Agenda packet — Mayor and City Council, May 1, 2024 (part 2 of 5)

Accounting/financial administration may not be in
scope of current staff but would be recommended.
8 Rise of Fallen Angel
Rise and Fallen Angel Inc. focuses on improving the living conditions of children and youth living in poverty via emergency shelter, transitional housing, sober living housing amd family services including individuals with recent incarceration. Grant letter provided proposes plan to create 75- bed facility including sab-facilities such as beds, showers and meals plus basic necessities. Additionally skill classes, employment development programs, counseling, and hygiene classes to address the underlying issues contributing to homelessness.

Not provided $0 NO
High Risk, New applicant, incomplete/missing
application. Does line up with ConPlan Goal -Provide
Homeless and Homeless prevention services. Due to
several missing pieces of documentation/info such as
project proposal, description of staff roles, financial Audit if any, Chosen developers for proposed shelter
site etc. Further determination for eligibility cannot be processed.
9 San Bernardino Police Department
The San Bernardino Police Department will use these funds to hire a Management Analyst to bridge the communication between the SB Police Quality of Life (QOL) team and the Homeless Outreach Team to provide resources and track outreach efforts. The Management Analyst will also be responsible for all grant tracking and provide reports quarterly to the City's Housing Department. Funds will be used for the salary for the Management Analyst, a vehicle for the QOL team to use in lieu of a police vehicle to transport homeless to shelters, and purchase supportive service supplies such as shelfter vouchers, food vouchers, and travel vouchers. $ - $ 220,000.00 $355,000 Y
Low to Med risk. The SB PD is establishing a QOL team
internally to help provide and support efforts towards
the homeless population within the city. Grant funds
would be only used for the MA managing the program
and for supplies directly used for homeless services.

They have experience working with this population.

MA will need to make sure tracking is done correctly.

Will need to receive training from the Housing
Department.
10 Robotics, Education and Drones
Academy (RED)
organization dedicated to narrowing the achievement gap and digital divide among low- and moderate-income at-risk youth and students with disabilities aged 5-18. Operating within the STEAM framework (Science, Technology, Engineering, Arts, and Math), the academy provides educational and employment development services via in-person camps. This camp format focuses on developing participants' skills in various subjects including science, technology, engineering, art, mathematics, culinary arts, jobs (workforce development/entrepreneurship), and sports. The Camp Program aims to impart soft and hard job skills, instill goal setting and life skills, and foster an esprit de corps culture. Ultimately, RED Academy inspires students to explore the world, learn collaboratively, and acquire the skills necessary for academic achievement and economic security. Proposed budget: $531,606, $671,120 direct client services, $176,648 operating expenses. $1,379,374 $0
financial
statements
inadequate
MED to high. Very thorogh in detailing exactly
how funds will be used and project delivery. No
previous CDBG or grant experience. relatively low
leveraged funds for asking amount. Would like to
know qualifications of staff associated with the
program since math and arts will be subjects
taught. Reduce # of camps to assess financial
fitness limiting them to only STEAM and Jobs so
as to quantify outcomes
Economic Development
11 Citrus Counseling Services
CCS is a nonprofit mental health agency providing counseling and mental health services throughout the Inland Empire of Southern CA since 1978. A recent development in the agency's history is the merger/acquisition of Family Service Agency of San Bernardino (FSASB) that was in jeopardy of closing its doors permanently. The former FSASB facility in the City of San Bernardino needs serious repairs and upgrades after years of neglected maintenance. CCS believes people in low-income areas deserve to receive services in clean, inviting, functional, and well-maintained facilities. Many of the repairs are required in order to comply with state and local licensing requirements. The project seeks to repair/replace/improve the facility (i.e. Roof, Flooring, Plumbing, Painting, Parking Lot, Fencing, and Security), and other health and safety issues such as ADA access. With improved infrastructure, plans to service 300 unduplicated San Bernardino residents per year $100,000 $0
Med to High. There is a lot of documentation that
goes into doing a construction project with CDBG,
specifically section 3 is the most cumbersome. Would
need to ensure consultant/project manager can
comply. Previous grant funding, not CDBG.

Construction timeline seems unrealistic and starts
before funds are awarded. Most of the leveraged
funds have not been acquired. Could potentially fund
entity as a public service activity in the future for
mental health services if construction is successful
50 2200
Jobs
area
benefit/limited
clientele
100
60 75
Packet Page. 417
Agency/Organization Project Description FY 2023 Allocation FY 2024-2025 Request
FY 2024-2025
Recommendation
Application
Completion Risk
AAP Recommendations Matrix
Funding Applications Received (2024-25) - Estimated Goals and Risks Benificiaries
12 WeeCare Inc. dba Upwards
Upwards BOOST program provides technical and business support to microenterprise childcare providers who run home daycares. The program serves to expand ecomonic opportunities for daycare providers and provide support to LMI families with support with daycare services. These request funds would go towards 14 LMI daycare owners, creating four jobs, increasing each childcare providers; skillset and can benefit up to 109 LMI persons. Has had success in other locations with similar programs. Within these daycares are teaching assistants that assist with the development of children in these daycare facilities.
$ - $ 104,000.00 $0 Y
Low risk. Has had similar programs in other locations
using CDBG funds. They have the capability to track,
monitor,and manage grant funds. An assessment of
LMI daycares in San Bernardino would need to be
reviewed to see if this program would have a
significant impact on the community. If objective is
jobs created instead of LMI, would like to see methods
of ongoing verification--would need to be monitored
for years after program completion to ensure jobs
created benefit low/mod individuals.

OORP - HOME Units
13 Habitat for Humanity San Bernardino
Area
Habitat for Humanity San Bernardino Area is dedicated to eliminating substandard housing locally and worldwide through construction. Funds being requested will restart their "A Brush with Kindness" program (ABWK) rehabilitating and preserving homes for low-income residents.

Providing outdoor maintenance, landscape and minor repairs for homeowners such a senior or veteran homeowners. ABWK projects ranged from roof repair to painting, eaves, siding and window replacements, addition of ADA-complaint ramps and other repairs tha fit within our budget. Proposal to complete at 10 rehabilitation projects (Approximately $15,000 Each) within the project year is based on the capacity of our affiliate to analyze each project needs and coordinating subcontractors and volunteers. $230,000 $0 10 YES
Med. New applicant, established household name
nationwide. Would pose a high risk if City staff need to administer program. Financial Audit provided is
outdated (FY 2020-2021), Need most recent audit.

Applicant mentions recent HUD award however
project is halted (need further explanation/ update.)
14 Neighborhood Partnership Housing
Services (NPHS),
Neighborhood Partnership Housing Services, Inc. (NPHS) is a nonprofit community development organization dedicated to building equitable communities, currently serving low-to-moderate income (LMI) families and individuals, local governments, private sector businesses, and other nonprofit organizations. NPHS anticipates assisting 10 eligible homeowners with home repairs. Each homeowner will receive up to $40,000 in eligible home repairs totaling $400,000. NPHS is requesting a 15% Administrative Fee per project ($6,000) totaling $60,000. $ 450,000 $460,000 $920,000 YES
Low, NPHS is a very experienced applicant including
various projects in good standing with SB City. CHDO
status. Applicant has provided sufficient and recent
documentation to support application. NPHS
currently adheres to various types of fuding including
federal. Applicant has provided thourough timeline
expectations. Recommendation based on experience
and low risk, proposal to increase applicant quantity.

In prior interactions, applicant's staff has provided
push back on receipts/comp analysis as they use
limited contractors for Home Improvements. A
stronger pool of contractors would be best for
competitive pricing (There has been overlap/lacking
range of expertise increasing pricing on labor etc.)
Public Facilities/ Constructiion
15 City of San Bernardino Public Works
Department
This Public Works project consists of street rehabilitation on minor streets in low income communities and areas with high motorist traffic.

Streets will be made safe and hazard free. $ 1,080,158 $578,771 $659,388 Med risk. Although this is a City executed project,
there have been multiple projects that have halted or
stalled due to high staff turnover in PW, which has
caused the City to not meet HUD required timely
expenditure deadlines for 2 consecutive years--and
possibly a 3rd. To remedy this, the Housing division
has implemented an MOU and trainings outlining what
will be required for PW CDBG funded projects. If
guidelines are followed, this will be low risk. project timeline is inconsistent. No maps attached to app or
proposed street called out.
16 El Sol Neighborhood Educational Center
El Sol Recreational and Wellness Center. Established to address the pressing needs of marginalized and undeserved populations, this park will serve as a hub for health, education, and cultural enrichment. At the core of our mission, we aim to bridge the gaps in healthcare and wellness education for the Latinx, Black, Asian, LGBTQIA, and immigrant communities.

Our comprehensive offerings include free mental health programming, diabetes prevention, bilingual counseling, family and senior activities, Zumba, youth sports, and much more.

This park is a commitment to over 5,000 adults and children annually, empowering them to shape healthier, more vibrant lifestyles and communities.
$1,300,000 $1,000,000 area benefit
No financial
statements
submitted
Med risk. Entity demonstrates sound experience with
a mix of similar projects. The project is already
underway as far as design and initial permitting, our
funds would be to supplement actual construction
costs. No previous CDBG funds, so must train on
reporting requirements. cannot access financial
stability from application
17 Housing Authority of the County of San
Bernardino
HACSB is seeking $2.2 million in Community Development Block Grant (CDBG) funding that will be used to support the construction of ninety-two units of much needed affordable housing by funding frontage improvements along East Adler Street between East Orange Street and East Olive Street. Improvements will include the construction of wet and dry utilities, including those needed to support the installation of sixteen electric vehicle charging stations (EVCS), 32 EVCS ready parking spaces, photovoltaic panels, new pavement, sidewalks, ADA compliant curb cuts, landscaping, and other related improvements that will enhance the level of sustainability and walkability within the Arrowhead Grove development area while addressing the lack of accessible EV charging infrastructure for multifamily housing, which is a welldocumented deficiency in affordable housing projects that will only continue to exacerbate as electric vehicles become more common and accessible for low-income families.

An allocation of CDBG funding will also help in mitigating the overall cost of financing and construction associated with Phase IV that have continued to escalate due to substantial increases in both construction and financing costs per market conditions.
$2,200,000 $0 LMI/AREA BENEFIT
No financial
statements
submitted
Low. Previous CDBG grant recipient with the City.

Additional Construction to supplement arrowhead
grove project already underway. Possibly not fund EV
charging stations If they are for the benefit of
residents in low-income housing, as they most likely
don't have Electric Vehicles. Would like to see data
that supports the need for charging stations for lowincome families. 10 area benefit
4 Packet Page. 418
Agency/Organization Project Description FY 2023 Allocation FY 2024-2025 Request
FY 2024-2025
Recommendation
Application
Completion Risk
AAP Recommendations Matrix
Funding Applications Received (2024-25) - Estimated Goals and Risks Benificiaries
ESG
18 Salvation Army
The Salvation Army is requesting ESG funds to continue their efforts addressing housing, homelessness, and long term-stability for experiencing harship. These funds would be used for emergency shelter and HMIS data for reporting their results. The total amount served would be 150 people.
$ 123,829.00 $ 160,000.00 $333,540 Y
LOW risk. They are a past client with a good
relationship. They provide resources to an estimated
150 individuals and have proper systems in place for
HMIS reporting.
19 Foothill Family Shelter
The Foothill Family Shelter aims to provide assistance to homeless prevention, emergency shelter services, outreach, supportive services, and placement in permament supportive housing. Their helpdesk servies benefit approximately 1,000 individuals annually through providing referrals, resources, food, blanket, clothing, and toiletries. Their 120 day shelter provides services to approximately 30-40 individuals per year.

They aim to service 64-80 individuals per year with the ten fully furnished two bedrooms apartments free of charge to the participants. Each apartment can accomodate a family between 2-5 individuals. $ - $ 35,000.00 $0 N
Med/High Risk. From their proposal they seem to only
help people in certain regions that do not include San
Bernardino. They housing resources are limited and
the criteria is strict which may prevent individuals from receiving services. Specific services would need to be
provided to our homeless population. Their
immediate resources are regional while their referrals
are local.
20 Sendas Church Inc.

The Sendas Church aims to provide services by expanding breakfast services to homeless individuals in the area, promote cleaniness by distributing trash bags to homeless individuals to clean up in the community,and create a shelter with small units to provide housing and rehabilitation services for transition out of homelessness. $ - $ 135,840.00 $0 N
High Risk. Their organization's proposal is incomplete
and does not provide enough information regarding
the budget, program implementation, and fund
matching. No methods listed of protecting data, and
for tracking specific resources given to San Bernardino homeless individuals.
350 - 3000
120
150
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FY 2024-25 Annual Action Plan
Presented by:

Gabriel Elliott
Director of Community Development and Housing
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Purpose
Outlines how CDBG, HOME, and ESG funds will be
allocated each fiscal year.

Process
• May 1, 2024
• Public Hearing to obtain community
feedback on proposed Annual Action Plan.
• May 15, 2024
• Public Hearing to obtain Council approval on
final Annual Action Plan that will be
submitted to HUD.

Annual Action Plan
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CDBG
Eligible Uses
• Planning & Administration
• Public Services & Facilities
• Housing Rehabilitation & Economic Development
• All activities must:
• Benefit low/moderate income persons
• Prevent or eliminate slums or blight
• Meet an urgent need
Deadlines
• Timeliness Deadline: Annually every April 30
• City cannot hold over 1.5x its annual allocation
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CDBG
Allocations
• Administration
• Covers staff time and operational expenses
• Maximum allowed is 20% of grant allocation
• Section 108
• Repayment of loan
• Funding is required
• Inland Fair Housing Mediation Board
• Landlord & tenant programs
• Funding is required
Administration $580,000
Section 108 Repayment $745,612
Subtotal $1,325,612
Fair Housing (IFHMB) $80,000
San Bernardino Police Dept. $355,000
Public Services Subtotal $435,000
El Sol $1,000,000
Public Improvement Projects $659,388
Public Facilities Subtotal $1,659,388
Total Funds Allocated $3,420,000

AVAILABLE FUNDS
FY 2024 / 25 Grant Allocation $2,900,000
Reprogrammed from FY 2023 / 24 $520,000
Total Available Funds $3,420,000

PROPOSED FUNDING ALLOCATION
NOTE: Available funds do not include carryovers
Packet Page. 423
CDBG
Allocations
• San Bernardino Police Department
• Will be used for the Quality-of-Life team to hire a
Management Analyst for better coordination &
communication with the Homeless Outreach Team
• El Sol
• Will be used to fund a recreation & wellness center.
• Public Improvement Projects
• Will be used for a wide range of projects, including
street & sidewalk improvements, public facility
upgrades, parks, etc.

Administration $580,000
Section 108 Repayment $745,612
Subtotal $1,325,612
Fair Housing (IFHMB) $80,000
San Bernardino Police Dept. $355,000
Public Services Subtotal $435,000
El Sol $1,000,000
Public Improvement Projects $659,388
Public Facilities Subtotal $1,659,388
Total Funds Allocated $3,420,000

AVAILABLE FUNDS
FY 2024 / 25 Grant Allocation $2,900,000
Reprogrammed from FY 2023 / 24 $520,000
Total Available Funds $3,420,000

PROPOSED FUNDING ALLOCATION
NOTE: Available funds do not include carryovers
Packet Page. 424
HOME
Eligible Uses
• Infill Housing Projects
• Multifamily Housing Projects
• Home Rehabilitation Projects
• First-Time Homebuyer Assistance
Deadlines
• Currently suspended by HUD
Packet Page. 425
HOME
Allocations
• Administration
• Covers staff time and operational expenses
• Maximum allowed is 10% of grant allocation
• Affordable Housing Projects
• Funds affordable housing initiatives
• Primarily targeted for low-income households
• NPHS Owner Occupied Rehabilitation Program
• Focuses on assisting low-income homeowners in
repairing and rehabilitating their homes
Administration $146,094
Subtotal $146,094
Affordable Housing Projects $394,842
NPHS Owner Occupied Program $920,000
Housing Projects Subtotal $1,314,842
Total Funds Allocated $1,460,936

AVAILABLE FUNDS
FY 2024 / 25 Grant Allocation $1,460,936
Reprogrammed from FY 2023 / 24 $0
Total Available Funds $1,460,936

PROPOSED FUNDING ALLOCATION
NOTE: Available funds do not include carryovers
Packet Page. 426
ESG
Eligible Uses
• Engagement of individuals living on the streets
• Improvement of homeless shelters
• Operation of homeless shelters
• Rapid re-housing
• Homelessness prevention
Deadlines
• Obligation Deadline: N/A
• Expenditure Deadline: 2 Years After Grant Agreement
Packet Page. 427
ESG
Allocations
• Administration
• Covers staff time and operational expenses
• Maximum allowed is 7.5% of grant allocation
• Salvation Army
• Provides funding for emergency shelters and
operational costs of the Homeless Management
Information System (HMIS)
Administration $,20,517
Subtotal $20,517
Salvation Army Emergency Shelter $298,540
Salvation Army HMIS $35,000
Homelessness Assistance Subtotal $333,540
Total Funds Allocated $354,057

AVAILABLE FUNDS
FY 2024 / 25 Grant Allocation $273,557
Reprogrammed from FY 2023 / 24 $80,500
Total Available Funds $354,057

PROPOSED FUNDING ALLOCATION
NOTE: Available funds do not include carryovers
Packet Page. 428
Staff Recommendation

1. Conduct a Public Hearing to obtain citizens’ comments on the proposed Fiscal Year 2023-24 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs; and

2. Consider any necessary changes to the proposed Fiscal Year 2024-25 Annual Action Plan and direct staff to return on May 15, 2024, with the final Annual Action Plan for consideration prior to submittal to the United States Department of Housing and Urban Development.

3. Authorize the City Manager or designee to take any further actions and execute any further documents as necessary to effectuate the submittal of the HUD Fiscal Year 2023-2024 Annual Action Plan and certification to HUD.

Conclusion
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Questions?
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: May 1, 2024
To: Honorable Mayor and City Council Members
From: Damon L. Alexander, Council Member, 7th Ward
Department: Council Office
Subject: Planning Commission Appointment of George J.

Karaiscos (Ward 7)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of George J. Karaiscos to the Planning Commission representing Ward 7 with the term ending December 2024. George J.

Karaiscos will replace Ronnie E. Lewis, III. Council Staff has verified that appointee is a registered voter within the city.

Executive Summary
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of George J. Karaiscos to the Planning Commission representing Ward 7 with the term ending December 2024.

Background
The Planning Commission was established under Municipal Code Chapter 2.22, Ordinance No. MC-1473, and is tasked with advising the Mayor, City Council and city staff on the physical development of the city, including zoning, building, land use and related matters.

Discussion
The Planning Commission is composed of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council Member shall nominate one (1) member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two (2) members who shall serve during and for the term of the Mayor. 2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Packet Page. 431
Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to the city.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of George J. Karaiscos to the Planning Commission representing Ward 7 with the term ending December 2024. George J.

Karaiscos will replace Ronnie E. Lewis, III. Council Staff has verified that appointee is a registered voter within the city.

Attachments
Attachment 1 – Committee Application George J. Karaiscos (REDACTED)
Attachment 2 – Ordinance No. MC-1473
Ward:

Seventh Ward; All Wards
Synopsis of Previous Council Actions:

March 7, 2018 Ordinance No. MC-1473 amending Chapter 2.22 of the San Bernardino Municipal Code related to the Planning Commission was established.

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It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Lata M. Wilson to the Parks, Recreation and Community Services Commission representing Ward 7 with the term ending December 2024. Lata M. Wilson will replace Fay Aldridge. Council Staff has verified that appointee is a registered voter within the city.

Executive Summary
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Lata M. Wilson to the Parks, Recreation and Community Services Commission representing Ward 7 with the term ending December 2024.

Background
The Parks, Recreation and Community Services Commission was established by Resolution 2018-47 on February 21, 2018, and is charged with advising the Mayor, City Council and City Staff on matters pertaining to parks, recreation, youth and senior affairs in the city. Appointees to the Parks, Recreation and Community Services Commission must have relative experience or knowledge I the area of parks, recreation services, youth and senior services or other areas which relate to the mission and purpose of the Parks, Recreation and Community Services Commission.

Discussion
The Parks, Recreation and Community Services is composed of nine (9) members who serve at the pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council Member shall nominate one (1) member who shall serve during and for the term of the nominating Council Member, and the Mayor shall Packet Page. 440
nominate two (2) members who shall serve during and for the term of the Mayor. 2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
No fiscal impact to the city.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Lata M. Wilson to the Parks, Recreation and Community Services Commission representing Ward 7 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the city.

Attachments
Attachment 1 – Committee Application Lata M. Wilson (REDACTED) Attachment 2 – Resolution No. 2018-47
Ward:

Seventh Ward; All Wards
Synopsis of Previous Council Actions:

February 21, 2018 Resolution No. 2018-47 establishing the Parks, Recreation and Community Services Commission was adopted.

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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: May 1, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya , City Manager
Department: City Manager's Office
Subject: Youth Civic Engagement Council Certificates of Recognition (All Wards)
Packet Page. 448
City of San Bernardino

FROM THE

MAYOR AND CITY COUNCIL HONORING

ALEJANDRO URIBE
MAY 2024

YOUTH CIVIC ENGAGEMENT COUNCIL

COMPLETION CERTIFICATE
Enthusiastic
Neighborly
Generous
Altruistic
Genuine
Empowered
Dedicated
In recognition of your dedicated service to the affairs of the community and for being a civically engaged member of the City of San Bernardino Presented this 1
st day of MAY 2024
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City of San Bernardino

FROM THE

MAYOR AND CITY COUNCIL HONORING

ALLANHI CHAPMAN
MAY 2024

YOUTH CIVIC ENGAGEMENT COUNCIL

FROM THE

MAYOR AND CITY COUNCIL HONORING

ALEXANDRA GILBRETH
MAY 2024

YOUTH CIVIC ENGAGEMENT COUNCIL

FROM THE

MAYOR AND CITY COUNCIL HONORING

SILVANA VAZQUEZ
MAY 2024

YOUTH CIVIC ENGAGEMENT COUNCIL

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: May 1, 2024
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Water Safety & Drowning Prevention Month in the City of San Bernardino – May 2024 (All
Wards)

Packet Page. 453

A PROCLAMATION OF

THE MAYOR AND CITY COUNCIL
PROCLAIMING MAY 2024 AS

WATER SAFETY & DROWNING PREVENTION MONTH

IN THE CITY OF SAN BERNARDINO
WHEREAS, May as Water Safety and Drowning Prevention Month was established through a collaborative effort across the country to promote water safety and drowning prevention:
and,
WHEREAS, each year, drowning incidents result in hundreds of emergency room visits, including hospital stays and potential life-altering and permanent disabilities of City of San Bernardino Residents and Visitors; and,
WHEREAS, the California Department of Public Health reports 3,693 injury deaths due to drowning from 2016 to 2022 among Californians, and 2,931 hospitalizations and 9,734 emergency room visits for non-fatal drowning; and,
WHEREAS, City of San Bernardino acknowledges the importance of increased water safety and education by the implementation of the California Water Safety Strategy, which highlights knowledge gaps, major priorities, and action areas where focus is required to reduce the burden of drowning across the state; and,
WHEREAS, the City of San Bernardino and the community at large acknowledge that drowning is a complex issue and that progress in reducing the burden and occurrence of fatal and non-fatal drowning requires collaboration between different sectors and stakeholders with diverse perspectives and approaches.

NOW, THEREFORE, BE IT RESOLVED that, the Mayor & City Council of the City of San Bernardino, do hereby designate May 2024 as Water Safety and Drowning Prevention Month.

The City of San Bernardino Parks, Recreation and Community Services Department; Aquatics Division is commended for their efforts to prevent drowning of City of San Bernardino residents and visitors. Additionally, reminding everyone to be safer in and around the water this summer and all year long.

Presented on the 1st Day of May 2024
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: May 1, 2024
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Asian American Native Hawaiian Pacific Islander Heritage (AANHPI) Month in the City
of San Bernardino – May 2024 (All Wards)

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A PROCLAMATION OF

THE MAYOR AND CITY COUNCIL
PROCLAIMING MAY 2024 AS

ASIAN AMERICAN NATIVE HAWAIIAN

PACIFIC ISLANDER (AANHPI) MONTH

IN THE CITY OF SAN BERNARDINO
WHEREAS, Asian American Native Hawaiian Pacific Islander Heritage Month (AANHPI) is observed annually in May; and,
WHEREAS, our City wishes to pay tribute to the generations of Asian Americans, Native Hawaiians, and Pacific Islanders in our community; this month provides us an opportunity to reflect on the vibrant culture and innumerable contributions AANHPI residents make to our community; and,
WHEREAS, the national theme for AANHPI Heritage Month 2024 is “Advancing Leaders Through Innovation”, we encourage greater participation, inclusion, and leadership training for our AANHPI residents, acknowledging they will be instrumental to the future success of our City; and,
WHEREAS, in 2022, the City of San Bernardino residents elected the first Vietnamese American female mayor in the history of the United States; and, WHEREAS, the history of Asian Americans, Native Hawaiian, and Pacific Islanders is filled with stories of resilience, persistence, and determination, we value AANHPI citizens as an integral part of the fabric of our community; and, WHEREAS, Belvedere Elementary School's Trilingual Language Immersion program provides all students with an opportunity to become bilingual and biliterate in English and Spanish while also introducing Vietnamese as a third language; and, WHEREAS, as we celebrate AANHPI Heritage Month, we must also redouble our commitment to combating the surge of anti-Asian hate crimes. San Bernardino must be a safe place for all AAPI citizens, and a city where they have an opportunity to thrive.

NOW, THEREFORE, BE IT RESOLVED that, the Mayor & City Council of the City of San Bernardino, do hereby designate May 2024, as Asian American Native Hawaiian Pacific Islander Heritage (AANHPI) Month. We further encourage our residents to explore AANHPI history, culture, and accomplishments and to support local events commemorating this rich heritage.

Presented on the 1st Day of May 2024
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 1, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Gabriel Elliott, Director of Community Development and
Housing
Department: Community Development & Housing
Subject: Approval of the Second Amendment to the
Professional Services Agreement with Hope the
Mission for Homeless Outreach Services
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino approve the Second Amendment to the Professional Service Agreement with Hope the Mission to extend the term of the agreement by one (1) year to oversee the City’s Homeless Outreach Project.

Executive Summary
This amendment will allow Hope the Mission one (1) additional year to continue Homeless Outreach efforts within the City. The budget approved in the original Professional Services Agreement was for two (2) years, so no budget amendment or adjustment will be needed.

Background
The City is plagued by homelessness and according to the 2022 Point in Time Count (PITC), 40% of the County’s homeless population reside within City limits. On December 7, 2022, the Mayor and City Council unanimously agreed to allocate $24.5 million in American Rescue Plan Act (ARPA) funds towards homeless initiatives of which, $1.5 Million was directed towards homeless outreach. In February 2023, Staff released a Request for Proposal (RFP) in search of a qualified homeless outreach lead operator. In order to expand the reach of qualified candidates, the City used Planet Bids, which is a web-based vendor portal that ensures a streamlined procurement and electronic bidding process. Planet Bids also provides a secure and transparent format.

To ensure that local agencies and non-profits were made aware of the City’s RFP Packet Page. 457
release, notifications were sent out to the County’s Interagency Council on Homelessness (ICH) and the Central Valley Homeless Provider Network, which issued a County-wide mass email alert. There was a total of five (5) agencies/candidates who responded to the Homeless Outreach RFP and submissions were evaluated in midMarch.

Two (2) agencies advanced to the final selection process (one local and one non-local) and on April 11, 2023, a tentative award letter was issued to the successful applicant, Hope the Mission, formally known as Hope of the Valley.

All candidates were required to demonstrate their ability to secure and maintain qualified staffing levels, highlight their experience working with unhoused individuals, particularly those who have underlying physical and/or mental health conditions, demonstrate their knowledge of trauma-informed care and “Housing First” practices and be able to quickly connect to the County’s Homeless Management Information System (HMIS). The City of San Bernardino, per the approve from the Mayor and City Council, entered into a Professional Services Agreement (PSA) with Hope the Mission for Homeless Outreach Services. The agreement was approved for one (1) year with an option to extend one (1) year with Council’s approval to continue services within the City.

Discussion
Experience
Hope the Mission (HTM) is a 501(c)(3) non-profit organization that was established in 2009. The organization started as a grassroots agency providing “boots to the ground” homeless outreach and service connections to unhoused residents. It also has nearly fourteen (14) years of experience providing supportive services to unhoused families and members of the Transitionally Aged Youth (TAY) community throughout multiple counties. HTM currently oversees a diverse portfolio of homeless housing projects that include six (6) tiny home villages, three (3) adult congregate shelters, one (1) men's recovery program, one (1) residential re-entry program, two (2) family residential shelters, one (1) navigation center and a residential shelter for transitional-aged youth as well as various outreach programs throughout multiple counties.

Competence
HTM has the appropriate operational, procedural, and staffing infrastructure to ensure comprehensive and effective service provision, contract compliance, data management, outcome reporting, and fiscal management efficiently. HTM intends to prioritize a local workforce with lived experience who have first-hand insight into the development and provision of homeless related services. HTM has start-up operating reserves, which will allow the organization to set up shop, gather resources and initiate the hiring and training of workers to provide street level support in a quick and efficient manner. HTM will establish a dedicated homeless outreach phone line for the public and calls will be returned within 24 hours.

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Homeless Outreach Team
The outreach team will consist of eight (8) full-time employees (FTE): one (1) FTE Program Manager, two (2) FTE Peer Specialists, two (2) FTE Case Managers, two (2) FTE SUD counselors, and one (1) FTE Data Coordinator. Workers will be able to support substance use disorder services, mental health services, and engage with clients on a peer level. Outreach workers will be equipped with vehicles, phones, tablets, and client-related supplies that include food, water, hygiene kits, blankets, tents, emergency kits, and client clothing to provide the best engagement services.

HTM plans to deploy its homeless outreach team 7 days a week to support the local community. HTM’s contract went into effect June 1, 2023, with Council’s approval with two (2), one (1) year options to extend the Agreement.
2021-2025 Strategic Targets and Goals
Approval of the Professional Service Agreement with Hope the Mission aligns with Strategic Target and Goals No. 3, Improved Quality of Life because homeless outreach will help to improve the lives of unhoused residents and alleviate the negative impact homelessness has on the community. This action will also provide the following:
• Reduces the burden of homelessness through engagement, collaboration, and community partnerships.
• Minimizes the risk of litigation from homeless advocates. • Connecting unhoused individuals with housing options and resources will significantly help to improve the overall attractiveness, appearance, and cleanliness of public spaces such as parks, downtown areas, and business districts.

Fiscal Impact
There is no General Fund fiscal impact associated with this report. On December 7, 2022, Council approved $1.5 million in ARPA funds to create a city-wide homeless outreach team. The original agreement was approved with a two-year budget. This amendment is to extend the term from one year to two years to complete their Outreach Services. As of November 2022, Hope the Mission as expended $176,830 of their agreement.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the Second Amendment to the Professional Service Agreement with Hope the Mission to extend the term of the agreement by one (1) year to oversee the City’s Homeless Outreach Project.

Attachments
Attachment 1 Hope the Mission Homeless Street Outreach PSA Attachment 2 First Amendment to the Homeless Street Outreach PSA
Attachment 3 Second Amendment to the Homeless Street Outreach PSA
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Ward:

All Wards
Synopsis of Previous Council Actions:

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

December 7, 2022 Mayor and City Council approved the use of ARPA funds in the amount of $1.5million to create a city-wide Homeless Outreach Team.

February 1, 2023 Mayor and City Council approved a Homelessness State of Emergency Declaration.

May 17, 2023 Mayor and City Council approved the Professional Services Agreement with Hope the Mission for Outreach Services.

June 26, 2023 Mayor and City Council approved Amendment #1 to the Professional Services Agreement with Hope the Mission.

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PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND HOPE THE MISSION
This Agreement is made and entered into as of June 1, 2023, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Hope the Mission, a California nonprofit corporation with its principal place of business at 16641 Roscoe Place, North Hills, CA 91343 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

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

Homeless Street Outreach (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” and incorporated herein by this reference.

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

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B” and incorporated herein by this reference.

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b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $1,500,021.48. 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. Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.

6. Term. This Agreement shall commence on the Effective Date and continue through May 31, 2024, with a two (2), one (1) year options to extend the agreement.

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

8. Time of Performance. Consultant shall perform its services in a prompt and 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.

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

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

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B” and incorporated herein by this reference.

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A Packet Page. 463
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all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

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

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

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

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

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A Packet Page. 464
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Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

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

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

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A Packet Page. 467
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renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A: VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A Packet Page. 468
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and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or 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 DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A Packet Page. 469
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section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

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

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A Packet Page. 470
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but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

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

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

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

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

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

27. Organization. Consultant shall assign Ken Craft 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.

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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
Attention.: Cassandra Searcy
Deputy Director Housing & Homelessness
290 North D Street
San Bernardino, CA 92401
With Copy To:

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

Hope the Mission
Attention: Ken Craft
Chief Executive Officer
16641 Roscoe Place
North Hills, CA 91343

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

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

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

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

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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 the right to employ other consultants, including engineers, in connection with this Project or other projects.

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

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

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A Packet Page. 473
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Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

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

44. Federal Provisions.

Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:

44.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);

44.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;

44.3 Treasury Compliance and Reporting Guidance for the Act;

44.4 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;

44.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and

44.6 Federal contract provisions attached hereto as Exhibit “C” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

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

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
Interim City Manager
Date:

ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
Thomas Rice

HOPE THE MISSION

Signature
Ken Craft
Name
Chief Executive Officer
Title
Date:

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EXHIBIT A

SCOPE OF SERVICES
Background
The City of San Bernardino is developing a 200-bed, low barrier, non-congregate navigation center that will provide interim housing and onsite supportive services. The goal is to have unhoused individuals diverted from the streets to the navigation center.

A referral hotline and screening process will be in place, making it necessary for the Homeless Street Outreach team to work collectively with the lead operator of the navigation center to ensure a consistent screening process. Screening for the navigation center will be necessary to ensure Penal Code 290 (sex offenders) are not granted access as women and children will be onsite. Case managers will be able to refer Penal Code 290’s to appropriate facilities. Also, walk-ins will not be accepted.

Until the navigation center is completed, homeless residents will need assistance with alternative safe housing (I.e., motels & housing resources from local homeless service providers). The City is actively pursuing grants to assist with motel stays, but it is important that the selected lead operator have the ability to engage with local nonprofits and the County’s Continuum of Care (CoC) to utilize and/or expand resource opportunities related to temporary housing options.

Federal Requirements: If the Services are funded through a federal or State funding source, the successful Proposer and its subcontractors shall be required to take cognizance of and comply with all requirements set forth in the Federal Requirements, attached hereto as Exhibit “C,” and incorporated herein by this reference.

The following sections (1-5) describe in detail the services being requested by the lead operator.

1. Outreach and Engagement (O/E) – Street-based outreach and engagement is essential to building relationships based on trust and respect between the clients and Agencies and is a key step toward accepting services that will eventually lead to housing stability. O/E will serve unsheltered homeless within the City. O/E is conducted primarily in the field, in areas where unsheltered homeless are known to live and spend time, including and not limited to encampments, streets, under bridges, overpasses, parks, centers, and in isolated areas.
• Implement best practices designed to engage unsheltered homeless, e.g., outreach techniques, motivational interviewing, multi-disciplinary team approach, law enforcement partnerships.
• Build rapport with unsheltered homeless individuals to provide pathways to housing and linkages to other homeless systems and/or mainstream services. • Identify and conduct regular and ongoing outreach to areas where unsheltered homeless people live, such as encampments, streets, under bridges and overpasses, and in isolated areas.

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• Work with and refer individuals and families to services that include Behavioral Health, Physical Health, and other key services.
• Collaborate with other key stakeholders in creating and implementing plans to provide additional services and coordination of services to people living in encampment areas and vehicles.
• Coordinate with other Agencies or City Departments (i.e., Public Works) on an ongoing basis when an encampment clean-up is scheduled. • Maintaining by-name lists for specific areas, individuals, or encampments to assist with coordination of services.
• Provide supplies or other items to assist clients with meeting their basic needs and to build rapport (food, gift cards, socks, glasses, etc.). • Identify immediate needs that require short-term interventions, such as direct assistance for basic needs or emergency calls for urgent medical needs. • Provide transportation assistance to support clients with connecting to services in a safe provider vehicle for staff and clients, properly labeled street outreach. • Document outreach and engagement activities in the appropriate data system.

2. Rapid Response – Rapid Response provides a mechanism for community members to contact homeless outreach staff to strive to make contact and provide support to unsheltered homeless individuals. The goal is to be available to address (not necessarily resolve) issues in a timely manner. The community (merchants, Chamber of Commerce, the public) will have a point of contact number for the Rapid Response Team who will deploy to locations where there are concerns related to homelessness.

Inquiries for rapid response to unsheltered homeless may come from agencies, medical providers, law enforcement, or the community at large. Response to the location must occur within 24 hours, Monday through Friday. It is NOT the expectation that this phone will be answered 24 hours a day, 7 days a week nor 365 days a year. Community members will be able to leave a message at this number, with the expectation that phone messages will be monitored Monday – Friday and all inquiries will be responded to in person within 24 hours, and the inquiring party is informed of the status within 72 hours.
• Establish a process (including a dedicated phone number) for receiving (via phone and email), responding to, documenting, and tracking rapid response requests.
• Communicate process for making rapid response inquiries to Agencies, medical providers, law enforcement, stakeholders, and other community members. • Deploy outreach staff to locations of inquiries and make reasonable efforts to make contact and engage with unsheltered homeless households. • Conduct outreach within 24 hours of the request. 24 hours is the maximum response time during Monday to Friday standard business hours. • If contact is made and the client is willing, provide outreach and engagement activities, including all the outreach and engagement services listed above, with an emphasis on attempting to connect the individual to immediate assistance, such as an emergency shelter or other residential settings (detox, residential treatment program, etc.).

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• Maintain documentation of all inquiries and responses and status • Document services in a timely manner.

3. Intensive Case Management – Case Management provides intensive services to a set caseload of individuals, including working with each client to develop and implement a housing plan. Additionally, the Case Manager links and connects clients to other services to meet their needs (physical/mental health, vouchers). The clients are only placed on a caseload once they have been assessed by the Coordinated Entry System.

A caseload size for a full-time outreach worker would typically be 15-20 unsheltered individuals at any given time. Certification of homeless status can be done by OUTREACH TEAM, Police Department Community district officers, Code officers, or City Homeless Services Coordinator. Outreach will also fill out appropriate forms for referred service agencies. The contractor will be responsible for creating an Outreach project with the county Homeless Management Information System (HMIS)also referred to as the Clarity system.
• Apply a client-centered approach (individualized treatment planning), respecting individual strengths and preferences.
• Implement trauma-informed care and harm reduction model. • Work closely with other Agencies (primary and mental health, housing location, etc.) to ensure a “warm transfer” of services once a client is housed or transitions into another program with case management, such as a shelter or residential treatment program.
• Create and implement a client-centered housing plan to assist clients with rapidly and sustainably exiting homelessness.
• Based on each client’s unique needs, link unsheltered clients to mainstream, health, and behavioral health services.
• Work with shelter providers to facilitate temporary housing interventions and ensure clear roles and responsibilities on case plan and permanent housing goals.
• Provide transportation assistance to assist clients with getting to shelter, appointments, etc.
• Maintain knowledge of eligibility and referral/application processes for a wide range of housing resources, including permanent supportive housing (PSH), rapid re-housing, Veterans Affairs Supportive Housing vouchers (VASH), other subsidies/vouchers, senior housing, shared housing, affordable housing in the community, as well as other applicable resources such as detox services, residential and outpatient substance use treatment programs, and long-term care facilities.
• May provide supplies or other items to assist clients with meeting their basic needs and to build rapport (examples include food, gift cards, socks, and glasses).
• Assist clients with completing the application or enrollment processes for housing programs.
• Assist clients in obtaining vital documents (i.e., Social Security, Birth Certificate, and California Identification Card).

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• Identify non-housing-related services that clients are already connected to and coordinate with other Agencies to facilitate access.

Contractor must serve all street-based persons who are experiencing homelessness such as Adults, Families, Veterans and Transitionally Aged Youth (TAY) and make appropriate “warm hand-offs” and referrals to perspective agencies.

Warm hand off meaning the outreach work may transport and aid in making sure participant makes assessment and intake appointments regard to shelter, Drug rehabs, or housing placement, and or family reunifications when appropriate. Within the County of San Bernardino.

Budget will include a set aside budget for family re-unifications for example, Greyhound tickets, Gas Cards or anything deemed needed by mgmt. to get to said location. Only approved when documentation of plan confirmed by receiving family members or friends.

Outreach will build relationships within the City of San Bernardino and referrals consist of

1. Crisis Counseling

2. Crisis Centers

3. SB Hope Campus

4. Interim Housing Programs

5. Medical Heath

6. Mental Health

7. Substance abuse (SARC)

8. Documentation

9. CalWORKs & Cal Fresh

10. SSI &SSD

11. Legal Services

12. Employment Services

13. Housing Navigation

14. Domestic Violence Services

15. Other-community based organization/ Religious
• Maintain case files of case notes on housing plan progress, required documentation for eligibility and housing applications, and current client consent and release of information in a secure location. (Audits will be done by housing staff)
• Document case management activities in the appropriate data system.

4. Multi-Disciplinary Team (MDT) Meetings – MDTs convey many benefits that include improved health outcomes and enhanced satisfaction for clients as well as a more efficient use of resources and service coordination for team members. Case Conferencing enables Homeless Service providers to utilize a broad array of professional and lived experiences to assess and plan the next steps for a client’s path to housing. Case Conferencing will be held at a minimum of once a month and will be DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A Packet Page. 479
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used to address all clients receiving case management services. The City’s Homeless Services Coordinator will act as a liaison to help facilitate monthly MDT meetings and incorporate local agencies and service providers for added support and resources (i.e., Department of Behavioral Health, Substance Abuse Counselors, Code Enforcement Officers, Police and Homeless Service Providers). In order to ensure shared knowledge and continuity of care throughout the City, the City’s Mayor will participate in MDT meetings. On days when the Mayor is not able to participate an alternate (pre-selected City Council Member) will attend meetings. During MDT meetings, outreach staff will report on each client receiving case management services (and who has signed the applicable Release of Information forms) and present the housing-focused case plan, updates on the progress toward housing, barriers, and challenges. MDT participating agencies (including the City) provide suggestions, resource, and when able provide direct pathways to various services and/or funding mechanism to assist clients and improve collaborative efforts with outreach staff.
• Maintain a collaborative environment with representation at MDT meetings from law enforcement, homeless shelters, Service Agencies, and primary and mental health care.
• Maintain strict confidentiality in case conferencing and follow program confidentiality policies regarding obtaining consent to share information/Release of Information forms.
• Maintain an approved participant list of MDT members and maintain active participation by key partners.
• Facilitate each MDT meeting and take written notes, including all action items and next steps for each client’s housing-focused case plan. • Provide information to clients on the MDT model and obtain consent for case conferencing within the MDT if clients are willing.
• At each MDT meeting: Homeless outreach case manager who provides services to clients presents about each client who is receiving case management. The case manager presents the client’s housing-focused case plan, progress toward housing, eligibility for various housing resources, barriers, challenges, concerns, and needs and can request suggestions or support from MDT-approved participating agencies.

Additional Services
At the City’s discretion, the Agencies may be asked to perform additional related tasks in addition to those currently anticipated above. The Agencies should therefore have the capability to provide related professional services.

Program Components, Services Approach, Staffing, Start-Up Plan • Proposed approach, including an understanding of the scope of services to be provided and appropriateness of the proposed services.
• Alignment with the Housing First approach.

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• Implementation of housing-focused services to assist each client with developing and implementing his/her/their plan to return to housing. • Client-centered, strengths-based approach.
• Responsive to the needs of clients, including clients with significant barriers and challenges.
• Proposed staffing model.
• Staff training.
• Accessibility of services, including staff’s language capacity and other facets of accessibility.
• Accessible hours of operation, especially outside of regular business hours.

Services are provided during times that are tailored to the needs of the clients. • Program management/oversight to support and supervise staff, data tracking and reporting, and overall quality of services.
• Proposed approach that meets the stated timeline, including start-up timeline.

Program Oversight Structure
• The program includes a program manager/director who will be responsible for overall program operations, including quality assurance and improvement, consistency of services, ongoing training and supervision of staff, partnerships with stakeholders, data tracking, and performance outcomes. The program manager and/or director may be full-time or part-time, depending on the size of the program.
• The program works closely with staff from the City Manager's Office on program implementation and program structure as it relates to other outreach services in the community, and how this program interacts with other homeless system programs, such as the San Bernardino County’s Coordinated Entry System. • The program recruits, retains, trains, and supervises qualified program staff, who demonstrate experience in:
a. Working with hard-to reach and hard-to-serve clients, who may otherwise be disconnected from mainstream and homeless system services and supports.
b. This means providing ongoing, comprehensive staff trainings on best practices in working with homeless individuals with complex needs, safety protocol and procedures, motivational interviewing, job functions and responsibilities, and emergency response protocol. Narccan training.
c. Providing outreach during inclement weather episodes in which the Inclement Weather Program is activated, including cold weather, rainy weather, heat waves, and poor air quality. Cultural competence and sensitivity. Program includes multilingual staff.
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management that utilizes motivational interviewing and other current best practices.
e. Housing First principles and actively working to move the greatest number of unsheltered individuals towards permanent housing. f. Knowledge of the array of services available within the community. Staff maintain current knowledge of referral/application processes for shelter, housing resources, voucher and subsidy programs, senior housing, affordable housing, shared housing, substance use treatment programs, long-term care/medical facilities, and other applicable resources. g. Consistent documentation of services and data entry in an appropriate system
h. The program provides outreach staff with support, training, and case consultation as needed with staff who have clinical expertise to brainstorm additional methods for engaging and serving clients. • The provider maintains written documentation of program policies and procedures and updates the documents on a frequent basis. Documentation includes all areas of program operations, including the following:
a. High quality services consistent with the program model and aligned with Housing First principles.
b. Process for receiving, documenting, and responding to referrals and requests for service.
c. Process for clients to begin receiving case management and procedure for when case management ends.
d. Frequency of supervision and process for staff to reach manager for urgent needs.
e. Thorough, accurate, and timely documentation of all services in the HMIS system.
f. Safety and emergency protocol.
g. Incident report and resolution process.
h. Confidentiality policies and applicable forms.
i. Program implements Housing First principles, serves the hardest to serve the homeless, and actively works to move the greatest number of unsheltered individuals toward permanent housing. j. Program implements a person-centered, strengths-based approach that tailors case management to each client.
k. Collaboration with safety net providers, homeless providers, medical and behavioral health providers, substance use treatment programs, law enforcement, and other applicable partners.
• Program has an internal grievance process that clients can use to resolve conflicts within the program. Written policies and procedures for resolving grievances, including a statement regarding the client’s right to request a reasonable accommodation, are posted in a conspicuous place and accessible to clients.

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Agency Qualifications, Experience, Capacity, and Outcomes • Recent relevant experience in providing services to the population(s) to be served and strong outcomes of the relevant services provided. • Demonstrated the capacity of the agency to provide the identified services. • Recent data demonstrating strong performance for relevant services provided. • Experience training and monitoring staff and program performance. • Expected performance outcomes and impact of services. • Experience and approach for incorporating strategies ensuring racial and gender equity for all program participants.
• Experience and approach for incorporating people with lived experience of homelessness into the planning and implementation of the proposed program’s services, policies, and procedures.
• Claims and violations against you or your organization. • Ability to meet timelines and all requirements.
• Clearly defined roles and responsibilities
Organizations that currently or previously contracted with the City will be reviewed for contract and program compliance, including financial management, timely and adequate submission of invoices and reports, monitoring results, performance, and any other relevant documentation or information.

Customer Service
• Grievance policy.
• Demonstrated ability to collect and utilize feedback from clients in a systematic way to make program changes.
• Assurance of high-quality services.
• Responsive to the needs of clients.
• Experience providing culturally and linguistically appropriate services, including approach to providing services to clients who speak a language other than English.
• Demonstrated ability to collect and utilize feedback in a systematic way from key partners including other community organizations and City and -- programs that work with vulnerable residents.

Budget and Financial Capacity
• Clarity of submitted budgets for services proposed in response. • Please demonstrate how the agency could scale the project if you received less than your proposed budget.
• Experience administering grants or contracts from other public or private funders.
• Agency’s overall stability and financial health.

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• Budget and budget narrative provide sufficient detail on staffing costs and other line items.
• Experience tracking and reporting on funding for federal and state funded grants or contracts from other public agencies.
• Additional financial resources identified to be leveraged by the agency. • Agency financial processes, including internal controls and compliance with accounting practices.

Quality Assurance and Quality Improvement
• Utilizing data to identify performance measure outcomes, areas of need, and service impact.
• Ongoing quality assurance and quality improvement processes. • Demonstrated ability to provide complete, timely, and accurate data in a case • management system or other relevant experience that demonstrates the capacity for complete, timely, and accurate data entry/tracking. • Additional measurements/metrics/deliverables/assessments provided to demonstrate program impact.

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EXHIBIT B

SCHEDULE OF CHARGES
Description FTE Rate Years Total Cost
Program Manager 1 $70,000.00 2 $140,000.00
Peer Specialist ($20/hr.) 2 $41,600.00 2 $166,400.00
SUD Counselors ($24/hr.) 2 $49,920.00 2 $199,680.00
Case Managers ($22/hr.) 2 $45,760.00 2 $183,040.00
Data Coordinator 1 $56,160.00 2 $112,320.00
Salaries Subtotal 8 $263,440.00 2 $801,440.00
Employee Benefits @ 22% $801,440.00 $176,316.80
Subtotal Salaries & Employee Benefits $977,756.80
Operational Cost
Service and Supplies Rates/Units Annual Cost Years Cost Client Expenses $75/600 $45,000.00 2 $90,000.00
Client Financial Assistance 189.25 $56,775.00 2 $113,550.00 Program Supplies $250 $3,000.00 2 $6,000.00
Office Supplies, Postage,
Printing
$250 $3,000.00 2 $6,000.00
Staff Training Development $100 $800.00 2 $1,600.00
Field Telephone
Communications
$360 $4,320.00 2 $8,640.00
Professional Liability
Insurance
1 $5,000.00 2 $10,000.00
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Vehicle
Gas/Maintenance/Insurance
1300.00 $15,600.00 2 $31,200.00
Subtotal Services/Supplies $266,990.00
Lease
Vehicle $18,000.00 2 $36,000.00
Office Space $3k/mth at
$1.50 sq. Ft.
$36,000.00 2 $72,000.00
Subtotal for Leases $108,000.00
One-Time Costs
Technology/Set up
Computers, Tablets, Tech,
Software, Estimated 1,500
per employee
$1,500.00 $12,000.00 8 $12,000.00
Subtotal for One-Time Costs $12,000.00
Administrative
Administrative Overhead $135,274.68 $135,274.68
Subtotal Administrative
Overhead
$135,274.68
Project Total Costs $1,500,021.48
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EXHIBIT C

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “C”.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.

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(iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

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The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A Packet Page. 489
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employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency..
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A Packet Page. 490
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awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply for or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A Packet Page. 491
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of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPAdesignate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:

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(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.
(c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

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3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND

CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing.

Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R.

Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
(v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R.

Part 20.
(vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A Packet Page. 494
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discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance.
(v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
(ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
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(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce onthe-job seat belt policies and programs for their employees when operating companyowned, rented or personally owned vehicles, and encourage its subcontractors to do the same.
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers.
(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A Packet Page. 496
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and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.
(iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property.
(vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.

Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act DocuSign Envelope ID: 0D4958F1-2CE1-4DC4-8479-8684E2218F0A Packet Page. 497
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of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome.

Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI.
(ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the noncompliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency findings of discrimination, please so state.
(x) If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

WITH HOPE THE MISSION
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of this 26th day of June 2023 (“Effective Date”), by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Hope the Mission, a California nonprofit corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated June 1, 2023, for the purpose of providing homeless outreach services (the “Original Agreement”).

B. WHEREAS, the Parties now desire to amend the Original Agreement in order to update the not-to-exceed amount, amend the Schedule of Charges to reflect the new not-toexceed amount, and alter the cyber liability provisions of the Original Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Amendment to Section 4(b) of the Original Agreement. The first sentence of Section 4(b) of the Original Agreement is hereby amended to read as follows:
“In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $1,500,000.”

3. Amendment to Exhibit “B” of the Original Agreement. Exhibit “B” of the Original Agreement shall be replaced in its entirety by Exhibit “B-1”, attached hereto to this Amendment No. 1 and incorporated herein by this reference. All references to Exhibit “B” in the Original Agreement shall refer to Exhibit “B-1”.

4. Amendment to Section 16(g)(i) of the Original Agreement. The Cyber Liability portion of Section 16(g)(i) of the Original Agreement shall be amended to read as follows:
“Cyber Liability $250,000 per occurrence and aggregate”

5. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

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6. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

7. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

WITH HOPE THE MISSION
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
Interim City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
Thomas Rice

CONSULTANT

HOPE THE MISSION
APPROVED BY:

Ken Craft
Chief Executive Officer
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EXHIBIT B-1

SCHEDULE OF CHARGES
Description FTE Rate Years Total Cost
Program Manager 1 $70,000.00 2 $140,000.00
Peer Specialist ($20/hr.) 2 $41,600.00 2 $166,400.00
SUD Counselors ($24/hr.) 2 $49,920.00 2 $199,680.00
Case Managers ($22/hr.) 2 $45,760.00 2 $183,040.00
Data Coordinator 1 $56,160.00 2 $112,320.00
Salaries Subtotal 8 $263,440.00 2 $801,440.00
Employee Benefits @ 22% $801,440.00 $176,316.80
Subtotal Salaries & Employee Benefits $977,756.80
Operational Cost
Service and Supplies Rates/Units Annual Cost Years Cost Client Expenses $75/600 $45,000.00 2 $90,000.00
Client Financial Assistance 189.25 $56,775.00 2 $113,550.00 Program Supplies $250 $3,000.00 2 $6,000.00
Office Supplies, Postage,
Printing
$250 $3,000.00 2 $6,000.00
Staff Training Development $100 $800.00 2 $1,600.00
Field Telephone
Communications
$360 $4,320.00 2 $8,640.00
Professional Liability
Insurance
1 $5,000.00 2 $10,000.00
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Vehicle
Gas/Maintenance/Insurance
1300.00 $15,600.00 2 $31,200.00
Subtotal Services/Supplies $266,990.00
Lease
Vehicle $18,000.00 2 $36,000.00
Office Space $3k/mth at
$1.50 sq. Ft.
$36,000.00 2 $72,000.00
Subtotal for Leases $108,000.00
One-Time Costs
Technology/Set up
Computers, Tablets, Tech,
Software, Estimated 1,500
per employee
$1,500.00 $12,000.00 8 $12,000.00
Subtotal for One-Time Costs $12,000.00
Administrative
Administrative Overhead $135,253.20 $135,253.20
Subtotal Administrative
Overhead
$135,253.20
Project Total Costs $1,500,000
DocuSign Envelope ID: 0BF48146-DF6D-457B-A498-1175FBA58911 Packet Page. 504
AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

WITH HOPE THE MISSION
This Amendment No. 2 to the Professional Services Agreement dated June 1, 2023 (“Agreement”) is made and entered into as of this 1st day of May, 2024 by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Hope the Mission, a California nonprofit corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS
A. WHEREAS, City and Consultant entered into the Agreement on June 1, 2023.

B. WHEREAS, City Council authorized $1,500,021.48 in ARPA funds for Homeless Outreach Services over a two (2) year period.

C. WHEREAS, on June 26, 2023, City and Consultant executed Amendment No. 1 to the Agreement, which amended Section 4(b) of the Original Agreement to limit Consultant costs to no more than $1,500,000, amended Exhibit B of the Original Agreement – the Schedule of Charges for services rendered, and amended Section 16(g)(i) of the Original Agreement to have Cyber Liability of $250,000 per occurrence and aggregate.

D. WHEREAS, the Parties now desire to amend the Agreement to extend the term by one (1) year to May 31, 2025 with a one (1) year option to extend the term.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2, Amendment No. 1, and the original Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Amendment to Section 6 of the Original Agreement. Section 6 of the Agreement is hereby amended in its entirety to read as follows:
“Term. This Agreement shall commence on the Effective Date and continue through May 31, 2025, with a one (1) year option to extend the agreement.”

3. Full Force. Except as amended by this Amendment No. 2, all provisions of the Original Agreement, as modified by Amendment No. 1, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2.

Packet Page. 505

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

5. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original, and together which shall constitute one and the same Amendment No. 2.

Packet Page. 506

SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH

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

CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: HOPE THE MISSION
Charles A. Montoya APPROVED BY:

City Manager
Ken Craft
Chief Executive Officer
APPROVED AS TO FORM:

Best Best & Krieger LLP
Packet Page. 507

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 1, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Gabriel Elliott, Director of Community Development and
Housing
Department: Community Development and Housing
Subject: Final Reading and Adoption of Ordinance No. MC-1636 Development Code Amendment 24-02 (Emergency Shelter
Overlay)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1636, approving Development Code Amendment 24-02 amending the following sections and chapter:

1. Section 19.02.50 (Basic Provisions – Definitions).

2. Section 19.06.020; Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses).

3. Section 19.08.020; Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses).

4. Chapter 19.10-E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Emergency Shelters in compliance with state law; and

5. Finding that Development Code Amendment 24-02 is exempt from review under the California Environmental Quality Act.

Executive Summary
This agenda item is the second and final reading of Development Code Amendment 24-02. It is recommended that the Mayor and City Council accept the final reading and adopt Ordinance No. MC-1636.

Background
On April 17, 2024, the Mayor and City Council conducted a public hearing on approving Packet Page. 508
Development Code Amendment 24-02.

Development Code Amendment 24-02 amends Section 19.02.50 (Basic Provisions - Definitions), Section 19.06.020; Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses), Section 19.08.020; Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses), and Chapter 19.10-E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Emergency Shelters in compliance with state law (Attachment 1, Exhibit A).

Discussion
Ordinance No. MC-1636approving Development Code Amendment 24-02 for the update to the Emergency Shelter Overlay was reviewed by the City Council at their April 17, 2024, meeting. The Ordinance is now ready for its final reading. 2021-2025 Strategic Targets and Goals
Development Code Amendment 24-02 aligns with Key Target Goal No. 3: Improved Quality of Life and 4(b): Economic Growth and Development – Update the General Plan and Development Code. Specifically, the amendment will update the Development Code for compliance with state law. The amendment to the Development Code will ensure consistency with state law. Report.

Fiscal Impact
There is no fiscal impact to the City’s General Fund as a result of this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California and adopt Ordinance No. MC-1636 , approving Development Code Amendment 24-02 amending the following sections and chapter:

1. Section 19.02.50 (Basic Provisions – Definitions).

2. Section 19.06.020; Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses).

3. Section 19.08.020; Table 08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses).

5. Finding that Development Code Amendment 24-02 is exempt from review under the California Environmental Quality Act.

Attachments
Attachment 1 Ordinance No. MC-1636 (Approving Development Code Amendment 24-02)
Attachment 2 Ordinance No. MC-1636 (Approving Development Code Amendment 24-02) – Exhibits A-E
Packet Page. 509
Ward:

All Wards
Synopsis of Previous Council Actions:

On April 17, 2024, the Mayor and City Council introduced Ordinance No. MC-1636 to approve Development Code Amendment 24-02 for the update to the Emergency Shelter Overlay.

Packet Page. 510
ORDINANCE NO. MC-1636
ORDINANCE NO. MC-1636

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 24-02
AMENDING SECTION 19.02.50 (BASIC PROVISIONS -
DEFINITIONS), SECTION 19.06.020; TABLE 06.01
(COMMERCIAL ZONES - DEVELOPMENT PERMITTED

AND CONDITIONALLY PERMITTED USES), SECTION

19.08.020; TABLE 08.01 (INDUSTRIAL ZONES -

DEVELOPMENT PERMITTED AND CONDITIONALLY
PERMITTED USES), AND CHAPTER 19.10-E
(EMERGENCY SHELTER OVERLAY) OF THE CITY OF

SAN BERNARDINO DEVELOPMENT CODE (SBMC TITLE
19) IN ORDER TO UPDATE THE DEVELOPMENT

STANDARDS FOR EMERGENCY SHELTERS IN
COMPLIANCE WITH STATE LAW; AND FINDING THAT
DEVELOPMENT CODE AMENDMENT 24-02 IS EXEMPT

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.

WHEREAS, on December 6, 2010, the Mayor and City Council adopted Ordinance No.

MC-1342, establishing the Chapter 19.10-ES (Emergency Shelter Overlay) of the City of San Bernardino Development Code; and
WHEREAS, on September 28, 2022, the Governor signed Assembly Bill 2339 amending Government Code Section 65583 as it pertained to the development of emergency shelters; and WHEREAS, on January 1, 2023, amended Government Code Section 65583 came into effect rendering Chapter 19.10-ES (Emergency Shelter Overlay) of the City of San Bernardino Development Code inconsistent with state law; and
WHEREAS, on October 2, 2023, the Community Development and Housing Department - Planning Division received a letter regarding the City’s draft Housing Element noting that the provisions of the City’s Emergency Shelter Overlay constitute a constraint to the development of emergency shelters; and
WHEREAS, in a Stipulated Final Judgement and Order submitted in Gracia et al. v. City of San Bernardino, it was stated that the City would update the emergency shelter to comply with state law; and
WHEREAS, Development Code Amendment 24-02 is a City-initiated amendment to Section 19.02.50 (Basic Provisions - Definitions), Section 19.06.020; Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses), Section 19.08.020; Table

08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses), and Chapter

19.10-E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC Packet Page. 511
ORDINANCE NO. MC-1636
Title 19) in order to update the development standards for Emergency Shelters in compliance with state law; and
WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has prepared Development Code Amendment 24-02 in compliance with the California Government Code, consistent with the City of San Bernardino General Plan, and incompliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development Department evaluated Development Code Amendment 24-02 and determined that it is exempt from CEQA under 15061(b)(3) of the CEQA Guidelines; and
WHEREAS, on March 12, 2024, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly-noticed public hearing and adopted Resolution No. 2024- 013 recommending the adoption of the Development Code Amendment 24-02 to the Mayor and City Council; and
WHEREAS, notice of the April 17, 2024 public hearing for the Mayor and City Council's consideration of Development Code Amendment 24-02 was published in The Sun newspaper on April 6, 2024, in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 24-02; and

NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.

SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of Development Code Amendment 24-02 and this Ordinance No. MC-1636 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change in the environment.

SECTION 3. Finding of Facts – Development Code Amendment 24-02 Finding No. 1: The proposed amendment is consistent with the General Plan.

Packet Page. 512
ORDINANCE NO. MC-1636
Finding of Fact: Development Code Amendment 24-02 is consistent with the General Plan, as follows:

Housing Element Program 2.7 (Constraints to a Variety of Housing); Objective 2.7c. - Amend SBMC's permitting, definitions, and associated regulations to facilitate development of emergency shelters, transitional and supportive housing, and low barrier navigation centers per state law.

Housing Element Program 5.6 (Homeless Services); Objective 5.6g. - Revise municipal code provisions for a security and management plan for emergency shelters in compliance with the Stipulated Final Judgement and Order submitted in the case of Gracia et. al v. City of San Bernardino.

The adoption and implementation of Development Code Amendment 24- 02 is consistent with the City’s General Plan by amending the City of San Bernardino Municipal Code in compliance with the program requirements of the adopted 2021-2029 Housing Element.

Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: The adoption and implementation of Development Code Amendment 24- 02 is in the interest or furtherance of the public health, safety, convenience, and general welfare through the establishment of regulations consistent with state law that will allow for the development of emergency shelters to provide temporary housing for the City’s unsheltered residents.

SECTION 4. Adoption of Ordinance. Development Code Amendment 24-02 to amend Section 19.02.50 (Basic Provisions - Definitions), Section 19.06.020; Table 06.01 (Commercial Zones - Development Permitted and Conditionally Permitted Uses), Section 19.08.020; Table

08.01 (Industrial Zones - Development Permitted and Conditionally Permitted Uses), and Chapter

19.10-E (Emergency Shelter Overlay) of the City of San Bernardino Development Code (SBMC Title 19) to update the Emergency Shelter Overlay in compliance with state law attached hereto and incorporated herein by reference as Exhibits “A” through “E”, is hereby approved.

SECTION 5. Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 24-02.

SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or Packet Page. 513
ORDINANCE NO. MC-1636
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2024.
__________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
Packet Page. 514
ORDINANCE NO. MC-1636

CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO

CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1636, introduced on April 17th, 2024, and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 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 ___ day of ____________ 2024.
______________________________
Genoveva Rocha, CMC, City Clerk
Packet Page. 515

EXHIBIT A
Development Code Section 19.02.050
(Definitions)

19.02.050 (Definitions) shall be modified to read as follows:

Emergency Shelter. As used in Government Code Sections 65582, 65583 and 65589.5 (Senate Bill 2), and as defined in Health and Safety Code Section 50801(e), “emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Emergency shelters shall be occupied only by homeless persons unable to pay for housing. Facilities occupied by individuals who pay for their housing shall not be permitted as emergency shelters. Also referred to as “homeless shelter”, “homeless facility” or “social service center with a residential component.” Any structure or facility, the primary purpose of which is to provide housing or temporary shelter, with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by homeless persons. No individual or household may be denied emergency shelter because of an inability to pay. This definition includes other interim interventions, including but not limited to a navigation center, bridge housing, and respite or recuperative care.

Packet Page. 516

EXHIBIT B
Development Code Section 19.06.020
(Permitted, Development Permitted, and Conditionally Permitted Uses)

19.04.020 (Permitted, Development Permitted, and Conditionally Permitted Uses); Table 06.01 (Commercial Zones – Permitted, Development Permitted, and Conditionally Permitted Uses) shall be modified to read as follows:

TABLE 06.01

PERMITTED, DEVELOPMENT PERMITTED, AND

CONDITIONALLY PERMITTED USES
LAND USE ACTIVITY CO CG1
CG2CG3
CR-1 CR-2 CR-3 CR-4 CH CCS1
CCS2
H. Medical/Care Facilities/Social Services
Commercial establishments, which
provide services of a medical/care nature,
related to the health and welfare of the
City’s residents. Examples of allowable
land use activities include, but are not
limited to, the following:

1. Blood Banks C C -- -- -- -- -- -- -- -- --

2. Emergency Shelters -- -- -- -- -- D
15 -- -- D
15 -- --

3. Health Clinics/Outpatient Surgery D D D D D
5 D D -- -- D --

4. Medical Offices D D D D D D D -- D D D

5. Hospitals C C -- -- -- -- -- -- -- -- --

6. Outpatient – Treatment Programs C C C -- -- -- -- -- -- D --

7. Residential Care Facilities C C C -- -- C -- -- -- -- --

8. Senior/Congregate Care Facilities C C C -- -- C -- -- -- -- --

9. Social Services Centers C C C C -- C C -- -- -- --
15 Permitted in the Emergency Shelter Overlay, pursuant to Chapter 19.10-E.

Packet Page. 517

EXHIBIT C
Development Code Section 19.08.020
(Permitted, Development Permitted, and Conditionally Permitted Uses)

19.08.020 (Permitted, Development Permitted, and Conditionally Permitted Uses); Table 08.01 (Industrial Zones – Permitted, Development Permitted, and Conditionally Permitted Uses) shall be modified to read as follows:

TABLE 08.01

PERMITTED, DEVELOPMENT PERMITTED, AND

CONDITIONALLY PERMITTED USES

LAND USE ACTIVITY OIP IL IH IE

11. Emergency Shelters D
1 D1
– –
1 Permitted in the Emergency Shelter Overlay, pursuant to Chapter 19.10-E.

Packet Page. 518
EMERGENCY SHELTER OVERLAY ZONE – 19.10-E
II-19.10-E-1
CHAPTER 19.10-E

ES (EMERGENCY SHELTER OVERLAY) ZONE
Section Page

19.10-E.010 Purpose ..................................................................................................... II-19.10-E-1

19.10-E.020 Applicability ............................................................................................ II-19.10-E-1

19.10-E.030 General Provisions ................................................................................... II-19.10-E-1

19.10-E.040 Development Standards ........................................................................... II-19.10-E-2

19.10-E.010 PURPOSE
The purpose of this chapter is to provide for areas within the CH, Commercial Regional (CR-2), Commercial Heavy (CH), IL, Industrial Light (IL), and OIP, Office Industrial Park (OIP) zones as referenced in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08, where emergency shelters, in accordance with Government Code Section 65583, are allowed without a conditional use permit or other discretionary permit. Recognizing the need for available and affordable sites for establishment of emergency shelters outside the traditional locations in commercial zones, the Emergency Shelter Overlay zone provides several areas within the CR-2, CH, IL, and OIP zones for new emergency shelters to be integrated with commercial and light industrial uses and existing social services throughout the City. The purpose of the designated boundaries (area of applicability) is to maximize the potential for provision of emergency shelter and support services throughout the City of San Bernardino.

19.10-E.020 APPLICABILITY
The Emergency Shelter Overlay zone shall apply to CH, Commercial Regional (CR-2), Commercial Heavy (CH), IL, Industrial Light (IL), and OIP, Office Industrial Park (OIP) zones as specified in reference maps adopted with the Emergency Shelter Overlay zone and available in the Community Development and Housing Department. All land use regulations and development standards for commercial and industrial uses as specified in Chapters 19.06 and 19.08 shall remain in effect. The effect of the Emergency Shelter Overlay zone shall be to define the area of applicability where emergency shelters shall also be permitted with Director approval, and to add general and specific development standards for emergency shelters within the CR-2, CH, IL, and OIP zones.

19.10-E.030 GENERAL PROVISIONS

1. Emergency shelters located in the Emergency Shelter Overlay zone shall be developed and operated according to the land use regulations, development standards and design guidelines for the CR-2, CH, IL, and OIP zones, as applicable, as well as Chapter 19.10-E.

2. Emergency shelters shall be permitted with the ministerial approval of an Administrative Development Permit within the Emergency Shelter Overlay zone as specified in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08. The purpose of the Administrative Development Permit shall be limited to review for conformance with the development standards established within this subsection.

Exhibit D
Packet Page. 519
EMERGENCY SHELTER OVERLAY ZONE – 19.10-E
II-19.10-E-2

19.10-E.040 DEVELOPMENT STANDARDS

1. The following standards shall apply to development of emergency shelters within the Emergency Shelter Overlay zone:

A. EMERGENCY SHELTERS
Emergency shelters, providing temporary housing and support services to homeless persons, shall be permitted in the Emergency Shelter Overlay zone of the CH, Commercial Regional (CR-2), Commercial Heavy (CH), IL, Industrial Light (IL), and OIP, Office Industrial Park (OIP) zones, subject to the standards in this Section. As social services with residential components, emergency shelters are also conditionally permitted in several commercial zones and throughout the IL, Industrial Light zone. The following standards shall be required for development or establishment of emergency shelters in the Emergency Shelter Overlay zone:
(1) The maximum resident density shall be one resident per 150 sq. ft., up to a maximum of 60 residents;
(2) The maximum length of stay shall be six months;
(3) The site shall be located no more than ½ mile from a public transit line; (4) Any new or existing structure proposed for use as an emergency shelter shall meet current California Building Code requirements.
(5) Off-street parking shall be provided at a ratio of one space per 1,000 square feet of gross floor area, or one space for each employee on the largest shift plus one space for each agency vehicle plus three visitor spaces, whichever is greater; (6) Fencing and exterior lighting conforming to the development standards of Chapter

19.20 shall be required to ensure the security of site residents; (7) A security and management plan shall be required to demonstrate adequate plans and capability to operate the emergency shelter in a safe and effective manner, including complete descriptions of the following:
(a) Fencing, lighting, video cameras, and any other physical improvements intended to provide or enhance security for residents and staff; (b) Staffing plans, including the qualifications and responsibilities of all staff members and the number and positions of employees on each shift; (c) Procedures and policies for screening of potential residents to identify individuals who should be referred to medical facilities, residential care facilities, other service agencies or law enforcement;
(d) Plans and policies for daily operations and supervision of residents; Packet Page. 520
EMERGENCY SHELTER OVERLAY ZONE – 19.10-E
II-19.10-E-3
(e) Support services to be offered to residents, including life skills training, counseling, referral to other service agencies and job placement assistance; (f) Plans to coordinate services of the facility with other homeless service providers in San Bernardino County, to improve the effectiveness of the network of agencies serving the homeless, countywide.
(1) Number of Beds. The maximum number of beds or persons permitted to be served nightly by an emergency or homeless shelter shall be determined and as allowed by Building and Fire Codes.
(2) Required Parking. An emergency or homeless shelter shall provide off-street parking at a ratio of one (1) space per employee.
(3) Waiting Area. An emergency or homeless shelter shall provide an on-site, client intake, waiting area to prevent queuing on public sidewalks. (4) Onsite management. An emergency or homeless shelter shall have a manager onsite during operating hours. (5) Proximity. Emergency or homeless shelters shall not be less than 300-feet apart from other emergency or homeless shelters, as measured from the nearest property lines.
(6) Length of Stay. The maximum length of stay at an emergency or homeless shelter shall be 180-days in a consecutive 365-day period, or not longer than the time frame established by the California Health and Safety Code for Emergency Shelters, whichever is greater.
(7) Lighting. Sites with an emergency or homeless shelter shall provide lighting in all parking, pedestrian, and entry areas. Lighting shall be in compliance with Title 24, California Code of Regulations.
(8) Security. Emergency or homeless shelters shall provide on-site security during hours that the emergency shelter is in operation.

Packet Page. 521
EMERGENCY SHELTER OVERLAY ZONE – 19.10-E
II-19.10-E-4
Intentionally Blank
Packet Page. 522
Exhibit E - EMERGENCY SHELTER OVERLAY PARCELS
Existing parcels within Emergency Shelter Overlay
District 1
0269-171-05
0269-171-09
0269-171-12
0269-171-21
0269-171-27
0269-171-39
0269-171-35
0269-171-42
0269-171-46
0269-231-22
0269-231-23
District 2a
0142-081-12
0142-081-25
0142-081-26
0142-094-34
0142-094-38
0142-094-42
0142-094-45
0142-094-46
0142-094-47
0142-094-48
0142-094-49
0142-095-15
0142-095-16
0142-111-04
0142-111-10
0142-111-13
0142-111-17
0142-111-18
0142-112-13
0142-112-14
0142-112-24
0142-211-01
0142-211-02
0142-211-26
0142-211-05
0142-211-08
0142-211-19
0142-211-10
0142-211-11
0142-211-28
0142-211-29 (portion of combined parcel)
0142-212-03
0142-212-04
0142-212-05
0142-212-06
0142-212-07
0142-212-15
0142-212-18
0142-212-22
0142-212-24
0142-221-02
0142-221-04
0142-221-05
0142-222-12
0142-222-03
0142-222-31
District 2b
0142-042-01
0269-271-71
0142-043-04
0142-043-07
0142-043-08
0142-043-09
0269-291-04
0269-291-11
Packet Page. 523
Exhibit E - EMERGENCY SHELTER OVERLAY PARCELS
District 3
0283-032-01
0283-032-02
0283-032-03
0283-032-04
0283-032-05
0283-032-06
0283-032-07
0283-032-08
0283-032-09
0283-032-10
0283-032-12
0283-032-13
0283-032-15
0283-032-16
0283-032-17
0283-032-18
0283-032-19
0283-032-22
0283-032-23
0283-032-25
0283-032-29
0283-032-30
0283-032-31
0283-032-32
0283-032-33
0283-032-34
0283-032-39
0283-032-41
0283-032-42
0283-032-45
0283-032-46
0283-032-47
0283-032-48
0283-032-50
0283-032-51
0283-041-04
0283-041-05
0283-041-06
0283-041-07
0283-041-09
0283-041-10
0283-041-11
0283-041-12
0283-041-13
0283-041-14
0283-041-18
0283-041-19
0283-041-22
0283-041-23
0283-041-34
0283-041-35
District 4
1191-231-35
1191-231-36
1191-231-49
1191-231-50
1191-231-51
District 5
(deleted)
District 6
0280-021-48 (portion of combined parcel)
Packet Page. 524
Exhibit E - EMERGENCY SHELTER OVERLAY PARCELS
Proposed (CR-2) parcels to add to Emergency Shelter Overlay 1) 0.68 acres
0134-014-24
0134-014-25
0134-014-26
0134-014-27
2) 0.68 acres
0134-021-26
0134-021-27
0134-021-28
0134-021-29
3) 0.24 acres
0134-023-19
4) 1.28 acres
0134-023-50
0134-023-57
5) 0.31 acres
0134-051-29
6) 0.37 acres
0134-052-22
7) 1.11 acres
0134-053-07
0134-053-20
0134-053-21
0134-053-22
0134-053-23
0134-053-25
0134-053-26
8) 0.26 acres
0134-061-06
9) 0.13 acres
0134-061-10
10) 0.54 acres
0134-081-18
0134-081-21
11) 0.33 acres
0135-021-04
0135-021-05
12) 0.18 acres
0135-021-07
13a) 0.72 acres
0135-081-11
0135-081-12
0135-081-13
0135-081-14
0135-081-15
13b) 0.40 acres
0135-091-09
0135-091-10
0135-091-11
14) 0.26 acres
0135-101-08
0135-101-28
15) 1.41 acres
0140-282-02
0140-282-05
0140-282-43
0140-282-71
0140-282-73
0140-282-74
0140-282-81
Packet Page. 525
Packet Page. 526

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 1, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Joshua Dramitinos, Deputy Director of Economic Development Department: Economic Development
Subject: Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians (Ward 4)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-079 of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to execute an Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians, a federally recognized Indian tribe, for the encroachment of two improvements that include an above ground wayfinding sign and a primary directional monument sign located at Victoria Avenue north of Lynwood Drive and southwest of Piedmont Drive, San Bernardino, California.

Executive Summary
The San Manuel Band of Mission Indians, a federally recognized Indian tribe, is in the process of improving directional signage located adjacent to the Yaamava gaming facility. The purpose of the improvements is to enhance directions for ingress, egress, and parking facilities for patrons visiting the area attractions. Approval of the encroachment permit will allow for the two improvements to encroach the public rightof-way.

Background
On January 30, 2024, the Public Works Department received a request from the San Manuel Band of Mission Indians, a federally recognized Indian tribe, for a permit to permanently encroach areas located within the public right-of-way within the City of San Bernardino, California. The proposed encroachment area is near Victoria Avenue southwest of Piedmont Drive, attached herein and referred to as “Exhibit A”.

Packet Page. 527
The San Manuel Band of Mission Indians, a federally recognized Indian tribe, is in the process of improving directional signage located adjacent to the Yaamava gaming facility. The purpose of the improvements is to enhance directions for ingress, egress, and parking facilities for patrons visiting the area attractions. The plans call for an above ground sign to be installed across Victoria Avenue. The sign will have two support legs which will fall in the public right-of-way. Additionally, the plans include a directional monument sign that will include lane assignments to be installed on Victoria Avenue prior to approaching to the above ground sign located across Victoria Avenue.

Discussion
The City’s Encroachment Permit and Covenant Agreement for permanent encroachments within the public right-of-way protects the City’s interest in the right-ofway while giving the Permittee permission to occupy the right-of-way in such a manner as to have as little impact to the public’s use as possible. If in the future, the City requires the reconfiguration or modification of the public right-of-way, the permission granted within the Encroachment Permit and Covenant Agreement is subservient to the City’s paramount right and interest in the public right-of-way. Pursuant to the Agreement the Permittee shall indemnify, defend, and hold harmless the City from any costs, claims, damages, injuries, or liability arising from the Licensee’s use of the public right-of-way under the License Agreement.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 4 Economic Growth & Development. The approval of this Encroachment Permit and Covenant Agreement helps the property owner ensure that the City is clean and attractive while also protecting the City’s right of way for future use.

Fiscal Impact
There is no impact to the general fund. An administrative fee of $346 will be collected for each year Agreement remains in effect, due on the first of each year.

Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2024-079 of the Mayor and City Council of the City of San Bernardino, California, authorizing and directing the City Manager to execute an Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians, a federally recognized Indian tribe, for the encroachment of two improvements that include an above ground wayfinding sign and a primary directional monument sign located at Victoria Avenue north of Lynwood Drive and southwest of Piedmont Drive, San Bernardino, California.

Attachments
Attachment 1 - Resolution No. 2024-079
Attachment 2 - Application
Attachment 3 - Exhibit A - Legal Description
Packet Page. 528
Attachment 4 - Exhibit B - Project Location
Attachment 5 - Exhibit C - Plans
Attachment 6 - Agreement; dated May 1, 2024
Ward:

Fourth Ward
Synopsis of Previous Council Actions:

None
Packet Page. 529
Resolution No. 2024-079
Resolution No. 2024-079
May 1, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-079

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING AND DIRECTING THE CITY MANAGER

TO EXECUTE AN ENCROACHMENT PERMIT AND

COVENANT AGREEMENT WITH THE SAN MANUEL

BAND OF MISSION INDIANS, A FEDERALLY

RECOGNIZED INDIAN TRIBE, FOR THE

ENCROACHMENT OF TWO IMPROVEMENTS THAT

INCLUDE AN ABOVE GROUND WAYFINDING SIGN AND

A PRIMARY DIRECTIONAL MONUMENT SIGN

LOCATED AT VICTORIA AVENUE NORTH OF

LYNWOOD DRIVE AND SOUTHWEST OF PIEDMONT

DRIVE, SAN BERNARDINO, CALIFORNIA
WHEREAS, The San Manuel Band of Mission Indians, a federally recognized Indian tribe is requesting an Encroachment Permit and Convent Agreement with the City of San Bernardino, a charter city and municipal corporation; and
WHEREAS, The City’s Encroachment Permit and Covenant Agreement for permanent encroachments within the public right-of-way protects the City’s interest in the right-of-way while giving the Permittee permission to occupy the right-of-way in such a manner as to have as little impact to the public’s use as possible; and
WHEREAS, Pursuant to the Agreement, the Permittee shall indemnify, defend, and hold harmless the City from any costs, claims, damages, injuries, or liability arising from the Licensee’s use of the public right-of-way under the Encroachment Permit and Covenant Agreement.

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

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

SECTION 2. The Mayor and City Council hereby authorize and direct the City Manager to execute an Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians, a federally recognized Indian tribe, for the encroachment of improvements that include an above ground wayfinding sign and a primary directional monument that will include lane assignments located at Victoria Avenue north of Lynwood Drive and south west of Piedmont Drive, San Bernardino, California.

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 Packet Page. 530
Resolution No. 2024-079
Resolution No. 2024-079
May 1, 2024

Page 2 of 3 ends

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of May 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 531
Resolution No. 2024-079
Resolution No. 2024-079
May 1, 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. 2024-079 adopted at a regular meeting held on the 1st day of May 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
Packet Page. 532
Packet Page. 533
Packet Page. 534
Packet Page. 535
Packet Page. 536
CALIFORNIA CONTRACTOR LICENSE NO. 980698

LOS ANGELES DIVISION
10235 Bellegrave Avenue, Jurupa Valley, CA 91752
Telephone: (909) 923-7668, Fax: (909) 923-5015
www.yesco.com
This drawing was created to assist you in visualizing our proposal. The original ideas herein are the property of YESCO SIGNS, LLC. Permission to copy or revise this
drawing can only be obtained through a written agreement with YESCO. See your sales representative or call the
nearest office of YESCO.

Colors represented in this drawing are for presentation only.

They cannot match actual processes being used on finished products.

All salespersons can reference manufacturer's color charts at your request.

Cost of providing necessary wiring to sign area is not included in this sign proposal.

CLIENT INFORMATION
Sales Exec:

Address:

REVISIONS
08/14/23 B Nolen

DATE BY
NOTED
© 2021
This sign is intended to be installed in accordance with the requirements of Article 600 of the National Electrical Code and/or other applicable local codes. This includes proper grounding and bonding of the sign.

CUSTOMER APPROVAL

ACCEPTED WITH NO CHANGES

ACCEPTED WITH CHANGES AS
NOTED

REVISE AS NOTED AND RE-SUBMIT
(Customer Signature) (Date)

PRODUCTION APPROVAL
Sheet
(Title)
Jason Gopperton
777 San Manuel Blvd.

Highland, CA 92346
SCALE
PROD OPY-25264 R4
Date: By:

R1
XX/XX/XX B Nolen
Xxxxx
Phase 2
Phase 1 in 2019 Folder
Date: By:

R1
09/06/23 B Nolen
Add Arrow/Copy Schedules
Date: By:

R2
09/21/23 B Nolen
Adjust Arrow Directions
Date: By:

R3
11/15/23 B Nolen
Reduce span of OR-1
777 San Manuel Boulevard, Highland, CA 92346
New Exterior Digital Roadway Directionals
10235 Bellegrave Avenue | Jurupa Valley, CA 91752 | 909.923.7668 | www.yesco.com SIGN OR-2 Over-Road Sign (94'-0") - Elevation, Specifications PR Primary Monument
.........................
.........................

1.0 2.0
Over-Road Sign Specifications
Directional Monument Sign Specifications
Overall Site Plan - Sign Locations
Site Plan 2 (Entering Casino Area)
.........................
.........................

SP 1
SP 2
INDEX
SP 2
PHASE 3

3.0 ......................... Overall Site Plan
Encroachment Diagrams

4.0 ......................... OR-1 Over Road Sign

5.0 ......................... PR-1 Primary Monument
Packet Page. 537
CALIFORNIA CONTRACTOR LICENSE NO. 980698

Colors represented in this drawing are for presentation only.

They cannot match actual processes being used on finished products.

All salespersons can reference manufacturer's color charts at your request.

Cost of providing necessary wiring to sign area is not included in this sign proposal.

CLIENT INFORMATION
Sales Exec:

Address:

REVISIONS
08/14/23 B Nolen

CUSTOMER APPROVAL

ACCEPTED WITH NO CHANGES

ACCEPTED WITH CHANGES AS
NOTED

REVISE AS NOTED AND RE-SUBMIT
(Customer Signature) (Date)

PRODUCTION APPROVAL
Sheet
(Title)
Jason Gopperton
777 San Manuel Blvd.

Highland, CA 92346
SCALE
PROD OPY-25264 R4
Date: By:

R1
XX/XX/XX B Nolen
Xxxxx
Phase 2
Phase 1 in 2019 Folder
Date: By:

R1
09/06/23 B Nolen
Add Arrow/Copy Schedules
Date: By:

R2
09/21/23 B Nolen
Adjust Arrow Directions
Date: By:

R3
11/15/23 B Nolen
Reduce span of OR-1
SP 1

GENERAL SIGN LOCATION PLAN

OVERALL SITE PLAN
OR
NEW PHASE 3 SIGN LEGEND

PM PRIMARY MONUMENT

OVER-ROAD GATEWAY
SM-3
SM-2
N Victoria
Ave
E Lynwood Dr
OR-1
OR-2
PM-1
PM-2
PM-3
PM-4
SM-1
NORTH
SM-4
SM-5
OR

EXISTING SIGN LEGEND

PM PRIMARY MONUMENT

OVER-ROAD GATEWAY
PHASE 2 SIGN LEGEND
PM

SM SECONDARY MONUMENT

PRIMARY MONUMENT

MATCH LINE B

MATCH LINE A
E Lynwood Dr
SP 2
Casino Valet
Hotel Valet
Pedestrian Bridge
A
A
A D/F
SM-3
SM-2
N Victoria
Ave
OR-1
OR-2
(UNDER THE BRIDGE)
S/F
PM-1
PM-2
PM-3
PM-4
SM-1
S/F
S/F
SM-4
A
SM-5
A
D/F
B
B
Packet Page. 538
CALIFORNIA CONTRACTOR LICENSE NO. 980698

Colors represented in this drawing are for presentation only.

They cannot match actual processes being used on finished products.

All salespersons can reference manufacturer's color charts at your request.

Cost of providing necessary wiring to sign area is not included in this sign proposal.

CLIENT INFORMATION
Sales Exec:

Address:

REVISIONS
08/14/23 B Nolen

CUSTOMER APPROVAL

ACCEPTED WITH NO CHANGES

ACCEPTED WITH CHANGES AS
NOTED

REVISE AS NOTED AND RE-SUBMIT
(Customer Signature) (Date)

PRODUCTION APPROVAL
Sheet
(Title)
Jason Gopperton
777 San Manuel Blvd.

Highland, CA 92346
SCALE
PROD OPY-25264 R4
Date: By:

R1
XX/XX/XX B Nolen
Xxxxx
Phase 2
Phase 1 in 2019 Folder
Date: By:

R1
09/06/23 B Nolen
Add Arrow/Copy Schedules
Date: By:

R2
09/21/23 B Nolen
Adjust Arrow Directions
Date: By:

R3
11/15/23 B Nolen
Reduce span of OR-1
SP 2
N Victoria
Ave

LOCATIONS TO BE STAKED PRIOR TO INSTALLATION

MATCH LINE A

MATCH LINE B
OR-1
OR-2
E Lynwood Dr
±50'-0"
±45'-0"
VIP / Various Garage Levels
Valet
Garage
Return / Exit
Valet
Service Center
& Deliveries
Casino Valet
Pedestrian Bridge
S/F

PARTIAL SITE PLAN

ILLUMINATED DIRECTIONAL

MONUMENT LOCATIONS
SP 2
PM-1
PM-2
PM-3
PM-4
SM-1

ALL SIGNS TO BE ANGLED TOWARD ROAD
E-1
OR
NEW PHASE 3 SIGN LEGEND

PM PRIMARY MONUMENT

OVER-ROAD GATEWAY OR

EXISTING SIGN LEGEND

PM PRIMARY MONUMENT

OVER-ROAD GATEWAY
PHASE 2 SIGN LEGEND
PM

SM SECONDARY MONUMENT

PRIMARY MONUMENT
Packet Page. 539
CALIFORNIA CONTRACTOR LICENSE NO. 980698

Colors represented in this drawing are for presentation only.

They cannot match actual processes being used on finished products.

All salespersons can reference manufacturer's color charts at your request.

Cost of providing necessary wiring to sign area is not included in this sign proposal.

CLIENT INFORMATION
Sales Exec:

Address:

REVISIONS
08/14/23 B Nolen

CUSTOMER APPROVAL

ACCEPTED WITH NO CHANGES

ACCEPTED WITH CHANGES AS
NOTED

REVISE AS NOTED AND RE-SUBMIT
(Customer Signature) (Date)

PRODUCTION APPROVAL
Sheet
(Title)
Jason Gopperton
777 San Manuel Blvd.

Highland, CA 92346
SCALE
PROD OPY-25264 R4
Date: By:

R1
XX/XX/XX B Nolen
Xxxxx
Phase 2
Phase 1 in 2019 Folder
Date: By:

R1
09/06/23 B Nolen
Add Arrow/Copy Schedules
Date: By:

R2
09/21/23 B Nolen
Adjust Arrow Directions
Date: By:

R3
11/15/23 B Nolen
Reduce span of OR-1
44'-6"
C
10"
9'-0" 9'-0"
3'-8"
2'-4"
2'-4"
3'-8"
12"
19"

END VIEW
Scale: 3/16” = 1’-0”

PLAN VIEW
48'-0"
C
5'-4" 6" 10'-0" 2" 1'-10" 3'-3"
22'-0"
11"
C
F
QUANTITY: One (1), Manufacture and Install
NEW OVER-ROAD STRUCTURE WITH SINGLE FACE ILLUMINATED DIRECTIONAL CABINETS Scale: 3/16” = 1’-0” D
17'-6" 5'-0"
9'-0"
A
OR-1

ENGINEERING FOR SIGN DESIGNED TO

SUPPORT FUTURE LED DISPLAYS
***NOTE***
TWO (2) 16A CIRCUITS REQ'D / 16.5 AMPS TOTAL

FUTURE EMC REQUIREMENTS TBD

SIGN SPECS
B

A SUPPORT HSS (PER ENGINEERING)

PAINT PER COLOR KEY

FINISH SMOOTH, SEMI-GLOSS

STRUCTURE HSS (PER ENGINEERING)

PAINT PER COLOR KEY

FINISH SMOOTH, SEMI-GLOSS

C STRUCTURE HSS (PER ENGINEERING)

PAINT PER COLOR KEY

FINISH SMOOTH, SEMI-GLOSS

D SPACE FRAME HSS (PER ENGINEERING)

PAINT PER COLOR KEY

FINISH SMOOTH, SEMI-GLOSS

ALUMINUM

INTERNAL WHITE LED
.125 ROUTED ALUMINUM

MATERIAL

ILLUMINATION
FACE

S/F CABINET

COPY/ARROWS WHITE ACRYLIC BACK-UP
E
QUANTITY 3 S/F UNITS
RETAINER 2x2x1/8 ALUM. ANGLE

CONCRETE
SMOOTH
TYPE
FINISH

F COLUMN BASE
NOTE:

All Color and finish samples to be
provided for customer approval.

PAINT PER COLOR KEY

FINISH SMOOTH, SEMI-GLOSS

COLOR KEY
NOTE: UNLESS OTHERWISE NOTED, THE COLORS DEPICTED ON THIS RENDERING MAY NOT MATCH ACTUAL COLORS ON FINISHED DISPLAY. PLEASE REFER TO

COLOR-CALLOUTS AND THEIR APPROPRIATE VENDOR SPECIFIED SAMPLES FOR

APPROVED COLOR SPECIFICATIONS
PAINT TO MATCH 70% PMS 876C
PAINT TO MATCH 100% PMS 876C CABS.

STRUCT.

1.0 9'-0" 9'-0" 9'-0"
E E E
South Parking
Garage
North Parking
Garage
Casino Valet
VIP Parking
Hotel Valet
25'-0" STREET
14"
6" 53" 88"
curb planter sidewalk
18"
Packet Page. 540
CALIFORNIA CONTRACTOR LICENSE NO. 980698

Colors represented in this drawing are for presentation only.

They cannot match actual processes being used on finished products.

All salespersons can reference manufacturer's color charts at your request.

Cost of providing necessary wiring to sign area is not included in this sign proposal.

CLIENT INFORMATION
Sales Exec:

Address:

REVISIONS
08/14/23 B Nolen

CUSTOMER APPROVAL

ACCEPTED WITH NO CHANGES

ACCEPTED WITH CHANGES AS
NOTED

REVISE AS NOTED AND RE-SUBMIT
(Customer Signature) (Date)

PRODUCTION APPROVAL
Sheet
(Title)
Jason Gopperton
777 San Manuel Blvd.

Highland, CA 92346
SCALE
PROD OPY-25264 R4
Date: By:

R1
XX/XX/XX B Nolen
Xxxxx
Phase 2
Phase 1 in 2019 Folder
Date: By:

R1
09/06/23 B Nolen
Add Arrow/Copy Schedules
Date: By:

R2
09/21/23 B Nolen
Adjust Arrow Directions
Date: By:

R3
11/15/23 B Nolen
Reduce span of OR-1
4"
10'-8"

S/F INTERNALLY ILLUMINATED DIRECTIONAL MONUMENT SIGN

PRIMARY
Scale: 3/8" = 1'-0"

SIGN SPECS
B
A SIGN BODY MATERIAL ALUM. OVER STEEL FRAME

SEE COLOR KEY
PAINT
PAINT
C
COLUMN
LOGO

D STRUCTURE
CONC. FOOTING
CONC. PAD 4"
12"
16"

SMOOTH, SEMI-GLOSS

SMOOTH, SEMI-GLOSS
FINISH
FINISH
ROUTED ALUMINUM w/

PUSH THRU WHITE

ACRYLIC
TYPE

REMOVE REFLECTIVE VINYL

FROM PUSH-THRU ACRYLIC

COPY / ARROWS
BACK-LIT w/ WHITE LEDs
BACK-LIT w/ WHITE LEDs

LIGHTING

PER ENGINEERING

STEEL PIPE
MATERIAL ALUM. OVER STEEL FRAME
QUANTITY: One (1), Manufacture and Install

2.0 4'-10" 2'-8"
7'-6"
10'-0"
10'-4"

PER COLOR KEY
BKGD. PATTERN PRINTED OPAQUE VINYL
C
B
D
A
ONE (1) 20A CIRCUIT PER SIGN REQ'D / 5.5 AMPS
FUTURE

REFLECTIVE WHITE VINYL OVER

LOW TACK VINYL APPLIED TO

ROUTED PUSH THRU ACRYLIC

COPY / ARROWS TEMPORARY
24" 8'-6"
Removable
back
panels
Push-thru
is 1/4" proud
of aluminum
background
NOTE:

All Color and finish samples to be
provided for customer approval.

COLOR KEY
NOTE: UNLESS OTHERWISE NOTED, THE COLORS DEPICTED ON THIS RENDERING MAY NOT MATCH ACTUAL COLORS ON FINISHED DISPLAY. PLEASE REFER TO

COLOR-CALLOUTS AND THEIR APPROPRIATE VENDOR SPECIFIED SAMPLES FOR

APPROVED COLOR SPECIFICATIONS
PAINT TO MATCH 70% PMS 876C
PAINT TO MATCH 100% PMS 876C
PRINT TO MATCH 95% PMS 876C
PRINT TO MATCH 70% PMS 876C
P1
P2
P3
P1
P2 P3
P1
P3
Returns
& Back
Returns
& Back

REMOVE REFLECTIVE VINYL

FROM PUSH-THRU ACRYLIC

LOGO FUTURE

REFLECTIVE WHITE VINYL OVER

LOW TACK VINYL APPLIED TO

ROUTED PUSH THRU ACRYLIC

LOGO TEMPORARY
PM-1
North
Parking
Garage
Casino
Valet
Hotel
Valet
VIP
Parking
Shipping &
Receiving
GUTTER
CURB

PLANTER

SIDEWALK
1 PLAN VIEW @ PLANTER/SIDEWALK
Scale: 3/8" = 1'-0"
Top of pad to be flush
w/ new raised curb
18" 6" 53"
88"
60"
New raised curb
30" 58"
122"
2"
26"
Packet Page. 541
CALIFORNIA CONTRACTOR LICENSE NO. 980698

Colors represented in this drawing are for presentation only.

They cannot match actual processes being used on finished products.

All salespersons can reference manufacturer's color charts at your request.

Cost of providing necessary wiring to sign area is not included in this sign proposal.

CLIENT INFORMATION
Sales Exec:

Address:

REVISIONS
08/14/23 B Nolen

CUSTOMER APPROVAL

ACCEPTED WITH NO CHANGES

ACCEPTED WITH CHANGES AS
NOTED

REVISE AS NOTED AND RE-SUBMIT
(Customer Signature) (Date)

PRODUCTION APPROVAL
Sheet
(Title)
Jason Gopperton
777 San Manuel Blvd.

Highland, CA 92346
SCALE
PROD OPY-25264 R4
Date: By:

R1
XX/XX/XX B Nolen
Xxxxx
Phase 2
Phase 1 in 2019 Folder
Date: By:

R1
09/06/23 B Nolen
Add Arrow/Copy Schedules
Date: By:

R2
09/21/23 B Nolen
Adjust Arrow Directions
Date: By:

R3
11/15/23 B Nolen
Reduce span of OR-1

3.0 OVERALL SITE PLAN
E Lynwood Dr
Casino Valet
Hotel Valet
Pedestrian Bridge
A
A
A D/F
SM-3
SM-2
OR-2
S/F
PM-2
PM-4
PM-3
SM-1
S/F
S/F
SM-4
A
SM-5
A D/F
B
B
PM-1

5.0 OR-1

4.0 N Victoria Ave
Packet Page. 542
CALIFORNIA CONTRACTOR LICENSE NO. 980698

Colors represented in this drawing are for presentation only.

They cannot match actual processes being used on finished products.

All salespersons can reference manufacturer's color charts at your request.

Cost of providing necessary wiring to sign area is not included in this sign proposal.

CLIENT INFORMATION
Sales Exec:

Address:

REVISIONS
08/14/23 B Nolen

CUSTOMER APPROVAL

ACCEPTED WITH NO CHANGES

ACCEPTED WITH CHANGES AS
NOTED

REVISE AS NOTED AND RE-SUBMIT
(Customer Signature) (Date)

PRODUCTION APPROVAL
Sheet
(Title)
Jason Gopperton
777 San Manuel Blvd.

Highland, CA 92346
SCALE
PROD OPY-25264 R4
Date: By:

R1
XX/XX/XX B Nolen
Xxxxx
Phase 2
Phase 1 in 2019 Folder
Date: By:

R1
09/06/23 B Nolen
Add Arrow/Copy Schedules
Date: By:

R2
09/21/23 B Nolen
Adjust Arrow Directions
Date: By:

R3
11/15/23 B Nolen
Reduce span of OR-1

4.0 75'-0"
13"
15'-10" 17"
6" curb
53" planter
88" sidewalk
1" = 40'-0"
OR-1 ENCROACHMENT DETAIL
OR-1
Traffic Light Signal
300'-0"
3'-0"
4'-0"

NEW CAL-TRANS SIGN
BLACK LEGEND w/ WHITE

BACKGROUND
ve A ictoria N V
E Lynwood Dr
Packet Page. 543
CALIFORNIA CONTRACTOR LICENSE NO. 980698

Colors represented in this drawing are for presentation only.

They cannot match actual processes being used on finished products.

All salespersons can reference manufacturer's color charts at your request.

Cost of providing necessary wiring to sign area is not included in this sign proposal.

CLIENT INFORMATION
Sales Exec:

Address:

REVISIONS
08/14/23 B Nolen

CUSTOMER APPROVAL

ACCEPTED WITH NO CHANGES

ACCEPTED WITH CHANGES AS
NOTED

REVISE AS NOTED AND RE-SUBMIT
(Customer Signature) (Date)

PRODUCTION APPROVAL
Sheet
(Title)
Jason Gopperton
777 San Manuel Blvd.

Highland, CA 92346
SCALE
PROD OPY-25264 R4
Date: By:

R1
XX/XX/XX B Nolen
Xxxxx
Phase 2
Phase 1 in 2019 Folder
Date: By:

R1
09/06/23 B Nolen
Add Arrow/Copy Schedules
Date: By:

R2
09/21/23 B Nolen
Adjust Arrow Directions
Date: By:

R3
11/15/23 B Nolen
Reduce span of OR-1
85'-0"
118'-4 1/2"
1 2.0
PM-1
1" = 40'-0"
ENCROACHMENT DETAIL PM-1

5.0 Packet Page. 544
CALIFORNIA CONTRACTOR LICENSE NO. 980698

Colors represented in this drawing are for presentation only.

They cannot match actual processes being used on finished products.

All salespersons can reference manufacturer's color charts at your request.

Cost of providing necessary wiring to sign area is not included in this sign proposal.

CLIENT INFORMATION
Sales Exec:

Address:

REVISIONS
08/14/23 B Nolen

CUSTOMER APPROVAL

ACCEPTED WITH NO CHANGES

ACCEPTED WITH CHANGES AS
NOTED

REVISE AS NOTED AND RE-SUBMIT
(Customer Signature) (Date)

PRODUCTION APPROVAL
Sheet
(Title)
Jason Gopperton
777 San Manuel Blvd.

Highland, CA 92346
SCALE
PROD OPY-25264 R3
Date: By:

R1
XX/XX/XX B Nolen
Xxxxx
Phase 3
OR-1 PHOTO SIMS
Date: By:

R1
09/06/23 B Nolen
Add Arrow/Copy Schedules
Date: By:

R2
09/21/23 B Nolen
Adjust Arrow Directions
Date: By:

R3
11/15/23 B Nolen
Reduce span of OR-1
A = 300' from Sign
A
B = 200' from Sign
B
C = 100' from Sign
C
OR-1
SP

VISIBILITY
Decision Time at 45 mph
Copy Visibility = 50' per upright inch
of letter height
Sign Copy:
12" Arrows = 600' visibility
8" Upper Case = 400' visibility
6" Lower Case = 300' visibility
45 mph = 66' per second
100 / 66 = 1.5 seconds
200 / 66 = 3.0 seconds
300 / 66 = 4.5 seconds
Packet Page. 545
CALIFORNIA CONTRACTOR LICENSE NO. 980698

Colors represented in this drawing are for presentation only.

They cannot match actual processes being used on finished products.

All salespersons can reference manufacturer's color charts at your request.

Cost of providing necessary wiring to sign area is not included in this sign proposal.

CLIENT INFORMATION
Sales Exec:

Address:

REVISIONS
08/14/23 B Nolen

CUSTOMER APPROVAL

ACCEPTED WITH NO CHANGES

ACCEPTED WITH CHANGES AS
NOTED

REVISE AS NOTED AND RE-SUBMIT
(Customer Signature) (Date)

PRODUCTION APPROVAL
Sheet
(Title)
Jason Gopperton
777 San Manuel Blvd.

Highland, CA 92346
SCALE
PROD OPY-25264 R3
Date: By:

R1
XX/XX/XX B Nolen
Xxxxx
Phase 3
OR-1 PHOTO SIMS
Date: By:

R1
09/06/23 B Nolen
Add Arrow/Copy Schedules
Date: By:

R2
09/21/23 B Nolen
Adjust Arrow Directions
Date: By:

R3
11/15/23 B Nolen
Reduce span of OR-1
A = 300' from Sign 1.0
Packet Page. 546
CALIFORNIA CONTRACTOR LICENSE NO. 980698

Colors represented in this drawing are for presentation only.

They cannot match actual processes being used on finished products.

All salespersons can reference manufacturer's color charts at your request.

Cost of providing necessary wiring to sign area is not included in this sign proposal.

CLIENT INFORMATION
Sales Exec:

Address:

REVISIONS
08/14/23 B Nolen

CUSTOMER APPROVAL

ACCEPTED WITH NO CHANGES

ACCEPTED WITH CHANGES AS
NOTED

REVISE AS NOTED AND RE-SUBMIT
(Customer Signature) (Date)

PRODUCTION APPROVAL
Sheet
(Title)
Jason Gopperton
777 San Manuel Blvd.

Highland, CA 92346
SCALE
PROD OPY-25264 R3
Date: By:

R1
XX/XX/XX B Nolen
Xxxxx
Phase 3
OR-1 PHOTO SIMS
Date: By:

R1
09/06/23 B Nolen
Add Arrow/Copy Schedules
Date: By:

R2
09/21/23 B Nolen
Adjust Arrow Directions
Date: By:

R3
11/15/23 B Nolen
Reduce span of OR-1
B = 200' from Sign 2.0
Packet Page. 547
CALIFORNIA CONTRACTOR LICENSE NO. 980698

Colors represented in this drawing are for presentation only.

They cannot match actual processes being used on finished products.

All salespersons can reference manufacturer's color charts at your request.

Cost of providing necessary wiring to sign area is not included in this sign proposal.

CLIENT INFORMATION
Sales Exec:

Address:

REVISIONS
08/14/23 B Nolen

CUSTOMER APPROVAL

ACCEPTED WITH NO CHANGES

ACCEPTED WITH CHANGES AS
NOTED

REVISE AS NOTED AND RE-SUBMIT
(Customer Signature) (Date)

PRODUCTION APPROVAL
Sheet
(Title)
Jason Gopperton
777 San Manuel Blvd.

Highland, CA 92346
SCALE
PROD OPY-25264 R3
Date: By:

R1
XX/XX/XX B Nolen
Xxxxx
Phase 3
OR-1 PHOTO SIMS
Date: By:

R1
09/06/23 B Nolen
Add Arrow/Copy Schedules
Date: By:

R2
09/21/23 B Nolen
Adjust Arrow Directions
Date: By:

R3
11/15/23 B Nolen
Reduce span of OR-1
C = 100' from Sign 3.0
Packet Page. 548
Packet Page. 549
Packet Page. 550
OR-1
Packet Page. 551
1 No Recording Fee
Required Per
Government Code
Section 27383

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
A.P.N. _________________ (Space Above For Recorder’s Use)

CITY OF SAN BERNARDINO

ENCROACHMENT PERMIT AND COVENANT
THIS ENCROACHMENT PERMIT AND COVENANT (“Permit”) is made as of this 1 st day of May, 2024, by and among the CITY OF SAN BERNARDINO, a municipal corporation organized under the laws of the State of California with its principal place of business at 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and the San Manuel Band of Mission Indians, a federally recognized Indian tribe, a federally recognized Indian tribe, with its principal place of business at 26569 Community Center Drive, Highland, CA 92346 (“Permittee”).

R E C I T A L S
A. Permittee has requested permission from City to enter upon, use, and construct an Over-Road Wayfinding Sign and a primary directional monument sign, which will include lane assignments, (“Permittee Facilities”) within certain portions of City’s easement (“City Property”) along N Victoria Avenue as shown on Exhibit “A” (the “Encroachment Area”).

B. Permittee’s use of this Encroachment Area will be undertaken for the benefit of the Permittee’s property (the “Benefitted Property”), as described and depicted on Exhibit “B.” Permittee desires to enter upon the Encroachment Area to construct, install, and maintain Permittee Facilities, specifically described as set forth and depicted on Exhibit “C.” C. Replacement, operation, and maintenance responsibilities of the Permittee Facilities belong to the Permittee.

D. Exhibits “A,” “B” and “C” are hereby incorporated herein by this reference as though fully set forth at length.

E. The purpose of this Permit is to document the City’s authorization of the Permittee’s encroachment onto City’s Property, describe the terms and conditions Packet Page. 552
2 governing such encroachment, and to set forth the Permittee’s covenants to perform certain obligations and to be subject to certain restrictions, as set forth in this Permit.

NOW, THEREFORE, in reliance upon the foregoing facts and the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Permittee and City hereby agree as follows:

AGREEMENT

1. Encroachment Permit. A revocable encroachment permit is hereby granted to Permittee on the Encroachment Area. The proposed encroachment shall not extend on City’s Property to any extent greater than as described and shown in Exhibit “A.”

2. Covenant Running With the Land. The obligations set forth herein shall constitute covenants that shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrances, successors, heirs, personal representatives, transferees, and assigns of the City Property and the Benefited Property.

3. No Easement Granted. By accepting the benefits herein, Permittee acknowledges that whatever rights and obligations are possessed by City with respect to the easement within which the Encroachment Area is located shall remain and continue in full force and effect and shall in no way be affected by City’s grant of permission to encroach.

4. Term. This Permit shall take effect on the date this agreement is executed by both parties and shall remain in effect until City provides the required notice to the Permittee or its successors.

5. No Precedent Established. No action under this Permit establishes a precedent regarding (a) the advisability of permitting any certain type of encroachment to exist within City Property, or (b) to the acceptability of any such permit in any other or future situation.

6. Pre-Construction Meeting and Requirements. Before starting any work on the Permittee Facilities (“Work”) under the Permit, Permittee shall contact City’s Chief Inspector or other designated employee and arrange for a pre-construction meeting. No Work shall be performed prior to the pre-construction meeting. Permittee shall provide at the pre-construction meeting a plan for fugitive dust control in compliance with AQMD Rule 403, if applicable. Unless specifically not required, before starting Work, Permittee shall provide to City the inquiry Identification Number (the number provided by Underground Service Alert (“USA”) to every person who contacts USA pursuant to Section 4215.5 of the Government Code). No work shall be done under the Permit outside of the normal working hours of City employees unless the City inspector is present and Permittee shall have first obtained the consent of City’s Chief Inspector. If the Work is interrupted for two (2) consecutive business days or more, Permittee shall obtain from City’s Chief Inspector consent to resume the Work.

7. Inspection. All Work shall be subject to inspection and approval by City. Permittee shall schedule City Inspection one (1) business day in advance of performing any Packet Page. 553
3 activities under this Permit. The following items are required in order to schedule Inspection: a) project title, b) inspection number and c) activities to be performed.

Permittee shall notify the Inspection Division when the Work has been completed and obtain a final inspection report. If during any City inspection it is reasonably determined that the Work and/or Permittee Facilities materially and negatively interfere with City's use of the City Property or the holder of any prior rights, City and Permittee shall confer in good faith to determine a solution to such interference. If a mutually agreeable solution is not found within ninety days from the date that the City notifies Permittee of the interference, Permitee shall remove the Permittee Facilities or, in the event Permittee fails to do so, City may elect to complete such removal at Permitee's cost and expense. Such cost shall be paid by Permittee within thirty (30) calendar days' following receipt of an invoice from the City, including reasonable proof of such costs and expenses.

8. Permit and Plans on Job Site. During work, the Permit and construction drawings or copies thereof shall be kept at the job site and must be shown to any representative of City or any law enforcement officer on demand. If the Permit and construction drawings are not on the job site during Work, City may, at its option, require immediate suspension of Work by oral notice to Permittee’s employees, contractors or representatives at the job site.

9. Authorized Permit Users. The Permit may be used and Work under this Permit may be performed only by the named Permittee and its contractors, subcontractors, authorized agents invitees, and representatives. No other parties are authorized to perform Work under this Permit.

10. Conflicting Permits. If an existing encroachment or improvement pursuant to a prior City permit conflicts with the proposed Work, Permittee must arrange, at its sole cost and at no expense to City, for any removal or relocation of such prior encroachment or improvement with the owner/permittee thereof.

11. Additional Approvals; Environmental Compliance. The Work may require that Permittee obtain written orders, approvals, authorizations or consent (collectively “Approvals”) from and/or comply with environmental laws and regulations issued or administered by certain federal, state or local agencies including (without limitation) the U.S. Army Corps of Engineers (“USACE”), California Department of Fish and Wildlife (“DFW”), United States Fish and Wildlife Service (“FWS”), Regional Water Quality Control Board, Colorado River Region (“Regional Board“), California Public Utilities Commission (“PUC”), and/or Cal-OSHA. Compliance with environmental laws may require the obtaining from the DFW of a Streambed Alteration Agreement (Fish and Game Code, Section 1600 et seq.), Regional Board Section 401 Permit, Waste Discharge Requirements, compliance with the California Environmental Quality Act (“CEQA”), Regional Board best management practices, and USACE Section 404 permitting, Permittee is aware that some or all of the Work may take place in regulated waters of the United States or waters of the State of California, requiring Permittee to obtain appropriate permits and Approvals. In addition, to the extent issuance of the Permit or other action triggers the requirement for City or its affiliates to prepare additional environmental review pursuant to CEQA or the National Environmental Policy Act (“NEPA”), Permittee shall be Packet Page. 554
4 responsible to reimburse and indemnify City for all costs of such compliance.

Authorization to undertake the Work under this Permit is specifically conditioned upon with Permittee’s compliance with all of the terms and requirements of the Approvals. If City is not the fee owner of the City Property, Permittee shall also obtain Approval from the Owner(s) of such property. This Permit shall be effective and Work may commence hereunder only upon receipt by Permittee of all necessary Approvals. Permittee shall abide by stormwater discharge regulations adopted by the U.S. Environmental Protection Agency and by the State Water Resources Control Board.

12. Notice of Intent. In the event of Work including, but not limited to, clearing, grading and excavation results in a land disturbance of one (1) or more acres, Permittee shall:

Submit a Notice of Intent (State Form II) in compliance with the terms of the general permit to discharge stormwater associated with construction activity to the State Water Resources Control Board and to City.

State Water Resources Control Board
Division of Water Quality
Attention: Stormwater Permit Unit
Post Office Box 1977
Sacramento, California 95812

13. Compliance with Laws. All Work, if any, shall be completed at no cost to City in conformance with all laws, rules and regulations of all governmental or quasigovernmental agencies and the owners of the real property upon which the Work is to be accomplished.

14. Drainage Modification. If there is potential for the Work to effect existing drainage or drainage patterns, Permittee will consult with City before Work begins.

15. Clean Up. Permittee shall not deposit asphalt, concrete, organic matter, chemicals, metal, paper, trash or other waste or debris within the City Property. Upon completion of the Work or any subsequent repair or maintenance of Permittee Facilities, all brush, timber, scraps, material, etc., placed at the job site by or on behalf of Permittee shall be removed and Permittee shall restore the City Property to its prior condition as nearly as may be reasonably possible. If, during the course of the Work or thereafter, construction, reconstruction or maintenance work must be performed by City within the City Property, the Work shall, upon request of City, immediately cease and for the time reasonably necessary for the City to complete its necessary construction, reconstruction, and/or maintenance work. In the event that the necessary work cannot be completed by City without relocation of the Work or Permitted Facilities, City shall provide Permittee notice of the necessity of the relocation. In such an instance, Permittee, may be required to relocate the Work or Permitted Facilities at Permittee's sole cost. If Permittee fails to do any of the foregoing, City may elect to complete all or any of such tasks at Permittee’s cost and expense. Such cost shall be paid by Permittee within thirty (30) calendar days following receipt of an invoice from City.

Packet Page. 555
5 16. Mechanics Lien Claims. In its performance of the Work or any other activities associated with this Permit, including operation and maintenance of Permittee Facilities, Permittee shall assure that the City Property is kept free from mechanics lien claims resulting from Permittee's use or Work and shall defend, indemnify and hold City free and harmless from and against any such claims. In the event such a mechanics lien is filed against the City Property, Permittee shall cause such lien to be removed (whether by bonding or otherwise) within thirty (30) calendar days after it is recorded.

17. As-Built Plans. Not later than thirty (30) calendar days following completion of the Work, Permittee shall provide to City a set of “As-Built” drawings from the Engineer of Record with sufficient accuracy to allow City to determine the location of the Permittee Facilities.

18. City Non-liability; Permittee Responsibility. City shall not be liable for the replacement of decorative concrete and other surface improvements, including, but not limited to, alternative paving methods or treatments or the removal of some or all Permittee Facilities which removal may be required in order to gain access to the City Property . City shall not be responsible for seal coating, overlaying or otherwise resurfacing street improvements made by Permittee and Permittee shall be responsible for all such costs. Permittee waives any claim, loss, damage or action against City or its Representatives (as defined below) arising out of or in connection with any Costs (as defined below) or destruction of the Permittee Facilities from the exercise of City of any right with respect to City Property, unless caused by the gross negligence or willful misconduct of City or its Representatives. City shall have no liability or responsibility to restore any Permittee Facilities on City Property to any condition after properly exercising any right with respect to City Property or to pay for loss or destruction of the same and Permittee shall be responsible for all such costs, unless caused by the gross negligence or willful misconduct of City or its Representatives. The term “Representatives” shall mean employees, representatives, agents, contractors, subcontractors, invitees, and other persons directly or indirectly employed by or reasonably under the control of any of the foregoing or for whose acts any of the foregoing may be liable.

19. Defense and Indemnity. Permittee shall defend, indemnify and hold harmless City and its Representatives (the “Indemnified Parties”), from and against all actions, causes of action, demands, liabilities, costs, damages, claims, losses and expenses (including attorneys’ fees) (collectively, “Claims”) of every type and description to which they may be subjected, by reason of, or resulting from: (a) this Permit; (b) any act or omission of Permittee or its Representatives in connection with any matters contemplated by this Permit; (c) any death, bodily injury, property damage or casualty (including, but not limited to death, personal injury, property damage, or casualty resulting from Permittee's use and Work under this Permit to third parties and any damage to any City Property ); (d) any breach by Permittee of its obligations under this Permit; (e) enforcement by City of any provision of this Permit and (f) the maintenance, operation, repair, replacement or improvement of Permittee Facilities, except for Claims ultimately established by a court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of the Indemnified Parties. Except in the case of City’s gross negligence or willful misconduct, Permittee, as a material part of the consideration of this Permit, waives Packet Page. 556
6 all claims or demands against City and the other Indemnified Parties for any such Claims.

No provision of this Permit shall in any way limit the responsibility of Permittee for payment of damages resulting from its operations or the operations of any of its Representatives.

Permittee further covenants and agrees to pay, or to reimburse the Indemnified Parties for all Claims arising out of or in connection with Permittee’s obligations pursuant to this Permit, except Claims arising through the gross negligence or willful misconduct of the Indemnified Parties. The Indemnified Parties shall have the right, at Permittee’s expense, to commence, to appear in, or to defend any action or proceeding, arising out of and in connection with the Permit, and in connection therewith, may pay all necessary expenses if Permittee fails upon reasonable notice to so commence, appear in or defend any action or proceeding with counsel reasonably acceptable to City. Permittee shall be furnished with copies of bills relating to the foregoing upon request.

20. Damage to City Property. If the City Property is damaged or destroyed as a result of the exercise of the rights provided in this Permit, the Work, construction, operation and maintenance of the Permittee Facilities or any other cause associated with or arising out of the existence of the Permit, Permittee shall be responsible for all costs associated with the reconstruction or repair of the affected City Property and shall reimburse the same within thirty (30) calendar days following written demand from City.

21. Insurance. Notwithstanding the Effective Date of this Permit, this Permit shall not take effect or become binding on City until Permittee has complied with the insurance requirements, which may be reasonably amended from time to time with not less than thirty (30) days' prior notice to Permittee.. In addition, Permittee shall not allow any subcontractor to commence work within the Encroachment Area 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 Permittee’s and its subpermittees’ 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 Permittee shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
Packet Page. 557
7 (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 Permittees 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 Permittee shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) The automobile liability program may utilize deductibles of not more than $50,000.00, 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) Permittee 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 Packet Page. 558
8 provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Permittee has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Permittee 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. Permittee shall require all subpermittees 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 Permittee or Permittee’s contractor/subcontractor 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 Permittee. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
(f) Intentionally Omitted.
(g) Minimum Policy Limits Required.
(i) The following insurance limits are required for the Agreement:

Packet Page. 559
9 (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
(h) Evidence Required. Prior to execution of the Agreement, the Permittee shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
(i) Policy Provisions Required.
(i) Permittee shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Permittee 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 Permittee shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Permittee’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. Permittee shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Permittee 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 Permittee or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Permittee hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subpermittees.

Packet Page. 560
10 (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 Permittee from liability in excess of such coverage, nor shall it limit the Permittee’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. (j) Qualifying Insurers.
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
(k) Additional Insurance Provisions.
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Permittee, 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 Permittee pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Permittee or City will withhold amounts sufficient to pay premium from Permittee payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Permittee to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (l) Subpermittee Insurance Requirements. Permittee shall not allow any subcontractors or subpermittees 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 subpermittees 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 Packet Page. 561
11 coverage. If requested by Permittee, City may approve different scopes or minimum limits of insurance for particular subcontractors or subpermittees. (m) If required insurance coverage expires, is canceled or otherwise terminates prior to the completion of the Work or otherwise prior to the intended expiration of this Permit, all uncompleted Work shall cease until required insurance coverage is reinstated.

If Work has been completed but this Permit remains in effect with respect to the operation and maintenance of Permittee Facilities, failure by Permittee to maintain required insurance coverage shall be a material default by Permittee hereunder, as a result of which City may elect to terminate this Permit and upon such termination, to require the immediate removal of all Permittee Facilities and restoration of the City Property to its prior condition. Notwithstanding an election by City to terminate this Permit in accordance with the provisions of this section, Permittee will remain liable to City for all obligations as set forth in this Permit.
(n)

22. Cost of Work. Unless otherwise stated in this Permit, all costs associated with the Work and/or Permittee’s use of the City Property shall be the sole responsibility of Permittee. Permittee waives all claims for indemnification or contribution from City for such Work and/or use.

23. Intentionally Omitted.

24. Termination. This Permit may be terminated by City upon ninety (90) calendar days written notice to the Permittee. Upon such termination (whether by written notice or for any other reason or in any other manner) Permittee shall, at City’s election, remove some or all Permittee Facilities (as determined by City) and restore the City Property to its prior condition, all at Permittee’s sole cost. If Permittee fails to remove Permittee Facilities and restore the City Property as required by City, City may effect such removal and restoration, after which Permittee will reimburse City for the cost thereof within thirty (30) calendar days following City’s written demand.

25. City Rights and Responsibilities. If the Permit involves Work or Permittee Facilities within any City stormwater channel or other flood protection facilities (“Channel”), the provisions of Paragraphs (a) and (b) following, shall apply. (a) City reserves the right to maintain and operate the channel, removing therefrom any Permittee Facilities (or portions thereof), installation, obstruction or interference (collectively “Obstruction”) when such Obstruction substantially interferes with the free flow of the Channel waters or, in City’s sole discretion, interferes with performance by City of its public duties and responsibilities. CITY also reserves the right to realign the Channel, changing the course and depth thereof and/or to make other changes and improvements to the Channel, as City deems necessary. Any such removal of Permittee Facilities shall, at City’s election, be at Permittee’s sole cost and expense, to be reimbursed by Permittee to City within thirty (30) calendar days following receipt of written demand.

Packet Page. 562
12 (b) Permittee recognizes the responsibility of City to make changes to the Channel as described above and to maintain the integrity of the Channel during periods of stormwater runoff. Permittee therefore waives and releases City and City Indemnitees from all claims for damage to or destruction of the Permittee Facilities caused by City or its Representatives. Any removal of debris and silt resulting from or exacerbated due to the Work or the Permittee Facilities or repairs, reconstruction, restoration, or relocation of the Work or Permittee Facilities damaged or destroyed as defined herein shall be performed by and at the sole expense of Permittee.

26. Assignment. This permit shall not be assigned or transferred without the written consent of City, which consent shall not be unreasonably withheld, conditioned or delayed. Any such purported assignment or transfer without the written consent of City shall be void and of no effect.

27. Rights of Permittee Successors. The terms and provisions set forth herein shall be deemed provisions, terms and/or covenants running with the City Property and Permittee Facilities in accordance with applicable law, including, without limitation, Section 1468 of the California Civil Code and shall pass to and be binding upon the successor Permittees of the City Property. As such, all successor Permittees of the City Property will have all of the rights, responsibilities and liabilities of Permittee as if such person or entity originally executed this Permit in the place and stead of Permittee.

Permittee and/or successor Permittees shall notify City in writing within ten (10) business days when ownership of the Permittee Property has changed resulting in a successor Permittee. Permittee shall be solely responsible to notify any successor in writing regarding this Permit and the obligations of the Permittee Facilities hereunder.

28. Assumption of Risk. Storm, surface, ground, nuisance, or other waters may be encountered at various times during Permittee Work/Activity. Permittee hereby acknowledges and agrees that there are certain inherent risks and dangers associated with such waters; and that, except as expressly set forth herein, it knowingly and voluntarily accepts and assumes responsibility for, each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Permittee’s Work/Activity. Such inherent risks and dangers include, but are not limited to: flooding, health hazards, slippery ground, uneven surfaces, and debris and known and unknown risks of serious personal injury, including death, and damage to or loss of Permittee Facilities. CITY EXPRESSLY DISCLAIMS AND PERMITTEE EXPRESSLY ASSUMES

ANY AND ALL LIABILITY FOR DEATH, PERSONAL INJURY OR PROPERTY DAMAGE

TO THIRD PARTIES OR TO PERMITTEE WHICH ARE DIRECTLY RELATED TO

PERMITTEE'S USE OR WORK UNDER THE PERMIT AND ARE NOT DIRECTLY

CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY, AS DETERMINED BY A COURT OF COMPETENT JURISDICTION.

29. Subordination. The Work and the Permittee Facilities are subordinate to any operations of City and shall be coordinated with the work of City forces or City contractors so that there shall be no delay to or interference with essential City operations.

Packet Page. 563
13 30. Location of Other Facilities. Permittee shall be fully responsible to ascertain the location of all facilities constructed by others, and to locate and construct the Permittee Facilities or perform the Work in a manner which will not damage, conflict or interfere with any existing encroachment, improvement or facility. Prior to making any excavation, Permittee shall call Underground Service Alert at 1-800-422-4133.

31. Real Property Interests. This Permit and permission granted herein extends only to those real property interests held by City in the subject real property. No warranty is made that City possesses all of the rights or title necessary for Permittee to accomplish work under this Permit and Permittee is cautioned to satisfy itself that it has obtained all necessary rights or permits prior to commencement of work. This Permit does not constitute a grant of any real property interest from City to Permittee.

32. Taxable Possessory Interest. Permittee acknowledges that a taxable possessory interest may have been created by this Permit and in such event, Permittee may become subject to payment of possessory interest taxes levied on such interest. Payment of possessory interest taxes, if any, will be the sole responsibility of Permittee.

33. Miscellaneous. The following additional provisions apply:
(a) Time is of the essence of this Permit and each and every term and provision thereof.
(b) This Permit shall be construed as if prepared by all of the parties hereto.

Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Permit against the party that has drafted it is not applicable and is waived. (c) No delay on the part of any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver by any party of any right, power or privilege hereunder operate as a waiver of any other right, power or privilege, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise of any other right, power or privilege.
(d) Each person executing this Permit represents and warrants that he or she has full power and authority to execute this Permit on behalf of the named parties. (e) Any action or proceeding to enforce or relating to this Permit shall be brought in a court of competent jurisdiction in San Bernardino County. (f) This Permit, together with the exhibits attached hereto and other writings referenced herein, contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements between the parties, oral or written, and any amendments thereto. Any oral representations or modifications concerning this Permit are of no force and effect except a subsequent modification in writing, signed by the parties to be charged.

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14 (g) In the event of any litigation or other action between the parties arising out of or relating to this Permit or the breach thereof, the prevailing party shall be entitled, in addition to such other relief as may be granted, to its reasonable costs and attorneys’ fees.
(h) The invalidity or illegality of any provision, term, covenant, agreement or condition of this Permit shall not affect the remainder of the Permit. (i) If Permittee requests that City review or execute assignments, estoppels or other documents related to this Permit and its continued validity, Permittee shall be solely responsible for costs incurred by City to respond to such request. (j) All questions concerning the validity, interpretation and performance of any of its terms or provision or any of the rights or obligations of the parties hereto shall be governed by and resolved in accordance with the laws of the State of California. (k) Permittee must notify City’s Chief Surveyor at least forty-eight (48) hours prior to removing or replacing any Survey Monuments. All monuments must be replaced at Permittee’s expense and must be replaced in accordance with sections 8771 and 8772 of the Business and Professions Code.
(l) Unless otherwise provided herein, any notice to be given by any party hereunder must be given in writing and delivered in person, or by a reputable nationwide overnight courier (e.g., Federal Express), or forwarded by certified or registered mail, postage prepaid, return receipt requested, or transmitted by electronic mail, unless the party giving such notice has been notified, in writing of a change of address:

City: City of San Bernardino
Vanir Tower
290 North D Street
San Bernardino, California 92401
Attn: City Manager
City of San Bernardino
Vanir Tower
290 North D Street
San Bernardino, California 92401
Attn: City Attorney
Permittee: Name:___________________
Address:___________________
Telephone: _________________
Email:_____________________
Attn:______________________
Packet Page. 565
15 Any such notice is effective on the date on which such notice is delivered, if notice is given by personal delivery or overnight courier, or electronic transmission (with electronic confirmation of receipt) or if notice is sent through the United States mail, on the date of actual delivery as shown by the addressee’s receipt or upon the expiration of three (3) calendar days following the date of mailing, whichever first occurs.

34. Recordation. THIS INSTRUMENT SHALL BE RECORDED IN THE OFFICE OF

THE RECORDER OF SAN BERNARDINO COUNTY, CALIFORNIA, AND SHALL RUN

WITH THE LAND AND SHALL BE BINDING ON ALL PARTIES HAVING OR

ACQUIRING ANY RIGHT, TITLE OR INTEREST IN OR TO THE PROPERTY OR ANY PORTION THEREOF, AND SHALL CONSTITUTE NOTICE OF PROPERTY OWNERS’ OBLIGATIONS AND CITY’S RIGHTS WITH RESPECT TO THE ENCROACHMENT AREA. THE COVENANT HEREIN CONTAINED IS UNDERSTOOD AND AGREED TO BE, AND SHALL BE TAKEN AND HELD TO BE, FOR THE BENEFIT OF CITY.

35. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 566

SIGNATURE PAGE FOR ENCROACHMENT PERMIT AND COVENANT

BETWEEN THE CITY OF SAN BERNARDINO

AND THE SAN MANUEL MISSION BAND OF INDIANS
IN WITNESS WHEREOF, the Parties hereto have executed this Permit and Covenant 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

PERMITTEE
Signature
Patrick Dupont
Name
Vice President, Finance and Accounting
Title
Packet Page. 567

ACKNOWLEDGEMENT

STATE OF CALIFORNIA )

COUNTY OF )
On _______________ before me,
__________________________________________________, Notary Public, personally appeared ________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ________________________ (Seal)
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

Packet Page. 568
EXHIBIT “A”

EXHIBIT A
Victoria Avenue, North of Lynwood Drive, Southwest of Piedmont Drive

LEGAL DESCRIPTION
Packet Page. 569
EXHIBIT “B”

EXHIBIT B
Packet Page. 570
EXHIBIT “C”

EXHIBIT C
Over-Road Wayfinding Sign & Primary Directional Monument Sign Packet Page. 571

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 1, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager;
Barbara Whitehorn, Director of Finance & Management
Services
Department: Finance & Management Services
Subject: Updating Assessment Engineer's Reports - Previously Formed Landscape and Lighting Maintenance
Districts (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024-080 of the Mayor and City Council of the City of San Bernardino, California, initiating the proceedings to levy and collect assessments for FY 2024/25 in Assessment Districts pursuant to the Constitution and the City Charter, appointing the Engineer of Record, and ordering preparation of Engineer's Report.

Executive Summary
The City must annually update the Engineer’s Reports for all previously formed Landscape and Lighting Maintenance Districts, hold a public hearing for the assessment of the levy upon real property within each Assessment District for the upcoming fiscal year, and submit the information and any corrections to San Bernardino County no later than August 10 of each year.

Background
The City Council previously formed Landscape & Lighting and Street & Drainage Maintenance Districts as a condition of approval for private development projects. The assessment engineer's report that establishes the amount of an annual assessment in each of the Districts must be updated annually and approved by the City Council, following a public hearing, in order to levy the annual assessments.

Discussion
Packet Page. 572
Development projects are approved subject to Conditions of Approval that require the formation of maintenance districts to recover the costs of annual maintenance of public improvements constructed as a result of the development project.

The assessment of an annual fee upon properties within the District provides the revenue to offset the cost of maintenance of the public improvements necessary to serve the development.

California Streets and Highways Code §22620 et. seq. with respect to Landscape and Lighting Districts and Government Code §53750 et. seq. with respect to Street and Drainage Maintenance Districts require that the assessment engineer's report for each of the Districts be updated and approved by the legislative body prior to the levy of any annual assessment on properties within an assessment district.

The tentative schedule for the annual update of the assessment districts which is prepared based on information provided by the San Bernardino County AuditorController-Recorders office is as follows:

May 1, 2024: Mayor and City Council direction of preparation of an assessment engineer’s report describing any new improvements or any substantial changes in the existing improvements in the existing assessment districts.

May 15, 2024: Mayor and City Council (1) preliminarily approving the engineering reports for the existing assessment districts and directing the filing of such reports with the City Clerk, and (2) setting the date for the public hearing at 5:00 PM on Wednesday, July 17, 2024, in the City of San Bernardino Council Chamber, 555 W 6th Street, San Bernardino, CA 92410 pursuant to California Streets and Highways Code Sections 22552 and 22553 and Government
Code Section 53753.5 to consider the levy of annual assessments upon real property.

July 3, 2024: Deadline for submission of preliminary notice of assessments to San Bernardino County.

July 17, 2024: Mayor and City Council public hearing and approval of the levy of assessments upon real property within each of the Districts for fiscal year 2024-25.

August 1, 2024: Deadline for submission of final notice of assessments to San Bernardino County.

August 10, 2024: Last day for submission of corrections to San Bernardino County.

The City has formed sixty-nine (69) such assessment districts.

Packet Page. 573
2021-2025 Strategic Targets and Goals
This project is consistent with Goal No 1. Improved Operational & Financial Capacity and Goal No. 4 Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
There is no fiscal impact to the City. The assessment on properties within the Assessment Districts provide revenue to offset the cost of maintenance of public improvements to serve the development projects. The engineering reports set forth the “Maximum Allowable Assessment” for each parcel.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California, adopt Resolution No. 2024-080 of the Mayor and City Council of the City of San Bernardino, California, initiating the proceedings to levy and collect assessments for FY 2024/25 in Assessment Districts pursuant to the Constitution and the City Charter, appointing the Engineer of Record, and ordering preparation of Engineer's Report.

Attachments
Attachment 1 – Resolution 2024-080 Initiating Proceedings to Levy and Collect Assessments for FY 2024/25, Appointing the Engineer of Record, and Ordering the Engineer’s Report
Ward:

All Wards
Synopsis of Previous Council Actions:

Mayor and City Council previously formed sixty-nine Assessment Districts.

Packet Page. 574
Resolution No. 2024-_____
Resolution No. 2024-____
May 1, 2024

Page 1 of 4 ends

RESOLUTION NO. 2024-_____

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

INITIATING PROCEEDINGS TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 2024-25 IN

ASSESSMENT DISTRICTS PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972,

APPOINTING THE ENGINEER OF RECORD, AND
ORDERING PREPARATION OF ENGINEER’S REPORTS
WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has previously determined that the public interest, convenience, and necessity require the installation, construction, and maintenance of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant facilities within the City of San Bernardino (the “City”), as authorized by the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the “Act”) and has established the following assessment districts (the “Assessment Districts”) within the City: Assessment District No. 951 Zone 1 and Zone 2 (Wagonwheel Road Area), Assessment District No. 952 Zone 1, Zone 2, Zone 2A and Zone 3 (State College Area), Assessment District No. 953 (16th Street), Assessment District No. 956 (Carnegie Drive Area), Assessment District No. 959 Zone 1 (Shandin Hills), Assessment District No. 962 (Pine Avenue Area), Assessment District No. 963 (Allen Street), Assessment District No. 968 (Airport Drive), Assessment District No. 974 (Rialto Avenue between Eucalyptus and Pepper), Assessment District No. 975 (Pepper and Mill Area), Assessment District No. 976 (Pine and Belmont), Assessment District No. 981 (Meridian and Randall Avenue), Assessment District No. 982 (Piedmont Drive Area), Assessment District No. 986 (Rialto and Macy Area), Assessment District No. 989 (Mill and Macy Area), Assessment District No. 991 (Verdemont and Olive Area), Assessment District No. 993 (Cajon and June Area), Assessment District No. 997 (Chestnut Area), Assessment District No. 1001 (Pennsylvania and Birch Area), Assessment District No. 1002 (North “H” Street Area), Assessment District No. 1005 (Cajon and Pepper Linden Area), Assessment District No. 1007 (Pepper and Randall Area), Assessment District No. 1012 (Mill/Burney Area), Assessment District No. 1016 (Coulston Area), Assessment District No. 1017 (Kendall and Pine Area), Assessment District No. 1019 (Northpark and Mountain Area), Assessment District No. 1020 (Mill Street and Dallas Avenue Area), Assessment District No. 1022 Zone 1, Zone 2 and Zone 3 (San Bernardino International Airport/Alliance-California), Assessment District No. 1023 (Elm Avenue and Coulston Street Area), Assessment District No. 1024 (Inland Center Drive and Riverwalk Drive Area), Assessment District No. 1025 (Palm Avenue and Washington Avenue Area), Assessment District No. 1027 (Waterman Avenue and Washington Street Area), Assessment District No. 1028 (Ohio Avenue and Walnut Avenue Area), Assessment District No. 1029 (California Street and 16th Street Area), Assessment District No. 1030 (Magnolia Avenue and Ohio Avenue Area), Assessment District No. 1031 (Irvington Avenue and Olive Avenue Area), Assessment District No. 1032 (Palm Avenue and Verdemont Drive), Packet Page. 575
Resolution No. 2024-_____
Resolution No. 2024-____
May 1, 2024

Page 2 of 4 ends

Assessment District No. 1035, Zone 1 and Zone 2 (Palm Avenue and Meyers Road), Assessment District No. 1036 (Northpark Boulevard and Campus Parkway), Assessment District No. 1037 (Belmont Avenue and Magnolia Avenue), Assessment District No. 1038 (Orange Show Road and Arrowhead Avenue), Assessment District No. 1039 (Irvington Avenue and Chestnut Avenue Area), Assessment District No. 1040 (Arcacia Avenue and Hill Drive Area), Assessment District No. 1041 (Magnolia Avenue and Ohio Avenue Area), Assessment District No. 1042 (Shandin Hills Drive and Shady Creek Drive), Assessment District No. 1043, Zone 1 and Zone 2 (Palm Avenue and Irvington Avenue Area), Assessment District No. 1045 (Waterman Avenue and Orange Show Road Area), Assessment District No. 1046 (Northpark Boulevard and Northstar Avenue Area), Assessment District No. 1047 (Ohio Avenue and Pine Avenue Area), Assessment District No. 1048 (Eucalyptus Avenue and Randall Avenue Area), Assessment District No. 1050 (Pepper Avenue and Rialto Avenue Area), Assessment District No. 1052 (Belmont Avenue and Chestnut Avenue Area), Assessment District No. 1054 (Campus Parkway and Valles Drive Area), Assessment District No. 1055 (Pine Avenue and Redwood Street Area), Assessment District No. 1056 (Magnolia Avenue and Garfield Street Area), Assessment District No. 1057 (Cajon Boulevard and University Parkway Area), Assessment District No. 1059 (Orange Show Road and Tippecanoe Avenue Area), Assessment District No. 1060 (Chiquita Lane and Date Street Area), Assessment District No. 1063 (Central Avenue and Lena Road Area), Assessment District No. 1064 (Cajon Boulevard and Glen Helen Parkway Area), and Assessment District No. 1068 (Tippecanoe Avenue and Central Avenue Area); and
WHEREAS, the City Council has determined that the public interest, convenience, and necessity require the continued levy of assessments within the Assessment Districtsfor the purpose of installing, constructing, operating, and maintaining public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant facilities authorized by the Act.

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 Council hereby initiates proceedings pursuant to the Act to levy and collect annual assessments within the Assessment Districts for the maintenance, servicing and operating of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant facilities during fiscal year 2024-25.

SECTION 3. The maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of public landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains.

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Resolution No. 2024-_____
Resolution No. 2024-____
May 1, 2024

Page 3 of 4 ends

SECTION 4. The proceedings for the annual levy of the assessments are to be conducted pursuant to the Act.

SECTION 5. Spicer Consulting Group, LLC is hereby appointed as Engineer of Record for the purpose of preparing the written report provided for in Section 22567 of the Streets and Highways Code with respect to the levy of assessments for fiscal year 2024-25 for each of the Assessment Districts, and is hereby directed to prepare and file such reports with the City Clerk.

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

SECTION 7. 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 that have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of May, 2024.
____________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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Resolution No. 2024-_____
Resolution No. 2024-____
May 1, 2024

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-____, adopted at a regular meeting held on the 1st day of May, 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 ____ day of ________, 2024.
______________________________
Genoveva Rocha, City Clerk
Packet Page. 578

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 1, 2024
To: Honorable Mayor and City Council Members
From: Charles A. Montoya, City Manager
Barbara Whitehorn, Director of Finance & Management
Services
Department: Finance & Management Services
Subject: Resolutions Updating the Bank and Investment
Account Signature Authority (All Wards)
Recommendation:

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

1. 2024-081 – Wells Fargo Bank, City;

2. 2024-082 – Wells Fargo Bank, Successor Agency;

3. 2024-083 – U.S. Bank, City;

4. 2024-084 – U.S. Bank, Successor Agency;

5. 2024-085 – BNY (Bank of New York) Mellon, City;

6. 2024-086 – BNY (Bank of New York) Mellon, Successor Agency;

7. 2024-087 – Citizens Business Bank, Successor Agency;

8. 2024-088 – Local Agency Investment Fund (LAIF), City; and

9. 2024-089 – Authorized Brokers or Dealers for the City and Successor Agency.

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

Background
The City and Successor Agency must update bank and investment account signature authorizations on file with the various financial institutions that hold City and Successor Packet Page. 579
Agency funds as personnel and organizational changes occur.

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

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

1. Wells Fargo Bank, City;

2. Wells Fargo Bank, Successor Agency;

3. U.S. Bank, City;

4. U.S. Bank, Successor Agency;

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

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

7. Citizens Business Bank, Successor Agency; and

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

Resolutions (#s 1 through 8) have been prepared for the various banking and investment accounts to change the signature authority.

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

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

As such, in April 2021 the City authorized the services of the following broker/dealers to aid in day-to-day investment activities. Resolution (#9) has been prepared to authorize City designated personnel to carry out investment activities through the use of the following broker/dealers:
i. Cantor Fitzgerald;
ii. Higgins Capital Management;
iii. Raymond James; and
iv. Stifel.
2021-2025 Strategic Targets and Goals
Approval of the aforementioned resolutions align with Key Target No. 1: Financial & Operational Capacity by ensuring that the financial and administrative requirements to Packet Page. 580
continue day-to-day operations in the Finance department are completed and kept up to date.

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

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

1. 2024-081 – Wells Fargo Bank, City;

2. 2024-082 – Wells Fargo Bank, Successor Agency;

3. 2024-083 – U.S. Bank, City;

4. 2024-084 – U.S. Bank, Successor Agency;

5. 2024-085 – BNY (Bank of New York) Mellon, City;

6. 2024-086 – BNY (Bank of New York) Mellon, Successor Agency;

7. 2024-087 – Citizens Business Bank, Successor Agency;

8. 2024-088 – Local Agency Investment Fund (LAIF), City; and

9. 2024-089 – Authorized Brokers or Dealers for the City and Successor Agency Attachments

1. Resolution 2024-081 – Wells Fargo Bank, City

2. Resolution 2024-082 – Wells Fargo Bank, Successor Agency

3. Resolution 2024-083 – U.S. Bank, City

4. Resolution 2024-084 – U.S. Bank, Successor Agency

5. Resolution 2024-085 – BNY (Bank of New York) Mellon, City

6. Resolution 2024-086 – BNY (Bank of New York) Mellon, Successor Agency

7. Resolution 2024-087 – Citizens Business Bank, Successor Agency

8. Resolution 2024-088 – Local Agency Investment Fund (LAIF), City

9. Resolution 2024-089 – Authorized Brokers or Dealers for the City and Successor Agency
Ward:

All Wards
Synopsis of Previous Council Actions:
11-01-2023 Mayor and City Council approved Bank signatories.

Packet Page. 581
Resolution No. 2024- 081
May 1, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-081

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

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

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

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

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

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

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

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

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is Packet Page. 582
Resolution No. 2024- 081
Resolution No. 2024- 081
May 1, 2024

Page 2 of 3 ends

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of May, 2024.

Helen Tran, Mayor,
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 583
Resolution No. 2024- 081
Resolution No. 2024- 081
May 1, 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. 2024-081, adopted at a regular meeting held on the 1st day of May, 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 day of 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 584
Resolution No. 2024-082
May 1, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-082

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO AUTHORIZING SIGNATORIES FOR

WELLS FARGO BANK ACCOUNTS FOR THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

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

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

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

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

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

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

Position Individual Name
Deputy City Manager Asusena H. Soren
Director of Finance and Management Services
Director of Human Resources
Barbara Whitehorn
Andrea Russell
Deputy Director of Finance Cynthia Jeannie Abano Fortune Packet Page. 585
Resolution No. 2024-082
Resolution No. 2024-082
May 1, 2024

Page 2 of 3 ends

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

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

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

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

APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the City Clerk this 1st day of May, 2024.

Helen Tran, Mayor City
of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 586
Resolution No. 2024-082
Resolution No. 2024-082
May 1, 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. 2024-082, adopted at a regular meeting held on the 1st day of May, 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 day of 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 587
Resolution No. 2024-083
May 1, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-083

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

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

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

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

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

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

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

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is Packet Page. 588
Resolution No. 2024-083
Resolution No. 2024-083
May 1, 2024

Page 2 of 3 ends

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 1st day of May, 2024.

Helen Tran, Mayor,
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 589
Resolution No. 2024-083
Resolution No. 2024-083
May 1, 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. 2024-083, adopted at a regular meeting held on the 1st day of May, 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 day of 2024.

Genoveva Rocha, CMC, City Clerk
Packet Page. 590
Resolution No. 2024-084
May 1, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-084

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

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

BANK ACCOUNTS FOR THE SUCCESSOR AGENCY TO

THE FORMER REDEVELOPMENT AGENCY OF THE

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

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

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

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

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

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

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

Position Individual Name
Deputy City Manager Asusena H. Soren
Director of Finance and Management Services Barbara Whitehorn Director of Human Resources Andrea Russell
Deputy Director of Finance Cynthia Jeannie Abano Fortune Packet Page. 591
Resolution No. 2024-084
Resolution No. 2024-084
May 1, 2024

Page 2 of 3 ends

Mayor and City CouncilMay 1, 2024

Mayor and City Council
May 1, 2024