Agenda packet, regular meeting, first session — Mayor and City Council, January 17, 2024 (part 4 of 6)

RESOLUTION NO. 2024-XX

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO

TAKE THE STEPS NECESSARY TO ESTABLISH A

CALIFORNIA NONPROFIT PUBLIC BENEFIT
CORPORATION NAMED “FRIENDS OF SAN

BERNARDINO PARKS, RECREATION, AND OPEN
SPACES FOUNDATION” TO SUPPORT THE

DEPARTMENT OF PARKS, RECREATION, AND
COMMUNITY SERVICES PROGRAMS AND INITIATIVES.

WHEREAS, having safe, clean, and green parks, community centers, and open spaces can have numerous positive impacts on the health and well-being of a community; and WHEREAS, issues with limited budget allocations, maintenance backlogs, insufficient staffing, limited new developments, reduced programming and community disparities have continued to plague the city; and
WHEREAS, creating a nonprofit fundraising arm, such as "The Friends of San Bernardino Parks, Recreation and Open Spaces Foundation," can be a proactive and community-driven approach to address funding gaps and enhance parks and recreational facilities.

WHEREAS, a California Nonprofit Public Benefit Corporation, established by the City of San Bernardino would be able to proactively fundraise to support the Department’s Programs and services.

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. Authorize the City Manager, or designee, to take the steps necessary to establish a California Nonprofit Public Benefit Corporation named “Friends of San Bernardino Parks, Recreation, and Open Spaces Foundation” to raise funds in support of the Parks, Recreation, and Community Services Department.

SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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Resolution No. 2024-016
Resolution 2024-016
January 17, 2024

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of January 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2024-016
Resolution 2024-016
January 17, 2024

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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. 2024-016, adopted at a regular meeting held on the 17th day of January 2024 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 17th day of January 2024.

Genoveva Rocha, CMC, City Clerk
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1 ARTICLES OF INCORPORATION OF THE FRIENDSOFSANBERNARDINO

PARKS,RECREATIONANDOPENSPACESFOUNDATION
A California Nonprofit Public Benefit Corporation

ARTICLE I
The name of this corporation shall be the Friends of San Bernardino Parks, Recreation and Open Space Foundation.

ARTICLE II
Section 1. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes.

Section 2. The specific purpose of this corporation is to support the City of San Bernardino Parks Recreation and Community Services Department by raising funds for its existing and future programming and undertaking any programs and projects which will serve the above purpose.

ARTICLE III
The name and address in the State of California of this corporation’s agent of service is the City of San Bernardino Parks, Recreation and Community Services Director, Lydie Gutfeld, 290 North D Street, San Bernardino, California 92401.

ARTICLE IV
The street and mailing address for the principal office of the corporation shall be located at 290 North D Street, San Bernardino, California 92401.

ARTICLE V
Section 1. This corporation is organized and operated exclusively for Parks, Recreation and Open Space purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code.

Section 2. No substantial part of the activities of this corporation shall consist of carrying on propaganda or otherwise attempting to influence legislation and the corporation shall not participate or intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office.

Section 3. Notwithstanding any other provision of these articles, the corporation shall Packet Page. 699
2 not carry on any other activities not permitted to be carried on:
a) by a corporation exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue law; or
b) by corporation contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 or the corresponding provision of any future United State Internal Revenue law.

ARTICLE VI
The property of this corporation is irrevocably dedicated to the City of San Bernardino Parks, Recreation and Community Services Department purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer, or member thereof, or to the benefit of ay private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payment, of all debts and liabilities of this corporation shall be distributed to the City of San Bernardino exclusively for Parks, Recreation and Open Space purposes.

Date
(Signature of Incorporator)
Lydie Gutfeld, Parks, Recreation and
Community Services Director
(Name and Title of Incorporator)
I hereby declare that I am the person who executed the foregoing Articles of Incorporation, which execution is my act and deed.
(Signature of Incorporator)
Lydie Gutfeld, Parks, Recreation and
Community Services Director
(Name and Title of Incorporator)
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1 BYLAWS OF THE FRIENDSOFSANBERNARDINOPARKS,RECREATION

ANDOPENSPACESFOUNDATION
A California Nonprofit Public Benefit Corporation
ARTICLE I: NAME AND LEGAL BASIS
(a) The name of this corporation shall be the "Friends of San Bernardino Parks, Recreation and Open Space Foundation" (herein referred to as the "Foundation"). (b) The organization is formed and operated on a nonprofit basis; no part of any earning and no dividends or other profits shall accrue to the benefit of any member or individual.
(c) The Foundation may carry out its purposes, as described below, under any other name or names which may be approved from time to time by the Board of Directors.

ARTICLE II: OFFICES
The principal office for the transaction of the business of the Foundation ("principal executive office") is located at the San Bernardino Parks, Recreation and Community Services Administrative Office, 201-A North E St, San Bernardino, California, 92401. The Board of Directors may change the principal office from one location to another by resolution. Any change of this location shall not be deemed an amendment of these Bylaws.

ARTICLE Ill: OBJECTIVES AND PURPOSES
Within the meaning of Section 509(a)(3)(A) of the Internal Revenue Code of 1954, as amended, the Regulations thereunder, and the corresponding provision of any applicable future United States Internal Revenue Law and Regulations, the Foundation exists to:
(a) Operate exclusively for charitable, literacy, or educational purposes, including but not limited to: merchandising; soliciting and receiving contributions, gifts, endowments, or bequeaths in any negotiable form; banking or investing receivables; and distributing assets for the benefit of the Foundation.
(b) Undertake any programs or projects to assist the City of San Bernardino Parks, Recreation and Community Services Department and that the City of San Bernardino Parks, Recreation and Community Services Director deems appropriate and advisable.
(c) To engage in any lawful act or activity for which nonprofit corporations may be organized and conducted in the State of California for the benefit of the City of San Bernardino Parks, Recreation and Community Services Department.

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2 To accomplish these purposes, the Foundation may, without limitation, receive, hold, and disburse gifts, bequests, devises, and other funds; and may own, maintain, or lease suitable real estate and buildings, or any personal property necessary for these purposes; and may enter into, make, perform, and carry out contracts of any kind for any lawful purpose without limit as to amount. All above activities, projects, and programs, once approved by the Board of Directors, will be implemented by the Parks, Recreation and Community Services Director.

In carrying out such purpose, the Foundation shall not, in any manner, be utilized to discharge any obligation of the City of San Bernardino. The support, promotion, and advancement afforded by this Foundation shall be in addition to, and supplementary to, any other programs sponsored by the City of San Bernardino.

ARTICLE IV: NONPARTISAN ACTIVITIES
The Foundation exists under the California Nonprofit Public Benefit Corporation Law for the public and charitable purposes described above, and it shall be nonprofit and nonpartisan. No substantial part of the activities of the Foundation shall consist of the publication or dissemination of materials with the purpose of attempting to influence legislation. The Foundation shall not participate or intervene in any political campaign on behalf of any candidate for public office.

The Foundation shall not, except in an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes described above.

ARTICLE V: DEDICATION OF ASSETS
The properties and assets of the Foundation are irrevocably dedicated to public, educational, or charitable purposes. No part of the net earnings, properties, or assets of the Foundation, on dissolution or otherwise, shall inure to the benefit of any private person or individual, or any member or director of the Foundation. On liquidation or dissolution, all properties and assets and obligations shall be distributed and paid over to an organization dedicated to charitable purposes, provided that the organization continues to be dedicated to the exempt purposes as specified in the Internal Revenue Code Section 501(c)(3).

ARTICLE VI: MEMBERSHIP
The Foundation shall have no members other than the Board of Directors. The Board shall, under any statute or rule of law, be the members of this Foundation and shall have all rights and powers members would otherwise have.

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3 ARTICLE VII: BOARD OF DIRECTORS
Section 1. General Corporate Powers. Subject to the provisions of the California Nonprofit Corporation Law and any limitations in the Articles of Incorporation and these Bylaws relating to action required to be approved by the members, the business and affairs of the Foundation shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board of Directors.

Section 2. Specific Powers. Without prejudice to these general powers, and subject to the same limitations, the Board of Directors shall have the power to:
(a) Select and remove all officers of the Foundation; prescribe any powers and duties for them that are consistent with the law, with the Articles of Incorporation, and with these Bylaws.
(b) Adopt rules of procedure not inconsistent with the terms of this Foundation. (c) Change the principal executive office or the principal business office in the State of California from one location to another; cause the Foundation to be qualified to do business in any other State, territory, dependency, or country and conduct business within or outside the State of California; and designate any place within or outside the State of California for the holding of any members' meeting or meetings, including annual meetings.
(d) Borrow money and incur indebtedness on behalf of the Foundation, and cause to be executed and delivered for the Foundation's purposes, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of debt and securities. (e) Delegate the performance of any duties or exercise of any powers to such officers or agents as may from time to time by resolution be designated.

Section 3. Number of Directors. The authorized number of at-large directors shall consist of seven (7) directors unless changed by amendment to these Bylaws. The exact number of directors shall be fixed, within those limits, by a resolution adopted by the Board of Directors. Any change in the number of directors shall be made by resolution.

In addition, the City of San Bernardino Parks, Recreation and Community Services Director, serving as the Chief Executive Officer of the Foundation, and the Finance Director serving as the Chief Fiscal Officer of the Foundation, shall serve as ex officio members of the Board of Directors.

Section 4. Terms and Selection of Directors. Each at-large Director shall serve a minimum of four (4) years. The City of San Bernardino Parks, Recreation and Community Services Director (Chief Executive Officer) and the City of San Bernardino Finance Director (Chief Fiscal Officer) shall serve as ex officio members of the Board of Directors.

The City Council or its designee shall appoint at least five (5) but no more than Packet Page. 703
4 seven (7) members of the Board of Directors through an application and selection process. Each director shall hold office for a term of four (4) years and until his or her successor shall have been selected and qualified. Terms shall be staggered in such a way that a minimum of one director is appointed each year. The initial terms of office for directors may be less than two years to avoid the need for appointing or reappointing all directors in the same year.

Section 5. Vacancies. All vacancies occurring because of the expiration of terms or for other reasons shall be filled by the Board of Directors through an application and selection process. A vacancy or vacancies in the Board of Directors shall be deemed to exist on the occurrence of the death, resignation, or removal of any director. Any person selected to fill a vacancy on the Board of Directors shall hold office for the remaining of his or her predecessor in office, subject to the power of removal contained herein. (a) Resignations. Except as provided in this paragraph, any director may resign, which resignation shall be effective on giving written notice to the President, the Secretary, or the Board of Directors, unless the notice specifies a later time for the resignation to become effective. If the resignation of a director is effective at a future time, the resignation becomes effective then. No director may resign when the Foundation would then be left without a duly elected director or directors in charge of its affairs. (b) No Vacancy or Reduction of Number of Directors. No reduction of the authorized number of directors shall have the effect of removing any director before that director's term of office expires.
(c) Removal of Directors by City Council. The City Council may remove any director without cause by a majority vote of the City Council. (d) Removal of Directors by Board of Directors. Directors may forfeit their positions on the Board if they have three consecutive absences without good cause and a majority of the remaining directors vote to remove such directors. Such action by the Board of Directors may be taken at any meeting of such Board upon the initiative of any director. The proceedings of the Board of Directors in such matters shall be approved by the City Council.

ARTICLE VIII: BOARD OF DIRECTORS MEETINGS
Section 1. Regular Meetings.
1) Annual Meeting of the Foundation. The Board of Directors shall conduct an annual meeting in the month of June, at which the Board shall, at a minimum:
present a summary of the events and activities of the year; present an Annual Financial Report of the receipts and expenditures, and the state of the monies and property of the Foundation; present and adopt a budget for the upcoming fiscal year; and elect officers of the Board for the ensuing year.
2) Other Regular Meetings. Other regular meetings of the Board of Directors may be held at such days and times as the Board of Directors may from time to Packet Page. 704
5 time designate on at least a quarterly basis.
(b) Special Meetings. Special meetings of the Board of Directors for any purpose may be called at any time by the President, or any Vice President, or any two directors.

Section 3. Notice of Meeting.
(a) Written notice of every regular meeting shall be given each at-large Director at least seven (7) days before each meeting. Notice may be delivered personally by mail or by e-mail to the last known address of the addressee and, if mailed, is complete upon mailing. Written notice of any meeting shall also be given pursuant to this subsection to any person who requests such notice in writing.
(b) An agenda listing the matters to be considered at each meeting shall be given to each Director, and to any person so requesting at least seven (7) days before the meeting.

Section 4. Place of Meeting. Meetings of the Board of Directors shall be held at the Foundation’s principal office, and from time to time, at any place within the City of San Bernardino, which has been designated by resolution of the Board or by written consent of all members of the Board.

Section 5. Open Meetings. All meetings of the Board of Directors shall be open and public, and all persons shall be permitted to attend any meeting of the Board.

Section 6. Quorum. A majority of the total number of directors constitutes a quorum to transact any business. Every act or decision done or made by a majority of the directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board of Directors, subject to the provisions of the California Nonprofit Corporation Law, especially those provisions relating to (i) approval of contracts or transactions in which a director has a direct or indirect material financial interest, (ii) creation of and appointments to committees of the Board, and (iii) indemnification of directors. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of directors, if any action taken is approved by at least a majority of the required quorum for that meeting.

Section 7. Manner of Acting. The act of the majority of the directors present at a meeting which a quorum is present shall be the act of the directors.

Section 8. Voting. Each director shall be entitled to cast one vote on each matter submitted to a vote of the directors.

Section 9. Proxy. There shall be no proxy voting permitted for the transaction of any of the business of the Foundation.

Section 10. Minutes of Meeting and Conduct. Regular minutes of the meetings of the Board of Directors shall be kept in a book/journal for that purpose. The President of the Board shall preside at meetings of the Board of Directors. The Board of Directors may adopt its own rules of procedure to supersede Rosenberg’s Rules of Order, insofar as Packet Page. 705
6 such rules are not inconsistent with, or in conflict with, these Bylaws, the Articles of incorporation of the Foundation, or with the law.

Section 10. Compensation and Expenses. No Director shall receive any salary or other similar compensation for any services as director, however the Board of Directors may authorize the reimbursement of actual and necessary expenses incurred by individual Directors performing duties as Directors.

ARTICLE IX: OFFICERS
Section 1. Officers. The officers of the Foundation shall be a President, a VicePresident, and a Secretary.

Section 2. Appointment of Officers. The Board of Directors shall elect the officers of the Foundation from among the members of the board at its Annual Meeting in June.

Each officer shall serve a term of one year or until the appointment of his or her replacement. Officers may serve additional terms if approved by the Board.

Section 3. Removal of Officers. The Board of Directors may remove any officer, with or without cause, at any regular or special meeting of the Board.

Section 4. Vacancies in Offices. In the event of a vacancy in any office due to death, resignation, removal, or disqualification, the Board of Directors shall appoint any director to serve the remaining term of the vacated office, through an application and selection process.

Section 5. Responsibilities of Officers.
(a) President. The President shall preside over meetings of the Board. The President shall execute, with the Secretary, in the name of the Foundation all deeds, bonds, contracts, and other obligations and instruments authorized by the Board of Directors to be executed. The President, with assistance from the City of San Bernardino Parks, Recreation and Community Services Director, shall present a budget for approval of the Board at the annual meeting. The President shall have such other powers and duties as may be prescribed by the Board of Directors or the Bylaws. The President shall have a vote on all matters.
(b) Vice President. In the absence or disability of the President, the Vice President shall perform all the duties of the President, and when so acting shall have all the powers of, and be subject to, all the restrictions upon, the President. The Vice Presidents shall have such other powers and perform such other duties as from time to time may be prescribed for them respectively by the Board of Directors or the President. (c) Secretary. The Secretary shall be responsible for following:
1) Agendas. The secretary shall prepare the agendas for the meetings. 2) Book of Minutes. The Secretary shall keep or cause to be kept, a Packet Page. 706
7 book of minutes of all meetings and actions of directors and committees of directors, with the time and place of holding, whether regular or special, and, if special, how authorized, the notice given, the names of those present at such meetings, the number of directors present or represented at meetings, and the proceedings of such meetings. In case of absence or disability of the Secretary or his or her refusal or neglect to act, such notices may be provided by the President, the Vice-President, or by the Board of Directors, and shall discharge such other duties a pertain to the office or as prescribed by the Board of Directors. Copies of the minutes of the Board of Directors and of the committees shall be regularly distributed to each member of the Board of Directors. 3) Records. The secretary shall keep, or cause to be kept the names and addresses of all directors.
4) Notices and Other Duties. The Secretary shall give, or cause to be given, all required notices of the meetings of the Board of Directors. The Secretary shall have such other powers and perform such other duties as may be prescribed by the Board of Directors or the Bylaws.

ARTICLE X:_ CHIEF EXECUTIVE OFFICER
Section 1. Appointment. The City of San Bernardino Parks, Recreation and Community Services Director shall serve as the Chief Executive Officer of the Foundation beginning on the date the Board of Directors adopts these Bylaws.

Section 2. Responsibilities. The Chief Executive Officer shall:
(a) Serve as the chief executive and administrative officer of the Foundation; (b) Implement the policies and programs set forth by the Board of Directors; (c) Coordinates and oversees the activities of the Foundation; (d) Monitor day-to-day Foundation operations;
(e) Report to the Board of Directors on a regular basis regarding Foundation activity updates;
(f) Sell, lease or exchange any Foundation personal, mixed, or real property as may be directed by the Board of Directors;
(g) Shall execute and deliver deeds, assignments, transfers, mortgages pledges, leases, covenants, promissory notes, releases, and other instruments, sealed or unsealed, incident to any transaction in which the Foundation engages. (h) Present, with assistance from the Chief Fiscal Officer, a Foundation budget for approval of the Board at the annual meeting.

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8 ARTICLE XI:_ CHIEF FISCAL OFFICER
Section 1. Appointment. The Finance Director of the City of San Bernardino shall serve as the Chief Fiscal Officer of the Foundation beginning on the date the Board of Directors adopts these Bylaws.

Section 2. Responsibilities.
(a) Fiscal Year – the fiscal year of the Foundation shall begin on the first day of July and end on the last day of June in each year.
(b) Books of Account - The Chief Fiscal Officer shall keep and maintain, or cause to be kept and maintained, adequate and correct books and records of the properties and business transactions of the Foundation, including accounts of its assets, liabilities, receipts, disbursements, gains, losses, capital, retained earnings, and other matters customarily included in financial statements.
(c) Deposit and Disbursement of Money and Valuables - The Chief Fiscal Officer shall deposit all money and other valuables, including donations, in the name and to the credit of the Foundation with such depositories as may be designated by the Board of Directors; shall disburse the funds of the Foundation as may be ordered by the Board of Directors; shall render to the President and Directors, an account of all transactions and the financial condition of the Foundation; and shall have other powers and perform such other duties as may be prescribed by the Board of Directors or the Bylaws. (d) Investment of Funds - The Chief Fiscal Officer shall invest and reinvest the distributable income of the Foundation on deposit with the Chief Fiscal Officer in such property, real, personal, or mixed, as deemed advisable by the Chief Fiscal Officer. Unless a restricted donation provides otherwise, "distributable income" means the total holdings of the Foundation, principle, and interest, less $2,500, which shall serve as the minimum holding of the Foundation. No principal or income shall be loaned to the Chief Fiscal Officer or to any director officer, or person that has at any time made a contribution to the Foundation. In any event, loans shall be made on the basis of an adequate interest charge and with adequate security.
(e) Borrowing - The Chief Fiscal Officer shall borrow money as directed by the Board of Directors and authorized by resolution.
(f) Annual Report - The Chief Fiscal Officer shall prepare an Annual Report to the Board of Directors not later than 180 days after the close of the Foundation’s fiscal year. Such report shall contain in appropriate detail the following information, duly certified by the Chief Fiscal Officer:
1) Assets and liabilities, including trust funds of the Foundation as of the end of the fiscal year;
2) Principal changes in assets and liabilities, including trust funds, during the fiscal year;
3) Revenue or receipts of the Foundation, both restricted and unrestricted to particular purposes, for the fiscal year;
4) Expenses or disbursements of the Foundation, for both general and Packet Page. 708
9 restricted purposes, during the fiscal year; and
5) Any information as required by California Corporations Code, Section 6322.

ARTICLE XII: COMMITTEES
Section 1. Committees of Directors. The Board of Directors may designate one or more committees of directors, each consisting of two or more directors, to serve at the pleasure of the Board. Such committees shall be designated by resolution. Any committee, excepting advisory committees, shall have all the authority of the Board to the extent provided in the resolution of the Board, except that no committee regardless of Board resolution may:
(a) Take any final action on matters which, under the Nonprofit Corporation Law of California, requires approval of the entire Board; (b) Fill vacancies in any committee;
(c) Amend or repeal Bylaws or adopt new Bylaws;
(d) Amend or repeal any resolution of the Board of Directors which by its express terms is not so amendable nor repealable;
(e) Appoint any other committees of the Board of Directors or the members of these committees;
(f) Approve any the following types of transactions: (1) transactions in which one or more directors have a material financial interest; (2) transactions between the Foundation and one or more of its directors; or transactions between the Foundation and any person in which one or more of its directors have a material financial interest.

Section 2. Executive Committee.
(a) The Board of Directors may establish an Executive Committee. If so established, the Executive Committee shall be chaired by the President and shall consist of the President, Vice-President, and Secretary, and immediate past-President, if the immediate past-President is not holding another office. The Executive Committee shall have the power to act between meetings of the entire Board, to make recommendations to the Board, to pay bills of the Foundation, to approve contracts and purchase orders on behalf of the Board, not to exceed $5,000 per contract or purchase, answer legal and taxing authority correspondence, and to accept gifts, bequests, endowments, grants, and donations less than $50,000. Authority remains with the Board and any interim action must be ratified by the Board at its next meeting. (b) Meetings of the Executive Committee shall be governed by, and held and taken in accordance with these Bylaws, concerning meetings of directors, with such changes in the context of those Bylaws as are necessary to substitute the committee for the Board of Directors, except that the time for regular meetings of committees may be Packet Page. 709
10 determined either by resolution of the Board of Directors or by resolution of the committee.

Minutes shall be kept of each meeting of the Executive Committee and shall be filed with the corporate records.

Section 3. Advisory Committees. The Board of Directors may establish one or more advisory committees, each comprised of two or more directors, but no more than a majority of the total number of directors, to serve at the pleasure of the Board. Such committees shall be established by resolution. These advisory committees shall act only in an advisory capacity to the Board of Directors and shall be clearly titled as "advisory'' committees.

ARTICLE XII: INDEMNIFICATION OF DIRECTORS, OFFICERS AND OTHER AGENTS Section 1. Right of Indemnity. To the fullest extent permitted by law, this Foundation shall indemnify its Directors, Officers, employees, and other persons described in Section 5238 (a) of the California Corporations codes, including persons formerly occupying such position, against all expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred by them in connection with any “proceeding,” as that term is used in that Section, and including any action by or in the right of the Foundation, by reason of the fact that the person is or was a person described in that Section. “Expenses,” as used by this bylaw, shall have the same meaning as in Section 5238 (a) of the California Corporations Code.

Section 2. Insurance. The Board of Directors shall adopt a resolution authorizing the purchase and maintenance of insurance on behalf of the Foundation’s Officers, Directors, employees, and other agents, against any liability asserted against or incurred by the Officer, Director, employee, or agent in such capacity or arising out of the Officer’s, Director’s, employee’s or agent's status as such, whether or not this Foundation would have the power to indemnify the agent against that liability.

ARTICLE XIII: CHECKS, CONTRACTS, LOANS, AND GIFTS
Section 1. Execution of Checks and Drafts. All checks, drafts, or other orders for payment of money, notes, or other evidences of indebtedness, issued in the name of or payable to the Foundation, shall be signed or endorsed by agent or agents of the Foundation (authorized City of San Bernardino personnel), including the Chief Fiscal Officer.

Section 2. Execution of Contracts. The Board of Directors, except as otherwise provided in these Bylaws, may authorize any officer or agent to enter into any contract or execute any instrument on behalf of the Foundation. Such authority may be general or confined to specific instances. Unless so authorized by the Board of Directors, or these Bylaws, no person shall have any power or authority to bind the Foundation by any contract or to pledge its credit to render it liable for any purpose or to any amount.

Section 3. Loans. The Board of Directors shall not make any loan of money or Packet Page. 710
11 property to or guarantee the obligation of any Director or Officer, unless approved by the Attorney General.

Section 4. Borrowing. No loan shall be contracted on behalf of the Foundation and no evidence of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors.

Section 5. Gifts. The Board of Directors may, at their discretion, accept on behalf of the Foundation, any contribution, gift, bequest, or device for the general purpose of for any specific purpose of the Foundations.

ARTICLE XIV: CONFLICT OF INTEREST
No member of the Board of Directors shall be financially interested in any contract or other transaction entered into by the Board of Directors, and any contract or transaction entered into in violation of this is void. No director may utilize information obtained by reason of Board membership for personal gain, and the Board of Director may recover any such gain realized.

ARTICLE XV: MAINTENANCE OF RECORDS AND AMENDMENTS
Section 1. Maintenance of Records. The Foundation shall keep the original or a copy of the Articles of Incorporation, these Bylaws as amended to date, the accounting books, records, and minutes of proceedings of the Board of Directors and any committees of the Board of Directors at the principal executive office of the Foundation or such place or places designated by the Board of Directors by resolution.

Section 2. Amendment of Articles of Incorporation. The Board of Directors may amend the Articles of Incorporation by resolution by a two-thirds vote of the Board of Directors. Notwithstanding the above, this Foundation shall not amend its Articles of Incorporation to alter any statement that appears in the original Articles of Incorporation of the names and addresses of the first Directors of this Foundation, nor the name and address of its initial agent, except to correct an error in such statement or to delete such statement after the Foundation has filed a "Statement by a Domestic Non-Profit Corporation" pursuant to Section 6210 of the California Nonprofit Corporation Law.

Section 3. Amendment of Bylaws. Amendments of these Bylaws may be adopted by resolution of the Board of Directors approved by two-thirds of the quorum present at such meeting.

Section 4. Rules. The Board of Directors may adopt, amend, or repeal rules not inconsistent with these Bylaws for the management of the internal affairs of the Foundation, and the governance of its officers, agents, committees, and employees.

ARTICLE XVI: DISSOLUTION
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12 The Foundation shall continue in perpetuity, unless it is dissolved by a two-thirds vote of the Board of Directors and a resolution of the City of San Bernardino City Council.

Upon such dissolution, the assets of the Foundation shall revert to the City of San Bernardino, to be distributed exclusively for purposes that are consistent with the purpose of the Foundation.

ARTICLE XVII: MEMBERSHIP
The Foundation shall have no members within the meaning of the California Nonprofit Corporation Law. Any action which would otherwise require approval by such members shall require approval of the Board of Directors and the City of San Bernardino City Council.

ARTICLE XVIII: CONSTRUCTION AND DEFINITIONS
Unless the context requires otherwise, the general provisions, rules of construction, and definitions in the California Nonprofit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the above, the masculine gender includes the feminine and neuter, the singular number includes the plural, the plural number includes the singular, and the term "person" includes both a corporation and a natural person.

ARTICLE XIX: CERTIFICATE OF SECRETARY
A Certificate of the Secretary of this Foundation shall be affixed to the original, or most recent amended version of the Bylaws, such Certificate to be in the following form:

CERTIFICATION OF SECRETARY
I DO HEREBY CERTIFY AS FOLLOWS:

That I am the duly elected, qualified and acting Secretary of the above named Foundation, that the foregoing BYLAWS were adopted by the Directors of said Foundation as the BYLAWS said Foundation on (date), and by the members on (date).

IN WITNESS THEREOF, I have hereunto set by hand this (day) of (month).

Board Secretary
Packet Page. 712

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks, Recreation, & Community Services
Subject: Accept Grant Award for Lytle Creek Park and
Community Center Renovations
Recommendation:

Adopt Resolution No. 2024-017 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting a grant award in the amount of $1,000,000 from the San Manuel Band of Mission Indians for renovations to Lytle Creek Park and Community Center.

2. Authorizing the City Manager, or designee, to conduct all negotiations, signings, and submittal of all necessary documents to receive the grant award.

3. Authorizing the Director of Finance and Management Services to amend the FY2023/24 Budget to appropriate $1,000,000 in grant funding for the Lytle Creek Park and Community Center Renovation projects.

Executive Summary
Accept grant funding in the amount of $1,000,000 from San Manuel Band of Mission Indians for Lytle Creek Park and Community Center renovation projects in FY 2023/24.

Project renovations will include repairs and upgrades to the park restrooms and gazebo shelter as well as the community center flooring, interior painting, and new furniture.

Background
In November 2023, the City of San Bernardino Parks, Recreation and Community Services Department was invited to submit a proposal for grant funds by the San Manuel Band of Mission Indians. Staff assessed the needs of various parks and facility locations and realized the funding could effectively address the needs at Lytle Creek Packet Page. 713
Park and Community Center.

San Manuel Band of Mission Indians maintains a philanthropic giving arm that provides grant support directed to non-profit and public organizations operating in San Bernardino and Riverside counties, as well as Las Vegas. The City has a long-standing partnership with San Manuel where oftentimes city projects are awarded grant funds that closely align with their pillars of giving: Inspiring Our Future through Education, Preserving Cultural Traditions & Empowering Indian Country, Empowering Lives, and Reinforcing Safe and Resilient Communities.

Discussion
The primary objective of the proposed project is to focus on the high-priority communities and the need for improvements to city parks. Improvements to Lytle Creek Park and Community Center in particular will allow engagement emphasized in recreation centers and surrounding park spaces. With upgraded indoor and outdoor amenities, Lytle Creek Park users will have a more welcoming community center in which programs will be introduced for all ages to participate. Lytle creek has seen a major uptick in drop-in attendance (up 40% since December 2022) due to small improvements completed inside the community center. With additional upgrades possible with this funding, the community center will re-engage all ages to come inside and improve quality of life through our programs and services.

Lytle Creek Park, a cherished space for community gatherings and activities, faces several challenges that hinder its full potential. The public restroom, a vital amenity, has been closed due to damage caused by transients and criminal activities. The Gazebo/picnic shelter, a popular outdoor space, requires essential upgrades such as new posts, an improved roof, and modern lighting options to maximize its utility for various events. Community Center Renovations include new seating for the game room, upgraded flooring with a durable finish, repainting the entire building for a fresh and inviting atmosphere, replacing old and damaged ceiling tiles, and purchasing a wall partition for effective space management. Additionally, the project will invest in new furniture throughout the facility, including tables, chairs, and blinds for the windows. The installation of above-door fans will mitigate the issue of flies entering through the automatic doors, which is a much-needed improvement to address the nuisance and ensure a clean environment.

The proposed renovations at Lytle Creek Community Center and Park represent a comprehensive approach to creating a space that not only meets the immediate needs of the community but also fosters a sense of belonging and well-being for all residents.

By addressing both outdoor and indoor elements, we aim to transform Lytle Creek into a vibrant and inclusive hub for recreational, educational, and community-building activities. While an exact timeline or detail of renovation details is not available at this time, staff is committed to providing an update to the Mayor and City Council in the next three months that will include prioritized needs for repair and estimated timelines for completion.

Packet Page. 714
2021-2025 Strategic Targets and Goals
This project is consistent with the Key Target No. 2: Focused, Aligned Leadership and Unified Community through the opportunity to improve city parks, increase community engagement and involvement in city-run recreation activities, and Key Target No. 3:

Improved Quality of Life through encouraging active lifestyles and crime reduction through built environment and increased community visibility.

Fiscal Impact
There is no fiscal impact to the general fund for this project. The budget for fiscal year 2023/24 shall be amended to recognize $1,000,000 from San Manuel Band of Mission Indians in grant funding for the Lytle Creek Park and Community Center Renovation Project.

Conclusion
Adopt Resolution No. 2024-017 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting a grant award in the amount of $1,000,000 from the San Manuel Band of Mission Indians for renovations to Lytle Creek Park and Community Center.

2. Authorizing the City Manager, or designee, to conduct all negotiations, signings, and submittal of all necessary documents to receive the grant award.

Attachments
Attachment 1 – Resolution No. 2024-017 Lytle Creek Park and Community Center Renovation Project Award
Attachment 2 – Lytle Creek – Ward 3 Funding Proposal November 2023 Attachment 3 – San Bernardino Grant Agreement – Lytle Creek CC Park Ward:

Third Ward
Synopsis of Previous Council Actions:

N/A
Packet Page. 715
Resolution No. 2024-017
Resolution 2024-017
January 17, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-017

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ACCEPTING A GRANT AWARD IN THE AMOUNT OF
$1,000,000 FROM THE SAN MANUEL BAND OF MISSION

INDIANS FOR RENOVATIONS TO LYTLE CREEK PARK

AND COMMUNITY CENTER, AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO CONDUCT ALL

NEGOTIATIONS, SIGNINGS, AND SUBMITTAL OF ALL

NECESSARY DOCUMENTS TO RECEIVE THE GRANT

AWARD, AND AUTHORIZING THE DIRECTOR OF

FINANCE AND MANAGEMENT SERVICES TO AMEND
THE FY2023/24 BUDGET TO APPROPRIATE $1,000,000 IN

GRANT FUNDING FOR THE LYTLE CREEK PARK AND
COMMUNITY CENTER RENOVATION PROJECTS.

WHEREAS, the City of San Bernardino Parks, Recreation and Community Services Department was invited to submit a proposal for grant funding in November 2023,and WHEREAS, City staff assessed the needs of various parks and facility locations and identified Lytle Creek Park and Community Center as the project proposal site; and WHEREAS, the Proposed renovations at Lytle Creek Park and Community Center represent a comprehensive approach to creating a space that meets the needs of the community and fosters a sense of belonging and well-being for all residents; and WHEREAS, the San Manuel Band of Mission Indians notified staff in December 2023 of a $1,000,000 grant award for the Lytle Creek Park and Community Center Renovation Projects.

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. Authorize the City Manager to accept the grant award in the amount of $1,000,000 from San Manuel Band of Mission Indians for renovations to Lytle Creek Park and Community Center.

SECTION 3. Authorize the City Manager, or his designee, to conduct all negotiations, signings, and submittal of all necessary documents to receive the grant award.

Packet Page. 716
Resolution No. 2024-017
Resolution 2024-017
January 17, 2024

Page 2 of 3 ends

SECTION 4. Authorize the Director of Finance and Management Services to amend the FY2023/24 Budget to appropriate $1,000,000 in grant funding for the Lytle Creek Park and Community Center renovation projects.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of January 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 717
Resolution No. 2024-017
Resolution 2024-017
January 17, 2024

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-017, adopted at a regular meeting held on the 17th day of January 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Page. 718
Proposal for Lytle Creek Park and Community Center Upgrades Ward 3
Dear Mr. Ustation
The City of San Bernardino is embarking on a mission to revitalize and upgrade the Lytle Creek Community Center and Park, a vibrant 17.9-acre recreational haven located at 380 S K St, San Bernardino, CA 92410.

This transformative project aims to elevate the park experience for all residents, with a particular focus on serving the diverse and underserved population in the area. By addressing key areas, both indoors and outdoors, we aspire to create a welcoming environment that enhances the health and well-being of individuals across all age groups and abilities.

Current Challenges:

Proposed Enhancements:

1. Restroom Renovation $550,000.

Prefabricated restroom. Male/Female ADA accessible.

Addressing security concerns with the newly implemented park ranger program.

Upgrading the restroom facilities to meet the needs of the community and ensure a safe and clean environment for all users.

2. Gazebo/Picnic Shelter Upgrade: $250,000.

Rehab/renovation. Not a new structure.

Installing new posts and upgrading the roof for increased stability and longevity.

Introducing solar or LED lighting to enhance safety and extend the usability of the space into the evening.

Promoting the Gazebo as a versatile, outdoor gathering spot for celebrations, meetings, and community events.

Packet Page. 719
Proposal for Lytle Creek Park and Community Center Upgrades Ward 3
Indoor Renovations at Lytle Creek Community Center:

Afterschool Program Enhancements:

Utilizing the recently awarded CAPS grant to introduce engaging and interactive afterschool programs. Focusing on three main areas: new painting, ADA-compliant restroom upgrades, and improved shelving in multipurpose rooms and classrooms.

3. General Facility Improvements: $155,000
• Introducing new seating for the game room to enhance comfort and encourage social engagement.
• Upgrading the flooring to vinyl wood for a modern and durable finish. • Repainting the entire building for a fresh and inviting atmosphere. • Replacing ceiling tiles to improve aesthetics and functionality. • Purchasing a wall partition for effective space management between programming and storage.

4. Enhanced Amenities: $45,000
Investing in new furniture throughout the facility, including tables, chairs, and blinds for windows.

Installing above-door fans in each room to mitigate the issue of flies entering through automatic doors.

Conclusion:

By addressing both outdoor and indoor elements, we aim to transform Lytle Creek into a vibrant and inclusive hub for recreational, educational, and community-building activities. Your support in funding these vital enhancements will contribute significantly to the overall health and vitality of the San Bernardino community.

Packet Page. 720
1 RESTRICTED GRANT AGREEMENT
San Manuel Band of Mission Indians
and
City of San Bernardino
Lytle Creek Community Center and Park Improvements
This Restricted Grant Agreement (this "Agreement") is entered into and made effective this December 15, 2023 (the "Effective Date") by and between the San Manuel Band of Mission Indians, a federally recognized Indian tribe located on the San Manuel Indian Reservation at 26569 Community Center Drive, Highland, CA, 92346 ("Tribe"), and the City of San Bernardino, a municipal government located at 290 North D Street, San Bernardino, CA 92401 (“Grantee”). Tribe, on the one hand, and Grantee, on the other hand, are each referred to herein individually as a “Party” and together as the “Parties.” I. GRANTEE'S STATUS. This grant is specifically conditioned upon Grantee’s status as an eligible grantee of Tribe in accordance with this Section. Grantee represents and warrants that it operates a fund that is a tax-exempt under Section 170 (b)(1)(v) of the Internal Revenue Code of 1986, as amended (hereinafter the “Code”), because Grantee is a governmental unit as defined by Section 170(c)(1) of the Code. Grantee represents and warrants that it is not a private foundation as defined in Section 509(a) of the Code. Grantee will notify Tribe immediately of any actual or proposed change in its tax status during the Grant Period (as defined below).

II. PURPOSE OF GRANT. The Parties acknowledge and agree that the purpose of Tribe's Grant (as defined below) is to provide funding for renovations and upgrades to the Lytle Creek Community Center and Park in Ward 3 of the City of San Bernardino (hereinafter "Grant Project"). The Grant (as defined below) is made only for renovations related to Lytle Creek Community Center and park improvements, including ADA accessible restroom addition, gazebo/picnic shelter upgrades, and indoor improvements associated with the Center’s afterschool enrichment program as described in this Agreement. The grant funds, which includes any interest earned on the funds (hereinafter collectively referred to as "Grant"), may not be used for any other purpose without prior written approval from Tribe.

III. OBJECTIVES OF GRANT PROJECT
Grantee shall undertake and complete Grant Project within eighteen (18) months of the Effective Date unless Tribe agrees in writing to alternative timelines.

IV. AMOUNT AND PAYMENT OF GRANT. The Parties agree the Grant amount is One Million Dollars ($1,000,000.00), payable upon Grantee's request within 15 days of Tribe's receipt of the fully executed Agreement, and that said Grant shall be used solely to fund renovations to Lytle Creek Community Center and Park in the City of San Bernardino.

V. PERIOD OF GRANT; TERM OF AGREEMENT. The Grant will be applied to fund the renovations of Lytle Creek Community Center and Park of San Bernardino for the period from Effective Date through completion of the Grant Project or within eighteen (18) months of Effective Date, whichever first occurs ("Execution Period").

VI. TERMS AND CONDITIONS OF GRANT. Grantee agrees that the Grant is subject to Packet Page. 721
2 the following conditions:
a. Expenditure of Grant Funds.

1. Use of Funds. Grantee will spend the Grant only for the purposes of funding the Grant Project as described above.

2. Payment of Funds to Related Parties of Tribe. No part of the Grant may be paid to any director, officer, employee or citizen (or their family members) of Tribe for any purpose.
b. Return of Funds. Grantee shall return to Tribe any and all Grant funds if Tribe determines in its reasonable discretion that either of the following apply:

1. Grantee has not performed in accordance with this Agreement; or

2. Any portion of the Grant is not used for the Grant Project. c. Records, Audits, Site Visits. The Grant provided by Tribe will be accounted for separately in Grantee's books and records. A systematic accounting record shall be kept by Grantee of the receipt and disbursement of the Grant. Grantee will retain original substantiating documents related to restricted Grant expenditures and make these records available for Tribe's review upon 10 days prior written request. As a material term of this Agreement Grantee agrees to maintain adequate financial records pertaining to the Grant for a minimum of three years after completion of the Grant Project, and acknowledges that Tribe may require Grantee to produce written documentation related to the Grant expenditures in a format appropriate to be forwarded by Tribe to the State of California in order to comply with Compact requirements, and Grantee agrees to timely comply with any such request. Tribe, or a designated representative, reserves the right, upon written notice, to conduct a site visit and/or audit Grantee's books and records relating to the expenditure of the Grant.
d. Reports. Grantee will submit a brief written summative report confirming completion of the Grant Project within sixty (60) days following the end of the Execution Period. e. Expenditures. Expenditures of the Grant must be made substantially in accordance with Section VI. Any material changes will be subject to Tribe's prior written approval.
f. Licensing and Credentials. Grantee will maintain, in full force and effect, all required governmental or professional licenses and credentials for itself, its facilities, and for its employees and all other persons engaged in work in conjunction with the Grant. g. Management and Organizational Changes. Grantee will provide immediate written notice to Tribe if significant changes or events occur during the Execution Period which could potentially impact the progress or outcome of the Grant Project, including, without limitation, changes in Grantee's management personnel or losses of funding from any other sources.
h. Termination. Either Party hereto may terminate this Agreement upon not less Packet Page. 722
3 than thirty (30) days' prior written notice to the other for failure on the part of such Party to perform a material obligation hereunder, or for a breach of such Party's representation or warranty made in this Agreement. Tribe may terminate this Agreement upon not less than thirty (30) days' prior written notice to Grantee for (i) Grantee's change in the fundamental mission, or (ii) Grantee's implication in an event, or series of events, of such notoriety or opprobrium that the continuation of this Agreement has or will have a negative impact upon Tribe, its image or reputation, or (iii) Grantee's inability to fulfill the requirements for payment set forth herein.

In the event of any termination of this Agreement, Grantee shall return all Grant funds received excluding all expenditures and contractual encumbrances consistent with this Agreement and incurred by Grantee in reliance on this Agreement.

If Tribe terminates this Agreement due to Grantee's breach hereof, Grantee will remove all signage and other identification from the facilities and all other places, things and sites wherever there are references to Tribe (collectively, "All Identification"), at Grantee's sole cost and expense.

Under all events of termination hereunder, the removal of All Identification will be completed as soon as reasonably practical, but in no event later than thirty (30) days after the notice of termination. The foregoing rights and remedies are cumulative of, and in addition to, any rights, remedies or recourses to which the terminating party may be entitled at law or in equity.
i. Public Reporting and Media. In recognition of the Grant it is the Parties' understanding that Grantee will express its appreciation and provide recognition publicly to Tribe. The Parties will mutually agree in advance on the manner of presentation and contents of such public recognition. Grantee will also disseminate to the public, by using established channels of communication, pertinent information relating to the results, findings or methods developed through the Grant.
j. Knowing Assumption of Obligations. Grantee acknowledges that it understands its obligations imposed by this Agreement.
k. Terrorist Activity. Grantee represents and warrants that it does not support or conduct, directly or indirectly, violence or terrorist activity of any kind.

I. Identification of Tribe. Grantee shall ensure that Tribe is clearly identified as a funder or supporter of Grantee in all published material relating to the subject matter of the Grant. All proposed external communications by Grantee regarding the subject matter of the Grant or the Tribe shall be submitted first to Tribe for its review and written approval. m. Ownership and Use of Marks.

1. License. Grantee acknowledges and agrees that Tribe is the owner of all right, title and interest in and to Tribe's name and logo (collectively its "Marks") and that Grantee's use of the Marks pursuant to this Agreement inures to the benefit of Tribe. Tribe hereby grants Grantee a non-exclusive and non-transferable license, without the right to sublicense, to use the Marks solely in connection with providing recognition of the Grant pursuant to this Agreement. Grantee will have no rights in or to the Marks, except as expressly granted Packet Page. 723
4 herein. Tribe expressly reserves to itself all rights in and to the Marks not expressly granted to Grantee pursuant to this Agreement. The manner and use of the Marks shall comply with all federal and state laws pertaining to trade names, trademarks and service marks in force at any time and shall clearly indicate Tribe's ownership of the Marks as requested and approved by Tribe.

2. Approval Rights. All uses of the Marks by Grantee are subject to the prior written approval of Tribe. Grantee will submit to Tribe for approval, at least ten (10) business days prior to its intended first use, all materials which contain the Marks (whether in print media, direct mail, television, radio, internet, email, billboard or in any other form, media or channel). Tribe will have the right to review and approve any copy containing reference to Tribe or including the Marks prior to its use by Grantee. Tribe will use its reasonable efforts to promptly review materials sent by Grantee for approval and will not unreasonably withhold or delay its approval. In no event shall Grantee make any unapproved changes to the Marks. n. Selection of Subgrantees. With regard to the selection of any subgrantees to carry out the purposes of the Grant, Grantee retains full discretion and control over the selection process, acting completely independently of Tribe. There is no agreement, written or oral, by which Tribe may cause Grantee to choose any particular subgrantee. o. No Agency. Grantee is solely responsible for all activities supported by the Grant, the content of any product created with the Grant, and the manner in which any such product may be disseminated. This Agreement will not create any agency relationship, partnership, or joint venture between the Parties, and Grantee will make no such representation to anyone.
p. Remedies. If Tribe determines, in its reasonable discretion, that Grantee has substantially violated or failed to carry out any provision hereof, including but not limited to failure to submit reports when due, Tribe may, in addition to any other legal remedies it may have, refuse to make any further Grant payments to Grantee hereunder or any other grant agreement, and Tribe may demand the return of all or part of the Grant funds not properly spent or committed to third parties, which Grantee will immediately repay to Tribe. Tribe may also avail itself of any other remedies available at law.
q. Waiver of Claims and Indemnification. Grantee waives any and all claims and recourse against Tribe, including the right of contribution for loss or damages to persons or property arising from, growing out of, or in any way connected with or incidental to fulfillment of the terms and conditions specified in this Agreement. Additionally, Grantee will indemnify, defend, protect and hold Tribe and its officers, managers, members, employees, agents and representatives, harmless from any cost, expense, claim, demand, liability and/or damage, including reasonable attorney's fees and costs ("Claims"), arising out of or in connection with, in whole or in part, (i) any false or misleading representation made by Grantee, its agents, employees or delegated representatives in connection with this Agreement, (ii) its breach of any term of this Agreement, (iii) the performance of Tribe's obligations pursuant to this Agreement, or (iv) any claims or actions brought by third parties, including, but not limited to, parties set forth below. Grantee further waives any and all Claims to the extent resulting from, relating to or arising out of (i) the facilities where programs are delivered and/or the operational activities of Grantee therein, including, without limitation, any disputes by, between or among participants, users, guests, or any other attendees and Grantee (or Grantee's respective agents, subcontractors Packet Page. 724
5 (if any), and employees) or its products and services, any personal injuries sustained by any person at or in connection with the facilities where programs are delivered, and/or any agreements with third parties entered into by Grantee or its agents in connection with the operation of the same facilities, or (ii) the negligent acts or omissions or willful misconduct of Grantee or its agents, subcontractors (if any), or employees in connection with the subject matter of this Agreement, except to the extent those Claims are directly caused by the negligence or willful misconduct of Tribe or its agents or employees.

The obligations of this Section VI (q) shall survive until the expiration of the statute of limitations applicable to the event giving rise to the Claims. r. Notices. All notices, requests, demands, or other communication permitted or required to be given under this Agreement shall be in writing and shall be deemed given or made when sent by United States certified or registered mail, return receipt requested and postage prepaid, or by a nationally recognized overnight courier, delivery fee prepaid, and in either case to the persons and at the addresses specified below:

If to Tribe:

Chief Intergovernmental Affairs Officer
San Manuel Band of Mission Indians
26569 Community Center Drive
Highland, CA 92346
If to Grantee:

Lydie Gutfeld
Director of Parks and Recreation
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
The persons and addresses set forth above, from time to time, may be changed by written notice sent as aforesaid to the other Party.
s. Captions. All captions and headings in this Agreement are for the purposes of reference and convenience only. They shall not limit or expand the provisions of this Agreement.
t. Entire Agreement; Amendments and Modifications. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral, written and other agreements between the Parties. This Agreement may not be amended or modified, except in a writing signed by both Parties. u. Governing Law/ Jurisdiction. This Agreement shall at all times be governed by and construed in accordance with the laws of the State of California applicable to agreements made in California. Nothing in this Agreement shall be construed as a waiver of Tribe's immunity to unconsented suit.

Packet Page. 725
6 v. Non-Assignment. The Parties agree that none of the provisions of this Agreement shall be assigned or delegated to any other person or entity without the prior written consent of the other Party, which consent will be in the Party's sole and absolute discretion. w. Successors and Assigns. The Parties agree that this Agreement shall be binding upon them and each of their respective successors and permitted assigns. x. Amendment. This Agreement may only be amended in a writing signed by each of the Parties hereto.
y. Waiver. No waiver hereunder will be valid unless set forth in a writing signed by the Party to be bound thereby. Neither the failure nor any delay on the part of either Party to exercise any right or remedy under this Agreement shall operate as a waiver thereof. z. Force Majeure. Each of the Parties shall be excused from performing its obligations under this Agreement if its performance is delayed or prevented by any event beyond such Party's reasonable control, including, but not limited to, acts of God, earthquake, fire, explosion, weather, disease, war, insurrection, civil strife, riots government actions, or power failure, provided that such performance shall be executed only to the extent of and during such disability.
aa. Severability. In the event any portion of this Agreement or any amendments or addenda hereto shall be held illegal, void or ineffective, the remaining portions hereof shall remain in full force and effect. If any of the terms or conditions of this Agreement is in conflict with any applicable statute or rule of law, then such term or condition shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed to be modified to conform to such statute or rule of law.
bb. Counterparts. This Agreement may be executed in two or more counterparts, each of which is deemed an original, but all of which taken together shall constitute one and the same instrument.

The Parties have executed this Agreement as of the date first written above.

SAN MANUEL BAND OF MISSION INDIANS CITY OF SAN BERNARDINO By: ___________________________________ By: __________________________ Name: Name:

Title: Title:

Dan D'Arrigo CFO
Packet Page. 726

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lydie Gutfeld, Director of Parks, Recreation, & Community Services
Department: Parks, Recreation, & Community Services
Subject: Approve the Purchase of a Mobile Diesel Generator Through the Home and Community Based Services
(HCBS) Senior Nutrition Infrastructure Grant Program
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-018 to:

1. Accept and approve Request for Quotation (RFQ) F-23-77 for the purchase of a mobile diesel generator through the Home and Community Based Services Senior Nutrition Infrastructure Grant Program (HCBS-NI);

2. Authorize the City Manager to execute the Vendor Services Agreement (VSA) between the City of San Bernardino and Bell Electrical Supply Co., Inc. for the purchase of a new mobile towable diesel generator; and

3. Authorize the Director of Finance to issue a purchase order in the amount of $136,089 to Bell Electrical Supply Co., Inc.

Executive Summary
The Parks, Recreation and Community Services Department has received vendor quotes for RFQ F-23-77 for the purchase of a new mobile towable diesel generator in the amount of $136,089. The generator will be purchased with HCBS-NI Grant Award funds of $304,846, accepted and approved by the Mayor and City Council at a previous Meeting. The generator will allow the continuation of the Older Californians Nutrition Program meal service during a power outage.

Background
The City of San Bernardino is a congregate meal provider serving the San Bernardino community seniors, 60 years of age and older, through the Older Californians Nutrition Packet Page. 727
Program at six congregate sites: 5th Street Senior Center, Perris Hill Senior Center, Hernandez Community Center, Lytle Creek Community Center, New Hope Family Life Center, and Highland Senior Center. The City prepares meals at the 5th Street Senior Center and delivers meals daily. The City provides approximately 60,000 meals annually to an estimated 250 recipients.

The Older Californians Nutrition Program is supported by funding received from the County of San Bernardino Department of Aging and Adult Services – Public Guardian (DAAS-PG). The City, as a nutrition provider, was contacted by County DAAS-PG and given the opportunity to submit a proposal for additional funding through the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program (HCBS-NI). The HCBS-NI Grant Program’s purpose is to enhance, expand, and increase senior nutrition throughout San Bernardino County through capacity and infrastructure improvements. On December 13, 2022, the City was awarded $304,846 for various meal capacity and infrastructure improvements.

Discussion
The City has been steadily purchasing off the list of items funded by the HCBS-NI Grant. On occasion, either through a natural disaster or other potential emergency, such as risk of wildfire during extreme heat, and potentially dangerous weather conditions to prevent the electrical system from becoming an ignition source, Southern California Edison will turn off power. To prepare for these outages or emergencies, the City needs a portable generator to continue meal preparation at the 5th Street Center that houses a commercial food preparation and cooking kitchen. Additionally, a generator is needed to keep the integrity of frozen and refrigerated goods from spoilage and prevent delivery delays at other nutrition sites.

On November 1, 2023, a formal RFQ process (RFQ F-23-77) was initiated to solicit quotes for the purchase of a new mobile towable diesel generator for the 5th Street Senior Center. Notices were posted through PlanetBids, as well as to a potential bidder list provided by the Fleet Division. The closing date for the RFQ was November 14, 2023. The City received the following quotes:

NAME OF QUOTER CITY AND
STATE
QUOTE
AMOUNT
Bell Electrical Supply Co., Inc. Woodside, NY $136,088.13 Ramsey-Bliese Corp, DBA Leete Generators Santa Rosa, CA $145,817.40 Blue Angel International LLC Berkeley, CA $156,012.75
After a review of the three quotes, staff determined that Bell Electrical Supply Co., Inc. is the lowest quoter and meets the minimum requirements of the quote specifications and guidelines. Based on the above information, Bell Electrical Supply Co., Inc. is the most responsive quoter, and staff recommends the VSA be awarded to Bell Electrical Supply Co., Inc.

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2021-2025 Strategic Targets and Goals
Adoption of this Resolution aligns with Strategic Target No. 1: Improved Operational & Financial Capacity by utilizing an awarded grant fund source to enhance, expand, and increase senior nutrition services into the future and Strategic Target No. 3: Improved Quality of Life by providing the necessary capacity and infrastructure improvements to serve low-cost nutritious meals for the senior-aged population during a power outage.

Fiscal Impact
There is no impact on the general operating budget as funds are currently allocated for purchases of the Older Californians Nutrition Program infrastructure needs. There is currently $145,890 of budget remaining in account 123-380-8995*5704 to support this item.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-018 to:

3. Authorize the Director of Finance to issue a purchase order in the amount of $136,089 to Bell Electrical Supply Co., Inc.

Attachments
Attachment 1 - Resolution 2024-018, HCBS-NI Grant Mobile Diesel Generator Purchase
Attachment 2 - RFQ F-23-77 & Quotes-Mobile Diesel Generator Attachment 3 - VSA - Bell Electrical Supply Co Inc, Mobile Diesel Generator
Ward:

All Wards
Synopsis of Previous Council Actions:

January 18, 2023 The Mayor and City Council adopted Resolution No. 2023- 014 to accept and allocate additional grant funds for the Senior Nutrition Program from the Home and Community
Based Services (HCBS) Senior Nutrition Infrastructure Grant Program in the amount of $304,846.

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Resolution No. 2024-018
Resolution 2024-018
January 17,2023

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RESOLUTION NO. 2024-018

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, TO ADOPT RESOLUTION NO. 2024 - TO ACCEPT AND APPROVE RFQ F-23-77 FOR THE PURCHASE OF A MOBILE DIESEL

GENERATOR THROUGH THE HOME AND COMMUNITY BASED SERVICES SENIOR NUTRITION INFRASTRUCTURE GRANT PROGRAM (HCBS-NI);

AUTHORIZE THE CITY MANAGER TO EXECUTE THE VENDOR SERVICES AGREEMENT FOR BELL ELECTRICAL SUPPLY CO., INC. BETWEEN THE CITY OF SAN BERNARDINO AND BELL ELECTRICAL SUPPLY CO., INC. FOR THE PURCHASE OF A NEW MOBILE TOWABLE DIESEL GENERATOR; AND

AUTHORIZE THE FINANCE DIRECTOR TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF $136,089 TO BELL ELECTRICAL SUPPLY CO., INC.

WHEREAS, The City of San Bernardino is contracted (County Contract #22-666) with the San Bernardino County Department of Aging and Adult Services (DAAS) as one of eight (8) nutrition providers in the County; and
WHEREAS, The Parks, Recreation and Community Services Department submitted a Grant Proposal upon invite to the San Bernardino County DAAS for consideration for funding from the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program (California Department of Aging, Mello-Granlund Older Californians Act) to enhance, expand, and increase senior nutrition infrastructure in California; and WHEREAS, on December 14, 2022, San Bernardino County Department of Aging and Adult Services (DAAS) issued a Letter of Grant Award – Older Californians Nutrition Program (California Department of Aging for Home and Community Based services Senior Nutrition Infrastructure Funding) to the City of San Bernardino; and WHEREAS, on November 1, 2024, a formal RFQ process (RFQ F-23-77) was initiated to solicit quotes for the purchase of one mobile towable diesel generator for the 5th Street Senior Center Older Californians Nutrition Program. The HCBS-NI Grant Program funds shall be expended by December 31, 2024.

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

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

SECTION 2. The Mayor and City Council of the City of San Bernardino hereby accept and approve RFQ F-23-77 for the purchase of a mobile diesel generator with funds from the Home and Community Based Services (HCBS) Senior Nutrition Infrastructure Grant Program.

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Resolution No. 2024-018
Resolution 2024-018
January 17,2023

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SECTION 3. The City Manager is hereby authorized to execute the Vendor Services Agreement for Bell Electrical Supply Co., Inc.

SECTION 4. The Finance Director is hereby authorized to issue a purchase order to Bell Electrical Supply Co., Inc. in the amount of $136,089.

SECTION 5. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the 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. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 17th day of January 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2024-018
Resolution 2024-018
January 17,2023

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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. 2024-___, adopted at a regular meeting held on the ___ day of _______ 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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Vendor Services Agreement

VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND BELL ELECTRICAL SUPPLY CO., INC.

This Agreement is made and entered into as of January 17, 2024 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 Bell Electrical Supply Co., Inc., a corporation with its principal place of business at 6908 Queens Blvd., Woodside, NY 11377 (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 vendor services for the following project:

Senior Nutrition Program mobile Diesel Generator Purchase (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

3. Vendor Practices. All vendor services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal.

Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services Packet Page. 733
in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement (Project Procurement) exceed the sum of $136,089 (one hundred thirty six thousand and eighty nine dollars). This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

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

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

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

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

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

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

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

9. Delays in Performance.

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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 practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the industry currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of Packet Page. 735
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 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.

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(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. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.

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(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.
g. Aviation and/or Drone Liability Not Applicable
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

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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
Aviation/Drone Liability Not Applicable
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.

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(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification.

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

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code 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 Packet Page. 741
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.

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.

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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 services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

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

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

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

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27. Organization. Consultant shall assign Anthony Baek 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: City Manager
With Copy To:

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

Bell Electrical Supply Co., Inc.; Anthony
Baek, President

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

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

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

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and Packet Page. 744
provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

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

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

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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

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

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

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

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

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

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

43. Electronic 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 VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND BELL ELECTRICAL SUPPLY CO., INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Charles A. Montoya
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Name
Title
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EXHIBIT “A”

PROPOSED SCOPE OF PROJECT/EQUIPMENT SERVICES
The Vendor 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.

PROCUREMENT of One(1) Generac Mobile Towable Diesel Generator, 120kW/150kVA (Prime), MDG150DF4-STD3 w/MTG060 Trailer Specifications or equivalent to… 10-amp battery charger spare tire and carrier
Battery Disconnect LoJack vehicle recovery system
Positive air shut-off Electronic
Cam locks quad set female
Buck transformer
Superstar Generator-MDG150
Superstar Generator-MDG175
Superstar Generator-MDG250 includes PMG
3 Position Phase switch-MDG250
4 Position Phase switch-MDG150 & MGD175
4 Position Phase switch-MGD250
PMG generator
DVR2000E+ (includes Required PMG)
Paralleling – includes DVR2000E+& PMG
Cold Climate
60/40 coolant block heater ccv heater includes buck transformer clutch fan heated fuel filter Fuel Liquid Containment – double wall tank w/engine fluid containment Trailer
Rear stabilizer jacks
Fire ext. 5lb. fire extinguisher
Storage – aluminum storage box – tongue mount
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks & Recreation & Community Services
Subject: Accept the RFP 22-39 Youth Enrichment Programs Award for Fiscal Year 2023/2024
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt resolution 2024-019:

1. Authorizing the City Manager, or his designee, to accept the award for RFP No. 22-39 Youth Enrichment Programs for an amount not to exceed $145,000 through Fiscal Year 2023/2024;

2. Authorizing the City Manager, or his designee, to conduct all negotiations, signing, and submittals of necessary documents to receive RFP awards; and

3. Authorizing the Director of Finance and Management Services to amend the budget in both revenue and expenditures by $145,000 and appropriate the funds for Fiscal Year 2023/2024.

Executive Summary
The Parks, Recreation, and Community Services Department received notification of intent to award RFP No. 22-39 Youth Enrichment Programs for a total amount not to exceed $145,000 through Fiscal Year 2023/2024 from the San Bernardino City Unified School District. The RFP funds will be used to pay for materials, supplies, equipment, facility rental, and staff salaries related to the operations of the Rec SCENE afterschool program pass.

Background
The San Bernardino City Unified School District (SBCUSD) has an Average Daily Attendance (ADA) of approximately 47,000 students, is located in central San Bernardino County, and serves a diverse geological area of approximately 105 square Packet Page. 749
miles. The SBCUSD consists of small schools in rural mountain and foothill communities and larger suburban schools in valley flatland areas. The district operates 49 elementary schools, 11 middle schools, and 10 high schools. In addition, SBCUSD operates a continuation school, community day school, independent study schools, charter schools, and adult education and preschool programs.

SBCUSD announced a Request for Proposals for Youth Enrichment Programs to provide services to SBCUSD students before and/or after school, summer sessions, and intersessions. The proposed program must integrate with the regular school day and other expanded learning opportunities while providing a safe physical and emotional environment, opportunities for relationship building, and promotion of active student engagement.

The Parks, Recreation, and Community Services Department submitted a proposal for RFP No. 22-39 on June 1, 2023, and an Intent to Award notice was received by staff on September 10, 2023, with a deadline to submit documents to finalize the bid on September 22, 2023.

Discussion
The Parks, Recreation, and Community Services Department staff discussed the opportunity to propose additional after-school programs for youth attending a SBCUSD school. Staff created multiple proposals for a variety of programming including, but not limited to swim lessons, tap dance, robotics camp, creative arts, video production and content creation, bowling, multi-sport programs, and karate. Department staff created a recreation pass, named Rec SCENE, which will allow participants to participate in multiple programs and activities offered through the department, and included it as part of the proposal.

The Rec SCENE will be an afterschool program that will aim to focus on:

R-Recreation
E-Education
C-Culture
By encouraging youth to:

S-Socialize with others
C-Create memories
E-Enrich their minds and bodies
N-Navigate life skills through problem solving
E-Engage in their communities
Rec SCENE afterschool program will include activities and classes such as art classes, robotics, content creator classes, karate, sports clinics, tap dance, e-sports, bowling, and flag football. Hundreds of SBCUSD students will have access to the Rec SCENE program. The costs for the Rec SCENE operations are fully Packet Page. 750
reimbursable upon receipt of invoices each month that will be sent to the District by department staff.
2021-2025 Strategic Targets and Goals
This request aligns with Strategic Target No. 1: Improved Operational & Financial Capacity since the grant will focus on providing funding for transportation, program operations, and the associated capacity costs. This request also aligns with Strategic Target No. 2: Focused, Aligned Leadership and Unified Community by providing service learning, career pathways, and leadership opportunities. Lastly, this request aligns with Strategic Target No. 3: Improved Quality of Life by increasing the ability of residents in underserved areas and improving their health and wellness through educational and outdoor recreational activities.

Fiscal Impact
There is no General Fund impact with this item. The FY 2023/24 operating budget will be amended by $145,000 in both revenues and expenditures Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt resolution 2024-019:

1. Authorizing the City Manager, or his designee, to accept the award for RFP No. 22-39 Youth Enrichment Programs for an amount not to exceed $145,000 through Fiscal Year 2023/2024;

2. Authorizing the City Manager, or his designee, to conduct all negotiations, signing, and submittals of necessary documents to receive RFP awards; and

3. Authorizing the Director of Finance and Management Services to amend the budget in both revenue and expenditures by $145,000 and appropriate the funds for Fiscal Year 2023/2024.

Attachments
Attachment 1 Resolution 2024-019
Attachment 2 RFP No. 22-39 Contract – City of San Bernardino Parks, Recreation and Community Services
Attachment 3 RFP No 22-39 Proposal – City of San Bernardino Parks, Recreation and Community Services
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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Resolution No. 2024-019
Resolution 2024-019
January 17, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-019

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO ACCEPT THE AWARD FOR RFP NO. 22-39 YOUTH

ENRICHMENT PROGRAMS FOR AN AMOUNT NOT TO
EXCEED $145,000 ANNUALLY FOR FY 2023-2024;

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE

TO CONDUCT ALL NEGOTIATIONS, SIGNING, AND

SUBMITTALS OF NECESSARY DOCUMENTS TO
RECEIVE RFP AWARDS; AND AUTHORIZING THE

DIRECTOR OF FINANCE AND MANAGEMENT SERVICES

TO AMEND THE BUDGET TO APPROPRIATE THE RFP
FUNDS FOR FY 2023-2024.

WHEREAS, the San Bernardino City School District announced their request for proposals for Youth Enrichment programs for District students, integrating the regular school and other expanded learning opportunities while providing a safe physical and emotional environment, opportunities for relationship building, and promotion of active student engagement; and WHEREAS, the Parks, Recreation and Community Services Department submitted a proposal for Youth Enrichment Programs on June 1, 2023 with the Rec SCENE, a recreation pass to programs and activities for participants; and
WHEREAS, the Parks, Recreation and Community Services Department staff received an Intent to Award letter from the San Bernardino City Unified School District for the Rec SCENE proposal, for an amount not to exceed $145,000 annually for Fiscal Year 2023-2024.

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

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

SECTION 2. Mayor and City Council hereby authorize the City Manager or his designee to accept the award for RFP No. 22-39 Youth Enrichment Programs for an amount not to exceed $145, 000 annually through Fiscal Year 2023-2024.

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

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Resolution No. 2024-019
Resolution 2024-019
January 17, 2024

Page 2 of 3 ends

SECTION 4. Mayor and City Council of City of San Bernardino hereby authorize the Director of Finance and Management Services to amend the FY 2023-2024 adopted operating budget for revenue and expenditures in the amount of $145,000 a month, for a total of $1,305,000.

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 17th day of January 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2024-019
Resolution 2024-019
January 17, 2024

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-019, adopted at a regular meeting held on the 17th day of January 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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Contract No.: 23/24- RFP No. 22-39 City of San Bernardino Parks, Recreation and Community Services-LC

SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
777 North F Street
San Bernardino, CA 92410
Agreement to Provide Youth Enrichment Programs
Expanded Learning - Creative Before and After School Programs This Agreement is hereby entered into between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT hereinafter referred to as the (“DISTRICT”) with its principal place of business located at 777 North F Street, San Bernardino, CA 91410 and City of San Bernardino Parks, Recreation and Community Services hereinafter referred to as (“PROVIDER”) with a mailing address of 201-A North E STreet, Suite 130, San Bernardino, CA 92401.

RECITALS:

WHEREAS, the DISTRICT is authorized by Section 53060 of the California Government Code to contract with and employ any persons for the furnishing of special services and advice in financial, economic, accounting, engineering, legal or administrative matters, if such persons are specially trained and experienced and competent to perform the special services required; and, WHEREAS, the PROVIDER itself is, or those hired by the PROVIDER are, specially trained, experienced and competent to render the special services required by the DISTRICT, and such services are needed on a limited basis;
NOW, THEREFORE, the DISTRICT and the PROVIDER mutually agree to enter into this Agreement as follows:

ARTICLE I: CONTRACT
The complete contract includes all RFP documents, all of the contract documents, including the Notice Inviting Proposals, RFP No. 22-39 Youth Enrichment Programs, Expanded Learning - Creative Before and After School Programs, all proposal addenda, the submitted proposal, all negotiation documents, any resultant purchase order(s), District’s Terms and Conditions, Federal Procurement Contracts Compliance Certification Form, Special Conditions, if any, Scope of Work, Specifications, Attachments, Exhibits, if any, this Agreement, and all modifications and amendments thereto, and by this reference are incorporated herein. The contract documents are complementary, and what is called for by any one shall be as binding as if called for by all.

ARTICLE II: PERIOD OF AGREEMENT
A. This Agreement is effective October 4, 2023 through June 30, 2024, unless rescinded by either

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Contract No.: 23/24- RFP No. 22-39 City of San Bernardino Parks, Recreation and Community Services-LC party upon receipt of a thirty (30) day advance written notice to the other party. The term of this agreement may be extended annually upon mutual agreement of the parties hereto, not to exceed an accumulative five (5) years.

B. Upon a showing of good and sufficient cause by the PROVIDER, the DISTRICT may at its discretion, grant such extensions of time as it may deem advisable or necessary to attain the desired goals and the PROVIDER may continue the results required hereunder.

ARTICLE III: SCOPE OF WORK
The PROVIDER shall perform within the time set in the Notice to Proceed, everything required to be performed, and shall provide and furnish all the personnel, labor, and services, as described in all the documents of RFP No. 22-39 Youth Enrichment Programs, Expanded Learning - Creative Before and After School Programs. Services shall be provided and performed in strict accordance with all such requirements and provisions described in Article, 1, Contract. The PROVIDER shall be liable to the DISTRICT for any damages arising as a result of a failure to fully comply with this obligation.

The PROVIDER will provide an after-school youth enrichment program for District students as further described in the proposal response to the RFP Scope of Work.

The PROVIDER’s proposal shall not be made part of this Agreement. In the event of any conflicting terms in the exhibits, this Agreement shall control.

ARTICLE IV: COMPENSATION FOR SERVICES AND INVOICING
A. Compensation.

The DISTRICT agrees to compensate the PROVIDER for services rendered to accomplish the results required hereunder, at a not to exceed annual cost of one hundred and forty-five thousand dollars ($145,000.00) to be invoiced monthly in accordance with the bid sheets submitted in RFP No. 22-39 Youth Enrichment Programs, Expanded Learning - Creative Before and After School Programs.

The DISTRICT shall not owe any fee for services contemplated hereunder but not performed. The DISTRICT shall make payment to the PROVIDER after the receipt and approval of an invoice.

The PROVIDER’s fee is inclusive of all services hereunder and the DISTRICT will pay no separate amount for travel or other expenses of the PROVIDER under this Agreement.

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Contract No.: 23/24- RFP No. 22-39 City of San Bernardino Parks, Recreation and Community Services-LC B. Invoices.

As part of the DISTRICT’s year end process, all invoices for services rendered during this fiscal year must be received by the DISTRICT not later than July 15, 2024. Failure to submit invoices by the date may result in late payment of invoice.

The Agreement number on the upper left side of this page and the purchase order number should always be referenced in any correspondence or invoices submitted pertaining to this Agreement to the District. The invoice shall describe in detail the services rendered and must include the purchase order number.

The “Contract No.” on the upper left side of this page and the purchase order number should always be referenced in any correspondence or invoices submitted pertaining to this Agreement to the District. All invoices shall describe in detail the services rendered with supporting documentation and must reference the agreement and purchase order number. Invoices should be submitted to the following address to process for payment:

SBCUSD – Expanded Learning
1535 West Highland Avenue,
San Bernardino, CA 92411
(909) 880-6843
ARTICLE V: NOTICES
All notices and documents required pursuant to the terms hereof shall be in writing and may be delivered in person or by certified or registered mail, postage paid, as follows:

Provider: District Department Contact District Purchasing Contract Lydie Gutfeld, Director
City of San Bernardino Parks,
Recreation & Community Svc
201-A North E Street, #130
San Bernardino, CA 92401
(909) 384-5030
[email protected]
Ann Pearson, Director
Expanded Learning
1535 W. Highland Blvd., Rm 17
San Bernardino, CA 92411
(909) 880-6843
[email protected]
Laura Cardenas, Director
Purchasing Services
777 North F Street
San Bernardino, CA 92410
(909) 381-1126
[email protected]

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Contract No.: 23/24- RFP No. 22-39 City of San Bernardino Parks, Recreation and Community Services-LC ARTICLE VI: STANDARD TERMS AND CONDITIONS
This Agreement constitutes a part of a whole including the Standard Terms and Conditions.

PROVIDER understands that no one document supersedes the other but holds equal precedence and are intended to be complementary.

ARTICLE VII: COMPLETE AGREEMENT
RFP No. 22-39, this agreement, terms on the purchase order and addenda incorporated herein by reference, represents the entire agreement and understanding between the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.

The terms of RFP No. 22-39 and this Agreement will prevail over any different or additional terms in Respondent’s proposal unless agreed in writing by DISTRICT. Any modifications to this Agreement shall be in writing and signed by authorized representatives of the parties.

ARTICLE VIII: PROVIDER EVALUATION AND MONITORING
The DISTRICT will monitor and evaluate the progress and performance of PROVIDER to ensure that the terms of this Agreement are being satisfactorily met in accordance with the program g, outcomes, and deliverables, as measured by the DISTRICT’s evaluation criteria, compliance requirements and standards, which are set forth in the RFP Scope of Work, attached hereto and incorporated herein by reference (“Program Goals and Compliance Requirements”).

As part of the process the DISTRICT will require the PROVIDER to provide all necessary and relevant documentation to assist the DISTRICT in monitoring the Program Goals and Compliance Requirements. In addition, the PROVIDER shall cooperate and permit the DISTRICT, and any other duly authorized agent or third-party consultant of the DISTRICT, to monitor all activities conducted by the PROVIDER pursuant to the terms of this Agreement. The designated evaluators and monitors, shall in their sole discretion as deemed necessary or appropriate, have access to any program data, special analyses, planning documents, formal audit examinations, or any other reasonable procedures for purposes of monitoring PROVIDER’s performance under this Agreement. PROVIDER will collaborate in a timely manner with the DISTRICT to resolve issues pertaining to delivery of the services, program quality, documentation, and invoicing, including financial restitution to the DISTRICT for any pricing or billing errors which may have occurred during the length of the Agreement as identified in Article I.

ARTICLE IV: CONFLICT OF INTEREST
PROVIDER affirms that no PROVIDER employee or representative has participated in or attempted to influence DISTRICT’s decision-making concerning this Agreement including (a) influencing or attempting to influence an officer, employee, or member of the Board of Education of the DISTRICT; or (b) making an offer for any gratuities, favors, or anything of

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Packet Page. 758
Contract No.: 23/24- RFP No. 22-39 City of San Bernardino Parks, Recreation and Community Services-LC monetary value to an officer, employee, or member of the Board of Education of the DISTRICT for the purpose of influencing favorable disposition toward connection with the awarding of this Agreement. PROVIDER acknowledges that it has read and accepts the DISTRICT policies dealing with conflicts of interest, including BP 2710, AR 2710, and AR 2712.

ARTICLE X: AUTHORIZATION WARRANTY : The Respondent hereby represents and warrants that the person executing this Agreement for the Respondent is an authorized agent who has actual authority to bind the Respondent to each and every term, condition, and obligation set forth in this Agreement; and that all requirements of the Respondent have been fulfilled to provide such actual authority.

The DISTRICT hereby represents and warrants that the person executing this Agreement for the DISTRICT is an authorized agent who has actual authority to bind the DISTRICT to each and every term, condition, and obligation set forth in this Agreement; and that all requirements of the DISTRICT have been fulfilled to provide such actual authority.

IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below.

PROVIDER
________________________________________
Signature
__________________________________________
Print Name & Title

SAN BERNARDINO CITY UNIFIED

SCHOOL DISTRICT
________________________________
Laura Cardenas
Director, Purchasing Department
Date: __________________________ Date: __________________________

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RFP No. 22-39 Proposal- City of San Bernardino Parks, Recreation and Community Services Respondent Questionnaire:

Section A- General Information

1. City of San Bernardino
290 N. D St.

San Bernardino, CA 92401
Local Government Agency

2. Charles McNeely, City Manager
Edelia Eveland, Assistant City Manager
Lydie Gutfeld, Director of Parks, Recreation and Community Services

3. The City of San Bernardino was founded in 1810. Since its incorporation, the City has strived to provide resources, services and programs to improve the quality of life of its citizens. The city has guiding principals:

SAN BERNARDINO MAYOR AND CITY COUNCIL 2020-2025 KEY STRATEGIC TARGETS

AND GOALS

FINANCIAL STABILITY
Secure a long-term revenue source
Implement, maintain, and update a fiscal accountability plan Create a framework for spending decisions
Minimize risk and litigation exposure
Create an asset management plan

FOCUSED, ALIGNED LEADERSHIP AND UNIFIED COMMUNITY
Develop and implement a community engagement plan
Build a culture that attracts, retains, and motivates the highest quality talent

IMPROVED QUALITY OF LIFE
Reduce the burden of homelessness through engagement, collaboration, and alignment with other entities
Develop a customer service initiative
Constantly evaluate public safety service delivery models to enhance the quality of service

ECONOMIC GROWTH & DEVELOPMENT
Develop a branding and marketing campaign
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Update the General Plan and Development Code
Roll out a strategy to create a 21st century urban core WE ENVISION a world class city which capitalizes on its location, the diversity of its people and its economy to create a broad range of choices for its residents in how they live, work, and play.

WE ENVISION a thriving city possessing a sustainable system of high-quality education, community health, public safety, housing, retail, recreation, arts and culture and infrastructure.

WE ENVISION a vibrant economy with a skilled workforce that attracts employers who seek the unique opportunities the city has to offer and provide jobs that create citywide prosperity.

WE ENVISION a model community which is governed in an open and ethical manner, where all sectors work collaboratively to reach shared goals.

WE ENVISION a city that is recognized as the county's business and government center and a home for those seeking a sense of community and the best life has to offer.

The City’s Parks, Recreation and Community Services Department history goes back over 70 years!

4. Due to the last 12 years of bankruptcy and the Pandemic, the city has struggled to have a robust after school service program at the community centers. There is a history of afterschool CAPS programs at some of the city sites which was a major driver in the decision to develop a proposal that would benefit both the school district students and families and city residents.

Section B- Staffing

1. The City of San Bernardino has implemented a vigorous plan to recruit, hire and retain part-time and full-time positions within the Parks, Recreation and Community Services Department. This plan includes outreach to local high schools, colleges, and universities as well as statewide searches for manager and department head positions. In addition to outreach efforts, the Parks, Recreation and Community Services Department hosts the “Go To Work” Job Fair in the fall semester and does hiring on site for high school and college students in order to encourage work after school.

2. These efforts stated above have proven to be extremely successful as the staffing levels of the department have almost doubled since their implementation in January 2022.

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For the proposal efforts, programs offered would be provided by City employees or City Contract employees. The oversight and evaluation of each employee includes a yearly review of services, goals and productivity. For seasonal programs, many of our current city staff will be able to rotate to different community centers for specific class offerings. Currently, our staffing levels are capable of handling proposed staff-led programs, and we have current 10-99 employees that specialize in certain programming skills such as tap dancing, karate, multi-cultural dance, and digital content creation. The city is extremely proud of its new direction in providing innovative programming in the area of youth enrichment programs.

3. As the city continues to develop its staffing plan for before and after school services, there is a high priority on providing adequate training for staff involved in programming.

Specifically, workplace harassment and mandated reporter training are required of all new city staff. Our Supervisor of Special Needs and Adaptive programs will be developing site training for staff to begin their journey into mindfulness in programming modifications for our individuals with special needs. In addition to the required training, the department hosts several onsite and group training courses for each team. This individual training will include a multitude of development options ranging from leadership, group work, and finding alternative options for kids to socialize and feel included in programing. Staff are encouraged to attend at least one California Park and Recreation Society staff training consortium throughout the year. Site supervisors will also have options to select specific needs for site training where the department director will work to identify specialized instructors for each need.

Section C- Community Outreach

1. The Parks, Recreation and Community Services Department has worked diligently to revitalize our community outreach efforts in the last year. Specifically, the quarterly activity has been printed and delivered to over 70,000 households in San Bernardino.

This in addition to our extensive social media footprint has created a wonderful communication line for the residents of the city to find programs and services from which they can benefit. Beyond print and social, our department is also capable of printing large banners for street signs and fence posting. These have proven effective in busy arterials with heavy traffic during school and non-school hours. All of our marketing in print and digital is translated into Spanish to assist with language barrios.

With these efforts, our hope it that we can also be complimented by the school district communication to students and their families for the most comprehensive outreach possible.

2. The City is excited to launch the REC SCENE- The REC SCENE is where youth will participate in afterschool programs that aim to focus on:

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Recreation
Education
Culture
By encouraging youth to
Socialize with others
Create memories
Enrich their minds and bodies
Navigate life skills through problem solving
Engage in their communities
We are advocates of after school programs because they play a vital role in creating an inclusive environment that celebrates the cultural and unique backgrounds of students.

Here's how the programs we are offering can promote diversity and provide activities and opportunities to honor students' diverse identities:

Culturally Relevant Programming: REC SCENE program staff can design their activities and curriculum to reflect the cultural diversity of their student population. This includes incorporating diverse perspectives, histories, traditions, and languages into the program content. For example, they can learn through cultural events, clinics, or presentations that showcase various cultural practices, celebrations, and achievements.

Collaborative Decision-Making: Creating an environment that values diverse perspectives requires involving students, parents, and community members in decisionmaking processes. By actively seeking input from different cultural groups, the REC SCENE programs can ensure that activities and initiatives are inclusive and responsive to the needs and interests of all participants.

Language and Communication Support: Recognizing and respecting diverse linguistic abilities is crucial. REC SCENE programs can provide language support for students who are English language learners or speak languages other than the dominant language in the program. This may involve offering translation services, bilingual staff, or languagespecific resources to foster effective communication and engagement.

Intercultural Exchanges: Facilitating intercultural exchanges is an effective way to promote understanding and appreciation of different cultures. REC SCENE programs can organize events or projects that encourage students to share their cultural backgrounds and experiences with others. This can include storytelling sessions, or cultural heritage projects that allow students to learn from and celebrate each other's traditions.

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Community Partnerships: Collaborating with community organizations, cultural institutions, and local leaders enhances the REC SCENE program's ability to provide diverse activities and opportunities. Partnering with groups representing different ethnic, religious, or cultural communities can bring expertise, resources, and cultural enrichment to the program. These partnerships can facilitate guest speakers, performances, clinics, classes, or field trips that expose students to a wide range of cultural experiences.

Safe and Respectful Environment: Creating a safe and respectful environment is fundamental to promoting diversity. REC SCENE programs should establish clear guidelines and expectations that promote inclusivity, respect, and open-mindedness.

Encouraging dialogue, empathy, and understanding among students from different backgrounds helps foster a supportive community where all students feel valued and included.

Professional Development: Providing professional development opportunities for staff members on cultural competency, diversity, and inclusion is essential. This training equips program staff with the knowledge and skills to understand and address the needs of diverse student populations effectively. It also helps staff members recognize and challenge any biases they may have, enabling them to create an inclusive environment that celebrates students' cultural identities.

By incorporating these strategies, REC SCENE programs can create an environment that not only promotes diversity but also celebrates and honors the unique backgrounds of each student. Such programs provide opportunities for students to learn from one another, develop cultural competency, and gain a deeper appreciation for the rich tapestry of their community.

3. REC SCENE's afterschool program recognizes the crucial role that families play in supporting their child's academic, physical, and social-emotional development. To collaborate with and engage families as partners, the program has developed a comprehensive plan that focuses on communication, involvement, and mutual support.

Here's an outline of the plan:

Open and Ongoing Communication:

Regular Updates: REC SCENE will establish effective communication channels to provide families with regular updates on their child's progress, program activities, and upcoming events. This can include weekly newsletters, emails, or a dedicated online portal for our sports programs.

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Two-Way Communication: The program will encourage open dialogue and active listening. Families will be encouraged to provide feedback, share concerns, or ask questions, and program staff will respond promptly and respectfully.

Family Nights: REC SCENE will organize regular family nights where families can participate in various activities alongside their children. These events can include interactive workshops, games, performances, or demonstrations that showcase the program's focus on academic, physical, and social-emotional development.

Collaborative Goal Setting: The program will work closely with families to develop individualized plans for each child. These plans will outline specific academic, physical, and social-emotional goals tailored to the child's needs and interests. REC SCENE will ensure that families are regularly informed about their child's progress towards the established goals.

Volunteering Opportunities: REC SCENE will actively seek opportunities for families to volunteer and contribute to the program. This can involve assisting with specific activities, sharing skills or cultural experiences, or participating in fundraising efforts. By involving families directly, the program fosters a sense of ownership and shared responsibility for their child's educational journey.

Family Showcases: The program will organize events where families can showcase their talents, traditions, or cultural backgrounds. This can include sporting events, performances, art exhibitions, or sharing traditional cuisine. By providing platforms for families to share their unique contributions, REC SCENE celebrates diversity and creates a richer experience for all participants.

Community Resources: REC SCENE will actively connect families with relevant community resources and support networks. This can include information on local educational programs, healthcare services, counseling resources, or parenting support groups. By facilitating access to these resources, the program aims to strengthen the support system available to families.

By implementing these strategies, REC SCENE's afterschool program aims to establish strong partnerships with families, recognizing them as essential collaborators in supporting their child's academic, physical, and social-emotional development.

Section D- Learning Plan

1. The REC SCENE after school program offers a diverse range of activities that are designed to contribute to student academic achievement and overall success. Here's how each of the activities you mentioned can support students' growth:

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Swim Club: Participating in Swim Club helps students develop physical fitness, coordination, and discipline. Regular swimming sessions can improve cardiovascular health, build endurance, and enhance overall well-being. Physical activity has been shown to have a positive impact on cognitive function and academic performance.

Bowling: Bowling engages students in a fun and social activity while developing handeye coordination, strategic thinking, and focus. Through bowling, students can enhance their motor skills, spatial awareness, and problem-solving abilities. These skills can translate to improved academic performance and critical thinking.

Tap Dancing: Tap dancing combines physical movement with rhythm and musicality. It helps students develop coordination, timing, balance, and self-expression. The practice of tap dancing can enhance concentration, discipline, and creativity, which can positively impact academic engagement and overall student success.

Sports Club: Participation in a Sports Club promotes physical fitness, teamwork, sportsmanship, and leadership skills. Team sports develop communication, collaboration, and goal-setting abilities. The discipline and dedication required in sports can transfer to academic pursuits, fostering self-discipline and a growth mindset.

E-sports: E-sports involve competitive video gaming, which can improve hand-eye coordination, strategic thinking, problem-solving, and teamwork. While fostering digital literacy, e-sports also require communication and critical thinking skills. Engaging in esports can enhance cognitive abilities that support academic achievement.

Digital Content Creation: Digital content creation activities involve various forms of media production, such as video editing, graphic design, or podcasting. These activities develop creativity, communication skills, digital literacy, and the ability to convey ideas effectively. Students can apply these skills in academic projects, presentations, and multimedia assignments.

Art Explorations: Art explorations provide a creative outlet for self-expression and imagination. Engaging in visual arts, painting, drawing, or sculpting can enhance fine motor skills, visual perception, and problem-solving abilities. Art activities stimulate Packet Page. 766
critical thinking, encourage self-reflection, and foster confidence, all of which contribute to overall student success.

Flag Football League and Karate - promote physical fitness, discipline, and self-control.

Engaging in these activities improves students' endurance, strength, and self-discipline, which can positively impact their academic performance and overall well-being. By offering a diverse range of activities that cater to students' interests and talents, REC SCENE provides opportunities for holistic development. These activities contribute to students' physical well-being, cognitive abilities, creativity, teamwork, discipline, and self-confidence. Improved physical and mental health, enhanced cognitive skills, and the development of important life skills can positively influence academic achievement and overall student success.

2. The REC SCENE after school program is committed to providing a safe and supportive environment that addresses the developmental, social-emotional, and physical needs of all students. Here's how the program ensures the well-being of students in each of the activities you mentioned:

Trained Staff and Supervision: The program employs trained staff members who prioritize the well-being and safety of the students. They ensure that all activities are conducted in a secure and supervised manner, providing guidance and support throughout the sessions.

Physical Safety Measures: The program implements appropriate safety measures specific to each activity. For instance, in Swim Club, there will be certified lifeguards and strict adherence to water safety protocols. Similarly, activities like karate and sports club will have qualified instructors who prioritize proper techniques and safety precautions.

Inclusive Environment: REC SCENE promotes an inclusive environment that embraces diversity and respects the unique backgrounds and abilities of all students. The program encourages positive interactions, tolerance, and acceptance, fostering a sense of belonging and community among participants.

Social-Emotional Support: The program recognizes the importance of addressing students' social-emotional needs. Trained staff members provide emotional support, guidance, and mentorship, fostering healthy relationships and a positive peer culture.

They create opportunities for students to develop social skills, empathy, and selfawareness through team-building exercises, collaborative projects, and open discussions.

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Individualized Attention: REC SCENE understands that each student has unique developmental needs. The program aims to provide individualized attention and support by considering students' abilities, interests, and learning styles. Whether it's in robotics, digital content creation, or art explorations, instructors strive to create a nurturing environment where students feel valued and encouraged to explore their potential.

Physical Fitness and Well-being: REC SCENE promotes physical fitness and well-being through various activities such as Swim Club, Bowling, and sports clubs. These activities contribute to students' physical development, enhance their coordination and motor skills, and promote a healthy lifestyle. The program encourages students to set personal goals and celebrates their achievements, fostering a positive self-image and confidence.

Positive Reinforcement and Recognition: REC SCENE recognizes the accomplishments and efforts of students through positive reinforcement. Whether it's mastering a dance routine, completing a challenging robotics project, or demonstrating sportsmanship, students are acknowledged and praised for their achievements. This approach boosts their self-esteem, motivation, and overall sense of success.

By providing a safe and supportive environment, REC SCENE ensures that students' developmental, social-emotional, and physical needs are met. The program fosters a sense of belonging, promotes self-confidence, encourages healthy relationships, and nurtures students' overall well-being. Through a diverse range of activities, students can explore their interests, develop new skills, and thrive in an inclusive and empowering after-school setting.

In addition to activity-specific safety measures, REC SCENE will foster a supportive environment by implementing behavior guidelines and anti-bullying policies that promote respectful interactions among students. Training program staff on child safety, first aid, and CPR to ensure they can respond effectively in case of emergencies.

Conducting regular risk assessments of facilities and equipment to identify and address any potential safety hazards. Overall, REC SCENE's after school program prioritizes the safety and well-being of all students. By providing a nurturing and inclusive environment, the program supports their developmental, social-emotional, and physical needs, creating an enriching experience for every participant.

3. The REC SCENE afterschool program has developed a comprehensive plan to monitor its success and evaluate key measures on a regular basis. The program recognizes the importance of ongoing assessment to ensure effectiveness and make informed decisions for improvement. Here's an outline of the monitoring plan:

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Daily Attendance: The program will track average daily attendance to assess participation rates and identify any trends or patterns. This measure helps gauge the program's ability to engage and retain students consistently.

Progress Tracking: REC SCENE will collaborate with schools to gather academic data such as grades, test scores, or teacher feedback. This information will be used to evaluate students' academic progress over time and determine the impact of the program on their educational outcomes.

Feedback Collection: Periodic surveys will be administered to students to gather their feedback on program activities, engagement levels, and overall satisfaction. These surveys may include questions about their perceived academic growth, social-emotional development, and satisfaction with the program.

Parent/Guardian Surveys: REC SCENE will collect feedback from parents/guardians through surveys to understand their perspectives on the program's effectiveness and their child's experiences. This feedback will provide insights into areas of improvement and help shape program enhancements.

Staff Feedback: Program staff members will be encouraged to provide regular feedback and suggestions for program improvement. Staff evaluations may include measures of program quality, staff training needs, and overall program management.

Periodic Review: The program will conduct periodic reviews of its goals and objectives to ensure alignment with desired outcomes. These reviews will assess whether the program is meeting its intended objectives and identify areas for improvement or adjustment.

Site Visits: Program administrators or external evaluators may conduct regular site visits to observe program activities, interactions, and the overall program environment. These observations can provide valuable insights into program implementation, student engagement, and adherence to safety protocols. By employing a combination of quantitative and qualitative measures, REC SCENE aims to evaluate its success in multiple dimensions. The program will review attendance data, academic progress, student surveys, parent/guardian feedback, staff evaluations, and stakeholder input to assess program effectiveness and identify areas for improvement. The frequency of evaluation will depend on the specific measure but will generally occur on a regular basis to ensure ongoing monitoring and adjustment of the program.

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4. The REC SCENE after school program is dedicated to providing hands-on, project-based experiences in Science, Technology, Engineering, Arts, and Mathematics (STEAM) within its activities. Here's how the program will incorporate STEAM elements into the classes you mentioned:

Swim Club can incorporate STEAM elements by introducing students to water physics, buoyancy, and hydrodynamics. They can explore concepts like water displacement, drag, and the relationship between force and motion through engaging activities and experiments.

Bowling can incorporate STEAM by introducing students to the physics of motion, angles, and momentum. They can explore concepts such as velocity, kinetic energy, and friction through hands-on experiments, calculating scores, and analyzing the mechanics of bowling techniques.

Tap dancing can incorporate STEAM through rhythm, music, and creative expression.

Students can explore the relationship between movement and sound, experiment with different rhythms and patterns, and even incorporate technology by using sensors or sound amplification devices to enhance their performances.

Sports Club and E-sports can incorporate STEAM by incorporating data analysis, strategy development, and technology integration. Students can learn about sports analytics, use software or sensors to track performance metrics, and explore concepts such as statistics, game theory, and data visualization to enhance their understanding and decision-making skills.

Digital content creation activities naturally lend themselves to STEAM integration.

Students can explore graphic design, video editing, or animation, combining artistic creativity with technological skills. They can learn coding for interactive media, experiment with 3D modeling and printing, or explore virtual reality experiences, combining arts and technology in their projects.

Art explorations can incorporate STEAM by integrating science and math concepts into artistic projects. For example, students can explore geometry and symmetry in visual arts, experiment with pigments and chemical reactions in painting, or create sculptures using principles of engineering and structural stability.

Flag Football and Karate: Physical Fitness, Discipline, and Focus: Flag football and karate promote physical fitness, discipline, self-control, and focus. Engaging in these activities can improve students' physical well-being, self-discipline, and ability to concentrate, which can positively impact their academic performance.

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Robotics:

Robotics: activities foster skills in science, technology, engineering, and mathematics (STEM). Students engage in hands-on problem-solving, coding, and engineering, developing critical thinking, logical reasoning, and analytical abilities that are valuable in academic and real-world contexts. In each of these activities, the REC SCENE program will strive to provide hands-on experiences and project-based learning opportunities.

Through hands-on projects, they will develop important skills such as problem-solving, collaboration, and innovation, preparing them for future academic and professional pursuits in STEAM-related fields.

Section E – Legal

1. Not applicable

2. Not applicable
Section F- Additional Information

1. We feel that the City of San Bernardino’s REC SCENE afterschool program is a great addition to the current listing of programs that benefit the students from each location.

Due to the close proximity of the community center locations to the school clusters, we feel confident that we are able to provide something for everyone. Our talented staff and instructors are excited about the opportunity to regrow our afterschool options throughout the city. The Department as a whole has shifted drastically to a much more holistic approach when it comes to program development and implementation.

Because of this, we know that our selection by the District to provide solicited services would be extremely beneficial to the personal growth of each participant. With our main goal focused on improving quality of life, we know that our participants will gain much needed skill sets to walk through their educational and personal growth paths.

2. In order to provide an easy cluster focused pricing module, we took each program’s individual cost and calculated the cost for at least 20 students. With these costs, we then took the average of all program costs combined and created a set average proposed rate per hour/per student. We view this as a “REC SCENE” monthly pass.

With this cost analysis, we are able to provide a variety of program options for those that are interested. For those not within the school proximity of the location where the program is offered, we would request that the School District provide transportation.

Transportation is not currently added into our budget analysis as we are not aware of the School Districts bussing pricing. If this model doesn’t work for your review of application, we are also able to separate each program with an individual budget analysis. Our current model of locations and School Clusters is as follows:

Location School Cluster
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Rudy C. Hernandez Community Center 3
222 N Lugo Ave, San Bernardino, CA 92408
Delmann Heights Community Center 6 / 7
2969 N Flores St, San Bernardino, CA 92405
Norton Gymnasium 4 / 5
1554 Art Townsend Dr, San Bernardino, CA 92408
Speicher Memorial Park 1
1535 Arden Ave, San Bernardino, CA 92404
Encanto Community Center 6
1180 W 9th St, San Bernardino, CA 92411
Verdemont Community Center 6
3664 Little League Dr, San Bernardino, CA 92407
Lytle Creek Community Center 3
380 S K St, San Bernardino, CA 92410
Inland Empire Media Group 3 / 4
201 N E St, San Bernardino, CA 92401
Jerry Lewis Family Swim Center 2 / 5
831 E Highland Ave, San Bernardino, CA 92404
Center for Individual Development 4
8088 Palm Ln, San Bernardino, CA 92410
California State University San Bernardino Bowling Alley 6 / 5 Packet Page. 772

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Darren L. Goodman, Chief of Police
Department: Police
Subject: Accept the FY 2022 Project Safe Neighborhoods Grant (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-020 authorizing:

1. The City Manager or designee to accept the FY 2022 Department of Justice, Project Safe Neighborhoods grant funding.

2. The Director of Finance and Management Services to amend FY 2023/24 Adopted Budget appropriating $200,000 in both revenue and expenditures.

Executive Summary
The Department was awarded $200,000 of Project Safe Neighborhoods Program Grant funding by the U.S. Department of Justice. The Department uses the grant funding to staff overtime shift dedicated to reducing violent crime in and foster safer neighborhoods. Staff requests that the City Manager be authorized to accept and administer the grant.

Background
The Project Safe Neighborhoods (PSN) program is administered by the U.S.

Department of Justice (DOJ), Bureau of Justice Assistance (BJA), through the United States Attorney’s Office Central District of California (USAO-CDCA), with the San Diego Association of Governments (SANDAG) being appointed as the fiscal agent. The PSN Grant is a competitive grant process. The Department was most recently awarded PSN Grant funds (PSN21 & PSN19) in fiscal year 2022-23 to pay officers overtime to conduct proactive extra patrols and respond to emergencies in the City. The Department submitted a subsequent grant proposal on April 24, 2023, to compete for FY 2022 PSN grant funding (PSN22). On June 30, 2023, the Department was notified it would receive an additional $200,000 in grant funding to support the Packet Page. 773
proposed program.

Discussion
The PSN program is designed to create and foster safer neighborhoods through a sustained reduction in violent crime. The program combines proactive law enforcement efforts with intervention and prevention specialists, in a multifaceted approach to address violent offenders and the underlying drivers of violent crime and gun violence. The grant funding has been authorized to be used by the Department to fund overtime for Focused Intelligence Rapid Enforcement Violent Crime Impact Teams. The grant has a term of up to one year, or until the funds have been expended.

The Department was most recently awarded PSN funds in FY 2022/23. With the use of these funds, the Department was able to deploy officers on an overtime basis to conduct data-driven proactive patrols throughout the city to combat violent crime and respond to emergency calls. In 2022, the Department recovered a record-breaking number of firearms, and a substantial portion of those firearms were recovered during these types of proactive patrols. PSN 21 & PSN 19 grant-funded efforts are ongoing and are expected to be exhausted by early 2024. These ongoing efforts have resulted in the completion of 117 operations, netting 553 arrests thus far (302 felonies, 200 misdemeanors, and 51 warrant arrests). Additionally, 175 firearms were recovered in conjunction with 3 pounds of heroin, 4.1 pounds of methamphetamine, and 4.3 pounds of fentanyl. Further, 24 search warrants have been served and 13 illegal net cafés have been shut down. Year to date, the City has experienced a 54% decrease in homicides and a 32% decrease in assaults with firearms. These ongoing PSN grantfunded efforts are believed to be a contributing factor in the noted decreases in violent crime.
2021-2025 Strategic Targets and Goals
The request to authorize the receipt, obligation, and expenditure of the FY 2022 Project Safe Neighborhoods Grant aligns with Key Target No. 1c: Improved Operational & Financial Capacity - Implement, maintain, and update a fiscal accountability plan.

Fiscal Impact
There is no net fiscal impact to the General Fund with the acceptance of this grant, as there are no matching requirements. The FY 2023/24 Adopted Budget will be amended in both revenues and expenditures by $200,000.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-020 authorizing:

1. The City Manager or designee to accept the FY 2022 Department of Justice, Project Safe Neighborhoods grant funding.

2. The Director of Finance and Management Services to amend FY 2023/24 Adopted Budget appropriating $200,000 in both revenue and expenditures.

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Attachments
Attachment 1 Resolution 2024-020
Attachment 2 Award Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

Dec 7, 2022 Mayor and City Council adopted resolution No. 2022-243 authorizing the City Manager to accept the FY 2019 Project Safe Neighborhoods Grant and the Director of Finance to amend the FY 2022/2023 adopted budget approving $177,154.51 in both revenue and expenditures.

Sept 21, 2022 Mayor and City Council adopted resolution No. 2022-192 authorizing the City Manager to accept the FY 2021 Project Safe Neighborhoods Grant and the Director of Finance to amend the FY 2022/2023 adopted budget approving $200,000 in both revenue and expenditures.

June 6, 2021 Mayor and City Council adopted resolution No. 2021-132 authorizing the City Manager to accept the FY 2020 Project Safe Neighborhoods Grant and the Director of Finance to amend the FY 2020/21 adopted budget appropriating $174,496 in both revenue and expenditures.

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Resolution 2024-020
Resolution 2024-020
January 17, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-020

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT THE
FY 2022 DEPARTMENT OF JUSTICE, PROJECT SAFE

NEIGHBORHOODS GRANT FUNDING AND AUTHORIZE

THE DIRECTOR OF FINANCE AND MANAGEMENT
SERVICES TO AMEND THE FY 2023/24 ADOPTED
BUDGET APPROPRIATING $200,000.00 IN BOTH

REVENUE AND EXPENDITURES
WHEREAS, the City of San Bernardino has been awarded the FY 2022 Project Safe Neighborhoods Grant funding in the amount of $200,000; and, WHEREAS,. The City will use grant funding to deploy Focused Intelligence Rapid Enforcement Violent Crime Impact Teams to use data-driven impact patrols to help reduce violent crime in the City.

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

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

SECTION 2. The City Manager is hereby authorized to execute the grant agreement between the City of San Bernardino and the San Diego Association of Governments and accept the FY 2022 Project Safe Neighborhoods Grant in the amount of $200,000.00.

SECTION 3. The Director of Finance and Management Services is hereby authorized to amend the FY 2023/24 Adopted Budget increasing revenue and expenditures by $200,000.00.

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

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

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

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Resolution No. 2024-020
Resolution 2024-020
January 17, 2024

Page 2 of 3 ends

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of January 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2024-020
Resolution 2024-020
January 17, 2024

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-020, adopted at a regular meeting held on the 17th day of January 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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FY 2022 PSN Page 1 of 45 SBPD

SUBAWARD INFORMATION
Federal Award Identification U.S. Department of Justice (US DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA)
Subrecipient San Bernardino Police Department (SBPD)
Subrecipient’s Unique Entity Identifier HRJPGFZSC3H6
Subaward Number and Project Title PSN Gang and Gun Crime Reduction Program Federal Award Identification Number (FAIN) 15PBJA-22-GG-00707-GUNP Federal Award Date 09/28/22
Subaward Period of Performance Start and
End Dates
10/01/2022 – 09/30/2025
Subaward Budget Period Start and End
Dates
10/01/2022 – 09/30/2025
Amount of Federal Funds Obligated by this
action by SANDAG to the Subrecipient
$200,000
Total Amount of Federal Funds Obligated to
the Subrecipient by SANDAG including the
current financial obligation
$200,000
Total Amount of the Federal Award
committed to the Subrecipient by SANDAG
$200,000
Federal award project description, as
required to be responsive to the Federal
Funding Accountability and Transparency
Act (FFATA)
This project is supported under Fiscal Year 2022 (BJA – Project Safe Neighborhoods Award) 34 USC 60701-05. Project Safe Neighborhoods (PSN) is designed to create and foster safer communities through a sustained reduction in violent crime. The program's effectiveness depends upon the ongoing coordination, cooperation, and partnerships of local, state, tribal, and federal law enforcement agencies and community organizations working together with the communities they serve — engaged in a unified approach coordinated by the U.S. Attorney (USA) in all 94 districts.

Federal awarding agency U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA)
Fiscal Agent and contact information of
awarding official
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
(619) 699-1900
[email protected]
Catalog of Federal Domestic Assistance
(CFDA)

16.609 – Project Safe Neighborhoods
Is this Subaward for Research and
Development?
No
Indirect cost rate for the Federal award per 2
CFR 200.414
N/A
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FY 2022 PSN Page 2 of 45 SBPD
FY 2022 PROJECT SAFE NEIGHBORHOODS

SUBAWARD GRANT AGREEMENT

BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND San Bernardino Police Department
AGREEMENT NO. INSERT NUMBER
This Subaward Grant Agreement No. Insert Number (AGREEMENT), executed as of the date of the last signature shown on the signature page, is between the San Diego Association of Governments, 401 B Street, Suite 800, San Diego, California 92101 (SANDAG), and San Bernardino Police Department, 710 N. D Street San Bernardino, CA 92410 (hereinafter referred to as “SUBRECIPIENT”). SANDAG and SUBRECIPIENT are also hereinafter collectively referred to as “the Parties.”

RECITALS
WHEREAS, SBPD submitted a proposal in response to the Office of the United States Attorney (USAO), Central District of California solicitation for innovative, multi-disciplinary, multi-agency approaches to address violent crime through the cultivation of collaborative relationships; and WHEREAS, SANDAG is the fiscal agent of the grant for the FY 2022 Project Safe Neighborhood (PSN), (CFDA Number 16.609) (the “Master Agreement” or “Grant”) from the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA); NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

I. GRANT AWARD AND TERM OF AGREEMENT
A. The total amount payable to SUBRECIPIENT pursuant to this AGREEMENT by SANDAG shall not exceed the amount shown on the first page of this AGREEMENT (Fund Limit). It is agreed and understood that this Fund Limit is a ceiling and that SANDAG will only reimburse the allowable cost of services actually rendered in accordance with the AGREEMENT. The actual amount reimbursed by SANDAG may be less than the Fund Limit.

B. The effective date is the Subaward Period of Performance Start Date shown on the first page of this AGREEMENT. SANDAG authorizes RECIPIENT to begin working on the Project, and SUBRECIPIENT agrees to undertake Project work, promptly after receiving a written Notice to Proceed from SANDAG. SUBRECIPIENT shall not proceed with the Project, and shall not be eligible to receive payment for work performed, prior to SANDAG issuance of a written Notice to Proceed.

C. This AGREEMENT shall terminate on the Subaward Period of Performance End Date shown on the first page of this AGREEMENT unless it is amended in writing by the Parties.

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FY 2022 PSN Page 3 of 45 SBPD
II. NOTIFICATION OF PARTIES
All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:

SANDAG: San Diego Association of Governments
Attention:
401 B Street, Suite 800
San Diego, CA 92101
Dr. Octavio Rodriguez Ferreira
SUBRECIPIENT: San Bernardino Police Department
Attention: Lieutenant Jason King
710 N. D Street
San Bernardino, CA 92410
[email protected]
III. SCOPE OF PERFORMANCE
A. SUBRECIPIENT agrees to complete the Project as described in the Statement of Work attached as Exhibit A to this AGREEMENT using the awarded federal funds provided under the AGREEMENT solely for the Project.

B. This AGREEMENT was awarded based on the application submitted by SUBRECIPIENT with the intention that the awarded funds would be used to implement the Project as described in the Statement of Work. Any substantive deviation from the Statement of Work must be approved in advance by written amendment if grant funds are to be used for such changes. If SUBRECIPIENT believes substantive changes need to be made to the Project, SUBRECIPIENT will immediately notify SANDAG in writing. SANDAG will then determine whether the Project is still consistent with the overall objectives of the relevant federal funding program and whether the changes would have negatively affected the Project ranking during the grant application process.

SANDAG reserves the right to have AGREEMENT funding withheld or refunded due to substantive Project changes.

C. SUBRECIPIENT shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule, if any, included in the Statement of Work.

D. In the event SUBRECIPIENT encounters or anticipates difficulty in meeting the Project Schedule, SUBRECIPIENT shall immediately notify SANDAG in writing and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which SUBRECIPIENT expects to complete performance. SUBRECIPIENT’s notification shall be informational in character only and SANDAG’s receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this AGREEMENT.

IV. APPLICABILITY OF PART 200 UNIFORM REQUIREMENTS
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP.

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FY 2022 PSN Page 4 of 45 SBPD
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that SUBRECIPIENT must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which SUBRECIPIENT must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, SUBRECIPIENT is to contact SANDAG promptly to seek clarification from OJP.

V. COMPLIANCE WITH DOJ GRANTS FINANCIAL GUIDE
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. SUBRECIPIENT agrees to comply with the DOJ Grants Financial Guide.

VI. COMPLIANCE WITH GENERAL APPROPRIATIONS LAW RESTRICTIONS ON THE USE OF FEDERAL FUNDS (FY 2022)
SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://ojp.gov/funding/Explore/FY21AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by SUBRECIPIENT would or might fall within the scope of an appropriations-law restriction, SUBRECIPIENT is to contact SANDAG promptly to seek guidance from OJP and may not proceed without the express prior written approval of OJP.

VII. RECLASSIFICATION OF VARIOUS STATUTORY PROVISIONS TO A NEW TITLE 34 OF THE

UNITED STATES CODE
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified Packet Page. 782
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in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.

VIII. FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the AGREEMENT was executed only after ascertaining the availability and appropriation of funds.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to SANDAG by the United States Government for the purpose of this Project. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the SANDAG Board of Directors, Congress or the State Legislature that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that, if the Congress does not appropriate sufficient funds for the program and Project, this AGREEMENT shall be amended to reflect any reduction in funds.

D. SANDAG has the option to void this AGREEMENT under the termination clause or to amend this AGREEMENT to reflect any reduction of funds. In the event of an unscheduled termination, SANDAG may reimburse or offset SUBRECIPIENT costs in accordance with the provisions of this AGREEMENT.

IX. PAYMENT
A. The method of payment for this AGREEMENT will be based upon actual allowable costs.

SANDAG will reimburse SUBRECIPIENT for expended actual allowable direct and indirect costs, including, but not limited to, labor costs, employee benefits, and travel and third-party contract costs incurred by SUBRECIPIENT in performance of the Project work, not to exceed the Fund Limit set forth in this AGREEMENT.

B. A subrecipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise SANDAG and OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.

C. Federal funds must be used to supplement existing State and local funds for program activities and must not supplant (replace) those funds that have been appropriated for the same purpose.

D. SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related Packet Page. 783
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to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

E. Reimbursement of SUBRECIPIENT expenditures will be authorized only for those allowable costs actually incurred by SUBRECIPIENT in the performance of the Project work. SUBRECIPIENT must have incurred the expenditures on or after receiving the SANDAG Notice to Proceed and before the Termination Date of this AGREEMENT, and also must have paid for those costs to claim any reimbursement.

F. Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds.

G. With respect to any award of more than $250,000 made under a solicitation, a recipient may not use federal funds to pay total cash compensation (salary plus cash bonuses) to any employee of the recipient at a rate that exceeds 110 percent of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. The 2022 salary table for SES employees is available on the Office of Personnel Management website.

OJP does not apply this limitation on the use of award funds to the nonprofit organizations listed in Appendix VIII to 2 C.F.R. Part 200. See the DOJ Financial Guide for more information on Employee Compensation.

H. SUBRECIPIENT shall submit invoices no more frequently than monthly, and no less frequently than every 90 calendar days. SANDAG will reimburse SUBRECIPIENT for all allowable Project costs no more frequently than monthly, and no less frequently than every 90 calendar days, in arrears as promptly as SANDAG fiscal procedures permit upon receipt of itemized signed invoices. The standardized SUBRECIPIENT invoice and reporting forms will be provided by SANDAG. Invoices shall reference this AGREEMENT, and shall be signed and submitted to SANDAG at the following address or as may be otherwise indicated by SANDAG in the event it transitions to an electronic invoicing process:

San Diego Association of Governments
Attention: Ruben Casillas
401 B Street, Suite 800
San Diego, CA 92101
[email protected]
X. COST PRINCIPLES
A. SUBRECIPIENT agrees to comply with 2 CFR 200, including but not limited to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements and the DOJ Grants Financial Guide, as applicable.

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B. Any Project costs for which SUBRECIPIENT has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR 200 or the DOJ Grants Financial Guide are subject to repayment by SUBRECIPIENT to SANDAG by offset or other means approved by SANDAG. Should SUBRECIPIENT fail to reimburse moneys due SANDAG within 30 calendar days of discovery or demand, or within such other period as may be agreed to in writing between the Parties hereto, SANDAG is authorized to intercept and withhold future payments due SUBRECIPIENT from SANDAG.

C. If SUBRECIPIENT currently has other active awards of federal funds, or if SUBRECIPIENT receives any other award of federal funds during the period of performance for this award, SUBRECIPIENT promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, SUBRECIPIENT must promptly notify SANDAG and the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.

XI. RESTRICTIONS ON “LOBBYING”
In general, as a matter of federal law, federal funds awarded by OJP may not be used by SUBRECIPIENT, or its subrecipients at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government.

See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by SUBRECIPIENT, or its subrecipients at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a subrecipient would or might fall within the scope of these prohibitions, SUBRECIPIENT is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

XII. INDEMNIFICATION AND LIABILITY
A. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties to this AGREEMENT or effect the legal liability of either party to the AGREEMENT by imposing any standard of care with respect to operation, maintenance, or repair different from the standard of care imposed by law or this AGREEMENT. In connection with the Project, SUBRECIPIENT agrees that SANDAG shall not be subject to any obligations or liabilities to any subrecipient, or other person or entity that is not a party to this AGREEMENT.

Notwithstanding that SANDAG may have concurred in or approved any subaward or contract at any tier, SANDAG has no obligations or liabilities to any entity other than the SUBRECIPIENT, including any subrecipient at any tier.

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B. Neither SANDAG nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SUBRECIPIENT or its subrecipients or subcontractors under or in connection with any work, authority, or jurisdiction arising from or related to this AGREEMENT. SUBRECIPIENT, its subrecipients and subcontractors shall fully defend, indemnify, and save harmless SANDAG, its officers and employees from all claims, suits, or actions of every name, kind, and description occurring by reason of anything done or omitted to be done by SUBRECIPIENT, its subrecipients and subcontractors under or in connection with any work, authority, or jurisdiction arising under this AGREEMENT.

XIII. INSURANCE
SUBRECIPIENT shall procure and maintain, and shall cause its subrecipients to maintain, during the period of performance of this AGREEMENT, and for 12 months following the termination date of this AGREEMENT, policies of insurance from insurance companies authorized to do business in the State of California or the equivalent types and amounts of self-insurance, as follows:

A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable “Waiver of Transfer Rights of Recovery Against Others Endorsement.” The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG.

B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not less than $1,000,000. Third-party contractor shall include SANDAG as a loss payee on its policy.

C. Workers’ Compensation and Employer’s Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable “Waiver of Right to Recover From Others Endorsement”.

SUBRECIPIENT shall furnish satisfactory proof by one or more certificates that it has the foregoing insurance. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under insurance procured and maintained by SUBRECIPIENT required under this AGREEMENT. Each insurance policy shall contain a clause, which provides that the policy may not be canceled without first giving 30 days’ advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation.

SUBRECIPIENT shall maintain sufficient insurance or a self-insurance program approved by SANDAG to cover all casualty losses and ensure the repair or replacement of federally funded Property. In the event a piece of Property is not replaced or repaired, SUBRECIPIENT agrees to transfer any insurance proceeds received to SANDAG for remitting the federal share.

XIV. NON-DISCRIMINATION
A. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 Packet Page. 786
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SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.

Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to subrecipient organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain subrecipients that are faithbased or religious organizations.

The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data.

B. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R.

Part 42 that relate to an equal employment opportunity program.

C. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
D. SUBRECIPIENT, and its subrecipients at any tier, shall not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of race, color, religion, creed, national origin, ancestry, age (over 40), gender identity or expression, sex (including pregnancy, childbirth, breastfeeding or related medical conditions), medical condition, physical or mental disability, genetic information, sexual orientation, marital status, military or veteran status or any other category protected under federal, state or local law. SUBRECIPIENT and its third-party contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

SUBRECIPIENT and its third-party contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this AGREEMENT by this reference and are made a part hereof as if set forth in full. SUBRECIPIENT and its third-party contractor shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

E. SUBRECIPIENT certifies that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis Packet Page. 787
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of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, subrecipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov.

F. SUBRECIPIENT shall include the nondiscrimination and compliance provisions of this Section in all subawards under this AGREEMENT.

G. SUBRECIPIENT shall sign and submit to SANDAG the following forms attached to this AGREEMENT, prior to, or concurrently with, this AGREEMENT: “Certificate of Nondiscrimination Assurances,” and “Equal Employment Opportunity Certificate of Compliance.” XV. ALL SUBAWARDS MUST HAVE SPECIFIC FEDERAL AUTHORIZATION SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization) and are incorporated by reference here.

Although SUBRECIPIENT may delegate any or almost all Project responsibilities to one or more subrecipients at any tier, SUBRECIPIENT agrees that it, rather than any subrecipients, is ultimately responsible for compliance with all applicable laws, regulations, and this AGREEMENT.

XVI. PURCHASES BY SUBRECIPIENT
A. Prior authorization in writing by SANDAG shall be required before SUBRECIPIENT enters into any non-budgeted third-party contracts exceeding the then-prevailing federal micropurchase threshold for supplies, equipment, or consultant services. SUBRECIPIENT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For the purchase of any item, service, or consulting work not covered in the Statement of Work and exceeding the then-prevailing federal micropurchase threshold, SUBRECIPIENT must competitively bid the work, or the absence of bidding must be adequately justified, and prior authorization must be obtained from SANDAG.

1. Specific to procurement contracts that would exceed the Simplified Acquisition Threshold, SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements to obtain specific advance approval from the federal funding agency to use a noncompetitive process. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

2. The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at Packet Page. 788
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https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition:

Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)) and are incorporated by reference here.

C. SUBRECIPIENT shall maintain ownership of any real or personal property purchased using AGREEMENT funding (Property) and shall use such Property only for the purposes set forth in this AGREEMENT. The parties agree to meet and confer in good faith to ensure the continued use of the Property for the purposes intended.

D. SUBRECIPIENT shall maintain, or cause to be maintained, the Property at a high level of cleanliness, safety, and if applicable, mechanical soundness, under maintenance procedures, which SUBRECIPIENT must create and implement, consistent with the purposes for which they were intended. SANDAG and the OJP shall have the right to conduct periodic maintenance inspections for the purpose of confirming the existence, condition, and proper maintenance of the Property. SUBRECIPIENT agrees to make all maintenance records available to SANDAG and include as applicable in progress or other reports.

E. Any Property purchased as a result of this AGREEMENT is subject to the following:

1. SUBRECIPIENT shall maintain an inventory record for each piece of non-expendable Property purchased or built with funds provided under the terms of this AGREEMENT.

2. The inventory record of each piece of such Property shall include, but not be limited to, the description, I.D. number, acquisition date, cost, grant-funded percentage, grant number, useful life, location, use and condition, disposition action, title holder, and/or any other information necessary to identify said Property. (2 CFR 200).

3. Non-expendable Property so inventoried are those items of Property that have a normal life expectancy of one year or more and an approximate unit price of $5,000 or more. In addition, theft-sensitive items of Property costing less than $5,000 shall be inventoried. A copy of the inventory record must be submitted to SANDAG upon request by SANDAG.

F. 2 CFR 200 requires a credit to Federal funds when participating Property with a fair market value greater than $5,000 is credited to the Project.

XVII. EMPLOYMENT VERIFICATION FOR HIRING UNDER THE AWARD A. SUBRECIPIENT, and its subrecipients must--

1. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).

2. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both—
a. this award requirement for verification of employment eligibility, and Packet Page. 789
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b. the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

3. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).

4. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

B. Monitoring
SUBRECIPIENT’s monitoring responsibilities include monitoring of its subrecipients’ compliance with this condition.

C. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

D. Rules of construction

1. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

2. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

3. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

4. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

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5. Nothing in this condition, including in the paragraph titled “Employment eligibility confirmation with E-Verify”, shall be understood to relieve any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).

6. Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E[email protected]. E-Verify employer agents can email E-Verify at E[email protected].

7. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

XVIII. ETHICS
A. Written Code of Conduct
SUBRECIPIENT agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, board members, or agents engaged in the award or administration of subawards or contracts supported with funding provided under this AGREEMENT. SANDAG has established policies concerning potential conflicts of interest. These policies apply to SUBRECIPIENT.

B. Conflicts of Interest
For all awards by SANDAG or SUBRECIPIENT, any practices which might result in unlawful activity are prohibited including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG and SUBRECIPIENT staffs are specifically prohibited from participating in the selection process for a procurement when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract. It is unlawful for any contract to be made by SANDAG or SUBRECIPIENT if one of their respective board members or staff has a prohibited financial interest in the contract. Staff are also prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG or SUBRECIPIENT.

Neither SANDAG nor SUBRECIPIENT’s officers, employees, agents, and board members shall solicit or accept gifts, gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to subagreements.

By signing this AGREEMENT, SUBRECIPIENT affirms that it has no knowledge of an ethical violation by SANDAG or SUBRECIPIENT staff. If SUBRECIPIENT has any reason to believe a conflict of interest exists with regard to the AGREEMENT or the Project, it should notify the SANDAG Office of General Counsel immediately.

C. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct SUBRECIPIENT, and its subrecipients at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

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Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN:

Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

D. Restrictions and Certifications Regarding Non-disclosure Agreements and Related Matters No subrecipient under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

The foregoing is not intended and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, SUBRECIPIENT--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If SUBRECIPIENT does or is authorized under this award to make subawards, procurement contracts, or both--
a. it represents that--
i. it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward, procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or Packet Page. 792
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contractors from reporting waste, fraud, or abuse as described above; and
ii. it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

E. Compliance with 41 U.S.C. 4712 (Including Prohibitions on Reprisal; Notice to Employees) SUBRECIPIENT, and its subrecipients at any tier, must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

SUBRECIPIENT also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, SUBRECIPIENT is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

XIX. RECORDS RETENTION AND AUDITS
A. SUBRECIPIENT and its subrecipients at any tier shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line item for the Project. The accounting system of SUBRECIPIENT, and its third-party contractors at any tier shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of SUBRECIPIENT and its subrecipients at any tier connected with Project performance under this AGREEMENT shall be maintained for a minimum of three years from the date of the SANDAG final payment to SUBRECIPIENT and shall be held open to inspection, copying, and audit by representatives of SANDAG and auditors representing the federal government. Copies thereof will be furnished by SUBRECIPIENT and its subrecipients at any tier upon receipt of any request made by SANDAG or its agents.

B. SUBRECIPIENT and its subrecipients at any tier will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the Packet Page. 793
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State of California designated by SANDAG for the purpose of any investigation to ascertain compliance with this AGREEMENT.

C. SUBRECIPIENT understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) SUBRECIPIENT does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.

XX. HIGH-RISK GRANTEE LIST
A. If SUBRECIPIENT is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, SUBRECIPIENT must disclose that fact and certain related information to OJP by email at [email protected] and SANDAG at the email address specified for receiving notices under this AGREEMENT. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to SUBRECIPIENT's past performance, or other programmatic or financial concerns with SUBRECIPIENT. SUBRECIPIENT's disclosure must include the following: 1. The federal awarding agency that currently designates SUBRECIPIENT high risk, 2. The date SUBRECIPIENT was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

B. SUBRECIPIENT agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if SUBRECIPIENT is designated as "high-risk" for purposes of the DOJ high-risk grantee list.

XXI. MONITORING AND COMPLIANCE
SUBRECIPIENT agrees to comply with SANDAG and OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with SANDAG, BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits.

SUBRECIPIENT agrees to provide to SANDAG, BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this AGREEMENT. Further, SUBRECIPIENT agrees to abide by reasonable deadlines set by SANDAG, BJA and OCFO for providing the requested documents.

SANDAG will engage in a formal written process to notify the SUBRECIPIENT of corrective actions needed to come into compliance. If SUBRECIPIENT does not take corrective action or does not come into compliance with the provisions in this AGREEMENT, or fails to cooperate with SANDAG’s, BJA's, or OCFO's grant monitoring activities, it may result in sanctions affecting SUBRECIPIENT's DOJ awards, including, but not limited to: withholdings and/or other restrictions on SUBRECIPIENT's access to grant funds; referral to the Office of the Inspector General for audit review; designation of SUBRECIPIENT as a DOJ High Risk grantee; or termination of an award(s).

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If SUBRECIPIENT enters into a subaward, the subaward shall contain provisions permitting SANDAG, BJA, or OCFO to perform all monitoring of that subaward in accordance with this AGREEMENT and the Federal Uniform Guidance.

XXII. REPORTS AND DATA COLLECTION
A. SUBRECIPIENT must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to SANDAG in the manner (including within the timeframes) specified by SANDAG and/or OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

B. SUBRECIPIENT shall submit written progress reports no less frequently than quarterly to allow SANDAG to determine if SUBRECIPIENT is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

C. SUBRECIPIENT understands and agrees that quarterly Federal Financial Reports (SF-425) and semi-annual performance reports must be submitted through JustGrants (justgrants.usdoj.gov), and that quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (https://bjapmt.ojp.gov/). For more detailed information on reporting and other requirements, refer to BJA's website. Failure to submit required reports by established deadlines may result in the freezing of grant funds and High Risk designation.

D. SUBRECIPIENT also agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this Project.

XXIII. COPYRIGHT; DATA RIGHTS
SUBRECIPIENT acknowledges that OJP reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward (at any tier); and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership with Federal support.

SUBRECIPIENT acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under any such award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data - General).

It is the responsibility of SUBRECIPIENT, and of its subrecipients at any tier, to ensure that the provisions of this condition are included in any subaward (at any tier) under this award.

SUBRECIPIENT has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill SUBRECIPIENT’s obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, SUBRECIPIENT shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office.

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XXIV. CONFIDENTIALITY
A. SUBRECIPIENT, and its subrecipients at any tier, must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. SUBRECIPIENT further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.

B. SUBRECIPIENT, and its subrecipients at any tier, must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130).

SUBRECIPIENT's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

XXV. COMPLIANCE WITH OTHER AWARD REQUIREMENTS
A. RECIPIENT represents and warrants to SANDAG that it has all necessary licenses, permits, qualifications and approvals, of whatever nature, that are legally required for it to operate legally.

RECIPIENT further represents and warrants to SANDAG that it shall keep in effect at all times during the term of this AGREEMENT any licenses, permits, and approvals that are required for it to perform under this AGREEMENT.

B. OJP Training Guiding Principles
Any training or training materials that SUBRECIPIENT, or its subrecipients at any tier, develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at
https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.

A. SUBRECIPIENT agrees to submit to BJA for review and approval any curricula, training materials, proposed publications, reports, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) working days prior to the targeted dissemination date. Any written, visual, or audio publications, with the exception of press releases, whether published at SUBRECIPIENT's or government's expense, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities.

B. Media and Community Outreach Coordination
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SUBRECIPIENT agrees to submit to SANDAG, which will forward to DOJ for review and approval, any proposal or plan for Project Safe Neighborhoods media-related outreach. DOJ approval must be received prior to any obligation or expenditure of grant funds related to the development of media-related outreach projects.

C. Any website that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.

D. Safe Policing and Law Enforcement Subrecipients
If SUBRECIPIENT is a State, local, college, or university law enforcement agency, it affirms that it has been certified by an approved independent credentialing body or has started the certification process. This requirement also applies to subrecipients at any tier which are a State, local, college, or university law enforcement agency. To become certified, law enforcement agencies must meet two mandatory conditions: (1) the agency’s use of force policies adhere to all applicable federal, state, and local laws; and (2) the agency’s use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law. For detailed information on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO.

E. Determination of Suitability to Interact with Participating Minors This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by SUBRECIPIENT, or its subrecipients at any tier) is to benefit a set of individuals under 18 years of age.

SUBRECIPIENT, and its subrecipients at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.

F. Encouragement of Policies to Ban Text Messaging While Driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages subrecipients to adopt and Packet Page. 797
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enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

G. Requirements Pertaining to Prohibited Conduct Related to Trafficking in Persons (Including Reporting Requirements and OJP Authority to Terminate Award) SUBRECIPIENT, and its subrecipients at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients, or individuals defined (for purposes of this condition) as "employees" of SUBRECIPIENT or of any subrecipient.

The details of SUBRECIPIENT's obligations pertaining to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConductTrafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

H. Required Attendance at BJA-sponsored Events
SUBRECIPIENT, and its subrecipients at any tier, must participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request.

I. SUBRECIPIENT agrees to comply with the requirements of 28 CFR Part 46 and all other DOJ/OJP policies and procedures regarding the protection of human research subjects, including informed consent procedures and obtainment of Institutional Review Board (IRB) approval, if appropriate.

J. SUBRECIPIENT agrees to coordinate the Project with the U.S. Attorney and Project Safe Neighborhoods Task Force for the district covered by the award. SUBRECIPIENT also is encouraged to coordinate with other community justice initiatives, and other ongoing, local gun prosecution and law enforcement strategies.

K. SUBRECIPIENT must report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of this condition, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

XXVI. CHANGES IN TERMS OR CONDITIONS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the Parties.

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B. SUBRECIPIENT agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect SUBRECIPIENT’s ability to perform the Project in accordance with the terms of this AGREEMENT. SUBRECIPIENT also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG interests in the Project or SUBRECIPIENT’s ability to carry out the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, SUBRECIPIENT agrees to send each notice to SANDAG required by this subsection to the SANDAG Office of General Counsel.

XXVII. REQUIREMENTS OF THE AWARD; REMEDIES FOR NON-COMPLIANCE OR FOR

MATERIALLY FALSE STATEMENTS
The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of SUBRECIPIENT that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, DOJ may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the OJP webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNoticesAwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of SUBRECIPIENT, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of SUBRECIPIENT that relate to conduct during the period of performance.

Failure to comply with one or more award requirements -- whether a condition set out in full in the AGREEMENT, a condition incorporated by reference, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to SUBRECIPIENT and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or unenforceable, such provision shall be deemed severable from this award.

XXVIII. DISPUTES
A. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be finally decided by the SANDAG Chief Executive Officer or delegate, who Packet Page. 799
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may or may not consider any written or verbal evidence submitted by SUBRECIPIENT, in the Chief Executive Officer’s or delegate’s sole discretion.

B. Neither the pendency of a dispute nor its consideration by SANDAG will excuse either party from full and timely performance in accordance with the terms of the AGREEMENT.

C. The above dispute resolution procedure does not apply in the event of a dispute resulting in termination of this AGREEMENT, in which case the procedures set forth in the Part 200 Uniform Requirements or the DOJ Grants Financial Guide take precedence.

XXIX. EARLY TERMINATION OF THIS AGREEMENT
A Federal award may be terminated in whole or in part as follows:
• By the DOJ awarding agency or SANDAG for failure to comply with the terms and conditions of an award;
• By the DOJ awarding agency or SANDAG for cause;
• By the DOJ awarding agency or SANDAG with consent of the SUBRECIPIENT, in which case the two parties must agree upon termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated; or • By the SUBRECIPIENT upon sending the DOJ awarding agency or SANDAG written notification including the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if the DOJ awarding agency determines that partial termination of the award will not accomplish the purposes for which the award was made, then DOJ may terminate the award in its entirety.

The awarding agency or SANDAG will provide SUBRECIPIENT with notice of termination. If the award is terminated for failure to comply with the statutes, regulations, or terms and conditions of the award, the termination decision may be considered in evaluating future applications received from SUBRECIPIENT.

When an award is terminated or partially terminated, SUBRECIPIENT remains responsible for compliance with the requirements in 2 C.F.R. § 200.343 (Closeout) and 2 C.F.R. § 200.344 (Postcloseout adjustments and continuing responsibilities).

XXX. PROJECT CLOSE OUT
The Subaward Period of Performance End Date of this AGREEMENT refers to the last date for SUBRECIPIENT to incur valid Project costs or credits. SUBRECIPIENT has 60 days after the termination date of this AGREEMENT to make final allowable payments to its subrecipients or subcontractors, prepare and submit Project closeout reports, and submit the final invoice to SANDAG for reimbursement for allowable Project costs. Any unexpended Project funds invoiced after 90 days post the termination date of this AGREEMENT will be forfeited and will no longer be accessible by SUBRECIPIENT to reimburse for Project expenses. See the requirements in 2 C.F.R. § 200.343 (Closeout) and the DOJ Grants Financial Guide for additional information.

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XXXI. RELATIONSHIP OF PARTIES
It is expressly understood that this AGREEMENT is executed by and between two independent entities and that this is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

XXXII. INTEGRATION AND SEVERABILITY
This AGREEMENT represents the entire understanding of SANDAG and SUBRECIPIENT as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This AGREEMENT may not be modified or altered except in writing, signed by SANDAG. If any provision of the AGREEMENT is determined invalid, the remainder of the AGREEMENT shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. All Attachments to this AGREEMENT are hereby incorporated as though set forth in full herein.

XXXIII. FORCE MAJEURE
Either party is excused from performance hereunder if such non-performance results from acts of God, epidemics, war, riots, acts of governmental authorities, or any other cause that could not have been overcome by the exercise of due diligence or planning by the non-performing party. In the event of the occurrence of a force majeure event, the party unable to perform shall promptly notify the other party within five calendar days and provide an explanation describing why the inability to perform is not due in whole or in part to its actions or inaction. It shall further pursue its best efforts to resume performance as quickly as possible and shall suspend performance only for such period of time as is necessary as a result of the force majeure event.

XXXIV. SURVIVAL
The rights, obligations and conditions set forth in the Sections of this AGREEMENT entitled Indemnification and Liability, Insurance, Notices, Cost Principles, and any right, obligation or condition that, by its express terms or nature and context is intended to survive the termination or expiration of this AGREEMENT, shall survive until the last applicable statute of limitations expires.

XXXV. WAIVER
Neither the SANDAG review, approval, or acceptance of, nor payment for, any of the work required under this AGREEMENT shall be construed to operate as a waiver of any rights under this AGREEMENT by SANDAG.

XXXVI. NO THIRD PARTY RIGHTS
The federal government shall not be subject to any obligations or liabilities to any third-party contractor or any other person not a party to the agreement between SANDAG and the DOJ awarding agency.

Notwithstanding any concurrence provided by the federal government in or approval of any solicitation, subagreement, or third-party contract, the federal government continues to have no obligations or liabilities to any party, including SUBRECIPIENT or any other third-party contractor.

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XXXVII.ATTACHMENTS
The following attachments are incorporated into and are made part of this AGREEMENT by this reference and attachment. In the event of conflicting provisions, the following order of precedence will apply:
(1) Part 200 Uniform Requirements; (2) DOJ Grants Financial Guide; (3) the body of this AGREEMENT excluding attachments; and (4) the attachments to this AGREEMENT. • Statement of Work
• Project Schedule
• Project Budget
• Indirect Cost Rate Certification Form
• Certificate of Nondiscrimination Assurances
• Equal Employment Opportunity Certificate of Compliance XXXVIII. SIGNATURES
The persons below assert that they are authorized to execute this AGREEMENT and have executed it as of the date of the last signature below. This AGREEMENT may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. The parties hereby agree to the use of electronic signatures to create mutually binding contractual agreements.

SAN DIEGO ASSOCIATION OF

GOVERNMENTS

SAN BERNARDINO POLICE DEPARTMENT
Cindy Burke
Senior Director, Data Science Charles Montoya
City Manager
APPROVED AS TO FORM:

Office of General Counsel
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EXHIBIT A – STATEMENT OF WORK
Program Description
FY2022 Project Safe Neighborhoods grant funding will be utilized by the Department to advance the achievements and impetus of the present violent crime mitigation plan. The grant funds will be allocated towards compensating overtime for deploying Focused Intelligence Rapid Enforcement (FIRE) teams that will utilize strategic data analytics, in conjunction with human source intelligence, to target violent criminals and seize unlawful firearms in high-crime areas throughout the San Bernardino.

Objectives
The goal and deliverable for the program implemented by SBPD are as follows:
• Goal: Reduce gang violence by increasing enforcement, prevention, and outreach strategies during summer months when gang violence peaks.
o Activity/Deliverable 1: Newly developed Focused Intelligence Rapid Enforcement (FIRE) teams, specifically trained in source development, will focus their efforts on gaining real-time information pertaining to violent crime and specific individuals involved, and will continue policing criminal activity around net cafés and hotspots rife with gang activity.

Program Design and Implementation
The Department is introducing a data-driven approach to tackle violent crime by implementing a microfocused overlay grid within the city. This strategy will pinpoint hotspot locations, chronic violent offenders, gangs, and areas with prevalent weapons violations. The grids, enriched with historical and real-time crime data, will facilitate more efficient resource allocation. Focused Intelligence Rapid Enforcement (FIRE) teams will collect real-time data through human sources, and these combined analytics will enable proactive enforcement and intervention efforts.

As violent crime perpetrators are addressed in these focus areas, the FIRE teams will maintain enforcement efforts in areas showing the highest probability of success. Rollback provisions will be employed proportionally, adapting enforcement efforts based on the specific grid's needs, ensuring sustainable results, and acting as a continual deterrent to violent crime. The program includes community engagement, prevention, and intervention efforts, utilizing data from public events and social media to identify violent crime concerns. Partnerships with government and community stakeholders help target the most violent offenders for enforcement.

In their efforts, the Department's SIB and Violent Crime Impact Teams collaborate to identify violent criminals and high-crime areas, referring individuals to the VIP program. To enhance violence reduction, the Department seeks FY2022 PSN Grant funds to address issues related to ghost guns, Glock switches, and illegal firearm trafficking. The focus will be on net cafés, which are sources of gang-related crime and illegal firearms, including ghost guns. FIRE teams will work closely with the SIB and other agencies to shut down these establishments, reducing access to such firearms and precursor crimes that lead to violent offenses.

The PSN Team primarily consists of SIB members, including the Narcotics Unit, Vice Unit, Special Investigations Unit, Multiple Enforcement Team (Gangs), and Crime Analysis Unit. Crime analysis plays a critical role in identifying trends, hotspots, and violent offenders, guiding FIRE patrol deployment. The Packet Page. 803
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PSN Team collaborates with local and federal partners to ensure prosecution and provides referrals to the VIP team for at-risk individuals. The SIB Commander is responsible for strategy, and the Financial Management Analyst oversees financial aspects.

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Project Budget
Budget Summary
Year 1 Year 2
(if needed)
Year 3
(if needed)
Budget Category
Federal Request
Non-Federal
Request
Federal Request
Non-Federal
Request
Federal Request
Non-Federal
Request
Total(s)
A. Personnel $191,691 $0 $0 $0 $0 $0 $191,691
B. Fringe Benefits $8,309 $0 $0 $0 $0 $0 $8,309
C. Travel $0 $0 $0 $0 $0 $0 $0
D. Equipment $0 $0 $0 $0 $0 $0 $0
E. Supplies $0 $0 $0 $0 $0 $0 $0
F. Construction $0 $0 $0 $0 $0 $0 $0
G. Subawards
(Subgrants) $0 $0 $0 $0 $0 $0 $0
H. Procurement
Contracts
$0 $0 $0 $0 $0 $0 $0
I. Other $0 $0 $0 $0 $0 $0 $0
Total Direct Costs $200,000 $0 $200,000 $0 $0 $0 $200,000 J. Indirect Costs $0 $0 $0 $0 $0 $0 $0
Total Project Costs $200,000 $0 $200,000 $0 $0 $0 $200,000 Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? - Y/N No
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Budget Detail - Year 1
Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? - Y/N
A. Personnel
Name Position Computation
List each name, if
known.

List each position,
if known. Show annual salary rate & amount of time devoted to the project for each name/position.

Salary Rate
Time Worked
(# of hours,
days,
months,
years)
Percentage of Time Total Cost Non-Federal
Contribution
Federal
Request
Overtime
Personnel Detective/Officer $99.00 Hourly 1,489 100% $147,411 $147,411 Overtime
Personnel Sergeant $120.00 369 100% $44,280 $44,280
Total(s) $191,691 $191,691
Narrative
The grant funds will be allocated towards compensating overtime for deploying Focused Intelligence Rapid Enforcement (FIRE) teams that will utilize strategic data analytics, in conjunction with human source intelligence, to divide the City into grids, and focus on the grids where the most violent crimes take place. The strategy will help to catch violent criminals and seize unlawful firearms in high-crime areas throughout the City. The FIRE Teams will consist of one supervisor and two or more officers working one or more shifts a week. The officers working the FIRE Teams will vary throughout the year. The FIRE Teams will receive direction from the Department's Special Investigations Bureau Commander who will be responsible for managing the Department's PSN program.

B. Fringe Benefits
Name Computation
List each grant-supported position
receiving fringe benefits Show the basis for competition Base Rate Total Cost Non-Federal
Contribution
Federal
Request
Overtime Personnel $191,691.00 4.33% $8,309 $8,859
Total(s) $8,309 $8,309
Narrative
The cost for fringe benefits related to overtime employees is $8,309. The Department is seeking reimbursement for Medicare (1.45%) and Workers Comp (2.88%).

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EEOP Certification Form
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High Risk Status Disclosure
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Disclosure of Lobbying Activities Form
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Certification of De Minimis Indirect Cost Rate Form
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Lynn Merrill, Interim Director of Public Works
Department: Public Works
Subject: Contract Amendment Approval – Mt. Vernon Storm Drain Project (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California: Approve Amendment No. 1 to the Professional Services Agreement with Onward Engineering in the amount of $19,612.50, for a total contract amount of $164,539.50 from Storm Drain DIF funding and extend the contract through anticipated completion date of December 30th, 2024.

Executive Summary
The proposed additional scope of work is required for additional potholing, redesign, as well as the California State Water Resources Control Board, Division of Drinking Water (DDW) exemption application. Public Works staff is requesting the approval of Amendment No. 1 to confirm the location and depth of the conflicting waterline, and to modify the design accordingly to provide clearance, over/under, the water Main line. In addition, Onward Engineering will process the application with Division of Drinking Water (DDW) to obtain an exemption for the separation between the water main line and storm drain line. If approved, Amendment No. 1 to the Professional Services Agreement will increase the project cost by $19,612.50, and authorize a contract change order, which will bring the new total amount of the contract to $164,539.50, to complete the design phase of the project.

Background
The existing storm drain system at Cajon Boulevard and Mt. Vernon Avenue runs full on heavy rain days causing drainage and flooding problems. A new storm drain connection will be required to improve the condition of Cajon Boulevard and Mt.

Vernon Avenue. This project will add a new storm drain of Reinforced Concrete Pipe that will connect to the existing 48-inch manhole at 16th Street and Mt. Vernon Packet Page. 824
Avenue, up to the existing 36-inch manhole at Cajon Blvd. and Highland Avenue. The 36-inch manhole at Cajon Boulevard will be replaced with a dual outlet manhole to control the pressure and velocity of the existing storm drain system.

On May 5, 2021, the Mayor and City Council adopted Resolution No. 2021-128 approving the award of a Design Services Agreement with Onward Engineering in the amount of $144,927 for Design Services for the Mt. Vernon Storm Drain Project (SD20-003).

On June 24, 2020, the Mayor and City Council approved Resolution No. 2020-128 adopting the City’s Annual Operating Budget for Fiscal Year 2020/21. The budget included CIP Project SD20-003 for Mt. Vernon Storm Drain (“Project”). Funding to support the Project design has been established in the amount of $300,000 in Storm Drain DIF funding.

Discussion
Following the Mayor and City Council approval of a Professional Services Agreement with Onward Engineering, the firm began designing the improvements for the Mt. Vernon Storm Drain, finalizing the initial design. Over the past year, plans were reviewed by Public Works staff and San Bernardino Municipal Water District (SBMWD) staff, and a potential conflict with Water Main line was raised by SBMWD staff, that was not previously identified during the project design. The San Bernardino Municipal Water District (SBMWD) does not have accurate as-built information on the recently identified water main line. Following initial potholing, it was determined to be very deep and require substantial potholing effort to determine its accurate depth.

Public Works Department staff met with Onward Engineering and received input on the requested modifications to the Project.

The modifications and additional tasks include:

1. Additional potholing on Mt. Vernon to determine the depth of the 24-inch Water Main crossing the proposed Storm Drain line

2. Design changes due to Water Main conflict

3. Preparation of Division of Drinking Water (DDW) Exemption The design and construction of this Storm Drain is consistent with the designated use of this funding, as completion of the project will serve the task of carrying rainfall and runoff water away from the street to prevent flooding. Onward Engineering provided a proposal for an amendment to the contract in the amount of $19,612.50 to complete the requested modifications. In addition to the modifications of the project, approving Amendment No. 1 will also extend the original term of the agreement through the anticipated completion date of December 30, 2024.

Funding for the Project was established in FY 2020/21 Capital Improvement Program (CIP) project SD20-003 budget through Storm Drain DIF funding (Fund Packet Page. 825
No. 248). The total project cost breakdown is as follows:

Onward Engineering Original
Contract

$144,927.00
Amendment No. 1
$19,612.50
New Total Project Cost
$164,539.50
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1 – Improved Operational & Financial Capacity – Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure.

Fiscal Impact
There is no General Fund impact with this item. There is sufficient funding within this project to support this item.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California: Approve Amendment No. 1 to the Professional Services Agreement with Onward Engineering in the amount of $19,612.50, for a total contract amount of $164,539.50, for the Mt. Vernon Storm Drain Project and extend the contract through anticipated completion date of December 30th, 2024.

Attachments
Attachment 1 – Amendment No. 1
Attachment 2 – Exhibit A: Onward Engineering Amendment Letter Attachment 3 – Professional Services Agreement with Onward Engineering Ward:

Sixth Ward
Synopsis of Previous Council Actions:

June 24, 2020 The Mayor and City Council approved Resolution No. 2020-128 adopting the City’s approving the City’s Annual Operating Budget for Fiscal Year 2020-21. The budget included CIP Project SD20-003 for Mt. Vernon Storm Drain (“Project”). Funding to support the Project design has been established in the amount of $300,000 in Storm drain DIF funding.

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Mirela Grigorescu, Engineering Assistant II November 7, 2023 City of San Bernardino
Public Works Department-Engineering Division
201 North E Street, 2
nd Floor
San Bernardino, CA 92418
Subject: Proposal to Provide Additional Work on The Mount Vernon Ave Storm Drain Improvement Project for Additional Potholing and Design Changes
Scope Items

1. Additional Potholing

2. Design Changes Due to Water Main Conflict and Preparation of DDW Exemption Dear Mirela,
As requested we have prepared a proposal to include additional potholing on Mount Vernon to determine the depth of the 24” Water Main crossing the proposed Storm Drain line. If it is determined that the water main impacts the vertical alignment of the storm drain design then we will proceed with a redesign for the storm drain main. The redesign could involve a minor elevation adjustment or the design of a junction structure along with two smaller pipes or boxes to provide clearance over/under the 24” water main. We will also prepare the application to DDW for the exemption due to separations between the water main and storm drain line.

We prepared this letter proposal in the amount of $19,612.50 in order to re-mobilize the potholing company and redesign of the plans to accommodate the changes.

Please review the attached fee and let us know if you have any questions.

Thank You,
Justin Smeets, PE
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QA/QC
Manager Project Manager Project Engineer Subconsultants $150 $135 $115
Hours Hours Hours
Additional Potholing and Design Changes
A Additional Potholing 2 $10,522.50 $10,792.50
B Design Changes Due to Water Main Conflict and Preparation of DDW Exemption 4 20 48 $8,820.00 Additional Potholing and Design Changes 4 22 48 $10,522.50 $19,612.50 Onward Engineering Fee Proposal to Provide Additional Professional Engineering Services to the City of San Bernardino for the Mount Vernon Storm Drain Project
Additional Potholing and Design Changes
Task Project Tasks Total
Lump Sum
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn Merrill, Interim Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Rejecting Construction Bids for the Clean California Local Grant Program (All Wards)
Recommendation:

Adopt Resolution No. 2024-021 of the Mayor and City Council of the City of San Bernardino, California, Rejecting Construction Bids for the Clean California Local Grant Program for the 4th Street Alley Beautification project.

Executive Summary
It is recommended that the Mayor and City Council adopt a resolution rejecting the bid from Diamond Construction and Design in the amount of $979,460.75, as the bid exceeds the amount of grant funding available.

Background
The Clean California Local Grant Program (“Program”) was established under Assembly Bill 149 (SEC. 16) and codified under Streets and Highway Code §91.41.

The goal of the competitive statewide program is to incentive the beautification and clean-up of local streets and roads, tribal lands, parks, pathways, transit centers, and to enhance the appearance of public spaces. The program is an element of the $1.1 billion-dollar Clean California initiative that takes direct aim at the time and resources expended by Caltrans and its partners to collect, recycle, and dispose of litter and hazardous waste.

The Clean California Local Grant Program, administered by the California Department of Transportation (Caltrans), will provide approximately $296 million as part of a two-year program to beautify and improve streets, tribal lands, parks, Packet Page. 909
pathways, and transit centers to improve spaces for walking and recreation with all funds to be expended by June 30, 2024. Each grant shall not exceed five million dollars. There is no minimum award. Applicants must be local or regional public agencies, transit agencies, or tribal governments. It was determined that the City was able to comply with all the grant conditions and was awarded funding in the amount of $722,772.00. The acceptance of the grant was approved by the Mayor and the City Council on August 3, 2022.

Discussion
The 4th Street Beautification and landscape project was advertised for public bidding on November 21, 2023, on Planet Bids.

Sealed bids were received and opened on December 12, 2023. The City received one bid as follows:

Bidder City Base Bid
Diamond Construction
& Design
Corona, CA $979,460.75
The City has reviewed the bid package and confirmed that Diamond Construction and Design from the City of LA Habra, California, is the lowest responsible and responsive bidder, with a total bid amount of $979,460.75. The lowest bid is significantly above the Engineer’s overall estimate of $433,300.00. The following is a breakdown of the construction bid, design and art mural design costs for the project:

Construction Bid $979,460.75
Design Cost $99,940.00
Art mural Design
$137,000.00
Total Project Cost $1,216,400.75
The grant awarded funds in the amount of $722,772.00 are not sufficient to cover the construction bid resulting in a shortfall of $493,628.75. Staff contacted the granting Packet Page. 910
authority regarding the shortfall but were informed additional funds are unavailable. It was suggested that the City review the scope of work and attempt to reduce elements to bring the cost of the project more in line with the available funding.

Therefore, staff recommends that the City rejects all bids submitted for the subject project at this time, and direct staff to revise the bid package and readvertise the project.

In addition, the Public Code Section 20166 states that the Mayor and City Council have the authority to reject all bids. The specification reiterates the same authority.

Staff will reevaluate the project and collaborate with the granting agency to develop an acceptable reduction in the scope of work that falls within the awarded budget.

Staff will advertise once a strategy is reached and the granting agency is in full agreement with the revised scope. Time is of the essence since the funds will expire in June 2024.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No.1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this resolution will result in minimizing appeals by the perspective bidders.

Fiscal Impact
There is no fiscal impact related to the adoption of this resolution since it is solely funded by the Clean California Local Grant Program.

Conclusion
Adopt Resolution No. 2024-021 of the Mayor and City Council of the City of San Bernardino, California, Rejecting Construction Bids for the Clean California Local Grant Program for the 4th Street Alley Beautification project.

Attachments
Attachment 1-Resolution No.2024-021
Attachment 2-Bid Proposal
Ward:

First Ward
Synopsis of Previous Council Actions:

January 19, 2022 Mayor and City Council of San Bernardino, California adopt Resolution No. 2022-07, approving submittal of application for Clean California Local Grant Program.

August 3, 2022 Mayor and City Council of San Bernardino, California adopt Resolution No. 2022-174, accepting funds from the Clean California Local Grant Program.

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Resolution No. 2024-021
Resolution 2024-021
January 17, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-021

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

REJECTING BIDS FOR THE CLEAN CALIFORNIA
LOCAL GRANT PROGAM FOR THE 4TH STREET ALLEY

BEAUTICATION PROJECT
WHEREAS, The City Public Works Department are responsible for the maintaining and operating street alleys City wide; and
WHEREAS, The plans and specifications were released for bid on November 21, 2023, sealed bids were received on December 12, 2023.

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 or his designee is hereby authorized and directed to reject all bids for project entitled “Clean California Local Grant Program for the 4th Street Alley Beautification Project”, pursuant to California Public Contract Code Section 20166 and San Bernardino Municipal Code Section 3.04.070(E).

SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of January, 2024.

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Resolution No. 2024-021
Resolution 2024-021
January 17, 2024

Page 2 of 3 ends

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2024-021
Resolution 2024-021
January 17, 2024

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-021, adopted at a regular meeting held on the 17th day of January 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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4TH STREET ALLEY REHABILITATION -12- 00 41 43 – BID FORMS 00 41 43 – BID FORMS

BID ACKNOWLEDGMENT
Bids will be received electronically via Planetbids
(https://pbsystem.planetbids.com/portal/39495/bo/bosearch), until 3:00 p.m. on Tuesday, December 12, 2023.
4TH STREET ALLEY REHABILITATION
NAME OF BIDDER: ______________________________________________ To the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401.

A. In response to the Notice Inviting Bids dated November 21, 2023 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.

B. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.

C. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.

D. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements.

E. The following Bid Forms, which have been completed and executed by the undersigned Bidder, are incorporated by this reference and made a part of this Bid:

1. Bid Schedule

2. Bid Guarantee in the amount of not less than 10% of the Total Bid Price.

3. Completed Designation of Subcontractors form.

4. Fully executed Noncollusion Declaration form.

DIAMOND CONSTRUCTION & DESIGN
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4TH STREET ALLEY REHABILITATION -13- 00 41 43 – BID FORMS

5. Completed Iran Contracting Act Certification form.

6. Completed Public Works Contractor DIR Registration Certification form.

7. Completed Contractor’s Certificate Regarding Workers’ Compensation form.

8. Completed Bidder Information and Experience Form.

F. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned.

1. Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

License number
Expiration date
License classification

1. Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California.

Member No. 1
Name
License number
Expiration date
License classification
Member No. 2
Name
License number
Expiration date
License classification
(If there are more than two members of the joint venture, attach a page for the additional member(s) with the above information.)
N/A
N/A
N/A

STELIAN ONUFREI
521295
02/28/2025
A,B

ADRIAN O'BRIAN
521295
02/28/2025
A,B
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4TH STREET ALLEY REHABILITATION -14- 00 41 43 – BID FORMS The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:

Addenda No. ________________________________________________ [SIGNATURE ON FOLLOWING PAGE]
Type text here 1(ADD Q&A), #1(Q&A SET 1)
Type text here
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4TH STREET ALLEY REHABILITATION -15- 00 41 43 – BID FORMS I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

BIDDER: Bidder's Business Address:
(Company Name)
By
(Signature)
(Type or print name)
(Title)
(Where signed) (City, State)
(corporate seal)
Dated: DECE,BER 11 , 20
State of Incorporation:
(If the Prime Contractor is a corporation, two signatures of corporate officers are required.) Names and addresses of all partners or joint venturers:

Statement of the authority of signatory to bind Bidder:

DIAMOND CONSTRUCTION & DESIGN - PARTNERSHIP

STELIAN ONUFREI

GENERAL PARTNER

LA HABRA, CALIFORNIA
23 921 N HARBOR BLVD #622
LA HABRA CA 90631
- PARTNERSHIP
N/A
N/A

STELIAN ONUFREI - GENERAL PARTNER
732 GAINSBOROUGH DR, LAGUNA BEACH CA 92651

ADRIAN O'BRIAN - QUALIFY PARTNER
510 ALABAMA ST, HUNTINGTON BEACH CA 92648

I, STELIAN ONUFREI, GENERAL PARTNER OF DIAMOND CONSTRUCTION & DESIGN,

HAVE THE POWER AND RESPONSIBILITY TO MAKE LEGALLY BINDING DECISIONS AND SIGN DOCUMENTS AND CONTRACTS ON BEHALF OF THE ENTITY.

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4TH STREET ALLEY REHABILITATION -16- 00 41 43 – BID FORMS

BID SCHEDULE
NO. ITEM DESCRIPTION

UNIT OF

MEASURE
EST.

QTY.

UNIT

PRICE ITEM COST

1. Mobilization LS 1

2. Traffic Control - Furnish, install, and maintain all traffic control, detour sign, striping, fencing and
safety measures to perform work, including
traffic control and/or construction phasing plan.

LS 1

3. Prepare Erosion Control Plan LS 1

4. AC Pavement and Aggregate Base Removal SF 4,259

5. PCC Pavement and Aggregate Base Removal SF 426

6. Removal of Catch Basin EA 1

7. Removal of Curb & Gutter LF 31

8. Removal of Tree and Tree Well EA 1

9. Curb Drain Relocation EA 2

10. Sawcut LF 131

11. Subgrade Preparation CY 87

12. Import CY 84

13. Grading SF 4,259

14. Backfilling and Re-compaction CY 21

15. Erosion Control BMPs and Maintenance LS 1

16. Full Depth AC Pavement TON 0.7

17. PCC Driveway (Commercial) SF 178

18. PCC Sidewalk SF 60

19. 8” Curb and Gutter LF 31

20. Aggregate Base CY 88

21. 4” PVC SDR-35 Storm Drain Pipe LF 44

22. 12”x12” Catch Basin Traffic Rated w/ ADA
Compliant Grate and Filter Insert
EA 2
1,950
28,500 28,500
25,000 25,000
1,950

4.15 4.15
17,674.85
1,767.90
5,800 5,800
60 1,860
10,600 10,600
3,700 7,400
15 1,965
160 13,920
220 18,480
16 68,144
175 3,675
1,950 1,950
6,000 4,200
35 6,230
150 9,000
165 5,115
165 14,250
85 3,740
3,800
7,600
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4TH STREET ALLEY REHABILITATION -17- 00 41 43 – BID FORMS

23. PCC Pavement SF 1,373

24. Permeable Pavers SF 3,500

25. 500 SF TransFold Stage Platform, Stafe/Riser
Caddy, and Portable Steps. Midwest Folding
Products Nos. TF4824P, MSC, and TST3 or Equal
LS 1

26. Custom Neon Alley Entrance Sign, Arch, and
Gate w/ Security and Knox Padlock Fabricate
and Install
EA 1

27. Tree Well EA 1

28. Tree Planter EA 1

29. Trees EA 3

30. Shrub and Ground Cover SF 380

31. Irrigation System SF 380

32. 5/8” x 3/4” Irrigation Meter Service EA 1

33. Bike rack EA 2

34. Trash Receptacle EA 7

35. Outdoor Grade Bench EA 3

36. Light Pole EA 10

37. Wall Mounted Light Fixture EA 10

38. Electrical Receptacle w/ Outdoor Cover EA 3

39. Electrical Wiring and Conduit LS 1

40. Electrical Meter Pedestal and Service EA 1

41. Construction 4’x8’ Project Signs EA 1

42. Sole Alley Wayfinding Sign and Post per City of
San Bernardino Std. Plan 504
EA 4

43. Geotechnical Testing including Compaction and
Percolation/Infiltraion
LS 1

44. Adjust Items to Grade as Noted per Plan EA 5

45. 5” PVC SDR-35 Storm Drain Pipe to Existing 5”
Storm Drains.

LF 11
25 34,325
51 178,500
27,000 27,000
78,200 78,200
4,600 4,600
4,750 4,750
1,260 3,780
8 3,040
20 7,600
2,000 2,000
1,500 3,000
4,700 32,900
5,200 15,600
5,900 59,000
3,300 33,000
2,900 8,700
79,000 79,000
31,000 31,000
900 900
17,000 17,000
7,500 7,500
900 4,500
150 1,650
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46. Sawcut Scorelines per Plan LF 31

47. Construction Survey LS 1

48. Protect Items in Place as Noted per Plan EA 38
BASE BID TOTAL $

TOTAL BID PRICE BASED ON BID SCHEDULE
$
Total Base Bid in Numbers
The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work.

All blank spaces appearing above must be filled in. Failure to fill in any blank spaces may render the bid non-responsive. In case of discrepancy between the Unit Price and Item Cost set forth for a unit basis item, the Unit Price shall prevail and be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a Unit Price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the Item Cost column, then the amount set forth in the Item Cost column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price.

For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices.

The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.

The undersigned agrees that this Bid Schedule constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.

If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s). 19 589
12,235 12,235
500 19,000
979,460.75
979,460.75
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4TH STREET ALLEY REHABILITATION -19- 00 41 43 – BID FORMS Name of Bidder
Signature
Name and Title
Dated

DIAMOND CONSTRUCTION & DESIGN

STELIAN ONUFREI - GENERAL PARTNER
12/11/23
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn Merrill, Interim Director of Public Works
Department: Public Works
Subject: Agreement with Yunex, LLC., for Traffic Signal Intersection On-Call and Emergency Repair Services
(All Wards)
Recommendation:

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

1. Authorize the City Manager to execute a Maintenance Services Agreement with Yunex, LLC., for traffic signal intersection on-call and emergency repair services; and

2. Authorize the Director of Finance to issue a purchase order in the amount of $600,000 to Yunex, LLC.

Executive Summary
A purchase order in the amount of $600,000 is requested for traffic signal intersection on-call and emergency repair services for Yunex, LLC. These services are critically needed for City-wide traffic intersection maintenance and repairs. The amount requested is consistent with the projected traffic intersection repairs required due to increased vandalism, collisions, and aging equipment.

Background
The Operations and Maintenance Division (O&M) of the Public Works Department is responsible for the maintenance, repair, and clean-up of City-owned infrastructure and rights of way. In conjunction with the Engineering Division of Public Works, it is also responsible for ensuring the City’s traffic intersections are properly maintained, inspected, upgraded, and repaired as needed. General maintenance, repair, and inspection of traffic intersections is largely performed by in-house staff that are part of the Traffic and Lighting work section of the O&M Packet Page. 923
Division; however, contractual services are often utilized for repairs that occur after hours or are beyond staff’s equipment and materials availability.

Discussion
The City of San Bernardino has nearly 275 traffic intersections comprised of various traffic signal components and hardware. Annually, numerous traffic collisions at intersections occur which may necessitate the immediate repair and replacement of damaged components to include large poles and signal heads. These collisions often occur after work hours or on weekends and require the utilization of a contractor in order to expedite the repairs and/or possible replacement of components and traffic cabinets. In many instances, repairs are required on an emergency basis to avert traffic back-ups at busy intersections. In addition, aging equipment and components routinely need replacement throughout many of our intersections.

The Operations and Maintenance Division of Public Works worked with the Finance Department, and in May of 2023, a formal bid process was initiated to solicit bids for traffic signal intersection on-call and emergency services in Request for Proposal No.

F-23-51. Notices were posted on the City’s website.

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

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

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

3. Executive Summary, Staffing Resources.

4. Fiscal Stability.

5. Proposed Method to Accomplish the Work.

6. Experience and Technical Competence.

7. Project Specific Experience.

The selection committee was asked to score a seven (7) part evaluation sheet on a 0- 10 scale for each area for a total max score of 70. The evaluation also included a thorough review of mandatory requirements. This RFP was not based on the lowest cost. It is based on the most responsive and responsible bidder. The cost, however, was weighted at 40% of total points, meaning that the total scores from the selection committee are valued at 60% of the total points. In its final review and consolidation of committee scores with Procurement’s weighted scores for cost, it was determined that Yunex, LLC was the winning vendor as noted in the table below. It is important to note that the amounts reflected below are for the total cost of unit (items) as requested in the cost sheet. The overall amount of the requested purchase order will be set at $600,000 annually for this maintenance service agreement. The results of the solicitation are provided below.

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BIDDER CITY TOTAL COST
Yunex, LLC Riverside, CA $309,070
Bear Electrical Solutions,
Inc.

Alviso, CA $328,743.04
St. Francis Electric, LLC Riverside, CA $338,729.30
Staff are confident that Yunex is qualified to perform the required work for this maintenance services agreement and noted the extensive experience of their staff in their proposal. Additionally, Yunex is well regarded in this region and has previously provided services to the city. The term of the proposed agreement shall be from January 17, 2024, to June 30, 2025, with four option years to be exercised at the City’s discretion.
2021-2025 Strategic Targets and Goals
This project is consistent with several City goals and targets. It is aligned with Key Target 1e: Minimize risk and litigation exposure. Approval of this agreement will reduce the risk of potential liability associated with tort cases and significantly reduce the number of open work order requests. It is also aligned with Key Target 3c: Evaluate and enhance the quality of public safety services.

Fiscal Impact
Budget within the FY 2023/24 Operating Budget was appropriated during adoption.

The General Fund impact is $113,500, and the Gas Tax impact is $486,500. These amounts will be programmed annually in future budget for option years.

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

1. Authorize the City Manager to execute a Maintenance Services Agreement with Yunex, LLC., for traffic signal intersection on-call and emergency repair services; and

2. Authorize the Director of Finance to issue a purchase order in the amount of $600,000 to Yunex, LLC.

Attachments
Attachment 1 Maintenance Services Agreement
Attachment 2 Bid Documents – RFP No. F- 23- 51Attachment Attachment 3 Bid Matrix – Pricing Summary
Ward:

All Wards
Synopsis of Previous Council Actions:

November 2, 2022 Agreement with St. Francis for Traffic Signal Maintenance Services Packet Page. 925
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CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 17th day of January, 2024 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and Yunex, LLC., a California Corporation with its principal place of business at 2250 Business Way, Riverside, California 92501 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

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

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

2.2 Project.

City desires to engage Contractor to render such services for the TRAFFIC SIGNAL INTERSECTION ON-CALL AND EMERGENCY REPAIR services project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

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3.1.2 Term. The term of this Agreement shall be from January 17, 2024 to June 30th, 2025 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than four additional oneyear terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

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

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

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

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

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

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

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

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

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Ten Dollars ($10.00) per day for each calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

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

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor Packet Page. 928
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shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

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

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

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

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to Packet Page. 929
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

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

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor Packet Page. 930
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to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

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

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

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 MINIMUM; and $4,000,0000 aggregate per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:
$1,000,000 MINIMUM; per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease; (4) Cyber Liability: $1,000,000 PER OCCURRENCE/AGGREGATE for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and Packet Page. 931
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automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

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

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

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

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

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

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

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

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

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

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

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

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Packet Page. 933
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work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

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

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

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

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

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records Packet Page. 934
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shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.

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

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

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

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been Packet Page. 935
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transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Six Hundred Thousand Dollars and No Cents ($600,000) without written approval of City’s Finance Director. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect Packet Page. 936
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at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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

3.4 Termination of Agreement.

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

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

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

3.5 General Provisions.

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

Contractor:

Yunex, LLC
2250 Business Way
Riverside, California 92501
Attn: Steven Teal
City:

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

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

3.5.2 Indemnification.

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

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

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

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

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

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

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

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease Packet Page. 939
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of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

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

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

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

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

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

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

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

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

3.5.18 Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an Packet Page. 940
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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 MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

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

CITY OF SAN BERNARDINO
APPROVED BY:

CHARLES A. MONTOYA
City Manager
ATTESTED BY:

GENOVEVA ROCHA, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

YUNEX, LLC
By:

Its:

Printed Name:

By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
Packet Page. 942
Exhibit A
Scope of Services
Traffic Signal Intersection On-Call and Emergency Repair Services Scope of Work and Technical Specifications
The City of San Bernardino is seeking on-call support and emergency repair/replacement services for the City’s traffic signals and related infrastructure. The vendor will provide services related to the repair and replacement of traffic signal knockdowns related to vandalism or accidents.

During on-call or emergency requests, the vendor will furnish all labor, materials, equipment, and perform all work to repair traffic signals (to include poles) and related components (including intersection safety lights). In some instances, the City may opt to furnish materials to expedite the repair of a signalized intersection and return it to an operational status. This will require pre-authorization by the Contract Administrator.

Description of Services
Traffic Signal Repair and/or Replacement
The includes the repair and/or replacement of any signals of any type which may be malfunctioning as a result of vandalism, knockdown due to accidents, wind or weather-related damage, malfunction, and/or any other type of failure.

1. Accidental Damage Repair – will consist of repairing damage to traffic signal systems (to include safety lights) and poles/foundations resulting from vehicular accidents.

Accidental repair work includes cleanup of debris, such as that from a pole knockdown, set-up of barricades or other traffic control signs, hook-up of temporary controllers, temporary poles, temporary signals (as necessary), and any other work related to safeguarding the site against all injury or damage to the public and to return the intersection to a fully operational status as quickly as possible. The vendor will provide adequate traffic control and warning signs per Manual on Uniform Traffic Control devices (MUTCD) guidelines and shall maintain proper work site and directional signs while performing repair work. All temporary signals, controllers, or other equipment shall provide the same functional capability as the original installation.

2. Vandalism—This work will consist of repairing damage to traffic signal systems as a result of theft, break-in (into cabinets), or even purposeful knockdown of poles.

Parts, Material Quality, and Workmanship

1. Unless otherwise provided for in the specifications, all workmanship, equipment, materials, and articles incorporated in the work covered by this Packet Page. 943
agreement shall be of the best quality of their respective kind and for their purpose. Wherever replacement of material or equipment, in accordance with the Standard Plans and Specifications may cause an obvious difference in either appearance or operation of the system or would be in any way incompatible with other existing equipment, the vendor shall so inform City staff. All phases of the work are subject to inspection and approval of City staff.

2. All permanent repairs to the system shall be undertaken within a thirty (30) day period. Failure to effect permanent repairs within this time limit shall be sufficient cause for City staff to authorize repairs to be completed by another contractor.

3. The vendor shall be responsible for furnishing all spare parts necessary to maintain the continued safe and efficient operation of the signals whenever the original unit is withdrawn for maintenance, repair, or modification. All component parts of each system shall be maintained at all times to perform the functions for which they were designed, unless authorized otherwise by City staff.

Repair or Replacement Services Records
The following records shall be maintained by the vendor covering signal maintenance activities:

1. A record of all repairs, and relevant data pertaining to each individual intersection will be kept in the controller cabinet and properly annotated by the vendor, at the time of any repair work or modifications. A duplicate record will be kept on file in the vendor's office and will be sent to City staff, included on the monthly summary report. The vendor shall supply a copy of the maintenance record to City staff.

2. A database shall be maintained indicating previous maintenance and scheduled maintenance work.

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Exhibit B
Schedule of Services
Response and Service
The vendor shall provide response and service in the following manner:

1. The vendor shall designate and inform City staff of a telephone number(s), where a representative can be reached concerning response or on-call maintenance. The vendor shall be accessible at this telephone number(s) and available to perform traffic signal repair/response maintenance, twenty-four (24) hours a day, seven (7) days a week, including holidays. A fax number and an e- mail address for transmitting documents shall be owned and operated by the vendor.

2. When the notification is sent by City staff to the vendor between 8:00 a.m. and 5:00 p.m., the response time shall not exceed two (2) hours, Monday through Friday.

3. When the notification is received at any other time or on any other day, the response time shall not exceed three (3) hours.

4. When a situation exists that City staff deems dangerous or an emergency and so advises the vendor, the vendor shall dispatch qualified personnel and appropriate equipment and material to correct the situation, as soon as possible, but in no case later than indicated above.

5. Vendor’s response to emergency repair should be coordinated with City staff.

6. The vendor shall restore normal operation of each traffic signal or system master covered under this contract within twenty-four (24) hours of notification. On this end, the vendor shall install a City supplied substitute controller unit and/or cabinet that can provide the same signal operation, insofar as phasing and time, until the existing controller unit and/or cabinet can be returned to service or replaced. The installation of a substitute cabinet shall be considered as traffic signal repair/response maintenance and will be paid as noted in the Unit Cost Sheet.

7. In the event the vendor is required to furnish a controller unit or cabinet, prior Packet Page. 945
approval is required from City staff. If the existing controller unit or cabinet is repairable, it shall be returned to service within thirty (30) days. The vendor or shall use only City- recommended and supplied controllers, such as Naztec, or Econolite Make Controllers ASC/2S, ASC/2M, Cobalt, or McCain 2070 etc.

The Contractor shall not use any other type of controllers from other manufacturers not recommended by City staff.

8. If temporary stop signs are in place at the intersection when the vendor arrives, the vendor shall coordinate with City staff regarding removal of the signs when the traffic signal is placed in operation.

9. If the response time exceeds eight (8) hours or more, City staff reserves the right to have the repairs done by another company at the sole expense of the vendor. All penalty costs will be deducted from the monthly payments to the vendor.

10. The vendor shall provide all material and equipment required for response maintenance. Permanent repairs shall be completed as soon as possible, and, in all cases, within thirty (30) days, unless extended, due to unusual circumstances, by City staff. City staff may extend the maximum response time if materials are unavailable due to national shortages.

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Exhibit C
Compensation
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Packet Page. 948
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Packet Page. 950

REQUEST FOR PROPOSALS
FOR

CITY OF SAN BERNARDINO
FOR
RFP F-23-51

TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS)

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
WWW.SBCITY.ORG
Packet Page. 951

CITY OF SAN BERNARDINO

NOTICE INVITING PROPOSALS

TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS)
RFP F-23-51
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San Bernardino via Planetbids until 3:00 PM, June 27, 2023. Proposals received after this date will be returned to the proposers unopened. Faxed or electronically submitted proposals will not be accepted.

The City is requesting proposals to provide: Traffic Signal On-Call Services and Emergency Repair Services (Knockdowns)
The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.

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

For more information regarding the RFP, please contact:

City of San Bernardino Purchasing Department
[email protected]
Packet Page. 952

CITY OF SAN BERNARDINO

REQUEST FOR PROPOSALS

TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS)
I. BACKGROUND AND INTRODUCTION
The City of San Bernardino (“City”) is requesting proposals from qualified firms1 (“Proposers”) for Traffic Signal On-Call Services and Emergency Repair Services (Knockdowns) (“Services”).

To serve and promote the welfare of its residents, the City intends to procure the Services, as described below.

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

1. Public Works Prevailing Wage and Contractor Registration: Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations.

Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/.

In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Public Works Department upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. 1 Use of the term “firm” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

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

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

All written questions, if answered, will be issued to all prospective proposers via email notification from Planetbids. Oral statements regarding this RFP by any persons should be considered unverified information unless confirmed in writing. To ensure a response, questions must be submitted to Planetbids by Thursday, June 13th 3:00 p.m. local time on the date identified in the Proposal Schedule. Each Proposer is responsible for ensuring that it has received all addenda, clarifications, supplemental information, and responses to questions prior to submitting a proposal.

D. Pre-Proposal Meeting
Meeting is not required.

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

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

Proposals shall be in the following order and shall include:

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

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

3. Identification of Proposer: (limit: 1 page)
a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).
c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”
d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal. e. California Business License Number
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4. Staffing Resources: (limit: 2 pages)
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
(ii) Identify three (3) persons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.
(iii) Describe proposed team organization, including
identification and responsibilities of key personnel. Please include one-page resumes.
(iv) Provide brief biographies of individuals that shall be working directly with the City.
b. Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time.

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

6. Experience and Technical Competence: (limit: 4 pages) a. Experience
(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.

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(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of
Services for public clients.
(iv) Provide three (3) references regarding the Proposer’s experience and performance performing similar services.

Include the following information: (1) Organization/City, contact name, phone number, e-mail address; and (2)
project size and description, if applicable, and description of services.
(v) Describe the Proposer’s local experience and knowledge of City.
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include:
(a) Role of the firm
(b) Dollar value of the services
(c) Dollar value of the fee
(d) Description of services
(e) Staffing
(f) Duration of providing services
(g) Relationship to client
(h) Contact name, position, entity name, telephone
number, fax number and e-mail address for each
project.
(ii) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional
services agreement once selected.
(b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.

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(d) Debarment by any municipal, county, state, federal
or local agency.
(e) Involvement in litigation, arbitration or mediation.

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

Information regarding any of the above may, at the
sole discretion of the City, be deemed to indicate an
unsatisfactory record of performance.
c. Technical Competence
(i) Description of in-house resources (i.e., computer
capabilities, software applications, modem protocol,
modeling programs, etc.)
(ii) Ability to draw upon multi-disciplinary staff to address the services requested in this RFP.

7. Proposed Method to Accomplish the Work: (limit: 2 pages) Describe the technical and management approach to providing the services to the City. Proposer should take into account the scope of the Services, goals of the City, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A”, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

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

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

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

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

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

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

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

G. Selection Process

1. The City will evaluate proposals based on the following criteria:
a. The Proposer is properly licensed to practice in the State of California.
b. The Proposer has no conflict of interest with regard to any other work performed by the firm for the City.
c. Clarity and conformance of proposal to the RFP.
d. Content of the proposal.
e. Proposer’s experience and performance.
f. Team members’ experience and performance.

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g. Fee proposal.
h. Comments by references. (Pass/Fail)
i. Exceptions/Deviations to RFP/Agreement Template (Pass/Fail) j. Litigations (Pass/Fail).

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

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

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

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

H. Protests

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

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

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

The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall Packet Page. 959
constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

I. Proposal Schedule
The tentative schedule is as follows:

ACTION DATE
Release of Request for Proposal May 25, 2023
Last day to Submit questions for Clarification
received by the City on or before June 13, 2023, 3:00 pm June 13, 2023
Clarifications Issued by City on or before June 20, 2023, 3:00 pm
June 20, 2023
Deadline for Receipt of Proposals
submitted on or before June 27, 2023 3:00 pm
June 27, 2023
The above scheduled dates are tentative and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.

J. Submittal Requirements

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

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

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

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

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

3. Site Examination: Proposers may visit the City and its physical facilities to determine the local conditions which may in any way affect the performance of the work; familiarize themselves with all federal, state and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the Services at its proposal price within the terms of the Agreement; and Packet Page. 960
correlate its observations, investigations, and determinations with the requirements of the Agreement.

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

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

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information.

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

Submittal Instructions: Electronic PDF file format via Planetbids. Please allow time for system to process your proposal. The Proposal must be received no later than 3:00pm PST, on or before June, 27, 2023. The City shall not be responsible for proposals that are not received on time. The City will not be responsible for and will not accept late bids due to slow internet connection, or incomplete transmissions.

K. General Conditions

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

2. Amendments to Proposals: Unless specifically requested by the City, no amendment, addendum or modification shall be accepted after a proposal has been submitted to Packet Page. 961
City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein for receiving proposals.

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

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

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

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

7. No Commitment to Award: Issuance of this RFP and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP.

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

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

Publication Date of RFP: May 25, 2023
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EXHIBIT “A”
Scope of Work:

TRAFFIC SIGNAL ON-CALL SERVICES AND EMERGENCY REPAIR SERVICES (KNOCKDOWNS)
The City of San Bernardino is seeking on-call support and emergency repair/replacement services for the City’s traffic signals and related infrastructure. The vendor will primarily provide services related to the repair and replacement of traffic signal knockdowns related to vandalism or accidents.

During on-call or emergency requests, the vendor will furnish all labor, materials, equipment, and perform all work to repair traffic signals (to include poles) and related components (including intersection safety lights). In some instances, the City may opt to furnish materials in order to expedite the repair of a signalized intersection and return it to an operational status; however, this will require pre-authorization by the Contract Administrator.

Description of Services
Traffic Signal Repair and/or Replacement
This primarily includes the repair and/or replacement of any signals of any type which may be malfunctioning as a result of vandalism, knockdown due to accidents, wind or weather-related damage, malfunction, and/or any other type of failure.

1. Accidental Damage Repair – will consist of repairing damage to traffic signal systems (to include safety lights) and poles/foundations resulting from vehicular accidents.

Accidental repair work includes cleanup of debris, such as that from a pole knockdown, set-up of barricades or other traffic control signs, hook-up of temporary controllers, temporary poles, temporary signals (as necessary), and any other work related to safeguarding the site against all injury or damage to the public and to return the intersection to a fully operational status as quickly as possible. The vendor will provide adequate traffic control and warning signs per MUTCD guidelines and shall maintain proper work site and directional signs while performing repair work. All temporary signals, controllers, or other equipment shall provide the same functional capability as the original installation.

2. Vandalism—This work will consist of repairing damage to traffic signal systems as a result of theft, break-in (into cabinets), or even purposeful knockdown of poles.

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

Please Sign and Acknowledge Here: __________________________________________ _________________________________________________________________________ If Bidder can provide additional services that are related to the services above, but not mentioned in this section, please list the additional services and detail how they will be beneficial to the city
BIDDER’S RESPONSE:

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Parts, Material Quality, and Workmanship

1. Unless otherwise provided for in the specifications, all workmanship, equipment, materials, and articles incorporated in the work covered by this agreement shall be of the best quality of their respective kind and for their purpose. Wherever replacement of material or equipment, in accordance with the Standard Plans and Specifications may cause an obvious difference in either appearance or operation of the system or would be in any way incompatible with other existing equipment, the vendor shall so inform City staff. All phases of the work are subject to inspection and approval of City staff.

2. All permanent repairs to the system shall be undertaken within a thirty (30) day period.

Failure to effect permanent repairs within this time limit shall be sufficient cause for City staff to authorize repairs to be completed by another contractor.

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

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Repair or Replacement Service Records
The following records shall be maintained by the vendor covering signal maintenance activities:

2. A database shall be maintained indicating previous maintenance and scheduled maintenance work.

Response and Service
The vendor shall provide response and service in the following manner:

1. The vendor shall designate and inform City staff of a telephone number(s), where he/she can be reached concerning response or on-call maintenance. The vendor shall be accessible at this telephone number(s) and available to perform traffic signal repair/response maintenance, twenty-four (24) hours a day, seven (7) days a week, including holidays. A fax number and an e- mail address for transmitting documents shall be owned and operated by the vendor.

2. When the notification is sent by City staff to the vendor between 6:00 a.m. and 3:30 p.m., the response time shall not exceed two (2) hours, Monday through Friday.

3. When the notification is received at any other time or on any other day, the response time shall not exceed three (3) hours.

4. When a situation exists that City staff deems dangerous or an emergency and so Bidders must acknowledge all requirements of scope of work, previous section, including all categories and sub-points.

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advises the vendor, the vendor shall dispatch qualified personnel and appropriate equipment and material to correct the situation, as soon as possible, but in no case later than indicated above.

5. Vendor’s response to emergency repair should be coordinated with City staff.

7. In the event the vendor is required to furnish a controller unit or cabinet, prior approval is required from City staff. If the existing controller unit or cabinet is repairable, it shall be returned to service within thirty (30) days. The vendor shall use only Cityrecommended and supplied controllers, such as Econolite Make Controllers or McCain 2070. The vendor shall not use any other type of controllers from other manufacturers not recommended by City staff.

9. If the response time exceeds eight (8) hours or more, City staff reserves the right to have the repairs done by another company at the sole expense of the vendor.

All penalty costs will be deducted from the monthly payments to the vendor

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

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Unit Cost File:

Type of Equipment or Material and Installation/Repair Service (as applicable) Unit Cost (Each) Furnish and install new 332L Controller Cabinet on existing foundation Furnish and install new 332L Controller Cabinet on new foundation Install City furnished 332L Controller Cabinet on existing foundation Install City furnished 332L Controller Cabinet on new foundation Furnish and install ADA compliant PPB post (no foundation replacement) Furnish and install ADA compliant PPB post (with foundation replacement) Furnish and install Type 1-D – 10’ (no foundation replacement) Install City supplied Type 1-D– 10’ (no foundation replacement) Furnish and install Type 1-D - 10’ (with foundation replacement) Install City supplied Type 1-D– 10’ (with foundation replacement) Furnish and install Type 1-D – 7’ (no foundation replacement) Install City supplied Type 1-D – 7’ (with foundation replacement) Furnish and install Type 1-D – 7’ (with foundation replacement) Install City supplied Type 1-D – 7’ (with foundation replacement) Furnish and install Type 17-2-100 w/15’ mast arm and 8’ luminaire, (no foundation replacement)
Furnish and install Type 17-2-100 w/15’ mast arm and 8’ luminaire (with foundation replacement)
Furnish and Install Type 19-2-100 w/25’ mast arm and 12’ luminaire (no foundation replacement)
Furnish and Install Type 19-2-100 w/25’ mast arm and 12’ luminaire (with foundation replacement)
Install Type 15 pole with new 8’ luminaire mast arm with LED light and Install Foundation
Install Type 15 pole with new 8’luminaire mast arm with LED light Remove and secure a knockdown traffic signal pole (Type 19-2 w/25’ mast arm) Replace Pull box # 3.5
Replace Pull box # 5
Replace Pull box # 6
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Type of Equipment or Material and Installation/Repair Service (as applicable) Unit Cost (Each) Replace Pull box lid for # 3.5
Replace Pull box lid for #5
Replace Pull box lid for #6
Replace 12” LED signal (Green – Ball)
Replace 12” LED signal (Yellow – Ball)
Replace 12” LED signal (Red – Ball)
Replace 12” LED signal (Green – Arrow)
Replace 12” LED signal (Yellow – Arrow)
Replace 12” LED signal (Red – Arrow)
Replace 8” LED signal (Green – Ball)
Replace 8” LED signal (Yellow – Ball)
Replace 8” LED signal (Red – Ball)
Replace LED countdown pedestrian module
Replace SP-1-T (Bronze) with housing and countdown module Replace SP-2-T (Bronze) with housings and countdown modules Replace clamshell pedestrian signal housing with countdown module Replace TV-1-T (Bronze) with 12” 3 section signal head complete assembly installation Replace SV-1-T (Bronze) with 12” 3 section signal head complete assembly installation Replace TV-2-T (Bronze) with 12” 3 section signal heads complete assembly installation Replace SV-2-T (Bronze) with 12” 3 section signal heads complete assembly installation Replace 12” 3 section MAS signal head complete assembly installation Replace 12” 4 section MAS signal head complete assembly installation Replace TV-2-T with 12” 5 section signal head (LOD), 12” 3 section signal head (ROD) complete assembly installation
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Type of Equipment or Material and Installation/Repair Service (as applicable) Unit Cost (Each) Replace 5 section cluster MAS signal head complete assembly installation Replace 8” 3 section louvered back plate
Replace 12” 3 section louvered back plate
Replace 8” tunnel visor
Replace 12” tunnel visor
Restore turned signal head
Furnish and replace/install ADA complaint PPB, ped button assembly and directional sign Furnish and install Audible PPB system complete with iCCU- C (Polara) Install City furnished Battery Backup system on an existing 332 cabinet Furnish and install Backup system on an existing 332 cabinet Trench 150’ 3” SCH 40 rigid PVC conduit
Bore 150’ 3” SCH 40 rigid PVC conduit
Trench 150’ 3” rigid 150’ 3” steel conduit (GRC) or schedule 80 PVC Bore 150’ 3” rigid steel conduit (GRC) or schedule 80 PVC Attach City furnished solar powered radar feedback sign to existing pole Install City furnished solar powered radarfeedback sign or flashing beacon – Furnish and install foundation and pole in sidewalk
Install City furnished solar powered radar feedback sign or flashing beacon – Furnish and install foundation and pole in dirt
Furnish and install new signal controller (2070 E with 2033 software) Installation of Timing Plan in controller
Reset signals on flash and reset the CMU
Unless Specified Contractor Shall Supply Material
After Work Hours or Weekend Hours Rate (additional cost per hour) of labor (or flat rate added):
$____________________
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OPTION YEARS TOTAL PRICING (OVERALL COST)
This agreement will include option years to be renewed at the discretion of the City. Please provide overall pricing below:

Option Year Total Annual Cost
2025 $
2026 $
2027 $
2028 $
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EXHIBIT C

CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 2021 by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and [***INSERT NAME***], a [***[INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

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

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

2.2 Project.

City desires to engage Contractor to render such services for the [***INSERT NAME OF PROJECT***] project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from [***INSERT START DATE***] to [***INSERT ENDING DATE***], unless earlier terminated as provided herein. [***INSERT THE FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT Packet Page. 971
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TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

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

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

3.2.5 Contractor’s Representative. Contractor hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU’RE INCLUDING LD’S – DELETE OTHERWISE – DON’T SIMPLY INSERT $0; ALSO DELETE “AND LIQUIDATED DAMAGES” FROM TITLE OF SECTION ***]Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs Packet Page. 973
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any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake Packet Page. 974
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self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

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

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and Packet Page. 975
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policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance. [***CITY RISK MANAGER TO REVIEW TO DETERMINE WHETHER REQUIREMENTS AND LIMITS ARE ACCEPTABLE***]

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

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and (5) Aviation and/or Drone Liability, in a form and with insurance companies acceptable to City. [***DELETE IF AVIATION LIABILITY IS NOT REQUIRED***]The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability:[***INSERT AMOUNT - TYPICALLY $2,000,000 MINIMUM; and $4,000,0000 aggregate. HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:[***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of [***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury or disease; (4) Cyber Liability: :[***INSERT Packet Page. 976
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AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE/AGGREGATE; HOWEVER,

AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; (5) Aviation/Drone Liability: [***INSERT AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE LIMIT; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for bodily injury and property damage.[***DELETE IF AVIATION LIABILITY NOT REQUIRED***] Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

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(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

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

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all Packet Page. 978
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insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

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

3.2.13 Bonds.
[***NOTE (READ AND DELETE THIS BLOCK BEFORE USING MODEL):

Some maintenance projects of more than $25,000 will require payment bonds by law. See generally Civil Code Section 9550 or speak to the City’s Purchasing Team or City Attorney***]

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount Packet Page. 979
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of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

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

3.2.15 Work Site.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or Packet Page. 980
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omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

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

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) without written approval of City’s [***INSERT TITLE***]. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Packet Page. 981
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Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

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

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

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

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Packet Page. 982
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Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

3.4 Termination of Agreement.

3.5 General Provisions.

Contractor:
[***INSERT NAME, ADDRESS & CONTACT PERSON***]
City:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT NAME & DEPARTMENT***]
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With Copy To:

3.5.2 Indemnification.

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters Packet Page. 984
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that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

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

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

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working Packet Page. 985
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solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

3.5.19 Federal Provisions.[***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT AGENCY COUNSEL IF NECESSARY***]When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:
[***INSERT NAME***],
[***INSERT TITLE***]
ATTESTED BY:
[***INSERT NAME***],
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
[***INSERT NAME OF CONTRACTOR***]
[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:

Its:

Printed Name:
[DELETE THE FOLLOWING SIGNATURE
LINE IF NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
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EXHIBIT A
Exhibit A
Scope of Services
[***INSERT SCOPE***]
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EXHIBIT B
Exhibit B
Schedule of Services
[***INSERT SCHEDULE***]
Packet Page. 989

EXHIBIT C
Exhibit C
Compensation
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] [***SEE SECTION 3.2.13 ABOVE AND IF APPLICABLE, INSERT
PERFORMANCE/PAYMENT BONDS ON THE NEXT PAGE; IF NOT REQUIRED, STATE THAT THEY ARE NOT REQUIRED***]
Packet Page. 990
[***INCLUDE THIS EXHIBIT (AND CORRESPONDING AGREEMENT PROVISION) ONLY IF APPLICABLE; DELETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT THE CITY ATTORNEY IF NECESSARY***]
Exhibit D
Federal Requirements
[***INSERT ALL FORMS, PROVISIONS AND OTHER REQUIREMENTS OF THE FEDERAL FUNDING SOURCE***]
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Price Summary Sheet
Traffic Signal Intersection On-Call and Emergency Services 2024 Vendor Total Cost for Services (unit items total)
Yunex, LLC. $309,070.00
Bear Electrical Solutions, Inc. $328,743.04
St. Francis Electric, LLC. $338,729.30
Packet Page. 992

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: January 17, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Lynn Merrill, Interim Director of Public Works, Operations and Maintenance
Department: Public Works
Subject: Task Order Issued to Transtech Engineers for Project Management Services for the San Bernardino Hope
Campus Project (Navigation Center) and Norman F.

Feldhym Library Revitalization Projects. (Ward 1)
Recommendation:

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

1. Approve two task orders (Transtech003 and Transtech004) to Transtech Engineering for program management services for the San Bernardino Hope Campus Project (Navigation Center) and Norman F. Feldhym Library Revitalization project, as part of the existing Professional Services Agreement for On-Call Engineering Services, and,

2. Authorize the Finance Director to issue a purchase order in the amount of $296,400 for the Hope Campus Project and $197,600 for the Feldhym Library Project.

Executive Summary
The City of San Bernardino has approximately $100 million in Capital Improvement Projects (CIP), for the next five years. The CIP includes several significant projects that require a focused team to complete this work. Transtech Engineers has accomplished the initial efforts for both the San Bernardino Hope Campus project and was instrumental in developing the successful grant package for the Feldhym Library grant, approved by the City Council at the December 6, 2023, meeting.

Background
Packet Page. 993
On November 16, 2022, the City Council approved a standard Professional Services Agreement (PSA) with 24 Engineering firms to provide various technical, engineering and project management services to the City. The selection of the firms was based on each firm meeting the pre-qualified requirements, licensing, and certifications without being debarred, suspended, or determined ineligible from bidding or accepting work from any State or Federal Contracts. On February 15, 2023, the City Council approved the first task order (Transtech001) to Transtech Engineers in the amount of $135,380, for augmented Capital Improvement Program Programmatic Services in FY22-23. On June 21, 2023, the City Council approved a second task order (Transtech002) to Transtech Engineers in the amount of $488,880 for Capital Improvement Program Programmatic Services in FY23-24.

As part of the work that Transtech has been performing under their second task order is program management for both the San Bernardino Hope Campus project, consisting of the design and construction of a centralized facility to provide services to the homeless population, including temporary transitional housing, and the Norman F. Feldhym Library revitalization projects. Both projects are complex and require a variety of efforts such as preparation of various specifications, Request for Proposals, and other project management efforts necessary to bring each project from initial concept to final construction. This work exceeds the capability of the existing Public Works Engineering staff due to the complex nature of the work, and the necessity to dedicate significant resources to ensure both high priority projects are completed successfully and on schedule.

Discussion
The City of San Bernardino has approximately $100 million in capital improvement projects for the next five years. The CIP includes several significant projects that require a focused team to complete this work. Transtech Engineers has accomplished the initial efforts for both the San Bernardino Hope Campus project and was instrumental in developing the grant package that resulted in the successful award of the Feldhym Library grant, approved by the City Council at the December 6, 2023, meeting.

The Scope of Work for the San Bernardino Hope Center includes such efforts as:
• Development of a Request for Qualification (RFQ) document. • Qualification and shortlisting of Design-Build team.
• Development of bridging material and a Request for Proposal to provide the shortlisted Design-Build teams.
• Evaluation of Design-Build team and assisting City staff in coordinating interviews with the applicants and in the selection of the Design-Build team. • Preparation of City Council agenda report for the award of the contract to the selected Design-Build team.
• Preparation of agreement with the Design-Build team and issuance of purchase order to Design-Build team.
• Coordination of regular weekly meetings with Design-Build team. Provide a Packet Page. 994
weekly update to the City’s Homeless Committee, and coordination with City staff as needed.
• Coordinate all plan check reviews with various city departments through approval. Review and provide comments on submittals.

The Scope of Work for the Norman F. Feldhym Library Revitalization Project includes such efforts as:
• Development of RFP for consultant services.
• Coordinate and develop bid documents for the proposed project improvements. Provide regular updates to the City Engineer and the Library Director during design and construction.
• Hold regular meetings with the construction manager and provide direction as needed.
• Prepare the City Council agenda report for the award of the contracts as required.
• Coordinate regular weekly meetings with City team. Provide a weekly update to the City Engineer, and coordinate with City staff as needed. • Coordinate all plan check reviews with various city departments through approval. Review and provide comments on submittals and ensure that designers and contractors stay on schedule.
• Review and discuss designers and contractors schedule and provide comments and approval.
• Review all progress payments and recommend approval by City Engineer. • Discuss proposed materials with designers and contractors and coordinate selection as necessary with City staff.

The complete Scope of Work and Fee Estimate for both tasks are included in Attachments 1 and 2. The estimated Not-to-Exceed Transtech task order cost of the San Bernardino Hope Campus Project will be $296,400 for 1,560 hours of Senior Project Manager time at an hourly rate of $190.00. Funding for this project will be from the HOME-ARP funds which is allocated by U.S. Department of Housing and Urban Development (HUD).

The estimated Not-to-Exceed cost of the Norman F. Feldhym Library Project Transtech task order will be $197,600 for 1,040 hours of Senior Project Manager time at an hourly rate of $190.00. Funding for this project will be from the California State Library Building Forward Library Facilities Improvement Grant Program in the amount of $6,409,307.00, which was accepted through the adoption of Resolution No. 2023-180. City staff are finalizing the contract with the California State Library Grant Program, so until such time that the grant contract is fully executed, Transtech will not receive a Notice to Proceed.

Public Works Engineering staff and Transtech staff have successfully worked Packet Page. 995
together on other large and significant projects within the City over the last 25 years, and Transtech has the depth of team experience to successfully address any and all contingencies that may arise.
2021-2025 Strategic Targets and Goals
The approval of the task orders aligns with the Strategic Target and Goal No.3:

Improved Quality of Life by revitalizing and enhancing the public services, with improvements at Norman F. Feldheym Central Library.

The San Bernardino Hope Campus project also aligns with the Strategic Target and Goal No. 3: Improved Quality of Life for city residents by reducing the burden of unsheltered through engagement, collaboration, and partnerships with other entities.

Fiscal Impact
There is no fiscal impact to the General Fund impact associated with this item. The task orders being issues will be funded through ARPA and the California State Library Facilities Improvement Grant Program.

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

1. Approve two task order (Transtech003 and Transtech004) to Transtech Engineering for program management services for the San Bernardino Hope Campus Project (Navigation Center) and Norman F. Feldhym Library Revitalization projects, as part of the existing Professional Services Agreement for On-Call Engineering Services, and,

2. Authorize the Finance Director to issue a purchase order in the amount of $296,400 for the Hope Campus Project and $197,600 for the Feldhym Library Project.

Attachments
Attachment 1 - Task Order Transtech003 PM Services for San Bernardino Hope Campus
Attachment 2 - Task Order Transtech004 PM Services for Feldheym Library Revitalization Project.

Attachment 3 - Professional Service Agreement with Transtech Engineering.

Ward:

First Ward
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Synopsis of Previous Council Actions:

November 16, 2022 - Mayor and City Council approve On-Call Engineering Service Professional Agreements
February 5, 2023 - Mayor and City Council approve Task Order to Transtech Engineers for augmented Capital Improvement Program Programmatic Services in the amount of $135,850.

June 21, 2023 Mayor and City Council approve Task Order to Transtech Engineers for augmented Capital Improvement Program Programmatic Services in the amount of $488,880.

December 6, 2023 Mayor and City Council accept grant for Norman F. Feldhym Library Revitalization Project.

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About Transtech Video Highlight:

CLICK HERE
www.transtech.org
855.595.2495 (toll-free)
December 20, 2023
City of SAN BERNARDINO
Attn.: Lynn Merrill, Agency Director of Public Works, Operations, and Maintenance 201 North E Street, 2nd floor
San Bernardino, CA 92401
Submitted via email to: [email protected] Via email cc to: [email protected] Task Order No : Transtech003
Project Management Services for San Bernardino Hope Campus Project Dear Mr. Merrill:

Transtech is pleased to submit this Task Order Proposal (Task Order Transtech003) to provide the following services:

Project Management Services for San Bernardino Hope Campus Project Scope of Work:

Transtech will provide the following scope of work:
• Regular attendance of City Homeless shelter committee meetings (in-person or virtual). • Development of a Request for Qualification (RFQ) document. • Qualification and shortlisting of Design-Build team.
• Development of a bridging material and a Request for Proposal to provide the shortlisted Design-Build teams.
• Evaluation of Design-Build team and assisting City staff in coordinating interviews with the applicants and in the selection of the Design-Build team.
• Preparation of City Council agenda report for the award of the contract to the selected Design-Build team.
• Preparation of agreement with the Design-Build team and issuance of purchase order to Design-Build team.
• Coordination of regular weekly meetings with Design-Build team. Provide a weekly update to the City’s Homeless Committee, and coordination with City staff as needed. • Coordinate all plan check reviews with various city departments through approval. Review and provide comments on submittals.
• Review and discuss Design Build team schedule and provide comments and approval. • Review all progress payments and recommend approval by City Engineer. • Discuss proposed materials with Design-Build teams and coordinate selection with City staff. • Prepare City Council and commissions agenda reports as requested or required by the Homeless Shelter Committee.
• Coordinate with City grant department staff and finance department staff to provide updates or reports as required or requested.
• Obtain proposals and prepare agreements for City with consultants, such as Geotechnical, Phase 1 investigation, labor compliance, grant compliance, planning consultant, etc. • Prepare RFP for the selection of construction management and construction inspection consultant. • Coordinate with all utilities and provide plans for review and approval for the needs of the SB Hope Campus.

Packet Page. 998
December 20, 2023
City of SAN BERNARDINO
Attn.: Lynn Merrill, Agency Director of Public Works, Operations, and Maintenance

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Mayor and City CouncilJanuary 17, 2024

Mayor and City Council
January 17, 2024