City Manager Authorization to Approve Various Emergency Nuisance and Building Health and Safety Abatement Costs (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-135:

1. Proclaiming the need to prioritize nuisance and building and safety abatement costs and authorizing the City Manager to approve various code enforcement and Health and Safety Code assistance to displaced individuals’ expenses related thereto;

2. Approving the appropriation in the amount of $500,000 in American Rescue Plan Act (ARPA) funds related to various nuisance and property abatement costs and assistance to displaced individuals;

3. Authorizing the Agency Director of Administrative Services, or designee, to amend t he
Ci
ty of San Bernardino’s FY 23/24 Operating Budget by $500,000. p. 460
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Mayor and City Council of the City of San Bernardino Page 7

25. Consideration of Premium Pay for the Mayor and City Council (All Wards) Recommendation:

Determine if the Mayor and City Council shall or shall not receive the premium pay that is being provided to employees from ARPA funds.

PUBLIC HEARING

26. Proposed Substantial Amendment to Fiscal Year 2020-2021 Annual Action Plan Associated with Community Development Block Grant Coronavirus Relief Funds (All Wards)
Recommendation:

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

1. Conduct a second Public Hearing to obtain citizens’ comments on the proposed Substantial Amendment to Fiscal Year 2020-2021 Annual Action Plan for the Community Development Block Grant Coronavirus Relief Funds; and

2. Approve the Substantial Amendment to Fiscal Year 2020-2021 Annual Action Plan for the Community Development Block Grant Coronavirus Relief Funds; and

3. Approve the termination of the Community Development Block Grant Coronavirus Subrecipient Agreement between the City of San Bernardino and the Housing Authority of the County of San Bernardino; and

4. Authorize the City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the submittal of the Proposed Substantial Amendment to Fiscal Year 2020-2021 Annual Action Plan.

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

27. Review contracts of all City owned revenue generating properties to see if the terms are beneficial to the City (i.e., Shandin Hills Golf Course, etc.) by the September 20, 2023, meeting (All Wards) - Council Member Alexander

28. Neighborhood Pride Program (All Wards) - Council Member Sanchez

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The Mayor and City Council will adjourn to a Special Closed Session to be held on Friday, August 18, 2023, in the Multi-Purpose Room (2 nd Floor) located at 201 North E Street (Suite B), San Bernardino, California 92401. Closed Session will begin at 2:00 p.m.

CER

TIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the August 16, 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, August 11, 2023.

I declare under the penalty of perjury that the foregoing is true and correct. p. 543
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Mayor and City Council of the City of San Bernardino Page 8 NOTICE:

In accordance with Resolution No. 2018-89 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 t he 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 r
easonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.

Mayor and City Council of the City of San Bernardino Page 9

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and t he Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three-minute 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 10

ALTERNATE MEETING VIEWING METHOD:

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

https://reflect-sanbernardino.cablecast.tv/CablecastPublicSite/watch/1? channel=6

PUBLIC COMMENT OPTIONS

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

1) Written comments can be emailed to [email protected]. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require 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 909-384-5002 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 cut-off time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments

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

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

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

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

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

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

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

i) Dial (669) 900-6833. When prompted, enter the Meeting ID: 677-845-9453 Passcode:2023

ii) Dial *9 from your phone to raise your hand via Zoom.

If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak.

Continued next page...
8) Join the Meeting by clicking on the Zoom link below:
https://sbcity-org.zoom.us/j/6778459453?pwd=WHduYlU3clJxRklxTFJ2M2xtUlZhZz09 Meeting ID: 677 845 9453
Passcode:2023

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

Enter the Meeting ID: 677-845-9453
Passcode:2023

Public Hearings:

If you are commenting on a Public Hearing whether you are speaking remotely or in person you have an opportunity to speak until the Public Hearing has been closed.

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: August 16, 2023
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney
Subject: CLOSED SESSION
Recommendation:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.City of San Bernardino v. Fox Property Holdings LLC, et al. San Bernardino Superior Court Case No. CIVSB2218532
ii.Blanca Gamez v. Jonathan Plummer, et al., San Bernardino Superior Court Case No. CIVSB21115842
B. PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
City Manager

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14 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: August 16, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor Tran
Department: Mayor's Office
Subject: Proclamation for California Native American Day in the City of San Bernardino – September 22, 2023
(All Wards)

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15 PROCLAMATION OF THE

MAYOR AND CITY COUNCIL
OBSERVING SEPTEMBER 22, 2023, AS

CALIFORNIA NATIVE AMERICAN DAY

IN THE CITY OF SAN BERNARDINO
WHEREAS, the City of San Bernardino recognizes the importance of acknowledging and honoring the rich history, culture, and contributions of California Native Americans; and,
WHEREAS, California Native American Day provides an opportunity to celebrate the heritage, traditions, and resilience of California Native American peoples; and, WHEREAS, California Native American Day offers a chance to educate the community about the diverse California Native American cultures that have shaped our region and our state; and,
WHEREAS, the City of San Bernardino aims to promote inclusivity, diversity, and respect for all individuals and communities within our city limits; and, WHEREAS, California Native American communities have made significant contributions to the growth, development, and progress in the City of San Bernardino through their rich traditions, art, language, medicine, environmental stewardship, and more; and,
WHEREAS, recognizing California Native American Day will foster a greater understanding and appreciation of the historical and contemporary issues faced by California Native American communities; and,
WHEREAS, many states and cities across the State of California have already established California Native American Day as an official observance to honor the Indigenous peoples of this land.

NOW, THEREFORE, BE IT PROCLAIMED by the Mayor & City Council of San Bernardino that: The City of San Bernardino officially recognizes the importance of California Native American Day, celebrated every year on the 4th Friday of September and this year on September 22, 2023.

The City of San Bernardino encourages residents, educational institutions, and community organizations to observe California Native American Day through activities, events, and educational initiatives that promote understanding, cultural exchange, and respect for California Native American traditions and contributions.

The City of San Bernardino encourages local businesses and organizations to support California Native American artisans, entrepreneurs, and cultural initiatives through partnerships, collaborations, and sponsorship opportunities.

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16 The City of San Bernardino calls upon neighboring jurisdictions to recognize California Native American Day as an official observance, highlighting the importance of honoring and respecting the Native American people and their contributions to our society.

Presented this 16th Day of August 2023

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5 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: August 16, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Demand Management Incentive Program Check
Presentation: San Bernardino Valley Municipal
Water District (Valley District) (All Wards)

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18 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: August 16, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for International Overdose Awareness Day in the City of San Bernardino – August 31, 2023
(All Wards)

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19 PROCLAMATION OF THE

MAYOR AND CITY COUNCIL
PROCLAIMING AUGUST 31, 2023, AS

INTERNATIONAL OVERDOSE AWARENESS DAY

IN THE CITY OF SAN BERNARDINO
WHEREAS, the City of San Bernardino does affirm and acknowledge the harm and hardship caused by drug overdose; and,
WHEREAS, we recognize the purpose of International Overdose Awareness Day as remembering loved ones lost to overdose and ending the stigma of drug-related deaths; and,
WHEREAS, we resolve to play our part in reducing the toll of overdose in our community, which claimed the lives of more than 496 residents of San Bernardino County, and over 12,000 Californians, San Bernardino County, California residents last year together with countless more affected forever; and, WHEREAS, we affirm that the people affected by overdose are our sons and daughters, our mothers and fathers, our brothers and sisters, and deserving of our love, compassion and support.

NOW, THEREFORE, BE IT PROCLAIMED by the Mayor & City Council of San Bernardino do hereby proclaim August 31, 2023, as International Overdose Awareness Day in the City of San Bernardino.

Presented this 16th Day of August 2023

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20 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: August 16, 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: Lead Connector Update to the Mayor and City Council (Ward 6)
Recommendation:

Receive and file an update from the General Manager of the San Bernardino Municipal Water Department regarding the status of Service Lines in the San Anselmo Neighborhood.

Executive Summary
At the request of the Mayor and City Council, Miguel Guerrero, the General Manager of the San Bernardino Municipal Water Department (SBMWD) has written a memo describing the detailed work completed by the Water Department to verify that there are no service lines containing lead connectors in the San Anselmo neighborhood. (Attachment 1)
Background
At the July 19, 2023 City Council meeting, staff recommended reallocating $1,540,000 from the San Anselmo service line connector replacement project because the service lines in that neighborhood were found not to contain lead. Council expressed concern that San Anselmo, as one of the oldest neighborhoods in the City, may have a higher likelihood of lead service lines, and requested that more information be provided by SBMWD.

Discussion
Attachment 1 is the memo to the City Manager from Miguel Guerrero, P.E., General

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21 Manager of SBMWD, explaining in detail the process that the department used to evaluate the service lines in the San Anselmo neighborhood in order to verify that any identified as having pipes made of “unknown” material have evaluated and determined not to contain lead or have lead fittings.
2021-2025 Strategic Targets and Goals
This report aligns with Goal No. 3b: Improved Quality of Life - Integrate a customer service orientation and metrics into all City operations.

Fiscal Impact
There is no fiscal impact associated with accepting this report. The $1,540,000, currently allocated to the San Anselmo lead service connector program will be recommended for reallocation at a later meeting.

Conclusion
Receive and file an update from the General Manager of the San Bernardino Municipal Water Department regarding the status of Service Lines in the San Anselmo Neighborhood.

Attachments
Attachment 1 – Memo from SBMWD
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

July 19, 2023 Mayor and City Council deferred a decision to reallocate $1,540,000 in ARPA funds from the San Anselmo Lead Connector project until receiving a report from SBMWD.

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24 APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: August 16, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Library Board Appointment of James C. Pierson.

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of James C. Pierson to the Library Board. Mr.

Pierson will replace the seat left vacant with the resignation of Dr. Thomas Rennard.

Mr. Pierson will serve with a term ending in December 2026. Council Office staff has verified the appointee is a registered voter within the City.

Executive Summary
The approval of the appointment of Mr. James C. Pierson is being requested to fill the vacant seat due to the resignation of Dr. Thomas Rennard. There is no fiscal impact to the city. Mr. Pierson was interviewed for the Library Board by Mayor Tran on June 15, 2023.

Background
The Library Board was established under Charter Section 602 and is responsible for providing adequate library services; appointing a Library Director; administering the Library budget allocated by the City Council; making and enforcing all rules and regulations applicable to library services; and administering such additional matters as may be determined by ordinance.

Section 2.27.010 A of the municipal code states that whenever any vacancy of the Library Board occurs for any reason, and at least 60 days prior to expiration of any Library Board of Trustee member’s term of office, a vacancy notice must be posted to enable qualified candidates to apply. A vacancy notice was posted on June 20, 2023, at the following locations:

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25 Feldheym Library, 555 W. 6th St, San Bernardino, CA 92410 Dorothy Inghram Branch Library, 1505 W Highland Ave, San Bernardino, CA 92411 Howard M Rowe Branch Library, 108 E Marshall Blvd, San Bernardino, CA 92404 Section 2.27.010 B of the municipal code states that the Mayor shall determine the timing and manner of interviewing qualified applicants for the Library Board, which may include interviews with the Mayor, an ad hoc council subcommittee formed for that purpose, or setting of a special meeting with public interviews of those selected for interview. Each appointee to the Library Board shall be selected by a vote of the Mayor and entire City Council as provided in Charter section 304(b).

The commission is comprised of five (5) members who shall be appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of the Charter, to serve without compensation. The term of service for this reappointment will be a four-year term.
2021-2025 Strategic Targets and Goals
The proposed appointment aligns with Key Strategic Goal 2: Focused, Aligned Leadership and Unified Community by making appointments to Mayor and City Council boards, commissions, and committees.

Fiscal Impact
No fiscal impact to City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of James C. Pierson to the Library Board. Mr.

Pierson will replace the seat left vacant with the resignation of Dr. Thomas Rennard.

Mr. Pierson will serve with a term ending in December 2026. Council Office staff has verified the appointee is a registered voter within the City.

Attachments
Attachment 1 – Commission application – James C. Pierson Attachment 2 – Ordinance No. MC-1483
Attachment 3 – Charter 2.27
Attachment 4 – Notice of Annual Vacancies – 06-20-23
Ward:

All Wards
Synopsis of Previous Council Actions:

April 18, 2018 Ordinance No. MC-1483 enacting San Bernardino Municipal Code Chapter 2.27 related to the “Library Board” was adopted.

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28 B. Applicants for membership on the Library Board of Trustees and all Board Members shall be adult residents and registered voters of the City of San Bernardino, and no member shall be an employee of the City or hold any other elected office in the City, while applying for or holding a membership seat on the Library Board of Trustees.

Members shall be appointed on the basis of demonstrated knowledge and experience in the area of library operations, fundraising, budget and personnel management, education, legal services, purchasing, or other areas which relate to the mission and purpose of the Board. Members shall commit to provide the best possible library services for the community. Appointments shall be made with consideration of community involvement, interpersonal and communication skills, geographical distribution of commissionersand diversity. The Mayor shall determinethe timing and manner of interviewing qualified applicants, which may include interviews with the Mayor, an adhoc council subcommittee formed for that purpose, or setting of a special meeting with public interviews of those selectedfor interview. Each appointee to the Library Board shall be selected by a vote of the Mayor and entire City Council as provided in Charter section 304( b). Removal of any member of the Library Board shall also be subject to Charter section 304( b). Members of the Library Board of Trustees shall serve without compensation.

2. 27. 020 Terms of Office
Each member of the Library Board of Trustees shall serve a four year term. Terms shall be staggeredso that threemembersareappointedin 2018 for a four yearterm and every four yearsthereafter, and two membersare appointedin 2018 for a two yearterm and every four years thereafter. The term of each member of the board shall continue until a successor has been appointed.
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28 2. 27. 030 Oath of Office
Prior to undertaking his or her duties as a member of the Library Board of Trustees, the member shall subscribeand file his or her official oath of office with the City Clerk.

2. 27. 040 Meetings, Chair, Quorum and Attendance
The Library Board of Trustees shall meet at least once per month, with regular meetings scheduled by adopted rules or regulations, and special meetings as needed, to be posted and conducted in accordance with the Ralph M. Brown Act. A quorum of three of the board members is required to conduct any meeting. The Board shall elect a president and vice-president from among its members, and the president and vice-president shall serve for a term of two years. Any memberwho is absentfor three (3) consecutivemeetings, or in excess of four ( 4) meetings per year, excused or unexcused, may be subject to removal from the Board.

2.27.050 Reporting
The Library Board of Trustees shall provide a copy of its agenda, attachments and minutes, to the Mayor, City Council, City Manager, City Attorney and such other City officials as it may deem advisable. The Library Board of Trustees shall schedule, from time to time, agendaitems asrequestedby the City Manager for the purposeof discussingitems in closed or open session. The Library Department budget and all labor agreements shall be submitted to City Council for approval pursuant to Charter Sections 508 and 602.

2. 28. 060 Approval of Rules and Regulations
The Rules and Regulations of the Library Board of Trustees in effect at the time of adoption of this ordinance, copies of which Rules and Regulations are on file in the office of the City Clerk, are approvedfor enforcementpurposes. Subsequent amendments to the Rules 3 Packet Pg.
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28 and Regulations approved by the Library Board shall be submitted to the City Council for approvalby resolution and shall be enforceablepursuant to this chapter.

SECTION 2. INCONSISTENCIES. Any provision of the San Bernardino Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies, is hereby repealed or modified to the extent necessaryto effect the provisions of this Ordinance.

SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or words be declared unconstitutional, invalid, or ineffective.

SECTION 4. PUBLICATION. This Ordinance shall take effect and be in full force thirty ( 30) days from and after the passagethereof, andprior to the expiration of fifteen ( 15) days from its passage shall be published once in a newspaper of general circulation, printed and published in the City of San Bernardino or, in the alternative, the City Clerk may causeto be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be postedin the office of the City Clerk five (5) daysprior to thedateof adoptionof this Ordinance, and within fifteen ( 15) days after adoption, the City Clerk shall cause to be published the aforementionedsummary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the namesof the membersof the City Council voting for and against the same.

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28 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO, CALIFORNIA, ENACTING SAN BERNARDINO MUNICIPAL CODE CHAPTER 2.27 RELATED TO THE " LIBRARY BOARD"
I HEREBY CERTIFY that the foregoing Ordinance was duly adoptedby the Mayor and City Council of the City of SanBernardino at ajoint regular meeting thereof, held on the 18a'
dayof April 2018, by the following vote, to wit:

Council Members: AYES NAYS

MARQUEZ
kBARRIOS

VALDIVIA

SHORETT
NICKEL

RICHARD

MULVIHILL XCS

ABSTAIN ABSENT
Georgea arena, CMC, City Clerk
The foregoing Ordinance is hereby approvedthis 18th
day of April 2018.

R. Carey Da4s, Mayor
City of Sari Bernardino
Approved as to form:

Gary D. Saenz, City Attorney
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37 NOTICE OF VACANCIES

The City of San Bernardino is currently accepting applications to fill the following unscheduled vacancy:

• Board of Library Trustees ( one seat – for a term of four-years, e xpiring December 2026)

Meetings are at 3:00 p.m. on the second Tuesday of each month, in the Feldheym Central Library, Administration Board Room located at 555 West 6th Street, San Bernardino, CA 92410)

All scheduled vacancies will become vacant when the existing terms expire on December 2026, or until the seat is filled.

Applicants for membership on the Library Board of Trustees and all Board Members shall be adult residents and registered voters of the City of San Bernardino, and no member shall be an employee of the City or hold any other elected office in the City, while applying for or holding a membership seat on the Library Board of Trustees.

Members shall commit to provide the best possible library services for the community.

Each appointee to the Library Board shall be selected by a vote of the May or and entire City Council as provided in Charter section 304(b). Members of the Library Board of Trustees shall serve without compensation.

The deadline for filing applications is noon on Friday, July 7, 2023 . The application and additional information about the Boards and Commissions can be found at:
https://www.sbcity.org/About/Boards_Commissions_Citizen_Advisory_Committees or by calling (909) 384-5188.

For more information, contact the Council Office at (909) 384-5188.

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2 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 16, 2023
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Pre-Approval of Mayor Travel for FY 2023/2024 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve the Mayor’s specified travel for Fiscal Year 2023/24.

Executive Summary:

The Mayor is requesting the approval of travel to attend the International City/County Management Association (ICMA) Annual Conference from September 30 – October 1, 2023. The Mayor will be a speaker at an education session during the conference. The Mayor is requesting an estimated cost of $700 to be used for airfare and hotel to attend the conference. There is no fiscal impact as the Mayor has an annual budget for meetings and conferences of $4,000.

Background
On August 18, 2021, the Mayor and City Council adopted Resolution 2021-212, adopting the Travel Authority and Expense Policy that requires all mayoral and council travel to be preapproved by the Mayor and City Council.

Discussion
The Travel Authority and Expense Policy adopted by the Mayor and City Council requires preapproval by the Mayor and City Council for any travel by an elected official. The Mayor is requesting to attend the International City/County Management Association (ICMA) Annual Conference from September 30 - October 1, 2023 in Austin, TX.

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2 2023 ICMA Registration Comped
Estimated Airfare & Travel $350
Estimated Hotel $350
Total Cost $700
2021-2025 Strategic Targets and Goals
This item aligns with Key Target No. 1d: Improved Operational and Financial Capacity - Create a framework for spending decisions.

Fiscal Impact
There is no financial impact to the pre-approval of travel for FY 2023/24. Each Councilmember has an annual budget for meetings and conferences of $6,000 and the Mayor has a budget of $4,000.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve the Mayor’s specified travel for Fiscal Year 2023/24.

Attachments
Attachment 1 – Pre-Approval of Mayor and City Council Travel for FY 23- 24 Attachment 2 – Annotated Agenda - Pre-Approval of Mayor and City Council Travel for FY 23-24
Attachment 3 – ICMA Registration Details
Attachment 4 – Estimated Flight Cost
Attachment 5 – Estimated Hotel Cost
Attachment 6 – GSA FY 2023 Per Diem Rates for Austin, TX Ward:

All Wards
Synopsis of Previous Council Actions:

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

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

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

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

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

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

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

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

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

Discussion
Pre-approved travel for FY 2023/24 includes all events sponsored by the following organizations:
•California League of Cities (“Cal Cities”)
•National League of Cities (“NLC”)
•Southern California Association of Governments (“SCAG”) •San Bernardino County Transportation Authority (“SBCTA”) •US Conference of Mayors
The City is currently an active member of Cal Cities, NLC, and SCAG, and City officials routinely attend events sponsored by these organizations. Furthermore, several City officials also serve on policy committees that are conducted by these organizations, including the Community Services Policy Committee and the Transportation, Communications, and Public Works Policy Committee for Cal Cities. Attending events that are sponsored by these organizations, and participating in the committee

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5 meetings where they serve as members, City officials are able to advocate for policies and help craft legislative platforms that are aligned with the interests of the City. This is especially important as the City is re-establishing itself as a regional leader. Pre- approving travel to events sponsored by Cal Cities, NLC, and SCAG for FY 2023/24 will afford City officials greater flexibility in attending events where they can conduct business and advocate for policies that benefit the City. 2021-2025 Strategic Targets and Goals
This item aligns with Key Target No. 1d: Improved Operational and Financial Capacity – Create a framework for spending decisions, and Key Target No. 2c: Focused, Alighted Leadership and Unified Community – Re-establish City as the Regional Leader/County Seat.

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

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

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

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

All Wards
Synopsis of Previous Council Actions:

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

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

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

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

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

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

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

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

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

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FY 2023 Per Diem Rates for
Austin, Texas

Daily lodging rates (excluding taxes) | October 2022 - September 2023 Cities not appearing below may be located within a county for which rates are listed. To determine what county a city is located in, visit the National Association of Counties (NACO) website (a non-federal website) .

Primary
Destination  County  2022
Oct Nov Dec 2023
Jan Feb Mar Apr May Jun Jul Aug Sep
Austin Travis $158 $140 $140 $140 $161 $161 $161 $161 $161 $131 $131 $158

Meals & Incidentals (M&IE) rates and breakdown
Use this table to find the following information for federal employee travel:

M&IE Total - the full daily amount received for a single calendar day of travel when that day is neither the first nor last day of travel.

Breakfast, lunch, dinner, incidentals - Separate amounts for meals and incidentals. M&IE Total = Breakfast + Lunch + Dinner + Incidentals. Sometimes meal amounts must be deducted from trip voucher.

See More Information
First & last day of travel - amount received on the first and last day of travel and equals 75% of total M&IE.

Primary
Destination  County  M&IE Total Continental
Breakfast/Breakfast Lunch Dinner Incidental
Expenses
First & Last
Day of Travel 
Austin Travis $64 $14 $16 $29 $5 $48.00
Additional Per Diem Topics Need more information? Related topics Travel Resources
U.S. General Services Administration

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CONFIRMATION
Confirmation ID: 6718
Helen Tran
Mayor
City of San Bernardino
290 N D St
San Bernardino, CA 92401
Thank you for registering for the 2023 ICMA Annual Conference to be held September 30 - October 4, at the Austin Convention Center, located at 500 E Cesar Chavez St, Austin, TX. This is a reminder to have your barcode readily available at on-site registration.

As a full conference attendee, you will also receive complimentary access to the On-Demand content. A separate email confirmation will be sent to you at a later date containing login information and how to access the On-Demand content.

Click the link below to return to your registration record to add/edit hotel reservations, purchase events, or add guests.

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60 Description Item Total
Access to On-Demand Content (Qty: 1) $0.00
Registration (Qty: 1) $0.00

HOUSING DETAILS
No Hotel Arrangements: Our records indicate that you will add hotel accommodations at a later date. When you are ready, click here to quickly add a reservation to your record.

CANCELLATION POLICY

CANCELLATIONS
Cancellations for the in-person conference in Austin must be received in writing ([email protected]) by Wednesday, September 6, 2023. Cancellations will not be accepted after this time. All in-person conference cancellations will have a $75 processing fee deducted from their refund, if applicable.

SUBSTITUTIONS
Substitutions may be made for the in-person event in Austin. There is no processing fee for a substitution, and you will either be charged or refunded the difference between the two registration fees. Substitutions must be received in writing ([email protected]) by Wednesday, September 6, 2023.

QUESTIONS?
We are here for you if you need anything. If you have any questions regarding registration, please contact Customer Service Monday through Friday from 9:00 a.m. to 5:00 p.m. EST at (219) 354-6679, or by email at [email protected].

Keep up with us on Facebook, YouTube, Twitter, Instagram, and Linked In.

Photography | Video | Audio Recording Policy
During the Annual Conference, photos, video and/or audio may be taken of attendees for use in either publicizing the conference and activities that ensued, or for use in ICMA promotional materials. Such photos, video or audio may be available in the public domain and accessible via the ICMA website, social media, and photo sharing sites.

We look forward to seeing you in Austin!
Thank you,
International City/County Management Association
Maritz Privacy Policy | Maritz Terms of Use

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61 Choose ﬂights
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Your trip summary
Basic Economy
Round trip (Non-refundable)
$272
Total $271.80 (all passengers)
Includes taxes and carrier-imposed fees
Price and tax information 􎀿
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􎁊Pay to choose any seat on American ﬂights
(or we'll assign seats at no charge during
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DEPART
Los Angeles, CA to Austin, TX
Saturday, September 30, 2023
11:30 AM 􎁃 4:32
PM
3h 2m Nonstop Basic Economy
■AA2780■738-Boeing 737
Details | Change
RETURN
Austin, TX to Los Angeles, CA
Sunday, October 1, 2023
2:31 PM 􎁃 3:48 PM3h 17m Nonstop Basic Economy
■AA1424■738-Boeing 737
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Move to Main Cabin
Round trip (Non-refundable)
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Total $337.80 (all passengers)

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62 Map Marker Hotel ICMA Room Rate Distance from ACC
1 Fairmont Austin $299 single/double Connected
2 Hilton Austin SOLD OUT $290 single/double Connected
3 Marriott Austin Downtown SOLD OUT $281 single/double Adjacent 4 Courtyard/Residence Inn SOLD OUT $249 single/double Adjacent 5 Hampton Inn & Suites Downtown
SOLD OUT $269 single/double 2 blocks
6 Hyatt Place Downtown $245 single/double 2 blocks

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63 Map Marker Hotel ICMA Room Rate Distance from ACC
7 Tommie Austin SOLD OUT $259 single/double 3.5 blocks
8 JW Marriott Downtown SOLD OUT $290 single/double 3 blocks 9 Line Austin $299 single/double 3 blocks
10 Westin Austin Downtown SOLD OUT $282 single/double 2 blocks 11 Hilton Garden Inn Downtown/ACC $234 single/double 3 blocks 12 Aloft/Element Austin SOLD OUT $262 single/double 5 blocks 13 Omni Austin Hotel Downtown $265 single/double 5 blocks 14 Stephen F. Austin Royal Sonesta $287 single/double 5 blocks 15 Hyatt Centric Congress Avenue SOLD
OUT $259 single/double 8 blocks
16 Embassy Suites Austin – Town Lake $269 single/double 8 blocks ICMA Shuttle Service
ICMA will provide shuttle service between the Omni Austin Hotel Downtown, Stephen F. Austin Royal Sonesta, Aloft, the Embassy Suites Downtown Town Lake, Hyatt Centric Congress Avenue and the Austin Convention Center (ACC).

The shuttle will run every 20 – 30 minutes as follows:

Day Times
Saturday 7:00am – 6:00pm & Evening Reception
Sunday 6:30am – 7:00pm
Monday 6:30am – 5:30pm
Tuesday 6:30am – 6:00pm & Evening Reception
Wednesday 7:00am – 12:00pm

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8 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 16, 2023
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Department: Council Office
Subject: City Board, Commission, and Citizen Advisory Committee Minutes Approved in June/July 2023
Recommendation:

Executive Summary
Meeting minutes for the City’s Boards, Commissions, and Committees approved in June and July 2023 are presented to the Mayor and City Council to receive and file.

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

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

2.17.080 the minutes for the board, commission and citizen advisory committee meetings approved in June and July 2023 are presented for review by the Mayor and City Council including the:

1. Arts and Historical Preservation Commission – 5/15/2023

2. Charter Review Committee – 5/4/2023

3. General Plan Advisory Committee – 3/20/23

4. Library Board – 4/11/2023

5. Parks, Recreation and Community Services – 4/20/2023

6. Planning Commission – 5/9/2023

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8 7. Public Safety and Human Relations Commission – 5/8/2023; 6/12/2023

8. Water Board – 5/23/2023; 6/13/2023; 6/27/2023; 7/11/2023 2021-2025 Strategic Targets and Goals
Providing the agendas and minutes from each of the City’s Boards, Commissions and Citizen Advisory Committees to the Mayor and City Council is in alignment with Key Target Number 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to the City.

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

Attachments
Attachment 1 - City Board, Commission and Citizen Advisory Committee Meeting minutes approved in June and July 2023
Ward:

All Wards
Synopsis of Previous Council Actions:

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

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 16, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Mary Alvarez-Gomez, Grants Division Manager
Department: City Manager's Office
Subject: Authorization to Apply and Accept the Community Resiliency Centers (CRC) Program Planning Grant (All
Wards)
Recommendation:

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

1. Adopt Resolution No. 2023-128 authorizing the City Manager or designee to submit an application to the Strategic Growth Council for the Community Resiliency Centers (CRC) Program Planning Grant and execute all related documents if awarded; and

2. If awarded funding, authorize the Agency Director of Administrative Services to appropriate up to $500,000 in revenues and expenditures for eligible project activities through the CRC Planning Program Grant.

Executive Summary
Staff is recommending authorization to apply to the California Strategic Growth Council (SGC) Community Resiliency Centers (CRC) Planning Grant for up to $500,000. Which if awarded, will allow the City to conduct community needs assessment, design a community engagement plan, identify potential project sites, build capacity, and complete fiscal analysis. A Planning Grant application is recommended to prepare the City to be competitive in future grant rounds to fund project development and implementation. The potential planning grant award ranges from $100,000 - $500,000.

Background
The California Strategic Growth Council (SGC) is a cabinet level committee that is tasked with coordinating the activities of state agencies to coordinate and work collaboratively with public agencies, communities, and stakeholders to achieve sustainability, equity, economic prosperity, and quality of life for all Californians. In the

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2021–2022 Climate Resilience budget, SGC was allocated $100 million to implement the Community Resilience Centers (CRC) Program. The purpose of the program is to build the resilience of under-resourced communities to climate impacts and act as a strategy towards the State’s Extreme Heat Action Plan. Community Resiliency Centers are recognized as facilities that mitigate the public health impacts of extreme heat and other emergency situations exacerbated by climate change that serve specific functions including hydration stations, cooling centers, clean air centers, respite centers, and community evacuation and emergency response centers. The program provides funding for physical infrastructure, including retrofits and new construction of facilities and accompanying campus amenities, as well as social infrastructure, including integrated delivery of services and programs to share knowledge, build networks, and strengthen capacity. The program will fund year-round services and ongoing programming where $25 million will be available in the 2022–2023 fiscal year and $75 million in the 2023–2024 fiscal year.

SGC has three different types of competitive grants for Community Resilience Centers:
•The Planning Grant is to support activities such as conducting a community needs assessment, designing a community engagement plan, identifying/ preparing potential project sites, building internal and external capacity, complete fiscal analysis for developments, construction, and maintenance cost, and updating local planning policies. The planning grant is intended to be prepared for future rounds of fundings, such as the Project Development and Implementation Grant Planning grant awards range from $100,000 - $500,000. •The Project Development Grant is to fund pre-development and basic infrastructure activities such as site assessment, design plans, surveys, permitting, acquisition. Other activities include developing critical utility infrastructure at potential project sites, developing plans for future CRC sites, and sustaining capacity of project partners. Project development grants range from $500,000 - $5,000,000.
•The Implementation Grant is designed to fund construction, retrofitting, or upgrading of proposed CRC facility, construct and develop amenities near the facility, purchase materials, administer and fund staffing for services and programs at the proposed facility. Implementation grants range from $1,000,000 to $10,000,000.

Discussion
Staff recommends that the City applies for the CRC Round 1 Planning Grant Application to strategically prepare the City and its community for climate emergencies in line with the guidelines and initiatives set forth by the California Strategic Growth Council. A planning grant will help lay the groundwork and establishing competitiveness for future project development and implementation grants.

Activities would include preparing a project site, conducting fiscal analyses and studies,

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establishing partnerships, enhancing capacity, and designing and improving community engagement. Planning activities will help staff assess current facility sites and their capabilities and amenities with considerations for both human and animal sheltering needs with community engagement helping steer decision making.

Renovations, enhancements, and feasibility studies will be conducted to ensure these facilities are appropriately equipped to fulfill their roles as emergency shelters and service centers for the communities. Other allowable activities will be considered throughout the application process. Staff’s intent would be to prepare a program that will show competitiveness for future rounds of funding for the Project Development and Implementation Grants.
2021-2025 Strategic Targets and Goals
The request to approve this grant application aligns with No. 3: Improved Quality of Life through evaluating our public safety service delivery models to enhance the quality of service in the event of a natural disaster.

Fiscal Impact
There is no additional Genera Fund Impact associated with this action. If awarded, the Agency Director of Administrative Services would appropriate up to $500,000 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the CRC Planning Program Grant fund.

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

1. Adopt Resolution No. 2023-128 authorizing the City Manager or designee to submit an application to the Strategic Growth Council for the Community Resiliency Centers (CRC) Program Planning Grant and execute all related documents if awarded; and

2. If awarded funding, authorize the Agency Director of Administrative Services to appropriate up to $500,000 in revenues and expenditures for eligible project activities through the CRC Planning Program Grant.

Attachments

1. Attachment – Resolution No. 2023-128
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A

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Resolution No. 2023-128
Resolution 2023-128
August 16, 2023

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RESOLUTION NO. 2023-128

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

SUBMIT AN APPLICATION FOR THE COMMUNITY

RESILIENCY CENTERS (CRC) PROGRAM PLANNING

GRANT FROM THE STRATEGIC GROWTH COUNCIL

AND EXECUTE ALL RELATED DOCUMENTS, IF
AWARDED. IF AWARDED, AUTHORIZING THE AGENCY

DIRECTOR OF ADMINISTRATIVE SERVICES TO
APPROPRIATE UP TO $500,000 IN REVENUES AND

EXPENDITURES FOR ELIGIBLE PROJECT ACTIVITIES

THROUGH THE CRC PLANNING PROGRAM GRANT
WHEREAS, In the 2021–2022 Climate Resilience budget, the Strategic Growth Council (SGC) was allocated $100 million to implement the Community Resilience Centers (CRC) Program. The direction is to build the resilience of under-resourced communities to climate impacts and as a strategy to implement the State’s Extreme Heat Action Plan. Chapter 574 (A.B. 211, Statutes of 2022), signed by the Governor in late September 2022; and WHEREAS, CRC Planning Grants support planning activities to develop community- informed Resilience Center proposals and are intended to support applicants seeking to develop Implementation Grant proposals for Rounds 2 and 3 of CRC; and WHEREAS, San Bernardino County Fire Protection Districts’ Office of Emergency Services have a contractual obligation to provide emergency operation services to the City of San Bernardino once City resources are exhausted; and
WHEREAS, The City of San Bernardino Desires to apply and participate in the Program which provides up to $500,000 per grantee; and
WHEREAS, the SGC program application guidelines require submission of a resolution of the Mayor and City Council of the City of San Bernardino, California, approving authorization to apply to the Community Resiliency Centers Program Planning Grant, accept a CRC planning grant, and authority to execute all related documents if awarded.

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

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

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Resolution No. 2023-128
Resolution 2023-128
August 16, 2023

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SECTION 2. Adopt Resolution No. 2023-128 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or designee to submit an application for the Community Resiliency Centers (CRC) Program Planning Grant from the Strategic Growth Council and execute all related documents if awarded.

SECTION 3. If awarded funding, authorizing the Agency Director of Administrative Services to appropriate up to $500,000 in revenues and expenditures for eligible project activities through the CRC Planning Program Grant.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th 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. 2023-128
Resolution 2023-128
August 16, 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. 2023-128, adopted at a regular meeting held on the 16th 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 16, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
By: Suzie Soren, Director of Human Resources
Department: Human Resources
Subject: Approving the Capital Improvement Project Manager Job Classification and Amending the Salary Schedule
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-129:

1. Establishing the Capital Improvement Project Manager job classification;

2. Authorizing the City Manager or his designee to add one (1) FTE for Fiscal Year 23/24; and

3. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

Executive Summary
To continue to meet our goal of improving service delivery, economic vitality, and quality of life, staff recommends establishing an additional classification to oversee capital improvement projects. The Capital Improvement Project Manager will plan, coordinate, and supervise the development and administration of the City’s Capital Improvement program. The Public Works department will use existing salary savings to fund the position.

Background
The Mayor and City Council requested an update on the Capital Improvement Program (CIP) and a special meeting was called on June 26, 2023. At that meeting, it became evident the City needed a dedicated person to manage the CIP Program and CIP

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Projects.

Major capital improvements can often be complex requiring several years of strategic planning, design, and funding before construction begins. Establishing the classification of Capital Improvement Project Manager will better position the Public Works team to manage CIP projects, assess the needs of the community, Mayor and City Council priorities, and available funding.

Discussion
The Capital Improvement Project Manager is a single position classification characterized by the incumbent’s responsibility for planning and coordinating the administrative and fiscal aspects of the City’s Capital Improvement Program. The CIP Manager will work with teams made up of other City staff, other agency staff, design or construction professionals, and project stakeholders. The CIP Manager will be expected to provide leadership for CIP project teams and may exercise functional supervision of professional, sub-professional, and contract personnel. The position will be in salary range 591, $9,165.01-$11,140.78.

As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.
2021-2025 Strategic Targets and Goals
Establishing the proposed classification and amending the salary schedule aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the City to improve service delivery, economic vitality, and quality of life.

Fiscal Impact
Assuming a start date of October 1, 2023, the total impact for the remainder of Fiscal Year 2023/24 is $130,000. The Public Works department will be using existing salary savings to cover the cost associated with adding an FTE.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-129:

1. Establishing the Capital Improvement Project Manager job classification;

2. Authorizing the City Manager or his designee to add one (1) FTE for Fiscal Year 23/24; and

3. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

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Attachments
Attachment 1 – Resolution No. 2023-129
Attachment 2 – Resolution 2023-129; Exhibit A - Salary Schedule Ward:

All Wards
Synopsis of Previous Council Actions
N/A

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Resolution No. 2023-129
Resolution 2023-129
August 16, 2023

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RESOLUTION NO. 2023-129

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, 1.

ESTABLISHING THE CAPITAL IMPROVEMENT
PROJECT MANAGER JOB CLASSIFICATION; 2.

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO ADD ONE (1) FTE FOR FISCAL YEAR 23/24; AND 3.

AMENDING THE CITY-WIDE SALARY SCHEDULE FOR

FULL-TIME, PART-TIME, TEMPORARY, AND

SEASONAL POSITIONS
WHEREAS, to continue to meet our goal of improving service delivery, economic vitality and quality of life, staff recommends establishing an additional classification to oversee capital improvement projects; and
WHEREAS, major capital improvements can often be complex requiring several years of strategic planning, design, and funding before construction begins; and WHEREAS, establishing the classification of Capital Improvement Project Manager will better position the Public Works team to manage CIP projects, assess the needs of the community, Mayor and City Council priorities, and available funding; and WHEREAS, the salary schedule includes all adopted and approved classification and salaries; and
WHEREAS, the salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.

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 classification of Capital Improvement Project Manager, range 591, $9,165.01-$11,140.78/month, is hereby established and approved.

SECTION 3. The City Manager or his designee is hereby authorized to add one (1) FTE for Fiscal Year 23/24.

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Resolution No. 2023-129
Resolution 2023-129
August 16, 2023

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SECTION 4. The city-wide salary schedule incorporated herein as Exhibit A, is hereby approved.

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

SECTION 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 16th 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. 2023-129
Resolution 2023-129
August 16, 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. 2023-129, adopted at a regular meeting held on the 16th day of August 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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ADOPTED 08/02/23
EFFECTIVE 08/03/23
CLASS

CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/

MONTHLY UNIT
30011 ACCOUNTANT I (FLEX) 465 $5,001.98 $6,080.40 MONTHLY GENERAL 30012 ACCOUNTANT II 485 $5,527.33 $6,718.81 MONTHLY GENERAL 10012 ACCOUNTANT II - PAYROLL 485 $5,401.95 $6,566.40 MONTHLY CONFIDENTIAL 20013 ACCOUNTANT III 520 $6,575.74 $7,993.21 MONTHLY MIDDLE MANAGEMENT 10860 ACCOUNTING DIVISION MANAGER (U) 608 $9,976.33 $12,126.50 MONTHLY MANAGEMENT 30017 ACCOUNTING TECHNICIAN I (FLEX) 399 $3,599.92 $4,374.65 MONTHLY GENERAL 30018 ACCOUNTING TECHNICIAN II 419 $3,976.75 $4,833.51 MONTHLY GENERAL 30030 ACCOUNTING TECHNICIAN III 437 $4,350.27 $5,287.93 MONTHLY GENERAL 30709 ADMINISTRATIVE ASSISTANT 400 $3,617.65 $4,396.82 MONTHLY GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U) 464 $4,864.68 $5,913.23 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U) 410 $3,716.48 $4,516.97 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U) 430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,906.04 $4,747.69 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,494.91 $6,678.72 MONTHLY MIDDLE MANAGEMENT 10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 535 $6,931.44 $8,425.18 MONTHLY MANAGEMENT 09710 AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES (U) 692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 09525 AGENCY DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U) 692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 09760 AGENCY DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U) 692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 30140 A NIMAL CONTROL OFFICER I (FLEX) 411 $3,821.59 $4,645.09 MONTHLY GENERAL 30141 ANIMAL CONTROL OFFICER II 424 $4,077.61 $4,956.53 MONTHLY GENERAL 30092 ANIMAL LICENSE INSPECTOR 370 $3,114.46 $3,786.12 MONTHLY GENERAL 20320 ANIMAL SERVICES MANAGER 526 $6,775.07 $8,235.73 MONTHLY MIDDLE MANAGEMENT 30130 ANIMAL SERVICES REPRESENTATIVE 370 $3,114.46 $3,786.12 MONTHLY GENERAL 20319 ANIMAL SERVICES SUPERVISOR 478 $5,333.23 $6,482.71 MONTHLY MIDDLE MANAGEMENT 30119 ANIMAL SHELTER ATTENDANT 370 $3,114.46 $3,786.12 MONTHLY GENERAL 00300 APPRENTICE (PT) 381 $2,969.00 $3,608.00 MONTHLY NA 20620 AQUATICS SUPERVISOR 468 $5,073.00 $6,167.11 MONTHLY MIDDLE MANAGEMENT 30400 ARBORIST 452 $4,688.31 $5,699.13 MONTHLY GENERAL
30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,956.26 $7,239.73 MONTHLY GENERAL 10492 ASSISTANT BUILDING OFFICIAL 583 $8,806.47 $10,704.25 MONTHLY MANAGEMENT 30271 ASSISTANT BUYER 430 $4,201.75 $5,106.16 MONTHLY GENERAL 50141 ASSISTANT CHIEF OF POLICE P6 $23,765.30 $23,765.30 MONTHLY POLICE MANAGEMENT 10644 ASSISTANT CITY MANAGER (U) 705 $16,184.19 $19,669.95 MONTHLY EXECUTIVE 00212 ASSISTANT LITERACY PROGRAM COORDINATOR (PT) (GRANT FUNDED) 385 $3,029.00 $3,681.00 MONTHLY NA 30168 ASSISTANT PLANNER (FLEX) 486 $5,555.04 $6,752.06 MONTHLY GENERAL 10216 ASSISTANT TO THE CITY MANAGER (U) 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 10104 ASSISTANT TO THE MAYOR I (U) 430 $4,106.44 $4,990.33 MONTHLY MANAGEMENT 10105 ASSISTANT TO THE MAYOR II (U) 480 $5,268.72 $6,403.92 MONTHLY MANAGEMENT 10106 ASSISTANT TO THE MAYOR III (U) 530 $6,761.38 $8,218.29 MONTHLY MANAGEMENT 10107 ASSISTANT TO THE MAYOR IV (U) 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 20169 ASSOCIATE PLANNER 515 $6,414.06 $7,796.09 MONTHLY MIDDLE MANAGEMENT City of San Bernardino
Salary Schedule
SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 1 of 8

EXHIBIT A

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ADOPTED 08/02/23
EFFECTIVE 08/03/23
CLASS

CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/

MONTHLY UNIT
00194 BACKGROUND INVESTIGATOR (PT) 493 $5,190.00 $6,308.00 MONTHLY NA 10060 BUDGET DIVISION MANAGER (U) 608 $9,976.33 $12,126.50 MONTHLY MANAGEMENT 10062 BUDGET OFFICER 581 $8,719.81 $10,598.09 MONTHLY MANAGEMENT 20250 BUILDING INSPECTION SUPERVISOR 542 $7,338.73 $8,920.10 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX) 460 $4,878.95 $5,930.77 MONTHLY GENERAL 30073 BUILDING INSPECTOR II 487 $5,582.75 $6,785.31 MONTHLY GENERAL 30074 BUILDING INSPECTOR III 511 $6,292.09 $7,648.71 MONTHLY GENERAL 10500 BUILDING OFFICIAL (U) 613 $10,228.72 $12,431.96 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 459 $4,854.57 $5,900.85 MONTHLY GENERAL 20263 BUSINESS REGISTRATION MANAGER 530 $6,912.39 $8,401.84 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,976.75 $4,833.51 MONTHLY GENERAL 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,180.69 $5,080.67 MONTHLY GENERAL 20271 BUYER 460 $4,874.77 $5,925.69 MONTHLY MIDDLE MANAGEMENT 30292 CEMETERY CARETAKER 395 $3,527.87 $4,288.20 MONTHLY GENERAL PENDING CAPITAL IMPROVEMENT PROJECT MANAGER 591 $9,165.01 $11,140.78 MONTHLY MANAGEMENT 10398 CHIEF DEPUTY CITY CLERK (U) 565 $8,050.39 $9,785.69 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE NA $28,565.57 $28,565.57 MONTHLY EXECUTIVE 10399 CITY CLERK (U) NA $10,590.00 $12,873.00 MONTHLY NA 00601 CITY COUNCIL NA $3,125.00 $3,125.00 MONTHLY NA
10370 CITY MANAGER (U) NA $23,750.00 $23,750.00 MONTHLY MANAGEMENT 10495 CIVIL ENGINEERING DIVISION MANAGER (U) 620 $10,591.59 $12,873.91 MONTHLY MANAGEMENT 10273 CODE ENFORCEMENT DIVISION MANAGER (U) 563 $7,970.23 $9,688.20 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I (FLEX) 441 $4,437.83 $5,394.33 MONTHLY GENERAL 30455 CODE ENFORCEMENT OFFICER II 472 $5,180.42 $6,296.53 MONTHLY GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,321.79 $6,468.91 MONTHLY CONFIDENTIAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,996.70 $4,857.89 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,549.77 $5,530.66 MONTHLY GENERAL 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,372.43 $5,314.53 MONTHLY GENERAL 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U) 600 $9,586.38 $11,652.05 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $5,128.33 $6,234.46 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,869.18 $9,564.61 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,407.06 $4,141.90 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,605.65 $6,813.83 MONTHLY MIDDLE MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,827.15 $5,867.00 MONTHLY MIDDLE MANAGEMENT 30758 COMMUNITY SERVICES OFFICER 427 $4,138.57 $5,030.79 MONTHLY GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,386.39 $6,546.94 MONTHLY MIDDLE MANAGEMENT 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,372.43 $5,314.53 MONTHLY GENERAL 20424 CONSTRUCTION MANAGER 585 $9,093.96 $11,052.95 MONTHLY MIDDLE MANAGEMENT 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U) 506 $5,998.80 $7,291.06 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,617.65 $4,396.82 MONTHLY GENERAL 30603 CRIME ANALYST 493 $5,752.33 $6,991.46 MONTHLY GENERAL 00605 CRIME DATA TECHNICIAN (PT) 362 $2,700.00 $3,282.00 MONTHLY NA 20600 CRIME FREE PROGRAM COORDINATOR 490 $5,662.13 $6,882.49 MONTHLY MIDDLE MANAGEMENT 30602 CRIMINAL INVESTIGATION OFFICER 493 $5,752.33 $6,991.46 MONTHLY GENERAL 00054 CUSTODIAL AIDE (PT) 361 $2,687.00 $3,266.00 MONTHLY NA SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 2 of 8

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ADOPTED 08/02/23
EFFECTIVE 08/03/23
CLASS

CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/

MONTHLY UNIT
20616 CUSTODIAL SUPERVISOR 477 $5,306.66 $6,449.49 MONTHLY MIDDLE MANAGEMENT 30621 CUSTODIAN 368 $3,083.43 $3,748.43 MONTHLY GENERAL 30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,373.81 $4,100.89 MONTHLY GENERAL 30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 396 $3,545.61 $4,310.37 MONTHLY GENERAL 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U) 396 $3,545.61 $4,310.37 MONTHLY GENERAL 30224 CUSTOMER SERVICE REPRESENTATIVE (U) 386 $3,373.81 $4,100.89 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,505.44 $5,476.35 MONTHLY GENERAL 10650 DEPUTY CITY CLERK I (U) 490 $5,538.44 $6,732.13 MONTHLY CONFIDENTIAL 10654 DEPUTY CITY CLERK II (U) 530 $6,761.38 $8,218.29 MONTHLY MANAGEMENT 10372 DEPUTY CITY MANAGER (U) 681 $14,357.90 $17,452.63 MONTHLY MANAGEMENT 10066 DEPUTY DIRECTOR OF FINANCE (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10610 DEPUTY DIRECTOR OF HUMAN RESOURCES (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10830 DEPUTY DIRECTOR OF OPERATIONS (U) 629 $11,077.95 $13,465.34 MONTHLY MANAGEMENT 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U) 612 $10,177.81 $12,370.22 MONTHLY MANAGEMENT 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U) 678 $14,144.51 $17,192.66 MONTHLY MANAGEMENT 10802 DEPUTY DIRECTOR/CITY PLANNER (U) 662 $13,060.22 $15,874.39 MONTHLY MANAGEMENT 10400 DEPUTY LIBRARY DIRECTOR (U) 575 $8,462.01 $10,286.13 MONTHLY MANAGEMENT 40466 DETECTIVE/CORPORAL P2 $8,746.90 $11,471.16 MONTHLY POLICE SAFETY 10685 DIRECTOR OF ANIMAL SERVICES (U) 630 $11,133.20 $13,532.50 MONTHLY EXECUTIVE 10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U) 692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 10711 DIRECTOR OF FINANCE (U) 692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 10665 DIRECTOR OF HUMAN RESOURCES (U) 660 $12,930.24 $15,716.25 MONTHLY EXECUTIVE 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U) 660 $12,930.24 $15,716.25 MONTHLY EXECUTIVE 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U) 662 $13,060.22 $15,874.39 MONTHLY EXECUTIVE 10753 DIRECTOR OF PUBLIC WORKS (U) 692 $15,168.14 $18,436.18 MONTHLY EXECUTIVE 20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $8,027.54 $9,757.29 MONTHLY MIDDLE MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U) 590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U) 600 $9,586.38 $11,652.05 MONTHLY MANAGEMENT 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,852.17 $9,544.13 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,821.15 $7,075.51 MONTHLY CONFIDENTIAL 30831 ELECTRICIAN I (FLEX) 445 $4,527.60 $5,502.95 MONTHLY GENERAL 30841 ELECTRICIAN II 465 $5,001.98 $6,080.40 MONTHLY GENERAL 10367 EMERGENCY OPERATIONS MANAGER 565 $8,050.39 $9,785.69 MONTHLY MANAGEMENT 30432 ENGINEERING ASSISTANT I (FLEX) 450 $4,641.76 $5,642.60 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 475 $5,258.00 $6,391.85 MONTHLY GENERAL 30436 ENGINEERING ASSISTANT III 511 $6,292.09 $7,648.71 MONTHLY GENERAL 20441 ENGINEERING ASSOCIATE 532 $6,981.04 $8,486.00 MONTHLY MIDDLE MANAGEMENT 10180 ENGINEERING PROJECT MANAGER 590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 30445 ENGINEERING TECHNICIAN 446 $4,549.77 $5,530.66 MONTHLY GENERAL 10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,828.53 $8,300.61 MONTHLY MANAGEMENT 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,977.59 $6,050.47 MONTHLY GENERAL 20444 ENVIRONMENTAL PROJECT MANAGER 560 $8,027.54 $9,757.29 MONTHLY MIDDLE MANAGEMENT 20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,675.38 $9,329.84 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 3 of 8

Packet Pg.
136

ADOPTED 08/02/23
EFFECTIVE 08/03/23
CLASS

CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/

MONTHLY UNIT
20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,675.40 $8,113.91 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX) 431 $4,221.70 $5,131.65 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 450 $4,641.76 $5,642.60 MONTHLY GENERAL 30943 EQUIPMENT SERVICE WORKER 408 $3,765.06 $4,576.37 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $4,201.75 $5,106.16 MONTHLY GENERAL 10707 EXECUTIVE ASSISTANT (U) 430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U) 464 $4,864.68 $5,913.23 MONTHLY CONFIDENTIAL 10978 EXECUTIVE ASSISTANT TO MAYOR (U) 502 $5,879.65 $7,147.00 MONTHLY CONFIDENTIAL 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U) 502 $5,879.65 $7,147.00 MONTHLY CONFIDENTIAL 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U) 550 $7,469.79 $9,080.52 MONTHLY MANAGEMENT 00083 EXTRA RELIEF HEAVY LABORER (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U) 591 $9,165.01 $11,140.78 MONTHLY MANAGEMENT 30623 FACILITIES MAINTENANCE MECHANIC 420 $3,996.70 $4,857.89 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,414.06 $7,796.09 MONTHLY MIDDLE MANAGEMENT 10512 FINANCIAL ANALYST 532 $6,828.53 $8,300.61 MONTHLY MANAGEMENT 30506 FLEET PARTS STOREKEEPER 398 $3,581.07 $4,353.59 MONTHLY GENERAL 30944 FLEET PARTS TECHNICIAN 438 $4,372.43 $5,314.53 MONTHLY GENERAL 00259 FOOD SERVICE PROGRAM SPECIALIST (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 20060 FOOD SERVICE SUPERVISOR 478 $5,333.23 $6,482.71 MONTHLY MIDDLE MANAGEMENT 30165 FORENSICS SPECIALIST I (FLEX) 448 $4,596.32 $5,586.08 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 478 $5,337.81 $6,488.27 MONTHLY GENERAL 20160 FORENSICS SUPERVISOR 543 $7,375.28 $8,964.40 MONTHLY MIDDLE MANAGEMENT 20490 FORESTRY SUPERVISOR 542 $7,338.73 $8,920.10 MONTHLY MIDDLE MANAGEMENT 10624 GIS ADMINISTRATOR 580 $8,676.49 $10,546.10 MONTHLY CONFIDENTIAL 10623 GIS ANALYST 483 $5,347.79 $6,500.32 MONTHLY CONFIDENTIAL 10730 GRANT DIVISION MANAGER (U) 601 $9,634.04 $11,710.55 MONTHLY MANAGEMENT 10778 GRANT WRITER 506 $5,998.80 $7,291.06 MONTHLY CONFIDENTIAL 30133 GRANTS ANALYST 476 $5,284.61 $6,423.99 MONTHLY GENERAL 30136 GRANTS ASSISTANT 390 $3,441.42 $4,182.91 MONTHLY GENERAL 20100 GRANTS MANAGER (U) 506 $6,132.78 $7,453.90 MONTHLY MIDDLE MANAGEMENT 30098 GROUNDWORKER ARBORIST 392 $3,475.78 $4,225.02 MONTHLY GENERAL 30516 HAZMAT TECHNICIAN 452 $4,688.31 $5,699.13 MONTHLY GENERAL 10700 HOMELESS SERVICES COORDINATOR 556 $7,697.27 $9,355.66 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,821.15 $7,075.51 MONTHLY MANAGEMENT 10129 HOUSING DIVISION MANAGER (U) 601 $9,634.04 $11,710.55 MONTHLY MANAGEMENT 10657 HUMAN RESOURCES ANALYST 518 $6,368.17 $7,740.59 MONTHLY CONFIDENTIAL 10683 HUMAN RESOURCES ANALYST I 500 $5,821.15 $7,075.51 MONTHLY CONFIDENTIAL 10684 HUMAN RESOURCES ANALYST II 518 $6,368.17 $7,740.59 MONTHLY CONFIDENTIAL 10682 HUMAN RESOURCES ANALYST TRAINEE 476 $5,164.73 $6,278.27 MONTHLY CONFIDENTIAL 10672 HUMAN RESOURCES DIVISION MANAGER (U) 590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 10673 HUMAN RESOURCES GENERALIST 490 $5,538.44 $6,732.13 MONTHLY CONFIDENTIAL 30207 HUMAN RESOURCES TECHNICIAN 418 $3,956.80 $4,810.23 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,878.95 $5,930.77 MONTHLY GENERAL 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX) 498 $5,763.74 $7,006.18 MONTHLY CONFIDENTIAL 10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,432.08 $7,818.59 MONTHLY CONFIDENTIAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 4 of 8

Packet Pg.
137

ADOPTED 08/02/23
EFFECTIVE 08/03/23
CLASS

CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/

MONTHLY UNIT
10637 INFORMATION TECHNOLOGY MANAGER 599 $9,538.72 $11,593.56 MONTHLY MANAGEMENT 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,761.38 $8,218.29 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX) 430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX) 447 $4,573.05 $5,558.37 MONTHLY GENERAL 30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $5,052.96 $6,141.36 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE NA $34.77 $34.77 HOURLY NA 30113 LEAD ANIMAL CONTROL OFFICER 437 $4,350.27 $5,287.93 MONTHLY GENERAL 30080 LEAD BUILDING INSPECTOR 526 $6,780.88 $8,242.79 MONTHLY GENERAL 30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,897.52 $7,168.80 MONTHLY GENERAL 30311 LEAD CUSTODIAN 397 $3,563.34 $4,331.43 MONTHLY GENERAL 30932 LEAD EQUIPMENT MECHANIC 470 $5,128.33 $6,234.46 MONTHLY GENERAL 20170 LEAD FORENSICS SPECIALIST 516 $6,446.17 $7,834.85 MONTHLY MIDDLE MANAGEMENT 30490 LEAD MAINTENANCE WORKER 452 $4,688.31 $5,699.13 MONTHLY GENERAL 30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $5,154.93 $6,265.49 MONTHLY GENERAL 10319 LEGAL ADMINISTRATIVE ASSISTANT (U) 497 $5,734.50 $6,970.44 MONTHLY CONFIDENTIAL 30335 LIBRARIAN I (FLEX) 450 $4,641.76 $5,642.60 MONTHLY GENERAL 30366 LIBRARIAN II 479 $5,364.41 $6,520.41 MONTHLY GENERAL 30341 LIBRARY ASSISTANT 370 $3,114.46 $3,786.12 MONTHLY GENERAL 20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,874.77 $5,925.69 MONTHLY MIDDLE MANAGEMENT 10401 LIBRARY DIRECTOR (U) 635 $11,414.83 $13,873.71 MONTHLY MANAGEMENT 20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,718.61 $6,951.14 MONTHLY MIDDLE MANAGEMENT 30380 LIBRARY NETWORK TECHNICIAN 422 $4,036.60 $4,906.66 MONTHLY GENERAL 00361 LIBRARY PAGE (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 20387 LIBRARY PROGRAM COORDINATOR 450 $4,637.79 $5,637.77 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I (FLEX) 380 $3,274.06 $3,980.08 MONTHLY GENERAL 30392 LIBRARY TECHNICIAN II 402 $3,653.12 $4,441.15 MONTHLY GENERAL 00133 LIFEGUARD (PT) 370 $2,810.00 $3,416.00 MONTHLY NA 30215 LITERACY PROGRAM COORDINATOR 470 $5,128.33 $6,234.46 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 522 $6,642.18 $8,072.94 MONTHLY MIDDLE MANAGEMENT 30486 MAINTENANCE WORKER I (FLEX) 393 $3,493.51 $4,246.08 MONTHLY GENERAL 30487 MAINTENANCE WORKER II 415 $3,898.06 $4,738.19 MONTHLY GENERAL 30488 MAINTENANCE WORKER III 425 $4,097.56 $4,980.92 MONTHLY GENERAL 10530 MANAGEMENT ANALYST I (FLEX) 476 $5,164.73 $6,278.27 MONTHLY MANAGEMENT 10531 MANAGEMENT ANALYST I (FLEX)(U) 476 $5,164.73 $6,278.27 MONTHLY MANAGEMENT 10532 MANAGEMENT ANALYST II 506 $5,998.80 $7,291.06 MONTHLY MANAGEMENT 10533 MANAGEMENT ANALYST II (U) 506 $5,998.80 $7,291.06 MONTHLY MANAGEMENT 10516 MARKETING & MEDIA SPECIALIST 476 $5,164.73 $6,278.27 MONTHLY CONFIDENTIAL 30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,903.33 $5,960.70 MONTHLY GENERAL 00502 MAYOR NA $4,166.67 $4,166.67 MONTHLY NA
10503 MAYOR'S CHIEF OF STAFF (U) 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U) 561 $7,891.16 $9,591.80 MONTHLY MANAGEMENT 10528 NETWORK SYSTEMS ADMINISTRATOR 566 $8,090.47 $9,834.43 MONTHLY CONFIDENTIAL 30425 NPDES INSPECTOR I (FLEX) 461 $4,903.33 $5,960.70 MONTHLY GENERAL 30426 NPDES INSPECTOR II 485 $5,527.33 $6,718.81 MONTHLY GENERAL 20555 NPDES MANAGER 525 $6,741.85 $8,194.75 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 5 of 8

Packet Pg.
138

ADOPTED 08/02/23
EFFECTIVE 08/03/23
CLASS

CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/

MONTHLY UNIT
10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U) 591 $9,165.01 $11,140.78 MONTHLY MANAGEMENT 30581 PARKING ENFORCEMENT OFFICER 380 $3,274.06 $3,980.08 MONTHLY GENERAL 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $7,050.81 $8,571.27 MONTHLY MIDDLE MANAGEMENT 30611 PARKS MAINTENANCE WORKER I (FLEX) 390 $3,441.42 $4,182.91 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 421 $4,016.65 $4,882.27 MONTHLY GENERAL 10064 PAYROLL SUPERVISOR 521 $6,464.58 $7,857.58 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $4,106.44 $4,990.33 MONTHLY CONFIDENTIAL 20400 PERMIT SERVICES SUPERVISOR 494 $5,776.19 $7,020.91 MONTHLY MIDDLE MANAGEMENT 30691 PLANNING AIDE 456 $4,782.52 $5,813.29 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U) 594 $9,303.66 $11,308.68 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX) 499 $5,927.45 $7,204.26 MONTHLY GENERAL 30682 PLANS EXAMINER II 534 $7,056.85 $8,578.62 MONTHLY GENERAL 30481 PLUMBER 450 $4,641.76 $5,642.60 MONTHLY GENERAL
00192 POLICE CADET (PT) NA $15.50 $17.00 HOURLY NA
00520 POLICE CALL TAKER (PT) 396 $19.85 $24.14 HOURLY NA 50283 POLICE CAPTAIN P5 $19,412.09 $19,412.09 MONTHLY POLICE MANAGEMENT 20775 POLICE DISPATCH MANAGER 528 $6,843.73 $8,318.78 MONTHLY MIDDLE MANAGEMENT 20772 POLICE DISPATCH SUPERVISOR 498 $5,892.47 $7,162.66 MONTHLY MIDDLE MANAGEMENT 32767 POLICE DISPATCHER I (FLEX) 425 $4,146.40 $5,040.29 MONTHLY POLICE DISPATCHER 32768 POLICE DISPATCHER II 456 $4,839.53 $5,882.58 MONTHLY POLICE DISPATCHER 30848 POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,581.07 $4,353.59 MONTHLY GENERAL 50402 POLICE LIEUTENANT P4 $16,494.29 $16,494.29 MONTHLY POLICE MANAGEMENT 40751 POLICE OFFICER P1 $7,532.62 $10,059.74 MONTHLY POLICE SAFETY 30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $4,201.75 $5,106.16 MONTHLY GENERAL 20765 POLICE RECORDS SUPERVISOR 464 $4,973.33 $6,045.29 MONTHLY MIDDLE MANAGEMENT 30219 POLICE RECORDS TECHNICIAN I (FLEX) 369 $3,098.94 $3,767.28 MONTHLY GENERAL 30220 POLICE RECORDS TECHNICIAN II 390 $3,441.42 $4,182.91 MONTHLY GENERAL 40332 POLICE SERGEANT P3 $9,898.35 $12,962.73 MONTHLY POLICE SAFETY 30585 POOL MAINTENANCE COORDINATOR 421 $4,016.65 $4,882.27 MONTHLY GENERAL 00331 POOL MANAGER I (PT) 421 $3,624.00 $4,405.00 MONTHLY NA 00333 POOL MANAGER II (PT) 443 $4,044.00 $4,916.00 MONTHLY NA 20019 PRINCIPAL ACCOUNTANT 550 $7,636.62 $9,283.33 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 600 $9,586.38 $11,652.05 MONTHLY MANAGEMENT 10243 PRINCIPAL PLANNER 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,575.74 $7,993.21 MONTHLY MIDDLE MANAGEMENT 00360 PROGRAMMING/TRAFFIC ASSISTANT 400 $3,264.00 $3,967.00 MONTHLY NA 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U) 550 $7,469.79 $9,080.52 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,469.79 $9,080.52 MONTHLY MANAGEMENT 20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,776.19 $7,020.91 MONTHLY MIDDLE MANAGEMENT 30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX) 411 $3,821.59 $4,645.09 MONTHLY GENERAL 30948 PROPERTY AND EVIDENCE TECHNICIAN II 472 $5,180.42 $6,296.53 MONTHLY GENERAL 10212 PUBLIC INFORMATION OFFICER (U) 593 $9,257.08 $11,252.35 MONTHLY MANAGEMENT 30580 PUBLIC WORKS INSPECTOR I (FLEX) 476 $5,284.61 $6,423.99 MONTHLY GENERAL 30583 PUBLIC WORKS INSPECTOR II 499 $5,927.45 $7,204.26 MONTHLY GENERAL 30584 PUBLIC WORKS INSPECTOR III 529 $6,883.95 $8,366.92 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 6 of 8

Packet Pg.
139

ADOPTED 08/02/23
EFFECTIVE 08/03/23
CLASS

CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/

MONTHLY UNIT
10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $6,119.03 $7,438.38 MONTHLY MANAGEMENT 10863 PURCHASING DIVISION MANAGER (U) 598 $9,491.06 $11,536.15 MONTHLY MANAGEMENT 30770 RANGEMASTER 465 $5,001.98 $6,080.40 MONTHLY GENERAL 10440 REAL PROPERTY MANAGER 580 $8,676.49 $10,546.10 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U) 460 $4,768.28 $5,796.24 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 00244 RECREATION LEADER (PT) 368 $2,782.00 $3,382.00 MONTHLY NA 00230 RECREATION SPECIALIST (PT) 393 $3,152.00 $3,831.00 MONTHLY NA 00256 RECREATION SUPERVISOR (AQUATICS) (PT) 481 $4,888.00 $5,942.00 MONTHLY NA 30825 RECREATION THERAPIST 468 $5,077.34 $6,172.39 MONTHLY GENERAL 30115 REGISTERED VETERINARY TECHNICIAN 450 $4,641.76 $5,642.60 MONTHLY GENERAL 10690 RISK DIVISION MANAGER (U) 590 $9,119.52 $11,085.54 MONTHLY MANAGEMENT 10538 SAFETY OFFICER 530 $6,761.38 $8,218.29 MONTHLY CONFIDENTIAL 00266 SECURITY OFFICER I (PT) 371 $2,824.00 $3,433.00 MONTHLY NA 00265 SECURITY OFFICER II (PT) 395 $3,183.00 $3,869.00 MONTHLY NA 30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,996.70 $4,857.89 MONTHLY GENERAL 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,441.42 $4,182.91 MONTHLY GENERAL 30410 SENIOR ARBORIST 502 $6,016.12 $7,312.88 MONTHLY GENERAL 10154 SENIOR CIVIL ENGINEER 581 $8,719.81 $10,598.09 MONTHLY MANAGEMENT 30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,307.04 $5,235.84 MONTHLY GENERAL 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) 445 $4,527.60 $5,502.95 MONTHLY GENERAL 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U) 445 $4,527.60 $5,502.95 MONTHLY GENERAL 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U) 435 $4,209.34 $5,117.07 MONTHLY CONFIDENTIAL 10632 SENIOR GIS ANALYST 530 $6,761.38 $8,218.29 MONTHLY CONFIDENTIAL 10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,792.11 $5,825.49 MONTHLY CONFIDENTIAL 10689 SENIOR HUMAN RESOURCES/RISK ANALYST 559 $7,813.17 $9,496.47 MONTHLY CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,582.45 $9,217.01 MONTHLY CONFIDENTIAL 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 488 $5,483.19 $6,664.97 MONTHLY CONFIDENTIAL 00283 SENIOR LIFEGUARD (PT) 396 $3,199.00 $3,889.00 MONTHLY NA 10513 SENIOR MANAGEMENT ANALYST 556 $7,697.27 $9,355.66 MONTHLY MANAGEMENT 10514 SENIOR MANAGEMENT ANALYST (U) 556 $7,697.27 $9,355.66 MONTHLY MANAGEMENT 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $9,211.59 $11,196.02 MONTHLY CONFIDENTIAL 30710 SENIOR OFFICE ASSISTANT 375 $3,193.15 $3,881.44 MONTHLY GENERAL 10223 SENIOR OFFICE ASSISTANT (U) 375 $3,120.72 $3,793.39 MONTHLY CONFIDENTIAL 20243 SENIOR PLANNER 549 $7,598.97 $9,236.82 MONTHLY MIDDLE MANAGEMENT 00294 SENIOR RECREATION LEADER (PT) 375 $2,881.00 $3,502.00 MONTHLY NA 10300 SHELTER VETERINARIAN 644 $11,938.02 $14,511.72 MONTHLY MANAGEMENT 30978 SOLID WASTE FIELD INSPECTOR 450 $4,641.76 $5,642.60 MONTHLY GENERAL 20995 STATION MANAGER 490 $5,662.13 $6,882.49 MONTHLY MIDDLE MANAGEMENT 00019 STUDENT INTERN (PT) 361 $2,687.00 $3,266.00 MONTHLY NA 20336 TECHNOLOGY LIBRARIAN 502 $6,010.96 $7,306.62 MONTHLY MIDDLE MANAGEMENT 10443 TRAFFIC ENGINEER 573 $8,378.60 $10,184.31 MONTHLY MANAGEMENT 20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,981.04 $8,486.00 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,714.14 $9,376.35 MONTHLY MIDDLE MANAGEMENT 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $7,016.48 $8,528.08 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 7 of 8

Packet Pg.
140

ADOPTED 08/02/23
EFFECTIVE 08/03/23
CLASS

CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP TOP STEP HOURLY/

MONTHLY UNIT
30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX) 450 $4,641.76 $5,642.60 MONTHLY GENERAL 30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,499.62 $6,684.45 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $6,355.27 $7,725.19 MONTHLY GENERAL 30667 TREASURY ASSISTANT 399 $3,599.92 $4,374.65 MONTHLY GENERAL 10740 TREASURY MANAGER 598 $9,491.06 $11,536.15 MONTHLY MANAGEMENT 20666 TREASURY SUPERVISOR 502 $6,010.96 $7,306.62 MONTHLY MIDDLE MANAGEMENT 30620 VOLUNTEER COORDINATOR (GRANT FUNDED) 358 $2,933.80 $3,565.56 MONTHLY GENERAL 30000 WEED ABATEMENT COORDINATOR 462 $4,927.72 $5,990.62 MONTHLY GENERAL REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 7/20/22 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 8/17/22 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 9/21/22 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 10/19/22 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 11/2/22 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 11/16/22 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/7/22 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 1/18/23 REVISION ADOPTED BY MCC 2/17/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 6/16/21
REVISION ADOPTED BY MCC 7/21/21
REVISION ADOPTED BY MCC 8/4/21
REVISION ADOPTED BY MCC 9/15/21
REVISION ADOPTED BY MCC 10/20/21
REVISION ADOPTED BY MCC 11/3/21
REVISION ADOPTED BY MCC 2/2/22
REVISION ADOPTED BY MCC 2/16/22
REVISION ADOPTED BY MCC 3/16/22
REVISION ADOPTED BY MCC 4/6/22
REVISION ADOPTED BY MCC 5/18/22
REVISION ADOPTED BY MCC 6/15/22
(U) DENOTES UNCLASSIFIED
* Part-time, seasonal, and temporary filled positions shall be paid the hourly equivalent of the salary listed in the 2023/2024 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws, SALARY SCHEDULE FOR FISCAL YEAR 2023/2024 8 of 8

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CITY OF SAN BERNARDINO POLICE DEPARTMENT

First 6 Following Third Fourth Fifth & Sub-
JOB Months 18 Months Year Year sequent Yrs
TITLE Service Service Service Service Service

Monthly Pay Rates Effective July 1, 2023:

Police Officer $7,532.62 $8,164.13 $8,796.73 $9,428.23 $10,059.74 P-1

Detective/Corporal $8,746.90 $9,428.23 $10,109.56 $10,789.83 $11,471.16 P-2

Sergeant $9,898.35 $10,664.17 $11,430.00 $12,196.91 $12,962.73 P-3

Lieutenant -- -- -- -- $16,494.29
P-4

Captain -- -- -- -- $19,412.09
P-5

Assistant Chief -- -- -- -- $23,765.30
P-6

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 16, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager
Ed Erjavek, Library Director
Department: Library
Subject: Library Literacy Program Grant-Funded Full-Time Staff Technical Correction (All Wards)
Recommendation:

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

1. A technical correction of the grant funding that was accepted on November 2, 2022 (Resolution No. 2022-231).

2. Increase the Library Department authorized staffing by two full-time positions, one Assistant Literacy Program Coordinator and one Library Assistant for FY 2023/24.

Executive Summary
While the Mayor and City Council approved and accepted the Literacy Program grant funds on November 2, 2022, a technical correction is requested for approving the Library’s Literacy Program staffing by one full-time Assistant Literacy Program Coordinator and one full-time Library Assistant for FY 2023/24.

Background
The San Bernardino Public Library (SBPL) has a Literacy Program at the Feldheym Central Library, in the Jack L. Hill Lifelong Learning Center, that is almost entirely grant funded. The Literacy Program budget, adopted by the Mayor and City Council, is a projection based on prior years. Actual grant proceeds that the City can expect from the California Department of Education and the California State Library for California Library Literacy Services are not known until the fall of each year. The Literacy Program applies for these grants on an annual basis. The California Department of Education funding is from the Workforce Innovation and Opportunity Act, Title II: Adult Education

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and Family Literacy Act. The Literacy Program is a partner of the San Bernardino County Workforce Development Board.

Discussion
The Jack L. Hill Lifelong Learning Center offers various services to help City residents improve their lives, basic literacy services, citizenship classes, free computer classes, a Makerspace area where people can build and create items, and homework assistance for students in kindergarten through eighth grade. The Literacy Program after-school homework assistance offers both in-person assistance at the four libraries and via Zoom with a combination of Literacy Program staff and work-study students from CSUSB.

For years, the Literacy Program Coordinator has been the only full-time staff member in the Literacy Program. The current part-time staff, an Assistant Literacy Program Coordinator and a Library Assistant are integral to the program’s success with their wide range of skills and knowledge. They each work 29 hours a week and the Literacy Program funds their enrollment in CalPERS.

The English as a Second Language (ESL) grant is a new grant that is scheduled to be available to apply for on an annual basis through FY 2025/26. This grant will be very helpful in San Bernardino to provide expanded programming. Staff recommends making the two previously mentioned part-time positions into full-time for the next three years during the availability of the additional grant funding. The use of the ESL funds will also help the Literacy Program expand its hours of service, which were previously only 20 hours a week due to limited staffing capability. Plans for the ESL program include expanding marketing and outreach efforts, contracting an ESL teacher from the local Adult Education Consortium, as well as creating bilingual options for current class offerings. Using the extra ESL funding, the Literacy Program plans to contract dedicated CSUSB Federal Work Study students who can attend Homework Help and act as liaisons to encourage the adults with attending students to become lifelong learners.

The Mayor and City Council approved acceptance of the grants November 2, 2022 and authorized the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Literacy Program, including appropriating $53,642 in both revenues and expenditures for the new English as a Second Language and adjusting the Grant Fund budget to account for differences in estimated grant funding and actual grant funds received. While the intent was to leverage new ESL funds with existing grant funds to make the part-time Assistant Literacy Coordinator and part-time Library Assistant positions full time during the scheduled existence of grant funding through FY 2025/26 – the Mayor and City Council were not formally asked to approve adding one full-time Assistant Literacy Program Coordinator and one full-time Library Assistant to the Library’s number of budgeted programs, which is the requested technical correction.
2021-2025 Strategic Targets and Goals

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The acceptance and administration of this funding aligns with Key Target No. 1:

Financial Stability and Key Target No. 3: Improved Quality of Life, with customer service.

Fiscal Impact
There is no impact to the General Fund with this item. The impact to the grant funding with this action is $89,098, the difference between the cost of the part-time and full- time staff cost, broken down below.

Position Cost
Current Part-Time Staff $55,438
Library Assistant (fully burdened) $72,231
Assistant Literacy Program Coordinator (fully burdened) $72,305 TOTAL $144,536
Additional Cost to Grant $89,098
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the following:

1. A technical correction of the grant funding that was accepted on November 2, 2022 (Resolution No. 2022-231).

2. Increase the Library Department authorized staffing by two full-time positions, one Assistant Literacy Program Coordinator and one Library Assistant for FY 2023/24.

Attachments
Attachment 1 – Nov. 2, 2022 Staff Report
Attachment 2 – Resolution No. 2022-231 Library Literacy Program Grant Funding Ward:

All Wards
Synopsis of Previous Council Actions:

November 2, 2022 Adopted Resolution No. 2022-231 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting grant funding in the amounts of $141,840 from the California Department of Education; $67,465 for Adult Literacy Services, $22,906 for Family Literacy Services and

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$53,642 for English as a Second Language from the
California State Library for Literacy Program services.

2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Literacy Program including appropriating $53,642 in both revenues and expenditures for the new English as a Second Language Program and adjusting the Grant Fund budget to account for differences in estimated grant funding and actual grant funds received.

March 2, 2022 Mayor and City Council adopted Resolution 2022-45 of the Mayor and City Council of the City of San Bernardino,
California authorizing the acceptance of grant funding in the amount of $87,752 from the California State Library's
California Library Literacy Services (CLLS) and authorizing the Director of Finance to amend the FY 2021/22 adopted budget for revenue and expenditures to appropriate the
funding.

Dec 1, 2021 Mayor and City Council of the City of San Bernardino, California, accepted the Fiscal Year 2021/22 First Quarter Report and adopted Resolution No. 2021-289, authorizing an amendment to the FY 2021/22 General Fund Operating
Budget in the amount of $414,500, which included authorizing acceptance of grant funding in the amount of $128,828 from the California Department of Education.

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1 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 2, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Ed Erjavek, Library Director
Department: Library Department
Subject: Library Literacy Program Grant Funding
Recommendation
Adopt Resolution No. 2022-231 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting grant funding in the amounts of $141,840 from the California Department of Education; $67,465 for Adult Literacy Services, $22,906 for Family Literacy Services and $53,642 for English as a Second Language from the California State Library for Literacy Program services.

Background
The San Bernardino Public Library (SBPL) has a Literacy Department at the Feldheym Central Library, in the Jack L. Hill Lifelong Learning Center, that is almost entirely grant funded. The Literacy Department budget, adopted by the Mayor and City Council, is a projection as the actual amounts from the California Department of Education and the California State Library for California Library Literacy Services is not known until the fall of each year. The Literacy Program applies for these grants on annual basis. The California Department of Education funding is from the Workforce Innovation and Opportunity Act, Title II: Adult Education and Family Literacy Act. The Literacy Program is a partner of the San Bernardino County Workforce Development Board.

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1 Discussion
Various services to help City residents improve their lives, besides basic literacy services, are also offered through the Jack L. Hill Lifelong Learning Center including citizenship classes, free computer classes, a Makerspace area where people can build and create items and homework assistance for students in kindergarten through eighth grade. We are offering after-school homework assistance both in-person at our libraries and via Zoom with a combination of Literacy Department staff and work study students from CSUSB.

The Literacy Program Coordinator has been the only full-time staff member in the Literacy Department. A part-time Assistant Literacy Program Coordinator and part-time Library Assistant are integral to the program’s success with their wide range of skills and knowledge. They each work 29 hours a week as the Literacy Program funds their enrollment in CalPERS. The English as a Second Language (ESL) grant is a new grant that is scheduled to be available to apply for on an annual basis through FY 2025/26.

This grant will be very helpful in San Bernardino. To provide the expanded programming, staff recommends making the two previously mentioned part-time positions full-time for the next four years, during the availability of the additional grant funding. Unfortunately, the California State Library has disallowed some costs associated with personnel, specifically, the unfunded CalPERS liability that accompanies every full-time position. Staff requests that Mayor and City Council authorize the City to cover the approximately $25,000 per position ($50,000 per fiscal year) of additional cost. While this is a significant expense, the overall success of the Literacy Program and the value of these programs to our residents is much greater.

The use of the ESL funds will also help the Literacy Program expand its hours of service, as prior it was open to the public 20 hours a week due to limited staffing capability.

Plans for the ESL program include expanding marketing and outreach efforts, contracting an ESL teacher from the local Adult Education Consortium, as well as creating bilingual options for current class offerings. Using extra ESL funding we plan to contract dedicated CSUSB Federal Work Study students who can attend Homework Help and act as a liaison to encourage the adults of attending students to become lifelong learners.
2021-2025 Strategic Targets and Goals
The acceptance and administration of this funding aligns with Key Target No. 1:

Financial Stability and Key Target No. 3: Improved Quality of Life, with customer service.

Fiscal Impact
There is no fiscal impact to the General Fund in FY 2022/23 with the acceptance of this grant as there are no fund match requirements. The FY 2022/23 Adopted Budget

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1 for the Grant Fund will be reduced by $1,569 in the aggregate in both revenues and expenditures to account for differences in grant funding amounts versus estimates.

Additional budget of $53,642 will be added to both revenues and expenditures for the English as a Second Language California State Library grant.

Conclusion
Adopt Resolution No. 2022-231 of the Mayor and City Council of the City of San Bernardino, California:

Attachments
Attachment 1 Resolution No. 2022-231
Attachment 2 Grant Award California Department of Education Attachment 3 Grant Award CLLS Adult Literacy and Family Literacy Attachment 4 Grant Award CLLS English as a Second Language Ward:

FINANCIAL
DATA
Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost:

COST $ 0 $ 50,000 $ 50,000 $ 50,000

GENERAL
FUND
SHARE
$ 0 $ 50,000 $ 50,000 $ 50,000
SOURCE OF FUNDS:

The General Fund budget accounts for
variances in CalPERS liability. This addition
will not have a material impact.

Budget Adjustment:

None required.

For Fiscal Year: 23/24

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1 All Wards
Synopsis of Previous Council Actions:

March 2, 2022 - Mayor and City Council adopted Resolution 2022-45 of the Mayor and City Council of the City of San Bernardino, California authorizing the acceptance of grant funding in the amount of $87,752 from the California State Library's California Library Literacy Services (CLLS) and authorizing the Director of Finance to amend the FY 2021/22 adopted budget for revenue and expenditures to appropriate the funding.

Dec 1, 2021 - Mayor and City Council of the City of San Bernardino, California, accepted the Fiscal Year 2021/22 First Quarter Report and adopted Resolution No. 2021-289, authorizing an amendment to the FY 2021/22 General Fund Operating Budget in the amount of $414,500, which included authorizing acceptance of grant funding in the amount of $128,828 from the California Department of Education.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 16, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely Interim City Manager
Ed Erjavek, Library Director
Department: Library
Subject: Inghram Library Lease Agreement (Ward 6)
Recommendation:

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

1. Approve a thirty-six (36) month lease agreement for $110,484 ($3,069 per month) with three, (3), 12-month options to extend for the Inghram Branch Library space at the New Hope Family Life Center at 1505 W. Highland Ave., San Bernardino, California, 92411.

2. Authorize the Agency Director of Administrative Services to issue an annual purchase order not to exceed the amount of $36,828.

Executive Summary
The lease agreement with New Hope Family Life Center will allow the Inghram Branch Library to continue to operate at 1505 W. Highland Ave for 36 months. This agreement includes three (3) 12-month options to extend the lease, allowing operation to extend to June 30, 2029. The total cost of the lease for 36-month term, not including optional extensions, is $110,484.

Background
The Library has leased space for the Inghram Branch Library, named in honor of Dorothy Inghram, for many years. The Library previously had a one-year lease with the option of five, one-year extensions with the last extension expiring June 30, 2023. June 29 is used as the start date for the new lease so there is not a gap in coverage. Given the City’s stronger financial picture a three-year lease is recommended. The New Hope Family Life Center leadership has been much appreciated by the Library Board of Trustees for the partnership in providing library service to residents of the Sixth Ward

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and west side of the City especially during the years when the existence of branch library service was threatened by budget cuts.

Discussion
The Inghram Branch Library serves neighborhoods in the Sixth Ward. Library operating hours doubled from 20 to 40 hours per week in October 2021 as part of a $600,000 funding increase approved by the Mayor and City Council. Hours are Monday and Tuesday from 12 to 8 p.m. and Wednesday, Thursday, and Saturday from 10 a.m. to 6 p.m.

The lease at New Hope Family Life Center includes utilities and a security guard shared with the other tenants. A key provision of the new lease, in addition to the three-year term, is a $500 monthly lease increase from $2,569 to $3,069. It is important to note that this is the first increase in many years as New Hope Family Life Center leadership have worked with the City to keep branch library service available when the City’s financial challenges, beginning in 2008, put the City’s branch libraries at risk of closing due to budget cuts. While currently the lease continues on a month-to-month basis, the City has not yet paid July and August 2023 since an approved agreement would need to be in place for the new $3,069 monthly lease amount.

The importance of Inghram Branch continuing to operate cannot be overstated. It is an important resource in the Sixth Ward promoting education and early literacy. The branch is experiencing increased circulation of books and materials, and improved program attendance as awareness of the increase in operating hours grows.

Additionally, Inghram Branch is vital to those residents who may not have the means or access to travel to Feldheym Central Library, providing a critical neighborhood branch library for the surrounding community.
2021-2025 Strategic Targets and Goals
Providing free public library service to residents is aligned with Goal No. 3: Improved Quality of Life.

Fiscal Impact
There is no additional General Fund impact associated with this item. Funding for the lease of library space was included in the FY 2023/24 Operating Budget.

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

1. Approve a thirty-six (36) month lease agreement for $110,484 ($3,069 per month) with three, (3), 12-month options to extend for the Inghram Branch Library space at the New Hope Family Life Center at 1505 W. Highland Ave., San Bernardino, California, 92411.

2. Authorize the Agency Director of Administrative Services to issue an annual purchase order not to exceed the amount of $36,828.

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Attachments
Attachment 1- New Hope 2023 Lease Agreement
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

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CITY OF SAN BERNARDINO

LEASE AGREEMENT
LANDLORD: NEW HOPE FAMILY LIFE CENTER
1575 West 17th Street
San Bernardino, CA 92411
CITY: SAN BERNARDINO PUBLIC LIBRARY
555 West 6th Street
San Bernardino, CA 92410
PREMISES: 1505 West Highland Avenue
San Bernardino, CA 92411
TERM OF LEASE: Thirty-Six (36) months with Three (3) twelve- month options to extend
COMMENCEMENT DATE OF LEASE: June 29, 2023 (subject to Paragraph 3) MONTHLY RENT: $3,069.00

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TABLE OF CONTENTS
Page

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1. PARTIES ........................................................................................................................... 4

2. PREMISES LEASED ........................................................................................................ 4

3. TERM ................................................................................................................................ 4

4. RENT ................................................................................................................................. 4

5. OPTION TO EXTEND TERM ......................................................................................... 4

6. RETURN OF PREMISES ................................................................................................. 4

7. HOLDING OVER ............................................................................................................. 4

8. TAXES ............................................................................................................................... 5

9. USE .................................................................................................................................... 5

10. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS ........................................... 5

11. SIGNS ................................................................................................................................ 5

12. MAINTENANCE .............................................................................................................. 5

13. ALTERATIONS ................................................................................................................ 7

14. FIXTURES ........................................................................................................................ 7

15. UTILITIES ......................................................................................................................... 7

16. INDEMNIFICATION........................................................................................................ 7

17. INSURANCE REQUIREMENTS AND SPECIFICATIONS .......................................... 7

18. DESTRUCTION OF PREMISES ................................................................................... 10

19. LANDLORD’S DEFAULT ............................................................................................. 11

20. CITY’S REMEDIES ........................................................................................................ 12

21. CITY’S DEFAULT ......................................................................................................... 12

22. LANDLORD’S REMEDIES ON CITY’S DEFAULT ................................................... 12

23. LANDLORD’S ACCESS TO PREMISES ..................................................................... 12

24. NOTICES ......................................................................................................................... 13

25. INCORPORATION OF PRIOR AGREEMENT ............................................................ 14

26. WAIVERS ....................................................................................................................... 14

27. AMENDMENTS ............................................................................................................. 14

28. SUCCESSORS ................................................................................................................ 14

29. SEVERABILITY ............................................................................................................. 14

30. QUIET ENJOYMENT..................................................................................................... 14

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TABLE OF CONTENTS
(continued)
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31. PROVISIONS ARE COVENANTS AND CONDITIONS ............................................. 14

32. CONSENT ....................................................................................................................... 14

33. LAW ................................................................................................................................ 15

34. VENUE ............................................................................................................................ 15

35. ATTORNEYS’ FEES AND COSTS ............................................................................... 15

36. THE PARTIES’ RIGHT TO TERMINATE LEASE ...................................................... 15

37. TENANT IMPROVEMENTS ......................................................................................... 15

38. CAPTIONS ...................................................................................................................... 15

39. SURVIVAL ..................................................................................................................... 15

40. BROKER COMMISSIONS............................................................................................. 15

41. HAZARDOUS SUBSTANCES ...................................................................................... 15

42. PUBLIC RECORDS DISCLOSURE; CONFIDENTIALITY ........................................ 17

43. CONDITION OF PREMISES ......................................................................................... 17

44. CONDEMNATION ......................................................................................................... 17

45. MATERIAL MISREPRESENTATION .......................................................................... 18

46. COMPLIANCE WITH LAWS & NON-DISCRIMINATION ....................................... 18

47. AUTHORIZED SIGNATORS ........................................................................................ 19

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LEASE AGREEMENT

1. PARTIES. This lease (“Lease”) is made between New Hope Family Life Center, a non- profit organization (“LANDLORD”), and the City of San Bernardino, by and through the San Bernardino Public Library (“CITY”), who agrees on the terms and conditions contained in this Lease. LANDLORD hereby represents and warrants to CITY that LANDLORD is the legal owner with sole title to the Property (as defined below), including the Premises (as defined below), and has the right to enter into this Lease without consent or approval from any other parties. In the event of a breach of the foregoing representation and warranty, CITY shall have the right to terminate this Lease upon giving New Hope Family Life Center thirty (30) days written notice LANDLORD shall indemnify, defend (with counsel reasonably approved by CITY), and hold harmless CITY and its employees, contractors, agents, and volunteers from any and all claims, actions, losses, damages and/or liability arising out of said breach.

2. PREMISES LEASED
A. LANDLORD leases to CITY and CITY leases from LANDLORD certain premises of approximately 3,598 square feet of office space (“Premises”), comprising a portion of the building (“Building”) located on the real property commonly known as 1505 W. Highland Avenue, San Bernardino, California 92411 (“Property”). The parties hereby agree that the Premises will not be re-measured at any time during the term of the Lease, including any extensions thereof.

B. Along with the Premises, CITY shall, at no additional cost (i) have the non- exclusive use in common with the LANDLORD, other tenants of the Property, their guests, and invitees of the non-reserved common automobile parking areas, driveways, and footways; (ii) the right to use any common areas of the Property and any improvements thereon; and (iii) the right to ingress and egress to the Premises, the parking lot at the Building, and any common areas of the Property.

3. TERM. The term of this Lease shall be for a period of thirty-six (36) months, commencing June 29, 2023, and ending June 29, 2026.def

4. RENT. CITY must pay to LANDLORD monthly rental payments of $3,069.00 for the Premises on the first day of each calendar month, starting when the term commences, continuing during the term, based on approximately 3,598 square feet of leased space.

5. OPTION TO EXTEND TERM. LANDLORD gives CITY the option to extend the term of the Lease on the same provisions and conditions, except for the monthly rent, for three (3) twelve- month option periods (“extended term”) following expiration of the Initial. Term, by CITY giving notice of its intention to exercise the option to LANDLORD prior to the expiration of the preceding term or during any holding over pursuant to Paragraph 7, HOLDING OVER.

6. RETURN OF PREMISES. The CITY agrees that it will, upon the termination of this Lease, return the Premises in as good condition and repair as the Premises now is or shall hereafter be put; reasonable wear and tear expected.

7. HOLDING OVER. In the event the CITY shall hold over and continue to occupy the Premises with the consent of the LANDLORD, expressed or implied, the tenancy shall be deemed

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to be a tenancy from month-to-month upon the same terms and conditions, as existed and prevailed at the time of the expiration of the term of this Lease. Notwithstanding Paragraph 37 THE PARTIES’ RIGHT TO TERMINATE LEASE, either party shall have the right to terminate the Lease with not less than one hundred twenty (120) days prior written notice to the other party during any holdover tenancy.

8. TAXES. LANDLORD shall pay all real property taxes, and all general and special assessments levied and assessed against the Premises.

9. USE. CITY shall occupy and use the Premises during the term hereof for the purposes of CITY business. The CITY shall not use the Premises for the purposes of storing, manufacturing, or selling any explosives, flammables, or other inherently dangerous substance, chemical, thing, or device.

10. HEALTH, SAFETY AND FIRE CODE REQUIREMENTS
A. Compliance with Code Requirements: As a condition precedent to the existence of this Lease, LANDLORD, at its sole expense will ensure the Premises meet the applicable requirements of all Health, Safety, Fire and Building Codes, statutes, regulations and ordinances for public and governmental buildings, including any requirements for a notice of completion, certificate of occupancy, California Title 24 requirements and the Americans with Disabilities Act (“ADA”). Specifically, LANDLORD must ensure there is an accessible path of travel from public transportation to the Premises pursuant to Title 24. Additionally, LANDLORD warrants that any improvements on or in the Premises which have been constructed or installed by LANDLORD or with LANDLORD’s consent or at LANDLORD’s direction must comply with all applicable covenants or restrictions of record and applicable Codes, statutes, regulations and ordinances in effect on the Commencement Date. LANDLORD also warrants to CITY that LANDLORD has no knowledge of any claim having been made by any governmental agency that a violation or violations of applicable Codes, statutes, regulations, or ordinances exist with regard to the Premises as of the Commencement Date. Should the continued occupancy of the Premises be in any way prejudiced or prevented due to changes in the ADA or the Health, Safety, Fire and Building Codes, statutes, regulations or ordinances for public and governmental buildings, the LANDLORD must correct, update and comply with said changes at LANDLORD’s cost.

B. Access Inspection: No inspection of the Premises, Building, or Property has been performed by a Certified Access Specialist in conjunction with this Lease. For avoidance of doubt, notwithstanding that an inspection of the Premises, Building, or Property has not been performed by a Certified Access Specialist, LANDLORD’s obligations under Paragraph 10.A shall remain unchanged.

11. SIGNS. CITY will display from the windows and/or marquee of the Premises only such sign or signs as are not prohibited by law. LANDLORD must approve all signs, such approval not to be unreasonably withheld. CITY must repair all damage to the Premises resulting from the removal of signs installed by the CITY.

12. MAINTENANCE

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A. LANDLORD at its own cost must perform such inspections, maintenance, and repairs as are necessary to ensure that all portions of the Premises, including but not limited to the following, are at all times in good repair and safe condition:
(1) The structural parts of the building and other improvements that are a part of the Premises, which structural parts include the foundations, bearing and exterior walls (including glass and doors), subflooring, and roof and, (2) The electrical, plumbing, and sewage systems, including, without limitation, those portions of the systems owned or controlled by LANDLORD lying outside the Premises; and,
(3) Window frames, gutters, and downspouts on the building and other improvements that are a part of the Premises; and,
(4) Heating, ventilation and air-conditioning (HVAC) systems servicing the Premises (additionally, air-conditioning and heating filters are to be changed quarterly. Upon commencement of this Lease agreement and every three (3) years thereafter, LANDLORD is to provide maintenance of HVAC servicing);
(5) The grounds, including all parking areas and outside lighting, grass, trees, shrubbery and other flora; and,
(6) The servicing of fire extinguishers or any other fire suppression equipment attached to the facility; and,
(7) The LANDLORD shall perform and pay for all routine maintenance and janitorial services associated with the leased space.

B. Without in any way affecting LANDLORD’s duty to inspect, maintain, and repair the Premises and regardless of whether any specific notice of need for maintenance or repair is provided to LANDLORD by the CITY, the CITY may request specifiC maintenance or repairs.

Any such request may be made in writing pursuant to Paragraph 24, NOTICES. If, (a) CITY gives notice to LANDLORD of a condition requiring maintenance or repairs, and LANDLORD does not commence the performance of its maintenance or repair obligations within thirty (30) days of receiving such notice, or does not diligently prosecute its obligations to completion thereafter, or (b) in the case of an emergency, whether or not CITY has given notice to LANDLORD, LANDLORD does not timely perform its obligations, CITY can perform the obligations and have the right to be reimbursed for the sum CITY actually and reasonably expends (including charges for CITY employees and equipment) in the performance of LANDLORD’s obligations. The sum expended by CITY shall be due from LANDLORD to CITY within thirty (30) days of notice of such sum, and if paid at a later date will bear interest at the maximum rate the CITY is permitted by law to charge from the date the sum was paid by CITY until CITY is reimbursed by LANDLORD. If LANDLORD fails to reimburse CITY as required by this paragraph, CITY shall have the right to withhold from future rent due the sum CITY has paid until CITY is reimbursed in full for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this Lease. CITY shall forward to LANDLORD receipts and/or documentation supporting the amount withheld.

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13. ALTERATIONS. CITY shall not make any structural or exterior improvements or alterations to the Premises without LANDLORD’s consent. Any such alterations shall remain on and be surrendered with the Premises on expiration or termination of the Lease.

14. FIXTURES. CITY shall have the right during the term(s) of this Lease to install shelving and fixtures, and make interior, non-structural improvements or alterations in the Premises. Such shelving, fixtures, improvements, and alterations shall remain the property of the CITY and may be removed by the CITY during the term(s) of this Lease or within a reasonable time thereafter, provided that the CITY restores the Premises to the condition as it existed at the commencement of this Lease, reasonable wear and tear excluded, or the CITY in its sole discretion may elect to surrender all or any part of such shelving, fixture, improvements and alterations to the LANDLORD, in which case CITY shall have no duty to restore the Premises. Any such election to surrender must be in writing, but need not be accepted by LANDLORD to be effective.

15. UTILITIES. LANDLORD shall furnish to the Premises and pay all service charges and related taxes for security, electric, gas, water, sewer, trash, fire alarm service, and all other utilities.

CITY shall furnish and pay for computers, internet, and its own telephone service. LANDLORD shall pay such amounts within fifteen (15) days of invoice.

16. INDEMNIFICATION. The LANDLORD agrees to indemnify, defend (with counsel reasonably approved by CITY), and hold harmless the CITY and its authorized officers, employees, agents and volunteers, from any and all claims, actions, losses, damages, and/or liability arising out of LANDLORDS’s negligent performance or breach of its obligations under this contract including the acts, errors, or omissions of any person and for any costs or expenses incurred by the CITY on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The LANDLORD’s indemnification obligation applies to the CITY’s “active” as well as “passive” negligence but does not apply to the CITY’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

17. INSURANCE REQUIREMENTS AND SPECIFICATIONS
A. CITY is a self-insured public entity for purposes of professional liability, general liability, and workers’ compensation.

B. The LANDLORD agrees to provide insurance set forth in accordance with the requirements herein. If the LANDLORD uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the LANDLORD agrees to amend, supplement, or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the Lease hereunder. Without in anyway affecting the indemnity herein provided and in addition thereto, the LANDLORD shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
(1) Workers’ Compensation/Employers. Liability — A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including

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Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the LANDLORD and all risks to such persons under this Lease agreement.

If LANDLORD has no employees, it may certify or warrant to the CITY that is does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the CITY’s Director of Risk Management.

If LANDLORD is a non-profit corporation, organized under California or Federal law, volunteers for LANDLORD must be covered by Workers’ Compensation insurance. (2) Commercial/General Liability Insurance — The LANDLORD shall carry General Liability Insurance covering all operations performed by or on behalf of the LANDLORD providing coverage for bodily injury and property damage with a combined single limit of not less than two million dollars ($2,000,000), per occurrence. The policy coverage shall include:
(a) Premises operations and mobile equipment.
(b) Products and completed operations.
(c) Broad form property damage (including completed operations). (d) Explosion, Collapse, and underground hazards
(e) Personal injury
(f) Contractual liability.
(g) $4,000,000 general aggregate limit.
(3) Commercial Property, Insurance providing all risk coverage for the leased premises, building, fixtures, equipment, and all property constituting a part of the premises.

Coverage shall be sufficient to insure One Hundred percent (100%) of the replacement cost. (4) Umbrella Liability Insurance — An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability unless the requirement for automobile liability insurance has been waived by the CITY. (5) Subcontractor Insurance Requirements — The LANDLORD agrees to require all parties or subcontractors, including architects or others it hires or contracts with related to the performance of this contract to provide insurance covering the contracted operation with the basic requirements for all contracts in subparagraph B1 of this paragraph and the insurance sections for all contracts in subparagraph B2, (including waiver of subrogation rights) and naming the CITY as an additional insured. The LANDLORD agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required here.

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(6) Course of Construction/Installation (Builder’s Risk) property insurance providing all risk, including theft coverage for all property and materials to be used on the project. The insurance policy shall not have any coinsurance penalty.

C. Additional Insured — All policies, except for the Workers’ Compensation, shall contain endorsements naming the CITY and their officers, employees, agents, and volunteers as additional insureds with respect to liabilities arising out of the use under this Lease hereunder. The additional insured endorsements shall not limit the scope of coverage for the CITY to vicarious liability but shall allow coverage for the CITY to the full extent provided by the policy.

D. Waiver of Subrogation Rights — The LANDLORD shall require the carriers of required coverages to waive all rights of subrogation against the CITY, their officers, employees, agents, volunteers, contractors, and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the LANDLORD and LANDLORD’s employees or agents from waiving the right of subrogation prior to a loss or claim. The LANDLORD hereby waives all rights of subrogation against the CITY.

E. Policies Primary and Non-Contributory — All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the CITY.

F. Severability of Interests — The LANDLORD agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the LANDLORD and the CITY or between the CITY and any other insured or additional insured under the policy.

G. Proof of Coverage — The LANDLORD shall furnish Certificates of Insurance to the CITY evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder if requested.

Certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to CITY, and LANDLORD shall maintain such insurance from the time CITY commences use under the Lease hereunder until the end of the period of the Lease.

Upon request by the CITY, LANDLORD must provide a Declaration page for all applicable insurance policies and must provide complete certified copies of the policies and endorsements within fifteen (15) days of the request.

H. Acceptability of Insurance Carrier — Unless otherwise approved by the CITY’s Risk Management Division, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

I. Deductibles and Self-Insured Retention — Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by CITY’s Risk Management Division.

J. Insurance Review — Insurance requirements are subject to periodic review by the CITY. The CITY’s Library Director or designee is authorized, but not required, to reduce, waive, or suspend any insurance requirements whenever the CITY’s Risk Management Division

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determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the CITY. In addition, the CITY’s Library Director or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the CITY, inflation, or any other item reasonably related to the CITY’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Lease. LANDLORD agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of CITY to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the CITY.

K. Failure to Procure Insurance.All insurance required must be maintained in force at all times by LANDLORD. Failure to maintain said insurance, due to expiration, cancellation, etc., shall be cause for the CITY to give notice to immediately suspend all LANDLORD’s business activities on the Premises. Failure to reinstate said insurance within the 30 days of notice to do so shall be cause for termination and for forfeiture of this agreement, and/or CITY, at its discretion, may procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by CITY shall be repaid by LANDLORD to CITY upon demand but only for the pro rata period of non-compliance.

L. CITY shall have no liability for any premiums charged for such coverage(s). The inclusion of CITY as additional named insured is not intended to and does not make the CITY a partner or joint-venturer with LANDLORD in LANDLORD’s operations.

M. The LANDLORD agrees to require all parties or subcontractors, or others it hires or contracts with related to the use of this Lease to provide insurance covering such use with the basic requirements and naming the CITY as additional insured. LANDLORD agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided as required herein.

18. DESTRUCTION OF PREMISES
A. During the term of this Lease, if any casualty renders a portion of the Premises unusable for the purpose intended, then LANDLORD shall, at LANDLORD’s expense, restore the Premises and repair any damages caused by such casualty as soon as reasonably possible and this Lease shall continue in full force and effect. Alternatively, if LANDLORD fails commence the restoration of the Premises in a substantial and meaningful way within thirty (30) days following the LANDLORD’s receipt of written notice of the casualty, or should LANDLORD fail to diligently pursue completion of the restoration of the Premises, or if the time required to restore the Premises is estimated to exceed ninety (90) days, CITY may, at its option, terminate this Lease immediately upon written notice to the LANDLORD. If CITY elects to terminate this Lease pursuant to this provision, CITY shall be discharged of all future obligations under this Lease. Alternatively, if LANDLORD fails to commence the restoration of the Premises or fails

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to diligently pursue the completion of the restoration, CITY may, at its option and in its sole discretion, after notice to LANDLORD, perform LANDLORD’s obligations and restore the Premises. If CITY elects to restore the Premises, CITY shall have the right to be reimbursed for all sums it actually and reasonably expends (including charges for CITY employees and equipment) in the performance of LANDLORD’s obligations. The sum paid by CITY shall be due from LANDLORD to CITY within thirty (30) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the CITY is permitted by law to charge from the date the sum was paid by CITY until CITY is reimbursed by LANDLORD. If LANDLORD fails to reimburse CITY as required by this paragraph, CITY shall have the right to withhold from future rent due the sum CITY has paid until CITY is reimbursed in full for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this Lease. CITY shall forward to LANDLORD receipts and/or documentation supporting the amount withheld. For the purposes of this paragraph, the phrase “commence . . in a substantial and meaningful way” shall mean either the unconditional authorization of the preparation of the required plans, the issuance of any required Building Permits or the beginning of the actual work on the Premises.

B. In the event there is a destruction of a portion of the Premises as set out in subparagraph A, above, there shall be an abatement or reduction of the rent between the date of destruction and the date of completion of restoration or the date of termination of this Lease, whichever comes first. The abatement or reduction of the rent shall be in proportion to the degree to which CITY’s use of the Premises is impaired.

C. In the event there is a destruction of a portion of the Premises as set out in subparagraph A, above, and the Lease is not terminated because of such destruction, LANDLORD agrees to use any and all insurance proceeds received for said destruction in the restoration of the Premises.

D. In the event LANDLORD is required to restore the Premises as provided in this paragraph, LANDLORD shall restore, at LANDLORD’s expense, any structural or exterior improvements or alterations to the Premises made by CITY pursuant to Paragraph 13, ALTERATIONS, of this Lease, but shall not be responsible for restoring any shelving, fixtures, or interior nonstructural improvements or alteration made by the CITY pursuant to Paragraph 14, FIXTURES, of this Lease.

E. It is the purpose and intent of this paragraph to determine who shall bear the initial responsibility for restoration of the Premises in the event of any such destruction and not to determine the party ultimately responsible for the costs of such restoration.

19. LANDLORD’S DEFAULT. Except where another time limit is specifically provided, LANDLORD shall be in default of this Lease if LANDLORD fails or refuses to perform any material provisions of this Lease and such failure or refusal to perform is not cured within thirty (30) days following LANDLORD’s receipt of written notice of default from CITY . If the default cannot reasonably be cured within thirty (30) days, LANDLORD shall not be in default of this Lease if LANDLORD commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default.

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20. CITY’S REMEDIES ON LANDLORD’S DEFAULT. CITY, at any time after LANDLORD is in default, as defined in paragraph 19 above, can terminate this Lease immediately upon written notice to LANDLORD or can cure the default at LANDLORD’s cost. If CITY at any time, by reason of LANDLORD’s default, pays any sum or does any act that requires the payment of any sum (including charges for CITY’s employees and equipment), the sum paid by CITY shall be due from LANDLORD to CITY within thirty (30) days of notice of such sum, and if paid at a later date shall bear interest at the maximum rate the CITY is permitted by law to charge from the date the sum was paid by CITY until CITY is reimbursed by LANDLORD. If LANDLORD fails to reimburse CITY as required by this paragraph, CITY shall have the right to withhold from future rent due the sum CITY has paid until CITY is reimbursed in full for the sum and interest on it. The remedies set forth in this paragraph are in addition to and do not in any manner limit other remedies set forth in particular paragraphs of this Lease.

21. CITY’S DEFAULT. The occurrence of any one or more of the following events shall constitute an Event of Default and breach of this Lease by CITY:

A. The vacating for more than thirty (30) consecutive days or abandonment of the Premises by CITY.

B. The failure by CITY to perform any material provisions of this Lease to be performed by CITY, including the payment of rent, where such failure shall continue for a period of thirty (30) days after notice by LANDLORD to CITY; provided, however, that if the nature of CITY’s default is such that more than thirty (30) days are reasonably required for its cure, then CITY shall not be deemed to be in default if CITY commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. The purpose of this notice requirement is to extend the notice requirements of the unlawful detainer statutes of California.

22. LANDLORD’S REMEDIES ON CITY’S DEFAULT. Whenever an Event of Default referred to in Paragraph 21 hereof has taken place and continues, it shall be lawful for the LANDLORD to exercise any and all remedies available pursuant to law or granted pursuant to this Lease; provided, however, that notwithstanding anything herein to the contrary, there shall be no right under any circumstances to accelerate the Rent or otherwise declare any Rent not then in Default to be immediately due and payable. Each and every covenant hereof to be kept and performed by the CITY is expressly made a condition and upon the breach thereof the LANDLORD may, at its option, terminate this Lease. In the event of such Event of Default, the CITY shall continue to remain liable for the payment of the Rent and/or damages for breach of this Lease and the performance of all conditions herein contained and, in any event such rent and/or damages shall be payable to the LANDLORD only at the same time and in the same manner as provided for the payment of Rent.

23. LANDLORD’S ACCESS TO PREMISES. LANDLORD and its authorized representatives shall have the right to enter the Premises at all reasonable times for any of the following purposes:

A. To determine whether the Premises are in good condition; and,

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B. To do any necessary maintenance and to make any restoration to the Premises that LANDLORD has the right or obligation to perform; and
C. To serve, post, or keep posted any notices required by law; and, D. To post “for sale” signs at any time during the term, to post “for rent” or “for Lease” signs during the last three (3) months of the term; and, E. To show the Premises to prospective brokers, agents, buyers, tenants, lenders or persons interested in an exchange, at any time during the term.

LANDLORD shall conduct its activities on the Premises as allowed in this paragraph in a manner that will cause the least possible inconvenience, annoyance, or disturbance to CITY.

24. NOTICES
A. Any notice, demand, request, consent, approval, or communication that either paity desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by United States mail. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party shall be addressed to the other party at the address set forth below. If either party changes its address, it must notify the other party in writing immediately. Notices shall be deemed delivered and effective upon the earlier of (i) actual receipt or (ii) the date of delivery or refusal of the addressee to accept delivery if such notice is sent by or United States mail, postage prepaid, certified, or registered, return receipt requested.

LANDLORD’s address: Chairman of the Board of Trustees for New Hope Family Life Center
1575 West 17th Street
San Bernardino, CA 92411
CITY’s address: Library Director
555 West 6th Street
San Bernardino, CA 92410
B. If, at any time after the CITY accepts the Premises, the LANDLORD assigns or transfers a non-controlling interest of its rights in the Premises to a third party, LANDLORD must notify CITY of its action at least fifteen (15) CITY working days prior to completing any such action.

C. If, at any time after the CITY accepts the Premises, the LANDLORD assigns or transfers a controlling interest of its rights in the Premises to a third party, LANDLORD must notify CITY of its action at least fifteen (15) CITY working days prior to completing any such action. The new owner must provide CITY with evidence of completion of such action. The parties

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shall immediately execute an amendment to this Lease stating the change of ownership of the Premises.
(1) Within fifteen (15) CITY working days of completing any action that effects a change in the ownership of the Premises, the new owner must provide CITY evidence of obtaining insurance in compliance with Paragraph 16, INDEMNIFICATION and Paragraph 17, INSURANCE REQUIREMENTS AND SPECIFICATIONS.

D. If, at any time after the CITY accepts the Premises, the CITY wishes to assign or transfer this Lease in whole or in part to a third party, the CITY must first obtain permission from the LANDLORD within sixty (60) calendar days of the commencement of the sublease, assignment, or transfer to a third party. LANDLORD shall not unreasonably withhold, condition, or delay such consent or approval.

25. INCORPORATION OF PRIOR AGREEMENT. This Lease contains all of the agreements of the parties hereto with respect to any matter covered in this Lease, and no prior agreement or understanding pertaining to such matter shall be effective for any purpose. This Lease specifically supersedes any prior lease between the parties related to the Property or Premises and the Parties hereby release each other from any and all claims or obligations arising thereunder. Specifically, the lease entered into on July 1, 2017 and all subsequent amendments are hereby revoked.

26. WAIVERS. No waiver by either party of any provisions of this Lease shall be deemed to be a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provisions.

27. AMENDMENTS. No provision of this Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successor in interest, expressing by its terms an intention to modify this Lease.

28. SUCCESSORS. This Lease shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto.

29. SEVERABILITY. If any word, phrase, clause, sentence, paragraph, section, article, part or portion of this Lease is or shall be invalid for any reason, the same shall be deemed severable from the remainder hereof and shall in no way affect or impair the validity of this Lease or any other portion thereof.

30. QUIET ENJOYMENT. Subject to the provisions of this Lease and conditioned upon performance of all the provisions to be performed by CITY hereunder, LANDLORD shall secure to CITY during the Lease term the quiet and peaceful possession of the Premises and all right and privilege appertaining thereto.

31. PROVISIONS ARE COVENANTS AND CONDITIONS. All provisions, whether covenants or conditions, on the part of either party shall be deemed to be both covenants and conditions.

32. CONSENT. Whenever consent or approval of either party is required, that party shall not unreasonably withhold, condition, or delay such consent or approval.

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33. LAW. This Lease shall be construed and interpreted in accordance with the laws of the State of California.

34. VENUE. The parties acknowledge and agree that this Lease was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue for any action or claim brought by any party to this Lease will be the Superior Court of California, County of San Bernardino. Each party hereby waives any law, statute (including but not limited to Code of Civil Procedure section 394), or rule of court that would allow them to request or demand a change of venue. If any third party brings an action or claim concerning this Lease, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of San Bernardino.

35. ATTORNEYS’ FEES AND COSTS. If any legal action is instituted to enforce or declare any party’s rights hereunder, each party, including the prevailing party, must bear its own costs and attorneys’ fees. This paragraph shall not apply to those costs and attorneys’ fees directly arising from any third party legal action against the CITY, including such costs and attorneys’ fees payable under Paragraph 16, INDEMNIFICATION, Paragraph 42, HAZARDOUS SUBSTANCES, and Paragraph 43, PUBLIC RECORDS DISCLOSURE; CONFIDENTIALITY.

36. THE PARTIES’ RIGHT TO TERMINATE LEASE. Either party shall have the right to terminate this Lease at any time. Notice of termination shall be provided in conformity with the notice requirements of Paragraph 24 at least one hundred twenty (120) days prior to the date of termination. In the event either the CITY or LANDLORD terminates this Lease pursuant to this Paragraph, no termination fees, reimbursement for Improvements, or other costs shall be due or payable, except that LANDLORD shall have a right to receive from CITY the rent which will have been earned under the Lease through the effective termination date.

37. TENANT IMPROVEMENTS. LANDLORD agrees to allow CITY to make the improvements to the Premises. All costs associated with making the Improvements shall be the sole responsibility of the CITY. CITY understands and agrees not to make any modifications, without first obtaining approval in writing from LANDLORD.

38. CAPTIONS, TABLE OF CONTENTS, AND COVER PAGE. The paragraph captions, table of contents, and the cover page of this Lease shall have no effect on its interpretations.

39. SURVIVAL. The obligations of the parties that, by their nature, continue beyond the term of this Lease, will survive the termination of this Lease.

40. BROKER COMMISSIONS. LANDLORD is solely responsible for the payment of any commissions to any broker who has negotiated or otherwise provided services in connection with this Lease. CITY represents that it was not shown the Premises by any real estate broker and that tenant has not otherwise engaged in any activity that could form the basis for a claim for real estate commission, brokerage fee, finder’s fee, or other similar charge, in connection with this Lease.

41. HAZARDOUS SUBSTANCES.

A. LANDLORD hereby represents and warrants that, to the best of LANDLORD’s knowledge, information and belief (i) the Premises and the property of which the Premises forms

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a part of have not been exposed to Hazardous Substances and are presently free of all Hazardous Substances; (ii) neither the LANDLORD nor any of the other current tenants, if any, on the property of which the Premises forms a part is in violation or subject to an existing, pending or threatened investigation by any governmental authority under any applicable federal, state or local law, regulation, ordinance or other legislation pertaining to air, water, or soil quality or the handling, transportation, storage, treatment, usage or disposal of Hazardous Substances; (iii) any handling, transportation, storage, treatment or use of toxic or Hazardous Substances to date has been in compliance with applicable laws; and (iv) no reportable use has occurred on the Premises and the property of which the Premises forms a part of to date, and the soil, groundwater and vapor on or under the Premises and the property of which the Premises forms a part of is free of Hazardous Substances as of the Commencement Date.

B. LANDLORD shall indemnify, protect, defend (with counsel reasonably approved by CITY), and hold CITY, its agents and employees and the Premises, harmless from and against any and all losses and/or damages, liabilities, judgments, costs, claims, expenses, penalties, including attorneys’ and consultant’s fees, arising out of or involving the existence of any Hazardous Substances located in, about or under the Premises and the property of which the Premises forms a part of (i) prior to the Commencement Date of this Lease; and (ii) not caused by CITY during the term, including any extended terms. Additionally, the issuance of an order by any governmental authority directing the LANDLORD or any of LANDLORD’s other tenants or licensees on the property of which the Premises forms a part to cease and desist any illegal action in connection with a Hazardous Substance, or to remediate a contaminated condition caused by the LANDLORD or any person acting under LANDLORD’s direct control and authority is a breach of this Lease, and LANDLORD shall be responsible for all costs and expenses of complying with such order, including any and all expenses imposed on or incurred by CITY in connection with or in response to such order. LANDLORD’s obligations under this paragraph shall include, but shall not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by CITY, and the cost of investigation, removal, remediation, restoration, and/or abatement thereof. LANDLORD’s obligations under this provision shall survive the expiration or early termination of this Lease. No termination, cancellation, or release agreement entered into by CITY and LANDLORD shall release LANDLORD from its obligations under this Lease with regard to Hazardous Substances unless specifically agreed to by CITY in writing.

C. For the purposes of this paragraph, the following definitions apply:
(1) “Hazardous Substance,” as used in this Lease, shall mean any product, substance or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises and the property of which the Premises forms a part of, is either (i) potentially injurious to the public health, safety or welfare, the environment or the Premises and the property of which the Premises forms a part of, (ii) regulated or monitored by any governmental authority; or (iii) a basis for potential liability of LANDLORD or CITY under any applicable statute or common law theory. (2) “Reportable use” shall mean (i) the installation or use of any above• or below ground storage tank; (ii) the generation, possession, storage, use, transportation or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice,

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registration or business plan is required to be filed with any governmental authority and/or (iii) the presence at the Premises and the property of which the Premises forms a part of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises and the property of which the Premises forms a part of or neighboring properties.
(3) The term “applicable requirements” shall be deemed to refer to all applicable laws, covenants or restrictions of record, building codes, regulations and ordinances.

42. PUBLIC RECORDS DISCLOSURE; CONFIDENTIALITY.

A. All information received by the CITY from the LANDLORD or any source concerning this Lease, including the Lease itself may be treated by the CITY as public information subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et seq. (the “Public Records Act”). LANDLORD understands that although all materials received by the CITY in connection with this Lease are intended for the exclusive use of the CITY, they are potentially subject to disclosure under the provisions of the Public Records Act. In the event a request for disclosure of any part or all of any information which the LANDLORD has reasonably requested CITY to hold in confidence is made to the CITY, the CITY shall notify the LANDLORD of the request and shall thereafter disclose the requested information unless the LANDLORD, within five (5) days of receiving notice of the disclosure request, requests nondisclosure, provides CITY a legally sound basis for the nondisclosure, and agrees to indemnify, defend, and hold the CITY harmless in any/all actions brought to require disclosure. LANDLORD waives any and all claims for damages, lost profits, or other injuries of any and all kinds in the event CITY fails to notify LANDLORD of any such disclosure request and/or releases any information concerning this Lease received from the LANDLORD or any other source.

B. Confidentiality. LANDLORD acknowledges that the premises will be used by CITY for the processing and storage of confidential information protected from unlawful access and disclosure by federal, state, and local laws. CITY and its officers, agents, volunteers, and employees agree to comply with relevant federal, state, and local laws pertaining to the security and protection of such confidential information while on the premises. LANDLORD agrees that it will prevent any unlawful access to or disclosure of the confidential information by LANDLORD, its officers, agents, volunteers, employees, and contractors. LANDLORD agrees that all entities with which LANDLORD contracts to provide services on the premises will prevent any unlawful access or disclosure of the confidential information, and that said entities will agree to the same in writing. LANDLORD acknowledges that any unlawful access to or disclosure of confidential information may result in the imposition of civil and criminal sanctions.

43. CONDITION OF PREMISES. LANDLORD shall deliver the Premises to CITY clean and free of debris on the Commencement Date and warrants to CITY that the plumbing, electrical systems, fire sprinkler system, lighting, air-conditioning and heating systems, and loading doors, if any, in the Premises shall be in good operating condition on the Commencement Date.

44. CONDEMNATION

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A. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (all of which are herein called “condemnation”), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than ten percent (10%) of the floor area of the Premises, or more than twenty-five percent (25%) of the portion of the Common Areas is taken by condemnation, CITY may, at CITY’s option, to be exercised in writing within thirty (30) days after LANDLORD shall have given CITY written notice of such taking (or in the absence of such notice, within thirty (30) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If CITY does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable floor area of the Premises taken bears to the total rentable floor area of the Premises. No reduction of rent shall occur if the condemnation does not apply to any portion of the Premises. CITY shall be entitled to receive the following amounts of any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power:
(a) one hundred percent (100%) of any amount attributable to any excess of the market value of the Premises for the remainder of the Lease Term over the present value as of the Termination Date of the Rent payable for the remainder of the Lease Term (commonly referred to as the “bonus value” of the Lease); and (b) CITY shall have the right to make a separate claim in the Condemnation proceeding for the following: (i) The taking of the amortized or undepreciated value of any trade fixtures or leasehold improvements owned by CITY that CITY has the right to remove at the end of the Lease term and that the CITY elects not to remove such fixtures or improvements; (ii) Reasonable removal and relocation costs for any trade fixtures or leasehold improvements that CITY has the right to remove and elects to remove (if Condemnor approves of the removal); (iii) Loss of goodwill; (iv) Relocation costs under Government Code section 7262, the claim for which CITY may pursue by separate action independent of this Lease; and (v) Any other amount in addition to the foregoing that the CITY is allowed under condemnation law.

B. CITY shall have the right to negotiate directly with Condemnor for the recovery of the portion of the Award that CITY is entitled to under subparagraph (B) of this paragraph. In the event that this Lease is not terminated due to such condemnation, LANDLORD shall repair any damage to the Premises caused by such condemnation authority pursuant to Paragraph 12, MAINTENANCE, and Paragraph 18, DESTRUCTION OF PREMISES.

45. MATERIAL MISREPRESENTATION. If during the course of the administration of this Lease, the CITY determines that the LANDLORD has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the CITY, and the CITY has relied upon the information, this Lease may be immediately terminated. If this Lease is terminated according to this provision, the CITY is entitled to pursue any available legal remedies.

46. COMPLIANCE WITH LAWS & NON-DISCRIMINATION. LANDLORD shall comply with all state, federal, and local laws, orders, regulations, and ordinances. LANDLORD must not

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engage in, nor permit its officers, employees, agents, or volunteers to engage in discrimination of persons based upon their actual or perceived race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender, sexual orientation, veteran status, or any other status protected by law.

47. AUTHORIZED SIGNATORS. Both parties to this Lease represent that the signators executing this document are fully authorized to enter into this agreement.

END OF LEASE TERMS.
[Signatures on Following Page]

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CITY OF SAN BERNARDINO:

By: _____________________________
Ed Erjavek, Library Director
Date: _____________________________
LANDLORD:

By: _____________________________
(Name)
Title: _____________________________
Date: _____________________________
Approved as to Legal Form:

SONIA R. CARVALHO, City Attorney
City of San Bernardino
By: _____________________________
Date: _____________________________

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 16, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely; Ed Erjavek, Library Director
Department: Library
Subject: Amendment No. 1 to Library Internet Service
Agreement with Columbia Telecommunications
Corporation (All Wards)
Recommendation:

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

2. Authorize the Agency Director of Administrative Services to approve a Fiscal Year 2023/24 purchase order in an amount not to exceed $84,000.

Executive Summary
SBPL participates in a consortium providing internet service to public libraries throughout the state. Amendment No. 1 extends our agreement, which expires Dec. 31, 2023 through July 1, 2028. The current monthly price of $4,750 for all four libraries before taxes and other fees would decline to $2,856 before taxes and other fees after Amendment No. 1 begins.

Background
In 2017, the San Bernardino Public Library (SBPL) signed a five-year agreement with Califa Group Inc. to join a consortium of public libraries in the state receiving internet service as a group with the intent of obtaining the most speed for the best price.

On December 1, 2021, the Mayor and City Council adopted Resolution No. 2021-282 authorizing the Library Director to execute a first amendment to the agreement with

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Califa Group, Inc., extending Library internet services through December 31, 2023.

On June 1, 2022 Mayor and City Council of the City of San Bernardino, California, authorized the Library Director to execute an agreement between San Bernardino Public Library (SBPL) and Columbia Telecommunications Corporation (CTC) for the provision, installation and maintenance of advanced network (data) services; and authorize the Director of Finance to approve a Fiscal Year 2022/23 purchase order in an amount not to exceed $64,000. Columbia Telecommunications Corporation (CTC) replaced Califa Group Inc. as the new billing agent on July 1, 2022.

The state-of-the-art service provides 1 Gigabit per second speed (Gbps) for each of the City's public libraries. There are approximately 156 public library jurisdictions in the state participating in the internet consortium.

Discussion
Since the current agreement expires December 31, 2023, Amendment No. 1 would start January 1, 2024 and go through July 1, 2028.

Funding for this item was included in the FY 2023/24 Operating Budget.

A piece of replacement hardware for $20,000 is required but it is expected that cost will be covered by a grant application from the grants staff in the City Manager’s Office to be funded by the California Library Connect Program, which assists libraries with connecting to the library broadband consortium.
2021-2025 Strategic Targets and Goals
This request aligns with Key Target No. 3: Improved Quality of Life. The agreement allows the department to provide cost-effective, state of the art internet service that is fundamental to library operations. These services include offering 62 PCs for free public access among the four city libraries and providing free Wi-Fi to assist individuals with job searches, homework or simply to keep in touch with others.

Fiscal Impact
No additional General Fund impact is associated with this item.

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

2. Authorize the Agency Director of Administrative Services to approve a Fiscal Year 2023/24 purchase order in an amount not to exceed $84,000.

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Attachments
Attachment 1 – CTC Amendment #1 Complete
Attachment 2 – SBPL & CTC 6.1.22
Attachment 3 – Califa First Amendment
Attachment 4 – CalifaNetwork_2017
Ward:

All Wards
Synopsis of Previous Council Actions:

June 1, 2022 Mayor and City Council authorized the Library Director to execute an agreement between San Bernardino Public Library (SBPL) and Columbia Telecommunications Corporation (CTC) for the provision, installation and maintenance of advanced network (data) services; and authorize the Director of Finance to approve a Fiscal Year 2022/23 purchase order in an amount not to exceed $64,000.

May 4, 2022 Mayor and City Council authorized the Director of Finance to increase a purchase order with Califa Group Inc. by $16,000 to an amount not to exceed $52,000 for Fiscal Year 2021/22.

December 1, 2021 Mayor and City Council adopted Resolution No. 2021-282 authorizing the Library Director to execute a first amendment to the agreement with Califa Group, Inc. extending Library internet services through December 31, 2023.

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Items to Consider While Reviewing Quotes
•Pricing does NOT include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices at CENIC’s actual cost.
•If an Out of Band line is required, Associate must provide a phone line for OOB or allow CENIC to order one and be reimbursed for both the one-time installation and ongoing monthly recurring costs. •Annual Recurring Costs (ARC) items are invoiced annually. •Non-Recurring Costs (NRC) items are one-time costs billed upon execution of contract. •Monthly Recurring Costs (MRC) items are billed quarterly, first billing will occurr after handoff. oE-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. oActual discount percentage will be identified by USAC at a later point. E-rate and CTF reimbursements are dependent upon the continued funding of these programs. CENIC/Broadband Access Administrator cannot guarantee the E-rate and CTF discounts, and these discounts are subject to change. E-rate % noted is based on current FY estimate and CTF is a 50% discount of the remaining cost after E-rate has been applied.
oDue to the consortial nature of CENIC's E-rate application, the E-rate discount level may not be finalized until next Spring of the following year (late March or early April).
•E-rate Costs may take up to 18 months to activate due to USAC processing time. Please budget for the full undiscounted costs for the initial period.

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Associate: San Bernardino Public Library
Budget Summary Description:Renewal of existing services Quote Date: 12/16/2022
Quote Expiration: 3/16/2023
Contract Number:

Line Item NRC
Non-Recurring Cost
MRC
Monthly Recurring Cost
ARC
Annual Recurring CostTerm Length
[1] 1 Equipment
2 Equipment Maintenance $5,939.05
3 Facilities
[2] 4 Circuit deployment Fee
5 Circuit $2,856.00
Total $0.00 $2,856.00 $5,939.05
Annual Cost $40,211.05
Discounted Annual Cost $7,652.65
Total for Year 1 $40,211.05
Discounted Annual Cost
Year 1 $7,652.65
[1] CENIC pays for equipment, maintenance and installation of initial CalREN connection. [2] The California State Library requested, and received funding through the Budget Act of 2021, AB 128, Chapter 21, 2021 Statute, to pay for Circuit Deployment Fees (CDF) on behalf of public libraries connecting to CalREN. The full text can be found here: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml? bill_id=202120220AB128
Version 2.0

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*Pricing does not include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices at CENIC’s actual cost. E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. Actual discount percentage will be identified by the E-rate authorities at a later point LOC A LOC Z Carrier Info CENIC - Cross ConnectE-rate Discount90.00%Total Discounted MRC (CTF & E-rate)*Total Discounted NRC* Site Name Site NameService ProviderService TypeRequested Bandwidth [1]Est Contract End DateNon Recurring Cost*MRC for 5 year term* Add'l MRC (e.g. Collector Circuit)NRC MRCDiscounted NRC*Discounted MRC*$142.80 $0.00 San Bernardino Public Library - Feldheym Central LibraryCalREN SpectrumLit Circuit1 Gbps 7/1/2028$0.00 $714.00 $0.00 $0.00 $0.00 $35.70Renewal San Bernardino Public Library - Inghram Branch LibrarySan Bernardino Public Library - Feldheym Central LibrarySpectrumLit Circuit1 Gbps 7/1/2028$0.00 $714.00 $0.00 $0.00 $0.00 $35.70RenewalSan Bernardino Public Library - Rowe Branch LibrarySan Bernardino Public Library - Feldheym Central LibrarySpectrumLit Circuit1 Gbps 7/1/2028$0.00 $714.00 $0.00 $0.00 $0.00 $35.70RenewalSan Bernardino Public Library - Villasenor Branch LibrarySan Bernardino Public Library - Feldheym Central LibrarySpectrumLit Circuit1 Gbps 7/1/2028$0.00 $714.00 $0.00 $0.00 $0.00 $35.70Renewal

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[1] 100Mbps, 250Mbps, 500Mbps, 1Gbps, 10Gbps, 100Gbps,

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55600.00100\40050514.1
Master Agreement Page 1 of 7

AGREEMENT BETWEEN SAN BERNARDINO PUBLIC LIBRARY AND

COLUMBIA TELECOMMUNICATIONS CORPORATION

FOR THE PROVISION, INSTALLATION AND MAINTENANCE OF

ADVANCED NETWORK (DATA) SERVICES
T
his Agreement, hereinafter referred to as “Agreement”, is entered into as of June 1, 2022 by and between Columbia Telecommunications Corporation d/b/a CTC Technology and Energy, hereinafter referred to as “CTC” and San Bernardino Public Library, hereinafter referred to as “Library”. CTC and Library are sometimes referred to in this Agreement individually as “Party” and collectively as “Parties”. All written communications between the parties shall be addressed as follows unless and until amended in writing by the respective party.

San Bernardino Public Library
Ed Erjavek
Library Director
555 W. Sixth Street
San Bernardino, CA 92410
CTC Technology and Energy
Heather D. Mills
Vice President, Grant & Funding Strategies
10613 Concord Street
Kensington, MD 20895
[email protected]
W

ITNESS THAT
W
HEREAS, CTC, is the Statewide Broadband Access Administrator for the California State Library Broadband Services Project (“Project”); and
W
HEREAS, CTC, on behalf of the California State Library, has contracted with the Corporation for Education Network Initiatives in California (“CENIC”) and its subsidiaries to provide high speed networking to libraries in California; and
W
HEREAS, Library desires to enter into an agreement with CTC to obtain one or more data circuits to connect Library to the CENIC high speed broadband fiber network, CalREN, and, if specified in Appendix #1, attached, to connect Library to other library sites as identified in said Appendix for the purpose of connecting to CalREN.

NO
W THEREFORE, Library and CTC enter into this Agreement:

1. P
urpose
I
t is the purpose of this Agreement to set forth the terms and conditions applicable to the provision of communications and related network services to Library under the Project.

2. S
ervices to be Provided
Parties understand that the primary communications infrastructure provided by CENIC is the California Research and Education Network ("CalREN"). Services that CENIC will provide to Libraries will include use of CalREN and contracting for and provision of data circuits supplied by network service providers.

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Master Agreement Page 2 of 7

C
TC, on behalf of Library, will contract with CENIC for such data circuits. Specific circuits and their costs are included in the Appendix #1 attached which may be amended from time to time by mutually signed Addenda (“Services”). CTC assures Library that CENIC or CTC will notify Library of installation requirements and necessary maintenance instructions. Neither CENIC nor CTC shall be responsible for operating or maintaining software, equipment or cabling that connects equipment or network services not provided by CENIC for the Services unless specifically agreed to in writing by CENIC.

P
arties agree to provide notice to the other Party within 10 calendar days of a failure by CENIC or the network service provider to deliver Services, or otherwise comply with the terms as described in this Agreement, including Appendix #1 and subsequent Addenda. If noticed non-performance is not cured in a timely manner, Parties agree to meet within 10 days of said notice and discuss appropriate remedies including but not limited to cancellation of related services or service credits as specified in the underlying agreements between CENIC and its network service provider and CTC and CENIC.

L
ibrary is responsible for calculating and paying any early termination penalties that might apply due to cancellation of existing connections so that it may receive Services under this Agreement.

L
ibrary is responsible for completing, signing, and submitting any required Letter of Agency, or related documentation, to confirm its participation in and eligibility for the E-rate Consortia and to authorize CENIC, as the E-rate Consortia lead, to act on its behalf as described under the Letter of Agency for the purpose of securing E-rate discounts.

L
ibrary is further responsible for completing, signing, and submitting any responsible Letter of Authorization, or related documentation, to the California Public Utilities Commission to authorize CTC and CENIC to act on its behalf to submit an application and supporting documentation for the purpose of receiving discounts on eligible network services as part of the California Teleconnect Fund program.

If L
ibrary is currently receiving E-rate funding for its existing services, Library remains responsible for continuing to apply for that E-rate funding until all CENIC Services are turned up and existing E-rate supported services are canceled.

3. T
erm and Termination of this Agreement
(a) TERM OF THIS AGREEMENT. This Agreement shall be in effect from June 1, 2022 until the termination of all Services including the circuits ordered under this Agreement (as defined in Appendix #1: CENIC Circuit Quote and any subsequent Addenda under this Agreement), or unless otherwise terminated by a Party pursuant to the terms of this Agreement. Specific terms for the circuits provided pursuant to this Agreement shall depend on the specific date such circuit is “handed off” to Library pursuant to Appendix #1 or subsequent Addenda or as noticed in writing by CENIC to Library. (b) TERMINATION. Termination of this Agreement prior to the end date of any given circuit, as described in Appendix #1 or subsequent Addenda, shall result in Library paying any applicable circuit telecommunications carrier termination charges or similar early termination charges that CTC incurs under its agreement with CENIC resulting from early termination of the Service.

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Master Agreement Page 3 of 7

(c) Notwithstanding the above, upon a sixty (60) day written notice prior to the second and each following June 30 after a circuit is installed, Library may cancel a circuit without penalty if it verifies to CTC and CENIC that funding to pay for that circuit is not available and Library agrees that for at least 12 months after said notice it will not order or otherwise obtain a replacement circuit or substantially similar services in place of the cancelled circuit. (d) Library may terminate this Agreement with no penalty if non-recurring, one-time costs for all circuits included in Appendix #1 and any subsequent Addenda are materially increased by the telecommunications carrier from the amount shown in Appendix #1. (e) CTC may terminate this Agreement or assign its rights and responsibilities under this Agreement to a third party upon no less than sixty (60) day written notice to Library, in the event of termination or expiration of its duties and obligations under the Project and with written approval of the California State Library.

4. Payment
CTC bills quarterly in arrears. Payment for services shall be due within thirty (30) days of receipt of a CTC invoice reflecting provision of the services for which the invoice is sent; or as otherwise agreed to by Library and CTC. Except for non-recurring costs, if any, costs in Appendix #1 and any subsequent Addenda shall only begin upon installation of circuit(s). Library will put forth reasonable efforts to make payments within thirty (30) days after receipt of invoice. Library understands and agrees that CTC will only make payment to CENIC for services upon receipt of related payments from Library. If Library fails to make payments within thirty (30) days after receipt of invoice, it agrees to pay any reasonable late payment fees incurred by CTC under its agreement with CENIC.

Unless otherwise agreed to between the Parties, all circuit deployment fees, if any as set forth in Appendix #1 and subsequent Addenda are non-cancelable and nonrefundable. Upon termination of this Agreement, or any Services provided under this Agreement, any outstanding circuit deployment fees, outstanding recurring charges, non-recurring fees, applicable circuit termination charges, and applicable early termination penalties, shall become due and payable immediately upon termination.

5. Miscellaneous

(a) CONDITIONS OF USE. Library agrees to conform to the CENIC Appropriate Use Policy located at https://cenic.org/network/policies/acceptable-use-policy (revised September 13,
2004) and to any specific conditions of use imposed by network service providers or subcontractors providing communications services to CENIC as may be in force at the time such services are made available, including pursuant to an Addendum to this Agreement. If CENIC, subcontractors, or network service provider conditions of use are modified, Library will be notified and if Library believes it can no longer conform to their requirements, Library shall have one hundred eighty (180) days from the notice of the modification to terminate the affected Service(s) without penalty. Library must provide a 30-day written notice of its termination under this provision to CTC and CENIC. If Library does not elect to terminate the Service(s), Library must conform to the revised conditions of use. If Library fails to conform to the revised conditions of use, the Services may be subject to termination upon sixty (60) day notice to Library from CTC or CENIC.

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Master Agreement Page 4 of 7

(b) CONFLICTING CLAUSES. If any clause in this Master Agreement is in conflict with a clause in an Addendum to this Agreement, the language in the Addendum shall take precedence only for the service defined in that Addendum. (c) FORCE MAJEURE. Neither Party shall be responsible for performance of its obligations hereunder where prevented, delayed, or hindered by war, riots, embargoes, strikes involving third parties, acts of third party communications service providers, including any local access provider, or of their vendors, or suppliers unrelated to the services offered under this Agreement, acts of unrelated third parties, accidents, cable cuts by third parties not related to services provided under this Agreement, natural disasters, act(s) of God or any other event beyond the reasonable control of the Parties.
(d) GOVERNING LAW. The laws of the State of California shall govern this Agreement. (e) NON-LIBRARY USES: Library understands that this agreement covers only library use of CalREN and of circuits provided hereunder and Library agrees that no other uses will be made of the services provided herein.

6. E
ntire Agreement
This Agreement and any Addenda contemporaneously or subsequently executed by the parties constitute the entire Agreement between the parties regarding the subject matter of this Agreement and supersede all prior written or oral agreements with respect to such. This Agreement may not be modified orally, and no modification or amendment shall be binding unless in writing and signed by authorized representatives of both parties.

7. G
eneral Provisions

7.1 Nondiscrimination: During the performance of this Agreement , (
a) CTC and its subcontractors shall not deny the Agreement’s benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex. (b
) CTC shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

7.2 Severability: It is expressly agreed and understood by the Parties hereto that if any provision of this Agreement is held to be or invalid under any applicable statute or rule of law, it is deemed to that extent to be omitted. However, the balance of the Agreement shall remain in full force and effect.

7.3 Rights and Remedies: The rights and remedies of the Parties provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law.

7.4 Prior Agreements: Library agrees that any prior agreements entered into between any entity that previously served as the Broadband Administrator and the Library for the purpose of participating in the CENIC E-Rate Consortium or receiving services pursuant to that program has been terminated.

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Master Agreement Page 6 of 7

Appendix #1
P rovision, Installation and Maintenance
Of Advanced Network (Data) Services:

Reimbursement of Circuit Costs
T
his Appendix lists the circuits contracted for by CENIC on behalf of CTC and the Library for connecting CENIC’s fiber optic backbone to Library and for library connections that are not direct connections to CENIC’s fiber optic backbone, e.g. direct connections between libraries (defined as “Services” in the Agreement). Library understands that CENIC will bill CTC, and CTC will bill Library, for the costs of circuits charged by network service providers, including any taxes and surcharges, and any one-time installation fees. Prior to approval of CENIC’s E- rate Consortium Library Application, not all applicable E-rate and CTF discounts will be reflected on invoices. After the E-rate Application for any given year is approved, the network service provider will coordinate with CENIC to provide appropriate credits and such credits will be passed from CENIC to CTC and from CTC to the Library. Such credits are typically issued sometime during the fiscal year after the year in which the circuits are installed and Services are first provided. In subsequent years, credits continue to be issued in the fiscal year after the year for which Services have been provided. Library further understands that the exact discounted cost of circuits will not be known until after the E-rate Consortium Library Application is approved. The actual start date of the Service, and therefore of circuit costs, will be dependent on coordination among CENIC, the Library and the network service provider. Any one-time (Non-recurring or NRC) costs included below are typically invoiced by carriers prior to circuit installation and will be invoiced to Library upon receipt of invoice to CENIC from the network service provider.

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Library Year 3 Quote Summary
San Bernardino Public Library
Description
First Year On Going
1G to CalREN, 1G to branches Price Price
Service
Non-Recurring -$ - -
Discount (E-rate) $0.00
Monthly -$ 4,750.00 -
Discount (E-rate) -$4,275.00
Discount (CTF) -$237.50
Total: $2,850.00 $2,850.00

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San Bernardino Public Library
5 year term
1G to CalREN, 1G to branches
Summary Totals Pre Discount Costs (not including Taxes & Surcharges) Estimated Net Costs, after discounts applied (not including Taxes & Surcharges)
NRC* Monthly NRC* Monthly
-$ - - -$ 4,750.00- -$ - - -$ 237.50-
Note 1: Design is for a circuit from Feldheym Central Library to a CalREN Hub site. Circuits from the Branch Libraries are to go to Feldheym Central Library 1G Circuit to CalREN
Connection to HUB Disc % Pre Discount Costs Estimated Net Costs, after discounts applied E-rate Discount for San Bernardino Public Library**: 0.9 CTF Discount***: 0.5
Connection to CalREN Hub at San Bernardino Public Library NRC* Monthly NRC* Monthly Link 1: 1G to CalREN Hub -$ - - -$ 1,450.00- -$ - - -$ 72.50- Taxes & Surcharges on links Varies
Library Equipment
San Bernardino Public Library is responsible to provide a router with at least one LAN interface. This router should support BGP and NAT. An upgraded Firewall appliance may also be needed to support the data streams. 1G circuits to branches

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Itemized - Main to Branches Pre Discount Costs Estimated Net Costs, after discounts applied Circuits to San Bernardino Public Library NRC* Monthly NRC* Monthly Link2: Inghram Branch Library to Feldheym Central Library -$ - - -$ 1,100.00- -$ - - -$ 55.00- Link3: Rowe Branch Library to Feldheym Central Library -$ - - -$ 1,100.00- -$ - - -$ 55.00- Link4: Villasenor Branch Library to Feldheym Central Library -$ - - -$ 1,100.00- -$ - - -$ 55.00- Taxes & Surcharges on links Varies
Library Equipment
Main Library will need a router or switch with at least one LAN interface. This router should support BGP and NAT. An upgraded Firewall appliance may be necessary. Each branch will also need a router or switch with at least one LAN interface.

Note 2: These numbers do not include early termination fees that might be required from current provider(s), nor equipment the Library may need to purchase to support these circuits, nor Taxes & Surcharges on the circuits.

Definitions
*NRC - Non-Recurring Charges
**E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. Actual discount percentage will be identified by the E rate authorities at a later point. ***CTF discount: percent discount of amount after E rate discount is applied.

CTF discount is always 50%.

Note 3: E-rate and CTF discounts are dependent upon the continued funding of these programs. CENIC/Califa cannot guarantee the E-rate and CTF discounts, and these discounts are subject to change.

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15.c
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Attachment: Attachment 3 First Amendment with Califa (8951 : Library Internet Service Agreement with Columbia Telecommunications

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15.c
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Attachment: Attachment 3 First Amendment with Califa (8951 : Library Internet Service Agreement with Columbia Telecommunications

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AGREEMENT BETWEEN SAN BERNARDINO PUBLIC LIBRARY ANI)
CALIFA
FOR THE PROVISION, INSTALI-ATION AND MATNTENAI\CE OF

ADVANCED NETWORT( (DATA) SERVTCES
This Agreement, hereinafter referred to as "Agreement", is entered into as of January 1,20L7 by and between Califa Group, a California public benefit corporation, hereinafter referred to as "Califa" and the San Bernardino Public Library, hereinafter refemed to as "Library". Califa and Library are sometimes referred to in this Agreement individually as "Party" and collectively asooParties". All written communications between the parties shall be addressed as follows unless and until amended in writing by the respective party.

San Bernardino Public Library Califa
Ed Erjavek Paula MacKinnon
Library Director Interim Director
555 W. Sixth Street ; 247L Flores Street
San Bernardino, CA 924t0 San Mateo, CA94403

WITNESS THAT
WHEREAS, Califa, on behalf of the California State Library, has contracted with CENIC to provide high speed networking to libraries in California; and WHEREAS, Library desires to contract with Califa to obtain one or more data circuits to connect Library to the CENIC high speed broadband fiber network, CalREN, and, if specified in appendix #1, attached, to connect Library to other library sites as identified in said appendix for the purpose of connecting to CalREN.

NOW THEREFORE, Library and Califa enter into this Agreement:

1. Relationship between the Parties
It is the purpose of this Agreement to set forth the terms and conditions applicable to the provision of communications and related network services to Library.

2. Services to be Provided
The primary communications infrastructure provided by CENIC is the California Research and Education Network ("CalREN"). Among the services that CENIC will provide to Libraries Master Agreement Page 1 of8

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3. are use of CaIREN and contracting for and provision of data circuits supplied by network service providers.

Califa, on behalf of Library, will contract with CENIC for such data circuits. Specific circuits and their costs are included in the appendix attached. Califa will assure that CENIC notifies the Library of installation requirements and necessary maintenance instructions. Neither CENIC nor Califa shall be responsible for operating or maintaining software, equipment or cabling that connects equipment not provided by CENIC for the services unless specifically agreed to in writing by CENIC.

Term and Termination of this Agreement
(u) TERM OF THIS AGREEMENT. This Agreement shall be in effect from January 1,2017 through June30,2022.
(b) TERMINATION. Termination prior to the end date stated above shall result in Library having to pay any circuit telecommunications carrier termination charges resulting from early termination of the Service. Notwithstanding the above, upon a 60 day written notice prior to the second and each following June 30 after a circuit is installed, Library may cancel a circuit without penalty if funds are not appropriated for this Agreement and Library does not for at least 12 months after shid notice order or otherwise obtain a replacement circuic in place of the cancelled circuit.

G) Library may terminate this agreement if non-recurring, one-time costs for all circuits included in appendix L are increased by the telecommunications carrier from the amount shown in appendix L. See footnote for non-recurring charges in appendix L for more information.

Payment
Payment for services shall be due within thirty (30) days of receipt of a Califa invoice reflecting provision of the services for which the invoice is sent; or as otherwise agreed to by Library and Califa. Except for non-recurring costs, if any, costs in Appendix I shall only begin upon installation of circuit(s). Library will put forth reasonable efforts to make payments within thirty (30) days after receipt of invoice.

5. Miscellaneous
(a) CONDffIONS OF USE. Library agrees to conform to the CENIC Appropriate Use Policy located at http http://www.cenic.org/p=208U and to any specific conditions of use imposed by subcontractors providing communications services to CENIC as may be in force at the time such services are made available per an Addendum to this Agreement. ff such conditions of use are modified library will be notified and if Library believes it can no longer conform to their requirements, Library shall have one hundred eighty (180) days to terminate the affected service without penalty. If Library does not elect to terminate the service, Library must conform to the revised conditions of use or be subject to termination of the service by CENIC.

4. Master Agreement Page 2 of I

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6. 7.
(b) CONFLICTING CLAUSES. If any clause in this Master Agreement is in conflict with a clause in an Addendum to this Agreement, the language in the Addendum shall take precedence but only for the service defined in that Addendum. (c) FORCE MAIEURE. Neither party will be responsible for performance of its obligations hereunder where delayed or hindered by war, riots, embargoes, strikes involving third parties, acts of Local Access Providers or of its vendors, or suppliers, acts of unrelated third parties, accidents, cable cuts, act(s) of God or any other event beyond its reasonable control. (d) GOVERNING LAW. The laws of the State of California shall govern this Agreement. (e) NON LIBRARY USES: Library understands that this agreement covers only library use of CaIREN and of circuits provided hereunder and Library agrees that no other-uses will be made of the services provided herein.

Entire Agreement
This Agreement and any Addenda contemporaneously or subsequently executed by the parties constitute the entire Agreement between the parties regarding the subject matter of this Agreement and supersede all prior written or oral agreements with respect to such. This Agreement may not be modified orally, and no modification shall be binding unless in writing and signed by authorized General Provisions

7.L Nondiscrimination:
(u) During the performance of this Contract, Califa and its subcontractors shall not deny the Contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age (over 40) or sex. Califa shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

It is expressly agreed and understood by the parties hereto that if any provision of this Agreement is held to be or invalid under any applicable statute or rule of law, it is deemed to that extent to be omitted. However, the balance of the Agreement shall remain in full force and effect.

Rights and Remedies: The rights and remedies of Library provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law.

8. Indemnification. Library shall indemnify Califa, its trustees, officers, agents and employees harmless from and against any and all liability, loss, expenses (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or

7.2 7.3
Master Agreement Page 3 of 8

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damages are caused by or result from the negligent or intentional acts or omissions of Library its officers, agents, or employees.

Califa shall indemnify Library, its trustees, officers, agents and employees harmless from and against any and all liability, loss, expenses (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Califa, its officers, agents, or employees.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives.

Paula MacKinnon
Name
Interim Director
Title
_ L.U.17
Date

APPROVED AS TO EORM
GARY D. SAENZ, CITY ATTORNEY
eV,
\ \
,\/)t __-/
Name
Master Agreement Page 4 of 8

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Appendix #1
Provision, Installation and Maintenance
Of Advanced Network (Data) Services:

Reimbursement of Circuit Costs
This Appendix lists the circuits contracted for by CENIC on behalf of Califa and the Library for connecting CENIC's fiber optic backbone to Library and for library connections that are not direct connections to CENIC's fiber optic backbone, e.g. direct connections between libraries.

Library understands that CENIC will bill Califa, and Califa will bill Library, for actual costs of circuits charged by network service providers, including taxes and surcharges and without markup. Prior to approval of CENIC's Library consortium E-rate application by the FCC's E- rate contractor, not all applicable E-rate and CTF discounts will be reflected on invoices. After the E-rate application for any given yeal is approved, the network service provider will coordinate with CENIC to provide appropriate credits and such credits will be passed from CENIC to Califa and from Califa to the Library. Such credits are typically issued sometime during the fiscal year after the year in which the circuits are installed and services are first provided. In subsequent years, credits continue to be issued in the fiscal year after the year for which services have been provided. Library further understands that the exact discounted cost of circuits will not be known until after the E-rate consortium application is approved. The actual start date of the service, and therefore of circuit costs, will be dependent on coordination among CENIC, the Library and the network service provider. Any one time (Non-recurring or NRC) costs included below are typically invoiced by cariers prior to circuit installation and will be invoiced to Library upon receipt of invoice to CENIC from carrier.

Master Agreement Page 5 of 8

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Circuits from the Branch
Libraries are to go to
Feldheym Central Library
1G Circuit to CaIREN
Connection to HUB
Disc
% Pre Discount Costs Estimated Net Costs, after
discounts applied
E-rate Discount for San
Bernardino Public Librarv** : 0.9
CTF Discount***: 0.5
Connection to CaIREN Hub at
San Bernardino Public Librarv NRC* Monthly NRCX Monthly Link 1: 1G to CaIREN Hub :
s
1,450.00
S S

72.50 Master Agreement Page 6 of 8

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Taxes & Surcharees on links Vories
Library Equipment
San Bernardino Public Library is responsible to
provide a router with at least one LAN interface. This
router should support BGP and NAT. An upgraded
Firewall appliance may also be needed to support the
data streams.
1G circuits to branches
Itemized - Main to
Branches
Pre Discount Costs Estimated Net Costs, after
discounts applied
Circuits to San Bernardino
Public Librarv
NRCX Monthly NRCX Monthly
Link2: lnghram Branch Library
to Feldhevm Central Librarv :

S
1,100.00
S s

55.00 Link3: Rowe Branch Library to
Feldhevm Central Librarv
S S

1.100.00
S S

55.00 Link4: Villasenor Branch
Library to Feldheym Central
Librarv
S s
1,100.00
s S

55.00 Taxes & Surcharges on links Varies
Library Equipment
Main library will need a router or switch with at least one LAN interface. This router should support BGP
and NAT. An upgraded Firewall appliance may be
necessary. Each branch will also need a router or
switch with at least one LAN interface.

Note 1: These numbers do
not include early termination
fees that might be required
from current provider(s), nor
equipment the library may
need to purchase to support
these circuits, nor Taxes &
Master Agreement Page 7 of 8

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Surcharges on the circuits.

Definitions
"NRC - Non-Recurring
Charges
* * E-rate discount: percent
discount indicated is an
estimate based on data
available at the time the
quote was generated. Actual
discount percentage will be
identified by the E rate
authorities at a later point.
** *CTF d iscount: percent
discount of amount after E
rate discount is applied. CTF
discount is always 50%.

Note 2: E-rate and CTF
discounts are dependent
upon the continued funding
of these programs.

CENIC/Califa cannot
guarantee the E-rate and CTF
discounts, and these
discounts are subject to
chan
Master Agreement Page 8,of 8

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 16, 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 the California Department of Developmental Services - Social Recreation Grant in the amount of
$156,0000 (All Wards)
Recommendation:

It is recommended that the of the Mayor and City Council of San Bernardino, California adopt resolution No. 2023-130 to:

1. Authorize the City Manager to accept the grant award in the amount of $156,000;

2. Authorize the City Manager or their designee to conduct all negotiations, signing, 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
The Center for Individual Development, under the purview of the Department of Parks, Recreation, and Community Services, received notification of a grant award in the amount of $156,000. This grant will be used for programs and supplies that will enhance service levels to individuals with disabilities and special needs and increase staff development through specific training.

Background
In 2021, The American Rescue Plan Act provided the Department of Developmental Services (DDS) with $12.5 million in Grants for Enhanced Community Integration for Children and Adolescents (Social Recreation Grants). This grant funds projects that

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enhance and develop integrated and inclusive social and recreational programs for families, children, and adolescents with intellectual and developmental disabilities in underserved communities. DDS is awarding more than $8 million to community groups in all 21 regional centers to increase social recreation opportunities for Californians with intellectual and developmental disabilities. Grantees will implement a variety of projects that will provide services in more than 21 languages. The grant seeks to focus on communities with limited access to resources and the grant structure encourages recipients to continue serving those with disabilities long after the grant funds are expended.

Discussion
On March 17, 2023, City staff received notice of an award from the Inland Regional Center DDS - Social Recreation Grant in the amount of $156,000 for the creation of programming and supplies. The Social Recreation grant allows the City to provide opportunities for community members to explore through educational workshops and day trips. In addition, it provides experiences for youth, teens, and families with individuals from disabilities. The grant term is from July 2023 through December 2023 and the grant is a reimbursable grant with no match funding required from the City.

Staff estimate this grant will work to assist hundreds of participants, caregivers, and staff.
2021-2025 Strategic Targets and Goals
This request aligns with Strategic Target No. 1.c. Financial Stability – Grant focus on providing funding for transportation, program operations, and capacity costs associated, Strategic Target No. 2.a. Focused, Aligned Leadership and Unified Community – Provide service learning, career pathways, and leadership opportunities.

Strategic Target No. 3.b. Improved Quality of Life- Increase the ability of residents in underserved areas, as well as improve the health and wellness through educational and outdoor recreational activities.

Fiscal Impact
The budget will be amended in revenues and expenditures for the grant funds in FY 2023/24. There is no net budgetary impact.

Conclusion
It is recommended that the of the Mayor and City Council of San Bernardino, California adopt resolution No. 2023- 130 to:

1. Authorize the City Manager to accept the grant award in the amount of $156,000;

2. Authorize the City Manager or their designee to conduct all negotiations, signing, 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 2023-130.

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Attachment 2 Grant Agreement Inland Regional Center Attachment 3 Payment Form
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A

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Resolution No. 2023-130
Resolution 2023-130
August 16, 2023

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RESOLUTION NO. 2023-130

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA, TO

AUTHORIZE THE CITY MANAGER TO ACCEPT THE
SOCIAL RECREATIONAL GRANT IN THE AMOUT OF $
156,000, AUTHORIZE THE CITY MANANAGER OR THEIR

DESIGNEE TO CONDUCT ALL NEGOTIATIONS

SIGNINGS AND SUBMITTIALS OF NECESSARY

DOUCMENTS TO RECEIVE GRANT AWARDS, AND

AUTHORIZE THE AGENCY DIRECTOR OF

ADMINISTRATIVE SERVICES TO AMEND THE BUDGET
TO APPOPRIATE THE GRANT FUNDS FOR FY 24.

WHEREAS, the American Rescue Plan Act provided the Department of Developmental Services (DDS) $12.5 million for Grants for Enhanced Community Integration for Children and Adolescents (Social Rec Grants); and WHEREAS, San Bernardino Parks, Recreation, and Community Services applied for the Social Recreation Grant through the California Department of Developmental Services; and WHEREAS, City staff received a Notice of Grant Award on March 17, 2023, from the State awarded the City a reimbursement grant of $156,000.

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 City of San Bernardino authorize the City Manager or his designee to accept the Social Recreational Grant in the amount of $156,000.

SECTION 3. Mayor and City Council of City of San Bernardino authorize the City Manager or his designee to conduct all signings and submittals of necessary documents to receive grant awards.

SECTION 4. Mayor and City Council hereby authorize the Agency Director of Administrative Services to amend the FY 2023/24 adopted operating budget for revenue and expenditures in the amount of $156,000.

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Resolution No. 2023-130
Resolution 2023-130
August 16, 2023

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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 16th 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. 2023-130
Resolution 2023-130
August 16, 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. 2023-130, adopted at a regular meeting held on the 16th day of August 2023 by the following vote:

Genoveva Rocha, CMC, City Clerk

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INLAND REGIONAL CENTER
…valuing independence, inclusion and empowerment
P. O. Box 19037, San Bernardino, CA 92423-9037
Telephone: (909) 890-3000
Fax: (909) 890-3001

Principal Document
Inland Counties Regional Center

Enhanced Community Integration
for Children and Adolescents

Between

Inland Counties Regional Center, Inc.

And

City of San Bernardino
(Pillar Project)
OPS

FY 23-24 Social Rec Grant

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Contractor Name: City of San Bernardino (Pillar Project)

_____CONTRACTOR Page 2 of 26 IRC_____
Contract Expiration Date: 31-Dec-2023

CONTENTS

PART 1

1. TERM OF AGREEMENT .................................................................................................................. 4

2. SCOPE OF WORK .............................................................................................................................. 4

3. TIME OF THE ESSENCE .................................................................................................................. 4

4. FULL AND TOTAL COMPENSATION ......................................................................................... 4

5. INVOICE AND PAYMENT PROCESS ........................................................................................... 5

6. WARRANTY ........................................................................................................................................ 5

7. RIGHT TO TERMINATE .................................................................................................................. 6

8. AVAILABILITY AND EXAMINATION OF RECORDS ............................................................. 6

9. AUDITS ................................................................................................................................................. 7

10. MONITORING BY IRC ..................................................................................................................... 7

11. NO ASSIGNMENT/TRANSFER OF INTEREST .......................................................................... 8

12. INDEPENDENT CONTRACTOR .................................................................................................... 8

13. INDEMNIFICATION.......................................................................................................................... 8

14. CONFIDENTIALITY OF RECORDS .............................................................................................. 9

15. CONSUMER GRIEVANCE ............................................................................................................... 9

16. NONDISCRIMINATION ................................................................................................................... 9

17. COMPLIANCE WITH ALL LAWS ................................................................................................. 9

18. DRUG FREE WORKPLACE CERTIFICATION ........................................................................ 10

19. DUTY TO INVESTIGATE OR REPORT ..................................................................................... 10

20. NON-WAIVER OF BREACH .......................................................................................................... 10

21. INTEGRATION CLAUSE ............................................................................................................... 10

22. NOTICES ............................................................................................................................................ 10

23. CONTRACTUAL AMENDMENT OR MODIFICATION ......................................................... 11

24. DISCLOSURE .................................................................................................................................... 11

25. ARBITRATION ................................................................................................................................. 11

26. SEVERABILITY ................................................................................................................................ 11

27. ENTIRE AGREEMENT ................................................................................................................... 11

28. SIGNATURES .................................................................................................................................... 12

PART 2

SPECIAL TERMS AND CONDITIONS

EXHIBITS
EXHIBIT A Scope of Work, Schedule, Description of Authorized Services EXHIBIT B Terms of Payment and Pricing
EXHIBIT C Sample Invoice
EXHIBIT D Zero Tolerance Policy

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Contractor Name: City of San Bernardino (Pillar Project)

_____CONTRACTOR Page 3 of 26 IRC_____
Contract Expiration Date: 31-Dec-2023

ATTACHMENTS
ATTACHMENT A DDS approved final approval funding concepts ATTACHMENT B Grant Proposal
ATTACHMENT C DDS Project Types and Standard Outcome Measures

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Contractor Name: City of San Bernardino (Pillar Project)

_____CONTRACTOR Page 4 of 26 IRC_____
Contract Expiration Date: 31-Dec-2023

General Terms and Conditions

Inland Counties Regional Center, Inc., a California Nonprofit Corporation, doing business as Inland Regional Center (hereinafter “CLIENT,” or “ IRC,” or “REGIONAL CENTER” ), and City of San Bernardino (Pillar Project) (hereinafter “CONTRACTOR”), hereby enter into this Enhanced Community Integration for Children and Adolescents (ECICA) Provider Funding (hereinafter “AGREEMENT”) in which CONTRACTOR agrees to provide services to meet the requirements of the federal Centers of Medicare & Medicaid Servicers (CMS) Enhanced Community Integration for Children and Adolescents (ECICA) final regulations, or rules (hereinafter “SERVICES”) to CLIENT in compliance with the terms and conditions set forth in this agreement.

CLIENT and CONTRACTOR may be referred to herein individually as “Party” or collectively as “Parties.”

1. TERM OF AGREEMENT

1.1. Subject to the provision for early termination contained herein, this AGREEMENT is effective commencing April 1, 2023 and ending December 31, 2023.

2. SCOPE OF WORK(SOW)

2.1. The services to be provided by the CONTRACTOR shall be consistent with the 2017 Budget Act (AB97 Chapter 14, Statue of 2017) to include applicable Federal Requirements 1 thru 10; wherein those services are described, definitively in Exhibit A of this AGREEMENT.

3. TIME OF THE ESSENCE

3.1. This AGREEMENT is subject to a definitive time schedule and time is of the essence.

4. CONTRACT PRICE, FULL AND TOTAL COMPENSATION

4.1. CLIENT, in exchange for the WORK, completed in a form reasonably satisfactory to the CLIENT, shall pay the CONTRACTOR, subject to additional terms and conditi ons defined in this AGREEMENT, the following not-to-exceed (NTE) amount(s):

4.1.1. Approved Funding: $156,000.00, One Hundred and Fifty-Six Thousand Dollars

4.2. CONTRACTOR agrees this is a cost reimbursable agreement, and the CLIENT shall pay CONTRACTOR for allowable incurred costs which are substantiated by a receipt or other CLIENT accepted documentation, and the NTE value stated herein is not a guaranteed lump sum amount the CLIENT shall pay the

CONTRACTOR

4.3. CONTRACTOR agrees the payments made by IRC, and any other cons ideration as provided in this AGREEMENT, shall be the sole and complete compensation and consideration to CONTRACTOR, for any expenses, costs, wages, fees, taxes, or other sums incurred and or paid by CONTRACTOR in performing the Services as set forth in this AGREEMENT.

4.4. CONTRACTOR agrees to accept the Rate , or Sums, as set forth in this Agreement in exchange for the Services during the TERM of this AGREEMENT.

4.5. Contractor shall comply with the provisions of Welfare & Institutions Code §4652.5 requiring entities to contract with an independent accounting firm and obtain a review or audit of their financial statements if the entity receives an amount equal to or more than two hundred fifty thousand dollars ($250,000.00) but less than five hundred thousand dollars ($500,000) from regional centers during the entity's fis cal year.

Additionally, if the entity receives five hundred thousand dollars ($500,000) or more from regional centers during the entity's fiscal year, the entity will contract with an independent accounting firm to obtain an audit of the entity's financial statements.

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Contractor Name: City of San Bernardino (Pillar Project)

_____CONTRACTOR Page 5 of 26 IRC_____
Contract Expiration Date: 31-Dec-2023

5. INVOICE AND PAYMENT PROCESS

5.1. CONTRACTOR shall submit invoices to IRC for payment of the Services in the form and manner as required by IRC and consistent with IRC’s schedule for billing submittal, as set out in this AGREEMENT.

5.1.1. CONTRACTOR shall ensure the final project invoice is submitted within ninety (90) days of project completion.

5.2. CONTRACTOR shall submit separate, consecutively numbered invoices with the AGREEMENT number conspicuously displayed at the top of each page.

5.2.1. The invoices shall indicate the time period during which the Services, as defined in Exhibit A, were provided ..

5.2.2. The CONTRACTOR may only submit an invoice for an allowable cost. Allowa ble costs are defined in Exhibit A, Section 7 and Exhibit B, Section 2.

5.2.3. Each invoice shall consist of one (1) original , with all supporting documentation, and one (1) electronic copy, with all supporting documentation in PDF form.

5.3. CONTRACTOR shall substantiate each charge, request for reimbursement, request for payment, or other compensation for services rendered with an original receipt. CLIENT shall not be obligated to pay for invoice items not fully supported by CONTRACTOR approved timesheets, or any other documentation as may be required by CLIENT.

5.4. CLIENT agrees to pay each contractually compliant invoice, less any amounts in dispute, in accordance with the payment schedules established in this AGREEMENT.

5.5. CONTRACTOR agrees to submit invoices within ninety (90) days after their due date. This shall not affect the statute of limitations for either PARTY to bring an action relating to such invoice and payment.

5.6. CLIENT shall have the right to verify the Services have been satisfactorily performed by CONTRACTOR.

5.7. CLIENT may withhold such amounts as may be necessary to protect CLIENT from loss on account of failure to complete Services in accordance with the terms and conditions of this AGREEMENT.

5.8. In the event CLIENT disputes any invoice in whole or in part, CLIENT shall pay the undisputed portion within the applicable payment period, but may withhold payment of the disputed amount or may pay the disputed amount without waiver of any of its rights, including the right to seek reimbursement.

5.9. CONTRACTOR agrees if it is overpaid for any services, the amount of overpayment shall be recovered by CLIENT from all payments due and payable to CONTRACTOR under this AGREEMENT or any other AGREEMENT between CLIENT and CONTRACTOR, or as otherwise allowed by law.

5.10. The parties shall endeavor to settle and adjust any disputed amount forthwith.

6. WARRANTY

6.1. CONTRACTOR represents and warrants the following circumstances exist on the date of this AGREEMENT and will continue to exist while the AGREEMENT is in effect:

6.1.1. There is no action, suit, proceeding , or investigation pending, or to the knowledge of the CONTRACTOR, threatened against CONTRACTOR, which would r esult in a substantial liability to CONTRACTOR not adequately covered by CONTRACTOR'S insurance or otherwise adversely affect or impair CONTRACTOR'S ability to provide the Services as contemplated by this AGREEMENT;

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Contractor Name: City of San Bernardino (Pillar Project)

_____CONTRACTOR Page 6 of 26 IRC_____
Contract Expiration Date: 31-Dec-2023

6.1.2. The making and performance of this AGREEMENT by CONTRACTOR will not violate any provision or constitute a default under any indenture, Agreement or instru ment to which the CONTRACTOR is a party, or by which the CONTRACTOR is bound or to be affected, that would adversely affect or impair CONTRACTOR'S ability to provide the Services as contemplated by this AGREEMENT.

6.1.3. CONTRACTOR agrees to comply with the provision defined in Welfare and Institution Code (WIC) 4629.7, as applicable.

7. RIGHT TO TERMINATE

7.1. REGIONAL CENTER may issue a written notice of its intent to terminate this Agreement at any time if CONTRACTOR has materially breached any provision pursuant to this Agreement. Such notice of intent to terminate this Agreement from the REGIONAL CENTER to CONTRACTOR shall contain the reason(s) for the REGIONAL CENTER's intent to so terminate, and unless arrangements satisfactory to the REGIONAL CENTER for the correction of the breach are made within thirty (30) days after service of such notice, REGIONAL CENTER may issue a final written notice of termination, whereupon this Agreement shall cease and terminate.

7.2. Such notice of intention to terminate this Agreement from the REGIONAL CENTER to CONTRACTOR shall contain the reason(s) for the REGIONAL CENTER'S intention to so terminate, and unless within thirty (30) days after service of such notice the condition or violation ceases and arrangements satisfactory to the REGIONAL CENTER for the correction thereof are made, and REGIONAL CENTER has acknowledged in writing the ceasing of such condition or violation and the arrangements for the correction thereof, this Agreement shall, upon the expiration of said thirty (30) days, cease and terminate, and the REGIONAL CENTER shall have no further obligation hereunder.

7.3. In the event CONTRACTOR breaches or defaults on any portion of this AGREEMENT, CONTRACTOR will repay funds equal to the amount contributed by CLIENT for the services to be provided under this agreement.

7.4. CONTRACTOR may issue a written notice of its intent to terminate this Agreeme nt at any time if REGIONAL CENTER has materially breached any provision pursuant to this Agreement. Such notice of intent to terminate this Agreement from the CONTRACTOR to the REGIONAL CENTER shall contain the reason(s) for the CONTRAC TOR's intent to so terminate, and unless arrangements satisfactory to the CONTRACTOR for the correction of the breach are made within thirty (30) days after service of such notice, CONTRACTOR may issue a final written notice of termination, whereupon this Agreement shall cease and terminate.

8. AVAILABILITY AND EXAMINATION OF RECORDS

8.1. CONTRACTOR shall maintain, and have available for inspection, by IRC, the California Department of Developmental Services (DDS), and/or the State of California, or any Federal agency with jurisdiction over the Services provided under this AGREEMENT (collectively AGENCY):

8.1.1. Any and all books, records, documents, and other documentation and evidence pertaining to all income, expenses, and Services relating to and connected with the performance of this AGREEMENT; and

8.1.2. All personnel, consumer, financial, and any other Services records relating to or connected with the performance of this AGREEMENT as enumerated in, or related to, the records requirements of California Code of Regulations Title 17, et. seq., (collectively RECORDS); and

8.1.3. CONTRACTOR shall continue to maintain and have the RECORDS available for inspection by an AGENCY from and after its expiration for a minimum of three (3) years from the date of IRC's final payment for Services provided under this AGREEMENT.

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8.2. CONTRACTOR shall continue to maintain and make the RECORDS available to an AGENCY for an additional three (3) years following:

8.2.1. Disposition of any claim, dispute, administrative proceeding, or litigation (collectively CLAIM) concerning performance under this AGREEMENT, about which an AGENCY, or any of its lawfully authorized representatives, has taken exception, or

8.2.2. Final Disposition of any appeal regarding a CLAIM, whichever is the latest date to occur. Final Disposition shall mean December 31st of the year following the date on which a final ruling on a CLAIM has been issued and all appeals or administrative processes concerning the CLAIM have been exhausted; and the time for any further appeal or reconsideration of any and all kind has expired.

8.3. CLIENT shall notify CONTRACTOR in writing at least, fifteen (15) days prior to any inspection of information referenced in section 8.1 and section 8.2.

8.4. CONTRACTOR shall hold IRC harmless from, and indemnify it against, any judgment, loss, penalties, assessments, or damages involving a CLAIM arising because of CONTRACTOR'S failure to maintain the RECORDS or to follow the standard business practices, laws, rules, regulations, or applicable s tate and Federal laws in accordance with the provisions of this AGREEMENT.

9. AUDITS

9.1. During this term of this AGREEMENT and at all reasonable times thereafter as provided above, under "Availability and Examination of Records ," CONTRACTOR'S RECORDS shall be open for audit, examination, and reproduction by IRC, DDS, or any Federal Agency with jurisdiction over the Services or payments covered under this AGREEMENT; and

9.2. The parties agree to use and be bound by CCR Title 17, §§ 50700 et. seq., as amended from time to time, respecting any audit , audit finding(s), recommendation(s), or appeal of any audit finding(s) or recommendation(s) (AUDIT DECISION);

9.3. If an AUDIT DECISION discloses a discrepancy in the RECORDS reflecting an overpayment to CONTRACTOR by IRC, CONTRACTOR shall accept financial liability for:

9.3.1. The cost of the audit if the overpayment was in excess of fifteen percent (15%).

9.3.2. Reimbursement to IRC based on the AUDIT DECISION, to include, without limitation, IRC’s right to thereafter set-off any reimbursements due it from CONTRACTOR as determined by the AUDIT DECISION, as against funds otherwise due CONTRACTOR for services under this AGREEMENT, and irrespective of whether the reimbursement due IRC and any resulting set-off rights in IRC relate to Services provided by the CONTRACTOR to the same or other consumers.

9.3.3. If set-off is not feasible, CONTRACTOR shall promptly repay IRC any amounts found owing under the AUDIT DECISION , unless CONTRACTOR has timely appealed the AUDIT DECISION and repayment has been stayed pursuant to the applicable sections of CCR Title 17, §§ 50700 et. seq., as amended from time to time.

9.3.4. In accordance with CCR Title 17, § 50706, subdivision (b), the parties shall pay their respective attorneys’ fees incurred in connection with any AUDIT DECISION (including attorneys’ fees for representation in any fair hearing process).

10. MONITORING BY IRC

10.1. IRC reserves the right to monitor CONTRACTOR'S progress in the development of the services to be provided under this AGREEMENT, the administration of this AGREEMENT. CLIENT reserve the right

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to schedule, and CONTRACTOR agrees to attend , an interdisciplinary CONTRACTOR and CLIENT meeting to review the aforementioned.

10.2. CLIENT, at its sole discretion, may request in writing, and CONTRACTOR agrees to provide, progress reports documenting the progress made or completion of WORK as defined in this AGREEMENT or problems encountered in the completion of WORK defined in this AGREEMENT.

11. NO ASSIGNMENT/TRANSFER OF INTEREST

11.1. The experience, skill, knowledge, good judgment, discretion, capability, and reputation of CONTRACTOR, its principles, officers, directors, owners and /or employees on the effective date of this AGREEMENT comprised a substantial inducement for IRC to enter into this AGREEMENT. CONTRACTOR agrees it shall not sell, assign, mortgage, pledge, hypothecate, encumber, or otherwise transfer (TRANSFER) any of its rights, responsibilities, or interests in and to this AGREEMENT to any other entity or individual without first requesting and obtained the written approval of IRC's Director.

11.2. CONTRACTOR shall not subcontract any of the services to be provided under this agreement without first having requested and obtained CLIENT’s written consent.

11.3. If CONTRACTOR is a sole proprietorship, corporation, or LLC, any TRANSFER or contract to TRANSFER more than ten percent (10%) of the assets, shares of stock, or INTEREST in CONTRACTOR, whether by sale, contract for sale, gift, or otherwise, by CONTRACTOR'S owner or owners, shareholder or shareholders, or others controlling any INTEREST in CONTRACTOR by operation of law or order of any Court, shall constitute a breach of this AGREEMENT resulting in a Default by CONTRACTOR.

11.4. If the CONTRACTOR is a partnership, a change in the legal status of the partnership, including but not limited to, the removal or resignation of any of the partners, or a lessening of any partner's INTEREST in the partnership, or transfer of addition will trigger a default of the CONTRACTOR'S duties under this AGREEMENT, unless the written consent of the Director of IRC has first been obtained.

12. INDEPENDENT CONTRACTOR

12.1. The CONTRACTOR agrees that while performing und er this AGREEMENT, CONTRACTOR and its employees and agents are acting in an independent capacity and not as officers, employees, or agents of IRC.

12.2. CONTRACTOR is under the control of CLIENT as to the result of his/her services only and not as to the means by which said result is accomplished. CONTRACTOR shall, subject to the provisions of this AGREEMENT, retain sole and absolute discretion and judgment with respect to the manner of rendering the services contemplated of him/her under this agreement. IRC is interested in only the results obtained, has only the general right of inspection, review and approval of the WORK, in order to assure satisfactory completion of the WORK and compliance with the terms of this AGREEMENT.

12.3. CONTRACTOR shall be solely responsible for all matters relating to compensation, benefits, health insurance and retirement plans for its employees, subcontractors and/or independent contractors including compliance with any and all applicable State and/or Federal laws and regulations relating to such matters.

The CONTRACTOR, or CONTRACTOR’s employees are not entitled, or eligible to, participate in any benefit plan offered by CLIENT to CLIENT’s employees.

13. INDEMNIFICATION

13.1. CONTRACTOR agrees to indemnify, defend, and hold harmless IRC, DDS, the State of California, and any Federal agency with jurisdiction or involvement from any and all losses arising as a result of CONTRACTOR's failure of performance under this Agreement, including reasonable attorney fees and costs associated with defense of any action, arbitration, proceeding, or claim arising out of

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CONTRACTOR's failure of performance under this Agreement. This indemnity and hold harmle ss provision shall apply to any and all claims or demands made by reason of:

13.1.1. Any injury to person or property sustained by CONTRACTOR, or by any person, firm, corporation, agent, employee of CONTRACTOR, or entity or person other than PROVIDERS rendering any services under this Agreement on behalf of CONTRACTOR, for CONTRACTOR, or in conjunction with CONTRACTOR, either directly or indirectly, and however the Injury resulted.

13.1.2. Any injury to person or property (Injury) sustained by any person, firm, corporati on, agent, employee, or invitee (Person) as a result of the failure to perform services by CONTRACTOR, or and by any other person rendering services to be performed by CONTRACTOR under this Agreement, or in conjunction with CONTRACTOR, other than PROVIDERS, which Injury is caused by or results from any act, whether as a result of material violation, default, or omission of CONTRACTOR or of any person, firm, corporation or other entity performing any services relating to this Agreement on behalf of CONTRACTOR.

13.2. CONTRACTOR at its own expense and risk shall defend any action, legal proceeding, or arbitration or other mediation proceeding, that may be brought on or with respect to any such claim or deman d arising from CONTRACTOR’s failure of performance, and CONTRACTOR shall pay and satisfy any settlement or judgment which may arise from any injuries described herein.

13.3. CLIENT agrees to indemnify and hold harmless CONTRACTOR, its officers, agents, and employees, from any and all losses arising as a result of CLIENT’s failure of performance under this Agreement, including reasonable attorneys’ fees and costs associated with the defense of any action, arbitration, proceeding, or claim arising out of CLIENT’s failure of performance under this Agreement.

14. CONFIDENTIALITY OF RECORDS

14.1. The CONTRACTOR and all employees, agents, independent contractors or others working with or in conjunction with CONTRACTOR in providing the services as provided for under this AGREEMENT shall respect the confidentiality of all consumer information they receive or maintain, regardless of the source of the information, and in accordance with the provisions of W & I Code §§ 4514, 5328, 14100.2, and the federal Health Insurance Portability & Accountability Act of 1996 (HIPAA) and related state and federal laws and regulations as may be hereafter added, amended, replaced, or revised from time to time relating to matters of confidentiality of consumer records.

15. CONSUMER GRIEVANCE

15.1. Pursuant to Welfare and Institutions Code Section 4705, and CCR Title 17, § 50608, or such other provisions as hereafter amended, replaced, or revised from time to time respecting matters of consumer grievances, the CONTRACTOR shall adopt and periodically review a written internal procedure to resolve consumer grievances.

16. NONDISCRIMINATION

16.1. CONTRACTOR agrees to d evelop, implement, and maintain a nondiscrimination program as required pursuant to applicable State of California, and Federal, laws and regulations, including Title 2, California Code of Regulations, § 8101, et seq.

16.2. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this Section in all subcontracts to perform work under this AGREEMENT.

17. COMPLIANCE WITH ALL LAWS

17.1. CONTRACTOR shall render services in accordance with the applicable provisions of Federal and California laws, including, without limitation, W&I § 4500 et. seq ., CCR regulations promulgated thereunder ,

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including, without limitation, CCR , Title 17 , §§ 50201 et. seq ., and Service Prov ider Accountability Regulations in CCR, Title 17, §§ Sections 50601 through 50612.

17.2. The specific mention of any particular state or federal laws in this AGREEMENT is not intended to, and shall not be construed to, excuse CONTRACTOR'S compliance with other existing state or federal laws, rules, or regulations relating to the services to be provided under this AGREEMENT.

17.3. The parties agree that any amendment, revision, deletion and replacement of any state or federal laws, rules, or regulations relating to the services to be provided under this AGREEMENT shall automatically apply to this AGREEMENT.

17.4. This Agreement shall be construed in accordance with and be governed by the laws of the State of California.

To the extent any provision of this Agreement is deemed illegal, unenforceable, or otherwise invalid by a Court of competent jurisdiction such portion shall be stricken and the remaining provisions shall remain and maintain their full force and effect.

18. DRUG FREE WORKPLACE CERTIFICATION

18.1. CONTRACTOR certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug-free Workplace Act of 1990 (Government Code, Section 8350 et. seq.) and will provide a drug-free workplace.

19. DUTY TO INVESTIGATE OR REPORT

19.1. CONTRACTOR agrees, as applicable in keeping with the Services to be provided, to review and become familiar with the provisions of Title 17, § 54327 regarding Special Incident Reporting (SIR), to comply with both the spirit and intent of the SIR provisions and requirements, including, but without limitation, the reporting ti me requirements provided therein, and that CONTRACTOR require all its employees, subcontractors, or others providing services to CONTRACTOR pursuant to this AGREEMENT likewise comply with SIR requirements.

20. NON-WAIVER OF BREACH

20.1. A Waiver of a breach of any provision of this AGREEMENT by a Party shall not constitute a waiver of any other breach. Failure of a Party to enforce a provision of this AGREEMENT shall not be construed as a waiver.

21. INTEGRATION CLAUSE

21.1. This writing, including its attachments and references, is intended as a final expression of the AGREEMENT between the parties. A supplement, modification, or amendment to this AGREEMENT shall not be binding unless executed in writing by all the parties. The execution of any amendment or modificat ion to this AGREEMENT shall comply with the requirements of applicable statutes, regulations and provisions of IRC’s contract with DDS.

22. NOTICES

22.1. All notices appropriate, called for, or required under this AGREEMENT shall be mailed first class, postage pre-paid, and shall be deemed received and effective five (5) business days, weekends and nationally observed holidays shall be excluded, from the date of mailing, if mailed to the address and party noted below. Each party shall serve notices, requests or demands by registered or certified mail as follows:

INLAND COUNTIES REGIONAL CENTER, INC.

Attn: Amanda McGuire
P.O. Box 19037
San Bernardino, CA 92423-9037

CONTRACTOR
Attn: Charles E. McNeely
290 North D Street
San Bernardino CA 92401

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23. CONTRACTUAL AMENDMENT OR MODIFICATION

23.1. This AGREEMENT may not be modified or amended except by the written consent of all parties hereto.

23.2. CONTRACTOR and IRC operate within and are subject to various State and Federal statutes, rules and regulations (Laws) as referenced in this AGREEMENT and as otherwise applicable, which Laws may be amended or replaced from time to time during the Term of this AGREEMENT.

23.3. IRC and CONTRACTOR must in good faith notify one another upon gaining knowledge of any amendment or new law which would affect this AGREEMENT. If amendment of this AGREEMENT is not possible, or if any provision of this AGREEMENT be declared unconstitutional, that portion is to be stricken and the rest of the Agreement shall remain in full force and affect.

23.4. Provided, however, in the event any provision of this AGREEMENT shall be, or later is in found to be in conflict with any State or Federal statutes or regulations, this AGREEMENT is thereby amended to conform to the provisions of such statutes and regulations. Such amendment shall be binding on the parties even though such amendment may not have been reduced to writing and formally agreed upon and executed by the parties.

23.5. IRC and CONTRACTOR shall, in good faith, promptly give notice to the other party if either obtains information of any such statute or regulation as would affect this AGREEMENT.

24. DISCLOSURE

24.1. In the event CONTRACTOR requires a license of any type to provide the Services pursuant to this AGREEMENT, CONTRACTOR must disclose, as to such license(s), any past, present or pending licensure revocation, denial, actions, suspensions, adverse notices, non-compliance citations.

25. ARBITRATION

25.1. In the event any dispute should arise between the parties hereto as to the validity, construction, enforceability or performance of this AGREEMENT or any of its provisions, such dispute shall be settled by binding arbitration.

25.2. Arbitration shall be conducted in the city of San Bernardino, California, in accordance with the rules then governing the American Arbitration Association.

25.3. The California rules of discovery shall apply to such proceeding. The prevailing party, as determined by the arbitration, shall be awarded reasonable attorneys' fees and costs, court costs and other expenses, including actual expert witness fees, if any, incurred in such action or proceedings, in addition to any other relief to which prevailing Party may be entitled.

26. SEVERABILITY

26.1. If any covenant, condition, or other provision contained in this AGREEMENT is held to be invalid, void or illegal, by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this AGREEMENT and shall in no way affect, impair or invalidate any other covenant, condition, or other provision contained herein. If such condition, covenant or other provision shall be deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope or breadth permitted by law.

27. ENTIRE AGREEMENT

27.1. This AGREEMENT constitutes the entire agreement between the Parties, pertaining to the subject matter contained herein and supersedes all prior agreements, representations, and understandings of the Parties,

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either oral or written. No supplement, modification or amendment of this AGREEMENT shall be binding unless executed in writing by all the PARTIES.

28. SIGNATURES

28.1. IN WITNESS WHEREOF, this AGREEMENT has been executed by the parties by as evidenced by their signatures below, the Effective Date to be that date as first set out above. By their signatures below the parties acknowledge and warrant each to the other, that the executing party has the authority to enter into and execute this AGREEMENT as represented below.

“CLIENT”
INLAND COUNTIES REGIONAL CENTER, INC., a
California non-profit Corporation

By:_________________________________
Lavinia Johnson, Executive Director
Authorized signatory

Date: _______________________________
“CONTRACTOR”
City of San Bernardino (Pillar Project)

By: ______________________________
Charles McNeely, City Manager
Authorized signatory

Date: ____________________________

PART 2

SPECIAL TERMS AND CONDITIONS

Set forth herein are modifications to specific terms and conditions that are contained in the General Terms and Conditions section of this AGREEMENT. The modifications contained in this section take precedence over those terms contained in the General Terms and Conditions section of this AGREEMENT. Except as modified herein, all other terms and conditions contained in the General Terms and Conditions remain in full force and effect.

(RESERVED)

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EXHIBIT A
Scope of Work, Schedule, Description of Authorized Services

1. CONTRACTOR INFORMATION

1.1. CONTRACTOR Name: City of San Bernardino (Pillar Project)

1.2. CONTRACTOR Address: 201 North D Street San Bernardino CA 92401

1.3. CONTRACTOR Mailing Address (if different from business address): 290 North D Street San Bernardino CA 92401

2. AUTHORIZED SIGNATORIES

2.1. Name: Charles McNeely

3. EFFECTIVE DATE and TERM

3.1. Subject to the provision for early termination contained herein, this AGREEMENT is effective commencing April 1, 2023 and ending December 31, 2023.

4. TYPE OF SERVICE

4.1. Enhanced Community Integration for Children and Adolescents

5. SERVICES TO BE PROVIDED BY CONTRACTOR

5.1. CONTRACTOR shall provide services to the following approved programs:

5.1.1. ECICA: Start-Up Funding, Community Connector

5.1.1.1. Detailed Service Outline in Attachment B

5.1.2. ECICA: Start-Up Funding, Community Engagement and Friendship Outreach

5.1.2.1. Detailed Service Outline in Attachment B

5.1.3. ECICA: Start-Up Funding, Education and Training

5.1.3.1. Detailed Service Outline in Attachment B

5.1.4. ECICA: Start-Up Funding, Financial Assistance

5.1.4.1. Detailed Service Outline in Attachment B

5.1.5. ECICA: Start-Up Funding, Setting Modification

5.1.5.1. Detailed Service Outline in Attachment B

5.1.6. ECICA: Start-Up Funding, Vendorization Assistance

5.1.6.1. Detailed Service Outline in Attachment B

5.2. CONTRACTOR shall attach as an ATTACHMENT A, the DDS approved proposal in accordance with the (ECICA) final approval funding concepts to include but not limited to:

5.2.1. Details regarding the project including specifics on how the funding will be used to increase compliance with the federal requirements;

5.2.2. Details regarding how consumer input will be used in the development and implementation of the project;

5.2.3. A detailed budget for the project

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5.2.4. For projects involving the purchase of items or services, a justification (e. g. multiple quotes) of the cost-effectiveness of the purchase;

5.2.5. A project timeline identifying key milestones;

5.2.6. Specific and measurable objective indicators to show progress toward compliance with the federal requirements;

5.2.6.1. Objective indicators should address how the funds will move the delivery of services toward compliance and address how changes in compliance will be measured. Progress toward compliance should be evaluated by the outcome the allocated funds produce. For example, funding approved for train-the-trainer certification may have interim objectives to obtain the certification and then train other staff, once certified, but the outcome and pr ogress should be evaluated based on how the training is be implemented on an individual level, and in what ways the program has changed the provision of services to be more person centered.

5.2.7. A requirement for quarterly reporting to the regional center on p roject implementation, including progress related to key milestones and measurable progress toward compliance with federal requirements; and

5.2.8. A Plan for sustainability of the progress made toward compliance after contract completion.

5.3. CONTRACTOR shall attach as an ATTCHMENT B, the ECICA Rules Provider Compliance Evaluation Enclosures.

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EXHIBIT B

TERMS OF PAYMENT, PRICING

1. TERMS OF PAYMENT

1.1. Subject to the terms and conditions defined in this AGREEMENT, specifically articles four (4) and five (5) of this AGREEMENT, the CLIENT shall only reimburse CONTRACTOR for allowable costs, as defined in the Exhibit A, Section 7, which are substantiated by a receipt or other document, which is deemed acceptable by CLIENT.

1.2. The CONTRACTOR invoices submitted to the CLIENT must be signed by a duly authorized CONTRACTOR representative.

2. CONTRACTOR COMPENSATION FOR SERVICES

2.1. Subject to the terms and conditions of this AGREEMENT the CLIENT shall reimburse the CONTRACTOR for the following allowable payments:

2.1.1. Submission of first invoice for contract execution (30% of grant amount). All projects must begin on or before April 1, 2023: $46,800.00

2.1.2. Submission of first progress report and second invoice (30% of grant amount): $46,800.00

2.1.3. Submission of second progress report and third invoice (30% of grant amount) : $46,800.00

2.1.4. Submission of final report and invoice (10% of grant amount) The deadline for the project will be December 1, 2023, with all reports due prior: $15,600.00

2.2. The ECICA Compliance Funding Not to Exceed ( NTE) value is One Hundred and Fifty-Six Thousand Dollars ($156,000.00).

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EXHIBIT C

SAMPLE REIMBURSEMENT/INVOICE SUBMITTAL FORM

INLAND REGIONAL CENTER
1365 S. WATERMAN AVE.

SAN BERNARDINO, CA 92408
(909) 890-3000

INVOICE NUMBER_____________________ BILLING DATE ________

ORGANIZATION NAME ____________________________ PHONE NUMBER _____________

ADDRESS: ______________________________________________________________________

QUANTITY AND DESCRIPTION AMOUNT TOTAL

Sub Total

GRAND TOTAL

I certify that the above-listed services and items are
costs as authorized by ECICA Compliance Funding
Contract. CLIENT approved documents for these
costs are attached.

___________________________________________
Authorized Signature

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EXHIBIT D

ZERO TOLERANCE POLICY

1.7 ZERO TOLERANCE POLICY RE: CONSUMER ABUSE AND NEGLECT POLICY
In accordance with Article 1, Section 17 of IRC’s Master Contract with the State of California, Consumer abuse committed by Inland Regional Center (IRC) workforce members or owners and/or employees of service providers or long term care facilities will not be tolerated. There is zero tolerance for such activity. All such abuse or allegations of such abuse will in all cases be thoroughly investigated. Any incident where it reasonably appears that verbal abuse, physical abuse, abandonment, abduction, isolation, financial abuse, or neglect of an adult Consumer has occurred, or in instances where an IRC workforce member is told by an adult Consumer that he or she has experienced such abuse, the matter shall be promptly reported to the applicable governmental authority (subject to certain limited exceptions described in the Adult Reporting Law).

APPLICABILITY
This policy and procedure applies to all Inland Regional Center Workforce Members; all IRC licensed and vendorized service providers and/or contractors; all employees of IRC licensed and vendorized service providers and/or contractors.

PURPOSE

Nothing is more important to the Inland Regional Center than the health, safety and security of its consumers.

Therefore, the Board of Trustees has adopted a “zero tolerance” policy as it relates to consumer abuse or neglect.

STANDARDS

1. Any IRC workforce member found to have engaged in abuse against a consumer will be subject to severe discipline, up to and including immediate termination of employment and/or prosecution to the fullest extent of the law.

2. Any abuse found to have been committed by an owner or employee of a service provider or long term care facility employee will:

a. Be referred to the appropriate authorities for reporting and potential prosecution. b. Be subject to sanctions up to and including removal from the list of those authorized to provide services for regional center consumers.

3. Mandated Reporters

a. All individuals covered under the spirit of this policy and procedure who are “mandated reporters,” pursuant to the California Penal Code, shall strictly comply with the reporting laws at all times. b. A mandated reporter must (unless exempt under law) report all consumer abuse to the applicable governmental authorities immediately or as soon as practicable after his or her discovery or reasonable belief that consumer abuse has occurred.

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DEFINITIONS

1. IRC licensed and Vendorized Service Providers and/or Contractors – Providers or contractors that provide direct service and support (as defined by Welfare & Institutions Code section 4512(b)) to individuals with developmental disabilities within IRC’s catchment area.

2. Mandatory Reporters – The California Legislature has adopted various laws to protect all children, dependent adults and elder adults from various types of abuse and neglect. These laws also apply to Consumers. The following California Laws apply to the various demographics covered in this procedure.

a. The Elder Abuse and Dependent Adult Civil Protection Act (W&I Code § 15600 – 15675)

i. Provides (among other things) that any person who has assumed responsibility for the care or custody of an adult Consumer, including administrators, supervisors, and any licensed staff of a facility that provide care or services for adult Consumers, is a mandated reporter. ii. Under the Adult Reporting Law, any mandated reporter who has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect of an adult Consumer, or (ii) is told by an adult Consumer that he or she has experienced Adult Abuse, or (iii) reasonably suspects the existence of Adult Abuse, shall report the Adult Abuse to the applicable governmental authorities (subject to certain limited exceptions described in the Adult Reporting Law).

b. The Child Abuse and Neglect Reporting Act (CPC Code § 11164 - 11174.5)

i. Provides (among other things) that various categories of persons who interact with a Consumer under the age of 18 are mandated reporters.
ii. Any mandated reporter under this act who has knowledge of or observes a person under 18 whom th e mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect shall report the abuse to the applicable government authorities (subject to certain limited exceptions described in the Child Reporting Law).
iii. Note that the list of mandated reporters who are obligated to report child abuse is different than the list of mandated reporters obligated to report adult abuse. Refer to the actual code for specifics.

3. IRC Workforce Member – All Inland Regional Center full-time employees, part-time employees, temporary or agency employees, authorized consultants, contractors, and/or vendors.

4. Physical Abuse - The use or attempt to use force on the person of another, unreasonable physical constraint or prolonged or continual deprivation of food, water, or sexual abuse. It also means the use of isolation, physical or chemical restraint, or psychotropic medication without medical authorization for punishment.

5. Mental Suffering - Fear, agitation, confusion, severe depression or other forms of emotional distress that is brought about by threats, harassment or other forms of intimidating behavior.

6. Neglect - The negligent failure of a person(s) having care or custody of a consumer to exercise a reasonable degree of care including, but not limited to, a failure to assist in personal hygiene and the provision of food, clothing, and shelter, or failure to provide medical care or protect the consumer from health and safety hazards.

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PROCEDURES FOR POLICY COMPLIANCE

1. Inland Regional Center management and all of Inland Regional Center’s vendorized service providers and long term health care facilities serving Inland Regional Center consumers shall:

a. Ensure that their respective workforce members and/or employees are fully informed upon hire and annually thereafter regarding Inland Regional Center’s Policy on Consumer Abuse and Neglect and the mandatory abuse and neglect reporting laws.
b. Ensure that their respective workforce members and/or employees are knowledgeable of their responsibility to protect consumers from abuse and neglect; of the signs of abuse and neglect; and of the process for reporting suspected abuse or neglect, and the consequences of failing to follow the law and enforce this policy.

2. If an Inland Regional Center workforce member or an Inland Regional Center service provider or long-term health care facility becomes aware of consumer abuse:

a. They shall take immediate action to stop the abuse from occurring, to the extent permitted by law. b. They shall ensure the health and safety of the affected consumer and all other consumers receiving services and supports is safeguarded.
c. They shall report the incident to the appropriate authorities in accordance with the California mandatory reporter laws.
d. These obligations are in addition to those required of mandated reporters to report consumer abuse under the reporting laws and apply to all IRC workforce members.

3. Once Inland Regional Center management is made aware of any alleged incident of consumer abuse concerning an Inland Regional Center consumer, they shall cause an immediate, thorough, and independent investigation to be conducted.

a. This investigation may be conducted either internally, or through the use of an outside investigative resource.
b. It is imperative that the investigation determines all relevant facts and make every effort to determine the following:

i. Has an incident of consumer abuse actually occurred? ii. If so, who is responsible for the alleged abuse?
iii. Have appropriate measures been taken by those in authority to stop the alleged abuse from recurring and to protect the consumer from any further abuse?
iv. Has the allegation of abuse been properly reported to the applicable legal authorities?

RELATED POLICIES - None.

ATTACHMENTS – None.

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AUTHORITY / CITATIONS

- Article 1, Section 17 of Inland Counties Regional Center’s Master Contract with the State of California - Elder Abuse and Dependent Adult Civil Protection Act (W&I Code § 15600 – 15675) - The Child Abuse and Neglect Reporting Act (CPC Code § 11164 - 11174.5)

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Contractor Name: City of San Bernardino (Pillar Project)

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Contract Expiration Date: 31-Dec-2023

ATTACHMENT A

Set forth herein are DDS approved ECICA final approval funding concepts.

1. Details regarding the project, including specifics on how the funding will be used to increase compliance with the federal requirements.

See Attachment on following page.

Details regarding how consumer input will be used in the development, implementation, and ongoing monitoring of the project.

See Attachment on following page.

2. A detailed budget for the project.

See Attachment on following page.

3. For projects involving the purchase of items or services, a justification (e.g. multiple quotes) of the cost- effectiveness of the purchase.

N/A

4. A project timeline identifying key milestones;
See Attachment on following page.

5. Specific and measurable objective indicators to show progress toward compliance with the federal requirements.

See Attachment on following page.

6. A requirement for monthly reporting to the regional center on project implementation, including progress related to key milestones and measurable progress toward compliance with the federal requirements.

Monthly reports will be provided to include the achievement of timeline benchmarks, results of surveys and progress toward compliance with the federal requirements. Supporting documentation may be requested at any time and shall be maintained by the grantee for each line item of the approved budget. Examples of supporting documentation shall include but are not limited to timesheets, mileage logs, cancelled checks, bank statements, purchase receipts and attendance records.

7. A plan for the sustainability of the progress made toward compliance after contract completion.

8. Grant funds must be expended on good and services that will benefit children and adolescents who are Regional Center clients.

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Contractor Name: City of San Bernardino (Pillar Project)

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9. No more than 15 percent of the grant funds may be spent on administrative costs (WIC section 4629.7.

10. The setting must include opportunities to engage in community life and receive services in the community, to the same degree of access as individuals not receiving Medicaid HCBS, as required in the Final Rule (WIC section 4501).

11. For entities that receive payments from on or more regional centers, the grantee must be in good standing with its independent audit or independent review of its financial statements (WIC section4652.5).

12. Current vendors with awarded projects cannot use grant funds for project types similar to currently vendored regional center services.

13. The contract must require the grantee to develop and implement an outreach plan in collaboration with the regional center, including how the community will be informed of the grant projects. The plan must include outreach to diverse communities, in languages that reflect the regional center’s catchment area.

14. If vendorization is pursued by the grantee following the grant cycle, the grantee must comply with the vendorization regulations.

15. The contract must include specific goals for each outcome measure as defined in Attachment A of the grant guidelines. Every grant project must identify and report on the standard outcome measures. Projects with budgets over $100,000 must also establish and report progress on meeting goals for supplemental outcome measures. The following is an example of what the standard outcome measures are for each project type:

a. Community Connector Projects:
i. Number and name of inclusive social and recreational programs accessed by individuals through the Community Connector.
ii. List of person-centered thinking tools used to facilitate integration and inclusivity.

1. Examples include but are not limited to: Person-centered thinking planning skills that were used.
b. Community Engagement and Friendship Outreach:
i. Number of training classes held.
ii. Number of people (including general population and individuals) who attended the training.
iii. Number of outreach or community engagement events.

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Contractor Name: City of San Bernardino (Pillar Project)

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Contract Expiration Date: 31-Dec-2023

iv. Number of people (including general population and individuals) who attended outreach or community engagement events.
c. Education and Training
i. Number of training classes held.
ii. Number of staff that attended and completed training(may include certification)

1. It is recommended that the training programs include an assessment component and criteria for participants to meet competencies such as pre and post tests to measure learning outcomes. Supporting documentation must be available on request.
iii. Number of community members that attended and completed training iv. Number of individuals who were served by trained/certified staff. d. Financial Assistance:
i. Membership or activity scholarships.
ii. Reduced fees for monthly memberships and/or activity fees. iii. Art classes that include an exhibition featuring art created by class participants. e. Increased Access to Culturally and Linguistically Competent Programs:
i. Number of new culturally and linguistically competent staff hired. ii. Number of stipends paid to bilingual/multilingual existing staff. iii. Number of staff that completed culturally and linguistic competence training.

1. It is recommended that training programs include an assessment component and criteria for participants to meet competencies such as pre and post tests to measure learning outcomes. Supporting documentation must be available on request.
iv. Number of training classes related to culturally and linguistically competence training held.
v. Number and type of documentation and outreach materials translated.

1. Examples of materials may include but are not limited to brochures, flyers, registration forms, websites, and other types of educational information that will be disseminated to the target population.
f. Setting Modifications:
i. Number of setting modifications completed.
ii. Description of progress towards completion of setting modifications. g. Transportation:
i. Number of completed vehicle modifications.
ii. Brief description of progress towards completion of vehicle modifications. iii. Dollar value and number of bus passes provided.
iv. Dollar value and number of vouchers provided to individuals.

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Contractor Name: City of San Bernardino (Pillar Project)

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v. Number of individuals that use to pick up and drop off services. Do not count the same individual more than once.

See Attachment on following page.

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Contractor Name: City of San Bernardino (Pillar Project)

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Contract Expiration Date: 31-Dec-2023

ATTACHMENT B
Grant Proposal
See Next Page

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EXHIBIT C

SAMPLE REIMBURSEMENT/INVOICE SUBMITTAL FORM

INLAND REGIONAL CENTER
1365 S. WATERMAN AVE.

SAN BERNARDINO, CA 92408
(909) 890-3000
INVOICE NUMBER_____________________ BILLING DATE ________ ORGANIZATION NAME ____________________________ PHONE NUMBER _____________ ADDRESS: ______________________________________________________________________

QUANTITY AND DESCRIPTION AMOUNT TOTAL
Sub Total

GRAND TOTAL
I certify that the above-listed services and items are
costs as authorized by ECICA Compliance Funding
Contract. CLIENT approved documents for these
costs are attached.
___________________________________________
Authorized Signature

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 16, 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: Amendment to the Professional Services Agreements between City of San Bernardino and Redwood Private
Security for Park Patrol at City Parks and Citywide
Events
Recommendation:

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

1. Authorize the City Manager to execute the Amendment to the Professional Services Agreement with Redwood Private Security for Park Patrol at City Parks and Citywide Events.

3. Authorize the Agency Director of Administrative Services to issue a purchase order not to exceed $180,000.

Executive Summary
Staff began enforcing after hours security with a presence in the parks in May 2023.

Having seen an improvement in the amount of nightly crime in the parks and community center spaces, staff is recommending a monthly contract, not to exceed $30,000 per month, to continue ensuring that municipal codes are being enforced by armed guards with options to cite or call for arrest when needed. These efforts will

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continue in the parks until the citywide security RFP is completed and awarded via the Public Works Department.

Background
Initial use for private security within the Parks, Recreation and Community Services Department was implemented for special events throughout the City including during Festival at Seccombe Lake Park, and the Miracle on Court Street 22-day event in downtown San Bernardino. Due to extensive decor and equipment being used daily, 24- hour security was contracted through Redwood Security. This private security service proved effective in not only helping to secure our parks by closing gates, making sure patrons were not trespassing after park operational hours, but also by providing a presence and enforcing the City’s municipal codes with the ability to cite as needed.

The City of San Bernardino is home to thirty-three parks that span approximately five hundred acres of open space and developed land. The Parks, Recreation and Community Services Department developed a plan to enhance maintenance efforts at Meadowbrook and Perris Hill Park in May 2023. Staff worked implement an enhanced park patrol schedule for nonoperational hours in the parks. These patrols showed to be effective overnight as the presence of a patrol created awareness of park rules, specifically trespassing and criminal activity. Currently, the Redwood Security group patrols the following parks and spaces:

1. Meadow Park

2. Seccombe Lake Park

3. Perris Hill Park

4. Pioneer Cemetery

5. Wildwood Park

6. Encanto Park

7. Court St. Square

8. Norton Gymnasium
Cultural Development Fund
The Cultural Development Fund is a Development Impact Fee Fund that is intended to be used for costs that benefit that improvement of the City. Whether capital or operating, expenditures from this fund should positively impact the quality of life for the community. Parks, cultural events, recreational facilities, and operations that support these all fall within the general intent of the Cultural Development Fund.

Discussion
Safety was the primary request from residents who attended the Parks and Recreation Master Plan meetings in April 2023. Numerous concerned park patrons also attended council meetings in February and March to state their concerns about the cleanliness and safety of City parks. Staff worked in concert with Park Operations and Facility Maintenance to develop a prioritized list of park sites that would be closed for maintenance and renovations. Each park closure was complimented with security

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detail in the evening hours from 6:00 p.m. to 6:00 a.m.

Overnight, the maintenance and security efforts showed to be effective and in less than three months, staff have collected participation data showing an over 300% increase of parks usage in comparison to this time last year. These positive efforts led to developing a Request for Proposal for citywide security services. In the interim, while the RFP is sent, reviewed by staff, and selected and awarded by Council, staff is recommending a six-month contract not to exceed $180,000 for Redwood to continue to provide security patrols at the park locations listed above. The average monthly total for security guards to properly patrol these locations, seven days per week, is $30,000.

As prioritized maintenance efforts continue at City parks, it is crucial for afterhours security to be present. The officers will provide daily patrol reports allowing staff to identify hot spot and problem areas which can be reported to PD for additional assistance if needed. In addition, reports will quantify resource and outreach efforts completed, and the demeanor of individuals who are provided resources and information via the housing and outreach services brochure pamphlet provided by our outreach team.

If the RFP is completed and a contract is awarded before the six-months or $180,000, the funds allocated will be returned to the Cultural Development Fund Balance. The current anticipated timeline of interim service that is recommended is six months, July 1, 2023-December 31, 2023.
2021-2025 Strategic Targets and Goals
This request aligns with Strategic Target No.3: Improved Quality of Life. Specifically, Goal 3c: Constantly evaluate public safety service delivery models to enhance the quality of service. The professional service agreement for Park Patrol will provide Parks, Recreation and Community Services with the necessary data to know the high- volume parks, the amount of declined homeless services, and the amount of times Police are called. Additionally, making City parks safe for all residents improves quality of life for the community.

Fiscal Impact
There is a fiscal impact to the Cultural Development Fund of $180,000 for the Professional Services Agreement.

The Fund currently has a fund balance of $4,554,552. This contract will reduce that balance to $4,374,552.

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

1. Authorize the City Manager to execute the Amendment to the Professional Services Agreement with Redwood Private Security for Park Patrol at City Parks and Citywide Events.

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3. Authorize the Agency Director of Administrative Services to issue a purchase order not to exceed $180,000.

Attachments
Attachment 1 – Amendment
Attachment 2 – Agreement
Attachment 3 – Resolution 2023 – 131
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A

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FIRST AMENDMENT TO

VENDOR SERVICES AGREEMENT

WITH REDWOOD PRIVATE SECURITY, LP
This First Amendment (“First Amendment”) to the Vendor Services Agreement dated JULY 1,2023 (“Agreement”) is made and entered into by and between the CITY OF SAN BERNARDINO (“CITY”) and REDWOOD PRIVATE SECURITY, LP (“Vendor”) as of the last date set forth below.

1. Vendor performs Security Services under the Agreement. Now, the CITY and Vendor wish to amend the Agreement to extend the terms and the compensation.

2. Section 4b and Section 6 of the Agreement is hereby amended in its entirety to read as follows:
“b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Thirty Thousand dollars monthly ($30,000).This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices..”
Term. This Agreement shall commence on July 1, 2023 and continue through December 31, 2023, unless the Agreement is previously terminated as provided for herein (“Term”).

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

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

Dated: July 1, 2023 REDWOOD PRIVATE SECURITY, LP
By: Jason Berckart
Its: CEO
Dated: July 1, 2023 CITY OF SAN BERNARDINO

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By: Charles E. McNeely
Its: City Manager

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND REDWOOD PRIVATE SECURITY, LP
This Agreement is made and entered into as of June 1, 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 Redwood Private Security LP, a limited partnership, with its principal place of business at 473 E. Carnegie Drive, Suite 200, San Bernardino, CA 92408 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collec tively as the “Parties.”

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

Security Services at City Parks and Citywide Special Events (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. Vendor Practices. All vendor services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal.

Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” DocuSign Envelope ID: 20250C6C-8A7B-4174-9B21-666C27452692

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2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Fifteen Thousand Dollars ($15,000).

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 c ompleted to City’s sole satisfaction. City shall pay Consultant’s invoice within thirty (30) 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. Suc h amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered.

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

6. Term. This Agreement shall commence on the Effective Date and continue on a month-to-month basis until 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 DocuSign Envelope ID: 20250C6C-8A7B-4174-9B21-666C27452692

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3 include a Force Ma jeure 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 pub lic 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, gi ve written notice to the other P arty 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 practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the industry 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 th e 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 du ring the term of this Agreement a valid business DocuSign Envelope ID: 20250C6C-8A7B-4174-9B21-666C27452692

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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 e mploying 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 a n 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:

DocuSign Envelope ID: 20250C6C-8A7B-4174-9B21-666C27452692

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

DocuSign Envelope ID: 20250C6C-8A7B-4174-9B21-666C27452692

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6 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. Intentionally Omitted
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occur rence/$4,000,000 aggregate for bodily injury, p ersonal
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
DocuSign Envelope ID: 20250C6C-8A7B-4174-9B21-666C27452692

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7 Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
h. 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. i. 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 poli cy due to non -payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (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 effec tive 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 DocuSign Envelope ID: 20250C6C-8A7B-4174-9B21-666C27452692

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8 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 t he 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. j. 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.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any poli cy 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.

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9 l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

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

18. California Labor Code Requirements . Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “ maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any DocuSign Envelope ID: 20250C6C-8A7B-4174-9B21-666C27452692

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10 claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility t o comply with all applicable registration and labor compliance requirements.

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

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

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

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the DocuSign Envelope ID: 20250C6C-8A7B-4174-9B21-666C27452692

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

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

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

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

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

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

27. Organization. Consultant shall assign Larry Krininger as Project Manager.

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

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

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

CITY:

City of San Bernardino

CONSULTANT:

Larry Krininger
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12 Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager

With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
General Manager
473 E. Carnegie Drive, Suite 200,
San Bernardino, CA 92408

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

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

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

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

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

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

No waiver of any provision o f 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 DocuSign Envelope ID: 20250C6C-8A7B-4174-9B21-666C27452692

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

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

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

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

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

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Ag reement. 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 contingen t upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

BETWEEN THE CITY OF SAN BERNARDINO

AND REDWOOD PRIVATE SECURITY, LP

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

REDWOOD PRIVATE SECURITY
APPROVED BY:
________________________________
Jason Berckart, CPP
Chief Executive Officer

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15 EXHIBIT A

SCOPE OF SERVICES

Hours Scheduled: Guard hours will be 24 hours a day, 7 days a week. One to two guards shall be onsite at all times.

Uniforms: Consultant will provide uniforms and equipment for each guard.

Guards will be neatly groomed and uniforms will be clean and presentable at all times.

Locations: Guards will be scheduled at:

1. Perris Hill Park

2. Encanto Park

3. Meadowbrook Park

4. Wildwood Park.

Duties of Consultant: Consultant shall
• Schedule security coverage for vacations, holidays, unscheduled absences, and/or other unplanned occurrences. Any costs (including overtime) associated with scheduling vacations, holidays, and absences are the responsibility of the Consultant. These costs must be included in the billing rate. • Immediately transfer/remove security personnel from the account at the City’s request.
• Furnish all security personnel with communication equipment (radios, cell phones, etc.).
• Ensure that Consultant’s employees’ appearance, personal hygiene, attitude, courtesy, and job knowledge needs to present a favorable image. No smoking, reading unauthorized material, eating, or grooming shall be permitted while guards are in public view.

Duties of Security Guards: Security guards shall comply with the following duties and rules:
• No personal phone calls will be permitted, except in an emergency. • Security guards assigned to each facility shall always maintain strict client confidentiality.
• Must be on time, report to work in a uniform provided by the Consultant, well groomed.
• Always maintain a positive and professional attitude. • All security personnel are responsible for documenting their daily observations and any security incidents in a formal report and provide electronic copies to the City.

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16 • Ensure that security personnel remain awake and alert at all times. The Consultant shall take appropriate disciplinary action in the event a security officer is found asleep (or appears to be asleep) while on duty. • When necessary, the proper police authority shall be summoned. Security personnel shall always be cooperative with authorized emergency personnel, by providing assistance, while not interfering in the performance of their duties. • Security guards shall be adequately trained and experienced in their specific duties, and in addition, the use of all-purpose fire extinguishers, drug/narcotics identification, bomb threat situations, the avoidance of violent situations, and be specifically trained for each piece of security equipment carried or used. • Security guards must pass CPR and First Aid Training and remain certified to remain compliant. Training is to be completed every two years. • All armed security guards require current POST PC 832 arrest and firearm certification, or a valid Security Guard Registration (California Guard Card) of the California Department of Consumer Affairs, Bureau of Collections and Investigations, and Firearm Permit issued by the Bureau of Security and Investigative Services (BSIS).
• All unarmed security guards shall meet the requirements, including a valid Security Guard Registration (California Guard Card) of the California State Department of Consumer Affairs, Bureau of Collections, and Investigations. • Security guards shall log and report daily regarding all serious incidents to the Public Works Facilities and Fleet Division Manager.
• Items to be documented include, but not limited to, suspicious person, security breaches, system failures, facility maintenance issues, safety hazards, any bomb threats, criminal activity, or incidents that occur to any member of the public. • These forms should be used to document any damages, such as graffiti or vandalism, noted at any of the City facilities.
• Ensure that security personnel document any security incidents on incident report forms and provide electronic copies to the City. • Maintain a continuous presence at the event location to detect and deter unwanted activity.
• Deter and escort off trespassers from City property/ event location. • Issue City of San Bernardino citations as needed.
• Assist City staff and management as requested at event location. • Other related duties as assigned

Pay Schedule: Consultant agrees to payment of $ 28 per hour for per guard, for dates of service.

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Resolution No. 2023-131
Resolution 2023-131
August 16, 2023

Page 1 of 3 ends

Mayor and City CouncilAugust 16, 2023

Mayor and City Council
August 16, 2023