Mayor and City Council
October 18, 2023

Packet Pg.
581

20 certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Designer shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.

3.22 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.

3.23 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County.

3.24 Exhibits and Recitals.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.25 Severability.

Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

3.26 Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.27 Safety.

Designer shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Designer shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.

3.28 Harassment Policy.

Designer shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Designer shall submit to the City 's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Designer's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request.

3.29 Delivery of Notices.

DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB

Packet Pg.
582

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: City Manager

With a Copy to:

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

IMEG
901 Via Piemonte, Suite 400
Ontario, Ca 91764
Attn: John M. Thompson
Civil Client Executive

Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.30 Time of Essence.

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

3.31 City’s Right to Employ Other Consultants.

City reserves right to employ other consultants, including designers, in connection with this Project or other projects.

3.32 Prohibited Interests.

3.32.1 Solicitation. Designer maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Designer, to solicit or secure this Agreement. Further, Designer 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 Designer, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.

3.32.2 C
onflict of Interest. For the term of this Agreement, no director, 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.

DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB

Packet Pg.
583

22 3.33 Equal Opportunity Employment.

Designer represents that it is an equal opportunity employer and that it s hall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law.

Such non- discrimination shall include, but not be l imited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Designer shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.34 Labor Certification.

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

3.35 Subcontracting.

As specified in this Agreement, Designer shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a prov ision making them subject to each and every provision of this Agreement.

3.36 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.

3.37 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.

3.38 Entire Agreement.

This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. 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. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. [SIGNATURES ON FOLLOWING PAGE]

DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB

Packet Pg.
584

24 SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND IMEG

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

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
Interim City Manager

ATTESTED BY:

Genoveva Rocha, CMC
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

IMEG

Signature

Name

Title

DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB John M. Thompson
John Mark Thompson, PE, C82557

Packet Pg.
585

DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB

Packet Pg.
586

DocuSign Envelope ID: B3EDFD41-17FD-4C48-86B1-C71A67B64CAB

Packet Pg.
587

REVISED September 27, 2023

Daniel Hernandez
City of San Bernardino Public Works
300 North "D" Street, 3rd Floor.

San Bernardino, California 94218

RE: Amendment Number 001 for Additional Services
Cross Street Bridge Replacement
San Bernardino, CA
IMEG #23001453.00

Dear Daniel:

As we discussed, you would like IMEG to provide additional Civil engineering services for the City. The City is interested in replacing the existing bridge to relieve the pressure off the new route that is being used at this time. The replacement work will upgrade the load carrying capacity of the bridge to current standards and widen the bridge to accommodate two (2) – 12’ wide drive lanes and a 5’ sidewalk.

We understand the additional scope of work is as follows:

PLANNING/DESIGN PHASE SERVICES

Phase 1:

1. Perform a topographic survey of the bridge and the channel.

2. Geotechnical investigation of the site including two borings, one at each abutment. For an additional fee provide:

3. Expedited laboratory testing.

4. L-Pile design/analysis

5. Assessment of the existing bridge: Perform an in-depth inspection of the bridge superstructure to include Ground Penetrating Radar (GPR) testing of the concrete deck, ultrasonic thickness measurements of the steel beams, and measurements of the bridge deck and steel beams adequate to perform load rating of the superstructure.

Phase 2:

1. Perform load rating of the superstructure to determine its load carrying capacity. The superstructure will be rated to meet HL-93 AASHTO loads.

2. Bridge Replacement Plans (City of San Bernardino Public Works) a. Title Sheet

Packet Pg.
588

Amendment Number 001 for Additional Services San Bernardino, CA Cross Street Bridge Rehabilitation REVISED September 27, 2023

b. Demolition Plan
c. Superstructure Design (Including Girder Layout, Details, and Section) d. General Plan, Elevation, and Section
e. Railing Layout and Details
f. Grading Plan
g. Utility Plan
h. Details Sheet
i. Erosion Control Plan

3. 8” Water Line Replacement Plans (San Bernardino Metropolitan Water District) a. Title Sheet
b. General Notes Sheet
c. Plan and Profile Sheet

4. Prepare (1) Engineer’s Opinion of Probable Construction Costs

5. Prepare applicable technical specifications formatted per Agency requirements.

6. Address Agency plan check review comments (2 rounds budgeted)

7. Attend design coordination meetings, as required (8 one-hour meetings budgeted)

BID/NEGOTIATION PHASE SERVICES

1. Attend Prebid meeting, if necessary.

2. Respond to contractor questions.

3. Prepare addenda information as required.

CONSTRUCTION PHASE SERVICES

1. Attend preconstruction meeting, if necessary.

2. Contract administration related to IMEG scope of work including:
a. Answer contractor questions and Requests for Information (RFIs).

3. Review Project submittals for items requested in the contract documents.

4. Conduct three (3) site visits during construction and one (1) final job site observation at the end of the construction period and prepare construction observation report(s).

5. Prepare record documents based upon contractor-supplied as-installed documents, with no additional verification.

ASSUMPTIONS

1. The project will be awarded as a single prime contract for construction. Phased design and/or issue of early documents are not required.

2. The City will distribute bidding documents and prepare and administer the contract, including front end specifications, for construction.

Packet Pg.
589

Amendment Number 001 for Additional Services San Bernardino, CA Cross Street Bridge Rehabilitation REVISED September 27, 2023

3. San Bernardino County Flood Control District will accept the replacement of Cross Street bridge at its current elevation with the understanding that vertical clearance requirements (11’ from channel bed to bridge soffit) of the future channel improvements will not be satisfied.

4. The existing gas line will be relocated by Southern California Gas Company prior to construction of the new bridge. A gas utility plan prepared by IMEG will not be required.

5. The Utility Plan is limited to affected sanitary sewer facilities and to coordinate the location of the new 8” water line. A separate plan set will be prepared for the new 8” water line per San Bernardino Municipal Water Department (SBMWD) standards and requirements.

6. The new 8” water line alignment will be based on the location of water valves determined by SBMWD which will be based on the limit of construction determined by IMEG.

7. PS&E deliverables will be submitted to the City’s contracted representative electronically.

8. The City’s contracted representative will coordinate and submit deliverables for the processing and approvals of applicable construction permits.

9. Agency review is limited to City of San Bernardino Public Works, SBMWD, and San Bernardino County Flood Control District. Changes to the plans as a result of reviews by agencies not listed above will be prepared under a separate agreement.

10. If required by the City, an ADA compliant path-of-travel will be provided and limited to the new bridge.

11. The new bridge will not be required to be designed to Caltrans standard width.

12. A Water Quality Management Plan is not anticipated and excluded.

13. A hydrology and hydraulic analysis for the existing channel is excluded.

14. Drainage studies are excluded.

15. All services not listed in scope of services above are excluded.

COMPENSATION

We propose to provide the additional services described above for a fixed fee of $190,190, broken down as follows.

SERVICES FEE
Topographic Survey $15,000
Geotechnical $17,400
Planning/Design Phase $125,000
Bid/Negotiation Phase $5,200
Construction Phase $10,300
Contingency $17,290
TOTAL FIXED FEE $190,190

Packet Pg.
590

Amendment Number 001 for Additional Services San Bernardino, CA Cross Street Bridge Rehabilitation REVISED September 27, 2023

PROJECT CONTINGENCY

1. IMEG will include 10% contingency to the above-mentioned service fees.

Reimbursable expenses remain as stated in our original agreement.

SERVICES NOT INCLUDED

1. Revising IMEG design documents as a result of equipment lead times or supply chain delays.

2. Revisions as a result of value engineering or negotiating construction cost/scope with contractors after documents are complete.

We will begin our services following acceptance of this Amendment for Additio nal Services. Acceptance may be conveyed via e-mail to the address listed below, by fax, or by signing this offer and returning it to our office.

Sincerely,

IMEG Corp. City of San Bernardino Public Works
By:

Accepted this day of , 20

By:

Name: John M. Thompson, PE C82557 Name:

Title: Civil Client Executive Title:

[email protected]
KJK:JMT:AAG/did
\\files\Active\Projects\2023\23001453.01\ProjectManagement\Contracts\Possible ASRs for 23001453.00\20230927 - ASR 001 Cross Street Bridge Replacement.docx

Digitally signed by John
Mark Thomspon, PE
Date: 2023.09.27
14:12:41-07'00'

Packet Pg.
591

1 6
6 9

DISCUSSION
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Approving Amendment No. 2 to Cooperative
Agreement No. 19-1002205 with the San Bernardino
County Transportation Authority (SBCTA) for the
Interstate 215/University Parkway Interchange Project
(SS04-019) (Wards 5,6)
Recommendation:

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

1. Authorize the City Manager to execute Amendment No. 2 to Cooperative Agreement No. 19-1002205 with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project (SS04-019); and

2. Adopt Resolution No. 2023-159 authorizing the Director of Administrative Services to amend the Interstate 215/University Parkway Interchange Project budget in the amount of $864,908 through the General Fund Balance.

Executive Summary
The Diamond Divergent Interchange project focuses on optimizing traffic flow, enhancing safety while improving operational efficiency, and reducing congestion within the Interstate 215/University Parkway interchange.

Amendment No. 2 is necessary to clearly outline the funding responsibilities for the anticipated increase in project costs due to various design updates and refinements made to the 100% plans. The cost increase will be funded with General Fund balance in the amount of $864,908.

Packet Pg.
592

1 6
6 9
Background
The Interstate 215/University Parkway Interchange Project will improve freeway access and relieve traffic congestion on University Parkway due to high traffic volumes and heavy left turn movement onto the southbound I-215 Freeway. In October 2016, the City completed a Project Study Report - Project Development Support (PSR-PDS) recommending a Diverging Diamond Interchange (DDI) configuration as one alternative to address the traffic needs at the interchange. The San Bernardino County Transportation Authority (SBCTA) is currently the lead agency on Project Management, PA/ED, PS&E, ROW, and construction phases and are responsible to complete the PA/ED, PS&E, ROW, and construction work for the project, including the selection and retention of consultants. The City provides permits, inspections, reviews, and City-owned right-of way necessary for project construction. Further details on SBCTA and City responsibilities are outlined in the Cooperative Agreement No. 19- 1002205 (Attachment #4).

On October 26, 2015, the Mayor and City Council approved Resolution No. 2015-233 and Cooperative Agreement No. 16-1001335, which provides that upon completion of the PSR-PDS and acceptance by Caltrans, the project will be turned over to SBCTA for Project Management and delivery.

On June 19, 2019, the Mayor and City Council approved Resolution No. 2019-161 and Cooperative Agreement No.19-1002205, which assumed the terms and conditions of Cooperative Agreement No. 16-1001335. During discussions with SBCTA, it was discovered that Cooperative Agreement No.16-1001335 had inadvertently terminated on June 29, 2018. Therefore, SBCTA recommended a new cooperative agreement to replace Cooperative Agreement No.16-1001335 and provide continuous management after the termination. The new Cooperative Agreement No. 19-1002205 included an increase in the estimated cost for the Project Approval and Environmental Document (PAED) and Plans, Specifications, and Estimates (PS&E) phases, which included estimated costs for the Construction phase. $1,848,293.05 was deposited with SBCTA for Design (PS&E) and Right-of-Way (ROW).

On May 5, 2022, the City approved Amendment No.1 to Cooperative Agreement No. 19-1002205 to reflect cost increases in design costs and for the Right-of-Way phase of the project in the amount of $396,437 addressing estimated settlement costs for acquisition of rights needed to construct and operate the project. At the time, since project design was only at 65% level, City staff and SBCTA agreed to defer any estimated forecasted final construction cost increases to such a time when 100% final plans have been completed.

Discussion
SBCTA is requesting that the City approve Amendment No 2. to Cooperative Agreement No. 19-1002205 in the amount of $864,908 for the construction phase of the project. The revised total amount of SBCTA’s project contribution is $14,236,292 and the City’s contribution is $3,241,418. The total amount of buy-down funds, comprising of various federal funds, remain the same. Should actual construction costs

Packet Pg.
593

1 6
6 9
at bid opening exceed the amounts forecasted in the final 100% PS&E an amendment will be taken back to the Mayor and City Council for consideration for the increase in the construction costs.

As of June 2023, the project team has advanced the completion of the 100% final design plans to final approval. The current estimate in Cooperative Agreement No 1. was based on the 65% design. Since then, there were several design updates and refinements as part of the progression of the project design reflected in the 100% plans.

These refinements resulted in an overall increase in project costs as follows:
•Addition of street lighting on Southbound University Parkway, south of the I-215 Freeway.
•Addition of hardscape along University Avenue south of the I-215 Freeway. •Site Improvements at the strip mall and Jack in the Box properties south of the I- 215 Freeway.
•Structural design refinements resulting in quantities increase for the overhead truss signage costs on the southbound University Parkway north of the I-215 Freeway. •Drainage design refinements that increased the size and length of the reinforced concrete pipes needed.
•Traffic control and staging design refinements that increased the amount of K-rail, signage, and crash cushions.
•Design refinements to signal mast arms, increasing associated material and post- structural quantities.
•Addition of stamped concrete on the median and the outlying areas.

Therefore, the overall construction costs increased to approximately $864,908.

Completion of the project Plans Specifications and Estimates PS &E is scheduled for November 2023 and SBCTA requires approval of Amendment No. 2 to Cooperative Agreement No. 19-1002205 to proceed with advertisement of the construction contract of the project based on federal requirements. SBCTA plans to advertise for the project in December of 2023 and anticipates Notice to Proceed (NTP) to construction in March of 2024. The construction phase of the project is funded with approximately $3.1M of federal funds, which buys down the cost for the City and SBCTA. Cost increases in this amendment will be funded with General Fund balance in the amount of $864,908. 2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 4: Economic Growth & Development.

This project will contribute to ensure that the City is clean and attractive and provides an infrastructure designed for long term economic growth.

Fiscal Impact
The General Fund impact for this action is $864,908. A budget amendment is being requested to execute Amendment No. 2 to the Cooperative Agreement No. 19- 1002205 in the amount of $864,908.

Packet Pg.
594

1 6
6 9
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the City Manager to execute Amendment No. 2 to Cooperative Agreement No. 19-1002205 with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project (SS04-019); and

2. Adopt Resolution No. 2023-159 authorizing the Director of Administrative Services to amend the Interstate 215/University Parkway Interchange Project budget in the amount of $864,908 through the General Fund Balance.

Attachments
Attachment 1 Resolution No. 2023-159
Attachment 2 Amendment No. 2 to Cooperative Agreement No.19-1002205 Attachment 3 I-215 University Pkwy Coop Agreement Amendment No. 1 Attachment 4 Original Agreement SBCTA I-215 Coop 19-1002205

Ward:

Fifth Ward; Sixth Ward
Synopsis of Previous Council Actions:

December 6, 2004 Mayor and City Council adopted Resolution No. 2004-383 approving Agreement with TY Lin International to provide a PSR/PR document for the University Parkway/ Interstate 215 Interchange Southbound Loop Entrance Ramp project
(SS04-19)
July 16, 2007 Mayor and City Council adopted Resolution No. 2007-257 approving Amendment No. 1 with TY Lin International to
provide PSR/PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).

February 19, 2008 Mayor and City Council dropped Resolution No. 2008-60 approving Amendment No. 2 with TY Lin International to
provide PSR/ PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).

May 19, 2008 Mayor and City Council adopted Resolution No. 2008-152 approving Amendment No. 3 with TY Lin International to
provide PSR/ PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).

Packet Pg.
595

1 6
6 9
July 6, 2009 Mayor and City Council adopted Resolution No. 2009-199 approving Amendment No. 4 with TY Lin International to
provide PSR/PR documents for the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).

October 19, 2015 Mayor and City Council adopted Resolution No. 2015-233 approving a Memorandum of Understanding (MOU) No.15-
1001217 and Cooperative Agreement No. 16-1001335 with
SANBAG for Project Management of the University
Parkway/Interstate 215 Interchange Southbound Loop
Entrance Ramp project (SS04-19).

September 6, 2016 Mayor and City Council adopted Resolution No. 2016-191 approving Amendment No.1 to Cooperative Agreement No.
16-1001335 with San Bernardino County Transportation
Commission (Authority) for the Interstate 215/University Parkway Interchange Project (SS04-19).

June 19, 2019 Mayor and City Council adopted Resolution No. 2019-161 approving Cooperative Agreement No. 19-1002205 with San Bernardino County Transportation Commission (Authority) for the Interstate 215/University Parkway Interchange Project (SS04-19).

May 4, 2022 Mayor and City Council approving Amendment No.1 to Cooperative Agreement No. 19-1002205 with San
Bernardino County Transportation Commission (Authority) for the Interstate 215/University Parkway Interchange Project (SS04-19).

Packet Pg.
596

Resolution No. 2023-159
Resolution 2023-159
October 18, 2023

3 5
0 3
RESOLUTION NO. 2023-159

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNANDINO, CALIFORNIA,

AUTHORIZING THE AGENCY DIRECTOR OF

ADMINSTRATIVE SERVICES TO AMEND THE
INTERSTATE 215 / UNIVERSITY PARKWAY

INTERCHANGE PROJECT BUDGET IN THE AMOUNT OF
$864,908 THROUGH THE GENERAL FUND BALANCE
WHEREAS, the I-215/University Parkway Project has a shortfall of $864,908; and WHEREAS, a supplemental budget amendment to the project budget is being requested to carryout Amendment No. 2 to the Cooperative Agreement No 19-1002205; and WHEREAS, there is a General Fund Impact for this action in the amount of $864,908.

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

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

SECTION 2. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to amend the project budget in the amount of $864,908 for the I- 215/University Parkway interchange project (SS04-019).

SECTION 3. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project.

Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines.
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the removal and replacement of Traffic Signal poles and signal light upgrade.

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

Packet Pg.
597

Resolution No. 2023-159
Resolution 2023-159
October 18, 2023

3 5
0 3
(3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because removal and replacement of Traffic Signal poles and signal light upgrade does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and SECTION 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 18th day of October 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

Packet Pg.
598

Resolution No. 2023-159
Resolution 2023-159
October 18, 2023

3 5
0 3

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. 2023-159, adopted at a regular meeting held on the 18 th day of October 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

Packet Pg.
599

1 Amendment No. 2 to 19-1002205
AMENDMENT NO. 2 TO COOPERATIVE AGREEMENT NO 19-1002205

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF SAN BERNARDINO
FOR

PROJECT REPORT AND ENVIRONMENTAL DOCUMENT (PA/ED),

PLANS, SPECIFICATIONS AND ESTIMATES (PS&E), RIGHT-OF-WAY (ROW),

AND CONSTRUCTION PHASES FOR THE INTERCHANGE AT UNIVERSITY PARKWAY AND INTERSTATE 215 (I-215) IN THE CITY OF SAN BERNARDINO I. PARTIES
A. This Amendment No. 2 to Agreement 19-1002205 (AGREEMENT) is made by and between the San Bernardino County Transportation Authority (SBCTA) and the City of San Bernardino (CITY). SBCTA and CITY are each a "Party" and collectively the "Parties" herein.

II. RECITALS
A. In November 2015, Parties entered into Cooperative Agreement No. 16-101335 to to define the roles and responsibilities and funding for improvements for the PA/ED, PS&E, and ROW phases for the interchange at University Parkway and I-215 in the limits of the City of San Bernardino (PROJECT); and
B. Cooperative Agreement No. 16-101335 terminated on June 29, 2018; and C. The Parties entered into AGREEMENT in July 2019 which assumed the terms and conditions of Cooperative Agreement No. 16-101335 and had an effective date of June 30, 2018; and
D. In June 2022, Parties amended AGREEMENT to reflect estimated cost increases in the ROW phase for PROJECT; and
E. PARTIES agreed to defer estimated cost adjustments for the Construction phase until completion of the 100% plans and specifications; and
F. PARTIES completed the draft 100% plans and specifications in November 2022; and G. The estimated total cost of PROJECT has increased by $5,375,694 from estimated total of $17,837,016 to $23,212,710; and
H. Parties desire to amend AGREEMENT to define funding responsibilities for the estimated cost increase of PROJECT.

Packet Pg.
600

2 Amendment No. 2 to 19-1002205
NOW, THEREFORE, the Parties agree to amend the AGREEMENT as follows:

1.Replace Attachment A.1 in its entirety with Attachment A.2 attached to this Amendment No. 2.

2.Except as amended by this Amendment No. 2, all other provisions of the AGREEMENT and amendments thereto shall remain in full force and effect and are incorporated herein by this reference.

3.Amendment No. 2 is deemed to be included and made part of the AGREEMENT.

4.The Recitals set forth above are incorporated herein by this reference.

5.Amendment No. 2 is effective upon execution by SBCTA. --------------------------SIGNATURES ON FOLLOWING PAGE----------------------------

Packet Pg.
601

3 Amendment No. 2 to 19-1002205
IN WITNESS WHEREOF, Parties have duly executed
Amendment No. 2 to Agreement 19-1002205 below:

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

CITY OF SAN BERNARDINO
By:___________________________ By:__________________________ Dawn M. Rowe Charles McNeely
President, Board of Directors Interim City Manager Date:__________________________ Date:__________________________ APPROVED AS TO FORM: APPROVED AS TO FORM AND
PROCEDURE:

By:____________________________ By:____________________________ Juanda L. Daniel
Assistant General Counsel
Sonia R. Carvalho
City Attorney

Packet Pg.
602

4 Amendment No. 2 to 19-1002205
Amendment No. 2 to Agreement 19-1002205
Attachment A.2
Project Scope:

Improve traffic operations at the I-215 University Parkway Interchange by improving freeway access to I-215 and improving local traffic flow on University Parkway by reconstructing existing interchange configuration into a Diverging Diamond Interchange (DDI).

Project Cost Estimate and Funding Shares
After application of buy-down funds, Project costs will be split according to the SBCTA Nexus Study with the Public Share at 84.2% and the Development/Local Share at 15.8% Estimated
Costs Buy-Down Public Share Development/
Local Share
Project Approval
and Environmental
Document (PA/ED)
$1,062,176 $939,716 $103,111 $19,349
Design (PS&E) $1,203,856 $1,103,855 $84,201 $15,800
Right of Way
(ROW) $2,821,400 $612,000 $1,860,315 $349,085
Construction $17,555,278 $3,079,429 $12,188,665 $2,287,184 SBCTA Oversight $570,000 $0 $0 $570,000
TOTAL $23,212,710 $5,735,000 $14,236,292 $3,241,418

Packet Pg.
603

1 Amendment No. 1 to 19-1002205
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. 19-1002205

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF SAN BERNARDINO
FOR

PROJECT REPORT AND ENVIRONMENTAL DOCUMENT (PA/ED),

PLANS, SPECIFICATIONS AND ESTIMATE (PS&E), RIGHT-OF-WAY (ROW),

AND CONSTRUCTION PHASES FOR THE INTERCHANGE AT UNIVERSITY PARKWAY AND INTERSTATE 215 (I-215) IN THE CITY OF SAN BERNARDINO I. PARTIES
A. This
Amendment No. 1 (AMENDMENT) to Agreement 19-1002205 (AGREEMENT) is made by and between the San Bernardino County Transportation Authority (SBCTA) and the City of San Bernardino (CITY). SBCTA and CITY are each a "Party" and collectively the "Parties" herein.

II. RECITALS
A. In N
ovember 2015, Parties entered into Cooperative Agreement No. 16-100335 to to define the roles and responsibilities and funding for improvements for the PA/ED, PS&E, and ROW phases for the interchange at University Parkway and I-215 in the limits of the City of San Bernardino (PROJECT), and
B. Cooperative Agreement No. 16-100335 terminated on June 29, 2018, and C. The Parties entered into AGREEMENT in July 2019 which assumed the terms and conditions of Cooperative Agreement No. 16-100335 and had an effective date of June 30, 2018, and
D. The estimated total cost of PROJECT has increased by $2,509,100 from estimated total of $15,327,916 to $17,837,016, and
E. Parties desire to amend AGREEMENT to define funding responsibilities for the estimated cost increase of PROJECT, and
NOW, THEREFORE, the Parties agree to amend the AGREEMENT as follows:

1. Replace Attachment A in its entirety with the attached Attachment A.1

2. Except as amended by AMENDMENT , all other provisions of the AGREEMENT and amendments thereto shall remain in full force and effect and are incorporated herein by this reference.

3. AMENDMENT is deemed to be included and made part of the AGREEMENT.

Packet Pg.
604

2 Amendment No. 1 to 19-1002205

4. The Recitals set forth above are incorporated herein by this reference.

5. AMENDMENT is effective upon execution by SBCTA.
--------------------------SIGNATURES ON FOLLOWING PAGE----------------------------

Packet Pg.
605

IN WITNESS WHEREOF, Parties have duly executed
Amendment No. 1 to Agreement 19-1002205 below

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY
By: ~ Curt -.......____::

P::.i:: :f Directors
Date: __ ~__,/_q~£--=,1,'-'--!)__----1,

CITY OF SAN BERNARDINO
By, llirl;J
Robert D. Field
City Manager
Date: ___ ~_,_fr...;._z.;,c...,~A'--:>=-::a--__ _
I

APPROVED AS TO FORM APPROVED AS TO FORM AND
PROCEDURE:
f'f. ...
~~~~· . ~~
~/~ (o,~;.')... ~. Carvalho
City Attorney
3 Amendment No. 1 to 19- 1002205

Packet Pg.
606

4 Amendment No. 1 to 19-1002205
Amendment No. 1 to Agreement 19-1002205

Attachment A.1

Project Scope:

Improve traffic operations at the I -215 University Parkway Interchange by improving freeway access to I -215 and improving local traffic flow on University Parkway by reconstructing existing interchange configuration into a Diverging Diamond Interchange (DDI).

Project Cost Estimate and Funding Shares
After application of buy-down funds, Project costs will be split according to the SBCTA Nexus Study with the Public Share at 84.2% and the Development/Local Share at 15.8%

Project Milestones

Milestone Actual / (Forecast)
Start of PA/ED 6/2017
Environmental Approval 7/2020
Ready to List (12/2022)
Construction Notice to Proceed (7/2023)
Construction Complete (7/2024)

Estimated
Costs Buy-Down Public Share Development/
Local Share
Project Approval
and Environmental
Document (PA/ED)
$1,062,176 $939,716 $103,111 $19,349
Design (PS&E) $1,203,856 $1,103,855 $84,201 $15,800
Right of Way
(ROW) $2,821,400 $612,000 $1,860,315 $349,085
Construction $12,179,584 $3,079,429 $7,662,331 $1,437,824 SBCTA Oversight $570,000 $0 $0 $570,000
TOTAL $17,837,016 $5,735,000 $9,709,958 $2,392,058

Packet Pg.
607

COOPERATIVE AGREEMENT NO. 19-1002205

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF SAN BERNARDINO
FOR

PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA/ED), PLANS,

SPECIFICATIONS AND ESTIMATES (PS&E), RIGHT OF WAY (ROW), AND

CONSTRUCTION PHASES FOR THE INTERCHANGE AT UNIVERSITY PARKWAY AND INTERSTATE 215 (I-215) IN THE CITY OF SAN BERNARDINO I. PARTIES AND TERM
A. THIS COOPERATIVE AGREEMENT NO. 19-1002205 (“AGREEMENT”) is made and entered into by and between the San Bernardino County Transportation Authority (hereinafter referred to as “SBCTA”) and the City of San Bernardino (“CITY”), (SBCTA and CITY may be referred to herein individually as a “PARTY” and collectively as “PARTIES”).

B. This AGREEMENT is effective on June 30, 2018. Unless this AGREEMENT is terminated early as provided in Section V, Paragraph E, this AGREEMENT shall terminate upon completion of the PARTIES’ obligations associated with the PA/ED, PS&E, ROW, and Construction phases described herein. The indemnification provisions identified in Section V, Paragraphs C through D, shall survive the termination of this AGREEMENT. Should any claims arising out of this AGREEMENT be asserted against one of the PARTIES prior to termination of this AGREEMENT, the AGREEMENT shall be extended until such time as the claims are settled, dismissed or paid.

II. RECITALS
A. WHEREAS, PARTIES entered into Cooperative Agreement No. 16-1001335 in November 2015, attached herein as ATTACHMENT B, to define roles and responsibilities and funding for improvements for the PA/ED, PS&E, and ROW phases for the interchange at University Parkway and I-215 in the limits of the City of San Bernardino (PROJECT); and B. WHEREAS, PARTIES amended Cooperative Agreement No. 16-1001335, attached herein as ATTACHMENT C, in September 2016 to reflect an estimated increase in the cost for the PA/ED and PS&E phases; and
19-1002205 1

Packet Pg.
608

C. WHEREAS, SBCTA procured environmental and design services for the PA/ED and PS&E phases and began preliminary design and environmental studies on June 20, 2017; and D. WHEREAS, Cooperative Agreement No. 16-1001335 terminated on June 29, 2018, according to Section I, Parties and Term, Article A of Cooperative Agreement No. 16- 1001335; and
E. WHEREAS, the CITY desires SBCTA to continue to lead the PROJECT and provide project management services for PA/ED, PS&E, ROW, and Construction phases, at the sole cost of CITY and pay 100% of actual SBCTA project management costs in accordance with SBCTA Policy 40005/VFI-35; and
F. WHEREAS, PROJECT costs, aside from SBCTA project management costs, for PA/ED, PS&E, ROW, and Construction phases, after reduction by application of buy-down funds, are allocated as 15.8% Development Share funds and 84.2% Public Share funds, as defined by the Nexus Study and the SBCTA Measure I 2010-2014 Strategic Plan; and G. WHEREAS, Project development activities for the PA/ED, PS&E, and ROW phases are continuing for the PROJECT; and
H. WHEREAS, PARTIES desire to enter into this AGREEMENT to continue the terms, conditions, and funding in Cooperative Agreement 16-1001335, as amended, as referenced herein as ATTACHMENT B and ATTACHMENT C, for the PA/ED, PS&E, and ROW phases from the date of expiration of Cooperative Agreement No. 16-1001335, for continuity of the project delivery process; and
I. WHEREAS, expenditures have occurred against the funding table shown in Attachment A of this AGREEMENT under Cooperative Agreement 16-1001335; and J. WHEREAS, increases in PROJECT cost, shown in Attachment A to Cooperative Agreement No. 16-1001335, are anticipated, and Attachment A of this AGREEMENT reflects the anticipated PROJECT cost increases; and
K. WHEREAS, PARTIES desire to include the Construction phase in this AGREEMENT to delineate roles, responsibilities, and funding commitments relative to the Construction Phase of PROJECT; and
NOW THEREFORE, in consideration of the terms and conditions set forth herein, the PARTIES agree to the following:
19-1002205 2

Packet Pg.
609

III. SBCTA RESPONSIBILITIES
SBCTA agrees:

A. To be lead agency on Project Management, PA/ED, PS&E, ROW, and Construction Phases and to diligently undertake and complete the PA/ED, PS&E, ROW, and Construction work for the PROJECT, including the selection and retention of consultants. Performance of services under these consultant contracts shall be subject to the technical direction of the SBCTA’s Director of Project Delivery and Toll Operations, or designee(s), with input and consultation from CITY.

B. To contribute towards PA/ED, PS&E, ROW, and Construction phases of the PROJECT cost as shown in Attachment A. The actual cost of a specific phase may ultimately vary from the estimates provided in Attachment A, and should SBCTA’s total share of the PA/ED, PS&E, ROW, and Construction phases exceed the estimates as shown in Attachment A, SBCTA agrees to amend the AGREEMENT in good faith.

C. To prepare and submit to CITY signed invoices for reimbursement of allowable PROJECT expenditures. Invoices may be submitted to CITY as frequently as monthly.

D. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (“GAAP”) to support SBCTA’s request for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of Project Management, PA/ED, PS&E, ROW, and Construction work elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by SBCTA.

E. To prepare a final accounting of expenditures, including a final invoice for the actual Project Management, PA/ED, PS&E, ROW, and Construction phase costs. The final accounting and invoice shall be submitted no later than one hundred and twenty (120) calendar days following the completion of this AGREEMENT and shall be submitted to CITY. The invoice shall include a statement that these PROJECT funds were used in conformance with this AGREEMENT and for those PROJECT-specific Project Management, PA/ED, PS&E, ROW, and Construction work activities.

F. To cooperate in having a PROJECT-specific audit completed by CITY, at its option, upon completion of Project Management, PA/ED, PS&E, ROW, and Construction work.

The audit should justify and validate that all funds expended on the PROJECT were used in conformance with this AGREEMENT.
19-1002205 3

Packet Pg.
610

G. To reimburse CITY for costs that are determined by subsequent audit to be unallowable within ninety (90) calendar days of SBCTA receiving notice of audit findings, which time shall include an opportunity for SBCTA to respond to and/or resolve the finding. Should the finding not be otherwise resolved and SBCTA fails to reimburse monies due CITY within ninety (90) calendar days of audit finding, or within such other period as may be agreed between both PARTIES hereto, the CITY’s Council reserves the right to withhold future payments due SBCTA from any source under CITY’s control.

H. SBCTA’s Director of Project Delivery and Toll Operations is authorized to act on behalf of SBCTA under this Section of the AGREEMENT.

I. To designate a responsible staff member that will be SBCTA’s representative in attending the Project Development Team (“PDT”) meetings, receiving day-to-day communication, and providing Project Management services.

J. To complete review and provide comments on PROJECT documents in a timely manner that is consistent with the schedule.

K. To include CITY in PDT meetings and related communications on PROJECT progress as well as to provide CITY with copies of PDT meeting minutes and action items.

L. To provide CITY, with a reasonable amount of review time, an opportunity to review and comment on PA/ED, PS&E, ROW and Construction deliverables.

M. To provide all necessary ROW services to acquire rights-of-way for PROJECT through negotiated purchases of property, or if necessary, through Eminent Domain. If necessary, SBCTA will conduct Resolutions of Necessity hearings and acquire property in the name of SBCTA for the purposes of construction of the PROJECT and convey such property, or portions thereof, to CITY. The interest conveyed to CITY shall be a permanent easement or other required instrument for public street and/or utility purposes.

N. To identify the utilities within the PROJECT area and coordinate with utility companies to determine their location, and if necessary, their relocation.

IV. CITY RESPONSIBILITIES
CITY agrees:

A. To reimburse SBCTA for the CITY’s share of actual costs incurred towards the PA/ED, PS&E, ROW, and Construction phases of the PROJECT and for SBCTA’s Project Management as shown in Attachment A. The actual cost of a specific phase may ultimately vary from the estimates provided in Attachment A, and should CITY’s total share for the 19-1002205 4

Packet Pg.
611

Project Management, PA/ED, PS&E, ROW, and Construction phase with SBCTA’s Project Management exceed the estimates as shown in Attachment A, CITY agrees to amend the AGREEMENT in good faith and contribute these additional costs.

B. When conducting an audit of the costs claimed under the provisions of this AGREEMENT, to rely to the maximum extent possible on any prior audit of SBCTA performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to CITY when planning on conducting additional audits.

C. To designate a responsible staff member that will be CITY’s representative in attending the PDT meetings, receiving day-to-day communication and reviewing the PROJECT documents.

D. To complete review and provide comments on PROJECT documents within four (4) weeks of receiving the review request from SBCTA.

E. CITY’s Public Works Director is authorized to act on behalf of CITY under this Section of the AGREEMENT.

F. To accept all PROJECT acquired right-of-way located within CITY’s jurisdictional boundaries upon completion of construction. The City of San Bernardino City Council, by approval of this AGREEMENT, authorizes and directs the City Clerk to execute an acceptance, in substantial conformance with the form attached hereto as Attachment D and made a part of this AGREEMENT, within thirty (30) days of receipt of quit claim deeds for property acquired by SBCTA.

G. To provide permits, inspections, reviews, acceptance of the transfer of title of properties and oversight at no cost to SBCTA or to consultants and contractors contracted by SBCTA to work on the PROJECT.

H. To provide CITY-owned right-of-way necessary for project construction at no cost to the PROJECT.

I. To provide SBCTA copies of the franchise/utility agreements for the utilities in the PROJECT area for the purpose of determining prior rights and estimating utility relocation costs.
19-1002205 5

Packet Pg.
612

J. To assist SBCTA as requested and when necessary, exercise its rights under utility relocation law or under any franchise agreement to cause each utility to relocate or rearrange its utility facility.

L. WHEREAS, planned improvements include improving freeway access to I-215 and improving local traffic flow by reconstructing the existing ramp intersections at the interchange into a Diverging Diamond Interchange (DDI); and M. WHEREAS, the CITY desires SBCTA to provide project management services for PROJECT, the funding for which CITY shall be solely responsible, and to pay 100% of actual SBCTA project management costs in accordance with SBCTA Policy 40005/VFI-35; and
V. The PARTIES agree:

A. To abide by all applicable Federal, State and Local laws and regulations pertaining to the PROJECT, including policies in the applicable program in the Measure I 2010-2040 Strategic Plan, as amended, as of the Effective Date of this AGREEMENT. In the event SBCTA determines Project Management, PA/ED, PS&E, ROW, and Construction work may exceed the amounts identified in Attachment A of this AGREEMENT, SBCTA shall inform CITY of this determination and thereafter the PARTIES shall work together in an attempt to agree upon an amendment to the amounts identified in this AGREEMENT. In no event, however, shall the PARTIES be responsible for PROJECT costs in excess of the amounts identified in this AGREEMENT without a written amendment that is approved by the PARTIES.

B. Eligible PROJECT reimbursements shall include only those costs incurred by SBCTA for PROJECT-specific work activities that are described in this AGREEMENT and shall not include escalation or interest.

C. Neither SBCTA, nor any officer, director, employee or agent thereof, is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SBCTA, its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT.
19-1002205 6

Packet Pg.
613

D. Neither CITY, nor any officer, director, employee or agent thereof, is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by SBCTA and under or in connection with any work, authority or jurisdiction delegated to SBCTA under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, SBCTA shall fully defend, indemnify and save harmless CITY, its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this AGREEMENT.

E. This AGREEMENT will be considered terminated upon completion of PROJECT closeout and reimbursement of eligible costs by CITY. Notwithstanding any other provision herein, to the extent consistent with the terms and obligations hereof, any PARTY may terminate this AGREEMENT at any time, with or without cause, by giving thirty (30) calendar days written notice to the other PARTY. In the event of a termination, the PARTY terminating this AGREEMENT shall be liable for any costs or other obligations it may have incurred under the terms of the AGREEMENT prior to termination.

F. The Recitals to this AGREEMENT are true and correct and are incorporated into this AGREEMENT.

G. All signatories hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said PARTY and that by executing this AGREEMENT, the PARTIES hereto are formally bound to this AGREEMENT.

H. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. All PARTIES agree to follow all applicable local, state, county and federal laws and ordinances with respect to performance under this AGREEMENT.

I. The PARTIES agree that each PARTY and any authorized representative, designated in writing to the PARTIES, and upon reasonable notice, shall have the right during normal business hours to examine all PARTIES’ financial books and records with respect to this AGREEMENT. The PARTIES agree to retain their books and records for a period of five (5) years from the later of: a) the date on which this AGREEMENT terminates; or b) the date on which such book or record was created.

J. If any clause or provision of this AGREEMENT is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the PARTIES that the remainder of this AGREEMENT shall not be affected but shall remain in full force and effect. 19-1002205 7

Packet Pg.
614

K. This AGREEMENT cannot be amended or modified in any way except in writing, signed by all PARTIES hereto.

L. Neither this AGREEMENT, nor any of the PARTIES’ rights, obligations, duties, or authority hereunder, may be assigned in whole or in part by either PARTY without the prior written consent of the other PARTY in its sole, and absolute, discretion. Any such attempt of assignment shall be deemed void and of no force and effect.

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

N. In the event of litigation arising from this AGREEMENT, each PARTY to this AGREEMENT shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees provided for in paragraphs C and D of this Section.

O. This AGREEMENT may be signed in counterparts, each of which shall constitute an original. This AGREEMENT is effective June 30, 2018, following execution by both PARTIES.

P. Any notice required, authorized or permitted to be given hereunder or any other communications between the PARTIES provided for under the terms of this AGREEMENT shall be in writing, unless otherwise provided for herein, and shall be served personally or by reputable courier addressed to the relevant party at the address/fax number stated below:

If to SBCTA: Paula Beauchamp
Director of Project Delivery and Toll Operations
1170 W. 3rd Street, Floor 2
San Bernardino, CA 92410
If to CITY: Alex Qishta
Acting Director of Public Works/City Engineer
201 North E Street
San Bernardino, CA 92401
Q. There are no third party beneficiaries, and this AGREEMENT is not intended, and shall not be construed to be for the benefit of, or be enforceable by, any other person or entity whatsoever.
----------SIGNATURES ON THE FOLLOWING PAGE----------
19-1002205 8

Packet Pg.
615

IN WITNESS WHEREOF, the PARTIES have duly executed this AGREEMENT below.

SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO

TRANSPORTATION AUTHORITY
By: _____________________________
Darcy McNaboe
By: _____________________________
Teri Ledoux
Board President Acting City Manager
Date: _____________________________
APPROVED AS TO FORM:

Date: _____________________________
APPROVED AS TO FORM:

By: _____________________________
Julianna K. Tillquist
By: _____________________________
Gary D. Saenz
General Counsel City Attorney

CONCURRENCE
By: _____________________________
Jeffery Hill
Procurement Manager
19-1002205 9

Packet Pg.
616

Attachment A
Project Scope:

Improve traffic operations at the I-215 University Parkway Interchange by improving freeway access to I-215 and improving local traffic flow on University Parkway. An alternative being evaluated is to reconstruct the existing ramp intersections at the interchange into a Diverging Diamond Interchange (DDI) configuration.

Project Cost Estimate and Funding Shares:

Project costs that are not federally reimbursable will be split according to the Nexus Study with the Public Share at 84.2% and the Development Share/ Local Share at 15.8% Estimated
Cost
Buy-Down
Funds
Development
Share*Phase Public Share
Project Approval and
Environmental Document
(PA/ED)
$1,062,176 $939,716 $103,111 $19,349
Design (PS&E)
Right of Way (ROW)
Construction
$803,856
$712,300
$703,855
$475,900
$3,615,529
$0
$84,201
$199,049
$7,210,934
$0
$15,800
$37,351
$12,179,584
$570,000
$1,353,121
$570,000
$1,995,621
SANBAG Oversight
TOTAL $15,327,916 $5,735,000 $7,597,295
* $147,327.95 of Development Share expended as of June 29, 2018. Remaining Development Share and receivable amount under this AGREEMENT is $1,848,293.05 Project Milestones:

Milestone Actual / (Forecast)
Start of Project Approval and Environmental Document (PA/ED) Environmental Approval
6/2017
(9/2019)
(11/2020)
(6/2021)
(5/2022)
Design Approved and ROW Certified
Construction Notice to Proceed
Construction Complete
19-1002205 10

Packet Pg.
617

Attachment B
19-1002205 11

Packet Pg.
618

Packet Pg.
619

Packet Pg.
620

Packet Pg.
621

Packet Pg.
622

Packet Pg.
623

Packet Pg.
624

Packet Pg.
625

Packet Pg.
626

Packet Pg.
627

Packet Pg.
628

Attachment C
19-1002205 12

Packet Pg.
629

Packet Pg.
630

Packet Pg.
631

Packet Pg.
632

Packet Pg.
633

Attachment D
19-1002205 13

Packet Pg.
634

CERTIFICATE OF ACCEPTANCE
This is to certify that the interests in real property conveyed by the Quit Claim Deed to which this Certificate of Acceptance is attached from San Bernardino County Transportation Authority (SBCTA) to the City of San Bernardino, a municipal corporation, is hereby accepted by the order of the City Council of the City of San Bernardino on ___________ and the City of San Bernardino consents to recordation thereof by its duly authorized agent.

THE CITY OF SAN BERNARDINO, a municipal corporation
By:

City Clerk
Dated: _____________
19-1002205 14

Packet Pg.
635

1 6
7 0

DISCUSSION
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Ernesto Salinas, Acting Director of Public Works, Operations, and Maintenance
Department: Public Works
Subject: Professional Services Agreement with Redwood
Private Security, LP, for Citywide Armed and Unarmed
Security Guard Services (All Wards)
Recommendation:

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

1. Authorize the City Manager or designee, to execute a Professional Services Agreement with Redwood Private Security, LP, for citywide armed and unarmed security guard services; and

2. Authorize the Director of Administrative Services to issue a purchase order to Redwood Private Security, LP, in the amount of $1,912,076.

Executive Summary
Staff is recommending that the Mayor and City Council take action to approve the Professional Services Agreement with Redwood Private Security, LP, to provide armed and unarmed security guard services throughout the City. This will help ensure the safety and security of City staff, the public, and community. The proposed term shall be from October 18, 2023, to October 18, 2028, with the option of four additional one- year extension options.

Background
The City of San Bernardino Public Works Department is responsible for the administration and management of the City’s security services contract. The City has contracted security services for approximately five years and currently provides security guard services at City Hall, City Hall campus, City Libraries, City Parks, and various Successor Agency properties. The City would like to continue providing this service for the safety and security of our employees, customers, and City owned properties.

Packet Pg.
636

1 6
7 0
Armed security guards are posted in three of the four City Hall facilities (201 N. E Street South, 201 N. E Street North, and Vanir Tower). An armed security guard is assigned to patrol the City Hall campus and Carousel Mall parking lots 24-hours per day/7 days per week. The Public Works Department also has a contract for three-armed security guards working 8-hour nighttime shifts to patrol the City Yard, occupied and unoccupied City owned properties, parking lots, and plazas, totaling 17 locations.

There are also two-armed security guards working 6-hour shifts patrolling our City parks at night.

In addition, the City contracts an unarmed guard to work in three public libraries during the daytime hours at Paul Villasenor, Norman F. Feldheym, and Howard M. Rowe Libraries. Rover money pick-ups and drop-offs to and from the Vanir Building (Finance Department) occur twice daily during business hours Monday through Thursday.

Additional services have been enlisted to cover special events, as needed.

The Public Works Department has opted to contract for guard services because it is more cost effective than creating full-time security guard positions or taking police officers off our streets to work these assignments.

Discussion
The need for armed and unarmed security guard services is essential to the City’s safety and sustainability of assets. Their continued presence to perform routine patrol and access control duties at various City facilities on a regularly scheduled basis and occasionally on an ad-hoc basis will continue to drive business, City operations, and protect the well-being of the public and City staff.

The Public Works Department worked with the Finance Department to solicit proposals for citywide armed and unarmed security guard services. Request for Proposals (RFP) were issued through the formal bid process under RFP F-23-52 on June 7, 2023. The City received 17 proposals as follows:

No. BIDDER OFFICE LOCATION
1 Absolute International Security, Inc. Irwindale, CA
2 Alltech Industries, Inc. Montebello, CA
3 Alpha Enforcement Security Colton, CA
4 American Global Security Riverside, CA
5 American Guard Services, Inc. Los Angeles, CA
6 Citiguard, Inc. West Hills, CA
7 Command International Security Services Van Nuys, CA
8 Contact Security Inc. Brea, CA
9 Famian Private Security Riverside, CA
10 Good Guard Security, Inc. Riverside, CA
11 Inter-Con Security Systems, Inc. Pasadena, CA
12 Intergraded Security Management Group Rancho Cucamonga, CA 13 Kero Security, Inc. Corona, CA

Packet Pg.
637

1 6
7 0
No. BIDDER OFFICE LOCATION
14 Platinum Security Inc. Los Angeles, CA
15 Redwood Private Security, LP San Bernardino, CA
16 Security Services Northwest, Inc. Sequim, WA
17 Whelan Security of California dba GardaWorld Ontario, CA Staff from both Public Works and Parks and Recreation Departments evaluated proposals based on the requirements stated in the RFP, which included the following criteria:
a. Ability to demonstrate that the proposed staff are well-trained, certified, and/or licensed, and provide said documentation upon the City’s request; b. Ability to demonstrate compliance with all federal, state, and local laws, rules and regulations
c. Ability to plan, schedule, coordinate, and ensure the effective performance of their assigned staff to the City;
d. Ability to show that the assigned personnel will perform their duties in accordance with City imposed policies, procedures, and conditions, including being fully aware of political sensitivities that exist in a municipal government; e. Ability to show that the assigned personnel will perform their duties in accordance with Sections 836.5, 853.5, and 853.6 of the California Penal Code, which authorizes and empowers security guard personnel to arrest and issue notices to appear for violations of the Provisions of the San Bernardino Municipal Code as hereinafter set forth;
f. Ability to demonstrate that all assigned personnel have completed CPR and First Aid Training, and with the firm’s intent to keep the certifications current at all times;
g. Ability to demonstrate adaptability to unforeseen changes in schedule coverage and provide continuous coverage for vacations, holidays, unscheduled absences;
h. Ability to demonstrate that all assigned personnel are adequately trained in their specific duties, the use of all-purpose fire extinguishers, drug/narcotics identification, bomb threat situations, and the avoidance of violent situations; i. Ability to demonstrate that all armed personnel will have 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);
j. Ability to demonstrate that all unarmed personnel will have a valid Security Guard Registration (California Guard Card) of the California State Department of Consumer Affairs, Bureau of Collections and Investigations; and
k. Ability to demonstrate the firm’s quality and experience relevant to the services being requested in the RFP.

Based on the requirements stated on RFP, including the criteria mentioned above, below are the top ranked proposals evaluated by the Public Works and Parks and Recreation Departments. Base costs (including 8.75% sales tax) were derived by

Packet Pg.
638

1 6
7 0
costing the number of personnel and hours of each designated personnel (armed or unarmed) at each location as stated in the RFP.

Base Cost 5%
No. BIDDER OFFICE LOCATION (with 8.75%
sales tax)
(outside
city limits)
Total Cost
Good Guard Security, Inc. Riverside, CA $1,883,214 $94,161 $1,977,375 1 Redwood Private Security,
LP San Bernardino, CA $1,593,396 $0 $1,593,396
2 Absolute International
Security, Inc. Irwindale, CA $1,864,998 $93,250 $1,958,248 3 Famian Private Security Riverside, CA $1,984,998 $99,250 $2,084,248 Citiguard, Inc. West Hills, CA $2,531,768 $126,588 $2,658,356 Command International
Security Svcs Van Nuys, CA $1,662,214 $83,111 $1,745,325 4 Platinum Security Inc. Los Angeles, CA $1,851,900 $92,595 $1,944,495 5 American Global Security Riverside, CA $2,175,024 $108,751 $2,283,775 Although two bidders have tied for first place, staff is recommending that City Council award the security services agreement to Redwood Private Security, LP for the following reasons:

1. Redwood Private Security, LP, is a reputable vendor that has demonstrated experience and great qualifications to the City in the past;

2. Redwood’s main office location is within the City limits, allowing easy access, quick communication, prompt turnaround of personnel should it be required;

3. Redwood has experience with the City and Vanir Tower and has built a reputation over the years in the City with customers of all types, showing their a. reliability;
b. customer service; and
c. expertise.

Additionally, staff requests that City Council approve a 20% contingency to provide security services for special events and for potential unforeseen circumstances that may require additional security services. This contingency is higher than usual; however, staff makes this recommendation based on recent events and experience.

As the Mayor and City Council are aware, several significant and unexpected security issues have had to be addressed in the City due to unforeseen circumstances. This contingency will allow staff the option to work with Redwood to address community safety when these issues arise and ensure that the City’s Police are not pulled away from critical duties to deal with these issues unnecessarily.

Adding a 20% contingency brings the annual total for Redwood Private Security to $1,912,075. The amended FY 2023/24 budget for this agreement as follows:

Public Works Operating Budget: $ 924,500
Strategic Initiative Amendment, October 4, 2023: $ 1,256,000 Total available Budget: $ 2,180,500

Packet Pg.
639

1 6
7 0
The term of the proposed agreement shall be from October 18, 2023, to October 18, 2028, with the option of four additional one-year extension options. 2021-2025 Strategic Targets and Goals
The award of the agreement is aligned with Key Target No. 3c: Improved Quality of Life by constantly evaluating public safety service delivery models to enhance the quality of service. Being proactive with security measures and practices is crucial for maintaining the safety and security of City staff, the public and community. It will also contribute to decreasing vandalism, theft, loss of property, and avoiding legal complications.

Fiscal Impact
There is no additional General Fund impact with this item. The proposed annual contract, including the 20% contingency is $1,912,075. There is sufficient budget in the Public Works Department.

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

1. Authorize the City Manager or designee, to execute a Professional Services Agreement with Redwood Private Security, LP, for citywide armed and unarmed security guard services; and

2. Authorize the Director of Administrative Services to issue a purchase order to Redwood Private Security, LP, in the amount of $1,912,076.

Attachments
Attachment 1 PSA with Redwood Private Security, LP
Attachment 2 RFP F-23-52 Armed and Unarmed Security Services Attachment 3 Redwood Private Security Proposal
Attachment 4 Exhibit A – Scope of Work
Ward:

All Wards
Synopsis of Previous Council Actions:

October 4, 2023 Mayor and City Council adopted Resolution 2023-144 adopting the Strategic Initiatives, and authorizing the Agency Director of Administrative Services to amend the City of San Bernardino’s FY 2023/24 Operating Budget for an amount
totaling $6,636,293.

Packet Pg.
640

CITY OF SAN BERNARDINO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND REDWOOD PRIVATE SECURITY, LP
This Agreement is made and entered into as of October 18, 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 collectively as the “Parties.”

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

Citywide Armed and Unarmed Security Guard Services (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” Total annual cost for services is $1,912,076.
b. In no event shall the total amount paid for services rendered by Consultant

Packet Pg.
641

3 5
0 8
under this Agreement exceed the sum of $1,912,076. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty- five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

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

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

6. Term. This Agreement shall commence on the effective date of October 18, 2023, and continue through October 18, 2028, unless the Agreement is previously terminated as provided for herein (“Term”).
a. Extension Options. The term of this Agreement may be administratively extended by the City Manager or by his or her designee, for a maximum of four additional one- year terms.

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 include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s

Packet Pg.
642

3 5
0 8
performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare, and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

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

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

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business 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

Packet Pg.
643

3 5
0 8
this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

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

Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage

Packet Pg.
644

3 5
0 8
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
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.

Packet Pg.
645

3 5
0 8
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors, or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. 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 occurrence/$4,000,000 aggregate for bodily injury, personal injury,
and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. 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

Packet Pg.
646

3 5
0 8
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 policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers

Packet Pg.
647

3 5
0 8
(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 transacting 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 policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents, or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. 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

Packet Pg.
648

3 5
0 8
persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

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

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

Packet Pg.
649

3 5
0 8
subconsultants and sub-subconsultants to comply with the same.

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

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

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

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

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

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

Packet Pg.
650

3 5
0 8

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

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

Jason Berckart
Chief Executive Officer
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 because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

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

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination

Packet Pg.
651

3 5
0 8
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

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

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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

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

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

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

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

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

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

Packet Pg.
652

3 5
0 8

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.

44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regard to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided with a reasonable time to make corrections to their performance. This time period (iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]

Packet Pg.
653

3 5
0 8

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

Packet Pg.
654

3 5
0 8

EXHIBIT A

SCOPE OF SERVICES

Packet Pg.
655

REQUEST FOR PROPOSALS
FOR

CITY OF SAN BERNARDINO
FOR
RFP F-23-52

ARMED AND UNARMED SECURITY GUARD SERVICES

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
WWW.SBCITY.ORG

Packet Pg.
656

CITY OF SAN BERNARDINO

NOTICE INVITING PROPOSALS

ARMED AND UNARMED SECURITY GUARD SERVICES
RFP F-23-52
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San Bernardino via Planetbids until 3:00 PM, June 29, 2023. Proposals received after this date will be returned to the proposers unopened. Faxed or electronically submitted proposals will not be accepted.

The city is requesting proposals to provide: Armed and Unarmed Security Guard Services The award of this contract is subject to the available budget adequate to carry out the provisions of the proposed agreement including the identified scope of w ork. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.

Interested proposers may download copies of the Request for Proposals (“RFP”) by visiting the City’s web site, www.sbcity.org. All addenda will be published on the City’s website.

For more information regarding the RFP, please contact:

City of San Bernardino Purchasing Department
[email protected]

Packet Pg.
657

CITY OF SAN BERNARDINO

REQUEST FOR PROPOSALS

ARMED AND UNARMED SECURITY GUARD SERVICES
I. BACKGROUND AND INTRODUCTION
The City of San Bernardino (“City”) is requesting proposals from qualified firms1 (“Proposers”) for Armed and Unarmed Security Guard Services (“Services”).

To serve and promote the welfare of its residents, the city intends to procu re the S ervices, as described below.

II. REQUEST FOR PROPOSALS
A. Scope of Services
The Services sought under this Request for Proposals (“ RFP”) are set forth in more detail in Exhibit “A ”, attached hereto and incorporated herein by this reference. Notwithstanding the inclusion of such Services in Exhibit “A”, the final scope of Services negotiated between City and the successful Proposer shall be set forth in the Professional Services Agreement executed by and between City and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “C” and incorporated herein by this reference.

B. City Contact for this RFP
The principal contact for the City regarding this RFP will be Precious Carter, Purchasing Division Manager, Purchasing Department , [email protected] and [email protected] or a designated representative, who will coordinate the assistance to be provided by the City to the Proposer.

C. Requests for Clarification
All questions, requests for interpretations or clarific ations, either administrative or technical, must be requested in writing and directed to the City Contact for this RFP, identified above.

All written questions, if answered, will be issued to all prospective proposers via email notification from Planetbids. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be submitted to Planetbids by Thursday, June 19th 3:00 p.m. local time on the date identified in the Proposal Schedule. Each Proposer is responsible for ensuring that it has received all addenda, clarifications, supplemental information, and responses to questions prior to submitting a proposal.

D. Pre-Proposal Meeting
Meeting is not required.

1Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

Packet Pg.
658

E. Content and Format of Proposal
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall include one (1) electronic proposal submitted to Planetbids. Proposals shall be organized, tabbed, and numbered in the order presented below.

Proposals must include page numbers for all pages in the proposal.

Proposals shall be in the following order and shall include:

1. Executive Summary: (limit: 1 page) Summarize the content of your proposal in a clear and concise manner.

2. Table of Contents: (limit: 1 page)

3. Identification of Proposer: (limit: 1 page)
a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).
c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”
d. Name, title, address, and telephone number of the proposed representative to contact concerning the Proposal Submittal. e. California Business License Number

4. Staffing Resources: (limit: 2 pages)
a. Firm Staffing and Key Personnel
(i) Provide the n umber of staff to be assi gned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
(ii) Identify three (3) per sons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.
(iii) Describe proposed team organization, including
identification and responsibilities of key personnel. Please include one-page resumes.
(iv) Provide brief biographies of individuals that shall be working directly with the City.
b. Subcontractors

Packet Pg.
659

(i) The Proposer shall iden tify functions that are likely to be subcontracted and identify the subcontractor (s) that is anticipated to perform each function, if known at this time.

5. Fiscal Stability: (limit: 4 pages- not including supporting documentation) a. The Proposer should provide evidence of corporate stability including:
(i) A current report from any commercial credit rating service such as Dunn and Bradstreet or Experian; or
(ii) A letter from a financial institution stating a current line of credit; and
(iii) Latest audited financial statement and/or annual report that has been certified by a CPA . This information will remain confidential and is not subject to public disclosure.

6. Experience and Technical Competence: (limit: 4 pages) a. Experience
(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.
(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of
Services for public clients.
(iv) Provide three (3) references regarding the Proposer’s experience and performance performing similar services.

Include the following information: (1) Organization/City, contact name, phone n umber, e -mail address; and (2)
project size and description, if applicable, and description of services.
(v) Describe the Proposer’s local experience and knowledge of City.
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include:

Packet Pg.
660

(a) Role of the firm
(b) Dollar value of the services
(c) Dollar value of the fee
(d) Description of services
(e) Staffing
(f) Duration of providing services
(g) Relationship to client
(h) Contact name, position, entity name, telephone
number, fax number and e -mail address for each
project.
(ii) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional
services agreement once selected.
(b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.
(d) Debarment by any municipal, county, state, federal
or local agency.
(e) Involvement in litigation, arbitration, or mediation .

Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal
rigging, collusion, or restrictive competition between
bidders or proposers, or conviction of violating any
other federal or state law related to bidding or
professional services performance . Knowing
concealment of any deficiency in the performance of
a prior contract.
(f) Falsification of information or submission of
deceptive or fraudulent statements in connection
with a contract.
(g) Willful disregard for applic able rules, laws, or
regulations.

Information regarding any of the above may, at the
sole discretion of the City, be deemed to indicate an
unsatisfactory record of performance.

Packet Pg.
661

c. Technical Competence
(i) Description of in -house resources (i.e., computer
capabilities, software applications, modem protocol,
modeling programs, etc.)
(ii) Ability to dra w upon multi -disciplinary staff to address the services requested in this RFP.

7. Proposed Method to Accomplish the Work : (limit: 2 pages) Describe the technical and management approach to providing the services to the city. Proposer should take into account the scope of the Services, goals of the City, and general functions required. Include a draf t first year schedule of tasks , milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A”, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

8. Fee Proposal: (limit: 5 pages) Please provide a Unit Cost fee proposal for the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached hereto as Exhibit “B”). Fee Proposal shall be uploaded separately to Planetbids under the “Cost File” tab.

9. Certificate of Insurance: (limit: 2 pages) - not including supporting documentation. See the Agreement, attached hereto as Exhibit “C”, for a description of the insurance requirements. Proposer shall provide a copy of their Certificate of Insurance showing that their insurance meets the requirements of the city.

10. Litigation: (limit: 2 pages) Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years.

11. Other Information : (limit: 2 pages) This section shall contain all other pertinent information regarding the following:
a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget.
b. Description of community involvement.
c. Description of any previous involvement with the city. d. A statement that the Proposer has no conflicts of interest in connection with providing the Services.

12. Certification of Proposal: This section shall state:
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.”

Packet Pg.
662

13. Appendices: (limit: 2 pages)
F. No Deviations from the RFP
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal.

As such, Proposer is directed to carefully r eview the proposed Agreement and, in particular, the insurance and indemnification provisions therein. If proposer does not take any exceptions or deviations from the terms and conditions indicated in the agreement, then the proposer must indicate this information by making a statement within the proposal documents.

G. Selection Process

1. The city will evaluate proposals based on the following criteria:
a. The Proposer is properly licensed to practice in the State of California.
b. The Proposer has no conflict of int erest with regard to any other work performed by the firm for the City.
c. Clarity and conformance of proposal to the RFP.
d. Content of the proposal.
e. Proposer’s experience and performance.
f. Team members’ experience and performance.
g. Fee proposal.
h. Comments by references. (Pass/Fail)
i. Exceptions/Deviations to RFP/Agreement Template (Pass/Fail) j. Litigations (Pass/Fail)

2. During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions.

3. It is the City’s intent to select a Proposer best evidencing demonstrated competence and professional qualification to perform the Services. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. Certain Proposers may be selected to make a brief presentation and oral interview after which a final selection will be made. The successful Proposer will be selected on the basis of information provided in the RFP, in-person presentations, and the results of the City’s research and investigation. Upon selection of a Proposer, the City will endeavor to negotiate a mutually agreeable Agreement with the selected Proposer. In the event that the City is unable to reach agreement, the City will proceed, at its sole discretion, to negotiate with the next Proposer selected by the City. The City

Packet Pg.
663

reserves the right to contract for services in the manner that most benefits the City, including awarding more than one contract if desired.

4. After negotiating a proposed Agreement that is fair and reasonable, City staff will make the final recommendation to the City Council concerning the proposed Agreement.

The City Council has the final authority to approve or reject the Agreement.

H. Protests

1. Protest Contents : Protests based on the content of the RFP shall be submitted to the City no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of the protest. Proposer may protest a contract award if the Proposer believes that the award was inconsistent with City policy, or this RFP is not in compliance with law. A protest must be filed in writing with the City (email is not acceptable) within five (5) business days after receipt of notification of the contract award. Any protest submitted after 5 p.m. of the fifth business day after notification of the contract award will be rejected by the City as invalid and the Proposer’s failure to timely file a protest shall waive the P roposer’s right to protest the c ontract award. The Proposer’s protest must inc lude supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived.

2. City Review: The City will review and evaluate the basis of the protest , provided that the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurrin g with or denying the protest.

Action by the City relative to the protest will be final and not subject to appeal or reconsideration.

The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

I. Proposal Schedule
The tentative schedule is as follows:

ACTION DATE
Release of Request for Proposal June 7, 2023
Last Day to Submit Questions for Clarification
received by the city on or before June 19, 2023, 3:00 pm June 19, 2023
Clarifications Issued by City on or before June 22, 2023, 3:00 pm
June 22, 2023
Deadline for Receipt of Proposals
submitted on or before June 29, 2023, 3:00 pm
June 29, 2023

The above scheduled dates are tentative, and City retains the sole discretion to adjust the above

Packet Pg.
664

schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above- described professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.

J. Submittal Requirements

1. General: It is strongly recommended that the Proposer s ubmit proposals in the format identified in this RFP to allow the City to fully evaluate and compare the proposal .

All requirements and questions in the RFP should be addressed and all requested data shall be supplied. The City reserves the right to request additional information which, in the City’s opinion, is necessary to assure that the Proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the Agreement.

2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP .

Responses should emphasize the Proposer’s demonstrated capability to perform the Services.

Expensive bindings and promotional materials, etc., are not necessary or desired . However, technical literature that supports the approach to providing the Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal.

3. Site Examination: Proposers may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and correlate its observations, investigations, and determinations with the requirements of the Agreement.

4. Authorization: The p roposal shal l be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.

5. Confidentiality of Proposal: Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq .) until after either City and the successful Proposer have completed n egotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP shall become the exclusive property of the City and shall become public records under the California Public Records Act. Furthermore, the City shall have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a Proposer submits is a

Packet Pg.
665

trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend, and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost, or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information.

Proposals which i ndiscriminately identify all or most of the p roposal as exempt from disclosure without justification may be deemed unresponsive and disqualified from further participation in this procurement.

Submittal Instructions: Electronic PDF file format via Planetbids. Please allow time for system to process your proposal. The Proposal must be received no later than 3:00pm PST, on or before June 29, 2023. The City shall not be responsible for proposals that are not received on time. The city will not be responsible for and will not accept late bids due to slow internet connection, or incomplete transmissions.

K. General Conditions

1. Amendments to RFP: The City reserves the right to amend the RFP and issue to all Proposers an addendum.

2. Amendments to Proposals: Unless specifically requested by the City, no amendment, addendum, or modification shall be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadli ne stated herein for receiving proposals.

3. Non-Responsive Proposals : A p roposal may be considered non - responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal.

4. Costs for Preparing: The City shall not compensate any Proposer for the cost of preparing any p roposal, and all materials submitted with a p roposal shall become the property of the City. The city will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected.

5. Cancellation of RFP: City reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal prep aration, interview, fee negotiation or other marketing costs associated with this RFP.

6. Price Validity: Prices provided by Proposers in response to this RFP are valid for 120 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete, and the contract is awarded.

7. No Commitment to Award: Issuance of this RFP and receipt of proposals does not commit the City to award a cont ract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to

Packet Pg.
666

this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP.

8. Right to Negotiate and/or Reject Proposals : City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax -paying public. The Proposers are encouraged to submit their best prices in their proposals, and City intends to negotiate only with the Proposer(s) whose proposal most closely meets City’s requirements at the lowest estimated cost. The Agreement, if any is awarded, shall go to the Proposer whose proposal best meets City’s requirements.

9. Non-Discrimination: The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability, or gender in consideration for an award of contract.

Publication Date of RFP: June 7, 2023

Packet Pg.
667

EXHIBIT “A”
Scope of Work:

Introduction

The City of San Bernardino (“City”) is requesting proposals from qualified vendors to provide armed and unarmed guard services. The city desires to enter into an agreement for professional services with a qualified vendor who can demonstrate competency and experience in providing guard services.

There is no expressed or implied obligation for the City to reimburse responding vendors for any expenses incurred in preparing proposals in response to this request. The City reserves the right to reject any or all proposals submitted.

Proposals will be evaluated by city staff. The City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from vendors, or to allow corrections of errors or omissions.

Terms: For purposes of this scope of services and any related documents, the following terms are defined as:

• Contract Manager – The City representative responsible for overseeing the contract and ensuring the vendor services agreement is appropriately followed, including answering questions, making changes, and mediating conflicts. This designation is assigned to the Public Works Facilities and Fleet Division Manager. The Deputy Director of Operations is assigned as the alternate contract manager.

• Vendor – This refers to the security guard services contractor and any of their assigned representatives.

General Description

The Vendor shall provide appropriately equipped and well-trained, certified, and/or licensed security guards for the protection of the City’s employees, the public and the property, and shall plan, schedule, coordinate, and ensure the effective performance of all services described herein. Quality and experience of security guards and the services provided will be a critical element of the contract, as written within this RFP and particularly in the following “Scope of Services (Specifications)”.

The following are conditions and specifications covering security guard services at the designated City locations. This scope of services is based on hourly rates and the results will be deemed acceptable if they are able to provide guard services according to the outlined specifications. The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The Contract Manager may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined to be necessary and advisable for City hours of operation and/or events. Such alterations or deviations, additions or omissions shall in no way affect or make void the scope of services. If during the course of work the Vendor experiences a conflict with the plans/scope of work, the Vendor shall notify the Contract Manager before proceeding with said services.

Packet Pg.
668

Vendor Service Requirements

• The Vendor must comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to those regarding wages, and cover all rest and meal periods to ensure continuous coverage.
• Agree and ensure that security personnel fully perform their duties in accordance with City imposed policies, procedures, and conditions for continued service at this account. o Ensure that security personnel are fully aware of the political sensitivities that exist in a municipal government.
• 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 Vendor. These costs must be included in the billing rate.
• Immediately transfer/remove security personnel from the account at the City’s request.

This includes the assigned Contract Manager representing the Vendor. • The Vendor shall provide standard uniforms to security personnel. This also includes a visual depiction of uniforms as part of the proposal, including any overcoats, jackets, and head gear.
• The Vendor shall furnish all security personnel with communication equipment (radios, cell phones, etc.).
• The Vendor shall designate a Contract Manager who will ensure all work tasks are performed by each security guard and staff to meet contract obligations and shall coordinate all issues relating to this contract, staffing, performance, etc., and will be the point of contact for the City. Vendor shall not replace the Contract Manager unless prior written notice is given to and approved by the City.
• The Vendor shall offer a patrol motoring system. Please refer to the “Reporting and Notification” section for further system criteria.
• The Vendor shall not be entitled to be paid or reimbursed by the City for any services or any other labor, supervision, or material that is in excess of the Scope of Services. • The Vendor shall, at the firm’s expense, have all assigned guards complete the Vendor’s established training program, and shall make evidence of such training available upon request. In addition, the Vendor must provide a copy of their training plan/schedule along with their bid.

Bidders must acknowledge all requirements of scope of work, previous section, including all categories and sub-points.

Please Sign and Acknowledge Here: __________________________________________

_________________________________________________________________________

If Bidder can provide additional services t hat are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city

BIDDER’S RESPONSE:

Packet Pg.
669

San Bernardino Municipal Code 9.90.010 Arrest – Citation

• Pursuant to Sections 836.5, 853.5, and 853.6 of the California Penal Code, security guard personnel as listed in each subsection herein are authorized and empowered to arrest and issue notices to appear for violations of the provisions of the San Bernardino Municipal Code as hereinafter set forth.

Security Guard Requirements

• The Vendor’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. • 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 Class A uniform provided by the Vendor, 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. Further criteria are noted in the “Reporting and Notification” section below. • Security guards are required to sweep buildings prior to open of business by checking the public areas, restrooms, trash cans, and under benches to ensure that no one has hidden a weapon in the facility overnight.
• Each site patrol is to take 15-20 minutes and should consist of foot and vehicle patrols.

During each patrol, guards will check all exterior doors/facility structure and assure they are locked and have not been tampered with.
• Confirmation that the assigned patrols were performed using barcode scanning checkpoints.
• Ensure that security personnel remain awake and alert at all times. The vendor shall take appropriate disciplinary action in the event a security officer is found asleep (or appears to be asleep) while on duty.
• Escort City staff to vehicles as requested. A dispatch number will need to be provided to accommodate escort services upon award of contract services. • Must not be intimidated to approach an upset customer when City staff are talking to the customer.
• Deter unsolicited commotion.
• Escort upset customer out of the building if needed.
• 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).

Packet Pg.
670

• 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.

Reporting and Notification

• Security guards shall log and report daily regarding all serious incidents to the Public Works Facilities and Fleet Division Manager.
o 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. o These forms should be used to document any damages, such as graffiti or vandalism, noted at any of the city facilities.
o Ensure that security personnel document any security incidents on incident report forms and provide electronic copies to the city. • On a monthly basis, the Vendor will provide a signed and dated work task/frequency sheet verifying all work performed at all locations.
o A monthly work report shall be signed and dated confirming that the work was accomplished.
• The Vendor must have a patrol monitoring system in place to allow security guards to scan assigned QR-Code checkpoints located at City entrances, doors, window frames, etc.
o The function is to be used on regular patrol and at special events for tracking to generate real time reports.
o Guard tours are monitored by the Vendor and City management remotely and sent by email to ensure required patrols are being conducted. • Customer Service and After-Hours Notification
o The Vendor is required to have a dedicated after-hours notification line monitored and answered by an employee that can dispatch crews should an after-hour emergency or urgent issue occur.

Bidders must acknowledge all requirements of scope of work, previous section, including all categories and sub-points.

Please Sign and Acknowledge Here: __________________________________________

_________________________________________________________________________

If Bidder can provide additional services t hat are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city

BIDDER’S RESPONSE:

Packet Pg.
671

Hours of Operation

• Work hours vary by department and times are subject to change at any time. The Vendor will be notified by the Facilities and Fleet Division Manager of any changes to department hours, or any adjustments needed to be made to the existing schedule prior to implementation.

Requests from the Public

• The Vendor and its representatives are prohibited from taking direct requests from any residents, park patrons, City staff (not affiliated with the Facilities Maintenance Work Section of the Public Works Department), or any other organizations. The Vendor will make every effort to politely inform the requesting individual or party to contact the Public Works Department, City’s Public Information Officer (PIO), or the San Bernardino Help Line at 909-384-7272.

Requests from the Media

• The Vendor and its representatives should not speak to the media on the Department’s behalf without approval. All media inquiries should be directed to the Public Works Department, the City’s Public Information Officer (PIO), or the San Bernardino Help Line at 909-384-7272.

Bidders must acknowledge all requirements of scope of work, previous section, including all categories and sub-points.

Please Sign and Acknowledge Here: __________________________________________

_________________________________________________________________________

If Bidder can provide additional services t hat are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city

BIDDER’S RESPONSE:

Packet Pg.
672

LOCATIONS AND AREAS OF SERVICE

For a full description and illustration of areas requiring patrol and/or security checks and illustrated location maps, please see below:

Front Desk Security Services

City Hall Campus

Concierge/front desk security guards provide both security and hospitality services and are responsible for delivering a high level of customer service and providing protection for the occupants of the building.

Note: Monday through Friday schedules exclude holidays that are observed by the city.

San Bernardino Public Libraries
Concierge/front desk security guards provide both security and hospitality services and are responsible for delivering a high level of customer service and providing protection for the occupants of the building.

Location Number of
Guards
Day(s) Hours
Norman F. Feldheym Library
555 W. 6th Street
Two (2) unarmed
security in
uniform
Monday and
Tuesday
11:00am – 8:00pm
Wednesday,
Thursday, and
Saturday
9:00am – 6:00pm
Location Number of Guards Day(s) Hours
Vanir Tower
290 N. D Street, 1st
Floor Lobby
One (1) armed security
in uniform
Monday through
Thursday
7:00am –
5:30pm
Friday 7:00am –
4:30pm
201 N. E Street, Bldg. A
(South)
One (1) armed security
in uniform
Monday through
Thursday
7:00am –
5:30pm
Friday 7:00am –
4:30pm
201 N. E Street, Bldg. B
3rd Floor (North)
One (1) armed security
in uniform
Monday through
Thursday
7:00am –
5:30pm
Friday 7:00am –
4:30pm

Packet Pg.
673

Paul Villasenor Library
525 N. Mt. Vernon Ave.

One (1) unarmed
security in
uniform
Monday and
Tuesday
11:00am – 8:00pm
Wednesday,
Thursday, and
Saturday
9:00am – 6:00pm
Howard M. Rowe Library
108 E. Marshall Blvd.

One (1) unarmed
security in
uniform
Monday and
Tuesday
11:00am – 8:00pm
Wednesday,
Thursday, and
Saturday
9:00am – 6:00pm
Note: Monday through Friday schedules exclude holidays that are observed by the city. Vendor shall cover all rest and meal periods. Libraries closed on Fridays and Sundays.

Security Guard Patrol Services
City Hall Campus Patrol
One (1) armed security guard in uniform in a clearly marked security vehicle to patrol during swing and graveyard shifts:

Location Day(s) Hours Additional Duties
City Hall Campus (map
included in Exhibit A)
One (1) armed
security in uniform;
totaling three (3)
rover armed guards
per day
Monday through
Sunday, 24 hours
per day
Three 8-hour shifts per
day. Escort services shall
be available from the
hours 4:00pm – 8:00pm.

Patrol areas include City
Hall parking structure,
parking lot, and building
exterior.

Packet Pg.
674

City Parks Patrol
Two (2) armed security guards in uniform in a clearly marked security vehicle to patrol:

Location Day(s) Hours Additional Duties
Bryce Haynes Park
900 N. E Street
Monday through
Sunday
6:00pm – 5:00am Facility and parking lot to be
checked by Park Patrol.

Clear parking lot and lock
outer gate and inner
gates/barriers by 10:00pm.

Meadowbrook Park
250 N. Sierra Way
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.

Wildwood Park
536 E. 40th Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.

Blair Park
1466 W. Marshall Blvd.

Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.

Perris Hill Park
1135 E. Highland Ave.

Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.

Pioneer Cemetery
211 E. 9th Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot and lock
the inner gates/barriers and
outer 7th Street gate by
10:00pm.

Delmann Heights Park
2969 Flores Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.

Norton Recreation
Center
1554 E. Townsend Drive

Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.

Encanto Park
1180 W. 9th Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.

Nicholson Park
2750 W. 2nd Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.

Seccombe Park and
Lake
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers from October

Packet Pg.
675

160 E. 5th Street – March (winter hours) by
6:00pm. Lock outer gate
from April – September
(summer hours) by 8:00pm.

Note: Summer and Winter hours

Vacant or Occupied City Buildings Patrol
Two (2) armed security guard in uniform in a clearly marked security vehicle to patrol:

Location Day(s) Hours Description of Duties
Carousel Mall
295 Carousel Mall
Monday through
Sunday
10:00pm – 6:00am (8-
hours per day)
Patrol City owned buildings,
parking lots, and plazas in
clearly marked security
vehicle. Guards shall also
patrol on foot to check City
buildings that have exterior
doors, windows, and any
points of entry to assure that
they are locked and have not
been tampered with.

The Carousel Mall property
includes the parking
structure and all parking
areas surrounding the Mall.

Old Woolworth Building
396 N. E Street
Convention Center
301 N. E Street

512 W. 5th Street
Church Street/D Street
Church Street/Vale Street
Sturges Center for
Performing Arts
780 N. E Street

School of Hope
796 E. 6th Street

400 block N. F Street (west
side of street)

400 block N. D Street (west
side of street)

402 N. D Street (Law Library)

Packet Pg.
676

Security Guard Roving Services
City Yard Rover
One (1) armed security guard in uniform in a clearly marked security vehicle to patrol and conduct rover scans:

Location Day(s) Hours Additional
Duties/Checkpoint
Locations
San Bernardino City Yard
234 S. Mountain View Ave.

One (1) armed
guard with
vehicle
Monday through
Sunday, 9:00pm
– 5:00am
Roving and patrolling of
yard. There are three
entrance gates that should
be scanned once an hour.

City Building Rover (Swing and Graveyard)
One (1) armed security guard in uniform in a clearly marked security vehicle to patrol and conduct rover scans Monday through Sunday, from 10:00pm – 6:00am:

Location Additional Duties/Checkpoint Locations
Vanir Tower
290 N. D Street
Facility and parking lot to be checked by Patrol. Scanning checkpoint located at: 1) Employee entrance and 2) “D” Street door frame.
201 N. E Street, Bldg. A
(South)
Facility area to be checked by Patrol. Scanning checkpoint located at entrance of Building #A window frame.

California Theatre
562 W. 4th Street
Facility and surrounding parking lot to be checked by Patrol.

Scanning checkpoint located at front entrance ticket booth.

Animal Services
333 Chandler Pl.

Gates (2) to be checked twice a night by Patrol. Scanning checkpoint located on side door frame.

Norman F. Feldheym
Library
555 W. 6th Street
Gates to be checked twice a night by Patrol. Scanning
checkpoint located at library drop box.

Rudy C. Hernandez
Community Center
222 N. Lugo Ave.

Facility and parking lot to be checked by Patrol. Scanning checkpoint located at: 1) Employee entrance and 2) “D” Street door frame.
5th Street Community
Center
600 W. 5th Street
Facility and parking lot on north side to be checked by Patrol.

Checkpoint located at rear meter of the building.

Packet Pg.
677

Paul Villasenor Library
525 N. Mt Vernon Ave.

Facility and surrounding parking lot to be checked by Patrol.

Scanning checkpoint located on outside perimeter of entrance.

Lytle Creek Community
Center
380 S. K Street
Facility and parking lot to be checked by Patrol. Scanning checkpoint located in parking lot on blue sign.

Regal Cinema
450 N. E Street
Facility and parking lot to be checked by Patrol, including parking lots to the south, west and north side of the theater.

Scanning checkpoint located at loading dock door.

Court Street Square
349 N. E Street
Facility and parking lot to be checked by Patrol. Scanning checkpoint located at 1) Court Square gate and 2) “E” Street end of bridge.

Note: Vendor shall cover all rest and meal periods.

Rover Money Pick-up and Drop-Off Services
City Building Rover
One (1) armed security guard with a clearly marked security vehicle to pick-up and drop-off security bags at the following locations:

Location Day(s) Hours Description of
Duties/Notes
Animal Services
333 Chandler Place

Monday through
Thursday
Route begins at
8:45am
Pick-up at Animal Shelter
Front Rail.

Police Department
710 N. D Street
• Traffic Division
Window (1st Floor)
• Finance Department
(2nd Floor)
Monday through
Thursday
Approximately
9:15am – 9:45am
Two (2) pick-ups: First
floor Traffic Division and
second floor Finance
Department (call for pick-
up using the phone on the
wall).

Vanir Tower – Finance
Department
290 N. D Street, 3rd Floor
Monday through
Thursday
Arrive by
10:00am
Drop-off security bags
from Animal Services and
Police Department.

City Clerk, Business
Registration, and Parks &
Recreation Departments
201 N. E Street, Bldg. A
Monday through
Thursday
Approximately
10:15am –
11:15am
Pick-up at three (3)
departments. Business
Registration closed for
lunch from 1:30-2:30pm.

When picking up at the

Packet Pg.
678

(South) Parks & Recreation
Department, ring doorbell.

Community and Economic
Development
201 N. E Street, Bldg. B (3rd
Floor)
Monday through
Thursday
Approximately
11:30am –
2:00pm
For Community
Development, pick-up
from Licensing. For Public
Works, pick-up from
Accounting Assistant.

Public Works
201 N. E Street, Bldg. B, 2nd
Floor (North)

Norman F. Feldheym
Library
555 W. 6th Street
Wednesdays
only
Approximate pick-
up time is
1:00pm, but may
vary
Pick-up at Feldheym
Library, which will include
other library branches
security bags.

Vanir Tower - Finance
Department
290 N. D Street, 3rd Floor
Monday through
Thursday
Arrive by 2:00 -
3:00pm
Final drop-off.

Note: Monday through Friday schedules exclude holidays that are observed by the city. Vendor shall cover all rest and meal periods.

Special Events
The city may request security services for City events which will be outside of the scope listed above. Vendor is to ensure all scope of services are covered and there are no service interruptions due to special event. The city will provide a special event purchase order outside of scope of service. At the established hourly rate defined in this Cost Proposal Form.

Vendor will train staff as assigned to the service area or special event in accordance with the expectations set forth by the City.

Bidders must acknowledge all requirements of scope of work, previous section, including all categories and sub-points.

Please Sign and Acknowledge Here: __________________________________________

_________________________________________________________________________

If Bidder can provide additional services t hat are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city

BIDDER’S RESPONSE:

Packet Pg.
679

City Hall Campus
2nd Street to Court Street between “D” Street and “E” Street

Packet Pg.
680

City Yard
182 S. Sierra Way

Packet Pg.
681

Carousel Mall Property

Packet Pg.
682

San Bernardino City Animal Shelter
333 Chandler Place

Packet Pg.
683

City Libraries

Packet Pg.
684

Packet Pg.
685

City of San Bernardino Community Centers

Packet Pg.
686

EXHIBIT “B”
Unit Cost File:

PLEASE NOTE: The cost is per unit, but quantity ranges are provided to allow for volume discounts if offered by vendor. Vendor may simply provide one cost per unit if desired.

Packet Pg.
687

EXHIBIT C

CITY OF SAN BERNARDINO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
This Agreement is made and entered into as of [***INSERT MONTH***] [***INSERT DATE***], 20 22 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City ”), and [***INSERT NAME***] , a [***INSERT TYPE OF ENTITY AND STATE - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
[***INSERT DESCRIPTION***] (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in

Packet Pg.
688

accordance with the Schedule of Charges set forth in Exhibit “A.” [***Alternatively, the compensation schedule may be described here***]
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***] . This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole sat isfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice.

The invoice shall describe in detail the services performed and the associated time for completion.

Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

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

Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. [***Additionally, the City may include a CPI price adjustment, delete the following language if such adjustment will not be used***] Annual increases shall not exceed the percentage change in the Consumer Price Index - All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside -San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.

6. Term. This Agreement shall commence on t he Effective Date and continue through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”). [***Alternatively, the term can be spelled out in this section without reference to the Exhibit***]

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.

Packet Pg.
689

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

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

11. Standard of Care . Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by me mbers of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B”, and incorporated herein by this reference. [***IF NO PERFORMANCE

INDICATORS WILL BE USED DELETE THE ABOVE LANGUAGE AND ACCOMPANYING EXHIBIT B***]

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

Packet Pg.
690

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

14. Assignment and Subconsultant . Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shal l become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

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

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

Packet Pg.
691

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

Packet Pg.
692

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 mu st specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious soft ware code, in a form and with insurance companies acceptable to the City. g. Aviation and/or Drone Liability [***REMOVE SECTION IF NOT APPLICABLE***]
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City.
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per 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

Packet Pg.
693

Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

Cyber Liability $1,000,000 per occurrence and aggregate

Aviation and/or Drone Liability $1,000,000 per occurrence l imit [***REMOVE IF NOT APPLICABLE***]
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. i. Evidence Required
Prior to execution of the Agreement, the Consu ltant 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 cert ify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location, and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy d ue 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 effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.

Packet Pg.
694

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

Packet Pg.
695

m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial gene ral 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 a pprove 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 will ful 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 s ervices or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

Packet Pg.
696

and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
[***IF CITY IS AWARE THAT THE CONSULTANT WILL PERFORM WORK

SUBJECT TO PREVAILING WAGE LAW, PLEASE CONTACT LEGAL COUNSEL TO OBTAIN GUIDANCE REGARDING REVISING THE FOLLOWING PROVISION***]If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be regi stered 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 enforcemen t by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

19. Verification of Employment Eligibility . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to ti me, 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 a ny 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 e ntitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the

Packet Pg.
697

exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Responsibility for Errors. Consultant shall be responsible for its w ork 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 e vent that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

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

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

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

27. Organization. Consultant shall assign [***INSERT NAME***] as Project Manager.

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

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

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

CITY:

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

With Copy To:

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

CONSULTANT:

[***INSERT NAME, ADDRESS & CONTACT
PERSON***]

Packet Pg.
698

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

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

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

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

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

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiv er 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 no t 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.

Packet Pg.
699

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

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

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

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

44. [***DELETE SECTION IF THESE PENALTIES WILL NOT BE USED***] Disciplinary Actions in Phases for Non -Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may resul t in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regard to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning . A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided with a reasonable time to make corrections to their performance. This time period (iii) Formal Penalty Issued . A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement.

[SIGNATURES ON FOLLOWING PAGE]

Packet Pg.
700

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]

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

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
City Manager

ATTESTED BY:

Genoveva Rocha, CMC
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

Signature

Name

Title

Packet Pg.
701

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

Packet Pg.
702

[***IF NO PERFORMANCE INDICATORS WILL BE USED DELETE EXHIBIT B***]

EXHIBIT B

KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS

1. Performance Expectations
• A Performance Measurement Plan (“Performance Plan”) will be developed by the City [***INSERT DEPARTMENT***] and will be reviewed on a quarterly basis.

• Consultant will track and document all performance measures identified in the Performance Plan. Measures will include, but a not limited to the measures listed below:

• Consultant will develop and distribute, electronically, a monthly summary report showing the current status and 12-month trend of each performance measure.

• Consultant will attend quarterly meetings scheduled by the City [***INSERT DEPARTMENT***]and present and discuss performance measures. • Consultant will track all cost savings for all orders requested by Waste Resources and will report their total Cost Savings on a quarterly basis.

2. Performance Measures

1. Safety:
a. Definition: the condition of being protected from or unlikely to cause danger, risk, or injury
b. Safety Measures is related to PW projects when a contractor is conducting work on a county facility and/or delivery materials and services to a county facility.

2. Quality:
a. Definition: the standard of something as measured against other things of a similar kind; the degree of excellence of something.
b. Quality Measure is related to final result of a product or service. Ex. was the monitor installed correctly, crooked, upside down? Were monthly/annual inspections done correctly/on time, were they incomplete.

3. Cost Savings:
a. Definition: a reduction in expenses, especially in business b. Cost Savings Measure is related to savings that a vendor makes and passes on to the County.

4. On-Time Delivery:
a. Definition: On Time Delivery or OTD refers to a key performance indicator measuring the rate of finished products and deliveries made in time. This rate is expressed in a total number of units delivered within a set period defined by the customer and the supplier.
b. On-Time Delivery measure is related to service contracts, where the samples delivered on time to the lab. This can also refer to pick-up services such as with environmental contracts that deal with hazardous samples.

Packet Pg.
703

Thursday, July 6, 2023
RESPONSE TO RFP F-23-52

ARMED & UNARMED

SECURITY GUARD SERVICES

City of San Bernardino

Primary Contact:

Jason Berckart, CPP
Chief Executive Officer
951-370-9931
[email protected]
Redwood Private Security
Mission Statement

“To provide an unrivaled
partnership with quality
clients by delivering
customized security services
and solutions carried out by
a dedicated and professional
workforce.”

Packet Pg.
704

Thursday, July 6, 2023
Response to RFP F-23-52 Page 2 1) EXECUTIVE SUMMARY

Dear City of San Bernardino Purchasing,
Redwood Private Security is honored to present the following response to RFP F -23-52 (Armed and Unarmed Security Guard Services) for the City of San Bernardino . We pride ourselves in creating customized security services and full-service solutions by getting to know each client and their unique needs. We understand the City of San Bernardino has unique needs and challenges and we tailor our services to compliment City operations and serve as a true partner to you and the community we collectively serve.

Redwood Private Security was created by highly seasoned security management professionals with decades of collective experience. Our executive and management team have worked together for years and have the synergy to produce unrivaled security services.

Our team has demonstrated experience and great qualifications for serving clients of all types in multiple vertical markets. The Redwood Private Security team has extensive experience providing both armed and unarmed security services, including for the City of San Bernardino. We provide security for both the public and private sectors, including government offices and facilities, industrial complexes, commercial office, high-rise, and much more.

Our industry-leading processes and training academy establish the appearance and integrity the City should demand from their security services partner. Our security officers are thoroughly screened and trained before being placed at a City of San Bernardin o location . At Redwood Private Security, we do more than just fill a uniform; We provide security officers who take pride in their job and fulfill our commitment to a true security services partnership with each client.

At Redwood Private Security, we always stay ahead of the game in industry technology and best practices to complement our services delivery. We will propose technology and updated methodology to the City where applicable to reduce the need for personnel , increase visibility, and increase productivity and accountability.

After reviewing the following proposal, we are confident you will see Redwood Private Security is best suited and qualified to meet the City of San Bernardino’s dynamic security needs. I would be honored to provide a n in-person presentation to provide you with further information or answer any of your questions.

Respectfully,

Jason Berckart, CEO
Redwood Private Security, LP

951-370-9931 mobile | [email protected]

Packet Pg.
705

Thursday, July 6, 2023
Response to RFP F-23-52 Page 3 2) TABLE OF CONTENTS
1) EXECUTIVE SUMMARY ................................ ................................ ................ 2 2) TABLE OF CONTENTS ………………………………………………………………………………………………………….3 3) IDENTIFICATION OF PROPOSER ................................ ................................ .... 4 4) STAFFING RESOURCES ................................ ................................ ............... 5 5) FISCAL STABILITY ................................ ................................ .................. 11 6) EXPERIENCE & TECHNICAL COMPETENCE ................................ ...................... 13 7) PROPOSED METHODOLOGY ................................ ................................ ....... 24 8) FEE PROPOSAL ................................ ................................ ...................... 26 9) CERTIFICATE OF INSURANCE ................................ ................................ ..... 27 10) LITIGATION ................................ ................................ .......................... 28 11) OTHER INFORMATION ................................ ................................ .............. 29 12) CERTIFICATION OF PROPOSAL ................................ ................................ ... 30 13) APPENDICES ................................ ................................ ......................... 31

Packet Pg.
706

Thursday, July 6, 2023
Response to RFP F-23-52 Page 4 3) IDENTIFICATION OF PROPOSER
a) Legal Name and Address of Company:

Company Headquarters & Local Office
Redwood Private Security, LP
473 East Carnegie Drive, Suite 200
San Bernardino, CA 92408

b) Legal form of Company:

Redwood Private Security operates as a California Limited Partnership, headquartered in San Bernardino, California.

c) Subsidiary Information:

Not applicable - Redwood Private Security, LP is a privately-owned company and is not owned by any parent company.

d) Company Point of Contact:

Jason Berckart
Chief Executive Officer
473 East Carnegie Drive, Suite 200
San Bernardino, CA 92408
(909) 435-4051
[email protected]

e) California License Numbers:

Redwood Private Security is licensed by the State of California, Bureau of Security and Investigative Services (BSIS) as a Private Patrol Operator – License # PPO 120965

Redwood Private Security also holds a City of San Bernardino Business License – Account 969664

Packet Pg.
707

Thursday, July 6, 2023
Response to RFP F-23-52 Page 5 4) STAFFING RESOURCES
a) Firm Staffing and Key Personnel:
(i) If awarded this contract, Redwood Private Security intends to staff this contract with 20 permanent regular armed security officers and 4 permanent regular unarmed security officers. Additionally, we will maintain a pool of Flex and On -call armed and unarmed security officers to fill open shifts due to call -offs, planned absences, and additional security requests made by the City. These security officers will be supported by our Quality Control Managers (Field Supervisors), Operations Managers, and other company management. As a local San Bernardino business, we have unmatched access to local resources to staff any additional security needs for the City of San Bernardino on short notice. Redwood Private Security has previously supported the City of San Bernardino’s additional security needs for both planned events and unplanned emergency situations.

(ii) Redwood Private Security proposes using the following three (3) individuals who will be principally responsible to the City for this contract.

Dedicated Client Manager for City of San Bernardino

Redwood Private Security will assign a dedicated security manager to the City of San Bernardino to oversee the day -to-day operations. The security manager will also be responsible for overseeing hiring, training, scheduling, contract compliance, and supervision of the security officers assigned to the City of San Bernardino . The security manager will also serve as the day -to-day point of con tact with City officials for this contract and will ensure contract compliance and complete satisfaction by the City and any other stakeholders.

Larry Krininger, General Manager – Inland Empire

Mr. Krininger will be responsible for supporting the security manager and this contract by ensuring proper availability of job candidates and additional personnel resources, as needed, and will ensure compliance with the contract. Mr. Krininger has access to over 50 additional security personnel within the Inland Empire area. Mr. Krininger was involved in the Carousel Mall project, the City parks patrols and other security staffing needs for the City, and has built great working relationships with the various City departments. Mr.

Krininger will also coordinate initial and ongoing training for the security officers assigned to the City of San Bernardino.

Packet Pg.
708

Thursday, July 6, 2023
Response to RFP F-23-52 Page 6 Jason Berckart, Chief Executive Officer

Mr. Berckart will continue to support the City of San Bernardino by ensuring any resources requested by the City are fulfilled without delays or cumbersome layers of bureaucracy.

Mr. Berckart was involved with the City’s Carousel Mall project and has provided security officers to the City for the parks patrols, and other emergency and planned events. Mr.

Berckart is always ready to provide quick and effective solutions to our client -partners.

Mr. Berckart is a licensed and certified Firearms Instructor and is responsible for the company’s initial and ongoing firearms training, certification, and compliance programs.

Mr. Berckart will be the primary training instructor for the armed security officers assigned to the City of San Bernardino.
(iii) Redwood Private Security maintains a flat organizational structure so our employees and clients can benefit from quick and efficient responses from their management team. In addition to the above three managers, this contract will be supported by other departments within the company. The following Organizational Chart outlines the team who will be involved in this contract.

RPS will provide the City of San Bernardino with a clear channel of communication so we can provide the best security services possible. At RPS, our org anizational structure is designed with minimal layers of management. RPS delegates authority and responsibility appropriately so the assigned security manager can resolve issues without having to constantly escalate matters to higher management . With open lines of communication, RPS management can be in contact with City of San Bernardino management and RPS employees quickly and efficiently.

Packet Pg.
709

Thursday, July 6, 2023
Response to RFP F-23-52 Page 7 (iv) Brief Biographies of Proposed Management Team

Packet Pg.
710

Thursday, July 6, 2023
Response to RFP F-23-52 Page 8

Packet Pg.
711

Thursday, July 6, 2023
Response to RFP F-23-52 Page 9

Packet Pg.
712

Thursday, July 6, 2023
Response to RFP F-23-52 Page 10 b) Subcontractors:

Although Redwood Private Security strives to use local and minority-owned businesses to support other aspects of our business, we intend to only use Redwood Private Security employees to staff this contract.

Packet Pg.
713

Thursday, July 6, 2023
Response to RFP F-23-52 Page 13 6) EXPERIENCE & TECHNICAL COMPETENCE
a) Experience:
(i) Redwood Private Security and our team have a diverse background in the security industry and in the Inland Empire which gives us the ability to deploy industry best practices and proven tactics. RPS currently provides similar services to a variety of clients including the City of San Bernardino, entertainment venues, commercial properties, and shopping centers. RPS understands the complex challenges facing the City of San Bernardino and has the expertise and experience to address these issues. Through our experience wit h the City of San Bernardino and other local clients, RPS security officers have successfully abated problem individuals, provided resources to homeless individuals and individuals in crisis, and worked well with local law enforcement.

RPS utilizes the l atest technology to ensure timely responses, safety, accountability, transparency, and communication between security officers and with all stakeholders.

Our technology platforms enable our
management and City officials to track
security officer patrols to ensure
compliance with the contract and
thoroughness of patrols on a daily
report via e -mail. Our reporting
technology allows security officers to
capture and attach photos and videos
to any report, and then immediately
transmit the report via e-mail.

RPS security officers and managers have been trained and authorized by the San Bernardino Police Department to issue citations on City property for parking and municipal code violations when necessary. This is an added benefit to the City that will alleviat e the need for a uniformed police officer to respond to issue a citation for minor violations observed by our security officers.

RPS is the only security provider in the area to provide an Opioid Response Program. RPS is authorized by the State of California, Department of Public Health with a bulk prescription for Naloxone for use by our trained employees. RPS implemented this program to select clients where our security officers frequently encounter individuals with substance abuse issues. In addition to advanced First Aid, CPR and AED training, security officers are trained to administer and carry Naloxone (Narcan).

Packet Pg.
714

Thursday, July 6, 2023
Response to RFP F-23-52 Page 14 (ii) Redwood Private Security ’s executive and management team in San Bernardino brings over 75 years of combined experience in the security industry. Most of our team’s experience is in dynamic and high public contact environments similar to this Scope of Work. The management team pro posed for this contract have extensive front -line experience in San Bernardino and surrounding cities dealing with the issues of people experiencing homelessness, juvenile issues, trespassing, and other criminal acts. The proposed management team oversees the security officers currently assigned to the City and Vanir Tower and is familiar with many of the problematic individuals in downtown San Bernardino. The RPS team will bring over institutional knowledge of the downtown San Bernardino area, as well as all information from previous incidents occurring in the area.

RPS will use armed security officers who have experience providing similar services with solid work history. RPS conducts a thorough screening of all applicants including a comprehensive background check through a third -party screening service. The candidate’s information is checked against federal, state, and local criminal records databases, sex offender registries, and DMV records. RPS also verifies a candidate’s Social Security number and authorization to work in the United States using the Department of Homeland Security E -Verify system. Each candidate is required to meet or exceed all requirements set forth by the RPS standards and applicable state laws.

RPS verifies all training and work history listed on the candidate’s application. Training is verified by obtaining copies of certificates or diplomas, or by contacting the issuing organizations.

RPS conducts annual verifications of all required security licenses for all security officers and supervisors. In addition, RPS will conduct an annual Motor Vehicle Record check through the Department of Motor Vehicles (DMV) for all security officers and supervisors assigned to driving positions.

In compliance with the Drug-Free Workplace Act of 1988, RPS is committed to providing a safe and productive work environment free of illegal drugs. Alcohol and drug abuse in the workplace create a safety and security threat to the employees, clients, and facilities.

RPS is committed to the eliminat ion of illegal drug and alcohol use and abuse in the workplace. Candidates are required to pass a 10-panel drug screen for illegal drugs.

RPS also requires all armed security personnel to complete and pass a psychological evaluation using the same standard required for entry-level peace officers in California.

Each candidate is evaluated by our third-party licensed police psychologist.

Packet Pg.
715

Thursday, July 6, 2023
Response to RFP F-23-52 Page 15 (iii) The Redwood Private Security team has over 20 years providing and managing armed and unarmed security services to public s ector clients throughout California. These contracts included federal, state, county, and city agencies as well as public utilities and regional transportation agencies. The RPS CEO previously managed the entire security program for San Bernardino County, consisting of 485 security officers covering 110 work sites from Chino to Needles.

The proposed RPS management team has been providing armed and unarmed security services for the City of San Bernardino and throughout the Inland Empire for many years and is familiar with the local workforce and resources available to develop a successful workforce.

(iv) The following Redwood Private Security clients have similar job duties as those requested under this RFP.

Organization/ City: City of San Bernardino – Public Works Contact Name: Daniel Hernandez
Contact Phone Number: (909) 384-5924
Contact Email: [email protected]
Project Size: $320,000
Project Description:

Provide 24/7 armed security patrols of the Carousel
Mall property to deter and detect intrusion,
trespassing and other unlawful activity, make physical
arrests and issue City of San Bernardino citations as
necessary. RPS also provides additional security for
Parks and Recreation events and securing Seccombe
Lake Park each night.

Organization/ City: Southern California Real Estate Services Contact Name: Brenda Bunch
Contact Phone Number: (714) 259-9900
Contact Email: [email protected]
Project Size: $85,030
Project Description:

Provide daily security patrols of the Van Buren Plaza
property to protect customers coming and going from
the shopping center, deter and detect trespassing and
other unlawful activity.

Packet Pg.
716

Thursday, July 6, 2023
Response to RFP F-23-52 Page 16 Organization/ City: Urban Markets, LLC
Contact Name: John Burroughs
Contact Phone Number: (408) 206-7249
Contact Email: [email protected]
Project Size: $528,000
Project Description:

Provide daily security and patrols of the San Pedro
Square Market entertainment venue to protect
customers coming and going from the marketplace,
deter and detect trespassing and other unlawful
activity at the venue.

(v) Redwood Private Security was founded and is headquartered in San Bernardino. As a local company, we have a great understanding of the city and the many benefits and challenges that face San Bernardino and the surrounding cities.

Many of the benefits include being geographically
situated as a logistics hub with major north -south
and east -west freeways, and an abundance of
economic opportunity. Some of the challenges
facing San Bernardino and the surrounding cities is
the migration of homeless individuals into the area,
crime and poverty in some areas of the community.

RPS strives to be a top -tier local employer that can
provide good-paying employment opportunities and benefits to San Bernardino residents.

RPS also has several local resources and suppliers that are a vital part of ou r overall operation. These include workforce development resources, resources to assist applicants with getting their required security license at no cost, and local equipment suppliers.

The proposed management team has extensive experience providing and managing a security workforce in San Bernardino through various types of clients. Our team has managed armed, unarmed, and hybrid workforces for both public agencies and private - sector clients.

Packet Pg.
717

Thursday, July 6, 2023
Response to RFP F-23-52 Page 17 b) Project Specific Experience:
(i) Redwood Private Security is offering the following three service contracts as most relevant to the scope of work in this RFP.

(a) Role of the Firm: Private Security Services
(b) Dollar Value of Services: $320,000
(c) Dollar Value of the Fee:

RPS includes overhead costs and profits into our rates
and do not charge a flat fee.

(d) Description of the Services:

Provide 24/7 armed security patrols of the City property to deter and detect intrusion, trespassing and other
unlawful activity,
make physical
arrests and issue City
of San Bernardino
citations as
necessary. RPS also provides additional security for Parks and Recreation by patrolling several parks each night.

(e) Staffing:

RPS has provided anywhere from 4 - 8 armed security
officers and 6 – 10 unarmed security officers to the City.

(f) Duration of Providing Services:

Carousel Mall project: August 2022 – April 2023
Parks & Recreation: Ongoing
Public Works: Ongoing

(g) Relationship to Client: Approved security provider

(h) Client Contact:

Daniel Hernandez, Director of Public Works
City of San Bernardino – Public Works
(909) 384-5924
[email protected]

Packet Pg.
718

Thursday, July 6, 2023
Response to RFP F-23-52 Page 18

(a) Role of the Firm: Private Security Services
(b) Dollar Value of Services: $85,030/ year
(c) Dollar Value of the Fee:

RPS includes overhead costs and profits into our rates
and do not charge a flat fee.

(d) Description of the Services:

Provide daily security patrols of the Van Buren Plaza
property to protect
customers coming and going
from the shopping center,
deter and detect trespassing
and other unlawful activity.

(e) Staffing: RPS provides 2 unarmed security officers to the contract.

(f) Duration of Providing Services: January 2022 – Current

(g) Relationship to Client: Approved security provider

(h) Client Contact:

Brenda Bunch, Property Manager
Southern California Real Estate Services
(714) 259-9900
[email protected]

Packet Pg.
719

Thursday, July 6, 2023
Response to RFP F-23-52 Page 19

(a) Role of the Firm: Private Security Services
(b) Dollar Value of Services: $528,000/ year
(c) Dollar Value of the Fee:

RPS includes overhead costs and profits into our rates
and do not charge a flat fee.

(d) Description of the Services:

Provide daily security and patrols of the San Pedro
Square Market entertainment venue to protect
customers coming and going from the marketplace,
deter and detect trespassing and other unlawful activity at the venue.

(e) Staffing:

RPS provides the following staffing for Urban Markets:

One (1) full-time Security Manager
Two (2) Security Supervisors
Eight (8) Security Officers

(f) Duration of Providing Services: April 2021 – Current

(g) Relationship to Client: Approved Security Provider

(h) Client Contact:

John Burroughs, General Manager
Urban Markets, LLC
(408) 206-7249
[email protected]

Packet Pg.
720

Thursday, July 6, 2023
Response to RFP F-23-52 Page 20 (ii) Adverse Incidents

(a) Redwood Private Security has never failed to enter into a contract or professional services agreement once selected by a prospective client.

(b) Redwood Private Security has never withdrawn a proposal as a result of an error or for any other reason.

(c) Redwood Private Security has never terminated or failed a contract with a governmental agency. Redwood Private Security has cancelled services with some private-sector clients for non-payment issues or during annual contract re-bid.

(d) Redwood Private Security and its management team have never been debarred by any municipal, county, state, federal or any other local government agency.

(e) Redwood Private Security has never been involved in any litigation, arbitration, or mediation.

(f) Redwood Private Security has never falsified any information, statements or submission in connection with a contract.

(g) Redwood Private Security has never willfully disregarded applicable rules, laws, or regulations.

Packet Pg.
721

Thursday, July 6, 2023
Response to RFP F-23-52 Page 21 c) Technical Competence:
(i) Lighthouse System
RPS recognizes well-written and detailed reports build communication and trust with any client. RPS uses the Lighthouse Guard Tour and Reporting System throughout the company.

The Lighthouse Guard Tour and Reporting System encompasses fully customizable guard tour s, Daily Activity Report generation and e-mail distribution, incident reporting, and facility maintenance reporting functions. Lighthouse is a web -based and application - based program (for mobile devices, tablets, and smartphones) making it easily deployable and extremely versatile.

The Lighthouse Guard Tour program allows RPS and City management to create a custom guard tour for any site with one to an infinite number of checkpoints. Each checkpoint is created with an NFC (Near-Field Communication) tag that is scanned
using a mobile device using the Lighthouse
application and GPS technology. The guard tours
are monitored by RPS and City management
remotely and via emailed reports to ensure
required patrols are being conducted.

In an effort to reduce paper usage, RPS
implemented technology in place of paper throughout our operations. The Lighthouse DAR entry allows security officers to make their DAR entries in the Lighthouse system. These DAR entries are then compiled into a completed DAR report and can be automatically e -mailed to City management on a daily, weekly, or monthly basis. This eliminates the need for paper reports that can become inadvertently destroyed or lost when needed most.

The Lighthouse Incident Reporting function enables security officers to immediately create an Incident Report or Facility Maintenance Report from a desktop computer or mobile device. The Incident Reporting function is customizable to each site and includes location specifics such as site, individual suites, common areas, parking garage, etc. This customized location setup enables RPS and City management to pull reports specific to a particular area, timeframe, or incident type.

With customized options on the initial system setup, the security officer sees an easy-to-use dropdown menu of pre-set options. This creates a quicker and easier method for the security officer to effectively report incidents. This also allows the security officer to continue patrolling without having to stop and work through a cumbersome reporting program. The Lighthouse Incident Reporting function allows the security officer to capture photographs and short videos via the application, and/or upload photos, videos, and documents via the web portal as report attachments. This has proven to be an effective tool to manage the photographic and videographic evidence associated with security incidents.

Lighthouse can be set up to send an e-mail of the incident report as soon as it is created by the security officer. This provides for quick and effective communication of all incidents to RPS and City management.

Packet Pg.
722

Thursday, July 6, 2023
Response to RFP F-23-52 Page 22 TEAM Software
Redwood Private Security uses Team Software for our workforce management. This all -in-one system connects RPS’ workforce, Human Resource & Benefits functions, employee payroll, legal compliance, quality control, client invoicing, and accounting. From the moment a new employee is onboarded, our software cross-checks for proper licensing compliance, training standards, and quality controls. This helps us ensure we always fill posts with trained and qualified security officers. Our employee scheduling and timekeeping is centrally maintained in this web-based system, accessible to employees, schedulers, and man agers at any time on their phone or computer. This ensures clarity and communication to ensure all posts are filled 100% of the time.

Since timekeeping is directly tied to employee payroll within the software, our employees can count on an accurate paych eck on time each week. Another major benefit to this system is the connection between employee payroll and client invoicing. RPS will never bill a client for hours not confirmed worked and paid to an employee first. This results in very accurate invoicing to all RPS clients! Two-way Communications
Redwood Private Security utilizes the FirstNet Public Safety network , the same system used by local police and fire departments. This system enables the security officers assigned to the City to quickly communicate with one another throughout the city via push -to-talk and priority cellular network features. This benefits the City’s security program by
enabling a rapid and well -coordinated response to
crimes in progress and emergencies and enhancing
officer safety with quick backup from other officers.

Packet Pg.
723

Thursday, July 6, 2023
Response to RFP F-23-52 Page 23 Off-Highway Patrol Operations
Redwood Private Security can provide off-road security patrols for the City utilizing our all-terrain vehicle. These patrols can be useful when needing to patrol areas not easily accessible by normal vehicles, such as stormwater washes, hillsides and elevated terrain, and open spaces. (ii) All Redwood Private Security managers are trained at each worksite within their area of responsibility.

Our management team, from the CEO down, carry work equipment in their vehicles at all times should the need arise to respond to a site to assist with an incident or emergency staffing need. Additionally, many of our managers possess training and instructor credentials in different disciplines to be able to provide ongoing training to the security officers.

RPS maintains a team of Flex and On -call security officers which enable us to quickly fill posts during scheduled and unplanned absences, and additional coverage requests.

As an added layer of support, RPS cross-trains security officers from other similar sites to be able to fill in or assist with extra staff needs as requested by the City.

Packet Pg.
724

Thursday, July 6, 2023
Response to RFP F-23-52 Page 24 7) PROPOSED METHODOLOGY
The security program proposed is designed to provide effective and high-visibility security services for the City of San Bernardino facilities, employees, vendors, and visitors. The RPS team has experience providing these services for the City of San Bernardino. Through our research and experience, RPS understands the City’s current and anticipated security needs, including personnel resources needed, training needed for successful operations, specialized equipment and policies and procedures to complement your property’s operations.

Objective
Our objective is to deliver a client-centric customized security partnership program that will exceed your expectations, delivered by a committed and professional team. Your RPS management team will frequently assess your security program, recommend updates, implement new solutions, and consistently maintain communication and quality throughout the partnership. We will meet these objectives by using the following:
• A focused recruiting strategy where we will target quality, service -oriented Security Officers, and not just waiting for candidates to apply to online advertising. • An employee compensation package to attract the best candidates in the area, including a generous salary, medical, dental and vision plans, 401(k) options, and much more. • A thorough screening procedure to ensure we only hire the best qualified Security Officers with a proven work history and good work ethic. Our screening includes extensive background checks, psychological assessment by a licensed law enforcement psychologist, drug screening, motor vehicle records check, and previous work experience verification. • An onboarding process employing a mentor -protégé method where new hires are guided through their orientation to RPS’ policies and procedures, and company culture with more individualized focus.
• An industry -leading training academy that will provide our security teams with the ongoing educational tools they need to be successful in their individual positions, as well as preparing them for their career advancement. Armed security officers will undergo an intensive weeklong academy including firearms training and arrest/ citation training at our range facility. Other t raining is currently offered in both instructor-led and multimedia formats for all security officers. • Use of consistent field supervision, quality control measures, and employee support. • Regular visits with City management to ensure consistent quality and service delivery. • Use of scheduled performance evaluations of employees to ensure we communicate expectations, give praise for high-performing areas, and strengthen areas needing improvement • Custom incident reporting and guard tour system, including automatic e-mail reports to track all aspects of the services provided by RPS.

Packet Pg.
725

Thursday, July 6, 2023
Response to RFP F-23-52 Page 25 Schedule of Tasks
Upon award of a contract with the City of San Bernardino, RPS will develop a detailed transition plan outlining the tasks to be completed prior to the start of services. Some of the tasks include hiring and training of personnel, ordering of officer uniforms, acquisition of any equipment needed, and r egular update meetings with key stakeholders.

RPS proposes the following schedule of tasks:

Award of Contract: Work with City of San Bernardino staff to ensure all required documents are received and approved, and contract is signed.

Pre-start Tasks:

Recruit any needed security officers.

Select, screen, and onboard any new security officers.

Provide initial training to the security officers.

Order new uniforms and equipment for the startup.

Meet with City officials and any other key stakeholders.

Meet with San Bernardino PD to discuss any concerns at the site and establish best practices for handling issues.

Conduct a thorough site security assessment for each location.

Develop draft site post orders for review and approval by the City.

Provide site-specific post training to security officers and supervisors.

Services Start:

Begin staffing the sites based on the contract staffing levels.

Shadow new security team to ensure smooth operations.

Post-Start Tasks:

Provide additional training to security officers and supervisors.

Meet with City officials and key stakeholders to discuss services and any observations.

Provide any recommendations to City officials and key stakeholders.

Ongoing:

Provide debriefing on any incidents occurring at the site.

Continuously monitor activity at the site to ensure effective service.

Provide refresher training to the security team as needed.

Packet Pg.
726

Thursday, July 6, 2023
Response to RFP F-23-52 Page 27 9) CERTIFICATE OF INSURANCE
Redwood Private Security maintains insurance coverage for all clients. The following COI is issued for the City of San Bernardino.

Packet Pg.
727

Thursday, July 6, 2023
Response to RFP F-23-52 Page 28 10) LITIGATION
Redwood Private Security has not been involved in any litigation for any claims by or against us in the last 5 years.

Packet Pg.
728

Thursday, July 6, 2023
Response to RFP F-23-52 Page 29 11) OTHER INFORMATION
a) Experience Staffing Tasks Efficiently and Within Budget:

Redwood Private Security has successfully staffed many new clients, including the City of San Bernardino during startup, special events, and supporting their unplanned/ emergency staffing needs. RPS has provided security officers for both small and large-scale operations, armed and unarmed officers, 24 hours per day. RPS regularly provides additional staffing for clients needing emergency services, such as fire watch services, emergency maintenance, and other facility emergencies.

RPS has never failed to fulfill our staffing obligations for any client and has always worked with our clients to keep their security services within budget. Whenever possible, RPS management recommends technology or sta ffing level adjustments that benefit the client, often saving them money over the life of the contract.

b) Description of Community Involvement:

Redwood Private Security is a member of several industry organizations and regularly sponsors events with these g roups. RPS regularly supports various industries including commercial properties, real estate management, and community associations. RPS regularly sponsors and attends the Commercial Real Estate Women (CREW), Building Owners and Managers Association (BOMA) – Inland Empire Chapter,
and Community Associations
Institute – Greater Inland Empire
Chapter. RPS is also a member of
Infragard and various Fusion
Centers to exchange information
on developing incidents and
emerging threat elements.

c) Previous Involvement with the City:

Redwood Private Security previously provided armed security services to the City of San Bernardino at Carousel Mall. During our tenure at the mall, RPS also supported other Public Works projects and the ASU Dorm Fire Watch services for Community Development. RPS provided additional special event security for the City’s Parks and Recreation Department for the Christmas in the Park event, as well as events at Seccombe Lake Park.

d) No Conflict of Interest:

Redwood Private Security and its owners and managers have no conflict of interest in providing these security services to the City of San Bernardino.

Packet Pg.
729

Thursday, July 6, 2023
Response to RFP F-23-52 Page 30 12) CERTIFICATION OF PROPOSAL
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.

By: ________________________
Jason Berckart
Chief Executive Officer

Packet Pg.
730

Thursday, July 6, 2023
Response to RFP F-23-52 Page 31 13) APPENDICES
Redwood Private Security has acknowledged all three (3) addendums shown on PlanetBids for this RFP.

Packet Pg.
731

EXHIBIT “A”
Scope of Work:

Introduction

The City of San Bernardino (“City”) is requesting proposals from qualified vendors to provide armed and unarmed guard services. The city desires to enter into an agreement for professional services with a qualified vendor who can demonstrate competency and experience in providing guard services.

There is no expressed or implied obligation for the City to reimburse responding vendors for any expenses incurred in preparing proposals in response to this request. The City reserves the right to reject any or all proposals submitted.

Proposals will be evaluated by city staff. The City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from vendors, or to allow corrections of errors or omissions.

Terms: For purposes of this scope of services and any related documents, the following terms are defined as:

 Contract Manager – The City representative responsible for overseeing the contract and ensuring the vendor services agreement is appropriately followed, including answering questions, making changes, and mediating conflicts. This designation is assigned to the Public Works Facilities and Fleet Division Manager. The Deputy Director of Operations is assigned as the alternate contract manager.

 Vendor – This refers to the security guard services contractor and any of their assigned representatives.

General Description

The Vendor shall provide appropriately equipped and well-trained, certified, and/or licensed security guards for the protection of the City’s employees, the public and the property, and shall plan, schedule, coordinate, and ensure the effective performance of all services described herein. Quality and experience of security guards and the services provided will be a critical element of the contract, as written within this RFP and particularly in the following “Scope of Services (Specifications)”.

The following are conditions and specifications covering security guard services at the designated City locations. This scope of services is based on hourly rates and the results will be deemed acceptable if they are able to provide guard services according to the outlined specifications. The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work as may be deemed necessary or advisable by the City. The Contract Manager may make such alterations or deviations, additions to, or omissions from these specifications, as may be determined to be necessary and advisable for City hours of operation and/or events. Such alterations or deviations, additions or omissions shall in no way affect or make void the scope of services. If during the course of work the Vendor experiences a conflict with the plans/scope of work, the Vendor shall notify the Contract Manager before proceeding with said services.

Packet Pg.
732

Vendor Service Requirements

 The Vendor must comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to those regarding wages, and cover all rest and meal periods to ensure continuous coverage.
 Agree and ensure that security personnel fully perform their duties in accordance with City imposed policies, procedures, and conditions for continued service at this account. o Ensure that security personnel are fully aware of the political sensitivities that exist in a municipal government.
 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 Vendor. These costs must be included in the billing rate.
 Immediately transfer/remove security personnel from the account at the City’s request.

This includes the assigned Contract Manager representing the Vendor.  The Vendor shall provide standard uniforms to security personnel. This also includes a visual depiction of uniforms as part of the proposal, including any overcoats, jackets, and head gear.
 The Vendor shall furnish all security personnel with communication equipment (radios, cell phones, etc.).
 The Vendor shall designate a Contract Manager who will ensure all work tasks are performed by each security guard and staff to meet contract obligations and shall coordinate all issues relating to this contract, staffing, performance, etc., and will be the point of contact for the City. Vendor shall not replace the Contract Manager unless prior written notice is given to and approved by the City.
 The Vendor shall offer a patrol motoring system. Please refer to the “ Reporting and Notification” section for further system criteria.
 The Vendor shall not be entitled to be paid or reimbursed by the City for any services or any other labor, supervision, or material that is in excess of the Scope of Services.  The Vendor shall, at the firm’s expense, have all assigned guards complete the Vendor’s established training program, and shall make evidence of such training available upon request. In addition, the Vendor must provide a copy of their training plan/schedule along with their bid.

Bidders must acknowledge all requirements of scope of work, previous section, including all categories and sub-points.

Please Sign and Acknowledge Here: __________________________________________

_________________________________________________________________________

If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city

BIDDER’S RESPONSE:

Acknowledged.

RPS can provide any additional services as requested by the City.

Packet Pg.
733

San Bernardino Municipal Code 9.90.010 Arrest – Citation

 Pursuant to Sections 836.5, 853.5, and 853.6 of the California Penal Code, security guard personnel as listed in each subsection herein are authorized and empowered to arrest and issue notices to appear for violations of the provisions of the San Bernardino Municipal Code as hereinafter set forth.

Security Guard Requirements

 The Vendor’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.  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 Class A uniform provided by the Vendor, 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. Further criteria are noted in the “Reporting and Notification” section below.  Security guards are required to sweep buildings prior to open of business by checking the public areas, restrooms, trash cans, and under benches to ensure that no one has hidden a weapon in the facility overnight.
 Each site patrol is to take 15-20 minutes and should consist of foot and vehicle patrols.

During each patrol, guards will check all exterior doors/facility structure and assure they are locked and have not been tampered with.
 Confirmation that the assigned patrols were performed using barcode scanning checkpoints.
 Ensure that security personnel remain awake and alert at all times. The vendor shall take appropriate disciplinary action in the event a security officer is found asleep (or appears to be asleep) while on duty.
 Escort City staff to vehicles as requested. A dispatch number will need to be provided to accommodate escort services upon award of contract services.  Must not be intimidated to approach an upset customer when City staff are talking to the customer.
 Deter unsolicited commotion.
 Escort upset customer out of the building if needed.
 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).

Packet Pg.
734

 All unarmed security guards shall meet t he requirements, including a valid Security Guard Registration (California Guard Card) of the California State Department of Consumer Affairs, Bureau of Collections, and Investigations.

Reporting and Notification

 Security guards shall log and report daily regarding all serious incidents to the Public Works Facilities and Fleet Division Manager.
o 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. o These forms should be used to document any damages, such as graffiti or vandalism, noted at any of the city facilities.
o Ensure that security personnel document any security incidents on incident report forms and provide electronic copies to the city.  On a monthly basis, the Vendor will provide a signed and dated work task/frequency sheet verifying all work performed at all locations.
o A monthly work report shall be signed and dated confirming that the work was accomplished.
 The Vendor must have a patrol monitoring system in place to allow security guards to scan assigned QR-Code checkpoints located at City entrances, doors, window frames, etc.
o The function is to be used on regular patrol and at special events for tracking to generate real time reports.
o Guard tours are monitored by the Vendor and City management remotely and sent by email to ensure required patrols are being conducted.  Customer Service and After-Hours Notification
o The Vendor is required to have a dedicated after-hours notification line monitored and answered by an employee that can dispatch crews should an after-hour emergency or urgent issue occur.

Bidders must acknowledge all requirements of scope of work, previous section, including all categories and sub-points.

Please Sign and Acknowledge Here: __________________________________________

_________________________________________________________________________

If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city

BIDDER’S RESPONSE:

Acknowledged.

RPS agrees to meet all minimum standards and will provide additional profesional development training to our employees.

Packet Pg.
735

Hours of Operation

 Work hours vary by department and times are subject to change at any time. The Vendor will be notified by the Facilities and Fleet Division Manager of any changes to department hours, or any adjustments needed to be made to the existing schedule prior to implementation.

Requests from the Public

 The Vendor and its representatives are prohibited from taking direct requests from any residents, park patrons, City staff (not affiliated with the Facilities Maintenance Work Section of the Public Works Department), or any other organizations. The Vendor will make every effort to politely inform the requesting individual or party to contact the Public Works Department, City’s Public Information Officer (PIO), or the San Bernardino Help Line at 909-384-7272.

Requests from the Media

 The Vendor and its representatives should not speak to the media on the Department’s behalf without approval. All media inquiries should be directed to the Public Works Department, the City’s Public Information Officer (PIO), or the San Bernardino Help Line at 909-384-7272.

Bidders must acknowledge all requirements of scope of work, previous section, including all categories and sub-points.

Please Sign and Acknowledge Here: __________________________________________

_________________________________________________________________________

If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city

BIDDER’S RESPONSE:

Acknowledged.

RPS agrees to comply with the above items.

Packet Pg.
736

LOCATIONS AND AREAS OF SERVICE

For a full description and illustration of areas requiring patrol and/or security checks and illustrated location maps, please see below:

Front Desk Security Services

City Hall Campus

Concierge/front desk security guards provide both security and hospitality services and are responsible for delivering a high level of customer service and providing protection for the occupants of the building.

Note: Monday through Friday schedules exclude holidays that are observed by the city.

San Bernardino Public Libraries
Concierge/front desk security guards provide both security and hospitality services and are responsible for delivering a high level of customer service and providing protection for the occupants of the building.

Location Number of
Guards
Day(s) Hours
Norman F. Feldheym Library
555 W. 6th Street
Two (2) unarmed
security in
uniform
Monday and
Tuesday
11:00am – 8:00pm
Wednesday,
Thursday, and
Saturday
9:00am – 6:00pm
Location Number of Guards Day(s) Hours
Vanir Tower
290 N. D Street, 1st
Floor Lobby
One (1) armed security
in uniform
Monday through
Thursday
7:00am –
5:30pm
Friday 7:00am –
4:30pm
201 N. E Street, Bldg. A
(South)
One (1) armed security
in uniform
Monday through
Thursday
7:00am –
5:30pm
Friday 7:00am –
4:30pm
201 N. E Street, Bldg. B
3 rd Floor (North)
One (1) armed security
in uniform
Monday through
Thursday
7:00am –
5:30pm
Friday 7:00am –
4:30pm

Packet Pg.
737

Paul Villasenor Library
525 N. Mt. Vernon Ave.

One (1) unarmed
security in
uniform
Monday and
Tuesday
11:00am – 8:00pm
Wednesday,
Thursday, and
Saturday
9:00am – 6:00pm
Howard M. Rowe Library
108 E. Marshall Blvd.

One (1) unarmed
security in
uniform
Monday and
Tuesday
11:00am – 8:00pm
Wednesday,
Thursday, and
Saturday
9:00am – 6:00pm
Note: Monday through Friday schedules exclude holidays that are observed by the city. Vendor shall cover all rest and meal periods. Libraries closed on Fridays and Sundays.

Security Guard Patrol Services
City Hall Campus Patrol
One (1) armed security guard in uniform in a clearly marked security vehicle to patrol during swing and graveyard shifts:

Location Day(s) Hours Additional Duties
City Hall Campus (map
included in Exhibit A)
One (1) armed
security in uniform;
totaling three (3)
rover armed guards
per day
Monday through
Sunday, 24 hours
per day
Three 8-hour shifts per
day. Escort services shall
be available from the
hours 4:00pm – 8:00pm.

Patrol areas include City
Hall parking structure,
parking lot, and building
exterior.

Packet Pg.
738

City Parks Patrol
Two (2) armed security guards in uniform in a clearly marked security vehicle to patrol:

Location Day(s) Hours Additional Duties
Bryce Haynes Park
900 N. E Street
Monday through
Sunday
6:00pm – 5:00am Facility and parking lot to be
checked by Park Patrol.

Clear parking lot and lock
outer gate and inner
gates/barriers by 10:00pm.

Meadowbrook Park
250 N. Sierra Way
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.

Wildwood Park
536 E. 40th Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.

Blair Park
1466 W. Marshall Blvd.

Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.

Perris Hill Park
1135 E. Highland Ave.

Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside gates by 10:00pm.

Pioneer Cemetery
211 E. 9th Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot and lock
the inner gates/barriers and
outer 7
th Street gate by
10:00pm.

Delmann Heights Park
2969 Flores Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.

Norton Recreation
Center
1554 E. Townsend Drive

Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.

Encanto Park
1180 W. 9th Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.

Nicholson Park
2750 W. 2nd Street
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers by 10:00pm.

Seccombe Park and
Lake
Monday through
Sunday
6:00pm – 5:00am Clear parking lot. Lock
outside and inner
gates/barriers from October

Packet Pg.
739

160 E. 5th Street – March (winter hours) by
6:00pm. Lock outer gate
from April – September
(summer hours) by 8:00pm.

Note: Summer and Winter hours

Vacant or Occupied City Buildings Patrol
Two (2) armed security guard in uniform in a clearly marked security vehicle to patrol:

Location Day(s) Hours Description of Duties
Carousel Mall
295 Carousel Mall
Monday through
Sunday
10:00pm – 6:00am (8-
hours per day)
Patrol City owned buildings,
parking lots, and plazas in
clearly marked security
vehicle. Guards shall also
patrol on foot to check City
buildings that have exterior
doors, windows, and any
points of entry to assure that
they are locked and have not
been tampered with.

The Carousel Mall property
includes the parking
structure and all parking
areas surrounding the Mall.

Old Woolworth Building
396 N. E Street
Convention Center
301 N. E Street

512 W. 5th Street
Church Street/D Street
Church Street/Vale Street
Sturges Center for
Performing Arts
780 N. E Street

School of Hope
796 E. 6th Street

400 block N. F Street (west
side of street)

400 block N. D Street (west
side of street)

402 N. D Street (Law Library)

Packet Pg.
740

Security Guard Roving Services
City Yard Rover
One (1) armed security guard in uniform in a clearly marked security vehicle to patrol and conduct rover scans:

Location Day(s) Hours Additional
Duties/Checkpoint
Locations
San Bernardino City Yard
234 S. Mountain View Ave.

One (1) armed
guard with
vehicle
Monday through
Sunday, 9:00pm
– 5:00am
Roving and patrolling of
yard. There are three
entrance gates that should
be scanned once an hour.

City Building Rover (Swing and Graveyard)
One (1) armed security guard in uniform in a clearly marked security vehicle to patrol and conduct rover scans Monday through Sunday, from 10:00pm – 6:00am:

Location Additional Duties/Checkpoint Locations
Vanir Tower
290 N. D Street
Facility and parking lot to be checked by Patrol. Scanning checkpoint located at: 1) Employee entrance and 2) “D” Street door frame.
201 N. E Street, Bldg. A
(South)
Facility area to be checked by Patrol. Scanning checkpoint located at entrance of Building #A window frame.

California Theatre
562 W. 4th Street
Facility and surrounding parking lot to be checked by Patrol.

Scanning checkpoint located at front entrance ticket booth.

Animal Services
333 Chandler Pl.

Gates (2) to be checked twice a night by Patrol. Scanning checkpoint located on side door frame.

Norman F. Feldheym
Library
555 W. 6th Street
Gates to be checked twice a night by Patrol. Scanning
checkpoint located at library drop box.

Rudy C. Hernandez
Community Center
222 N. Lugo Ave.

Facility and parking lot to be checked by Patrol. Scanning checkpoint located at: 1) Employee entrance and 2) “D” Street door frame.
5th Street Community
Center
600 W. 5th Street
Facility and parking lot on north side to be checked by Patrol.

Checkpoint located at rear meter of the building.

Packet Pg.
741

Paul Villasenor Library
525 N. Mt Vernon Ave.

Facility and surrounding parking lot to be checked by Patrol.

Scanning checkpoint located on outside perimeter of entrance.

Lytle Creek Community
Center
380 S. K Street
Facility and parking lot to be checked by Patrol. Scanning checkpoint located in parking lot on blue sign.

Regal Cinema
450 N. E Street
Facility and parking lot to be checked by Patrol, including parking lots to the south, west and north side of the theater.

Scanning checkpoint located at loading dock door.

Court Street Square
349 N. E Street
Facility and parking lot to be checked by Patrol. Scanning checkpoint located at 1) Court Square gate and 2) “E” Street end of bridge.

Note: Vendor shall cover all rest and meal periods.

Rover Money Pick-up and Drop-Off Services
City Building Rover
One (1) armed security guard with a clearly marked security vehicle to pick-up and drop-off security bags at the following locations:

Location Day(s) Hours Description of
Duties/Notes
Animal Services
333 Chandler Place

Monday through
Thursday
Route begins at
8:45am
Pick-up at Animal Shelter
Front Rail.

Police Department
710 N. D Street
 Traffic Division
Window (1st Floor)
 Finance Department
(2nd Floor)
Monday through
Thursday
Approximately
9:15am – 9:45am
Two (2) pick-ups: First
floor Traffic Division and
second floor Finance
Department (call for pick-
up using the phone on the
wall).

Vanir Tower – Finance
Department
290 N. D Street, 3
rd Floor
Monday through
Thursday
Arrive by
10:00am
Drop-off security bags
from Animal Services and
Police Department.

City Clerk, Business
Registration, and Parks &
Recreation Departments
201 N. E Street, Bldg. A
Monday through
Thursday
Approximately
10:15am –
11:15am
Pick-up at three (3)
departments. Business
Registration closed for
lunch from 1:30-2:30pm.

When picking up at the

Packet Pg.
742

(South) Parks & Recreation
Department, ring doorbell.

Community and Economic
Development
201 N. E Street, Bldg. B (3rd
Floor)
Monday through
Thursday
Approximately
11:30am –
2:00pm
For Community
Development, pick-up
from Licensing. For Public
Works, pick-up from
Accounting Assistant.

Public Works
201 N. E Street, Bldg. B, 2nd
Floor (North)

Norman F. Feldheym
Library
555 W. 6th Street
Wednesdays
only
Approximate pick-
up time is
1:00pm, but may
vary
Pick-up at Feldheym
Library, which will include
other library branches
security bags.

Vanir Tower - Finance
Department
290 N. D Street, 3
rd Floor
Monday through
Thursday
Arrive by 2:00 -
3:00pm
Final drop-off.

Note: Monday through Friday schedules exclude holidays that are observed by the city. Vendor shall cover all rest and meal periods.

Special Events
The city may request security services for City events which will be outside of the scope listed above. Vendor is to ensure all scope of services are covered and there are no service interruptions due to special event. The city will provide a special event purchase order outside of scope of service. At the established hourly rate defined in this Cost Proposal Form.

Vendor will train staff as assigned to the service area or special event in accordance with the expectations set forth by the City.

Bidders must acknowledge all requirements of scope of work, previous section, including all categories and sub-points.

Please Sign and Acknowledge Here: __________________________________________

_________________________________________________________________________

If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city

BIDDER’S RESPONSE:

Acknowledged.

RPS has a staffing plan to ensure all posts are staffed, including during rest and meal breaks as indicated on the schedules. RPS will make suggestions to the City of scheduling chnages that may benefit the City's operations.

Packet Pg.
743

1 6
7 6

PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: October 18, 2023
To: Honorable Mayor and City Council Members
From: Charles E. McNeely, Interim City Manager;
Mary Lanier, Interim Director of Community, Housing, and Economic Development;
Cassandra Searcy, Deputy Director of Housing and
Homelessness
Department: Community, Housing, and Economic Development (CED) Subject: Pathways to Removing Obstacles to Housing (PRO Housing) Grant Application
Recommendation:

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

1. Conduct a Public Hearing to obtain citizens’ comments on the draft Pathways to Removing Obstacles to Housing (PRO Housing) grant application to the Department of Housing and Urban Development (HUD); and

2. Authorize the City Manager, or designee, to take necessary steps to effectuate the submittal of the proposed Pathways to Removing Obstacles to Housing (PRO Housing) grant application, and related documents, to the Department of Housing and Urban Development (HUD).

Executive Summary
Staff requests to conduct a Public Hearing to provide the public an opportunity to comment on the proposed draft application for the Pathways to Removing Obstacles to Housing (Pro Housing) grant to the Department of Housing and Urban Development (HUD). The grant guidelines require applicants to publish their PRO Housing application with reasonable notice (minimum of 15 days) for public comment, at least one public hearing, and ongoing public access to information about the use of grant funds. If awarded, the City will serve as lead entity and fiscal agent, with the Housing Authority of the County of San Bernardino (HACSB) as the sub-recipient for the Arrowhead Grove project to develop affordable housing.

Packet Pg.
744

1 6
7 6
Background
On September 7, 2023, HUD issued a Notice of Funding Opportunity (NOFO) under the authority of the Consolidated Appropriations Act, 2023 (Public Law 117-328, approved December 29, 2022) (Appropriations Act), which appropriates $85 million for competitive grant funding for the identification and removal of barriers to affordable housing production and preservation. Congress has directed HUD to undertake a competitive process using the Community Development Block Grant (CDBG) statutory and regulatory framework.

Eligible applicants include local governments, and funds may be used for the following:
•To further develop, evaluate, and implement housing policy plans; •Improve housing strategies;
•Facilitate affordable housing production and preservation; and •Respond to an acute demand for housing affordable to households with incomes below 100 percent of the area median income.

The City notified the public via published postings in the San Bernardino Sun (English) on October 3, 2023, and El Chicano (Spanish) on October 5, 2023, for feedback and comments on the draft application, available for review on the City’s website for a 15- day period. Feedback from the public will be assessed and incorporated into the execution of the grant, if awarded. The deadline to submit a final draft of the grant application is October 30, 2023.

Discussion
Affordable housing is scarce in California and the City of San Bernardino is no exception. Historically, the City of San Bernardino has faced overwhelming housing and homelessness challenges, further impacted by the current cost-to-income ratio of

12.9, where buying a home requires nearly thirteen times the median household income. Obtaining the PRO Housing grant funds will assist the City in alleviating obstacles to housing.

The City’s 2023-2024 Annual Action Plan to HUD addresses the demand for housing with the following goals:
•Fair Housing
•Expand Homeownership Opportunities
•New Affordable Housing Construction or Rehabilitation
•Improve Facilities and Infrastructure
To realize these goals, the City leans into well-established partnerships that assist in expanding the affordable housing inventory through new construction or redevelopment. In particular, the partnership with the Housing Authority of the County of San Bernardino (HACSB) has been instrumental in developing several affordable housing projects throughout the City: Valencia Vista (Phase 1: 76 units completed in 2016), Olive Meadow (Phase 2: 62 units completed in 2017), and Crestview Terrance (Phase 3: 184 units completed in 2021). Currently, HACSB is developing Phase 4:

Packet Pg.
745

1 6
7 6
Arrowhead Grove, a 92-unit mixed-use, mixed-income project with an on-site Community Center where healthcare providers and other community-based services will be accessible to residents and the surrounding community.

Staff recommends approval for the City to apply to HUD for the PRO Housing grant as the lead entity and fiscal agent, with the HACSB as the sub-recipient for the Arrowhead Grove project. The requested amount in grant funds is approximately $5.3 million, which is inclusive of administrative costs and project expenditures. The Arrowhead Grove housing units will be designed to adhere to accessibility standards of the Americans with Disabilities Act, ensuring that individuals with disabilities can live comfortably and safely. In the face of a growing affordable housing crisis, Arrowhead Grove will help ensure adequate housing for all residents, irrespective of their economic standing.

This proposal aligns with California’s Housing Element Law, which mandates local governments to adequately plan for the housing needs of everyone in their community.

By developing the current Housing Element plan, the city must adopt an expedited compliant housing plan by February 7, 2024, and adjust the local density bonus ordinance to encourage projects to incorporate affordable dwelling units. Additionally, the City agreed to increase housing construction under the provisions of the Housing Element Law.

This effort also delivers a focused approach toward mitigating the housing challenges prevalent in the city and moves to create an equitable and sustainable urban living environment to positively impact one of the most disadvantaged communities in the state.
2021-2025 Strategic Targets and Goals
This request aligns with Key Target No. 3: Improved Quality of Life by reducing barriers to affordable housing that includes creating units for low-income residents.

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

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

1. Conduct a Public Hearing to obtain citizens’ comments on the draft Pathways to Removing Obstacles to Housing (PRO Housing) grant application to the Department of Housing and Urban Development (HUD); and

2. Authorize the City Manager, or designee, to take necessary steps to effectuate the submittal of the proposed Pathways to Removing Obstacles to Housing (PRO Housing) grant application, and related documents, to the Department of Housing and Urban Development (HUD).

Packet Pg.
746

1 6
7 6
Attachments
Attachment 1 – DRAFT PRO Housing Grant Application 10.3.23 Ward:

Ward 1
Synopsis of Previous Council Actions:

No previous Council actions.

Packet Pg.
747

Arrowhead Grove Inclusive Redevelopment
Project Requested Funding: $5,269,640

Packet Pg.
748

Tableof Contents
ExhibitA:ExecutiveSummary.......................................................................................................2ExhibitB:ThresholdRequirements.................................................................................................3PublicParticipation....................................................................................................................4EnvironmentalReview...............................................................................................................4CodeofConduct........................................................................................................................4CivilRightsLawCompliance....................................................................................................4ExhibitC:Need................................................................................................................................5AddressingBarrierstoAffordableHousingProductionandPreservation................................5AcuteDemandforAffordableHousing.....................................................................................7KeyBarriers...............................................................................................................................9ExhibitD:SoundnessofApproach................................................................................................10ProjectVision...........................................................................................................................10CommunityResources.......................................................................................................13GeographicLocation..........................................................................................................14StakeholderEngagement.........................................................................................................15AffirmativelyFurtheringFairHousing....................................................................................17BudgetandTimeline................................................................................................................26ExhibitE:Capacity........................................................................................................................27ExhibitF:Leverage........................................................................................................................33ExhibitG:Long-TermEffect.........................................................................................................33 Page1

Packet Pg.
749

Exhibit A: ExecutiveSummary
TheCityofSanBernardino,situatedinsouthernCalifornia’sInlandEmpireregion,isnestledinavalleysurroundedbytheSanBernardinoMountainstothenorthandtheSanGabrielMountainstothewest.ItslocationalongthehistoricRoute66andproximitytomajorintrastateandinterstatecorridors,suchastheI-10andI-215,makeSanBernardinoapivotaltransportationhubforaregionwithboomingwarehousingandlogisticssectors.Thecity’spopulationishighlydiverse.AccordingtotheU.S.CensusBureau,67.6%ofresidentsareidentifiedasHispanicorLatino,12.5%areBlackorAfricanAmerican,13.7%areNon-HispanicWhite,10.8%areMultiracial,and3.9%areAsian.

TheInlandEmpireregion(SanBernardinoandRiversideCounties)haslongbeencharacterizedbyopportunityandprosperitydeficits.Anestimated20.9%ofSanBernardinoresidentsliveatorbelowtheFederalPovertyLine.Thecity’spercapitaincomeis$20,812annually, 55.3%ofthenationalaverageand50.4%ofthestatewideaverage.Only43%ofSanBernardinoresidentshavegraduatedhighschool,abarriertoemploymentthatcontributestothecity’sunemploymentrateofapproximately9%.

ThehousingscenariointheCityofSanBernardinorevealsastarkaffordabilityissueforitsresidents.Acrucialmetricunderliningthischallengeisthe12.9housingcost-to-incomeratio.Thisratioisdevelopedbycomparingthemedianhousingpriceof$440,000,asreportedbyRedfin,tothemedianhouseholdincomeof$33,851fromthe2021AmericanCommunitySurveyData,revealingthatpurchasingamedian-pricedhomeinSanBernardinowouldcostnearlythirteentimesthemedianhouseholdincome.Thispointstotheconsiderableskewof67%ofhouseholdsrentingwithintheProjectArea.TheCity’s2020-2025ConsolidatedPlanrevealsthatlow-incomehouseholdsexperienceasignificantlyhigherburdenbyhousingissuessuchassubstandardhousingconditions,severeovercrowding,andseverecostburden.Furthermore,theCity’sextremelylow-incomehouseholds,where42%aresmallfamiliesoffourmembersorless,furtherstresstheneedforsmaller, one-,two-,orthree-bedroomaffordablehousingunits.

Since2016,theHousingAuthorityoftheCountyofSanBernardino(HACSB)hasworkeddiligentlytoadvancetheArrowheadGroveInclusiveRedevelopmentProject. Atfullbuildout,ArrowheadGrove(formerlyknownasWatermanGardens)willconverta252-unit,40-acrepublichousingsiteintoavibrant,mixed-use,mixed-income,sustainablecommunitywith534newunitsofhousing,commercialspace,anonsiteHeadStartprogram,andanewCommunityCenter. TheproposedArrowheadGroveprojectiswithinHUDQualifiedCensusTract(QCT),6071006401,andissurroundedbyQCTcensustracts.Thisdesignationissupportedbythehighpercentageoflow-incomehouseholdsanddifficultdevelopmentconditions,includinghighlandandconstructioncostsrelativetothearea’smedianincome.Threephasesoftheprojecthavealreadybeencompleted,producing332unitsofhousing.ThevisionforPhaseIVofArrowheadGrove,whenfullyimplementedincollaborationwiththe Page2

Packet Pg.
750

HousingAuthorityoftheCountyofSanBernardino(HACSB),willdevelop92newaffordableunitstargetingincomelevelsat80%oftheAreaMedianIncome(AMI)andbelow. Itwillincludeanewon-siteCommunityCentertoprovidehealthcareandsupportiveservicestoprojectsiteresidentsandthesurroundingcommunity. Indoingso,thisprojectwilladdressHUD’sStrategicPlangoalstosupportunderservedcommunities,advancehousingjustice,reducehomelessness,investinthesuccessofcommunities,increaseproductionofaffordablehousing,andadvancesustainablecommunities.

TheCityofSanBernardino,inpartnershipwithHACSB,requests$5,269,640infundingfromHUD’sPROHousinggrantprogramtosupportthecompletionofArrowheadGrovePhaseIV.

Figure1.ProjectLocationMap
Exhibit B: ThresholdRequirements
● Identifywhichtypeofeligibleapplicantyouarerepresenting.

ThisapplicationhasbeensubmittedbythemunicipalgovernmentoftheCityofSanBernardino,whichisaneligibleentityasdefinedonPage12ofthePROHousinggrantNOFO.

Page3

Packet Pg.
751

PublicParticipation
● ExplainhowtheapplicantfulfilledthePROHousinggrant’spublicparticipationrequirements.Provideadditionalinformationregardinghowthispublicparticipationprocessaccommodatesindividualswithlimitedenglishproficienciesand/ordisabilities.

TheCityofSanBernardinosolicitedpublicparticipationandfeedbackontheapplicationinthresholdlanguagesinEnglishandSpanish.NoticeswerepublishedintheSanBernardinoSun(October3,2023)andElChicanonewspapers(October5,2023)andtheapplicationwaspostedontheCitywebsite:https://www.sbcity.org/wherefeedbackwascollected.ApublichearingwasconductedataregularlyscheduledMayorandCityCouncilin-personmeetingheldonOctober18,2023.ThemeetingprovidedSpanishtranslationandaccommodationsforindividualswithdisabilities.Feedbackreceivedfromthepublicwasassessedandincorporatedasapplicableintothefinaldraftofthegrantapplicationpriortosubmission.

EnvironmentalReview
● DemonstratethattheproposedprojectwillcomplywithallapplicableenvironmentalrequirementssetforthinHUD’sregulationsat24CFRparts50and58,whichimplementthepoliciesoftheNationalEnvironmentalProtectionAct(NEPA)andotherenvironmentalrequirements.

HACSBhasinitiatedtheNEPAreviewprocessforPhaseIVoftheArrowheadGrovedevelopment.NEPAclearanceisexpectedtobecompletedbytheendofOctober2023.TheproposedprojectwillcomplywithallrequirementsoutlinedinHUD’sregulationsrelatedtoenvironmentalreview.

CodeofConduct
● DemonstratecompliancefromtheapplicantandanysubrecipientswithHUD’s“ConductingBusinessinAccordancewithEthicalStandards”requirements.

TheCityofSanBernardinowilldemonstratecompliancewithanupdatedCodeofConductinaccordancewithHUD’s“ConductingBusinessinAccordancewithEthicalStandards”requirementsandrequestanupdatedpostingtotheHUDE-Librarybeforetheapplicationsubmissiondeadline.TheHousingAuthorityoftheCountyofSanBernardino(HACSB)hasacompliantCodeofConductpostedonHUD’sE-Library. CopiesoftheCity’sandHACSB’sCodeofConductareattachedtotheapplication.

CivilRightsLawCompliance
Page4

Packet Pg.
752

● Arethereanyoutstandingcivilrightsmattersthattheapplicantisapartyto?ThiscanincludechargesfromHUDconcerningasystemicviolationoftheFairHousingAct;statusasadefendantinaFairHousingActlawsuit;statusasadefendantinanyotherlawsuitfiledorjoinedbytheDepartmentofJustice,orfiledanamicusbrieforstatementofinterest,allegingapatternorpracticeofsystemicviolationofTitleVIoftheCivilRightsAct;receiptofaletteroffindingsidentifyingsystemicnon-compliancewithTitleVIoftheCivilRightsAct;orreceiptofacausedeterminationfromasubstantiallyequivalentstateorlocalfairhousingagencyconcerningasystemicviolationofprovisionofastateorlocallawprohibitdiscriminationinhousing.Iftherearenone,pleasestateassuchintheproposalnarrative.

TheCityofSanBernardinocurrentlyisnotpartytoanyoutstandingcivilrightsmatters.

Exhibit C: Need
AddressingBarrierstoAffordableHousingProductionandPreservation ● Describeyoureffortssofartoidentify, address,mitigate,orremovebarrierstoaffordablehousingproductionandpreservation.Pleaseaddressthetimeframefortheseefforts;howtheseeffortswereadopted,established,orotherwisemadepermanent;andthemeasurableimpactthusfar. Besuretodescriberecentpolicychangesorcommunityplanningstrategiesthatyouhaveadoptedtoincreasehousingproductionforlow-andmoderate-incomepopulations,aswellasrecentinitiativestopreserveaffordability, increaseaccesstoaffordableaccessiblehousinginhighopportunityareas,andinvestinunderservedcommunities.HUDwillrateapplicantsmorehighlyiftheydemonstratethattheyhavesuccessfullytakenactionstoremovelocalbarrierstoincreasingaffordablehousingproductionandpreservation.

Inthefaceofagrowingaffordablehousingcrisis,citiesacrosstheUnitedStateshavebeengrapplingwiththeformidablechallengeofensuringadequatehousingforallresidents,irrespectiveoftheireconomicstanding.Historically, thecityofSanBernardinohasfaceddauntinghousingandhomelessnesschallenges,exacerbatedbyahighpovertyrateandpaucityofaffordablehousingoptions.

Aglaringindicatorofthehousingaffordabilitychallengeistheprojectarea’shousingcost-to-incomeratioof12.9,revealingadauntingscenariowhereacquiringamedian-pricedhomeinSanBernardinowouldentailnearlythirteentimesthemedianhouseholdincome.Thisalarmingmetrichasledtoupwardsof67%ofhouseholdsreportingtorentingwithhomeownershipincreasinglyoutofreach.Low-incomeandextremelylow-incomehouseholdsbearasignificantlyhigherhousingburden,includingsubstandardhousingconditions,severe Page5

Packet Pg.
753

overcrowding,andseverecostburden.Despiteovercrowdingandmultiplefamiliessharingasingleresidence,nearly27%ofincomeisspentonhousing,accordingtotheU.S.DepartmentofTransportation’sEquitableTransportationCommunity(ETC)Explorertool.Asacounty, SanBernardinohasseenupwardsofa25%increaseintheir2023PointinTimecountcomparedto2022.

Amicrocosmofthisnationwideissue,SanBernardinohastakensignificantstridesfrom2021to2023toaddressbarrierstoaffordablehousingproductionandpreservationtobetterthelivingconditionsofitslow-andmoderate-incomeresidents.Integratingthe2021-2029HousingElementintothecity’sGeneralPlanhasbeenapivotalstep.ThisactionalignswithCalifornia’sHousingElementLaw, whichmandateslocalgovernmentstoadequatelyplanforthehousingneedsofeveryoneintheircommunity. OnAugust29,2023,GovernorGavinNewsomandAttorneyGeneralRobBontareachedasettlementwiththecityregardingitscompliancewiththeHousingElementLaw. Underthissettlement,thecityisrequiredtoadoptanexpeditedcomplianthousingplanbyFebruary7,2024,modernizeitszoningcodebyApril17,2024,amendtheemergencyshelterordinancetoeasethepermittingprocessfornewhomelessshelters,andadjustthelocaldensitybonusordinancetoencourageprojectstoincorporateaffordabledwellingunits.Additionally, thecityagreedtoincreasehousingconstructionundertheprovisionsoftheHousingElementLaw.

SignificanteffortshavebeenrecentlyundertakentocombathomelessnesswiththeDeclarationofaHomelessStateofEmergencyinFebruary2023.ThisDeclarationoutlinesatwo-prongedstrategytoaddresshomelessnessinthecommunityby:1)creatingadedicatedHomelessOutreachTeamand2)aggressivelypursuingtheconstructionofanewHomelessNavigationCenter, whichwillcreate200newbedsatalow-barrier, non-congregatefacility. TheHomelessOutreachTeamwasformallylaunchedinJune2023inpartnershipwithHopetheMission.Additionally, theCityrecentlyapprovedanewcontractwithalocalhoteloperatortoprovide125roomsforinterimhousing.Whiletheseactionswillgreatlyenhancethecity’sresponsibilitytorespondtothelocalhomelessnesscrisis,thereisanotedlackofaffordablehousingstocktoserveSanBernardino’spopulationsufficiently.

Additionally, onApril5,2023,theSanBernardinoCouncilofGovernments(SBCOG)BoardofDirectorsauthorizedstaff tobegintheprocessofestablishingtheSanBernardinoRegionalHousingTrust(SBRHT),includingtheestablishmentofanewJointPowersAuthority(JPA).TheSBRHTisinitiatedasaconcertedefforttopoolresourcestosupportthecreationofaffordablehousing.In2022,SBCOGcollaboratedwithaTechnicalAdvisoryCommitteetoconductresearch,analysis,andoutreachtoinformthestructure,strategicplan,andwhitepaperfortheSBRHT. Currently, SBCOGstaff issettobeginworkingwithaHousingTrustAdHocCommitteetodeveloprecommendationsregardingpolicydecisionsfortheSBRHT, offeringtheopportunityfortheCitytojointheregionalhousingtrustfundJPAbyadoptingaresolutionatthelocallevel.

Page6

Packet Pg.
754

InMay2023,RepresentativePeteAgularannounced$4millioninfederalfundssecuredtosupportsustainableaffordablehousingandsupportiveservicesinSanBernardino.Allocationsofnoteinclude$1millionfortheSustainableCommunitiesCatalystProjecttotransformvacantlotsintoenergy-efficienthomesforlow-to-moderate-incomefamiliesand$3millionforestablishingtheCommunityResourceCenterattheArrowheadGrovehousingsitetoenhanceaccesstoessentialsupportiveservicesforresidents.

Theseendeavorselucidateafocusedapproachtowardmitigatingthehousingchallengesprevalentinthecity. Astheseinitiativescontinuetomatureandevolve,significantimpactswillbemadeinoneofthemostdisadvantagedcommunitiesinthestate- ultimatelycontributingtoamoreequitableandsustainableurbanlivingenvironment.

AcuteDemandforAffordableHousing
● Doyouhaveacutedemandforaffordablehousing?Whatareyourremainingaffordablehousingneedsandhowdoyouknow? TheCityofSanBernardinofacesanacutedemandforaffordablehousing,acrisismirroredinthenumbersandfurtherreinforcedbystatemandatestotacklehousingissues.Theglaringrealitiesofthisneedarerootedinthesignificantaffordabilitygapthecity’sresidentsface.Thehousingcostburdenisvitaltoascertaintheextentofhousingaffordabilitychallenges.AccordingtotheCity’s2020-2025ConsolidatedPlan,thehousingcostburdenisthemostpronouncedhousingissueconfrontedbybothrentersandhomeownersinSanBernardino.Adisconcerting20%ofthe57,580householdsinthecitygrapplewithaseverecostburden,allocatingmorethanhalfoftheirmonthlyearningstowardshousingexpenses.Another16%ofthesehouseholdsdedicateover30%oftheirmonthlyearningstohousingcosts.

Tocontextualizethisdemand,theCaliforniaRegionalHousingNeedsAssessment(RHNA),astate-mandatedprocess,determinesthevolumeofhousingthateachlocalgovernmentshouldplanforintheiradoptedhousingelements.Thisprocessensuresthateverycityshoulderstheonusofaddressingtheextanthousingneedsofitspopulaceanditsproportionateshareofprojectedgrowth.InSanBernardino,theSouthernCaliforniaAssociationofGovernments(SCAG)allocated8,123housingunitsforthe6thRHNAcyclespanning2021-2029.Significantly, outoftheseunits,2,512units,whichconstituteapproximately31%ofthetotalallocation,areintendedtobeaffordableforlow-incomeresidents,thoseearning80%orbelowtheAreaMedianIncome.

Whilethecityhasbeenassignedaclearquantitativegoalforaffordablehousingprovision,thetangibledemandreflectsasubstantialneed,informedbythehousingcostburdenexperiencedbyasignificantportionofthecity’shouseholds.Thesehousingdemandsecholow-andmoderate-incomefamilies'hardships,desperatelyneedinganinterventiontoalleviatethe Page7

Packet Pg.
755

prevailinghousingcostburdens.Thehighhousingcost-to-incomeratiodiscussedearlierfurthersupportsthecity’sexigentneedforaffordablehousingsolutions. ● DoestheproposaladdressaprioritygeographythathasanaffordablehousingneedasidentifiedbyoneofthreeHUDmetrics:HousingAffordability, HousingProblems,andOffpaceAffordableHousingDevelopment.

TheCityofSanBernardinohasbeenidentifiedasaprioritygeographyunderthePROHousingprogram’sHousingProblemsFactor(HPF).ThetablebelowillustratesthattheHPFforSanBernardinoexceedsthenationalthreshold,emphasizingthelocalseverityofhousingissuescomparedtonationalstandards.

SanBernardinoHPF HPFNationalThreshold HPFStateThreshold0.448263 0.428937 0.588235 ● ProvidelocalknowledgethatisnotalreadycapturedbyHUD’smeasures.Topicsthatmayindicateacutedemandforaffordablehousingincludedisplacementpressures,housingstockcondition,ageofhousingstock,homelessness,ratioofmedianhomepricetoareamedianincome,andmore.

ThehousingscenarioinSanBernardinoillustratesamulti-dimensionalcrisischaracterizedbydisplacementpressures,subparhousingstockcondition,aginginfrastructure,escalatinghomelessness,andaconspicuousdisparitybetweenmedianhomepricesandareamedianincome.ReferencedintheCity’s2020-2025ConsolidatedActionPlan,eachofthesefacetsaccentuatesthecity’sgrapplingissueoftheurgentdemandforaffordablehousing.

ThesparseavailabilityofaffordablehousingforLowandMiddle-Income(LMI)households,particularlythosewithextremelylowandverylowincomes,incubatestherealityofresidentdisplacementpressures.Theincidenceofindividualsandfamiliesresortingtosubstandardlivingconditionsbecoercedintorelocationincreaseswhenhousingaffordabilityislacking.Thesepredicamentsembodythedisplacementpressuresengenderedbythecity’shousingaffordabilitycrisis.TheCity's2020-2025ConsolidatedActionPlanhighlightsapressingneedfortherehabilitationoftheexistinghousingstockasmuchoftheexistinghousinginfrastructuredoesnotmeettherequisitestandards.Therehabilitationneedechoesthedeteriorationandagingofthecurrenthousingstock,markingadireneed.SanBernardinoholdsaseverelyaginghousingstockwherethehighestshareofSanBernardino’shousingunitswasbuiltin1950–1959,whilesurroundingregionsofSouthernCaliforniawerebuiltduring1970-1979thananyotherperiod.

Theaginghousingstockdovetailswithescalatingmaintenancecosts,accessibilityissues,orefficiencystandards,therebyaddingtothesituation.

Page8

Packet Pg.
756

Thecityfacesapalpablethreatofacontinueduptickinhomelessnessamongextremelylow-incomehouseholdsandthosesubsistingbelowthepovertythreshold.Housingtribulationssuchascostburden,overcrowding,anddeterioratinghousingconditionsareidentifiedinthePlanasprecursorstohomelessness.InSanBernardino,2,853owner-occupiedand6,270renter-occupiedhouseholdshadmorethan1.0occupantsperroom,whichmeetstheACSdefinitionforovercrowding.724owner-occupiedhouseholdsand2,142renter-occupiedhouseholdshadmorethan1.5occupantsperroom,whichmeetstheACSdefinitionforsevereovercrowding.Thislinkageunderscoresadominoeffectwherethedeficiencyinaffordablehousingescalatestheriskofhomelessness.

Additionally, analarmingdiscordisunveiledbetweenthemedianhomepricesandtheareamedianincome,ashighlightedinthePlan.Despitethecity'smedianincometrailingthenationalaveragebyapproximately$16,000,thecostoflivingexhibitsanupwardtrend.Whenthemedianhomepricevastlyexceedsthereachofamedian-incomehousehold,it'saclearsignofahousingmarketthat'soutofreachformanyresidents.Thereportedratioof12.9,wherethemedianhomepriceisnearlythirteentimesthemedianhouseholdincomeintheprojectarea,vividlyhighlightsthegravityofaffordabilityissuesthecityfaces.

Collectively, theseelementssketchapoignantpictureofthehousingchallengesthatSanBernardinoconfronts.Thesynergyofaffordablehousingscarcity, decrepitandaginghousingstock,coupledwiththeloomingmenaceofexacerbatedhomelessness,aggravatesthedemandforaffordablehousing.

KeyBarriers
● Whatkeybarriersstillexistandneedtobeaddressedtoproduceandpreservemoreaffordableandaccessiblehousing?Pleasedescribeindetailtheleadingbarrierstoaffordablehousingproductionandpreservationinyourjurisdiction(s).Acompleteresponsewillidentifywhytheidentifiedbarriersarekeybarriers.

BarrierstoproducingandpreservingaffordablehousinginSanBernardinoaremultifacetedanddeeplyrootedinhistorical,financial,andlegislativechallengesthathavepersistedovertheyears.AsemphasizedinthesettlementbetweenCaliforniaandtheCityofSanBernardino,localregulations,particularlythecity’szoningcode,havehistoricallyinhibitedhousingproduction.Restrictivelocalzoningcodesandlandusepoliciesstiflehousingdevelopment,especiallyforaffordablehousingprojects- typicallyleadingtohigherdensitiesorrequiringspecificlandusetypestobeeconomicallyviable.Thecity’scomplianthousingelementwillhelpmitigatethesehistoricalbarrierstoensureappropriatelyzonedlandisavailabletomeethousingproductiontargetssetbytheRHNA.

Theescalatingconstructioncosts,amplifiedbyinflation,havemadethefinanciallandscapeforaffordablehousingincreasinglyprecarious.Thoughfinancingmechanismsexist,developinga Page9

Packet Pg.
757

successfulcapitalstackrequiresbraidingmultiplefundingsources- federalprogramslikeNSPandHOME,statediscretionaryfunding,low-incometaxcredits,privateloans,andotherstreamswherethedemandfortheseresourcesvastlyexceedstheiravailability. ThisimbalancehascausedhousingprojectstostallinSanBernardinoduetoinadequatefunding.

Thefiscalchallengesfacedbythecityhavehadprofoundimplicationsforitsabilitytoaddresshousingshortages.Thebankruptcydeclarationin2012,resultingfroma$55milliondeficitandadebtexceeding$1billion,severelyrestrictedthecity’sfiscalmaneuverability. In2017,thecitywasabletoresumepaymentsondebtobligations;however, thetoughdecisionsmadepost-bankruptcy, includingtheoutsourcingoffireservicesthatcontinuetosubstantiallyconsumethecity’spropertytaxrevenues,furtherdiminishitsfinancialcapability. Emergingfromthisbankruptcyonlyin2022,thecity, whichhashistoricallybeenunderstaffed,findsitchallengingtoproactivelyaddressitsburgeoningaffordablehousingproblem.

Despitebuddingefforts,agapingvoidremainsinthecapitalneededtojump-startandsustainaffordablehousingprojects.Theamalgamationofrestrictivezoningpractices,theintricateandcompetitivefinancinglandscape,thecity’srecentfiscaladversity, andthescarcityoflocalresourcescollectivelyformaformidablebarriertoaffordablehousinginSanBernardino.

Exhibit D: Soundnessof Approach
ProjectVision
● Describeyourproposedactivitiesandwhytheyareappropriate,givenidentifiedNeedandapplicantCapacity.

TheproposedactivitiesoftheArrowheadGroveprojectaredevelopedfromawell-documentedneedforaffordablehousinginSanBernardino,underscoredbyfiscalchallengeshinderinghousingproduction.Theessenceoftheprojectliesinitsphaseddevelopment,focusingonincreasingthehousingstockthatwillhelpboostthecommunityitserves.

Thechiefobjectiveistheincorporationof92newaffordablehousingunitsunderPhaseIV, withanadditional120-unitmixed-usedevelopmentintheplanningpipelinewithinthesameprojectarea.Thiscomesontheheelsofsuccessfulcompletionofearlierphases,whichhavecumulativelyadded322housingunits.Unlikeotherendeavors,thesteadfastprogressofArrowheadGroveexemplifiestheeffectivenessoftheoperationalcapacityandcollaborativeframeworkbetweentheCity, County, andtheHousingAuthorityoftheCountyofSanBernardino(HACSB) Overthepastsevenyears,theHACSBhasdiligentlyworkedtowardtheArrowheadGroveInclusiveRedevelopmentProject,whichisspunoutoftheredevelopmentoftheformerpublichousingsite,WatermanGardens.ThefocusonPhaseIVresonateswiththeneedforfunding Page10

Packet Pg.
758

support,anaspectthathashistoricallyhinderedhousingprojectsintheregion,exacerbatedbytheCOVID-19pandemicandtheensuingperiodofprolongedinflation.TheArrowheadGroveproject’smomentum,evenamidstexternaladversities,isdemonstrativeofaresilientandcapableadministrativeframework.Additionally, thesynergisticrelationshipamongthekeystakeholdersshowcasesamaturedoperationalcapacitytonavigatethroughfinancial,regulatory, andlogisticalbarriers,readytodeploytheproposedactivitieseffectively.

Figure2.SiteDevelopmentMap
Theproject’sphasedstrategy, coupledwithdiversifieddevelopmentencompassingmixed-usestructuresandcommunitycenters,respondsadeptlytotheidentifiedhousingneedandcommittedoperationalcapacity. ImplementingaCommunityCenterwithintheprojectwillprovideahubforcommunityinteraction,education,andserviceprovision.Thisproject’scontinuedprogresswillhelptoaddressthecommunity’saffordablehousingshortagebycreatingnewunitsservingresidentsat80%oftheaverageAreaMedianIncome(AMI)orbelow. ● HowwillyourproposaladdresskeybarrierstoaffordablehousingproductionandpreservationidentifiedintheNeedsection? Page11

Packet Pg.
759

TheArrowheadGroveprojecttakesastrategicapproachtonavigatethekeybarrierstoaffordablehousingproductionandpreservationidentifiedinSanBernardino.Oneoftheprimaryobstacleshasbeenthelackoffinancingforaffordablehousingprojects.AnawardedproposalcircumnavigatesthefundinghurdleandenablesthedevelopmentofPhaseIVbyadding92newaffordablehousingunits.

Additionally, theproject’sstrategicfocusoncreatingahigh-opportunityareawithintheunderservedcommunityaddressesthebroadersocio-economicbarriersimpedinghousingaccessibility. Integratingessentialcommunityinfrastructuresuchastheon-siteCommunityCentercontributestoanenrichedlivingenvironmentandexpandedopportunitiesfortheresidents.Moreover, thephasedapproachtodevelopmentforgesapragmaticstrategytosustainhousingproductionamidstfinancialuncertainties.Eachcompletedphasebringsnewaffordablehousingunitstofruitionandprogressivelydemonstratesthepotentialforovercomingthemultifacetedfinancialhurdlesthathavehistoricallystalledhousingprojectsinthecity.

Thecity’sproactiveengagementtoaddressrestrictivehousingdevelopmentpoliciespavesthewayforabetteralignmentwiththeRegionalHousingNeedsAssessment(RHNA)targets,relievingthehistoricallyregulatoryinhibitions.Amidstescalatingconstructioncostsandacompetitivefinancinglandscape,theprojectoutlinesaviableblueprintforaffordablehousinginacityrecoveringfromachallengingeconomichistorymarkedbydebilitatingbankruptcyandongoingfiscalconstraints.ThecollaborativeeffortamongtheHousingAuthorityoftheCountyofSanBernardino,theCityofSanBernardino,andotherkeystakeholdersenhancestheArrowheadGroveproject’sresiliencetoexternalchallengeswhileconcurrentlycreatingaconduciveenvironmentforsimilarcollaborativehousingendeavorsinthefuture ● Discusshowyourproposalalignswithexistingplanninginitiatives,services,andothercommunityassets.

TheArrowheadGroveprojectdovetailswithexistingplanninginitiativesthatcomplementandadvancetheconcertedeffortstorectifythehousingaffordabilitychallengesinSanBernardino.Theproject’sinception,rootedintheCity’sGeneralPlandevelopment,alignswithbroaderurbanplanningandcommunitydevelopmentagendas.TheWaterman+BaselineNeighborhoodSpecificPlanrepresentsthecity’svisionofa“completecommunity,”reflectingasymbioticrelationshipbetweentheprojectandthecity’slargergoals.

TheWaterman+BaselineNeighborhoodSpecificPlanenvisionsawell-roundedcommunityinfrastructurecomprisingaffordablehousing,educationalfacilities,recreationalspaces,employmentopportunities,multimodaltransportation,andlocalcommercialoutlets.TheArrowheadGroveprojectembodiesthisvision,particularlyemphasizingaffordablehousing.Theproject’sfocusonaddingtheseaffordablehousingunitssignificantlycontributestowardsreducingthehousingcostburdencurrentlyafflictingaconsiderableportionofSanBernardino’spopulace.

Page12

Packet Pg.
760

Thestate’shousingmandates,particularlyasdelineatedbytheRHNA,emphasizethecriticalneedtoaddresshousingaffordability. TheallocationbytheSCAGsetsaclearquantitativegoalforSanBernardino,withanotableemphasisoncateringtolow-incomeresidents.TheArrowheadGroveprojectdirectlyrespondstothismandate,thusplayingacrucialroleinhelpingthecitymeetitsRHNAobligations.Theproject’salignmentwiththecity’s2020-2025ConsolidatedPlanaccentuatesitsroleincontributingtohousingaffordabilitysolutionstohelpalleviatethealarmingstatisticsregardinghousingcostburdensinSanBernardino.

CommunityResources
Transit: TheArrowheadGroveprojectsiteisservedbytwobusstopsthatreceiveservicefromOmniTrans,theregionaltransitserviceprovidedforSanBernardinoCounty. Omnitransbusroutes1,3,and4operatethroughtheprojectarea.OmnitransRoute1hasanorthboundbusstopintheprojectareaonWatermanAvenuenorthofOliveStreet,adjacenttotheplannednewcommunitycenter. Route1currentlyoperatesevery20minutesduringpeakhoursonweekdays,every30minutesduringoff-peakhoursonweekdays,every30minutesduringpeakhoursonweekends,andevery50minutesduringoff-peakhoursonweekends.Routes3and4currentlyoperateevery20minutesalldayonweekdaysandevery25minutesalldayonSaturdaysandSundays.Aspartoftheredevelopment,HACSBisworkingwithOmniTranstoimprovethebusstopsdirectlyservingtheprojectsite.Currently, therearenosheltersatthesestops–whichwillbeaddressedaspartofthisproject.

Education: ThereisaHeadStartpreschoolprogramsitelocatedatArrowheadGrove,andE.NealRobertsElementarySchoolislocatedontheblockdirectlysouthofArrowheadGrove–makingthelocationidealforlow-incomefamilieswithyoungchildren.

Employment: Tothesouthoftheprojectsite,thereisanindustrialareacharacterizedbyahighconcentrationofautomotivepartsandrepairbusinesses.

Recreation: TheSeccombeLakeRecreationArea,a44-acrepark,isashortdriveawayfromArrowheadGrove.

CommunityCenter: ThevisionforArrowheadGroveincludesthesubsequentcompletionofanewCommunityCenterfacilitythatwillserveresidentsattheprojectsiteandinthesurroundingcommunity. ThisCommunityCenterwillleaseofficespacetononprofitorganizationstoprovideco-locatedservicesforlow-incomeresidents.DignityHealth,amajorhealthcareproviderinCalifornia,planstoleasethewestwingofthebuildingtoopenanewFederallyQualifiedHealthCenter(FQHC).Preliminaryplansalsoincludethecreationofacommunitykitchenandcommunitygardenstoaddressfoodinsecurityinthearea.

Page13

Packet Pg.
761

GeographicLocation
● Explainyourproposal’santicipatedeffectsontargetedlocations,neighborhoods,cities,orothergeographies.Describehowyourproposalpreservesandcreateshousingunitsinhigh-opportunityareasandexpandsopportunityinunderservedcommunities.

TheArrowheadGroveprojectwillserveresidentsinoneofthemostdisadvantagedneighborhoodsintheCityofSanBernardino.Citywide,themedianincomeisapproximately$55,372,with20.9%ofresidentslivingbelowthefederalpovertyline.Incomparison,thepovertyratewithintheSpecificPlanAreaisapproximately33.9%,withamedianincomeof$33,851(2021AmericanCommunitySurveydata).Thisneighborhoodsuffersfromhighlevelsofdeepandchronicpoverty.

AccordingtodatapresentedintheSpecificPlan,67%ofhouseholdswithintheProjectAreaarerentersversus49%citywide.Thesecensustractsscore,onaverage,inthe82ndpercentileinCalEnviroScreen4.0’sHousingBurdenrankings.Livingconditionsarepoorandhighrentburdenscontributetotheovercrowdingofhouseholds.Lowlevelsofautomobileaccesscreatetransitdependenciesandmakeitdifficultforresidentstoaccessemployment,education,andotheressentialservices.Seventypercent(70%)ofresidentsintheProjectAreaareHispanic,13.8%areAfricanAmerican,58.7%liveinhouseholdswheretheprimarylanguageisnotEnglish,and24.4%ofresidentsareforeign-born.

ArrowheadGroveisenvisionedasatransformativeprojectthatwillsubstantiallychangeanotablydisadvantagedneighborhood.Thisprojectisanintegralcomponentofthecity’slargerrevitalizationeffortsoutlinedintheWaterman+BaselineSpecificPlantointegratetheprovisionofaffordablehousingwithbroadercommunityamenities.Itparticularlytargetsaneighborhoodenduringpronouncedeconomicdisparity, wherethemedianincomesignificantlylagsthecitywidemedian,andhousinginadequacyexacerbateslivingconditions.Theenvisioned92newaffordableunitsinPhaseIV, coupledwithaplanned120-unitmixed-usedevelopment,aspiretoaddressthehousingshortfallwhilecreatingapathwayforenhancedcommunityinteractionwiththeadditionofanonsiteCommunityCenter.

ThestrategicplacementoftheArrowheadGroveprojectwithinthisareawillexpandopportunitiesthathavelongremainedelusiveformanyresidents.TheproximitytoK-12schoolfacilities,parkrecreationalspaces,andpotentialemploymentvenuesoutlinesawraparoundapproachthatamplifiestheproject'simpacttowardselevatinglivingstandardsandopportunitiesfortheresidents.

Moreover, thelong-termcollaborationbetweentheHousingAuthorityoftheCountyofSanBernardinoandtheCityofSanBernardinoformsaunifiedcommitmenttopreserveandcreatehousingunitsthroughsteadyprogresstoexpandopportunitiesandhelpunderservedcommunitiesovercomehousingbarriers.

Page14

Packet Pg.
762

StakeholderEngagement
● Describeyourkeystakeholdersandhowyouconductedoutreachindevelopingthisproposal.Pleasealsodescribeyourstrategyforcontinuedoutreachduringthegrant’speriodofperformance.

DevelopmentoftheWaterman+BaselineSpecificPlanincorporatedrobuststakeholderengagement,whichincludeda5-personSteeringCommittee,a14-memberLeadershipCouncil,and36community-basedorganizationsandcoalitions.ThiscommitteeevolvedintotheNeighborhoodTransformationCollaborative,ledbytheMakingHopeHappenFoundation.Thiscommitteecomprisedlocalandregionalanchorinstitutions,suchastheHousingAuthority, theCityofSanBernardino,DignityHealth,andLomaLindaUniversityHealth.ItprovidedtechnicalassistancetotheCityinsupportofthespecificplan.Otherparticipatingcommunity-basedorganizationsincludedElSolNeighborhoodEducationalCenter(ESNEC),NeighborhoodHousingServicesoftheInlandEmpire(NHSIE),GridAlternatives,andtheArrowheadUnitedWay, amongstothers.

Toensureinclusion,residentsactivelyparticipatedintheplanningprocessthroughevents,meetings,andworkshopsledbyLomaLindaUniversitySchoolofPublicHealthandtheLatinoHealthCollaborative.ResidentswereidentifiedandinvitedbylocalCBOsandanchorinstitutionsdirectlyservingtheneighborhood.SinceadoptingtheWaterman+BaselineSpecificPlan,committeemembershavecontinuedtomeetandcollaborateonvariousprojectstoadvancetherecommendationscontainedinthePlan.

AspartofrecenteffortstosecurestatefundingtosupporttheArrowheadGroveproject,HACSBhasworkedtodevelopaCollaborativeStakeholderStructurethatwillprovideongoingfeedbackduringtheproject’sdesignandconstructionphases. ● Describethespecificactionsyouhavetakentosolicitinputfromandcollaboratewithstakeholdersindevelopingthisapplication,includinghowinputfromstakeholdersandcommunitymembershasshapedyourproposal.Inparticular, describeinputfromthehousingindustryinyourarea,includingaffordablehousingdevelopers,builders/generalcontractors,andunionsaswellaspersonsinneedofaffordablehousing.

Thedevelopmentofthisprojectproposalhasbeenacollaborativeendeavorinvolvingmultiplestakeholderstoensurethattheactionsandstrategiesoutlinedareresponsivetotheactualneedsandprioritiesofthecommunityconcerningaffordablehousing.Centraltothiscollaborativeapproachwasintegratinginputsfromvariousstakeholdersthroughstructuredcommunityengagementinitiatives.

Page15

Packet Pg.
763

Primarily, thegroundworkforstakeholderinvolvementwaslaidthroughpreviousplanningefforts,particularlyviathedevelopmentoftheWaterman+BaselineNeighborhoodSpecificPlaninthemid-2010s.Theseinitiativescultivatedaplatformforongoingcommunitydialogueandstakeholderengagement,furthercatalyzingthecurrentprojectunderdiscussion.ThroughmonthlyoutreachmeetingsandcollaborationsspearheadedbytheMakingHopeHappenFoundationundertheUpliftSanBernardinoproject,abroadspectrumofcommunitymembers,organizations,andotherstakeholderswerebroughttogethertodeliberateonaffordablehousing.Thefeedbackandsuggestionsfromtheseengagementswereinstrumentalinshapingtheprojectproposal,aligningitcloselywithcommunityaspirationsandtheoverarchinggoalsoutlinedintheWaterman+BaselineNeighborhoodSpecificPlan.

Specificinputfromthehousingindustrywithintheprojectareawassoughttoensuretheproposalisgroundedinpracticalandexecutablestrategies.Currentengagementwithaffordablehousingdevelopersandbuilders/generalcontractorshasprovidedcriticalinsightsintothechallengesandopportunitiespresentinthecurrenthousingmarketinSanBernardino.Thesestakeholdersofferedinvaluableexpertiseonhousingdevelopment'sfinancial,regulatory, andoperationalaspectstoensureawell-informedandthoughtfulapplication. ● Describehowyouincorporatedinputfromstakeholdersintoyourproposal.

IncorporatingstakeholderinputhasbeenpivotalinformulatingtheproposalfortheCityofSanBernardino.Engagingwithdiversestakeholdersprovidedamultifacetedunderstandingofthehousingchallengeswithinthecity, facilitatingamoretargetedandeffectiveproposal.Initially,thegroundworklaidbytheWaterman+BaselineNeighborhoodSpecificPlanservedasaconduitforchannelingstakeholderinsightsintothisproposal.Thesynthesizedinsightsfromthepriorengagementswerethenmeticulouslyincorporatedintotheplanningofthisproject,ensuringthateachstrategyoutlinedresonateswiththecollectiveinputfromthestakeholdersinvolved.Thiscollaborationenrichedtheproposalandaligneditcloselywiththecommunity'svisionandtheoverarchinggoalofforminga“completecommunity”asenvisionedintheWaterman+BaselineNeighborhoodSpecificPlan.Theactivitiesproposedinthisapplicationrepresenttheinputfromlong-termworkingrelationshipsthatwerebuiltovertimebetweenorganizationsthathaveavestedinterestintheredevelopmentofthiscommunityandthesurroundingarea. ● Describeyourstrategiestoencouragepublicparticipation,buildsupport,andengagecommunitymembers,includingthosemostlikelytobenefitfromyourproposedactivity.

ThestrategiestoencouragepublicparticipationandbuildsupportfortheArrowheadGroveprojecthavetheirfoundationinpreviouscommunityengagementefforts.Leveragingthegroundworklaidbythecity'sGeneralPlandevelopmentandtheWaterman+BaselineNeighborhoodSpecificPlan,theapproachtopublicinvolvementisdesignedtobeinclusiveand Page16

Packet Pg.
764

ongoing.Monthlyoutreachmeetings,facilitatedbyprojectpartners,havebeenacrucialcomponent,providingaforumforcommunitymembersandorganizationstosharetheirperspectivesandconcerns.Thesemeetingsarepartofalargertraditionofcommunityoutreachthathasbeenongoingforoveradecade.TheArrowheadGroveprojecttookshapethroughthiscontinuouscommunitystakeholderoutreachaspartofthedevelopmentoftheWaterman+BaselineSpecificPlan,wheretheprioritiesidentifiedthroughthisprocesshavebeenguidingthecityandHACSB'splanningeffortsandareincorporatedintotheproject.

TheUpliftSanBernardinoproject,spearheadedbytheMakingHopeHappenFoundation,hasbeenattheforefrontofcommunityengagement,buildingonpastinitiativeslikethePromiseZoneCollaborativeandtheNeighborhoodTransformationCollaborative.Thiscollectiveefforthasbeenvitalinbringingtogetherlocalinstitutions,communitymembers,andnonprofitorganizationstofocusonkeyareassuchashousing,entrepreneurship,andsustainablecareers.

UndertheguidanceoftheMakingHopeHappenFoundation,thecommunityoutreachplanforthisprojectaimstoseamlesslyintegratewithexistingefforts.Theproposedactivitiesalignwiththegoalsdevelopedthroughcommunityinput,particularlywithinworkinggroupsthatsupportedtheWaterman+BaselineNeighborhoodSpecificPlanandwillcontinuetoseekthecommunity’sinputthroughouteachdevelopmentphase.

AffirmativelyFurtheringFairHousing
● Describeyourplanstoremovebarrierstothedevelopmentofaffordablehousinginwell-resourcedareasofopportunity. Howwillyourproposalincreaseaccessforunderservedgroupstotheseareas?Whatistheracialcompositionofthepersonsorhouseholdswhoareexpectedtobenefitfromyourproposedgrantactivities? OneofthepivotalelementsofthisproposalisthestrategicpartnershipbetweentheCityofSanBernardinoandHACSB.Thisalliance,furtherenrichedbytheengagementoflocalnonprofits,housingdevelopers,andgovernmentalagencies,isdesignedtopoolresources,expertise,andnetworkstoaddressthesystemicbarrierstoaffordablehousing,suchasregulatoryhurdlesandfundingscarcities.

Communityengagementandinclusiveplanninglieattheheartofthisproposal.Byinvolvingthecommunityinthedecision-makingprocesses,theprojectensuresthatthehousingsolutionsdevelopedaretailoredtomeettheactualneedsoftheunderservedpopulations.Thisinclusiveplanningapproachprovidesaplatformforaddressingcommunityconcernsandincorporatingdiverseperspectives,essentialforovercomingsocietalbarrierslikeNIMBYism(NotInMyBackyardsyndrome)toaffordablehousingdevelopment.

TargeteddevelopmentwithintheArrowheadGroveprojectwillincreasethesupplyofaffordablehousingunitsinavibrant,mixed-use,mixed-incomecommunity. Thisaddressestheunique Page17

Packet Pg.
765

housingneedsofdifferentdemographicsegmentswithinSanBernardino.Thecreationofsmaller, one-,two-,orthree-bedroomunitsisadirectresponsetothespecificdemandsofthecity’sextremelylow-incomehouseholds,whichmostlycomprisesmallfamiliesandadiverseracialcompositionwithsignificantproportionsbeingHispanicorLatino,BlackorAfricanAmerican,andotherminoritygroups.Themixed-incomecommunityenvisionedwithintheArrowheadGroveprojectthatincludesaccesstoaCommunityResourceCenterwilladvancehousingjusticeandinclusivity, catalyzingracialandeconomicintegration.Itpromotesamoreequitabledistributionofhousingopportunitiesacrossdifferentracialandsocioeconomicstrata,thusstandingasawell-roundedstrategytocombathousingaffordabilityissues. ● Describeyourplanstoremovebarriersimpedingthedevelopmentofaffordablehousingthatwouldpromotedesegregation.Whatpoliciesorpracticesperpetuatesegregationandhowwillyourproposaladdressthem? AddressingthebarrierstoaffordablehousingdevelopmentthatpromotesdesegregationinSanBernardinonecessitatesanuancedandmultilayeredapproachtotacklingexistingsystemicchallengeswhilecultivatinganenvironmentofinclusivityandequity. Theentrenchedpoliciesandpracticesperpetuatingsegregationarerootedinrestrictivezoninglaws,discriminatoryhousingpolicies,andinadequatefundingforaffordablehousingprojects.Thisproposalispoisedtocounterthesechallengesthroughvarioustargetedstrategies.

First,advocacyandplanningdevelopmentsformixed-useandhigher-densityzoninginwell-resourcedareasarecentraltoenablingaffordablehousingdevelopment.Secondly,combatingmisinformationandNIMBYism(NotInMyBackYardsyndrome)throughstrategiccommunityengagement,educationcampaigns,andopendialoguesisessentialtoshiftpublicopinionandgarnersupportforinclusivehousingdevelopments.Third,headwayhasalreadybeguninthecitytoofferincentivessuchasstreamlinedapprovalprocessesfordevelopersembarkingonaffordablehousingprojectsinwell-resourcedareastoremovebarriersandpromoteinclusivehousing.

Implementingandenforcingfairhousingpoliciestopreventdiscriminationbasedonrace,ethnicity, oreconomicstatusarefundamentalinpromotingdesegregation.Thisinvolvesstringentenforcementagainstdiscriminatoryrenting,selling,orfinancinghousingpractices.StrategicpartnershipswithHACSB,non-profitorganizations,andprivatedevelopersarealsointegraltopoolingresourcesandexpertiseforovercomingdevelopmentbarriers.

Additionally, substantialinvestmentsinunderservedcommunitiestoimproveeducation,healthcare,andemploymentopportunitiesformpartofthewrap-aroundapproachtobridgeracialandeconomicdisparities.ThisisreflectedintheArrowheadGrovevisionofencompassingaCommunityResourceCenterwhereaccesstotheseresourcesiscentrallyplantedinthehousingdevelopment.

Page18

Packet Pg.
766

● Howwillyouensurethatyourproposalwillnotcauseaffordablehousingtobefurtherconcentratedinlow-opportunityareasorinareasthatalreadyhaveampleaffordablehousing?Howwillyourproposalincreasehousingchoicebyexpandingtheneighborhoodsinwhichresidentswhoneedaffordablehousingcanlive? TheArrowheadGroveprojectisaplannedcommunityrentalassistancedemonstration(RAD)projectoftheHousingAuthorityofSanBernardino.TherentalassistancedemonstrationprogramisaprojectofthefederalgovernmentviatheOfficeofHousingandUrbanDevelopment(HUD)specificallydesignedtodeconcentratepoverty. TheRADprogramwascreatedtogivepublichousingauthoritiesapowerfultooltopreserveandimprovepublichousingpropertiesandaddressthenationwideissueofdeterioratingpublichousing.RADalsoallowsownersofHUD"legacy"programpropertiestodevelopprojectsspecificallydesignedtodetertheconcentrationofaffordablehousinginlow-opportunityareasbydevelopingmixedcommunitiessuchastheArrowheadGroveproject.Additionally, thesemixed-usedevelopmentspresentanopportunitytobringamenitiestolow-incomecommunitiesthatwouldnotusuallybeavailable.Incorporatingmixed-incomeresidentialunitswithintheprojectisadeliberatemovetopromotesocioeconomicdiversity, thusdilutingtheconcentrationoflow-incomehouseholdsinasingularlocale. ● Howdoesyourapproachaddresstheuniquehousingneedsofmembersofprotectedclassgroups,includingpersonswithdisabilities,familieswithchildren,andunderservedcommunitiesofcolor? TheArrowheadGroveprojectisanexpressionofSanBernardino’sbroadercommitmenttoequitablehousingandisdesignedtoaddresstheuniquehousingneedsofprotectedclassgroupsthroughanall-encompassingapproachtowardsinclusivityandequalopportunity. AkeyaspectofthisapproachistheadherencetotheAmericanswithDisabilitiesAct(ADA)standardsinthedesignandcreationofaccessibleandadaptablehousingunits,ensuringthefullusabilityofhousingamenitiesbypersonswithdisabilities.Additionally, theprojectenvisionsanon-siteCommunityCentertohousehealthcareandsupportiveservices,offeringanearbyvenueforresidentstoaccessnecessarymedicalandtherapeuticservices.

Familieswithchildrenarealsoafocalpointoftheproject.Thismixed-use,mixed-incomecommunitywillfeatureseventy2to3-bedroomunits(i.e.,two-thirdsoftheproject),willbewithinthreemilesofHeadStartprogramsandelementary, middle,andhighschools,andwillhaveampleopenspaceforyoungchildrentoplay. Asaresult,theprojectwillprovideanenvironmentconducivetotheholisticgrowthanddevelopmentofchildren.Theproject’slocationwithinaHUDQualifiedCensusTract(QCT)createsthepotentialtodirectmoreresourcestowardenhancingeducationalandrecreationalfacilitiesinthearea,poisedtobenefitfamiliessignificantly.

Page19

Packet Pg.
767

GivenSanBernardino'sdiverseracialandethnicfabric,theArrowheadGroveproject'smixed-incomecommunitymodelispivotalinpromotingracialandeconomicintegration.Thismodelchallengesandgraduallydismantlesthehistoricalpatternsofsegregationanddisinvestment,facilitatingamoreinclusivelivingenvironment.Thecommunityengagementprocessesembeddedwithintheproject'sdevelopmentphaseensuretheactiveinvolvementofunderservedcommunitiesofcolor, allowingtheiruniquehousingneedstobearticulatedandintegratedintotheproject'sdesignandexecution. ● Haveyouconsideredtheriskofdisplacementassociatedwithyourproposal?Howwillyouensurethatyourplannedactivitiesdonotleadtothedisplacementofvulnerableresidentsincommunitiesofcolor?Describeanyanti-displacementmeasuresincludedinyourproposal(e.g.,replacementofaffordableunitsfornewconstruction,orrightoffirstrefusalfortenants).

Inaconcertedefforttomitigatetheriskofdisplacement,theHousingAuthorityofSanBernardinohaspartneredwiththeNeighborhoodHousingServicesoftheInlandEmpire(NHSIE)toimplementananti-displacementplanfortheproposedproject.Itwillensureaffordablehousingprovisions,protectionoftenants'rights,andmeasurestomitigategentrification.Theplanwillbesharedwithlocalhousingauthorities,CBOs,andresidentstocollaborateandreceivefeedbackinpreparationforimplementation. ● Howwillyourproposaladdressthehousingneedsofpeoplewithdisabilitiesandincreasetheiraccesstoaccessibleandaffordablehousing?Howwillitsupportindependentlivingwithaccesstosupportiveservicesandtransportationinthecommunity?PleasealsodescribeyourplantoensurecompliancewiththeAmericanswithDisabilitiesAct(ADA)andaccessibilityrequirementsundertheFairHousingAct.

TheArrowheadGrovehousingunitsaredesignedfollowingaccessibilitystandardsoftheADA,ensuringthatindividualswithdisabilitiescanlivecomfortablyandsafely. FurtheradherencetotheFairHousingAct’saccessibilityrequirementsensuresthatthesehousingunitsencompassatrulyinclusiveenvironment.CompliancewithADAandFairHousingActrequirementsisfundamentaltotheproposal’sexecution.Acomprehensivecompliancestrategyisoutlined,encompassingrigorouspre-constructionaccessibilityreviews,continuousmonitoringduringtheconstructionphase,andthoroughpost-constructionauditstoascertaintotalcompliancewithaccessibilitystandards.Additionally, residentswillbeengaged,andafeedbackmechanismwillgatherinvaluableinputregardingtheaccessibilityandusabilityofhousingunitsandcommunityfacilities.Thisfeedbackwillbeinstrumentalinidentifyinganyareasofimprovement,ensuringthatthehousingenvironmentcontinuouslyevolvestomeettheneedsofitsresidents,particularlythosewithdisabilities.

Page20

Packet Pg.
768

Beyondphysicalaccommodation,ArrowheadGroveamelioratesaseverelydisadvantagedareabyencompassingindependentlivingforindividualswithdisabilities.Amainaspectoftheprojectisestablishinganon-siteCommunityCenter, envisionedtoprovideessentialhealthcareandsupportiveservices.Thiscenterwillensureresidentshaveconvenientaccesstonecessaryservices,furtherpromotingself-sufficiencyandindependentliving.Intandemwiththesefacilities,partnershipswithlocalserviceprovidersareproposedtoextendacomprehensivesupportnetworktoresidents,addressingawiderangeofneeds,includingmedical,therapeutic,andsocialservices.Enhancingaccessibletransportationoptionsforindividualswithdisabilitiesisapriority. CollaborationswithlocaltransportationauthoritiesareplannedtoensureaccessibletransportationservicesarereadilyavailablewithincloseproximitytotheArrowheadGrovecommunity. ● Describetheimplementationand/orenforcementplanforyourproposal.Describehowyouwillapproachresistance(e.g.litigation,environmentalreview, designstandards)totheeliminationofyourtargetedbarrier(s).

Theprojectiscurrentlyentitledandhasundergonearatherlengthypublicengagementprocessduringitsentitlementphase.ThepublicengagementprocesshaslentlegitimacytotheArrowheadGroveprojectandhasmotivatedthecollectiveownershipandsharedvisionamongthediversestakeholders.Thecontinuousdialogueandfeedbackloopsembeddedwithintheengagementprocesshaveshapedtheproject’sblueprint,ensuringitresonateswiththecommunity'sneedsandexpectations,particularlyconcerningaffordablehousingandurbanrevitalization.Theremainingstagesoftheprojectwillbenavigatedwiththesamelevelofengagementandopennesscharacterizedbytheentitlementprocess.Thisincludesbeingpreparedtoadeptlymanageanyresistanceorunforeseenchallengesthatmayarisebyleveraginglegalcounsel,maintainingclearcommunicationchannelswithstakeholders,andadheringtoawell-defineddisputeresolutionprotocol. ● Describeanyequity-relatededucationalresources,tools,orpublicinputthathaveinformedyourproposal.

Thisprojectwasshapedandinformedbydialoguewithresidents,localbusinesses,educators,faith-basedorganizations,nonprofits,andgovernmentleadersfrom2010to2016viathecity-ledplanningprocessthattookplaceduringthedevelopmentoftheWaterman+BaselineSpecificPlan.Thesecommunity-informedprioritieswereincorporatedintovariousplanninginitiatives,includingtheSouthernCaliforniaAssociationofGovernments(SCAG)regionalplanningefforts.VariousequityassessmenttoolswereemployedtoanalyzethehousinglandscapeinSanBernardino.Thesetoolsaidedinidentifyingthebarrierstoaffordablehousingandgaugingtheextentofhousinginequitywithindifferentdemographics.Bydoingso,aclearerunderstandingofthelocalhousingdynamicswasattained,which,inturn,informedtheproposal'sstrategicapproachtowardsdismantlingthesebarriers.HACSBsynthesizedthisinformationandthe Page21

Packet Pg.
769

feedbackreceivedfromresidentstoguideitsplanningeffortsandshapetheprojectsandpartnershipsproposed.Thepartnershipsrepresentlong-termworkingrelationshipsthatwerebuiltovertimebetweenorganizationsthathaveavestedinterestintheredevelopmentofthiscommunityandthesurroundingarea. ● Doyouplantoengageandsupportminority-,women-,andveteran-ownedbusinessesduringyourproposedhousingproductionprocess?Doyouhaveadiversityandequityplaninplaceorplantocreateone? TheCityofSanBernardinoiscommittedtoactiveandcomprehensiveSupplierDiversityPrograms(SDPs)thatprovidefairandequitableopportunitiesforsmallanddiverseenterprisestodobusinesswiththeCityandtodevelopingmutuallybeneficialrelationshipswithsmall,minority-owned,women-owned,disadvantaged/disabled,veteranownedandLGBTQTIA+businessenterprises.TheCityhasadedicatedprocurementteamwhohavepartneredwithinternalandexternalstakeholderstoprovideequitableresourcesandopportunitiestoallbusinesses.Inaddition,theCityhashiredaDisadvantagedBusinessEnterprise(DBE)Specialisttofurtherthecommitmentandgrowthtosupplierdiversityandactivelyseekoutcertifieddiversesuppliersthatcanprovidecompetitive,high-qualitygoodsandserviceswhosebusinessmodelisalignedwithCityinitiatives.

TheCityofSanBernardinoisalsointheprocessofdevelopingalong-termstrategicplanthatincludestheexecutionofSDPssotheymaycontinuetobeopenandfluidtoadaptinprovidingtheresourcesandequitableopportunitiestothesmallandminoritybusinesscommunity. ● Describehowyouwillevaluatetheeffectofyourproposalonpromotingdesegregation,expandingequitableaccesstowell-resourcedareasofopportunity, andfurtheringthede-concentrationofaffordablehousing.

TheArrowheadGroveProjectisoneoftheHousingAuthority’spremierrentalassistancedemonstrationprojectsandispartofitsMovingtoWorkplanimplementation.Assuch,ithasastructuredevaluationmechanismtoobserveandmeasureitseffectsconcerningdiversity, equity,andinclusionthroughoutitsimplementationphase.Theevaluationprocessincludescollectingbaselinedataoncurrentsegregationlevels,housingaffordability, andaccesstoresourcesintheprojectareaandsurroundingcommunities.Thiscollectionsetsareferencepointagainstwhichprogressivechangescanbemethodicallymeasured.Astheprojectcontinues,keyindicatorswillbemonitoredandtracked.Theseindicatorsassesstheracialandeconomiccompositionoftenants,levelsofaffordablehousing,andaccesstoessentialresourceslikeeducation,healthcare,andemploymentopportunities.Tocapturethelivedexperiencesofcommunitymembers,regularsurveysandfeedbacksessionswillbeorchestrated.Theseinteractionswillgaugecommunityexperiencesconcerningdesegregation,improvedresourceaccess,andhousingaffordability.Externalevaluatorswillalsoconductimpartialassessmentsoftheproject'simpacts.

Page22

Packet Pg.
770

● Howwillyoutrackyourprogressandevaluatetheeffectivenessofyoureffortstoadvanceracialequityinyourgrantactivities? HACSBtrackstheongoingprogressofitsprojectsandtheireffectivenessviaastrategicpartnershipwithLomaLindaUniversity. AsaHUD-designated“MovingtoWork”agency,measurableimprovementsaremadetothequalityoflifeofthecommunity. TheirequityandinclusioneffortsaresupportedbytherecentlyawardedCaliforniaAccountableCommunitiesforHealthInitiative(CACHI)grant,whereitsgoalsandobjectivesoverlapwiththePROHousingprogram’soverarchingobjectivesrelatedtomeasuringtheimpactsofequityandinclusionefforts.Engagementwithcommunitystakeholders,especiallythosefrommarginalizedandunderservedgroups,isamajorcomponentoftheevaluationprocess.Theirfeedbackandexperienceswillbegatheredthroughsurveys,focusgroups,andcommunitymeetingstogaugethegrassrootsimpactofgrantactivitiesonracialequity. Toobtainperspectivesontheeffectivenessofthegrantactivities,evaluatorswillconductimpartialassessmentsoftheproject’sracialequityoutcomes.Transparentreportingofprogresstowardracialequityobjectiveswillbesharedwithstakeholdersandthewidercommunity. Thesereportswilldetailthefindingsfromtheevaluationactivities.Atthesametime,buildingthecapacityoftheprojectteamandcommunitypartnerstounderstandandaddressracialequityissueswillbeimplementedthroughresource-sharing. ● IftheapplicantproposestousePROHousingfundstofundhousingunits,theapplicantmustdiscusshowthosebenefitswillbeaffirmativelymarketedbroadlythroughoutthelocalareaandnearbyareastoanydemographicgroupsthatwouldbeunlikelyorleastlikelytoapplyabsentsuchefforts.

HACSBwilldevelopanAffirmativeMarketingToolKitaspartoftheproject,whichwillincludethefollowingsteps:

1. IdentifyandReviewTargetPopulationsa. IdentifyNeighborhoodPopulationCharacteristicsb. ReviewMostRecentlyAvailableStudiesofBarrierstoHousingChoice2. DevelopMarketingStrategyandMaterialsa. DevelopAffirmativeMarketingAdsandMessagingb. ConductAffirmativeMarketingAdvertisingandOutreachc. CompletetheAffirmativeMarketingPland. EvaluateBarriersfortheTargetPopulation AffirmativeMarketingactivitieswilltakeplaceforatleast120days,withthefollowingtimingmilestonesincorporatedintotheAffirmativeMarketingPlan:

Page23

Packet Pg.
771

● 150DaysBeforeExpectedCertificateofOccupancy: Informcommunitycontactsandcommunity-basedorganizationstosupportidentifyingprospectivetenantsthatwouldbeotherwiseunlikelytoapply. Thiscommunicationwillincludethedatethatapplicationswillbeacceptedwithdetailsoftheapplicationprocess.● 120DaysBeforeExpectedCertificateofOccupancy: HACSBwillbegincollectingcompletedapplications.● 90DaysBeforeExpectedCertificateofOccupancy: HACSBwillnotifysuccessfulapplicantsandcompletethecertificationprocesswithin2weeksofnotification.

AffirmativeMarketingwillcontinueafterinitialleasesarecompletedandpairedwithallmainstreammarketingefforts. ● IftheapplicantisaCDBG,HOME,ESG,and/orHOPWAgrantee,itmaynotethedateofitsmostrecentcertificationandasummaryoftheactionsreportedinitsmostrecentCAPER.

TheCityisanentitlementjurisdictionthatisaCDBG,HOME,andESGgrantee.PertheCity’sPY2021-2022CAPER,thefollowingsummaryofactionswerereported:

1. PublicHousingEfforts:WorkedthroughtheHousingAuthorityoftheCountyofSanBernardino(HACSB)toadministertheHousingChoiceVoucherProgramtoproviderentalassistancetoeligibleresidents.2. HomeownershipEncouragement:ImplementedanInfillHousingProgramusingHOMEfundstoconstructhousingunitsforsaletoqualifiedlow-incomehomebuyers,assisting2familiesinPY2021-2022.ConductedFirstTimeHomebuyerworkshopsincollaborationwithlocalorganizations.3. PolicyReformforAffordableHousing:InitiatedacomprehensiveDevelopmentCodeupdateandanewGeneralPlantoeliminatelanduseconstraintsandfacilitatehousingandmixed-usedevelopment.Proposedamendmentstoincentivizelotconsolidation,streamlinedevelopmentprocesses,andalignwithstatedensitybonuslaw.4. AddressingUnderservedNeeds:TargetedCDBG,HOME,andESGfundstomeettheneedsoftheunderservedandpartneredwithlocalorganizationstoleverageadditionalresourcesforcommunitydevelopment.5. Lead-BasedPaintHazardMitigation:Implementedtestingandabatementprocedures,monitoredleadpoisoningdata,andeducatedowner-occupantsonleadhazards.6. PovertyReduction:EstablishedaFirstTimeHomebuyerprogramandfundedsubrecipientsundertheESGgranttoprovideessentialservicestoreducepovertylevels.7. InstitutionalStructureDevelopment: Reviewedandrevisedpoliciesandproceduresandcontinuedcoordinationwithcountyagencies,andfor-profitandnon-profitdevelopers,tofacilitateaffordablehousingandserviceprovision.

Page24

Packet Pg.
772

8. EnhancedCoordination:Improvedcommunicationwithnon-profitserviceorganizationsandresidentsthroughNOFAapplications,publicmeetings,andonlinepostingsofessentialdocuments.9. FairHousing:Actedtofurtherfairhousing,addressimpedimentsidentifiedintheAnalysisofImpediments(A.I.)toFairHousingChoice,andimprovefairhousingopportunitiesinthecity. ● IftheapplicantwillcarryoutproposedactivitiesinajurisdictionwithanAFH,describehowtheproposedactivitiesareconsistentwiththeAFH’sfairhousinggoalsandwithfairhousingstrategiesspecifiedinthejurisdiction’sConsolidatedPlanorPublicHousingAgencyPlan.● Doestheproposedprojectaddressissuesidentifiedinyourjurisdiction’smostrecentfairhousingplanorplans? TheCityofSanBernardino’sDraft2020- 2025AnalysisofImpedimentstoFairHousing(the“AI”)identifiesthefollowingcriticalneedsidentifiedthroughstakeholderengagement:
● Increaseinhousinginventory–anincreasedsupplywillhelpall,includingtheLatinoandAfricanAmericanpopulation.● ImproveperceptionsofSanBernardino(negativeperceptiondetersprivateinvestment).● Addressdiscrimination,particularlyraceorethnicitydiscrimination.● Raiseawarenessabouthomelessnessusinghumanisticstoriesthatgobeyondthedata.● Supportagrowingpopulationofhomelessseniors.● Decreasedependencyongovernmentanddrawfoundationsandcorporationsintothesolutions.● Createpathwaystoemployment.

TheDraftAIincludesaFairHousingActionPlan,whichoutlinesthehighestpriorityContributingFactorstoFairHousingforsixkeyareas.UndertheareaofAffordableHousing,thepriorityfactorsincluded:
● Lowvolumeofaffordablehousing.● Poorhousingconditionsandblight.● Tenantbackgroundchecksstopfamiliesfromreceivinghousing.● Lackofadvocacyforaffordablehousing.Not-My-Backyardattitudescreateatoughlanddevelopmentprocessfornewaffordablehousingplans.● Lownumberofaccessibleunitsforagrowingelderlyand/ordisabledpopulation.

ArrowheadGrovedirectlyalignswithGoal2oftheFairHousingActionPlan,whichcallsfortheCityto“increaseaffordablehousingopportunities.”Theprojectsite,whichisservedbytwo Page25

Packet Pg.
773

OmniTransbuspickupareasandlocatedneartheCity’sindustrialemploymentareas,supportsthePlan’sidentifiedActionStepsbydeveloping“integratedhousingapproachesneardesignatedemploymentareas/centersandtransit.”TheCityofSanBernardinoisengagedasacommittedpartnertosupporttheHousingAuthority’seffortstocompletethisproject.

BudgetandTimeline
● Provideabudgetfortheproposedactivitiesthatdocumentsallprojectedsourcesoffundsandestimatesallapplicablecosts.Describehowyoudeterminedthebudgetandhowyouwillensurethattheprojectwillbecost-effective,inlinewithindustrystandards,andappropriateforthescopeoftheproject.

Theapplicationincludesaproformathathasevolvedoverseveralmonthstoincludediversefundingsourcesandwell-vettedcostestimates.Theproject’sprimaryfundingsourcesinclude4%Low-IncomeHousingTaxCredit(LIHTC)equity, constructionandpermanentloansfromcommerciallenders,andvariousfederal,state,andlocalgapfundingsources.InadditiontoaplaceholderfortherequestedPROHousinggrant,thesegapfundingsourcesincludeHOMEloansfromtheCityandCountyofSanBernardino,NeighborhoodStabilizationProgramfunds,aMiddle-IncomeProgram(MIP)loanfromCaliforniaHousingFinanceAgency, alocalHousingDevelopmentFundgrant,andaBUILDEnergySmartGrant.TheLIHTCequityandcommercialloansaremodeledbasedonrecenttransactionscompletedbytheAuthority’sprojectfinanceadvisorsandrecentdiscussionswithvariouslendersandinvestors.TheMIPloanismodeledbasedonprogramguidelinesandanassessmentofprojectcompetitivenessbasedonwinningprojectsfromrecentrounds.Finally, thevariousothergapfundingsourcesaremodeledbasedonextensivediscussionswith(and,inmostcases,softcommitmentsfrom)fundingprovidersoverthepastseveralmonths.

CostestimatesfortheprojectarebasedontheexpertiseoftheAuthority’sCalifornia-basedprojectfinanceadvisors,aswellastheworkofmultiplethird-partyprofessionals.TheAuthorityhasengagedarchitects,aprofessionalcostestimator, andtwogeneralcontractorstohelpdevelopadetailedscopeofworkandestimatehardandsoftconstructioncostsfortheproject.Theproformabudgetincludedintheapplicationrepresentsasynthesisoftheseprofessionals’workand,intheestimationoftheAuthorityanditsprojectfinanceadvisors,iscost-effective,consistentwithindustrystandards,andappropriatefortheproject'sscope. ● PleasedescribehowyouwouldbudgetforandmanageasuccessfulprojectifHUDawardsadifferentdollaramountthanyouarerequesting.Whatistheminimumfundingamountthatwouldallowyoutocarryoutyourproposalinsomeform,andwhatwouldthatproposalachieve? Page26

Packet Pg.
774

Withtheannouncementofanawardamountthatdiffersfromtherequestedamount,athoroughre-evaluationofthebudgetwouldbeconductedwithoutcompromisingthecoreobjectivesoftheproject.Thiswouldincludeclassifyingprojectactivitiesbasedonpriorityandensuringthatessentialactivitiesareallocatedadequatefunds.Simultaneously, theexplorationofalternativefundingsourcessuchasgrants,loans,orpartnershipswithotherorganizationscouldprovidesupplementaryfinancialsupport.Aprioritizedphasedimplementationmayalsobeconsideredbasedonfundingavailability, impact,andcommunityneedstoallocatetheavailablefundstothemostcriticalphasesoftheproject.Eachphasewouldbecompletedbeforetransitioningtothenext,allowingforastructuredandfinanciallycontrolledimplementation.

Theminimumfundingamountnecessarytocarryouttheproposalis$5,000,000.Thisminimumamountwouldcoverthecostofconstructionforthe92-units. ● ProvideascheduleforcompletingalloftheproposedactivitiesinadvanceoftheexpendituredeadlineattheendofFY2029.

TheproposedconstructionactivitiesfortheArrowheadGroveprojecthaveananticipatedstartdateofFebruary12,2025,andanenddateofMay1,2026.Allpre-constructionworkiscurrentlyunderwayandisonscheduletobecompletedonFebruary1,2025.Thisincludescompletionofalldesigndevelopment,constructiondocuments,planchecks,andfinalfinancing.Belowisaschedulethatincludeskeymilestonestoreflecttimelyprogresstowardtheanticipatedcompletiondate.

KeyMilestone StartDate CompletionDate
1 SiteGradingandFoundations 2/12/25 7/29/25
2 Framing 7/30/25 10/21/25
3 Roofing/ExteriorDry-in 10/22/25 1/13/26
4 InitialpunchwalkpriortoCofO 5/1/26 5/1/26
Exhibit E: Capacity
● Whichspecificagencyorentitywillleadimplementationoftheproposedactivities?Whatisitsroleandmanagementcapacity? TheCityofSanBernardinowillserveasthefiscalagentforthePROHousinggrant.HACSBwillserveastheleaddeveloperfortheArrowheadGroveproject.

Page27

Packet Pg.
775

● Describehowtheagencyorentityhas(orplanstoobtain)therelevantprojectmanagement,qualityassurance,financialandprocurement,andinternalcontrolcapacitytoquicklylaunchandimplementamajorproject.

TheCityofSanBernardinohasastronghistoryofsuccessfullymanaginglargeprojects.Itsfinancialmanagementofover$61MfromvariousfundingsourcesreflectsthesuccessfullaunchandongoingstabilityofmajorprojectsliketheArrowheadGroveproject.Theirstructuredgovernancemodel,wheretheCityManageroverseesalldepartments,allowsforanorganizedapproachtoprojectmanagementandqualityassurance,enablingswiftdecision-makingandalignmentwithprojectgoals.

InpartnershipwiththeHousingAuthorityoftheCountyofSanBernardino(HACSB),whichbringssubstantialexperienceinmanaging,developing,andcontrollingaffordablehousingunits,theCityenhancesitscapabilitytoimplementtheprojecteffectively. HACSB'shistoricalinvolvementinadministeringhousingprograms,managinghousingunits,andmaintainingcompliancewithvariousfundingsourcesreinforcesitscompetenceinensuringtheprojectadherestoqualityandregulatorystandards.Overthelasttwelveyears,HACSBhasdevelopedastrongknowledgebaseandexperienceinredevelopmentoflarge-scalepublichousingsites–havingcompleted332newunitsinthefirstthreephasesofArrowheadGrove.TheworkingrelationshipbetweentheCityandHACSBwillcombinethefinancialandmanagerialcapacitiesoftheCitywiththesector-specificexpertiseandoperationalskillsofHACSB.Thiscollaborationwillfacilitatethequicklaunch,smoothimplementation,andmanagementoftheArrowheadGroveproject. ● Ifyourproposedapproachincludespartners,describeeachpartner’scapacitiesandcredentialsrelatedtoitsroleinimplementingtheproject.Isyourcapacitytodesign,plan,orremoveabarrierdependentonpartnercapacity?Ifyes,describethedependency. Whatisyourplantoregaincapacityifapartnerdropsout? HACSB,initsroleastheleaddeveloperfortheArrowheadGroveproject,bringsawealthofexperienceandsubstantialcapacityinmanaginganddevelopingaffordablehousingunits.Sinceitsestablishmentin1941,HACSBhasbuiltoracquiredover2,000affordablehousingunitsandhasalonghistoryofbeingadedicatedownerandmanageroffederallysubsidizedpublichousingunits.Moreover, withdirectmanagementandcontrolovermorethan3,500affordablehousingunitsacrosstheCounty, HACSBhasdemonstratedoperationalproficiencyandadherencetocompliancestandardsinthesector.

ThepartnershipwithHACSBiscrucialtotheArrowheadGroveprojectduetoHACSB’sroleinensuringthatthedevelopmentadherestoregulatorystandards,managinghousingunits,andpreservingtheaffordabilityoftheunitsthroughvarioussubsidyprograms.TheCityofSanBernardino,asthefiscalagent,reliesonHACSB'sexperiencetonavigatethroughspecificsector Page28

Packet Pg.
776

challenges,makingthecapacitytodesignandplanfortheprojectsomewhatdependentonHACSB'sspecificexpertiseinaffordablehousingdevelopmentandmanagement.

InthehighlyunlikelyeventthatHACSBweretowithdrawfromtheproject,theCityofSanBernardinowouldlikelyfacechallengesinmanagingspecificaspectsrelatedtohousingdevelopmentandcompliance.HACSBcurrentlyholdssitecontrolandisheavilyinvestedinthedesignandpre-constructionelementsofArrowheadGrove.HACSBandtheCityofSanBernardino’sinterestsinrealizingthecompletionofArrowheadGrovearemutuallybonded. ● Describetheagency’sorentity’sexperienceworkingwithandcoordinatingpartners(includingcontractors,funders,subrecipients,communitystakeholders,andothergovernmentagencies)inpreviousprojectssimilarinscopeofscaletotheproposedactivities.Ifyoudonothavesuchexperience,howwillyouobtainit? TheCityofSanBernardinohasalonghistoryofsuccessfulprojectcollaborationswithcoordinatingpartners.ParticularlywithHACSB,theCityhashadmuchcollaborativeexperiencedevelopingthreepriorphasesoftheArrowheadGrovehousingsite.TheCity'scapacitytosuccessfullycoordinatelarge-scalehousingprojects,navigatecomplexadministrativetasks,andcoordinatewithmultiplestakeholdersisdemonstratedinthisexemplifiedongoingcollaboration.

DuringPhaseI,knownasValenciaVista,theCityoversawtimelyandqualityconstruction.ThisphaselaidthefoundationforsubsequentprojectmanagementcollaborationswithHACSBandotherpartners.PhaseII,CrestviewTerrace,andPhaseIII,OliveMeadow, broughtyetanotheropportunityfortheCitytocoordinatewithHACSBanditscontractors.

InadditiontotheArrowheadGroveproject,theCityofSanBernardinohasspearheadedvariousmulti-facetedprojectsofsubstantialscopeandscalethatdemandedcohesivecoordinationamongcontractors,funders,sub-recipients,communitystakeholders,andgovernmentalagencies.OnesuchexampleistheCity’sexperienceinexecutinghousinginitiativesandurbandevelopmentprojectsthroughtheuseandmanagementoffundsfromvarioussources,suchasESG,CDBG,andHOME.Thecity’smanagementandplanningalignednumerouspartieswithdifferingintereststowardacommonvisionforurbandevelopmentandhascontinuallydeliveredonthesuccessfulexecutionofmanyprojects. ● Whowrotethisapplication:applicantstaff,oraprofessionaltechnicalorgrantwriterinaconsultingorcontractcapacity?Pleaseprovidename(s),title(s),andorganization(s).Iftheapplicationwasdraftedbysomeoneexternaltotheapplicant’sorganization,describehowtheapplicantstaff anddecisionmakerswereactivelyengagedinthedevelopmentofthisproposalandhowthiscoordinationmaycontinueovertime.

Page29

Packet Pg.
777

Thisapplicationwaspreparedbyateamofindividualsthatincludedstaff fromtheCityofSanBernardino,staff fromtheHACSB,andgrant-writingconsultantscontractedfromthefirmRennePublicPolicyGroup.Theteamwascomposedofthefollowingindividuals:

TrinaPerezCityofSanBernardinoSeniorManagementAnalyst
MaryAlvarez-GomezCityofSanBernardinoGrantsDivisionManager ChristianRodriguezCityofSanBernardinoManagementAnalystII GilbertMosquedaCityofSanBernardinoManagementAnalystI
JohnMooreHousingAuthorityoftheCountyofSanBernardinoDirectorofDevelopment JakeWhitakerRennePublicPolicyGroupDirector
BruceRuddRennePublicPolicyGroupSeniorConsultant
MairaDurazoRennePublicPolicyGroupGrantWritingAssociate
AdamCrayCSGAdvisorsVicePresident
● Doyouoranypartner(s)haveexperienceworkingwithcivilrightsandfairhousingissuesincluding,forexample,workingwithdatatoanalyzeracialoreconomicdisparities?Doyouoryourpartner(s)haveexperiencedesigningoroperatingprogramsthathaveprovidedtangiblereductionsinracialdisparities?○ Inevaluatingapplicationsforfunding,HUDwillconsidertheextenttowhichtheapplicationdemonstratesthattheapplicanthastheexperienceandtheresourcestoeffectivelyaddresstheneedsofunderservedcommunities,particularlyBlackandBrowncommunities.

Inrecentyears,theCityhasundertakenmultipleinitiativesthataddresshousing-relatedissuesregardingfairhousingandcivilrightsissuesincludingowner-occupiedhousingrehabilitationprogram,first-timehomebuyers’programsincoordinationwithWellsFargo,MicroenterpriseProgramworkingwithsmallbusinessowners,andInfillHousingProgramtoprovidehousingforLMIfamilies.TheCityannuallycollaborateswiththeCommunityActionPartnershipofSanBernardino,FamilyServiceAssociationofRedlands,LutheranSocialServices,TheSalvationArmyHospitalityHouse,andStepUponSecondforstreetoutreach,emergencyshelter, rapidrehousing,casemanagement,andhomelesspreventionservices.Inaddition,theCityworkswiththeSt.Bernadine’sHospitalCommunityHospital,andDignityHealthinSanBernardinotoprovidehomelesspatientswithappropriatehealthcareandbridgehousingandcasemanagementservices.

Page30

Packet Pg.
778

TheCitycollaboratesannuallywiththeInlandFairHousingMediationBoard(IFHMB)toconductandreacttoanycomplaintssurroundinghousingdiscriminationandfairhousingeducationandpromotion.IFHMBprovidesfairhousingandlandlord-tenantmediationactivitiescenteredonfourmainactivities:Education,Outreach,Enforcement,andAdministrativeServices.IFHMBfairhousing,education,outreach,andenforcementactivitieswilladdressfairhousingissuesencounteredbyCityresidentsandassisttheCitytosupportandsustaininclusiveneighborhoodsvibrantwithdiversity.

Thedeliveryoffairhousingservices,alongwiththeavailabilityoflandlord-tenantmediation,empowersresidentswithknowledgeoftheirhousingrightsandresponsibilitiesunderFederalandStatefairhousinglaws,andtheCaliforniaCivilCode.FairHousingandLandlord-Tenantworkshopsareconductedthroughouttheyeartofamiliarizeresidentswiththeirhousingrightsandresponsibilities,includingfederalandstatefairhousinglaws.IFHMBStaff willassistresidentswiththeprocessingofcomplaintstotheDepartmentofU.S.HousingandUrbanDevelopment(HUD),theDepartmentofJustice,theCaliforniaDepartmentofFairEmploymentandHousing,orprovideareferraltoaprivateattorney. ● ProvideanorganizationalchartthatidentifiesnamesandpositionsofkeymanagementforproposedPROHousingactivities.Inadditiontokeymanagement,besuretoincludeacountofallfull-timestaff thatwillmanagePROHousingactivities.Pleasealsoincludeadescriptionofyourexistingmanagementstructureandstaff roles,includinganygaps,vacancies,orpositionscontingentonaward.Ifyouareapplyingwithapartnerorpartners,providethisinformationforeachorganization.

AstheProHousingapplicationfiscallead,CityofSanBernardinoStaff TrinaPerezandMaryAlvarez-Gomezwilloverseethemanagementandcoordinationofprojectactivities.Trina,theSeniorManagementAnalyst,willtaketheleadinensuringtheprojectadherestospecifiedguidelinesandachievessetobjectives.Mary, theGrantsDivisionManager, willmanagegrantcompliancewithgrantrequirementsandoverseethefinancialaspectsoftheproject.ChristianRodriguezandGilbertMosqueda,positionedasManagementAnalystIIandI,respectively, willassistinperformancemonitoringanddatacollectionforprogressreports.

HACSB,astheleaddeveloperfortheArrowheadGroveproject,DirectorofDevelopmentJohnMoorewillsteerthedevelopmentobjectivesandensureallkeymilestonesarereachedforthetimelycompletionoftheproject.Hewillalsooverseeresourceallocation,mobilizetheexistingsteeringcommitteetofacilitatestakeholderandcommunityengagementandheadthedevelopmentteaminallaspectsofcompletingtheproject.

Page31

Packet Pg.
779

Figure3.OrganizationalChart
Page32

Packet Pg.
780

Exhibit F: Leverage
● Areyouleveragingotherfundingornon-financialcontributions? AsdescribedinExhibitDabove,theproject’sprimaryfundingsourcesinclude4%Low-IncomeHousingTaxCredit(LIHTC)equity;constructionandpermanentloansfromcommerciallenders;andvariousfederal,state,andlocalgapfundingsources.InadditiontoaplaceholderfortherequestedPROHousinggrant,thesegapfundingsourcesincludeHOMEloansfromtheCityandCountyofSanBernardino,NeighborhoodStabilizationProgramfunds,aMiddle-IncomeProgram(MIP)loanfromCaliforniaHousingFinanceAgency, alocalHousingDevelopmentFundgrant,andaBUILDEnergySmartGrant.TheLIHTCequityandcommercialloansaremodeledbasedonrecenttransactionscompletedbytheAuthority’sprojectfinanceadvisorsandrecentdiscussionswithvariouslendersandinvestors.TheMIPloanismodeledbasedonprogramguidelinesandanassessmentofprojectcompetitivenessbasedonwinningprojectsfromrecentrounds.Finally, thevariousothergapfundingsourcesaremodeledbasedonextensivediscussionswith(and,inmostcases,softcommitmentsfrom)fundingprovidersoverthepastseveralmonths.

Exhibit G: Long-TermEffect
● Describewhatyouwillhaveachieveduponcompletionofgrant-fundedactivities,includingthespecificworkproduct(s),deliverable(s),orcompletedprojectsyouwillproduceandanyimplementationactionsthatfollow. Besuretoaddreshowstheseachievementswillhaveapermanent,long-termeffect.

Uponcompletion,theprimaryachievementofPhaseIVoftheArrowheadGroveprojectwillbetheconstructionof92newaffordablehousingunitsinahistoricallydisadvantagedandunder-resourcedareaofSanBernardino.ThisadditiondirectlyaddressesSanBernardino'sneedformoreaffordablehousingoptionsandoffersasolutiontoapartofthehousingshortageinthecommunity. Inthelongterm,theseunitswillcontributetoamorebalancedhousingavailabilityinthearea,helpingalleviatesomeofthepressuresofthelocalhousingmarket.Theywillprovidepermanentessentialhousingforthoseinneedandofferstabilityforfamiliesandindividuals,enablingthemtobuildafoundationfortheirfutureinthecommunity. Onceoccupied,theunitswilladdtothevibrancyofthecommunity, potentiallyleadingtoincreasedlocalcommerce. ● Describewhatroadblocksyourproposalmightbefacing(e.g.,thereversalofaplantostreamlinethepermittingprocess).Whatarethemostlikelywaysinwhichthebarriersmightpersistdespiteyourproposedactivities,andhowdoestheproposalaccountforandcounteractthis? Page33

Packet Pg.
781

Despitemeticulousplanningandcollaborativeefforts,theArrowheadGroveprojectfaceschallengesthatcomewiththeeconomicuncertaintiesthatplayamajorroleinpricefluctuationsforconstructionmaterials.Furthermore,therearealwaysunforeseencircumstancesinconstructionprojectsofthismagnitude.ThesemightincludeunexpectedsiteconditionsorarecurringwaveofunsafehikesinCOVID-19cases,resultinginashiftinpriorities.Tonavigatethesechallenges,theprojectisdesignedtobeadaptable.thePhaseIVtimelineincorporatesbuffers,bothintermsoftimeandfinancialresources.Thisdeliberateinclusionensuresthatanyunexpecteddelaysoradditionalcostscanbeabsorbedwithoutcompromisingtheproject'smaingoal. ● Doyouanticipateyourproposalwillresultinreducinghousingcostburdenforresidentswithoutincreasingothercosts,suchastransportationcosts?Describehowyouseektoachieveyourgoalofenablingtheproductionandpreservationofaffordablehousingwhilealsoconsideringthevalueofsitingaffordablehousingnearamenities,publicservices,jobs,transit,schools,andotherimportantcommunityassetsandlocations.

ThehousingauthorityofSanBernardinoiscommittedtoensuringthatallofitsplannedrentalassistancedemonstrationprojectsincorporateon-siteamenitiesthatreducetheneedforitsresidentstotraveltoaccessamenitiessuchashealthcareandchildcare.TheplannedRADcommunityatArrowheadGrovecurrentlycontainsapreschoolfacilityandhasaplannedcommunitycenterthatwillofferhealthcareservicesviaafederallyqualifiedhealthcarecenter. ● Describehowyourproposalrepresentsamodelforothercommunities,includingthemanner(s)inwhichyourjurisdiction(s)orothersmayscaleorreplicatetheproposal.

TheArrowheadGroveprojectservesasamodelforothercommunities,particularlyinitsstrategicapproachtoaddressaffordablehousing,communitydevelopment,andsocio-economicadvancementwithinthebroadercontextofurbanrevitalization.Thisprojectembodiestheefficacyofphaseddevelopment,whereinhousingunitsaresystematicallyintroducedinstagestomanagelogisticalandfinancialresourceseffectivelyandtoensuresustainedprogressevenamidstpotentialexternaladversities,suchaseconomicdownturnsandpublichealthcrises.

Oneofthedefiningaspectsofthemodelliesinitsintegratedcommunitydevelopmentstrategy,whichgoesbeyondmerelyprovidinghousing.ThecollaborationbetweentheCityofSanBernardinoandHACSBdemonstratesasignificantalliancebetweenlocalgovernmentandaspecializedagency, eachbringingitsexpertiseandresourcestothetable.Thispartnership,coupledwiththeengagementofvariousstakeholders,ensuresthattheprojectisnotonlystronginitsdesignandimplementationbutalsoattunedtothenuancedneedsandaspirationsofthecommunityitserves.

Page34

Packet Pg.
782

Themodularandscalablenatureofthephaseddevelopmentapproachmeansthatotherjurisdictions,dependingontheirsizeandavailableresources,canadaptthemodeltotheirspecificcontexts.Thealliancebetweengovernmentalandspecialistagencies,systematicstakeholderengagement,integratedcommunitydevelopment,andphasedimplementationconstituteaversatileframeworkthatcanbereplicatedindiversesettings.Byadheringtothismodel,othercommunitiescannavigatethecomplexitiesandchallengesinherentinlarge-scaleaffordablehousingandcommunitydevelopmentprojects,enhancingtheircapacityforsustainableurbandevelopmentandsocialuplift. ● Describethecommunity’smostsignificantenvironmentalrisksandhowtheproposalisalignedwiththemtoefficientlypromotecommunityresilience.Forexample,youmaywishtodescribehowyourinfrastructureanddevelopmentactivitiesincorporateresilientand/orenergy-efficientfeatures,suchasnativevegetation,reclaimedwater,andeffortstomitigatetheeffectsofclimatechange,asappropriateforyourcommunity.

ThiscommunityenduressomeoftheworstairpollutionintheUnitedStates 1 , exacerbatingpublichealthconcerns.ResidentsoftheprojectareaCensusTract6071006401,alongwiththoseinadjacenttracts6071005400and6071005500,experienceparticularlysevereenvironmentalchallenges,withoneoftheworstAirToxicsRespiratoryHIEJIndexreportedinthenationrecordedasbeinginthe95-100thpercentilepertheEPA’sEnvironmentalJusticeScreeningtool.Consequently, communitymembersfaceaheightenedriskofairpollution-relatedhealthissues,includingasthmaandcardiovasculardisease,comparedtootherCaliforniacommunities.TheWesternRiversideCouncilofGovernment’sSanBernardinoCountyResilienceStrategy 2 andCountyofSanBernardinoCountyVulnerabilityAssessment 3 haveidentifiedmajorincreasesinextremeheatdays,withallareasofthecountyprojectedtoexperienceatleast27additionalextremeheatdays(definedasdaysexceedingthe95thpercentileofdailymaximumtemperaturesoverthehistoricalbaselinetimeperiodbetween1976and2005).DroughtsarealsoexpectedtobecomemorefrequentandintenseinSanBernardinoCountyand,morebroadly,throughoutsouthernCaliforniabymid-century. DuetoitsgeographydownwindoftheLosAngelesmetropolitanareaandconstrictedbyhighmountainranges,thevalleyinSanBernardinoCountyalreadyexperiencessomeoftheworstairqualityproblemsandinanonattainmentareaundertheCleanAirAct,whichmeansitdoesnotmeetnationalairqualitystandardswhichisconsistentwiththeCalEnviroScreen4.0rankings.Finally, andasthepreviousFall/Winterseasonhasdemonstrated,extremestormsareprojectedtobecomemoreintenseandfrequentbymid-centuryduetoclimatechange. 3 SanBernardinoCountyRegionalGreenhouseReductionPlan
2 WesternRiversideCouncilofGovernmentSanBernardinoResilienceStrategy 1 AmericanLungAssociation(ALA),2023StateoftheAirReport
Page35

Packet Pg.
783

Theprojectprotectsenvironmentalandagriculturalresourcesbyturningthelandscapingonthesiteaswellastheproject-mandateddetentionbasinsintourbanfarmsandwaterretentionprojects.Theinfrastructureincorporatesdrought-tolerantlandscapinganddesignmethodsmeanttoretain,restore,andrecyclewaterasitflowsthroughthesite.Additionalsiteinitiativesincludeplanningforsustainabletransportationmethodstoencourageefficient“CompleteStreets”developmentpatternssurroundingtheproject.Collectively, theseimprovementswillimproveairqualitybyincreasingtransitridershipandimprovingpedestrianandbicyclistsafetywhilereducingthefinancialburdenofacar. Equippingthe92affordableunitswithelectricappliances,installingsolarpanels,andbioswales,andplantingadditionaltreeswillalsohelpmitigateotherimpactsassociatedwithclimatechange(e.g.,urbanheatisland). ● Whatdoyouconsidersuccesstolooklikeattheendoftheperiodofperformanceorbeyond? SuccessfulimplementationoftheprojectwilladvancethegoalsofthelargerWaterman+BaselineSpecificPlanandbuildupontheworkofthevariouscontributingstakeholdergroupsthatjoinedtogethertodevelopatransformativevisionfortheWatermanGardenssiteandthesurroundingneighborhood.IntheimmediatevicinitysurroundingtheProjectarea,theCityandCountyhaveenactedavarietyofincentivestoattractadiversemixofneworexpandedbusinessesandjobs,whichhassuccessfullycreatedastrongpotentialtoestablishanemploymentbase.Unfortunately, thegreatmajorityofunemployedresidentsinthePlanareadonothavetheskillsoreducationtocapitalizeupontheseopportunities.Consequently, duetotheeconomiclimitationsofthefamilieslivingwithintheProjectarea,thereisaneedforwrap-aroundfamilyresourceservices.TheArrowheadGroveInclusiveRedevelopmentProjectisaplannedcommunitythatintendstoprovidejustthat.Weseeourprojectasacatalystthatcanleadtomanymoreprojectshappeningnearby. Thesuccessofeachbecomesaleveragepointforanother.

DespiteitspastasanAll-AmericanCity, SanBernardinograppleswithhighpovertyrates.Thecity'sfinancialcrisisculminatedinthe2012bankruptcydeclaration,coupledwithitsrankingamongthenation'spoorestandhighestcrimecitiesin2015.TheArrowheadGrovehousingprojectsandtheproposedcommunitycenterhappeningnexttoitwillbethefirststepinreversingthisnarrativebybringingtothecommunityasitebuiltwithtop-of-the-linesustainabilityfeatures.ThesustainabilityfeaturesutilizedontheseprojectswillbereplicatedbyprojectsthatarebeingdonebyseveralofourCACHIstakeholderteammembersnearby. BoththeNeighborhoodHousingServicesoftheInlandEmpire(NHSIE)andtheElSolNeighborhoodCommunityCenteraredevelopingnearbyhousingandcommunitycenterprojectsthatareinformedbythisone.Allhousingdevelopmentswillbeall-electricandwillfeaturetop-of-the-linewaterefficiencyfeatures.AllProjectsproposeincorporatingaccommodationsforelectricvehiclechargingstations,renewableenergy, andinnovativewaterefficiencyand Page36

Packet Pg.
784

landscapingfeatures.Eachoftheseprojectswillhaveakeenfocusonestablishingjobswhichjobcenterswillsupport. ● ExplainhowthetargetedoutcomeswillremedytheidentifiedNeed.Ifpossible,proposemetrics(thequantifiabletopicareayouwillmeasure)andtargetoutcomes(aquantifiedgoalforeachmetricwhichyouwillstrivetoachieve)toexplainhowyourproposedgrantactivitiesareexpectedtoaddresstheaffordablehousingneedsand/orbarriersidentifiedinNeed.

TheArrowheadGroveprojectincludesadata-collectingprotocoltoaddressvarioushousingchallengesthejurisdictionfacesthatalsooverlapwiththeidentifiedneedsofthecommunity.Oneoftheseprimaryneedsistheexcessivecostburdenbornebyhouseholds.Assuch,onetargetedoutcomeistoreducetheproportionofhouseholdsspendingmorethan30%oftheirincomeonhousingwithintheprojectarea.

Thesurgeinmedianhomepricespresentsanotherbarriertoaffordablehousingandiscloselylinkedtoaverageincomes.Tocounteractthistrend,theprojectwillincludemonitoringandprovidingresourcestoresidentsthroughtheCommunityResourceCentertoimprovetheratioofAverageMedianIncome(AMI)tomedianhomeprices.Additionally, theoverallavailabilityofaffordablehousingiscloselytiedandisalsoamajorneed.ThemaintargetoftheArrowheadGroveProjectistheconstructionofanadditional92affordablehousingunitstoaddressthisneed. ● Describethelong-termeffectofyourproposalonremovingbarrierstoaffordablehousingproductionthathaveperpetuatedsegregation,inhibitedaccesstowell-resourcedneighborhoodsofopportunityforprotectedclassgroupsandvulnerablepopulationsandexpandedaccesstohousingopportunitiesforthesepopulations.

ThecityofSanBernardinohasrecognizedseveralchallengesinprovidingaffordablehousing,asdocumentedinits2020-2025ConsolidatedActionPlan.Theseincludelimitedfunding,strictenvironmentallaws,necessaryimprovementstoundevelopedareas,planninganddevelopmentfees,andcomprehensivepermitprocedures.Toaddressthese,thecityisworkingonseveralstrategiesandactionsforasmootherprojectreviewprocessandstreamliningdevelopmentactivitiesandregulationstomakeiteasierfortransitionalandsupportivehousingtobeestablished.

TheArrowheadGroveprojectispartofthislargercommitmenttocounteractdecadesofhousingdisparitiesandprovideanequitableenvironmentforallresidents.Historically, segregationhasbeenexacerbatedbyalackofaffordablehousinginwell-resourcedneighborhoods,forcingprotectedclassgroupsandvulnerablepopulationsintounder-resourcedareas.Thecreationofaffordablehousingensuresthatthesegroupshaveopportunitiestoresideinneighborhoodsthat Page37

Packet Pg.
785

offerthembetteramenities,education,andemploymentopportunities,whichcanbreakthecyclesofpovertyandsegregationthathaveplaguedthiscommunity. Additionally, byintegratingthisprojectintoalargercommunityplanthatwilloffersupportservicesandcommunityresources,ArrowheadGroveensuresthatvulnerablepopulations,includingthosewithspecialneeds,singleparents,andtheelderly, arenotjusthousedbutalsosupportedintheirendeavors,beiteducational,professional,orpersonal.ArrowheadGroveremovesthestigmasoftenassociatedwithaffordablehousinganditsresidents,creatingamorecohesiveandunifiedcommunitywhereresidentsofdifferentsocio-economicbackgroundscancoexist,learnfromoneanother, andcollaborativelycontributetothebettermentoftheneighborhood.

Page38

Packet Pg.
786

Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017 Expiration: 1/31/2026
Applicant Name:City of San Bernardino
Applicant Address:290 N. D Street
San Bernadino, CA 92401
Category Detailed Description of Budget (for full grant period)

1. Personnel (Direct Labor)
Estimated
Hours
Rate per
Hour Estimated CostHUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Position or Individual
Grants Division Manager 1,168 $65.78 $70,699 $70,699
Sr. Management Analyst 1,752 $55.44 $97,131 $97,131
Management Analyst II 934 $43.19 $40,339 $40,339
Management Analyst I 934 $39.57 $36,958 $36,958
Total Direct Labor Cost $245,128 $245,127

2. Fringe Benefits Rate (%) Base Estimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Grants Division Manager 10.00% $70,699 $7,070 $7,070
Sr. Management Analyst 10.00% $97,131 $9,713 $9,713
Management Analyst II 10.00% $40,339 $4,034 $4,034
Management Analyst I 10.00% $36,958 $3,696 $3,696
Total Fringe Benefits Cost $24,513 $24,513
Previous versions of HUD-424-CBW are obsolete. 1 form HUD-424-CBW (2/2003)

Packet Pg.
787

Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017 Expiration: 1/31/2026
Applicant Name:City of San Bernardino

3. Travel
3a. Transportation - Local Private VehicleMileage
Rate per
Mile Estimated CostHUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Subtotal - Trans - Local Private Vehicle
3b. Transportation - Airfare (show destination)Trips Fare Estimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Subtotal - Transportation - Airfare
3c. Transportation - Other Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Subtotal - Transportation - Other
3d. Per Diem or Subsistence (indicate location)Days
Rate per
Day Estimated CostHUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Subtotal - Per Diem or Subsistence
Total Travel Cost

4. Equipment (Only items over $5,000
Depreciated value) Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Total Equipment Cost
Previous versions of HUD-424-CBW are obsolete. 2 form HUD-424-CBW (2/2003)

Packet Pg.
788

Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017 Expiration: 1/31/2026
Applicant Name:City of San Bernardino

5. Supplies and Materials (Items under $5,000 Depreciated Value) 5a. Consumable Supplies Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Subtotal - Consumable Supplies
5b. Non-Consumable Materials Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Subtotal - Non-Consumable Materials
Total Supplies and Materials Cost

6. Consultants (Type) Days
Rate per
Day Estimated CostHUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Market Study $25,000 $25,000
Appraisal $25,000 $25,000
Total Consultants Cost $50,000 $0 $0 $0 $50,000 $0 $0 $0 $0

7. Contracts and Sub-Grantees (List individually)
7a. Contracts Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Subtotal - Contracts $0 $0 $0 $0 $0 $0 $0 $0 $0
7b. Sub-Grantees (List individually) Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Subtotal - Sub-Grantees
Total Contracts and Sub-Grantees Cost
Previous versions of HUD-424-CBW are obsolete. 3 form HUD-424-CBW (2/2003)

Packet Pg.
789

Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017 Expiration: 1/31/2026
Applicant Name:City of San Bernardino

8. Construction Costs
8a. Administrative and legal expenses Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Legal Fees $197,511 $197,511
Financing Fees $433,153 $433,153
Title Fees $80,000 $80,000
Subtotal - Administrative and legal expenses $710,664 $0 $0 $0 $710,664 $0 $0 $0 $0 8b. Land, structures, rights-of way, appraisal, etc Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Subtotal - Land, structures, rights-of way, …
8c. Relocation expenses and payments Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Subtotal - Relocation expenses and payments
8d. Architectural and engineering fees Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Architecture $2,500,000 $2,500,000
Subtotal - Architectural and engineering fees $2,500,000 $0 $0 $0 $2,500,000 $0 $0 $0 $0 8e. Other architectural and engineering feesQuantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Subtotal - Other architectural and engineering fees
8f. Project inspection fees Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Reports and Inspections $350,000 $350,000
Permit Fees $790,043 $790,043
Subtotal - Project inspection fees $1,140,043 $0 $0 $0 $1,140,043 $0 $0 $0 $0 Previous versions of HUD-424-CBW are obsolete. 4 form HUD-424-CBW (2/2003)

Packet Pg.
790

Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017 Expiration: 1/31/2026
Applicant Name:City of San Bernardino
8g. Site work Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Subtotal - Site work
8h. Demolition and removal Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Subtotal - Demolition and removal
8i. Construction Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Structures & General Conditions $37,038,027 $5,000,000 $5,624,547 $2,948,834 $2,585,337 $9,900,000 $500,000 $10,479,309 Contractor Overhead & Profit $1,150,550 $1,150,550
Contractor bond and insurance $1,313,590 $1,313,590
Subtotal - Construction $39,502,167 $5,000,000 $5,624,547 $0 $5,412,974 $2,585,337 $9,900,000 $500,000 $10,479,309 8j. Equipment Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Subtotal - Equipment
8k. Contingencies Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Hard Cost contingency $4,248,664 $4,248,664
Soft Cost Contingency $572,096 $572,096
Subtotal - Contingencies $4,820,760 $0 $0 $0 $4,820,760 $0 $0 $0 $0 8l. Miscellaneous Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Construction Manager $144,000 $144,000
Construction period insurance $1,312,525 $1,312,525
Subtotal - Miscellaneous $1,456,525 $0 $0 $0 $1,456,525 $0 $0 $0 $0 Total Construction Costs $50,130,159 $5,000,000 $5,624,547 $0 $16,040,966 $2,585,337 $9,900,000 $500,000 $10,479,309 Previous versions of HUD-424-CBW are obsolete. 5 form HUD-424-CBW (2/2003)

Packet Pg.
791

Grant Application Detailed Budget Worksheet OMB Approval No. 2501-0017 Expiration: 1/31/2026
Applicant Name:City of San Bernardino

9. Other Direct Costs Quantity Unit CostEstimated CostHUD Share Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Item
Furnishings $150,000 $150,000
Marketing and Lease Up $80,000 $80,000
Developer fee $2,200,000 $2,200,000
GP Equity & Deferred developer fee $5,624,447 $5,624,447 Operating Reserves $386,781 $386,781
Loan Fees and Interest $3,931,841 $3,931,841
Total Other Direct Costs $12,373,069 $0 $0 $0 $12,373,069 $0 $0 $0 $0 Subtotal of Direct Costs $62,553,228 $5,269,640 $5,624,547 $0 $28,464,035 $2,585,337 $9,900,000 $500,000 $10,479,309

10. Indirect Costs Rate Base Estimated CostHUD Share
Applicant Match Other HUD
Funds
Other Federal
Share
State ShareLocal/Tribal
Share
Other Program Income
Type
Total Indirect Costs
Total Estimated Costs $62,553,228 $5,269,640 $5,624,547 $0 $28,464,035 $2,585,337 $9,900,000 $500,000 $10,479,309 Previous versions of HUD-424-CBW are obsolete. 6 form HUD-424-CBW (2/2003)

Packet Pg.
792