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

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

CITY OF SAN BERNARDINO

REVISED AGENDA

FOR THE

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

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

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

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

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

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

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, NOVEMBER 01, 2023
5:30 PM CLOSED SESSION 7:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG COUNCIL MEMBER IBARRA WILL BE PARTICIPATING IN PERSON.

Theodore Sanchez Helen Tran Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Charles A. Montoya
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT

OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
Please contact the City Clerk's Office (909) 3845002 two working days prior to the meeting for any requests for reasonable accommodations
To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup . Select the c orresponding year and meeting date folders to view documents.

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

CALL TO ORDER

Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
City Manager Charles A. Montoya
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha

5:30 P.M.

CLOSED SESSION PUBLIC COMMENT

CLOSED SESSION p.11
A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Sedna Moseley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209

B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)) : One Item

C) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item

D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8
Property: 300 North E Parcel Map 688, Parcel 12 Book 25 Page 47 Parcel Map 688 Parcel No. 12 formally known as City PTN
Blk 12 and PTN 3rd St VAC
City Negotiator: City Manager or Designee
Negotiating Parties: El Corte Ingles
Under Negotiations: Price and Terms of Exclusive Negotiating Agreement

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

7:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CITY MANAGER UPDATE

PRESENTATIONS

1. Update to Council on Animal Services Programs and Initiatives p.12

CONSENT CALENDAR

2. Consideration of Supporting Federal “Supporting our Shelters” Act p.24 Recommendation:

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

1. Approve the draft letter in support of Representative Aguilar’s proposed “Supporting our Shelters Act”

2. Authorize the City Manager to send the letter in support of the “Supporting our Shelters Act” to the United States Congress

3. Award OnCall Professional Services Agreement with Eagle Eye Demolition, Inc. p.30 Recommendation:

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

1. Approve the award of a Professional Service Agreement with Eagle Eye Demolition, Inc. for oncall boardup and securement abatement services.

2. Authorize the Director of Administrative Services to issue an annual Purchase Order to Eagle Eye Demolition, Inc. in total amount not to exceed $200,000.

4. Accept The Homeless Housing, Assistance, and Prevention (HHAP) Round 3 Grant Funds from the County of San Bernardino in the amount of $808,358.87 p. 56 Recommendation:

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

1. Adopt Resolution No. 2023160, to accept the Homeless Housing, Assistance, and Prevention (HHAP 3) Round 3 Grant funding awarded to the City of San Bernardino through the County of San Bernardino, Office of Homeless Services;

2. Approve the execution of the HHAP 3 Grant Agreement between the City of San Bernardino and the San Bernardino County Office of Homeless Services as the Administrative Entity authorized to act on behalf of the County;

3. Authorize the Director of Finance and Management Services to amend FY2023/24 Adopted Budget for the HHAP Round 3 Grant, appropriating $808,385.87 in both revenues and expenditures; and

4. Authorize the City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the administration of the HHAP 3 Grant.

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

5. Resolutions updating the Bank and Investment Account Signature Authority (All Wards) p. 101
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino adopt the attached Resolutions updating the City’s and Successor Agency’s bank and investment account signature authority.

6. Professional Services Agreement with AdminSure for Workers' Compensation Third Party Administrator Services p. 131
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute a Professional Services Agreement with AdminSure for workers’ compensation claims administrator services.

7. Strategic Initiatives – Approving Job Classifications and Amending the Salary Schedule p. 149
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023170:

1. Establishing the Director of Economic Development (U) classification;

2. Establishing the Director of Community Development and Housing (U) classification; and

3. Amending the Citywide salary schedule for fulltime, parttime, temporary, and seasonal positions.

8. Accept the Anonymous Donation of $40,000 for the Verdemont Community Center p. 164 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2023171 to:

1. Authorize City Manager to accept the Anonymous Donation in the amount of $40,000, and

2. Authorize the Director of Finance and Management Services to amend the FY2023/24 General Fund Operating Budget in both revenue and expenditures by $40,000; and allocate the expenditures to the following, Senior Programming at the Verdemont Community Center ($10,000), Movies in the Parks at Verdemont ($10,000) and After School Homework Help ($20,000).

9. Amendment No. 1 to Agreement with Environmental Project Services, Inc. (All Wards) p. 170
Recommendation:

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

2. Authorize the City Manager to execute Amendment No. 1 to Maintenance Services Agreement with Environmental Project Services, Inc. for Concrete Maintenance Services; and

3. Authorize the Director of Finance and Management Services to issue a purchase order in the amount not to exceed $2,000,000.

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

10. Amendment No. 1 to Agreement with Horizons Construction Company International (All Wards) p. 194
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. 1 to Maintenance Services Agreement with Horizons Construction Company International for Asphalt Maintenance and Repair Services; and

2. Authorize the Director of Finance and Management Services to issue a purchase order in the amount of $2,450,000.

DISCUSSION

11. Proposed Administrative Policy Establishing the Municipal Volunteer Program (MVP) for the Offices of Elected Officials (All Wards) p. 228 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and consider the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2023172 as presented establishing the Municipal Volunteer Program (MVP) – Offices of the Elected Officials Policy.

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

12. Consider the installation of a stop light on the corner of 35th Street and E street to enhance school safety (Wards 5, 7) Council Member Reynoso p. 244

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on November 15, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

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

CERTIFICATION OF POSTING AGENDA

I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the November 1, 2023, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redev elopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, October 27, 2023.

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

Mayor and City Council of the City of San Bernardino Page 7

NOTICE:

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

Public Comments and Testimony:

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

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

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

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

Rule 5. Time Limits:

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

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

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

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

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

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

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

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

ALTERNATE MEETING VIEWING METHOD:

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

https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6

PUBLIC COMMENT OPTIONS

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

1) Written comments can be emailed to [email protected]. Written publi c comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe.

2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://tinyurl.com/mccpubliccomments

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

To call into the meeting and provide public comment via Zoom, register by clicking the following link before 4:00 p.m. on the day of the meeting:

https://tinyurl.com/mccremotepubliccomments

Any registrations received after 4:00 p.m. will not be approved.

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

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

Public Hearings:

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

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

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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: November 1, 2023
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney's Office
Subject: CLOSED SESSION
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Sedna Moseley v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2022209
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One Item C) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item
D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8
Property: 300 North E Street
Parcel Map 688, Parcel 12 Book 25 Page 47 Parcel
Map 688 Parcel No. 12 formally known as City PTN
Blk 12 and PTN 3rd St VAC
City Negotiator: City Manager or Designee
Negotiating Parties: El Corte Ingles
Under Negotiations: Price and Terms of Exclusive Negotiating Agreement

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11 PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: November 1, 2023
To: Honorable Mayor and City Council Members
From: Charles Montoya, City Manager
Kris Watson, Director of Animal Services
Department: Animal Services
Subject: Update to Council on Animal Services Programs and Initiatives

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12 Department of Animal
Services Update
Presented by: Kris Watson, MPA
[email protected]
This Photo by Unknown Author is licensed under CC BY-NC-ND

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13 Department Facility and Program Updates
Facility Updates
• Industrial Dishwasher
• Industrial Washer and Dryer
• Cat Portals purchased and installed
(With help from UC Davis)
• Wrought Iron Fencing around shelter
• Surveillance Video System
• Increased Storage on Site
Program Updates
• Foster Program
• Volunteer Program
• Group and Individual
• Monthly Pet Food Pantry
• Partnerships with Loma Linda and
Grand Terrace
• Non-Profit Partnerships for
Spay/Neuter

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14 Pending Facility & Program Updates
ProgrammingProgramming
• Mobile Spay Neuter/Clinic Vehicle)
• Low cost spay/neuter for community
members
• Feral Cat Spay/Neuter
• High-School Age Volunteer Program
FacilityFacility
• New Dog Kennel Building for Medical
impounds at current site
• Office revision to accommodate new
staff

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15 2022 & 2023 Year to Date Animal Intake Totals

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16 Challenges to Animal Services in our Region
• Aging Infrastructure
• Population Increase (1% growth through 2060)
• Lack of Veterinary Resources for the Community
• 1 Low Cost Spay/Neuter Clinic in San Bernardino Area
• Housing Crisis
• Inflation
• Nationwide Trends in Animal Sheltering

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17 Regional Partnership Opportunities
• Cities of Colton, Fontana and Rialto need shelter services beginning July 1, 2024 • Joint Powers Agreement/Participation Agreement
• Costs shared among 6 cities based on their percentage of use (intake totals) • If agreed by the group, San Bernardino would be willing to maintain operational management of the shelter
• Long-term agreement and commitments by participating cities would create stability for animal services in our region
• Shelter capacity would be based on current combined annual intake numbers with room for population growth
• Residents would have one address/location for services that would be easily accessible

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18 Additional Funding Possibilities
•• Non-Profit “Friends of”Non-Profit “Friends of”
•• Establish a non-profit that could actively raise funds for facilities, programs Establish a non-profit that could actively raise funds for facilities, programs and servicesand services
•• Non-profit structure to places on the Board for appointees from each of the Non-profit structure to places on the Board for appointees from each of the participating citiesparticipating cities
•• Grant Funding for Programs and ServicesGrant Funding for Programs and Services •• Request for State or Federal funding assistance based on regional service Request for State or Federal funding assistance based on regional service modelmodel
•• BondsBonds
•• Others as determinedOthers as determined

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19 Proposed New Shelter
• Existing facilities are not compatible with long-term goals and animal housing needs • New shelter location identified on the southwest corner of E. Orange Show Road and S. Washington Ave • City-owned property
• Close to major freeways and main thoroughfares
• Location will be easy for residents to find and access our services • Low-cost clinic open to citizens from participating cities • Resource office to help citizens keep their pets in their homes and out of the shelter • Room for expansion on adjacent parcels
• The shelter can act as a community center for the residents in our Region, offering obedience classes and a meeting location for people and their pets
• Preliminary design has been completed; partners will be invited to participate in the final design of the new regional shelter

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20 Interim Solution for Housing of Animals
• New shelter will not be ready for occupation for 2-3 years • Revisions will need to be made at current facility to accommodate temporary animal housing until we can move to the new shelter • Phased build approach to the new shelter will allow us to occupy both locations at the same time and meet the public’s needs
• Clinic
• Medical ward
• Cats

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21 Beneficial Community Programs
Programs
• Expanded Community Outreach
• Animal Behavior and Enrichment Unit
• Vouchers for Veterinary Care
Positions Needed for Programs
• Dedicated Rescue Coordinator
• Dedicated Community Outreach
Coordinator
• 2 Lead Shelter Attendants
• 1 Additional Shelter Supervisor

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22 Questions

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23 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 1, 2023
To: Honorable Mayor and City Council Members
From: Charles Montoya, City Manager
Kris Watson, Director of Animal Services
Department: Animal Services
Subject: Consideration of Supporting Federal “Supporting our Shelters” Act
Recommendation:

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

1. Approve the draft letter in support of Representative Aguilar’s proposed “Supporting our Shelters Act”

2. Authorize the City Manager to send the letter in support of the “Supporting our Shelters Act” to the United States Congress
Executive Summary
The Federal ”Supporting our Shelters Act”, proposed by Representative Pete Aguilar would establish a source of Federal Funding to support animal shelters. This funding would help all shelters provide programs and services for all animals in their care.

Background
The City of San Bernardino (City) is currently home to 223,230 persons and approximately 57% of households in the City own a pet. According to a Pew Research Center study released in July 2023, 97% of pet owners in the United States believe their pets are part of their family. Studies have proven pet ownership can have positive impacts on health for both pets and people.

Discussion
Pets are a vital part of our communities, however, funding for shelters is inconsistent throughout the country. Municipal shelters like the City’s rely on local funding, grant funding from private and public organizations as well as private donations to cover the

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24 cost of programs and services to the community. Having a source of federal funding to help local organizations support their residents and their pets is crucial to the continued health and wellbeing of our citizens and their companion animals.

The legislation proposed by Representative Aguilar would establish Federal Grant Funding for Animal Shelter Programs like ours. If signed into law, we would be eligible to apply for and receive grant funding to support the pets and people in our City. This funding would be crucial in helping the City expand access to spay/neuter as well as other programs that would strengthen the human-animal bond in our region and lead to a healthier community for all.
2021-2025 Strategic Targets and Goals
The request for support of this Act aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by documenting support for proposed Federal Legislation which could benefit our community.

Fiscal Impact
No Fiscal Impact
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the draft letter in support of Representative Aguilar’s proposed “Supporting our Shelters Act”

2. Authorize the City Manager to send the letter in support of the “Supporting our Shelters Act” to the United States Congress
Attachments
Attachment 1 – “Support our Shelters” Act
Attachment 2 – Draft Letter for Representative Aguilar
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A

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25 ..................................................................... (Original Signature of Member)
118TH CONGRESS
1ST SESSION H. R. ll
To amend the Animal Welfare Act to direct the Secretary of Agriculture to establish a program under which the Secretary will award grants to entities for purposes of supporting the capability of such entities to provide care to animals in their care, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
Mr. AGUILAR introduced the following bill; which was referred to the Committee on llllllllllllll
A BILL
To amend the Animal Welfare Act to direct the Secretary of Agriculture to establish a program under which the
Secretary will award grants to entities for purposes of supporting the capability of such entities to provide care to animals in their care, and for other purposes.

Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Supporting Our Shel-4
ters Act’’. 5
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26 2
SEC. 2. GRANTS TO SUPPORT ANIMAL SHELTERS. 1
Section 28 of the Animal Welfare Act (7 U.S.C. 2
2158) is amended by striking subsection (d) and inserting 3 the following: 4
‘‘(d) GRANTS TO SUPPORT ANIMAL SHELTERS.— 5
‘‘(1) IN GENERAL .—The Secretary shall estab-6
lish a program under which the Secretary will award 7
grants to entities described in subsection (a)(2) for 8 purposes of supporting the capability of such entities 9 to provide care to animals in their care, including 10
feeding, sheltering, veterinary care, recreational ac-11 tivities, and the hiring, training, and retention of 12 staff to provide such care. 13
‘‘(2) TERM.—The term of a grant under this 14
subsection shall not exceed 3 years. Such term is re-15 newable if the grantee submits a report to the Sec-16
retary under paragraph (4) prior to the expiration of 17 the respective term. 18
‘‘(3) REPORT TO SECRETARY .—Beginning not 19
later than 180 days after the date on which the first 20 grant is awarded under this subsection and each 21
year thereafter, each recipient of a grant under this 22 subsection shall submit to the Secretary a detailed 23
accounting of— 24
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27 3
‘‘(A) the number of each species taken into 1
the shelter and the outcome for each species 2
during the period covered by the report; and 3
‘‘(B) how the recipient of the grant used 4
grant funds during the period covered by the 5
report. 6
‘‘(4) REPORT TO CONGRESS .—Beginning not 7
later than 180 days after the date of the enactment 8
of this subsection and each year thereafter, the Sec-9
retary shall submit to the Committee on Agriculture 10
of the House of Representatives and the Committee 11
on Agriculture, Nutrition, and Forestry of the Sen-12
ate a report on the program under paragraph (1), 13
including an accounting of how the funds made 14
available to carry out this subsection were used by 15
recipients of grants under this subsection to improve 16 animal care. 17
‘‘(e) REGULATIONS.—The Secretary shall promulgate 18
regulations to carry out this section. Not later than 180 19 days after the date of the enactment of subsection (d), 20 the Secretary shall promulgate regulations to carry out 21 such subsection.’’. 22
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28 290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | www.SBCity.org November 1, 2023
Honorable Pete Aguilar
Member, U.S. House of Representatives
109 Cannon House Office Building
Washington, DC 20515
RE: Supporting our Shelters Act
Dear Representative Aguilar:

On behalf of the City of San Bernardino, California we would like to voice our support for the Supporting our Shelters Act. This Act would establish grant funding for animal shelters throughout the Country, helping them expand their ability to offer care to animals in their jurisdictions.

The City of San Bernardino is currently home to 223,230 persons, approximately 57% of households in our city own a pet. According to a Pew Research Center study released in July 2023, 97% of pet owners in the United States believe their pets are part of their family. Studies have proven pet ownership can have positive impacts on health for both pets and people.

Pets are a vital part of our communities, however, funding for shelters is inconsistent throughout the Country. Municipal shelters like ours rely on local funding, grant funding from private and public organizations as well as private donations to cover the cost of programs and services to the community. Having a source of Federal funding to help local organizations support their residents and their pets is crucial to the continued health and wellbeing of our citizens and their companion animals.

Thank you for your continued service to our community.

Sincerely,
City Manager

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29 1
6 1
6 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 15, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Mary Lanier, Interim Agency Director of Community, Housing, and Economic Development
Department: Community, Housing, and Economic Development (CED) Subject: Award On-Call Professional Services Agreement with Eagle Eye Demolition, Inc.

Recommendation:

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

1. Approve the award of a Professional Service Agreement with Eagle Eye Demolition, Inc. for on-call board-up and securement abatement services.

2. Authorize the Director of Administrative Services to issue an annual Purchase Order to Eagle Eye Demolition, Inc. in total amount not to exceed $200,000.

Executive Summary
An annual purchase order in the amount of $200,000 is requested for the purpose of an On-Call Professional Services Agreement (PSA) for board-up and abatement services with Eagle Eye Demolition, Inc. A Request for Quote was published on June 6, 2023, with only one contractor’s response, Eagle Eye Demolition, Inc. Staff conducted an evaluation of the company and services and found high ratings for their services and is seeking approval of a PSA. Funding for abatement services is included in the FY 23/24 Budget and funds will be recouped as the property owners are billed for services.

Background
To promote the health, safety, and welfare of the residents, the City may determine that certain buildings and other structures are a nuisance and must be abated. There are times that buildings throughout the City become open and accessible to the public, creating an inviting environment for vagrancy, vandalism, and the illegal occupancy by persons who do not have consent or permission to enter those structures. Additionally,

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6 there are times, because of the execution of various judicial orders, the City must utilize vendors to adequately secure the respective structure(s) through efficient and effective means.

The Code Enforcement Division's budget provides for contracts that conduct abatement services that include securing and cleaning properties. The on-call board up and property cleanup services are utilized by Code Enforcement for securing locations with broken windows or doors and dispensary board-ups.

With the City’s On-Call Professional Services Agreement with Eagle Eye Demolition, Inc. ending on June 30, 2023, a Request for Quote was released that same month seeking proposals for board-up and securement abatement services.

Discussion
On June 6, 2023, Request for Quote F-23-50 (RFQ F-23-50) was published seeking bids to ensure compliance with the City's regulation for on-call board-up and abatement services. One contractor responded to bid F-23-50: Eagle Eye Demolition, Inc., the bid packet scope of work and responses are attached hereto as Attachment 2.

Staff has reviewed all contents of the bid package and confirmed that Eagle Eye Demolition, Inc. is the only responsive and responsible bidder. Also, after evaluations of overall bid specifications, Eagle Eye Demolition, Inc. demonstrated high ratings in their quality, quantity, and delivery of all on-call services. If awarded by the Mayor and City Council, on-call board-up services are anticipated to begin November 2023.

During the last fiscal year, the Code Enforcement Division aggressively responded to over 4,000 annual Code Enforcement requests that include board-ups and abatements of numerous properties, both residential and commercial. Therefore, to maintain the City's ability to effectively abate nuisances, the Community and Economic Development Department is requesting approval to award one vendor, Eagle Eye Demolition, Inc. with a single year contract in the amount not to exceed $200,000.

Additionally, staff is seeking approval to allow for a two one-year renewal options through FY 2025/2026 at the city’s discretion for a total annual amount for each option year not to exceed $200,000, subject to available funds.

Costs associated with boarded up and/or abated property are billed to the property owner. If the timely payment is not received, a lien is recorded against the respective property. Over time, it is expected that the City will fully recover the property abatement costs.
2021-2025 Strategic Targets and Goals
The on-call board-up and abatement service contracts align with Key Target No. 3:

Improved Quality of Life. Specifically, 3d: Improve the City’s appearance, cleanliness, and attractiveness. Board up and abatement services utilize City programs to reduce crime and ensure that neighborhoods and business areas are safe.

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6 Fiscal Impact
There is no fiscal impact associated with this action. Funding for these agreements was included in the FY 2023/24 Adopted Budget.

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

1. Approve the award of a Professional Service Agreement with Eagle Eye Demolition, Inc. for on-call board-up and securement abatement services.

2. Authorize the Director of Administrative Services to issue an annual Purchase Order to Eagle Eye Demolition, Inc. in an annual total amount not to exceed $200,000.

Attachments
Attachment 1: PSA Eagle Eye Demolition On-call board up Attachment 2: Bid Results, On-Call Board-up Services (RFQ-F-23-50) Ward:

All Wards
Synopsis of Previous Council Actions:

October 19, 2022 Mayor and City Council of the City of San Bernardino, California approved the award of a Professional Service Agreement with Eagle Eye Demolition, Inc. for on-call board-up and
securement abatement services; and authorized the Director of Finance to issue a Purchase Order to Eagle Eye Demolition, Inc. in a total annual amount not to exceed $200,000.

March 6, 2019 Mayor and City Council adopted Resolution No. 2019-34, authorizing the City Manager to execute the Second
Amendment to the contractor service agreements with
Absolute Property Preservation and Brett Carlson
Construction, increasing the total to $200,000 per contractor with three single-year renewal options through June 30, 2022; and authorizing the Director of Finance to increase purchase orders to Absolute Property Preservation and Brett Carlson Construction to $200,000 each.

March 10, 2017 Mayor and City Council adopted Resolution No. 2017-37, authorizing the City Manager to execute the first amendment to the contractor services agreements with Absolute Property Preservation and Brett Carlson Construction for “On-Call” Board up and Abatement Services.

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ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND EAGLE EYE DEMOLITION INC
This Agreement is made and entered into as of November 15, 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 EAGLE EYE DEMOLITION INC, a CORPORATION with its principal place of business at 1070 Mildred St. La Verne, CA. 91750 (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:

Board-Ups and After Hour Securement (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” The services shall be more particularly described in the individual Task Order issued by the City or its designee. No services shall be performed unless authorized by a fully executed Task Order in the form attached hereto as Exhibit “B”.

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

4. Compensation.
a. Consultant shall receive compensation, including authorized

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reimbursements, for all services rendered under this Agreement at the rates set forth in the Schedule of Charges attached hereto as Exhibit “A” and incorporated herein by this reference. The maximum compensation for services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total aggregate compensation paid to Consultant under this Agreement shall not exceed the amount set forth in Section 2(b) below.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement and all Task Orders issued hereunder exceed the sum of $ 200,000.00 annually. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty- five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5.Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

6. Term. The term of this Agreement shall be from November 15, 2023, to June 30, 2024, with (2) two, (1) one year options to extend unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

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

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timely manner and shall commence performance upon receipt of a Task Order from the City to proceed.

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

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
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.

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

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

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

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

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

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performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

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

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(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.

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g. N/A
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any

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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. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l. Additional Insurance Provisions

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

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.

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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 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.

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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.

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and

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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 Julio Pineda 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: Christian Marr,
Code Enforcement Div Manager
With Copy To:

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

Eagle Eye Demolition Inc
1070 Mildred St
La Verne, CA. 91750
Attn: Julio Pineda

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.

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

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

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.

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

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

43. Order of Precedence.

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

1. Amendment(s)

2. This Agreement

3. Task Orders

44. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND EAGLE EYE DEMOLITION INC
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

EAGLE EYE DEMOLITION INC
Signature
Name
Title

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EXHIBIT A

SCOPE OF SERVICES
Eagle Eye Demolition Inc will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement.

The following is a non-inclusive description of the project work and/or goods to be provided.

Eagle Eye Demolition shall perform the work specified under the general direction of the Director, Division Manager and/or Project Manager. Warrants or consents must be obtained for emergency services prior to entrance onto property and work completed within the time frame of the warrant.

III. SECURITY SPECIFICATIONS AND CONDITIONS:

Effective immediately, in all areas within the City of San Bernardino, where vandalism is known to cause undue damage to property, such property is to be protected by employing the following minimum-security specifications according to City standards as directed by the Department.

1. All windows and doors shall be secured with ¾ inch thick exterior plywood panels, minimum B-D grade (respectively).

2. Window glass is to be removed if determined to be necessary by the Department and identified by removal location (when installation cannot be made without breakage) before installing boarding. If removed, glass is to be stored inside the living units.

3. All boarding will be fit to the screen inset molding stop or door stop. Maximum clearance at all edges shall be 1/8 inch.

4. All fabricated boards will be plainly marked on their inside surface with the exterior dimensions to the nearest 1/8 inch to facilitate interchange.

5. All exterior storage and utility cabinets located about the property must be secured against wind damage, removal, and to prevent the theft of water heaters, furnaces, etc.

A hasp and padlock must be installed on these doors.

6. All exterior double door cabinets are to be secured by installing a deadbolt and receptacle at the top and bottom to the inside of one of these doors. Install a hasp and padlock to the doors, securing one to the other.

7. Install a hasp and padlock to all garage doors.

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8. All plywood panels to be painted a coordinating color with the structure.

Per the Director or his/her designee, the Contractor may be directed to secure the property utilizing polycarbonate material as per Exhibit 2 specifications and diagram.

IV. GENERAL CONDITIONS:

1. Eagle Eye Demolition and the agents and employees of the Eagle Eye Demolition, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the City.

2. The Department, its officers and employees, shall not be liable for any loss, damage, or injury of any kind or nature as may arise out of any acts, duties, or obligations on the part of Eagle Eye Demolition, his agents, or employees, under this Agreement; nor for any materials or equipment used in performing the work, nor for injury or damage to any person(s), either workmen or the public; nor for damage to adjoining property from any cause whatsoever during the progress of the work or any time before final acceptance.

3. Eagle Eye Demolition shall indemnify and save harmless the Department, its officials and employees from any suits, claims or actions brought by any person or persons for, or on account of any injuries or damages sustained or arising in the consequence thereof.

4. Eagle Eye Demolition shall process and consider all claims for damage or injury in a courteous manner and as promptly, as conditions warrant.

5. Eagle Eye Demolition shall promptly answer inquiries and complaints of the Department, of private property owners, or citizens, relative to any work charges, damages or any other questions that may arise as a result of board up or abatement operations by the Contractor up to seven (7) days after completion.

6. Eagle Eye Demolition shall notify the Department by phone before 4:00 p.m. the same working day or by 8:00 a.m. the next working day in the event that fixtures or utilities are damaged or destroyed by them. Eagle Eye Demolition will then follow up the phone call with a written statement to be submitted with the billing. When Eagle Eye Demolition, or responsible person is unavailable to rectify the situations, the Department shall make necessary arrangements to repair damaged or destroyed items if said damaged or destroyed items affect the health and/or well-being of property owner or adjacent property owners. Eagle Eye Demolition is responsible for correcting, replacing, or paying all damages to property, fixtures, or utilities, whether Eagle Eye Demolition, Property Owner, or City does repairs.

7. Eagle Eye Demolition shall be fully informed of and comply with all existing and future State and/or Federal laws and all City ordinances and regulations of the City which in any manner affect those engaged or employed in the work or the materials used in the work or which, in any way, affect the conduct of the work, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

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8. The Director shall decide all questions which may arise as to the quality or acceptability of work performed, and as to the manner of performance and rate of progress of the work and all questions which arise as to the interpretation of the specifications. All work performed by Eagle Eye Demolition shall be done to the satisfaction of the Director. The Director or authorized representative reserves the right to inspect works as related to the conditions of the Statement of Work and Contract.

9. All equipment and tools shall be furnished, fully operable, operated, and maintained by Eagle Eye Demolition. There will be no extra charge made to the Department for the same. All fuel, materials, supplies, etc., to perform the Agreement shall be furnished at no extra charge to the Department.

10. Before and after any parcel is boarded up or abated, Eagle Eye Demolition shall take two (2) to four (4) clear and precise dated digital photos in color of the property which Eagle Eye Demolition has boarded up or abated, demonstrating the need for these services. Eagle Eye Demolition shall furnish his own camera and memory card or data disc for proper storage of digital photos. Eagle Eye Demolition is responsible for furnishing all photos to the Department at its sole cost and expense. These photos shall be taken immediately before and after board up and abatement work is done and submitted to the Department, together with the billing for the work performed.

If photos do not show justification for charge, payment will not be made. Each photo shall include the date the picture was taken, and the address and Code Enforcement officer’s name assigned to that particular project. Each "after" picture shall be taken from the SAME location as the "before" picture showing some common outstanding landmark. There shall be no charge for digital photos.

11. Eagle Eye Demolition shall formulate their billing invoice and submit it with the photos to the Department within one (1) week of work completion on properties. Eagle Eye Demolition may submit billing invoices via mail or electronically. The Department will expedite payments due to the best of its ability within the framework of Policy.

12. The Department will deduct from billing invoice if the invoice is not submitted within one (1) week of work completion, invoice(s) will be subject to ten percent (10%) reduction if submitted after 1 week of work completion, twenty percent (20%) invoice reduction after two (2) weeks of work completion and will cap off at thirty percent (30%) invoice reduction after three (3) weeks or more of work completion.

13. The Department will deduct errors from future billing upon verification of errors.

Eagle Eye Demolition will be provided an itemized statement describing the deductions.

14. Eagle Eye Demolition shall only bill the Department for on-call services initiated from the Department per the agreement. The Department will not pay for other City departments’ requests for services. All other City departments shall secure their own separate agreement for on-call services.

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15. In the opinion of the Director, if Eagle Eye Demolition is not progressing at a satisfactory rate in work completion, the Director may terminate this Agreement and designate City crews or another City approved Contractor to complete the work.

17. City may require varying response times to include emergencies (1-2 hours), urgency warrants (same day or 24 hours) and non-urgency warrants (1-10 days.) V. LICENSES AND PERMITS:

1. Eagle Eye Demolitions shall procure and keep in force during the term of this agreement any and all licenses and permits required by any Federal, State, or local laws or regulations.

2. Eagle Eye Demolitions shall procure and keep in force during the term of this agreement a valid General Contractor’s License.

VIII. EQUIPMENT SPECIFICATIONS:

1. Eagle Eye Demolition shall use methods and equipment (i.e., hammers, drills, carriage bolts, screws, etc.) deemed adequate to complete all requests for board-up or securement services in a timely manner and to apply the skills and expertise necessary to perform the work competently and efficiently.

IX. DETAILED PERFORMANCE SPECIFICATIONS:

1. All exterior door openings, except the front door and garage door, are to be secured in accordance with the above specifications.

2. The front door is to be secured with plywood over door, complete with two (2) equally spaced Holmes Heavy Duty Security Bolts (padlocks to be provided by Department).

3. Garage door openings when garage door is attached shall be secured with two (2) Holmes Heavy Duly Security Slide Bolts (padlock to be provided by Department), one on each side of the door.

4. All plates, bolts, washers, and nuts used for board-up shall be galvanized or cad plated.

5. Board-up of unusual sized doors, windows, and garage (when garage door is not attached) openings shall be installed per instruction of designated Code Officer.

6. All window openings shall be secured according to the specifications in Section III – SECURITY SPECIFICATIONS AND CONDITIONS.

7. All board-up material shall become the property of the owner of the premises.

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8. Signage shall be posted as follows:
a) 12" x 24" minimum.
b) Incombustible material.
c) Minimum of four (4) holes, the maximum dimension of 1/4", punch or drilled no closer than 3/8" from edge/corner of sign.
d) Attachment: Securely fasten in a conspicuous location on the building. e) Inscription: Character size to be 2 1/2" minimum and 4" maximum in height.

Character color to be black or red set on a white background. The inscription shall read at minimum “No Trespassing PC 602 - Violators will be prosecuted.”

SCHEDULE OF CHARGES

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EXHIBIT B
Sample Task Order Form

TASK ORDER
Task Order No. _______
Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT
Consultant: EAGLE EYE DEMOLITION INC
The Consultant is hereby authorized to perform the following services subject to the provisions of the Agreement identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $200,000.00 Completion Date:_____________
The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified in accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF SAN BERNARDINO EAGLE EYE DEMOLITION INC
Dated: Dated:

By: By:

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0 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 1, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Mary Lanier, Interim Director of Community Development and Housing
Department: Community Development and Housing
Subject: Accept The Homeless Housing, Assistance, and Prevention (HHAP) Round 3 Grant Funds from the County of San
Bernardino in the amount of $808,358.87.

Recommendation:

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

1. Adopt Resolution No. 2023-160, to accept the Homeless Housing, Assistance, and Prevention (HHAP 3) Round 3 Grant funding awarded to the City of San Bernardino through the County of San Bernardino, Office of Homeless Services;

3. Authorize the Director of Finance and Management Services to amend the FY2023/24 Adopted Budget for the HHAP Round 3 Grant, appropriating $808,385.87 in both revenues and expenditures; and

4. Authorize the City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the administration of the HHAP 3 Grant.

Executive Summary

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0 On September 25, 2023, the County of San Bernardino’s Continuum of Care (COC) awarded the City $808,358.87 through the Homeless Housing, Assistance, and Prevention (HHAP 3) Round 3 Grant to help operate its permanent navigation center to assist unhoused men and women with interim housing and wrap-around supportive services. The HHAP 3 Grant contract term is October 3, 2023, to June 30, 2026. There is no fiscal impact to the City for accepting the HHAP 3 award.

Background
The Homeless Coordinating and Financing Council (HCFC) released a Notice of Funding Availability on December 17, 2021, for Homeless Housing, Assistance and Prevention (HHAP 3) Round 3 grant funding. HHAP 3 is a $1 billion block grant program authorized by AB 140 (Health & Safety Code § 50218.6, et seq.), which was signed into law by Governor Gavin Newsom on July 19, 2021. The City applied through the County's COC for the Central Valley Region.

HHAP 3 is designed to build on regional coordination developed through previous rounds of the Homeless Emergency Aid Program (HEAP), HHAP, and COVID-19 funding. HHAP 3 funds should be used to continue to build regional coordination and a unified regional response to reduce and end homelessness informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing.

Residents see the devastating effects homelessness has on individuals and the community and desire an effective and compassionate solution. Successful mitigation of homelessness will require the commitment of both the City and County because each entity is responsible for different aspects of the solution, with the County primarily being responsible for mental health, general health, and social services. To ensure positive outcomes, both the City and County will need to work together to establish multi-year funding to help streamline and expedite responses to homelessness. Including monitoring, applying, and evaluating additional funding sources as they become available through the COC.

Discussion
This HHAP 3 award will provide the City with financial assistance to operate a 200-bed, permanent, year-round, low-barrier navigation center to assist unhoused men and women. The scope of work for the permanent navigation center will include the following:
•Case Management
•Substance Use Counseling
•Behavioral Health Services
•Physical Health Services
•Housing Navigation/Tenancy Support
•Life Skills Training/Financial Literacy Classes

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0 •Rental & Utility Assistance (for those at risk of homelessness) •Pet Care
•Assistance with Documentation Readiness, and
•Help with Income Stabilization
•Assistance with Public Benefit Application
•Job Readiness Training/Job Placement
The HCFC strongly encourages applicants to prioritize the use of HHAP 3 funds to assist people experiencing literal homelessness to move into safe, stable housing, including innovative, interim housing. HHAP 3 funding should be housing-focused -- either funding permanent housing interventions directly or, if used for shelter or street outreach, having clear pathways to connect people to permanent housing options.

The term of the HHAP 3 contract becomes effective October 3, 2023, and expires June 30, 2026, but may be terminated earlier in accordance with the provisions outlined in the HHAP 3 Contract. The support through the Continuum of Care from the County, with HHAP 3 funds, will contribute towards operational costs associated with operating the City’s permanent navigation center. The Housing Division will continue to monitor future funding opportunities through the Continuum of Care. This is aligned with the Homelessness State of Emergency Implementation Plan.

Mayor, City Council, and City Manager Goals and Objectives Expanding accessibility to shelter and housing will improve the quality of life for unhoused residents. Utilizing HHAP 3 funds aligns with Strategic Target No. 3: Improved Quality of Life.

Fiscal Impact
There is no General Fund impact with this item. The FY2023/2024 budget will be amended by $808,385.87 for the Homeless Housing, Assistance, and Prevention Program.

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

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0 3. Authorize the Director of Finance and Management Services to amend the FY2023/24 Adopted Budget for the HHAP Round 3 Grant, appropriating $808,385.87 in both revenues and expenditures; and

4. Authorize the City Manager or designee to take any further actions and execute any further agreements or documents as necessary to effectuate the administration of the HHAP 3 Grant.

Attachments
Attachment 1 Resolution No. 2023-160
Attachment 2 OHS HHAP 3 Contract
Ward:

All Wards
Synopsis of Previous Council Actions:

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

December 7, 2022 Mayor and City Council approved a Homelessness Solutions Action Plan, Mayor and City Council
authorized the use of over $24,500,000 in ARPA funds
for the development of a Navigation Center, State of
California HomeKey Round 3 Projects,
Homeless/Street Outreach, Mobile Shower Expansion
and three years operational expenses associated with
the Navigation Center.
. .

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Resolution 2023-160
November 1, 2023

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RESOLUTION NO. 2023-160

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT THE

HOMELESS HOUSING, ASSISTANCE, AND PREVENTION
(HHAP) ROUND 3 GRANT FUNDS FROM THE COUNTY

OF SAN BERNARDINO
WHEREAS, the San Bernardino City and County Continuum of Care (SBC CoC) has been allocated funds by the State of California, Homeless Coordinating and Financing Council in the Business, Consumer and Housing Agency, hereinafter called State, under the Homeless Housing, Assistance and Prevention Round 3 (HHAP-3) Program authorized by AB 140 (Health & Safety Code § 50218.6, et seq.), which was signed into law by Governor Gavin Newsom on July 19, 2021; and
WHEREAS, the San Bernardino County (County) Office of Homeless Services, hereinafter referred to as OHS, is the Administrative Entity authorized to act on behalf of the County to administer HHAP-3 as designated by the San Bernardino County Continuum of Care (CoC), the eligible recipient of HHAP-3 funding; and
WHEREAS, the SBC CoC conducted a competitive process to award the City of San Bernardino the HHAP-3 funds in the amount of $808,385.87 and WHEREAS, the City of San Bernardino has the required qualifications, experience, and expertise to provide services and is willing to use the HHAP-3 funds to serve individuals and families experiencing homelessness; and
WHEREAS, the County desires that such services be provided by the City and the City agrees to perform these services as set forth below;

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

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

SECTION 2. The City Manager is authorized to execute an agreement between the City of San Bernardino and OHS for the HHAP-3 Program and execute any documents as may be necessary to accept the grant funds.

SECTION 3. The Agency Director of Administrative Services is authorized to amend the FY 2023/24 Budget by appropriating $808,385.87 in revenue and expenditure.

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November 1, 2023

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of November 2023.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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November 1, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-160, adopted at a regular meeting held on the 1 st day of November 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2023.

Genoveva Rocha, CMC, City Clerk

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THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Community Revitalization
Office of Homeless Services
Department Contract Representative Carrie Harmon
Telephone Number (909) 382-3983
Contractor City of San Bernardino
Contractor Representative Cassandra Searcy
Telephone Number (909) 384-5122
Contract Term October 3, 2023–June 30, 2026
Original Contract Amount $808,385.87
Amendment Amount N/A
Total Contract Amount $808,385.87
Cost Center 6210002479
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, the San Bernardino City and County Continuum of Care (SBC CoC) has been allocated funds by the State of California, Homeless Coordinating and Financing Council in the Business, Consumer and Housing Agency, hereinafter called State, under the Homeless Housing, Assistance and Prevention Round 3 (HHAP-3) Program authorized by AB 140 (Health & Safety Code § 50218.6, et seq.), which was signed into law by Governor Gavin Newsom on July 19, 2021; and
WHEREAS, the San Bernardino County (County) Office of Homeless Services, hereinafter referred to as OHS, is the Administrative Entity authorized to act on behalf of the County to administer HHAP-3 as designated by the San Bernardino County Continuum of Care (CoC), the eligible recipient of HHAP-3 funding; and WHEREAS, the SBC CoC conducted a competitive process to find the City of San Bernardino (Contractor) to provide these services, and
WHEREAS, Contractor has the required qualifications, experience and expertise to provide services and is willing to use State funds to serve individuals and families experiencing homelessness; and WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below;
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

Contract Number

SAP Number

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TABLE OF CONTENTS

SECTION PAGE
A. DEFINITIONS 3
B. CONTRACTOR RESPONSIBILITIES 6
C. GENERAL CONTRACT REQUIREMENTS 14
D. TERM OF CONTRACT 22
E. COUNTY RESPONSIBILITIES 23
F. FISCAL PROVISIONS 23
G. INDEMNIFICATION AND INSURANCE REQUIREMENTS 23
H. RIGHT TO MONITOR AND AUDIT 26
I. CORRECTION OF PERFORMANCE DEFICIENCIES 27
J. NOTICES 27
K. ENTIRE AGREEMENT 27
L. ELECTRONIC SIGNATURES 27

ATTACHMENTS
EXHIBIT I – HHAP-3 AWARD BY CATEGORY
EXHIBIT 2 – SCOPE OF WORK
EXHIBIT 3 – HHAP-3 REPORTING REQUIREMENTS
EXHIBIT 4 – HMIS CLIENT DATA REPORT SAMPLE
EXHIBIT 5 – HMIS DATA QUALITY REPORT
EXHIBIT 6 – CALIFORNIA WELFARE AND INSTITUTIONS CODE SECTION 8255 EXHIBIT 7 – HHAP-3 EXPENDITURE REPORT

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A. DEFINITIONS
A.1 Administrative Entity: A unit of general-purpose local government (city, county, or a city that is also a county) or nonprofit organization that has (1) previously administered federal Department of Housing and Urban Development (HUD) Continuum of Care (CoC) funds as the collaborative applicant pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations, and (2) been designated by the CoC to administer program funds.

A.2 Case Management: The coordination of community-based services by a professional team to provide people the quality health care that is customized accordingly to an individual’s setbacks or persistent challenges and aid them to their recovery. In addition, it can be defined as a collaborative process that assesses, plans, implements, coordinates, monitors, and evaluates the options and services required to meet the client’s health and human service needs.

A.3 Continuum of Care (CoC): The group organized to carry out the responsibilities required under this part and that is composed of representatives of organizations, including nonprofit homeless providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extent these groups are represented within the geographic area and are available to participate.

A.4 Continuum of Care (CoC) Services Providers: A network of Community Based Organizations partnered with the SBC CoC to provide services to homeless individuals and families.

A.5 Coordinated Entry System (CES): The CES is a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.” A.7 Emergency Aid: Any urgent and immediate services, which include housing that will be provided to homeless individuals. Broad categories of uses include, but are not limited to, shelters, shelter beds, public toilets, shower facilities, tiny-shed homes, etc.

A.8 Emergency Shelter: Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of any inability to pay.

A.9. General Service Area: The geographically defined area where a service entity provides outreach and direct services to homeless people.

A.10 Homeless: The same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019:
(1) An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
(i) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; (ii) An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, State, or local government programs for low-income individuals); or
(iii) An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution;
(2) An individual or family who will imminently lose their primary nighttime residence, provided that:

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(i) The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;
(ii) No subsequent residence has been identified; and
(iii) The individual or family lacks the resources or support networks, e.g., family, friends, faith- based or other social networks, needed to obtain other permanent housing; (3) Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:
(i) Are defined as homeless under section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), section 637 of the Head Start Act (42 U.S.C. 9832), section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e–2), section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), or section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);
(ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance;
(iii) Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and (iv) Can be expected to continue in such status for an extended period of time because of chronic disabilities; chronic physical health or mental health conditions; substance addiction; histories of domestic violence or childhood abuse (including neglect); the presence of a child or youth with a disability; or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or (4) Any individual or family who:
(i) Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;
(ii) Has no other residence; and
(iii) Lacks the resources or support networks, e.g., family, friends, and faith-based or other social networks, to obtain other permanent housing.

A.11 Homeless Management Information System (HMIS): A web-enabled database used by homeless service providers to capture information about the San Bernardino County persons they serve.

The database tracks services provided to homeless individuals and families by the collaborative agencies. Services tracked include: emergency, transitional, and permanent housing bed usage, employment, veteran’s status, as well as referrals to health and human service providers, or other relevant supportive service agencies. As required by the U.S. Department of Housing and Urban Development, the Continuum of Care utilizes the captured information to make informed decisions in planning, homeless advocacy, and policy development that result in target services. HMIS also includes that use of a comparable database by a victim services provider or legal services provider that is permitted under Part 576 of Title 24 of the Code of Federal Regulations.

A.12 Homeless Youth: An unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act [42 U.S.C. Sec. 11434a(2)]; includes unaccompanied youth who are pregnant or parenting.

A.13 Housing First: An approach to quickly and successfully connect individuals and families experiencing homelessness to permanent housing without preconditions and barriers to entry, such as sobriety, treatment or service participation requirements. Supportive services are offered to maximize housing stability and prevent returns to homelessness as opposed to addressing predetermined treatment goals prior to permanent housing entry.

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A.14 Housing Search and Placement: Services to assist clients to locate, secure, and navigate the rental market. Housing Search and Placement activities may include, but are not limited to, unit identification, unit inspection, determining rent reasonableness, contracts, advocating for households, land/lord/ tenant mediation, and any other housing requirements.

A.15 Interagency Council on Homelessness (ICH): The policy making body for the San Bernardino County Homeless Partnership. ICH works to ensure that the recommendations listed in the County’s 10- Year Strategy to End Homelessness are realized. ICH Membership is composed of elected officials, state and local representatives, community and faith-based organizations, and corporate advocates.

A.16 Instance of Service: Each encounter with a member of the target population where services are provided for each of the eligible grant activities. For example, one individual checks into a warming center operated by Provider X on Tuesday. The same individual checks into the same warming center the next night. This counts as two instances of service for this activity.

A.17 Navigation Center: A Housing First, low barrier, service-enriched shelter focused on moving homes individuals and families into permanent that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

A.18 Office of Homeless Services (OHS): The lead agency for the San Bernardino County Continuum of Care (SBC CoC). The SBC CoC coordinates services with the San Bernardino County Homeless Partnership consisting of community and faith-based organizations, educational institutions, non-profit organizations, private industry, and Federal, State and local governments.

A.19 Permanent Supportive Housing (PSH): Low-barrier permanent housing with services. The type of services depends on the needs of the residents. Services may be short-term, sporadic, or ongoing indefinitely. PSH units are for individuals and families who are homeless or chronically homeless. PSH is housing combined with services, which may include mental health and health services, drug and alcohol treatment, education and job training.

A.20 Point-In-Time-Count (PITC): An unduplicated one-night estimates of both sheltered and unsheltered homeless populations conducted by Continuums of Care nationwide on a predetermined date within the last 10 days of each January pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations.

A.21 Program: The Homeless Housing, Assistance and Prevention Round 3 (HHAP-3) Program, established pursuant to Chapter 5 of Part 1 of Division 31 of the Health and Safety Code, and HHAP-3 are used interchangeably throughout this document.

A.22 Rapid Re-Housing (RRH): An intervention designed to help individuals and families quickly exit homelessness and return to permanent housing. Using the Housing First model, move families and individuals into permanent affordable housing as quickly as possible with minimal barriers, assist with move-in costs such as security and utility deposits and short-medium term declining rental subsidies, and provide intensive social services while families or individual’s stability and equip them with skills and resources they need to sustain and thrive in housing and avoid future homelessness.

A.23 San Bernardino County Continuum of Care (SBC CoC): Provides leadership in creating a comprehensive countywide network of service delivery to homeless individuals and families and those at-risk of becoming homeless.

A.24 State of California, Homeless Coordinating and Financing Council (State): Created pursuant to Section 8257 of the Welfare and Institutions Code to, among other things, identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California.

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A.25 Subcontractor: An individual, company, firm, corporation, partnership or other organization, not in the employment of or owned by Contractor who is performing services on behalf of Contractor under a separate contract with or on behalf of Contractor.

A.26 Target Population: Any person who is homeless as defined for this grant (see A.10 above).

A.27 Transitional Housing (TH):Designed to provide homeless individuals and families with the interim stability and support to successfully move to and maintain permanent housing. TH may be used to cover the costs of up to 24 months of housing with accompanying supportive services.

A.28 United States Department of Housing and Urban Development (HUD): A Federal agency established in 1965, HUD’s mission is to increase homeownership, support community development, and increase access to affordable housing free from discrimination. To fulfill this mission, HUD will embrace high standards of ethics, management and accountability and forge new partnerships, particularly with faith-based and community organizations, that leverage resources and improve HUD’s ability to be effective on the community level.

B. CONTRACTOR RESPONSIBILITIES
B.1 General Requirements
B.1.1Contractor shall be in compliance with all applicable Federal, State, and local laws, required to perform this Contract. Contractor shall be required to repay the County in the event of non-compliance with any applicable law if the County is required to repay any amount of funds to the State as a result of Contractor’s non-compliance.

B.1.2Contractor and its Subcontractors shall perform the work in accordance with Federal, State and local housing and building codes, as applicable.

B.1.3Contractor shall be responsible to accomplish the levels of performance as set forth in Exhibit 1 – HHAP AWARD BY CATEGORY and report such measures quarterly to the County with each quarterly expenditure report. The County will review Contractor performance to assess expenditure and performance progress. If Contractor is not meeting expenditure and performance measures, the County will work with Contractor to identify strategies and remediate performance issues.

B.1.4Contractor’s obligation to the County shall not end until all closeout requirements are completed. Activities during closeout period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent funds, and accounts receivable to the County), and determining the custodianship of records.

B.2 Scope of Work
The project description for services to be provided by Contractor under this Contract are identified in Exhibit 2 – SCOPE OF WORK.

B.3 Administrative Requirements
Contractor shall adhere to the following:

B.3.1Coordinated Entry System (CES)
a.The CES is a referral process that currently coordinates with the SBC CoC. All those participating with CES will need to apply to participate with the Homeless Management Information System (HMIS).
b.Contractor must work in collaboration with CES and SBC CoC to ensure the screening, assessment, and referral of HHAP participants are consistent with the eligible uses under HHAP.
c.Contractor agrees to receive referrals from CES prior to providing services with the exception of individuals receiving emergency assistance. In such cases, immediate services can be provided, but individuals and/or families must be referred by Contractor to CES for assessment and prioritization within seventy-two

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(72) hours. Contractor understands that individuals and/or families may not be referred to Contractor and may be referred to another service provider based upon the CES assessment.

B.3.2Data Reporting
a.Contractor will submit to OHS detailed reports containing information listed in Exhibit 3 – HHAP REPORTING REQUIREMENTS.
b.A report will be due forty-five (45) days after the date of expiration of this Contract or upon completion of Contract services.
c.Contractor shall submit additional reports as required by the State or County.

B.3.3Equipment and Other Property
All equipment, materials, supplies or property of any kind (including vehicles, publications, copyrights, etc.) purchased with HHAP-3 funds received under the terms of this Contract which has a life expectancy of one (1) year or more shall be the property of the County and shall be subject to the provisions of this paragraph. The disposition of equipment or property of any kind shall be determined by the County when the Contract is terminated.

Additional terms are as follows:
a.The purchase of any furniture or equipment which was not included in Contractor’s approved budget, shall require the prior written approval of the County, and shall fulfill the provisions of this Contract which are appropriate and directly related to Contractor’s services or activities under the terms of the Contract. The County may refuse approval for any cost resulting from such items purchased, which are incurred by Contractor, if prior written approval has not been obtained from the County.
b.Before equipment purchases made by Contractor are approved by the County, Contractor must submit paid vendor receipts identifying the purchase price, description of the item, serial numbers, model number and location where equipment will be used during the term of this Contract. c.Contractor shall submit an inventory of equipment purchased under the terms of this Contract as part of the expenditures report for the month in which the equipment is purchased. Contractor must also maintain an inventory of equipment purchased that, at a minimum, includes the description of the property, serial number or other identification number, title holder, acquisition date, cost of the equipment, location, use and condition of the property, and ultimate disposition data. A physical inventory of the property must be reconciled annually. Equipment should be adequately maintained and a control system in place to prevent loss, damage, or theft. Equipment with cost exceeding County’s capitalization threshold of $5,000 must be depreciated.
d.No costs incurred prior to the Contract commencement date shall be eligible for reimbursement with HHAP-3 funds.
e.Upon termination of this Contract, Contractor will provide a final inventory to the County and shall at that time query the County as to requirements, including the manner and method in returning equipment to the County. Final disposition of such equipment shall be in accordance with instructions from the County.

B.3.4Financial Management
a.Review, understanding, and certification that quarterly expenditure reports submitted to the County meet eligible expenses under HHAP-3 and State requirements. The County shall have no obligation to advance or pay Contractor with any funds other than HHAP-3 funds the County receives from the State. b.Contractor attests that by submitting a quarterly expenditures report to OHS, it has completed all due diligence necessary and verified eligibility for HHAP-3 funding.

Contractor shall be required to repay County for non-eligible expenditures that may inadvertently be processed by the County.

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c.Budget Changes – Contractor agrees that no changes shall be made to Contractor’s HHAP-3 budget without first obtaining approval. No more than the amounts specified in Exhibit 1 – HHAP-3 AWARD BY CATEGORY may be spent for the separate cost categories specified in the budget summary. Any changes to this Contract must be requested by Contractor in writing through OHS. Changes must be approved by the County and/or the State.
d.Documentation of Costs and Other Financial Reporting
Contractor will be required to maintain books, records, documents, and other evidence directly related to the performance of work in accordance with Generally Acceptable Accounting Procedures. Costs shall be supported by properly executed payrolls, time records, invoices, receipts, vouchers or other official documentation, as evidence of the nature and propriety of the charges.

All accounting documents pertaining in whole or in part to this Contract shall be clearly identified and readily accessible, and upon reasonable notice, the County shall have the right to audit the records of the Contractor as they relate to the Contract and the activities and services described herein.

Contractor shall also:
1)Maintain an effective system of internal fiscal control and accountability for all HHAP-3 funds and property acquired or improved with HHAP-3 funds, and make sure the same are used solely for authorized purposes. 2)Keep a continuing record of all disbursements by date, payment method, amount, vendor, description of items purchased and line item from which the money was expended, as reflected in the Contractor’s accounting records.
3)Maintain payroll, financial, and expense reimbursement records for a minimum period of five (5) years after the termination of this Contract. 4)Permit inspection and audit of its records with respect to all matters authorized by this Contract by representatives of the County at any time during normal business hours and as often as necessary. 5)Inform the County concerning any funds allocated to Contractor, that the Contractor anticipates will not be expended during the term of this Contract. 6)Repay the County any funds in its possession at the time of the termination of this Contract that may be due to the County; e.g., ineligible costs, unexpended funds, etc.

B.3.5Funding
a.This Contract is valid and enforceable only if sufficient funds are made available to County by legislative appropriation. In addition, this Contract is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether Federal or those of the State, or of any agency, department, or any political subdivision of Federal or the State governments, which may affect the provisions, terms or funding of this Contract in any manner. b.Contractor must establish and maintain effective internal controls over all funding awarded to Contractor by the County to provide reasonable assurance that Contractor complies with Federal, State, and County statutes, regulations, and terms and conditions of the Contract.
c.County may base funding for Contractor upon positive performance outcomes, which OHS will monitor throughout the year.
d.Contractor must be able to demonstrate that HHAP-3 funds were expended for eligible uses to benefit members of the Target Population. e.Funds allocated pursuant to this Contract shall be used exclusively for costs included in Contractor’s Program budget. Contract funds shall not be used as

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security or to guarantee payments for any non-program obligations nor as loans for non-program activities.
f.Contractor certifies and agrees that it will not use funds provided through this Contract to pay for entertainment, gifts, or fundraising activities. g.Ineligible Costs – HHAP-3 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of HHAP-3 and the eligible uses identified in California Health and Safety Code Sections 50218 and 50219.

The County or the State reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Contract. If Contractor or its Subcontractors use HHAP-3 funds to pay for ineligible activities, Contractor shall be required to reimburse these funds to the County within thirty (30) days of the request. 1)An expenditure which is not authorized by this Contract, or which cannot be adequately documented, shall be disallowed and must be reimbursed to the County by Contractor.
2)The State, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures of HHAP-3 funds. 3)Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HHAP-3 funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if funds previously supporting a service or project end or are reduced for reasons beyond the control of Contractor and services or housing capacity will be lost as a result of these funds ending, HHAP-3 funds may be used to maintain the service or program and are not considered supplanting [examples include, but are not limited to, a time-limited city and/or county tax or one-time block grant, such as Homeless Emergency Aid Program (HEAP) grant].
h.Contractor must expend:
1)No less than fifty percent (50%) of HHAP-3 funds by May 31, 2024; 2)One hundred percent (100%) of HHAP-3 funds by June 30, 2026; and “Expend” means all HHAP-3 funds obligated under this Contract have been fully paid and receipted, and no invoices remain outstanding.” Reports submitted by the Contractor will be used to ensure that Contractor is on track to expend fifty percent (50%) of HHAP-3 funds by May 31, 2024 and one hundred percent (100%) of HHAP-3 funds by June 30, 2026. Contractor may submit a request to OHS prior to May 31, 2024 if Contractor is not on track to expend 50% of the HHAP-3 funds by May 31, 2024 proposing an alternative expenditure rate to meet the June 20, 2026 100% expenditure deadline with justification. The Chief of Homeless Services may approve, modify, or deny such request.

If, by January 1, 2026, Contractor has not submitted reports showing an expenditure of at least eighty percent (80%) of the HHAP-3 funds, the remaining twenty percent (20%) will be returned and reallocated.
i.HHAP-3 funds may not be obligated and expended prior to the effective date of this Contract. “Obligate” means that Contractor has placed orders, entered into sub-contracts, received services, or entered into similar transactions that require payment from the Contract award.
j.All proceeds from any interest-bearing account established by the Contractor for the deposit of HHAP-3 funds must be used for HHAP-eligible activities.

Documentation of all expenditures and accrued interest shall be reported on the forms provided by OHS (i.e., Exhibit 7 – HHAP-3 Expenditure Report).

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k.Any housing-related activities funded with HHAP-3 funds, including but not limited to, emergency shelter, rapid-rehousing, rental assistance, transitional housing and permanent supportive housing must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b).
l.Contractor confirms that rental assistance will be issued directly to a property owner or an agent authorized to act on behalf of a property owner. m.Joint Funding – For all programs and services for which there are sources of funds in addition to County funds as provided under this Contract, Contractor shall provide proof of such funding. Contractor must be able to account for the receipt, obligation and expenditure of funds.

The County shall NOT pay for any services provided by Contractor which are funded by other sources. All restrictions and/or requirements provided in this Contract relative to accounting, budgeting, and reporting apply to the total program regardless of funding sources.
n.The County reserves the right to reduce the Contract award when the County’s fiscal monitoring indicates that Contractor’s rate of expenditure will result in unspent funds at the end of the Contract term or if it is determined that costs incurred are not in conformance with eligible costs as defined in Health and Safety Code Section 50214. Changes in the Contract award will be done after consultation with Contractor. Such changes shall be incorporated into this Contract by written amendment(s).

B.3.6Fiscal Award Monitoring
a.The County has the right to monitor the Contract during the Contract period to ensure accuracy of expenditure reports and compliance with applicable laws and regulations.
b.Contractor agrees to furnish duly authorized representatives from the County and the State access to all financial records necessary to review or audit Contract services and to evaluate the cost, quality, and appropriateness of services. c.If the State or the County determines that all, or any part of, the payments made by the County to Contractor pursuant hereto are not eligible expenses in accordance with this Contract, said funds will be repaid by Contractor to the County. In the event such payment is not made on demand, the County may withhold future disbursements to Contractor until such disallowances are paid by Contractor. If disallowable expenses are not reimbursed within thirty (30) days of demand, the Contract will terminate without consultation at the County’s sole and absolute discretion.
d.If there is a conflict between a State audit of this Contract and a County audit of this Contract, the State audit shall take precedence.

B.3.7Closeout
Contractor shall submit a closeout report including a narrative of the project outcomes, an inventory of all equipment and property acquired or improved by HHAP funds, and a final financial report, upon termination or completion of the services specified in this Contract.

Contractor agrees to adhere to and comply with all of the closeout procedures detailed below; including, but not limited to the following:
a.Disposition of Program assets shall be determined by the County when the Contract is terminated.
b.Contractor shall submit within forty-five (45) days after the date of expiration of this Contract, all financial, performance, and other reports required by this Contract; and in addition, will cooperate in a Program audit by the County.

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c.Any unobligated/unexpended funds disbursed in advance to Contractor shall be returned to the County within thirty (30) days after the expiration of the Contract term, or in accordance with Section B.3.5.h, whichever occurs first. This obligation shall survive the expiration of the Contract.
d.Contractor must account for any real and personal property acquired with HHAP- 3 funds.
e.Closeout will remain pending until all requirements are met and all outstanding issues with the Contractor have been resolved to the satisfaction of the County.

B.3.8Homeless Management Information System
The HMIS is a local database application used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness in the County. Contractor must ensure that data on all persons served are entered into the countywide HMIS. HMIS is managed and operated by OHS. HMIS technical and data standards are set forth in the Final 2017 HMIS Data Standards, on file with OHS.
a.Contractor shall enter into a Memorandum of Understanding (MOU) with the HMIS Lead Agency where the Contractor agrees to share HMIS data with other HHAP funded agencies, unless prohibited by law.
b.Contractor is required to work with OHS staff to ensure the timely and accurate set-up of their HMIS program profile and to ensure the HMIS program profile is setup in a manner that accurately captures the data pertinent to Contractor’s program. Contractor’s program profile must be setup prior to Contractor submitting their first HHAP Disbursement Request form.
c.Contractor shall submit a copy of HMIS reports (see Exhibit 4 – HMIS DATA REPORT SAMPLE) with the quarterly expenditure reports. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the Contractor is using a comparable database shall be delivered to the County. The contact information for the "HMIS Lead Agency" is:

Robin Kennedy, HMIS Lead
San Bernardino County
Office of Homeless Services
560 E. Hospitality Ln., Ste. 200
San Bernardino CA 92415-0044
[email protected]
Phone: 909-501-0610
d.Contractor must ensure all required data elements, as listed below, are entered into the HMIS system for HHAP-3 participants, in a timely manner, and is inputted no later than two (2) working days after program entry. Services rendered to clients must be entered into HMIS no later than two (2) working days from date of service(s). All clients who exit the program must have an updated status in HMIS within two (2) working days from actual exit date. Failure to meet the above data inputting requirements will constitute a violation of the terms and conditions of this Contract. Contractor will be notified by OHS, and if not rectified, the Contract may be terminated at the County’s sole and absolute discretion. e.In addition to the timely entry of HMIS data, Contractor is required to enter accurate and complete data. The County will ensure Contractor adheres to Data Quality Standards, as established by HUD, and data entry requirements, as set forth in the HMIS MOU and the OHS Policy Handbook. The Data Quality Standards assess the data quality and completeness of the following Data Elements entered:
1)Client Demographic Data
a)Name
b)Social Security Number

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c)Date of Birth
d)Race
e)Ethnicity
f)Gender
g)Veteran Status
2)Universal Data
a)Disabling Condition
b)Project Start Date
c)Project Exit Date
d)Destination
e)Relationship to Head of Household
f)Client Location
g)Housing Move-in Date
h)Living Situation
3)Common Program Specific Data Elements
a)Income and Sources
b)Non-Cash Benefits
c)Health Insurance
d)Disability Elements
e)Physical Disability
f)Developmental Disability
g)Chronic Health Condition
h)HIV/AIDS
i)Mental Health Problem
j)Substance Abuse
k)Domestic Violence
l)Contact
m)Date of Engagement
n)Bed-Night Date
o)Housing Assessment Disposition
4)Data Timeliness
a)Entry Timeliness
b)Exit Timeliness
f.According to Data Quality Standards, Contractor is required to have a five-percent (5%) or less error rate to ensure data accuracy and less than a five-day lapse in timeliness for entry of data at time of client entry, services are rendered, and client exit. Any performance benchmarks not meeting these standards will be captured on Contractor’s HMIS Data Quality Report Sample, see Exhibit 5. The report will be generated by Contractor and submitted quarterly with expenditure reports. OHS will review reports and data deficiencies, if any, will be identified and discussed with Contractor to determine methods to remediate and/or improve data quality scores.

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g.If Contractor continues to not meet data entry and data quality benchmarks, as established by HUD and set forth in the HMIS MOU and the OHS Policy Handbook, County may terminate Contract as set forth in CORRECTION OF PERFORMANCE DEFICIENCIES Section.
h.Contractor agrees to provide the County and/or the State access to HMIS data collected and entered into HMIS, upon request, and to participate in any statewide data initiative as directed by the State including, but not limited to, a statewide data integration environment.

B.3.9Housing First
The methodology of providing services will follow the Housing First policy. This is an approach that offers permanent, affordable housing as quickly as possible for individuals and families experiencing homelessness, and then provides the supportive services and connections to the community-based supports people need to avoid returning to homelessness. HHAP projects must align and comply with the core components of Housing First as defined in California Welfare and Institutions Code Section 8255(b) (see Exhibit 6).

B.3.10Program Participant Eligibility
Contractor shall ensure that:
a.HHAP-3 participants meet the Homeless definition as defined in Section 578.3 of Title 24 of the Code of Federal Regulations:
1)An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
a)An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;
b)An individual or family living in a supervised publicly or privately- operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by Federal, State and local government programs for low-income individuals); or
c)An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.
2)An individual or family who will imminently lose their primary nighttime residence, provided that:
a)The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;
b)No subsequent residence has been identified; and
c)The individual or family lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing;
3)Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:
a)Are defined as homeless under Section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), Section 637 of the Head Start Act (42 U.S.C. 9832), Section 41403 of the Violence Against

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Women Act of 1994 (42 U.S.C. 14043e-2), Section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), Section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), or Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);
b)Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance; c)Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and
d)Can be expected to continue in such status for an extended period of time because of chronic disabilities; chronic physical health or mental health conditions; substance addiction; histories of domestic violence or childhood abuse (including neglect); the presence of a child or youth with a disability; or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or
4)Any individual or family who:
a)Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life- threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;
b)Has no other residence; and
c)Lacks the resources or support networks, e.g., family, friends, and faith-based or other social networks, to obtain other permanent housing.
b.HHAP-3 participants are referred by CES to Contractor. c.Contractor coordinates Program enrollment and services in collaboration with CES.

B.3.11Job Training and Employment
Contractor agrees to refer HHAP-3 clients that are eligible for job training and employment services to the County of San Bernardino Workforce Development Department (WDD).

Contractor also agrees to refer eligible “work ready” clients to the County’s Community Employment Pathways (CEP) program for job placement services. Number of participants who have been referred to WDD and CEP will be reported on a quarterly basis by Contractor.

B.3.12Staffing Requirements
Contractor shall provide the necessary professional staff to meet the needs of the homeless population following the Housing First model (ex. Case managers, Clinicians, medical staff, peer advocates, employment specialists, and eligibility specialists).

Contractor must have the readiness capacity to immediately perform and administer homeless efforts through HHAP funding.

C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals

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The recitals set forth above are true and correct and incorporated herein by this reference.

C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.

C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney’s fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney’s fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

C.9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous

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posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have the right to require Contractor’s employees, agents, representatives and subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure the names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any purpose other than carrying out the Contractor's obligations under this Contract, except as may otherwise be required by law. This provision will remain in force even after the termination of the Contract.

C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

C.12 County Representative
The Director of Community Development and Housing or his/her designee shall represent the County in all matters pertaining to the services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. If this contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

C. 14 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).

Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

C.15 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:

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C.15.1Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

C.15.2Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C.15.3Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.

Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

C.18 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.

C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

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C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.

To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or

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otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV–Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

C.29Reserved
C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.

C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

C.33 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.

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C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

C.36 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.

For any subcontractor, Contractor shall:

36.1Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and

36.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.

36.3Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.

C. 37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

C.38 Termination for Convenience
The County reserves the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Contractor shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.40 Venue

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The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.

Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.

The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.

Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those

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individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.

C.44Reserved
C.45Reserved
C.46 Iran Contracting Act
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable.

Contractors are cautioned that making a false certification may subject the Contractor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205.

C.47Reserved
C.48Reserved
C.49 Reserved
C.50 Executive Order N-6-22 Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions), as well as any sanctions imposed under state law (https://www.dgs.ca.gov/OLS/Ukraine-Russia). The EO directs state agencies and their contractors (including by agreement or receipt of a grant) to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should it be determined that Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. Contractor shall be provided advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response.

Termination shall be at the sole discretion of the County.

C.51Reserved
C.52 Reserved
D. TERM OF CONTRACT
This Contract is effective as of October 3, 2023 and expires June 30, 2026 but may be terminated earlier in accordance with provisions of this Contract.

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E. COUNTY RESPONSIBILITIES
E.1OHS shall provide technical assistance to Contractor.

E.2OHS shall participate in evaluating the progress of the overall program.

E.3OHS shall monitor Contractor on a regular basis in regard to compliance with Contractual requirements.

F. FISCAL PROVISIONS
F.1The maximum amount of payment under this Contract shall not exceed $808,385.87 and shall be subject to availability of other funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s services and expenses incurred in the performance hereof, including travel and per diem.

F.2Quarterly disbursements will be made to the Contractor based upon satisfactory performance under the terms of this Contract.

F.3Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

F.4County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.

F.5Costs for services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.

F.6Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.

Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.

F.7Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

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G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.

All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.

The Contractor hereby waives all rights of subrogation against the County.

G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or self- insurance programs carried or administered by the County.

G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.

G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any

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

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

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

G.11The Contractor agrees to provide insurance set forth in accordance with the requirements herein.

If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:

G.11.1Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.

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

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

G.11.2Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

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G.11.3Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.

G.11.4Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

G.11.5Professional Liability – Professional Liability Insurance with limits of not less than one million ($1,000,000) per claim and two million ($2,000,000) aggregate limits or
Errors and Omissions Liability Insurance – Errors and Omissions Liability Insurance with limits of not less than one million ($1,000,000) and two million ($2,000,000) aggregate limits
or
Directors and Officers Insurance coverage with limits of not less than one million ($1,000,000) shall be required for Contracts with charter labor committees or other not-for-profit organizations advising or acting on behalf of the County.

If insurance coverage is provided on a “claims made” policy, the “retroactive date” shall be shown and must be before the date of the state of the contract work. The claims made insurance shall be maintained or “tail” coverage provided for a minimum of five (5) years after contract completion.

G.11.6 Reserved
G.11.7 Abuse/Molestation Insurance – Contractor shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.

H. RIGHT TO MONITOR AND AUDIT
H.1The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

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H.2All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.

I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1Failure by Contractor to comply with any of the provisions, covenants, requirements, or conditions of this Contract shall be a material breach of this Contract.

I.2In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Contractor but not yet paid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Contractor under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County
Office of Homeless Services
560 E. Hospitality Ln. Ste. 200
San Bernardino, CA 92415-0044
City of San Bernardino
Attn: Cassandra Searcy
290 N. D St., 3rd Fl.

San Bernardino, CA 92401
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

L. ELECTRONIC SIGNATURES
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other mail transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.

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IN WITNESS WHEREOF, San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR County USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Suzanne Bryant, Deputy County Counsel Carrie Harmon, Director Date Date Date
SAN BERNARDINO COUNTY City of San Bernardino
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Charles E. McNeely
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Interim City Manager
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 290 N. D St., 3rd Fl.

San Bernardino, CA 92401

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EXHIBIT 1 – AWARD BY CATEGORY
HHAP Award by Category
City of San Bernardino
October 3, 2023 through June 30, 2026
Eligible Use Category Award/Allocation Service Unit
Number Expected
to be Served
Rapid Rehousing:

Operating Subsidies:

Street Outreach:

Services Coordination:

Systems Support:

Delivery of Permanent Housing:

Prevention and shelter Diversion:

Interim sheltering: $808,385.87 Beds N/A
Improvements to existing emergency shelters:

Homeless Youth (Countywide):

Total Award $808,385.87

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EXHIBIT 2 – SCOPE OF WORK
The City of San Bernardino seeks to meet a high priority local need by developing a 224-bed non-congregate, low barrier navigation center called SB HOPE Campus that will provide interim housing for homeless men, women and families and recuperative care for homeless persons discharged from hospitals, but who are still in need of medical care for chronic or acute health condition. SB HOPE Campus will resemble an actual campus and have four distinct components:
•Interim Housing
•Recuperative Care/Medical Respite
•Onsite Supportive Services, and
•Animal Kennel
Unlike a traditional shelter, SB HOPE Campus will have day center type qualities as participants will not be forced back out into the community each day. Instead, occupants can remain in the center to work on their individualized case plans. This model will help to reduce homeless foot traffic in community and reduce the spread of COVID-19. The interim housing component aligns with CDC guidelines as occupants will be assigned to a single, double, or family occupancy unit depending on status. CDC's interim guidance for homeless persons living on the street recommend the use of motel or private rooms versus congregate shelters to help reduce the spread of COVID-19. SB HOPE Campus's unique and innovative design for interim housing will allow occupants a level of privacy, comfort and security in their assigned room or family unit.

Scope of Services
Along with interim housing, SB HOPE Campus will include an on-site medical clinic and a variety of on-site supportive services including:
•Case Management
•Substance Use Counseling
•Behavioral Health Services
•Physical Health Services
•Housing Navigation/Tenancy Support
•Life Skills Training/Financial Literacy Classes
•Rental & Utility Assistance (for those at risk of homelessness) •Pet Care
•Assistance with Documentation Readiness, and
•Help with Income Stabilization
oAssistance with Public Benefit Application
oJob Readiness Training/Job Placement

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EXHIBIT 3 – HHAP REPORTING REQUIREMENTS
A.Detailed reports containing, at minimum, the following information:

1. Amount awarded to Contractor with activity(ies) identified;

2. Contract expenditures;

3. Unduplicated number of homeless persons and households served by HHAP-3 funds;

4. Unduplicated number of persons and households at imminent risk of homelessness served by HHAP- 3 funds;

5. Number of instances of service;

6. Increases in capacity for new and existing programs;

7. Number of unsheltered homeless persons and homeless households becoming sheltered; and

8. Number of homeless persons and homeless households entering permanent housing.

9. Number of homeless persons and households successfully exited from HHAP-3 (i.e., in permanent housing) that remain in permanent housing 12 months post-exit from HHAP-3.

10. Number of persons and households at imminent risk of homelessness successfully exited from HHAP-3 (i.e., in permanent housing) that remain in permanent housing 12 months post-exit from HHAP-3.

B.Breakdowns will be expected for each activity (i.e. services, capital improvements, rental assistance, etc.) and program type (i.e. emergency shelter, rapid re-housing, outreach, etc.) for the supplemental reporting requirements listed above, when applicable. The same information will also be requested specifically for the following subpopulations, based on priorities defined by the U.S. Department of Housing and Urban Development:

1. Chronically homeless

2. Homeless veterans

3. Unaccompanied homeless youth

4. Homeless persons in families with children
C.Counts by subpopulation will not be required in cases where that information is unavailable, but is expected in cases where client information is entered in the Homeless Management Information System (HMIS).

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EXHIBIT 4 – HMIS CLIENT DATA REPORT SAMPLE

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EXHIBIT 5 – HMIS DATA QUALITY REPORT SAMPLE

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EXHIBIT 6
State of California

WELFARE AND INSTITUTIONS CODE
Section 8255
8255.

For purposes of this chapter:
(a) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council established pursuant to Section 8257. (b) “Core components of Housing First” means all of the following:
(1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services. (2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.”
(3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness. (4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals. (5) Participation in services or program compliance is not a condition of permanent housing tenancy.
(6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California’s Civil, Health and Safety, and Government codes. (7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction.
(8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-come-first-serve,” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services.

Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents.
(9) Case managers and service coordinators who are trained in and actively employ evidence- based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling.
(10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses.

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(11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants.
(c) “Homeless” has the same definition as that term is defined in Section 91.5 of Title 24 of the Code of Federal Regulations.
(d) (1) “Housing First” means the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services.
(2) (A) “Housing First” includes time-limited rental or services assistance, so long as the housing and service provider assists the recipient in accessing permanent housing and in securing longer term rental assistance, income assistance, or employment. (B) For time-limited, supportive services programs serving homeless youth, programs should use a positive youth development model and be culturally competent to serve unaccompanied youth under 25 years of age. Providers should work with the youth to engage in family reunification efforts, where appropriate and when in the best interest of the youth. In the event of an eviction, programs shall make every effort, which shall be documented, to link tenants to other stable, safe, decent housing options. Exit to homelessness should be extremely rare, and only after a tenant refuses assistance with housing search, location, and move-in assistance.
(e) “State programs” means any programs a California state agency or department funds, implements, or administers for the purpose of providing housing or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of federally funded programs with requirements inconsistent with this chapter. (Amended by Stats. 2021, Ch. 398, Sec. 3. (AB 1220) Effective January 1, 2022.)

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EXHIBIT 7

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 1, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Barbara G. Whitehorn, Director of Finance and Management Services
Department: Finance
Subject: Resolutions updating the Bank and Investment
Account Signature Authority (All Wards)
Recommendation:

Executive Summary
With the recent organizational changes in the City’s personnel and organizational structure, it is necessary to update the signature authority on all City and Successor Agency bank and investment accounts.

Background
The City and Successor Agency must update bank and investment account signature authorizations on file with the various financial institutions that hold City and Successor Agency funds as personnel and organizational changes occur.

Discussion
Most banking institutions require approval from the organizations’ governing body through the adoption of a resolution and/or minutes from the meeting showing adoption and approval.

The City and Successor Agency have cash, investments, and other funds required to be held by fiscal agents in the following institutions:

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1. Wells Fargo Bank, City;

2. Wells Fargo Bank, Successor Agency;

3. U.S. Bank, City;

4. U.S. Bank, Successor Agency;

5. BNY (Bank of New York) Mellon, City;

6. BNY (Bank of New York) Mellon, Successor Agency;

7. Citizens Business Bank, Successor Agency; and

8. Local Agency Investment Fund (LAIF), City - this program offers local agencies to participate in a major portfolio managed through the State Treasurer’s Office.

Resolutions 1 through 8 have been prepared for the various banking and investment accounts to implement the changes in signature authority.

Following approval by the Mayor and City Council of the City of San Bernardino, California, and approval by the Mayor and City Council acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino, staff will forward all appropriate resolutions to each affected banking institution.

In addition, as stated in the City’s current Investment Policy, the Director of Finance is charged with responsibility of carrying out all investment actions, which may include day-to-day investment activities or the utilization of external investment advisor services to assist with the investment program.

As such, in April-2021 the City authorized the services of the following broker/dealers to aid in day-to-day investment activities. Resolution 9 has been prepared to authorize City designated personnel to carry out investment activities through the use of the following broker/dealers:
i. Cantor Fitzgerald;
ii. Higgins Capital Management;
iii. Raymond James; and
iv. Stifel.

2021-2025 Strategic Targets and Goals
Approval of the aforementioned resolutions align with Key Target No. 1: Financial Stability by ensuring that the financial and administrative requirements to continue day- to-day operations in the Finance department are completed and kept up to date.

Fiscal Impact
There is no fiscal impact associated with adopting the attached Resolutions.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino adopt the attached Resolutions updating the City’s and

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Successor Agency’s bank and investment account signature authority.

Attachments
Attachment 1- Resolution 2023-161 - Wells Fargo Bank, City Attachment 2 - Resolution 2023-162 - Wells Fargo Bank, Successor Agency Attachment 3 - Resolution 2023-163 - Local Agency Investment Fund (LAIF), City Attachment 4 - Resolution 2023-164 - U.S. Bank, City
Attachment 5 - Resolution 2023-165 - U.S. Bank, Successor Agency Attachment 6 - Resolution 2023-166 - BNY (Bank of New York) Mellon, City Attachment 7 - Resolution 2023-167 - BNY (Bank of New York) Mellon, Successor Agency
Attachment 8 - Resolution 2023-168 - Citizens Business Bank, Successor Agency Attachment 9 - Resolution 2023-169 - Authorized Brokers or Dealers for the City and Successor Agency
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A

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Resolution 2023-161
Resolution 2023-161
November 1, 2021

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RESOLUTION NO. 2023-161

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

SIGNATORIES FOR WELLS FARGO BANK ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and
WHEREAS, Wells Fargo Bank is a federally chartered bank under the laws of the United States; and
WHEREAS, the City of San Bernardino needs to update its signatories periodically with Wells Fargo Bank due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on Wells Fargo Bank accounts; and WHEREAS, Wells Fargo Bank requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

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

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with Wells Fargo Bank are hereby revoked.

SECTION 3. The authorized account signers on Wells Fargo Bank accounts are as follows:

Position Individual Name
Assistant City Manager Edelia Eveland
Director of Finance and Management Services Barbara Germaine Whitehorn Director of Human Resources Asusena H. Soren
Deputy Director of Finance Cynthia Jeannie Abano Fortune SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency.

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this

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Resolution 2023-____
Resolution 2023-161
Resolution 2023-161
November 1, 2021

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023.

Helen Tran, Mayor,
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution 2023-____
Resolution 2023-161
Resolution 2023-161
November 1, 2021

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-161, adopted at a regular meeting held on the 1st day of November, 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this day of 2023.

Genoveva Rocha, CMC, City Clerk

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Resolution 2023-162
Resolution 2023-162
November 1, 2023

Page 1 of 3 ends

RESOLUTION NO. 2023-162

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO AUTHORIZING SIGNATORIES FOR

WELLS FARGO BANK ACCOUNTS FOR THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and
WHEREAS, Wells Fargo Bank is a federally chartered banks under the laws of the United States; and
WHEREAS, the Successor Agency needs to update its signatories periodically with Wells Fargo Bank due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on Wells Fargo Bank accounts; and WHEREAS, Wells Fargo Bank requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with the Wells Fargo Bank are hereby revoked.

SECTION 3. The authorized account signers on Wells Fargo Bank - Successor Agency’s accounts are as follows:

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November 1, 2023

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SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency.

SECTION 6. That the Mayor and City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023.

Helen Tran, Mayor City
of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution 2023-162
November 1, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-162, adopted at a regular meeting held on the 1st day of November, 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this day of 2023.

Genoveva Rocha, CMC, City Clerk

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Resolution 2023-163
Resolution 2023-163
November 1, 2023

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RESOLUTION NO. 2023-163

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO AUTHORIZING SIGNATORIES FOR

CITIZENS BUSINESS BANK ACCOUNTS FOR THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and
WHEREAS, Citizens Business Bank is a federally chartered bank under the laws of the United States; and
WHEREAS, the Successor Agency needs to update its signatories periodically with Citizens Business Bank due to changes in Agency staff or changes in staff duties and responsibilities; and
WHEREAS, the Board of Directors of the Successor Agency designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on Citizens Business Bank accounts; and WHEREAS, Citizens Business Bank requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with Citizens Business Bank are hereby revoked.

SECTION 3. The authorized account signers on Citizens Business Bank - Successor Agency’s accounts are as follows:

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SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency.

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

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution 2023-163
Resolution 2023-163
November 1, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-163, adopted at a regular meeting held on the 1st day of November, 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this day of 2023.

Genoveva Rocha, CMC, City Clerk

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Resolution 2023-164
November 1, 2023
Resolution 2023-164

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RESOLUTION NO. 2023-164

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING
SIGNATORIES FOR U.S. BANK ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and
WHEREAS, U.S. Bank is a federally chartered bank under the laws of the United States; and
WHEREAS, the City of San Bernardino needs to update its signatories periodically with U. S. Bank due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on U.S. Bank accounts; and
WHEREAS, U.S. Bank requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

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

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with U.S. Bank are hereby revoked.

SECTION 3. The authorized account signers on U.S. Bank accounts are as follows:

SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency.

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SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023.

Helen Tran, Mayor,
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution 2023-164
November 1, 2023
Resolution 2023-164

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-164, adopted at a regular meeting held on the 1st day of November, 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this day of 2023.

Genoveva Rocha, CMC, City Clerk

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Resolution 2023-165
Resolution 2023-165
November 1, 2023

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RESOLUTION NO. 2023-165

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO AUTHORIZING SIGNATORIES FOR U.S.

BANK ACCOUNTS FOR THE SUCCESSOR AGENCY TO

THE FORMER REDEVELOPMENT AGENCY OF THE

CITY OF SAN BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and
WHEREAS, U.S. Bank is a federally chartered banks under the laws of the United States; and
WHEREAS, the Successor Agency needs to update its signatories periodically with U. S.

Bank due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on U.S. Bank accounts; and WHEREAS, U.S. Bank requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with U.S. Bank are hereby revoked.

SECTION 3. The authorized account signers on U.S. Bank - Successor Agency’s accounts are as follows:

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SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency.

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

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution 2023-165
Resolution 2023-165
November 1, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-165, adopted at a regular meeting held on the 1st day of November, 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this day of 2023.

Genoveva Rocha, CMC, City Clerk

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Resolution 2023-166
Resolution 2023-166
November 1, 2023

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RESOLUTION NO. 2023-166

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

SIGNATORIES FOR BANK OF NEW YORK (BNY)

MELLON BANK ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and
WHEREAS, BNY Mellon Bank is a federally chartered bank under the laws of the United States; and
WHEREAS, the City of San Bernardino needs to update its signatories periodically with BNY Mellon Bank due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on BNY Mellon Bank accounts; and
WHEREAS, BNY Mellon Bank requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

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

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with BNY Mellon Bank are hereby revoked.

SECTION 3. The authorized account signers on BNY Mellon Bank accounts are as follows:

SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency.

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is

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covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023.

Helen Tran, Mayor,
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution 2023-166
Resolution 2023-166
November 1, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-166, adopted at a regular meeting held on the 1st day of November, 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this day of 2023.

Genoveva Rocha, CMC, City Clerk

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Resolution 2023-167
Resolution 2023-167
November 1, 2023

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RESOLUTION NO. 2023-167

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO AUTHORIZING SIGNATORIES FOR

BANK OF NEW YORK (BNY) MELLON BANK

ACCOUNTS FOR THE SUCCESSOR AGENCY TO THE

FORMER REDEVELOPMENT AGENCY OF THE CITY OF

SAN BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino (“Successor Agency”) is a public agency established under the laws of the State of California; and
WHEREAS, BNY Mellon is a federally chartered bank under the laws of the United States; and
WHEREAS, the Successor Agency needs to update its signatories periodically with BNY Mellon due to changes in Agency staff or changes in staff duties and responsibilities; and WHEREAS, the Board of Directors of the Successor Agency designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on BNY Mellon’s bank accounts; and WHEREAS, BNY Mellon requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with BNY Mellon Bank are hereby revoked.

SECTION 3. The authorized account signers on BNY Mellon - Successor Agency’s accounts are as follows:

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SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Successor Agency, are authorized to sign checks on behalf of the Agency.

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

APPROVED and ADOPTED by the City Council acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023.

Helen Tran, Mayor City
of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution 2023-167
Resolution 2023-167
November 1, 2023

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-167, adopted at a regular meeting held on the 1st day of November, 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this day of 2023.

Genoveva Rocha, CMC, City Clerk

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Resolution 2023-168
Resolution 2023-168
November 1, 2023

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RESOLUTION NO. 2023-168

RESOLUTION OF THE MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO

AUTHORIZING SIGNATORIES FOR THE LOCAL

AGENCY INVESTMENT FUND (LAIF) ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and
WHEREAS, the Local Agency investment Funds (LAIF) was established by Chapter 730, Statutes of 1976. This fund enables local government agencies or trustees to remit surplus funds, not needed for immediate expenditures, to the State Treasurer for the purpose of investment on behalf of the City. The State Treasurer will invest such funds as part of a pooled money investment account I order to derive the maximum rate of return possible; and WHEREAS, the Local Agency investment Funds (LAIF) is an authorized investment under the City’s investment policy and under Government Code Section 53600; and WHEREAS, the City of San Bernardino needs to update its signatories periodically with LAIF due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on LAIF accounts; and
WHEREAS, authorized signers will have the authority to deposit and withdraw funds with LAIF on behalf of the City; and
WHEREAS, deposits may only come from, and withdrawals may only be made by designated authorized signers on the account.

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

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with the Local Investment Agency Fund are hereby revoked.

SECTION 3. The authorized account signers on LAIF accounts are as follows:

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SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Interest payments, withdrawals, and matured investments may only be transferred to an account of the City or paid by written demand to the City.

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023.

Helen Tran, Mayor,
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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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. 2023-168, adopted at a regular meeting held on the 1st day of November, 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this day of 2023.

Genoveva Rocha, CMC, City Clerk

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Resolution 2023-169
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RESOLUTION NO. 2023-169

RESOLUTION OF THE MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO

AUTHORIZING REGISTERED BROKER / DEALERS

AND SIGNATORIES FOR CITY OF SAN

BERNARDINO INVESTMENT ACCOUNTS
WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and
WHEREAS, the following firms are approved broker/dealers registered with the U.S.

Securities and Exchange Commission: (a) Cantor Fitzgerald; (b) Higgins Capital Management; (c) Raymond James Financial Services, Inc.; (d) Stifel; and WHEREAS, the City of San Bernardino needs to update its signatories periodically with the brokers/dealers above due to changes in City staff or changes in staff duties and responsibilities; and
WHEREAS, the City of San Bernardino designates the Assistant City Manager, Director of Finance and Management Services, Director of Human Resources, and Deputy Director of Finance as authorized signers on the above broker/dealer accounts.

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

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with the following broker/dealers (a) Cantor Fitzgerald; (b) Higgins Capital Management; (c) Raymond James Financial Services, Inc.; (d) Stifel are hereby revoked.

SECTION 3. The authorized account signers are as follows:

SECTION 5. Interest payments, withdrawals, and matured investments may only be transferred to an account of the City or paid by written demand to the City.

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of November, 2023.

Helen Tran, Mayor,
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution 2023-169
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2023-169, adopted at a regular meeting held on the 1st day of November, 2023 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this day of 2023.

Genoveva Rocha, CMC, City Clerk

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 1, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Suzie H. Soren, Director of Human Resources
Department: Human Resources
Subject: Professional Services Agreement with AdminSure for Workers' Compensation Third Party Administrator
Services
Recommendation:

Executive Summary
Staff prepared a Request for Proposal (RFP) for workers’ compensation third party administrator services which garnered seven responses. The proposals were evaluated and AdminSure was selected as the most qualified respondent.

Background
In July of 2017, The Mayor and City Council approved an agreement with AdminSure for workers’ compensation third party administrator (TPA) services. After five years with the current TPA, staff determined that it would be consistent with best practices to request proposals to compare costs and TPA providers. Staff released an RFP that garnered seven proposals from the respondents listed below. The proposals were evaluated by staff from the Human Resources Department, the San Bernardino Water Department, and the Police Department. The cost of the contract and the quality of claims services to be provided were considered in determining the most qualified respondent.

RFP Respondent Group Score
AdminSure 74
EK Health Services 33
Innovative Claims Strategies 55

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Lien On Me 52
Encompass Health Solutions 45
Tristar 70
Acclamation Insurance
Management Services
67 AdminSure demonstrated the highest level of services and at a very competitive annual administrative price with fixed claim services fees. Although price is not the exclusive consideration in evaluating companies, staff believes AdminSure will provide outstanding workers’ compensation claim management services, and most importantly, a high level of customer service to City employees. Therefore, AdminSure was selected as the most responsive bidder.

The existing contract with AdminSure expired on June 30, 2023. AdminSure has provided services to date to allow for the RFP process to be completed. This contract date of the Professional Services Agreement is July 1, 2023 to ensure continuity of service.

Discussion
AdminSure was distinguished from the other TPA providers because of its experience with full-service municipal agencies including public works and safety services.

AdminSure’s integrated model offers the City stability in managing its program through a single vendor which minimizes service disruptions to staff, employees, and most importantly, the injured worker by providing a single point of contact. During the interview process it was clear that AdminSure’s approach to service is client-based and client-focused. Further, they provided achievement methods that are easily measured, managed, and understood. This can be exceedingly difficult to obtain with the complicated cost associated with a worker’s compensation program.

AdminSure will provide unified services inclusive of claims administration, and a suite of managed care services that includes medical bill review, utilization review, medical providers, and nurse case managers at a fixed price.

AdminSure has provided references demonstrating its ability to complete the work included within the scope of this agreement. AdminSure’s professional reputation extends to over 78 public entity clients.
2021-2025 Strategic Targets and Goals
The request to enter into a professional services agreement for workers’ compensation TPA services aligns with Goal No. 1.e.: Minimize risk and litigation exposure. The City’s TPA acts as an extension of the risk management division by providing experienced adjusters that work swiftly to help minimize lost time through proactive claims handling.

Fiscal Impact

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There is sufficient funding in the FY 23/24 Operating Budget for this item. The annualized cost of this service is $417,504 for year one. For the years thereafter, the fee for services will increase at a rate not to exceed 3% per fiscal year. A table of the not-to-exceed cost each year is below.

Year City not-
to-exceed
Water not-
to-exceed
Total not-
to-exceed
1 $ 373,440 $ 44,064 $ 417,504
2 $ 384,643 $ 46,386 $ 430,029
3 $ 396,182 $ 47,778 $ 443,960
It is important to note that the amounts in the table above are not-to-exceed amounts.

Actual amounts will vary as they are determined based on open claims.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute a Professional Services Agreement with AdminSure for workers’ compensation claims administrator services.

Attachments
Attachment 1 – Professional Services Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

June 21, 2017 The Mayor and City Council approved an agreement with AdminSure to perform workers’ compensation third party administrator services.

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PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO

MUNICIPAL WATER DEPARTMENT AND ADMINSURE
This Agreement is made and entered into as of July 1, 2023 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), the City of San Bernardino Municipal Water Department, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 1350 South E Street, San Bernardino, CA 92401 (“Water Department”) and AdminSure, a Corporation with its principal place of business at 3380 Shelby Street, Ontario, CA 91764 (hereinafter referred to as “Consultant”). The City, Water Department, and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. The City and Water Department are public agencies of the State of California and is in need of professional services for the following project:

WORKERS’ COMPENSATION THIRD PARTY ADMINISTRATOR 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 the City and Water Department 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 and Water Department 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 The City and Water Department of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City or Water Department employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City and Water Department shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.”

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b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $373,440 for the City and $44,064 for the Water Department for year one. For the years thereafter, the fee for services will increase at a rate not to exceed 3% per fiscal year through June 30, 2026. This amount is to cover all related costs, and the City and Water Department will not pay any additional fees for printing expenses. Consultant may submit invoices to City and Water Department for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to the City and Water Department’s sole satisfaction. The City and Water Department shall pay Consultant’s invoice within forty-five (45) days from the date the City and Water Department 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, the City or the Water Department, 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 and Water Department 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 Water Department and executed by all Parties before performance of such services, or the City and Water Department 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 the City, Water Department, and Consultant in writing.

6. Term. This Agreement shall commence on the Effective Date, July 1, 2023, through June 30, 2026, with the option of two (2), one (1) year extensions, exercisable at the City and Water Department’s sole discretion.

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 and Water Department 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 and Water Department.

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 and Water Department to proceed. Consultant shall complete the services required hereunder within Term.

9. Delays in Performance.
a. Neither the City, Water Department nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the

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

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 Water Department and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City and Water Department.

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer

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this Agreement or any rights under or interest in this Agreement without the written consent of the City and Water Department, 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 or Water Department. No employee or agent of Consultant shall become an employee of City or Water Department. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from the City and Water Department 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 and Water Department until it has provided evidence satisfactory to the City and Water Department 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, the Water Department, 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 and Water Department.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

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(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 the City, Water Department, 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 Water Department, and provided that such deductibles shall not apply to the City and Water Department 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 and Water Department. (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 the City, Water Department, its elected and appointed officials, officers, employees, agents, City and Water Department designated volunteers additional insured status.
(iv) Subject to written approval by the City and Water Department, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City or Water Department 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.

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(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 Water Department 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 and Water Department.

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 and Water Department. g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

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(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 and Water Department evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
i. Policy Provisions Required
(i) Consultant shall provide the City and Water Department 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 and Water Department 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, Water Department, 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, Water Department, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in

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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 Water Department, 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 Water Department and shall not preclude the City or Water Department from taking such other actions available to the City and Water Department under other provisions of the Agreement or law. j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City and Water Department, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
k Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City and Water Department, 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, the City and Water Department has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City and Water Department will be promptly reimbursed by Consultant or City and Water Department will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City and Water Department may cancel this Agreement. (iii) The City and Water Department may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City, Water Department nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or

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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 and Water Department 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 and Water Department as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, the City and Water Department 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 and Water Department), indemnify and hold the City and Water Department, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City and Water Department.

Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City and Water Department, 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.

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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).

21. Termination or Abandonment
a. The City and Water Department 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, the City and Water Department 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. The City and Water Department 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 the City, Water Department and Consultant of the portion of such task completed but not paid prior to said termination. The City and Water Department 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 the City and Water Department only in the event of substantial failure by the City and Water Department 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 and Water Department 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

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as may be required by the City and Water Department’s representative, regarding any services rendered under this Agreement at no additional cost to the City and Water Department. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City or Water Department, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and Water Department and to participate in any meeting required with regard to the correction.

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

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 and Water Department.

27. Organization. Consultant shall assign Alithia Vargas-Flores 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.

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Suzie H. Soren, Director of Human
Resources
With Copy To:

City of San Bernardino Municipal Water
Department
1350 South E Street
San Bernardino, CA 92408
Attn: Robin L. Ohama, Deputy General
Manager
CONSULTANT:

AdminSure, LLC
3380 Shelby Street
Ontario, CA 91764
Attn: Alithia Vargas-Flores, Vice President

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

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

32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of the City, Water Department, 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.

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 and Water Department. 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

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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. The City and Water Department 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 and Water Department shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City or Water Department, during the term of his or her service with City or Water Department, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO, THE CITY OF SAN BERNARDINO

MUNICIPAL WATER DEPARTMENT AND ADMINSURE
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
APPROVED BY:

Robin L. Ohama
Deputy General Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Alithia Vargas-Flores
Name
Vice President
Title

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EXHIBIT A

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 1, 2023
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Suzie H. Soren, Director of Human Resources
Department: Human Resources
Subject: Strategic Initiatives – Approving Job Classifications and Amending the Salary Schedule
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-170:

1. Establishing the Director of Economic Development (U) classification;

2. Establishing the Director of Community Development and Housing (U) classification; and

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

Executive Summary
These actions are the continuation of the strategic initiatives established at the May 2023 Mayor and City Council three-day workshop retreat (“Retreat”). Follow-up meetings included further discussion and direction, resulting in the establishment of the Director of Economic Development (U) and Director of Community Development and Housing (U).

Background
The Mayor and City Council held a three (3) day Retreat beginning on May 11, 2023, where goals and priorities for the City of San Bernardino were defined. At the Retreat, economic development opportunities and city staffing priorities, among other topics, were discussed.

On June 30, 2023, a special workshop (“Workshop”) was held to address the Council’s

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goals and priorities. The Workshop was informational only and allowed staff to present a series of strategic initiatives and other programs and proposals for the Council’s future consideration.

On September 12, 2023, staff presented a follow-up to the Workshop addressing the concerns that were raised and provided an analysis of the City’s economic forecast, position control, and a comparative analysis of other cities. The presentation contained the addition of several new positions and proposed establishing new position classifications within several departments.

On October 18, 2023, staff brought forward a consent calendar item that recommended establishing six (6) new classifications and amended three (3) other classifications. The below constitutes the last two (2) positions agreed upon by Council to be established.

Classification and compensation studies were conducted to determine the salary ranges of the new classifications. Considerations of the City’s current salary schedule was also contemplated.

Discussion
Below establishes the classifications and adds them to the City’s salary schedule only.

The splitting of the current Community, Housing and Economic Development Department into an Economic Development Department and Community Development and Housing Department will be brought back for Mayor and City Council approval at a future date. The current Director of Community, Housing and Economic Development (U) classification will be split into two positions; Director of Community Development and Housing (U) and Director of Economic Development.

The Director of Economic Development (U) will be a new unclassified position in the Executive bargaining unit, responsible for planning, organizing, and managing all economic development programs, activities, and operations for the new Economic Development Department. The incumbent will be tasked with developing and implementing economic development strategies for the City, including business attraction and development, retention and expansion, and business recovery and resiliency. In addition, this position will be leading business development marketing efforts and coordinating development activities between private developers and City officials; this position will be in salary range 662, $13,060-$15,874/month.

The Director of Community Development and Housing (U) will be an unclassified position in the Executive bargaining unit, responsible for planning, managing, overseeing, and directing the general organization, supervision, financial management, and efficient operation of the Community Development and Housing Department.

Responsibilities include Planning, Building, Housing and Code Enforcement functions.

This classification will also be coordinating activities with other City officials, departments, outside agencies, contractors, organizations and the public while providing responsible and complex staff support to the City Manager and City Council; this position will be in salary range 662, $13,060-$15,874/month.

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

Fiscal Impact
There is no impact to the General Fund as costs were previously approved by the Mayor and City Council on September 12, 2023, and formally adopted and the budget amended on October 4, 2023.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023-170:

1. Establishing the Director of Economic Development (U) classification;

2. Establishing the Director of Community Development and Housing (U) classification; and

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

Attachments
Attachment 1 Resolution 2023-170
Attachment 2 Resolution 2023-170; Exhibit A – City-wide Salary Schedule Ward:

All Wards
Synopsis of Previous Council Actions:

October 18, 2023 Mayor and City Council adopted Resolution No. 2023-157 amending the City-wide salary schedule for full-time, part- time, temporary, and seasonal positions.

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Resolution No. 2023-170
Resolution 2023-170
November 1, 2023

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Mayor and City CouncilNovember 1, 2023

Mayor and City Council
November 1, 2023