Agenda packet — Mayor and City Council, June 5, 2024 (part 3 of 5)

RESOLUTION NO. 2024-118

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CALLING FOR THE HOLDING OF A GENERAL

MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN

OFFICERS AS REQUIRED BY THE PROVISIONS OF THE

SAN BERNARDINO CITY CHARTER
WHEREAS, under the provisions of the San Bernardino City Charter, a General Municipal Election shall be held on November 5, 2024, for the purpose of a run-off election to elect Members of the City Council from Wards 5 and 7 for the full term of four years.

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. That pursuant to the requirements of the San Bernardino City Charter, there is called and ordered to be held in the City of San Bernardino, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of a run-off election to elect Members of the City Council from Wards 5 and 7 for the full term of four years.

SECTION 3. That the City Clerk is authorized, instructed, and directed to coordinate with the County of San Bernardino to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of June 2024.

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Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-118, adopted at a regular meeting held on the 5th day of June 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 June 2024.

Genoveva Rocha, CMC, City Clerk
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RESOLUTION NO. 2024-119

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF SAN BERNARDINO CONSOLIDATE A

GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL

ELECTION TO BE HELD ON THE SAME DATE
PURSUANT TO § 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of San Bernardino called a General Municipal Election to be held on November 5, 2024, for the purpose of a run-off election to elect Members of the City Council from Wards 5 and 7 for the full term of four years. and WHEREAS, it is desirable that the General Municipal election be consolidated with the Statewide General election to be held on the same date and that within the city the precincts, polling places (vote centers) and election officers of the two elections be the same, and that the county election department of the County of San Bernardino canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

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. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 5, 2024, for the purpose of the election of two (2) Members of the City Council, for the full term of four (4) years.

SECTION 3. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.

SECTION 4. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election.

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SECTION 5. That the City of San Bernardino recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of San Bernardino.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

SECTION 8. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 9. 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 10. 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 5th day of June 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-119, adopted at a regular meeting held on the 5th day of June 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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Resolution 2024-120
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RESOLUTION NO. 2024-120

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE PERTAINING TO CANDIDATE

STATEMENTS SUBMITTED TO THE VOTERS AT AN
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,
2024
WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the optional candidate statement; and WHEREAS, Section 13307(b) of the California Elections Code states that the Statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing; and
WHEREAS, the City Clerk is responsible for enforcing formatting requirements that exceed those acceptable by the County and wishes to streamline the review process by imposing limits relating to the format of candidate statements to block format, and prohibit Bolding, Capitalized Words, Italics, and Underlining. The City Clerk has final sign-off and approval of all candidate statements for elected city offices in accordance with state and local law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN

BERNARDINO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. General Provisions. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of San Bernardino on Tuesday, November 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

The City Clerk shall require each candidate filing a statement to pay a deposit in advance, as a condition of having his or her statement included in the voters' pamphlet.

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SECTION 2. Foreign Language Policy.

A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of San Bernardino. The County is required to translate candidate’s statements into the following languages: Spanish.

B. The County will print and mail sample ballots and candidate statements to all voters in English and Spanish. The County will make the sample ballots and candidates statements in the required languages available at all polling places, on the County’s website, and in the City Clerk’s Department for the City of San Bernardino.

SECTION 3 Endorsements. It is the policy of the San Bernardino County Registrar of Voters that any named individual or specific organization listed as an endorsement in a candidate statement must be verified by the City Clerk of the City of San Bernardino as endorsing the candidate prior to printing in the Voter Information Guide and Sample Ballot. Verification of the endorsement must be in the form of a copy of a letter of endorsement, or in a direct communication from the endorser to the City Clerk in the form of email or mailed correspondence. All endorsements or verification of endorsements from an individual or organization of a candidate must be submitted to the City Clerk no later than 5 PM on the last day of the filing period for review and verification. The verified endorsements will then be provided to the San Bernardino County Registrar of Voters.

SECTION 4. Payment.

A. Translations:

1. The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in (A) and/or (B) of Section 2 above pursuant to Federal and\or State law.

2. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language that is not required as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate.

B. Printing:

1. The candidate shall be required to pay for the cost of printing the candidate’s statement in English in the main voter pamphlet.

2. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet.

3. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet.

4. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required by (A) of Section 2 above, in the facsimile voter pamphlet.

The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a Packet Page. 504
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statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. An estimated payment is required, and the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

SECTION 5. Miscellaneous.

A) All translations shall be provided by professionally certified translators.

B) The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

SECTION 6 . Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package.

SECTION 7. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 8. That all previous resolutions establishing council policy on payment for candidate statements are repealed.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

SECTION 10. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 11. 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 12. 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 5th day of June 2024.

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Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-120, adopted at a regular meeting held on the 5th day of June 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Mary Alvarez-Gomez, Grants Division Manager
Department: City Manager's Office
Subject: Approve Contract Amendment No. 3 with Renne
Public Policy Group (RPPG) for Grant Writing
Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 3 to the agreement between the City of San Bernardino and Renne Public Policy Group (RPPG), to extend and increase the agreement for grant consultation services for an amount not to exceed $98,000 for the extension period of July 1, 2024 through June 30, 2025.

Executive Summary
Renne Public Policy Group has provided Grant Resource Development Services to the City since May 2022. The amendment will provide continuity of grant writing services through June 30, 2024.

Background
On December 14, 2021, the City of San Bernardino (“City”) released a Request for Proposal for Grant Resource Development Services. The RFP closed on January 3, 2022. The bidder awarded was Renne Public Policy Group (RPPG). The Professional Service Agreement (PSA) was executed for an amount not to exceed $46,000 for the period of May 9, 2022 through December 1, 2022 to provide grant consultation services to the City.

On November 2, 2022, Amendment No. 1 to PSA was approved to extend and increase the agreement for a total contract amount not to exceed $96,250 for an additional 6- month period, through June 30, 2023. No other provisions of the agreement were changed.

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On June 21, 2023, Amendment No. 2 to PSA was approved to extend and increase the agreement for a total contract amount not to exceed $182,250 for an additional 1- year period, through June 30, 2024. No other provisions of the agreement were changed.

Discussion
The City of San Bernardino (City) has engaged with RPPG over the past two years for grant writing consultation services. RPPG meets monthly with staff to discuss potential grant funding opportunities and supports researching minimum qualifications and project specifications as needed, works with various staff to facilitate information gathering to articulate the “San Bernardino story” and assists in the grant application preparation. RPPG has assisted the City with 25 grant application submissions. To date, 8 of the applications were successfully awarded totaling over $14M in grant funds, and 6 applications are currently pending award results with potential for an additional $7.9M in funds if awarded.

Approval of the extension will allow RPPG to continue supporting the City with grant writing services. As of the writing of this report, the Grants Division is developing applications for 9 grant opportunities with support from RPPG. To maximize success in receiving grant awards RPPG’s services are crucial in the success of receiving additional funding to meet the critical needs of the community. RPPG has hired staff locally to assist in the development of grant applications and provides access to a team of experienced grant writers with expertise in developing projects for parks, infrastructure, economic development, and public safety drawing from their professional backgrounds working in both the private and public sectors. 2021-2025 Strategic Targets and Goals
The proposed Amendment No. 3 to the Professional Service Agreement between the City and RPPG aligns with Key Target Goal No. 1: Improved Operational and Financial Capacity by supporting the City’s ongoing work to secure additional revenue sources.

Fiscal Impact
There is no impact to the General Fund. The operating budget for Fiscal Year 2024/25 will have sufficient funds available to fully fund the agreement.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 3 to the agreement between the City of San Bernardino and Renne Public Policy Group (RPPG), to extend and increase the agreement for grant consultation services for an amount not to exceed $98,000 for the extension period of July 1, 2024 through June 30, 2025.

Attachments
Attachment 1 – Amendment No. 3 to PSA – RPPG
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Ward:

All Wards
Synopsis of Previous Council Actions:

November 2, 2022 The Mayor and City Council authorized the first amendment to the PSA with RPPG in an amount not to exceed $96,250.

June 21, 2023 The Mayor and City Council authorized the second amendment to the PSA with RPPG in an amount not to
exceed $86,000 for a grand total amount of $182,250.

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AMENDMENT NO. 3 TO

PROFESSIONAL SERVICE AGREEMENT

WITH RENNE PUBLIC POLICY GROUP (RPPG)
This Amendment No. 3 to the Agreement for Grant Development Services is made and entered into as of July 1, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Renne Public Law Group, DBA Renne Public Policy Group, a California Limited Liability Partnership (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated May 9, 2022, for the purpose of providing Grant Development Services (the “Master Agreement”)
B. WHEREAS, the City and the Consultant have entered into an Amendment No. 3 to the Master Agreement, dated July 1, 2024 for the purpose of amending the Scope of Work, Compensation, and Term of the Master Agreement.

C. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional term of twelve (12) months, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 3 and the Master 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. Term. The term of the Master Agreement shall be extended for an additional term of twelve (12) months through June 30, 2025, unless earlier terminated.

3. Services. The services provided to the City is amended and detailed in Exhibit “A-3”. Exhibit “A-3” is attached hereto and is added to the Master Agreement.

4. Compensation. The compensation for services performed pursuant to this Amendment No. 3 shall not exceed NINETY-EIGHT THOUSAND DOLLARS ($98,000), thereby the total not to exceed compensation of the Master Agreement to the amount of TWO HUNDRED EIGHTY THOUSAND TWO HUNDRED FIFTY DOLLARS ($280,250).

Work shall be performed at the rates set forth in the Pricing Schedule in Exhibit “A-3” attached hereto and added to the Master Agreement.

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5. Full Force. Except as amended by this Amendment No. 3, all provisions of the Master 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. 3.

6. Electronic Transmission. A manually signed copy of this Amendment No. 3 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. 3 for all purposes. This Amendment No. 3 may be signed using an electronic signature.

7. Counterparts. This Amendment No. 3 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. 3 TO THE PROFESSIONAL SERVICE AGREEMENT

WITH RENNE PUBLIC POLICY GROUP (RPPG)
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 3 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton
Acting City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

RENNE PUBLIC LAW GROUP, DBA

RENNE PUBLIC POLICY GROUP
Signature
Johnathan V. Holtzman
Name
Founding Partner
Title
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EXHIBIT A-3

SCOPE OF SERVICES/PRICING SCHEDULE
The consultant will provide an all-inclusive service offering with no limit on the number of grant submissions for a monthly retainer fee structure based on the monthly rate specified within “Exhibit A-3.” RPPG will be available upon request for meetings with staff, Mayor and City Council, strategic planning, capacity building activities, and on-call grant research.

The Grant Resource Development Services will provide prompt professional services, on an as needed basis for all assigned projects. The consultant will provide services in accordance with the Implementation Plan below:

SCOPE OF SERVICES
July 1, 2024 – June 30, 2025
# Activity Duration/Frequency
1 Provide Grant Writing, Research, and Project
Management services to the City of San Bernardino.

Continuous
2a Notification of funding opportunities relevant to the City’s priorities and needs.

Continuous
2b Review of funding opportunities upon staff request. Continuous 3 Send monthly Grant Activities Report to the City’s
designated point(s) of contact.

The first week of each
month
4 Attending monthly meetings with the City’s
designated point(s) of contact to track progress on
grant-seeking activities and review upcoming
opportunities.
1 hour, recurring monthly
5 Send Annual Report to the City’s designated point(s)
of contact.

Annually, in June of the
current contract period
6* Schedule and provide capacity building training
sessions for City staff (Maximum three times per
session per year).

Upon Request*

PRICING SCHEDULE
July 1, 2024 – June 30, 2025
The consultant will provide an all-inclusive service offering with no limit on the number of grant submissions, strategic planning, capacity building activities, and on-call grant research for a monthly retainer fee of $7,500.

Training Costs
Under Option 6, the Grant Literacy, Grant Writing, and Grant Management training will be billed as an additional charge to the City. Each training will be billed at a rate of $1,250 per session, with a cap of three offerings per course (maximum cost of $7,500 annually).

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If the City requests the consultant travel to in-person meetings and events, the City will reimburse the consultant for the cost of travel, in accordance with the City’s travel policy.

Mileage reimbursement will be based on the 2024 standard mileage rate set by the Internal Revenue Service.

Per the City’s Travel Authority Policy, Direct Vendor Payments:
“Are made by the city to an organization to pay for specific costs related to a trip. These are usually registration fees, lodging, or airfare and can be paid through accounts payable or through the use of a City P-Card.”
Pricing Table
Description Unit of Measure Price
All-Inclusive Service Monthly Retainer $7,500
Estimated Total Monthly Retainer fees for 12 months
(July 1 -2024 – June 30, 2025)
$90,000
Training Per Course $1,250
Training is offered as requested. Each training will be billed at a rate of $1,250 per session, with a cap of three offerings per course (Maximum cost of $7,500 annually for the training series).
$7,500
Mileage Reimbursement
(2024 IRS Mileage Rate)
Per mile driven for business use
*For in-person meetings and events
$0.67
Estimated total reimbursement for travel to meetings and events $500 Total Estimated Cost: $98,000
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Joshua Dramitinos, Deputy Director of Economic Development Department: City Manager's Office
Subject: Amendment No. 1 to the Professional Services
Agreement with Kosmont Real Estate Services (All
Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize Amendment No. 1 to the Professional Services Agreement with Kosmont Real Estate Services, a California Corporation, for Pre-Disposition Real Estate Advisory/Due Diligence Services, extending the Agreement until June 21, 2025; and authorize the City Manager to execute Amendment No. 1 with Kosmont Real Estate Services.

Executive Summary
The recommended action will extend the term of the Professional Services Agreement with Kosmont Real Estate Services, a California Corporation, for one additional year. through June 21, 2025.

Background
The City is seeking real estate advisory services from Kosmont Realty, a California Corporation, for the future disposition, sale, and development of the property located at 295 Carousel Mall (Carousel Mall Property), as well as other potential City-owned properties. These services would include initial property due diligence, assistance in achieving Surplus Land Act (SLA) compliance, and assistance with any public-private negotiations that may follow. Kosmont Realty is a licensed California brokerage firm with extensive experience in property transactions between public agencies and private parties. Additionally, Kosmont Realty is a partner with the League of California Cities (of which the City is a member) and they have performed real estate advisory services for many municipalities including Inglewood, Hollywood, Redondo Beach, Norco, and Santa Ana.

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Discussion
Amendment No. 1 to The Professional Services Agreement (“Agreement”) will continue to authorize Kosmont to perform pre-disposition real estate advisory and due diligence services on City-owned properties and will maintain the original not-to-exceed contract amount of $90,000. These advisory and due diligence services include evaluating the marketability of City-owned properties, navigating the regulatory requirements of the SLA for those properties, and assisting the City in evaluating the notices of interest that are submitted in response to a Notice of Availability.
2021-2025 Strategic Targets and Goals
Amendment No. 1 to the Professional Services Agreement with Kosmont Companies is consistent with Key Target No 1b: Continue to seek opportunities to secure longterm revenue sources.

Fiscal Impact
There is no General Fund impact associated with this action. Sufficient funding already exists in the Professional Contractual Services budget for the City Manager’s Office.

The original not to exceed contract amount of $90,000 will remain in effect.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize Amendment No. 1 to the Professional Services Agreement with Kosmont Real Estate Services, a California Corporation, for Pre-Disposition Real Estate Advisory/Due Diligence Services, extending the Agreement until June 21, 2025; and authorize the City Manager to execute Amendment No. 1 with Kosmont Real Estate Services.

Attachments
Attachment 1 – Amendment No. 1 to the Professional Services Agreement Attachment 2 – Professional Services Agreement with Kosmont Real Estate Services
Ward:

All Wards
Synopsis of Previous Council Actions:

June 21, 2023 The Mayor and City Council approved a Professional Services Agreement with Kosmont Real Estate Services for Real Estate Advisory and Due Diligence Services.

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1 AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND KOSMONT REAL ESTATE SERVICES D/B/A KOSMONT REALTY
This Amendment No. 1 to the Professional Servies Agreement is made and entered into as of June 5, 2024 (“Effective Date”) by and between the City of San Bernardino (“City”) and Kosmont Real Estate Services / DBA Kosmont Realty (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties”.

RECITALS
A. WHEREAS, the City and Consultant have entered into an agreement dated June 21, 2023, for consulting services related to Pre-disposition Real Estate Advisory/Due Diligence Services (the “Original Agreement”).

B. WHEREAS, the Parties now desire to amend the Original Agreement in order to extend the term by twelve months (12), through June 21, 2025.

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 above are true and correct and are hereby incorporated herein by this reference.

2. Term. The Original Agreement is hereby extended for an additional twelve (12) months through June 21, 2025, unless earlier terminated.

3. 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.

4. 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.

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2 5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute am original.

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:

Rochelle Clayton
Acting City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

KOSMONT REAL ESTATE SERVICES

D/B/A KOSMONT REALTY
APPROVED BY:

Larry J. Kosmont, CRE
Chairman & CEO
ATTESTED BY:

Kelly Aguilar
Secretary
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development and
Housing
Department: Community Development and Housing
Subject: Amendment Number Nine to the Consulting Services Agreement with Willdan Engineering for Plan Review,
Inspection, Stormwater Management, And Counter
Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 9 to the Consulting Services Agreement with Willdan Engineering for Plan Review, Inspection, Stormwater Management, and Counter Services.

Executive Summary
Willdan has submitted a proposal requesting a contract amendment to adjust the “as needed” or required additional services hourly rate schedule, to current industry standard costs. Per the agreement, the percentage of fee plan review will be charged through three reviews including approval. Subsequent reviews, if required, will be charged based on the hourly rate schedule.

Background
The Community Development and Housing Department strives to provide next-day building inspection services and a 10-day turnaround on plan review services for all projects. Due to the cyclic nature of construction activity and the broad expertise necessary for the proper review of construction drawings, the City contracts with outside companies for specialized plan reviews and inspection services related to building and safety. These resources are needed to provide acceptable levels of Packet Page. 541
service to the public.

On September 2, 2014, the Mayor and City Council approved the original Consultant Services Agreement with Willdan Engineering, (Resolution 2014-327) to provide building inspection and counter technician services to keep pace with the increase in plan check submittals and building inspections requests. This agreement has been amended multiple times to allow for on-going increases in development activities that have occurred over the last 10 years. Since the last amendment to the agreement with Willdan was approved, the Community Development and Housing Department completed a Request for Proposal (RFP) to solicit interest from professional consulting firms that provide on-call contract services related to building plan check, inspection, and staffing services.

On August 18, 2021, the Mayor and City Council adopted Resolution No. 2021- 204, authorizing the City Manager to execute the eighth amendment to the Professional Services Agreement between the City of San Bernardino and Willdan Engineering for plan review, inspection, stormwater management and counter services, increasing the contract by $650,000 for services rendered during FY 2020/21. This increase was required to keep pace with increases in plan check submittals and building inspection requests.

On that same meeting (August 18, 2021), the Mayor and City Council also adopted Resolution No. 2021-205 approving the award of a three-year Professional Services Agreements between the City and Willdan Engineering, the City and Interwest Consulting Group and the City and 4Leaf to include two (2) one-year extension options for plan check, building inspection and staffing services.

Discussion
Willdan’s proposed increase to the hourly rate schedule modifies the currently established hourly rate in the executed agreement which has not been updated or increased since 2014 when the first Professional Services Agreement was executed.

Exhibit “A” of Amendment Number Nine, to the Consulting Services Agreement with Willdan, only addresses the hourly rate schedule. No other aspect of the agreement is being amended. It should be noted that the proposed hourly rate schedule is deemed additional services that are not part of the agreed percentage-based schedule of services. This hourly rate schedule only applies as needed, specifically after the third plan check.
2021-2025 Strategic Targets and Goals
The contract amendment is consistent with Key Target No. 1b: Improved Financial & Operational Capacity - Implement, maintain, and update a fiscal accountability plan and create a framework for spending decisions. Specifically, the hourly rate schedule increase is being proposed to align with current 2024 industry cost standards for subsequent plan check or plan review, only if it is required. Providing this service improves customer service and facilitates economic growth.

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Fiscal Impact
There is no fiscal impact to the General Fund with this action. This amendment only applies to the proposed hourly rate schedule increase in the current Professional Services Agreement with Willdan. The fees are currently being paid by the applicant and will continue to the paid by an applicant for a building permit plan check after the third plan check by Willdan.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 9 to the Consulting Services Agreement with Willdan Engineering for Plan Review, Inspection, Stormwater Management, and Counter Services.

Attachments
Attachment 1 Amendment No. 9 of the PSA with Wildan Engineering Attachment 2 PSA with Willdan Engineering
Attachment 3 Resolution 2021-204 & 2021-205 authorizing Amendment No. 8 with Willdan Engineering
Attachment 4 Amendment No. 6 with Willdan Engineering
Attachment 5 Amendment No. 5 with Willdan Engineering
Attachment 6 Amendment No. 4 with Willdan Engineering
Attachment 7 Amendment No. 3 with Willdan Engineering
Attachment 8 Willdan Consultant Services Agreement 2014-366 Ward:

All Wards
Synopsis of Previous Council Actions:

September 2, 2014, Resolution 2014-327 approving a Consultant Services Agreement with Willdan Engineering and CSG Consultants, Inc. to provide building inspection and counter technician services to keep pace with the increase in plan check submittals and building inspections requests. The Agreement also includes services for Plan Review, Inspection, Stormwater Management, Fire and Life Safety Plan Review, Building Official and Counter Services not to exceed $355,000.00.

February 7, 2015, Resolution 2015-28 approving amendment two to increase the contract amount of the Professional Services Agreement with Willdan Engineering by $180,000.00 (increases the total amount of the agreement to $535,000.00).

March 21, 2016, Resolution 2016-51 approving amendment three to increase the contract amount of the Professional Services Agreement with Willdan Engineering in the amount not to exceed $705,000.00.

July 18, 2016, Resolution 2106-147 approving amendment four to increase the Packet Page. 543
contract amount of the Professional Services Agreement with Willdan Engineering in an amount not to exceed $835,000.00.

July 5, 2017, Resolution 2017-121 approving amendment five to increase the contract amount of the Professional Services Agreement with Willdan Engineering in an amount not to exceed $1,190,000.00.

June 5, 2019, Resolution 2019-151 approving amendment six to increase the contract amount of the Professional Services Agreement with Willdan Engineering in an amount not to exceed $1,500,000.00 for a term ending September 30, 2019, with two six-month extensions.

October 7, 2020, Resolution 2020-247 approving amendment seven to the Professional Services Agreement with Willdan Engineering for a period of six months with an additional three months to cover any unforeseen circumstances.

On August 18, 2021, the Mayor and City Council of the City of San Bernardino, California, Adopted Resolution No. 2021-204, authorizing the City Manager to execute the eighth amendment to the Professional Services Agreement between the City of San Bernardino and Willdan Engineering for plan review, inspection, stormwater management and counter services, increasing the contract by $650,000 for services rendered during FY 2020/21 required to keep pace with increases in plan check submittals and building inspection requests (increases the total amount of the contract to $2,150,000.00).

On August 18, 2021, the Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2021-205 approving the award of a three-year Professional Services Agreements between the City of San Bernardino and Willdan Engineering, the City of San Bernardino and Interwest Consulting Group and the City of San Bernardino and 4Leaf to include two (2) one-year extension options for plan check, building inspection and staffing services.

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AMENDMENT NUMBER NINE TO THE CONSULTING SERVICES AGREEMENT WITH

WILLDAN ENGINEERING FOR PLAN REVIEW, INSPECTION, STORMWATER

MANAGEMENT, AND COUNTER SERVICES
THIS AMENDMENT NUMBER NINE TO AGREEMENT is made and entered into this 5th day of June 2024, by and between the CITY OF SAN BERNARDINO, CALIFORNIA, a charter city (CITY) and WILLDAN ENGINEERING (CONSULTANT).

WITNESSETH:

WHEREAS, CITY and CONSULTANT entered into the Original Consulting Services Agreement on October 20, 2014;
WHEREAS, July 1st, 2021, the original amendment was amended; and WHEREAS, this amendment represents the ninth amendment to the contract; and WHEREAS, CITY and CONSULTANT seek by this Amendment to extend the term of the agreement by one (1) year, with a possible additional one-year extension; and WHEREAS, the extension will commence on July 1, 2024; and WHEREAS, the amendment will also include an updated rate increase included as Exhibit “A”.

NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1. Section 3.1 Term is hereby amended as follows "This Agreement shall commence on the Effective Date and be extended by one (1) year, with a possible additional one-year extension, unless the Agreement is previously terminated as provided for herein."

2. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number One to be executed by and through their respective authorized officers, as of the date first above written.

CITY of SAN BERNARDINO WILLDAN ENGINEERING
Rochelle Clayton Patrick Johnson
Acting City Manager Director of Building & Safety
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Attest: Approved as to form:

Genoveva Rocha Sonia Carvalho
City Clerk City Attorney
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EXHIBIT “A”
Willdan has listed its percentage fee schedule for plan review services based on valuations and hourly rates. Expedited plan review will be charged a 1.35 factor based on the building plan review fee tables below. Percent of fee plan review will be charged through three reviews including approval. Subsequent reviews, if required, will be charged based on our hourly rate schedule.

BUILDING PLAN REVIEW WILLDAN PERCENTAGE
Valuation up to $999,000 65% of fees collected
Valuation of $1,000,000 - $5,000,000 60% of fees collected Valuation of greater than $5,000,000 50% of fees collected

CIVIL PLAN REVIEW WILLDAN PERCENTAGE
All projects 60% of fees collected

SERVICE PROVIDED HOURLY RATE
Plan Check Engineer/Architect $140
ICC Certified Plans Examiner $125
CASp Services $135
Sr. Building Inspector $115
Building Inspector $ 95
Building Official $155
Permit Technician $ 65
Sr. Permit Technician $ 75
Administrative Assistance $ 60
Fire Plans Examiner $135
Fire Inspector $115
Rates will not increase through June 30, 2025. If the Agreement is extended beyond June 30, 2025, Willdan may reserve the right to increase rates once per year per the Consumer Price Index for the San Bernardino County area.

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ATTACHMENTS:

1. Original Consulting Agreement dated October 20, 2014

2. On call professional services agreement dated October 21, 2021

3. Amendment No. 3, dated March 21, 2016,

4. Amendment No. 4, dated July 18, 2016

5. Amendment No. 5, dated July 5, 2017

6. Amendment No. 6, dated June 5, 2019
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development and
Housing
Department: Community Development and Housing
Subject: 2021-2029 Housing Element (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-121, providing direction to City staff to allow projects with at least 20 percent or more units affordable to lower income individuals through a by-right process per, Government Code Section 65583.2, Subdivisions (c), (h), and (i), on sites identified on Table 4-5 of the 2021-2029 Housing Element to be rezoned to accommodate the lower income Regional Housing Needs Allocation (RHNA) and sites in Appendix A that were identified in the prior planning periods.

Executive Summary
This agenda item is a follow-up to the adoption of the 2021-2029 Housing Element to establish Objectives 1.1(c) and (d) in Program 1.1 (RHNA Site Inventory) of the adopted Housing Element as policy.

Background
On February 21, 2024, the Mayor and City Council adopted Resolution No. 2024-035, adopting the Addendum to Final Environmental Impact Report (SCH No. 2004111132) under the California Environmental Quality Act, approving General Plan Amendment 24-01 establishing the Residential Medium High (RMH-30) and Residential High (RH50) Zones, and changing the General Plan Land Use Designation of specific parcels to meet the City’s RHNA, and adopting and implementing the City of San Bernardino 2021-2029 Housing Element (General Plan – Chapter 3).

On March 6, 2024, the Mayor and City Council adopted Ordinance MC-1627, approving Development Code Amendment 24-01 changing the Zoning District Classification of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA).

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Discussion
Following adoption of the 2021-2029 Housing Element and the associated rezonings, staff submitted the Housing Element for a final of compliance. In review of the adopted Housing Element, staff from the Department of Housing and Community Development (HCD) determined that the Housing Element cannot be found in full compliance until the City has completed all actions in Program 1.1 (RHNA Site Inventory). In their letter dated May 10, 2024, HCD staff provided direction to the City to address this issue by establishing, as policy, the requirements of Government Code Section 65583.2, Subdivisions (h) and (i) to demonstrate that staff will permit owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households.

Through this action, no amendments to the adopted Housing Element will be required. 2021-2025 Strategic Targets and Goals
Development Code Amendment 24-01 aligns with Key Target Goal No. 4: Economic Growth & Development; (b) Update the General Plan and Development Code by establishing policy to implement actions taken through the adoption of the 2021-2029 Housing Element.

Fiscal Impact
There will be 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 adopt Resolution No. 2024-121, providing direction to City staff to allow projects with at least 20 percent or more units affordable to lower income individuals through a by-right process per, Government Code Section 65583.2, Subdivisions (c), (h), and (i), on sites identified on Table 4-5 of the 2021-2029 Housing Element to be rezoned to accommodate the lower income RHNA and sites in Appendix A that were identified in the prior planning periods.

Attachments
Attachment 1 Resolution No. 2024-121 (Policy Direction for Specific Residential Development Projects)
Ward:

All Wards
Synopsis of Previous Council Actions:

On February 21, 2024, the Mayor and City Council adopted Resolution No. 2024-035, adopting the Addendum to Final Environmental Impact Report (SCH No. 2004111132) under the California Environmental Quality Act, approving General Plan Amendment 24-01 establishing the Residential Medium High (RMH-30) and Residential High (RH50) Zones and changing the General Plan Land Use Designation of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), and adopting and Packet Page. 591
implementing the City of San Bernardino 2021-2029 Housing Element (General Plan – Chapter 3).

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Resolution No. 2024-121
Resolution No. 2024-121
June 5, 2024

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RESOLUTION NO. 2024-121

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

ESTABLISHING A POLICY FOR THE PROCESSING OF

SPECIFIC RESIDENTIAL DEVELOPMENT PROJECTS

CONSISTENT WITH GOVERNMENT CODE SECTION
65583.2, SUBDIVISIONS (C), (H), AND (I).

WHEREAS, on February 21, 2024, the Mayor and City Council adopted Resolution No. 2024-035, adopting the Addendum to Final Environmental Impact Report (SCH No. 2004111132) under the California Environmental Quality Act, approving General Plan Amendment 24-01 establishing the Residential Medium High (RMH-30) and Residential High (RH-50) Zones and changing the General Plan Land Use Designation of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA), and adopting and implementing the City of San Bernardino 2021-2029 Housing Element (General Plan – Chapter 3); and WHEREAS, on March 6, 2024, the Mayor and City Council adopted Ordinance MC-1627, approving Development Code Amendment 24-01 changing the Zoning District Classification of specific parcels to meet the City’s Regional Housing Needs Allocation (RHNA); and WHEREAS, Government Code Section 65583.2 requires that specific residential development projects shall be allowed through a by-right process on properties identified to accommodate the City’s lower income RHNA.

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, 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 directs City staff to allow projects with at least 20 percent or more units affordable to lower income individuals through a by-right process per, Government Code Section 65583.2, Subdivisions (c), (h), and (i), on sites identified on Table 4-5 of the 2021-2029 Housing Element which have been rezoned (MC-1627) to accommodate the lower income RHNA and sites in Appendix A that were identified in the prior planning periods.

For this purpose, “by-right” means that the City shall not require a Conditional Use Permit, Planned Unit Development Permit, or other discretionary review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity described in this Resolution 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 Packet Page. 593
Resolution No. 2024-121
Resolution No. 2024-121
June 5, 2024

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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. The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings.

SECTION 5. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution 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 Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of June 2024.
__________________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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Resolution No. 2024-121
Resolution No. 2024-121
June 5, 2024

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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 Resolution No. 2024-121, adopted at a regular meeting held at the 5th day of June 2024 by the following vote:

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Joshua Dramitinos, Deputy Director of Economic Development Department: Economic Development
Subject: Amendment No. 2 to the Professional Services
Agreement with SCI Consulting for Cannabis
Monitoring and Financial Audit Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement (PSA) with SCI Consulting, extending the PSA into its fifth and final year for professional consulting services related to Cannabis Monitoring and Financial Audit Services.

Executive Summary
The recommended action will approve the final option of the agreement with SCI Consulting to provide professional consulting services related to cannabis pre-permit issuance inspections, annual audits, regulatory compliance, and to ensure vendor compliance with cannabis business tax reporting, remittance, and applicable laws, extending the term of the PSA to January 31, 2025.

Background
The City of San Bernardino Municipal Code Chapter 5.10 establishes the regulations and standards for Commercial Cannabis Business (CCB) activities within the City. The City Council initially adopted Chapter 5.10 through Ordinance MC-1464 in March 2018.

In October 2018, the City Council amended Chapter 5.10 with Ordinance No. MC1503. The City Council then adopted Resolution 2018-227 to place Ordinance No. MC1503 on the November 2018 ballot for voter approval. In November 2018, the voters approved Ordinance No. MC-1503.

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Under the City of San Bernardino Municipal Code, Chapter 5.10: to operate a commercial cannabis business in the City, a person must obtain a valid CCB Permit from the City and a valid license for the cannabis operation from the State of California Department of Cannabis Control (SBMC, § 5.10.060). The City offers six types of permits: cultivation; distribution; manufacturing; microbusiness; retail; and testing. (SBMC, § 5.10.060). Chapter 5.10 currently caps the number of Commercial Cannabis Business Permits that the City may issue at 17 retail and is unlimited for all other license types.

The City of San Bernardino is responsible for overseeing the management and the monitoring of all permitted commercial cannabis locations under Chapter 5.10 of the City of San Bernardino Municipal Code as amended by Ordinance No. MC-1503.

The PSA with SCI was structured with an initial term of three (3) years and included two (2) one year (1) extension options. The initial term of the PSA was set to expire on January 30, 2023. The City has already exercised the first one-year extension option, extending the PSA through January 31, 2024. Staff recommends that the City exercise the second and final extension option, extending the PSA through January 31, 2025.

Discussion
Both parties have mutually agreed to continue the agreement beyond the current January 31, 2024, expiration date while drafting the final amendment to extend the term of the PSA through January 31, 2025. On February 1, 2024, the City received a written request from SCI to extend the term of the PSA through December 31, 2024 (Attachment 2).

This will be the final extension option allowed under the terms of the PSA. SCI Consulting has been instrumental in assisting the City in providing professional consulting services related to the City-wide Cannabis Program. Amendment No. 2 to the PSA with SCI aims to ratify the extension periods in accordance with the originally agreed-upon terms and memorializes the written request to extend the PSA; extending the PSA through December 31, 2024.
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. The contract amendment and extension will contribute to ensure that the City is clean and attractive while providing the infrastructure designed for long-term economic growth.

Fiscal Impact
There is no fiscal impact associated with the recommended action. There is sufficient funding within the proposed Fiscal Year 2024-2025 Operating Budget.

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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement (PSA) with SCI Consulting, extending the PSA into its fifth and final year for professional consulting services related to Cannabis Monitoring and Financial Audit Services.

Attachments
Attachment 1 PSA with SCI Consulting Group
Attachment 2 Written Request from SCI Consulting Group
Attachment 3 Resolution No. 2020-111 - PSA with SCI Consulting Ward:

All Wards
Synopsis of Previous Council Actions:

December 4, 2019 Mayor and City Council approved a Professional Services Agreement with SCI Consulting Group
June 3, 2020 Mayor and City Council adopted Resolution No. 2020-111 executing a Professional Services Agreement with SCI Consulting for Cannabis Monitoring and Audit Services.

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February 1, 2024
Stephanie Castro
Economic Development Project Manager
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Re: Request for Extension of Cannabis Monitoring and Financial Audit Services Agreement Dear Stephanie:

I am writing on behalf of SCI Consulting Group to formally request an extension of our existing cannabis agreement with the City of San Bernardino. As our existing agreement has reached its expiration, we are seeking a one-year extension, spanning from January 1, 2024, to December 31, 2024.

Thank you for considering our request. We look forward to the opportunity to continue our collaborative efforts with the City of San Bernardino. I can be reached via e-mail at john.bliss@scicg.com or on my cell phone at (707) 208-0940.

Sincerely,
John Bliss, P.E.

President, SCI Consulting Group
4745 Mangels Blvd.

Fairfield, CA 94534
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
C. Jeannie A. Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Investment Portfolio Report for January, February, and March 2024 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment January, February, and March 2024 reports.

Executive Summary
This action is to approve the Investment Portfolio. This is regular business of the Mayor and City Council ensuring that the City invests in compliance with the Mayor and Council approved Investment Policy.

Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. The Director of Finance and Management Services will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy.

Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the months ended January, February, and March 2024.

The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow Packet Page. 704
2 0
8 8
from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements.
2021-2025 Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No.1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.

Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment report.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for January, February, and March 2024.

Attachments
Attachment 1 Investment Portfolio Management Summary Report January, February, and March 2024.

Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Jeannie Fortune, Interim Director of Finance and 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.

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

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

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

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

1. Wells Fargo Bank, City;

2. Wells Fargo Bank, Successor Agency;
Packet Page. 736

3. U.S. Bank, City;

4. U.S. Bank, Successor Agency;

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

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

7. Citizens Business Bank, Successor Agency; and

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

Resolutions (No. 2024-122 through 2024-130) have been prepared for the various banking and investment accounts to implement the changes in signature authority.

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

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

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

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

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

Packet Page. 737
Attachments

1. Resolution No. 2024-122- Wells Fargo Bank, City

2. Resolution No. 2024-123- Wells Fargo Bank, Successor Agency

3. Resolution No. 2024-124- U.S. Bank, City

4. Resolution No. 2024-125- U.S. Bank, Successor Agency

5. Resolution No. 2024-126- BNY (Bank of New York) Mellon, City

6. Resolution No. 2024-127- BNY (Bank of New York) Mellon, Successor Agency

7. Resolution No. 2024-128- Citizens Business Bank, Successor Agency

8. Resolution No. 2024-129- Local Agency Investment Fund (LAIF), City

9. Resolution No. 2024-130– Authorized Brokers or Dealers for the City and Successor Agency
Ward:

All Wards
Synopsis of Previous Council Actions:
05-01-2024 City Council approved Bank signatories of existing personnel at the time.
11-01-2023: City Council approved Bank signatories of existing personnel at the time.

Packet Page. 738
Resolution No. 2024-122
Resolution 2024-122
June 5, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-122

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 Acting City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources 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
Acting City Manager
Deputy City Manager
Rochelle Clayton
Asusena H. Soren
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
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 Packet Page. 739
Resolution No. 2024-122
Resolution 2024-122
June 5, 2024

Page 2 of 3 ends

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of June 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 740
Resolution No. 2024-122
Resolution 2024-122
June 5, 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. 2024-122, adopted at a regular meeting held on the 5th day of June, 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. 741
Resolution No. 2024-123
Resolution 2024-123
June 5, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-123

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 Acting City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources 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
Acting City Manager
Deputy City Manager
Rochelle Clayton
Asusena H. Soren
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
Packet Page. 742
Resolution No. 2024-123
Resolution 2024-123
June 5, 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 5th day of June, 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 743
Resolution No. 2024-123
Resolution 2024-123
June 5, 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. 2024-123, adopted at a regular meeting held on the 5th day of June, 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. 744
Resolution No. 2024-124
Resolution 2024-124
June 5, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-124

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 Acting City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources 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.

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 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 5th day of June 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 746
Resolution No. 2024-124
Resolution 2024-124
June 5, 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. 2024-124, adopted at a regular meeting held on the 5th day of June 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. 747
Resolution No. 2024-125
Resolution 2024-125
June 5, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-125

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 Acting City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources 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
Acting City Manager
Deputy City Manager
Rochelle Clayton
Asusena H. Soren
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
Packet Page. 748
Resolution No. 2024-125
Resolution 2024-125
June 5, 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 8. Effective Date. This Resolution shall become effective immediately.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 749
Resolution No. 2024-125
Resolution 2024-125
June 5, 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. 2024-125, adopted at a regular meeting held on the 5th day of June, 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. 750
Resolution No. 2024-126
Resolution 2024-126
June 5, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-126

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

SIGNATORIES FOR BANK OF NEW YORK (BNY)

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

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

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

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

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

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

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Packet Page. 751
Resolution No. 2024-126
Resolution 2024-126
June 5, 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 5th day of June 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 752
Resolution No. 2024-126
Resolution 2024-126
June 5, 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. 2024-126, adopted at a regular meeting held on the 5th day of June, 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. 753
Resolution No. 2024-127
Resolution 2024-127
June 5, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-127

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

BERNARDINO AUTHORIZING SIGNATORIES FOR

BANK OF NEW YORK (BNY) MELLON BANK

ACCOUNTS FOR THE SUCCESSOR AGENCY TO THE

FORMER REDEVELOPMENT AGENCY OF THE CITY OF

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

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

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

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

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

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

Position Individual Name
Acting City Manager
Deputy City Manager
Rochelle Clayton
Asusena H. Soren
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
Packet Page. 754
Resolution No. 2024-127
Resolution 2024-127
June 5, 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 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the City Clerk this 5th day of June 2024.

Helen Tran, Mayor City
of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 755
Resolution No. 2024-127
Resolution 2024-127
June 5, 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. 2024-127, adopted at a regular meeting held on the 5th day of June, 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. 756
Resolution No. 2024-128
Resolution 2024-128
June 5, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-128

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR

AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF

THE CITY OF SAN BERNARDINO AUTHORIZING

SIGNATORIES FOR CITIZENS BUSINESS BANK ACCOUNTS

FOR THE SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF SAN

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

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

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

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

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

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

Position Individual Name
Acting City Manager
Deputy City Manager
Rochelle Clayton
Asusena H. Soren
Interim Director of Finance and Management
Services
Cynthia Jeannie Abano Fortune
Director of Human Resources Andrea Russell
Packet Page. 757
Resolution No. 2024-128
Resolution 2024-128
June 5, 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 8. Effective Date. This Resolution shall become effective immediately.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 758
Resolution No. 2024-128
Resolution 2024-128
June 5, 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. 2024-128, adopted at a regular meeting held on the 5th day of June, 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. 759
Resolution No. 2024-129
Resolution 2024-129
June 5, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-129

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

SIGNATORIES FOR THE LOCAL AGENCY

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

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

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

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

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

Page 2 of 3 ends

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

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of June 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 761
Resolution No. 2024-129
Resolution 2024-129
June 5, 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. 2024-129, adopted at a regular meeting held on the 5th day of June, 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. 762
Resolution No. 2024-130
Resolution 2024-130
June 5, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-130

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO AUTHORIZING SIGNATORIES

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

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

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

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

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

SECTION 3. The authorized account signers are as follows:

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

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Packet Page. 763
Resolution No. 2024-130
Resolution 2024-130
June 5, 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 5th day of June 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 764
Resolution No. 2024-130
Resolution 2024-130
June 5, 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. 2024-130, adopted at a regular meeting held on the 5th day of June, 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. 765

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Suzie H. Soren, Deputy City Manager;
Andrea E. Russell, Director of Human Resources & Risk
Management
Department: Human Resources & Risk Management
Subject: Amendments to Professional Services Agreements for Legal Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or their designee to execute:

1. Third Amendment to the Professional Services Agreement with Carpenter, Rothans & Dumont, for representation in the Estate of Rob Marquise Adams, et al. v. City of San Bernardino, US District Court Case No. 5:2022cv02206

2. Third Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for representation in the Brian Pellis, et al. v.

City of San Bernardino, et al. US District Court Case No. CIVSB 2226731 Executive Summary
Amending the legal services agreements will allow the City to pay outstanding invoices and retain current legal counsel.

Background
Estate of Rob Marquise Adams, et al. v. City of San Bernardino On July 18, 2022, the City entered into an agreement with Carpenter, Rothans & Dumont in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City in the Estate of Rob Marquise Adams, et al. v. City of San Bernardino. Case No. 5:2022cv02206.

Packet Page. 766
On May 31, 2023, the City entered into the first amendment to the agreement for a total not to exceed $100,000.

On January 23, 2024, the City entered into the second amendment to the agreement for a total not to exceed $250,000.

Brian Pellis, et al. v. City of San Bernardino, et al.

On July 14, 2022, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud & Romo in the amount of $49,999.00 pursuant to 3.04.085(A) of the Municipal Code to represent the City in Brian Pellis, et al. v. City of San Bernardino, et al., US District Court Case No. CIVSB 2226731.

On October 17, 2023, the City entered into the first amendment to the agreement for a total not to exceed $100,000.

On January 23, 2024, the City entered into the second amendment to the agreement for a total not to exceed $250,000.

Discussion
Carpenter, Rothans & Dumont, LLP have worked on behalf of the City on the Estate of Rob Marquise Adams, et al. v. City of San Bernardino matter. This case is now closed.

Increasing the not to exceed cap will fund all final pending invoices.

Atkinson, Andelson, Loya, Ruud and Romo have represented the City in the Brian Pellis. v. City of San Bernardino matter. This case is still active. It is advisable to maintain this firm as continued representation is essential to protect the City’s interest and avoid unnecessary liability.

The proposed amendments to the contract amounts are as follows:

Case Firm Current Not-toExceed AmountProposed Not-toExceed Amount Estate of Rob
Marquise Adams,
et al. v. City of San
Bernadino
5:2022cv02206
Carpenter,
Rothans
& Dumont
$250,000 $350,000
Brian Pellis, et al.
v. City of San
Bernardino, et al
CIVSB 2226731
Atkinson,
Andelson,
Loya, Ruud &
Romo
$250,000 $500,000
Packet Page. 767
2021-2025 Strategic Targets and Goals
Authorization of these amendments aligns with Key Target No. 1e: Improved Operational & Financial Capacity – Minimize Risk and Litigation Exposure. Continued legal representation protects the City’s interest and avoids unnecessary liability.

Fiscal Impact
The total increase to the contracts is $350,000.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or their designee to execute:

2. Third Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for representation in the Brian Pellis, et al. v.

City of San Bernardino, et al. US District Court Case No. CIVSB 2226731 Attachments
Attachment 1 – Exhibit A - Original Contracts
Attachment 2 – Exhibit B - Amended Contracts
Ward:

All Wards
Synopsis of Previous Council Actions:

January 23, 2024 The Mayor and City Council authorized the City Manager to execute the First Amendment with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Brian Pellis, et al. v.

City of San Bernardino, et al Case No. CIVSB 2226731
January 23, 2024 The Mayor and City Council authorized the City Manager to execute the First Amendment Carpenter, Rothans & Dumont LLP for representation in the Estate of Rob Marquise Adams, et al. v. City of San Bernardino Case No. 5:2022cv02206.

Packet Page. 768
1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND CARPENTER, ROTHANS & DUMONT, LLP
This Agreement is made and entered into as of July 18th, 2022 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 Carpenter, Rothans & Dumont, a California Limited Liability Partnership with its principal place of business at 500 South Grand Avenue, Nineteenth Floor, Los Angeles, California, 90071 (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; legal representation in all litigation matters for an incident involving Robert Adams (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 legal representation in all litigation matters for the Project.

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 provided in Section 2.

DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16 Attachment A
Packet Page. 769
2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of ten thousand dollars ($49,999). All attorney rates are set at two-hundred and twenty dollars ($225) per hour. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

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

6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services unless the Agreement is previously terminated as provided for herein (“Term

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

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

9. Delays in Performance.
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 DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16 Packet Page. 770
3 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.

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

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16 Packet Page. 771
4 any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

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

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

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

DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16 Packet Page. 772
5 Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.

DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16 Packet Page. 773
6 (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. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16 Packet Page. 774
7 Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
g. 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.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claimsmade policy with a retroactive date subsequent to the effective date of this Agreement.

DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16 Packet Page. 775
8 (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. i. 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. j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16 Packet Page. 776
9 k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

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

Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the 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 DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16 Packet Page. 777
10 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.

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

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

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

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned.

City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.

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11 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 Steven J. Rothans, as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

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12 CITY:

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

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

Carpenter, Rothans & Dumont, LLP.
500 South Grand Avenue
Nineteenth Floor
Los Angeles, California, 90071
Attn: Steven J. Rothans

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

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

34. Successors and Assigns. This Agreement shall be binding upon and 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.

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

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

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

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

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

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

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

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16 Packet Page. 781
14 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND CARPENTER, ROTHANS & DUMONT, LLP.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Robert D. Field
City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature

Name
Title
DocuSign Envelope ID: 92CC5902-D49C-409B-9A26-07AAEDB6EF16

STEVEN J ROTHANS
Partner
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FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH CARPENTER, ROTHANS AND DUMONT, LLP
This First Amendment (“First Amendment”) to the Professional Services Agreement dated May 31, 2023 is made and entered into by and between the City of San Bernardino (“City”) and Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth below.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $49,999 to $100,000.

3. Except as modified by this First Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This First Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2023 CARPENTER, ROTHANS & DUMONT, LLP
By: Steven J. Rothans
Its: Partner
Dated: _____, 2023 CITY OF SAN BERNARDINO
By: Charles McNeely
Its: City Manager
DocuSign Envelope ID: 113F7B81-FF36-4999-96FB-A3396330E6E1 June 1
06/02
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SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH CARPENTER, ROTHANS AND DUMONT, LLP
This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated January 23, 2024, is made and entered into by and between the City of San Bernardino (“City”) and Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On July 18, 2022, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to Estate of R. Adams v. City of San Bernardino, et al., United States District Court, Case No. 5:22-02206-JGB-SP (“Original Agreement”).
b. On May 31, 2023 the city entered into the first amendment to the agreement for a total not to exceed $100,000. (“First Admendment”)
c. The City and Consultant now desire to increase the amount of the Original Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed the amount from $100,000 to $250,000.

3. Except as modified by this First Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This First Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2024 CARPENTER, ROTHANS & DUMONT, LLP
By: Steven J. Rothans
Its: Partner
Dated: _____, 2024 CITY OF SAN BERNARDINO
By: Charles A. Montoya
Its: City Manager
DocuSign Envelope ID: E5FBBB2D-6432-4453-AF84-F1641804D73B 1/31/2024
1/31/2024
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EXHIBIT A

FIRST AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO

AND ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
This First Amendment (“First Amendment”) is entered into by and between the City of San Bernardino, a charter city organized under the laws of the State of California (hereinafter the “City”), and Atkinson, Andelson, Loya, Ruud & Romo, a Professional Corporation (hereinafter the “Firm”) as of November 1, 2023. City and Firm are at times referred to individually as “Party” and collectively as the “Parties.”
WHEREAS, City and Firm entered into Professional Services Agreement dated July 14, 2022 for the provision of legal services in connection with the case entitled Brian Pellis, et al. v.

City of San Bernardino, et al, San Bernardino County Case No. CIVSB 2226731 (“Original Agreement”); and
WHEREAS, City and Firm now wish to amend the Original Agreement to increase the notto-exceed cap.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. Not-To-Exceed Cap. The $49,999.00 not-to-exceed cap identified in the Original Agreement is hereby increased to $100,000.00.

2. Effect on Other Provisions. All other provisions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year first above written.

CITY FIRM
_____________________________ __________________________ Charles A. Montoya, City Manager Irma Rodriguez Moisa, Partner DocuSign Envelope ID: B5D58773-7BE7-40E9-AF12-E308665D826D Packet Page. 800

SECOND AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO

AND ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated January 23, 2024, is entered into by and between the City of San Bernardino, and Atkinson, Andelson, Loya, Ruud & Romo, a Professional Corporation (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On July 14th 2022, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud & Romo in the amount of $50,000 pursuant to 3.04.085(A) of the Municipal Code to represent the City Brian Pellis, et al. v. City of San Bernardino, et al, Case No. CIVSB 2226731 (“Original Agreement”)
b. On November 1, 2023, the City entered into the second amendment to the agreement for a total not to exceed $100,000.00 (“First Amendment”)

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $50,000 to $250,000.

3. Except as modified by this Second Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: _____, 2024 Atkinson, Andelson, Loya, Ruud & Romo By: Irma Rodriguez Moisa,
Its: Partner
Dated: _____, 2024 CITY OF SAN BERNARDINO
By: Charles A. Montoya
Its: City Manager
DocuSign Envelope ID: 45477BE0-EFF7-4422-869E-8F3B8E16D6E2 1/31/2024
2/21/2024
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CITY FIRM
_____________________________ __________________________ Charles A. Montoya, City Manager Irma Rodriguez Moisa, Partner DocuSign Envelope ID: 45477BE0-EFF7-4422-869E-8F3B8E16D6E2 Packet Page. 802

THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT

WITH CARPENTER, ROTHANS & DUMONT, LLP
This Third Amendment (“Third Amendment”) to the Professional Services Agreement dated June 5, 2024 is made and entered into by and between the City of San Bernardino (“City”) and Carpenter, Rothans & Dumont LLP (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On July 18, 2022, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to Estate of R. Adams v. City of San Bernardino, et al., United States District Court, Case No. 5:22-02206-JGB-SP (“Original Agreement”).
b. On May 31, 2023 the City entered into the first amendment to the agreement for a total not to exceed $100,000. (“First Amendment”)
c. On January 23, 2024 the City entered into the second amendment to the agreement for a total not to exceed $250,000. (“Second Amendment”) d. The City and Consultant now desire to increase the amount of the Original Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $49,999 to $350,000.

3. Except as modified by this Third Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This Third Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: CARPENTER, ROTHANS & DUMONT, LLP
By: Steve Rothans,
Its: Partner
Dated: CITY OF SAN BERNARDINO
By: Rochelle Clayton
Its: Acting City Manager
Attachment B
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THIRD AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO

AND ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
This Third Amendment (“Third Amendment”) to the Professional Services Agreement dated June 5, 2024 is made and entered into by and between the City of San Bernardino (“City”) and Atkinson, Andelson, Loya, Rudd & Romo PC (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On July 14, 2022, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to Brian Pellis, et al. v. City of San Bernardino, et al., Case No. CIVSB2226731 (“Original Agreement”). b. On November 1, 2023, the City entered into the first amendment to the agreement for a total not to exceed $100,000. (“First Amendment”) c. On January 23, 2024 the City entered into the second amendment to the agreement for a total not to exceed $250,000. (“Second Amendment”) d. The City and Consultant now desire to increase the amount of the Original Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $49,999 to $500,000.

3. Except as modified by this Third Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This Third Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
By: Irma Rodriguez Moisa,
Its: Partner
Dated: CITY OF SAN BERNARDINO
By: Rochelle Clayton
Its: Acting City Manager
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Andrea E. Russell, Director of Human Resources & Risk
Management
Department: Human Resources & Risk Management
Subject: Annual Renewal of the City’s Risk
Management Insurance Policies for FY 2024/25 (All
Wards)
Recommendation:

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

1. Approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and

2. Authorize the City Manager or designee to execute all related documentation.

Executive Summary
The City purchases insurance policies through Public Risk Innovation, Solutions, and Management (PRISM), a member-directed risk sharing pool of public agencies committed to providing risk coverage programs and risk management services, which drive member stability, efficiency, and best practices. Staff is recommending renewing insurance coverage for the specific policies noted below. • Excess Workers’ Compensation Program
• General Liability 2 Program (GL2)
• Master Crime Program
• Cyber Liability Program
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Background
The City is one of the 70% of California cities that have pooled membership within PRISM. Members within a pooled insurance plan typically experience lower rate increases year-over-year as opposed to standalone coverage. PRISM seeks quotes from both domestic and international markets in order to fill the program insurance needs. When the final quote is selected, PRISM works with actuaries and underwriters to determine the premium allocation for each member based on their individual loss experience and exposure data.

The continued general liability hard market will again have negative impacts on the City in 2024, and into the foreseeable future. The new normal of increased numbers of very large general liability claims, continues to drive the cost of risk even higher and is having a dramatic impact on the insurance market. The factors that continue to fuel the increased claims costs are many and interrelated, but they all result in more and larger claims, or frequency of severity. This is a wide-spread issue that particularly impacts public entities, and PRISM members have contributed their fair share of large losses.

The increase in the number and size of extremely large losses over the last decade are the main contributor. Starting around 2013-2014, large liability claims activity increased significantly. Extremely large verdicts and the resulting increased settlement values have had devastating impacts on the economics of liability claims. Claims that previously had resolved in the $5M-$10M range started costing public entities and their insurers $20M-$30M and higher. This increased frequency of severity turned out to be an industry-wide trend. The trend has continued and even worsened in recent years.

An October 2023 Swiss Re Institute report notes that US liability costs have risen by an annual average of 16% over the last five years (2018-2022).

Carriers who, in retrospect, had been pricing the exposure below these new loss costs have been forced to take drastic action to protect their bottom line. These actions have included:
• Withdrawing from the market altogether
• Reducing capacity (amount of limit carriers are willing to put at risk) • Pushing for aggregate limits
• Restricting coverage through exclusionary language, and • Dramatically increasing rates
While PRISM’s premiums will increase for 2024/25, the premiums are still less costly than an entity would likely be faced with outside of PRISM. A testament to the continued competitiveness of the Program are the new members that join PRISM each year at considerable price savings compared to their other stand-alone or JPA options.

In addition to premium savings, the City enjoys broader coverage and avoid coverage restrictions and limitations that are often quoted outside of PRISM.

The Excess Workers’ Compensation (EWC) market has its own set of problematic issues to hurdle, some similar to excess liability and others unique to the workers’ Packet Page. 806
compensation (WC) system. While EWC is currently the more stable line of coverage, the aging workforce, medical inflation, presumptions such as cancer, heart and posttraumatic stress, and the pandemic have disrupted the WC environment.

While accident frequency in workers’ compensation has been steady to slightly downward for several years due to loss prevention methods, claim severity continues to trend upwards. This is especially true for catastrophic injury cases where the costs are rising dramatically and predicting future costs continues to be challenging.

PRISM’s EWC Program size is an advantage. The size of the EWC Program creates stability and offers economies of scale that could not be realized without being in a large pool. Because of this, we have been able to secure unique reinsurance agreements largely due to the Program’s premium volume.

Discussion
Excess Workers’ Compensation Program
The City purchases excess workers' compensation insurance to cover employees if they are injured on the job. Coverage includes reimbursement for payments above the City’s self-insured retention (SIR). This includes compensation for temporary disability benefits at statutory rates, medical benefits, and some allocated expenses.

The City’s current excess workers’ compensation coverage cost is $553,696 and has a $1 million self-insured retention (SIR) with a limit remaining at statutory coverage.

Statutory coverage provides payment for claims up to the amount required by law, without limits. The FY 2024/25 premium coverage is estimated not to exceed $714,000.

Program premium projections assume increases of 5% - 20%. The City is experiencing a 16% premium increase when comparing last fiscal year’s not to exceed amount of $602,000 to this year’s not to exceed amount.

Excess General Liability Program
The City purchases excess general liability insurance to protect against catastrophic incidents such as: bodily injury, property damage, personal injury, public officials’ errors and omissions liability, automobile liability and employment practices liability.

The City’s current excess general liability insurance coverage cost is $1,857,247 and has a $5 million self-insured retention (“SIR”) with a limit of $25 million. The FY 2024/25 premium for coverage is estimated not to exceed $2,415,000. Program premium projections assume increases of up to 40%. The City is experiencing a 10% premium increase when comparing last fiscal year’s not to exceed amount of $2,177,000 to this year’s not to exceed amount.

Master Crime Program
The City purchases master crime insurance to protect against illegal acts committed by employees while on the job including theft, forgery, inside premises (theft of money and securities/robbery), computer fraud, money orders and counterfeit paper currency, and outside premises.

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The City’s current master crime coverage cost is $13,827 and has a $2,500 selfinsured retention (“SIR”) with a limit of $15 million. The FY 2024/25 premium for coverage is estimated not to exceed $15,900. Program premium projections assume increases of 10% - 15%. The City is experiencing a 3% premium decrease when comparing last fiscal year’s not to exceed amount of $15,500 to this year’s not to exceed amount.

Cyber Liability Program
The City purchases cyber liability insurance for reimbursement coverage in response to information security and privacy liability, website media content liability, cyber extortion and first party data protection.

The City’s current policy cost is $30,496 and has a $100,000 SIR with a limit of $12 million. The FY 2024/25 premium for coverage is estimated not to exceed $45,700.

Program premium projections assume increases of 20% - 85%. The City is experiencing an 8% premium decrease when comparing last fiscal year’s not to exceed amount of $49,400 to this year’s not to exceed amount.

The following chart summarizes the City’s current actual cost for insurance coverage to the maximum renewal estimates, assuming no changes to coverage, deductibles and or retention. It is important to underscore that the actual premium paid year over year do not typically reach the maximum estimated cost, therefore, it is highly likely that the City will not experience the maximum percentage change.

Insurance Type FY 2023/24 Actual
Premium
FY 2024/25
Maximum
Estimated Cost
Maximum
Percentage
Change
Excess Workers’
Compensation
$553,696 $714,000 23%
Excess General
Liability
$1,857,247 $2,415,000 23%
Master Crime $13,827 $15,900 13%
Cyber Liability $30,496 $45,700 33%
2021-2025 Strategic Targets and Goals
Approving the renewal of the City’s various insurance policies aligns with Strategic Target No. 1: Improved Operational and Financial Capacity, specifically, Goal e:
minimize risk and litigation exposure by maintaining sufficient coverage to provide protection to the City.

Fiscal Impact
The financial impact to the City would not exceed $4,585,900. There is sufficient funding included in the FY 2024/25 Operating Budget.

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

1. Approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance; and

2. Authorize the City Manager or designee to execute all related documentation.

Attachments
Attachment 1 - Insurance Renewal PowerPoint
Attachment 2 - 2023/24 Budget Estimates
Ward:

All Wards
Synopsis of Previous Council Actions:

June 7, 2023 The Mayor and City Council approved the annual renewal of the City’s Property insurance, excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance.

June 15, 2022 The Mayor and City Council approved the annual renewal of the City’s excess workers’ compensation, excess general liability insurance, crime insurance and cyber insurance policies.

March 2, 2022 The Mayor and City Council adopted Resolution No. 2022-42, approving the annual renewal of the City’s property insurance for a premium not to exceed $1,601,000 for the term beginning April 1, 2022 and ending March 31, 2023.

Packet Page. 809
2024-2025
Insurance Renewal
June 2024
City of
San Bernardino
(STATE OF THE MARKET INFORMATION HAS BEEN CONSOLIDATED FROM VARIOUS INDUSTRY SOURCES) Packet Page. 810 2 Contents
2023 Summary of Coverage
2024 Summary of Coverage
General Liability
Excess Workers’ Compensation
Cyber
Crime
Packet Page. 811
2023 Summary of Coverage
Coverage Limits Deductible/SIR Premium
General Liability $25,000,000 $5,000,000 $1,857,247
Excess Workers’ Compensation Statutory $1,000,000 $553,696 Cyber $12,000,000 $100,000 $30,496
Crime $15,000,000 $2,500 $13,827
3 Packet Page. 812
2024 Summary of Coverage
Coverage Limits Deductible/SIR Premium
General Liability $25,000,000 $5,000,000 Estimated
$2,229,000 to $2,415,000
Excess Workers’ Compensation Statutory $1,000,000 Estimated $694,000 to $714,000
Cyber $12,000,000 $100,000 Estimated
$33,500 to $45,700
Crime $15,000,000 $2,500 Estimated
$15,200 to $15,900
4 Packet Page. 813
Insurance Market
& Financial
Performance
Packet Page. 814
6 General Liability
Policy Year: July 1, 2024- July 1, 2025
Coverage Provided
• Bodily injury
• Personal injury
• Property damage
• Public Officials Errors and Omissions
• Employment Practices Liability
• Automobile Liability
Excess Limit: $25,000,000
Self Insured Retention: $5,000,000
Packet Page. 815
Increasing Impact on Liability Market
7 Reduced Capacity
reinsurer withdrawals
have been significant
over the past two years
Litigation Financing
continues to drive large
claims. Funding increased
$3.5B in 2022.

Plaintiff Attorney
Strategies
specialization and strategies
have evolved to get larger
verdicts and settlements.

Hyper Social Inflation

1.7b award given in
Missouri on October 31,
2023 for conspiring to
inflate real estate
commissions and will triple
to 5.3b under US antitrust
law.

Labor Shortage
everyone is doing
more with less
Reviver Legislation
Amendments
A rise in Sexual Abuse and
Molestation claims and
settlements
Law Enforcement
Increased focus on
policing policy and
procedures
as well as pressure
on Qualified Immunity
Auto Liability
Frequency & Severity of
losses has returned to
pre COVID figures
Underwriter Scrutiny
reinsurers are seeking to
grow prudently and are
maintaining a disciplined,
conservative underwriter
approach.

Inflation
Rising cost are increasing
the size of claims
Exclusions
continued restrictions
surrounding sexual abuse,
Wildfire Exclusions,
COVID, cyber, opioids,
man made chemicals
(PFAS) and Biometric
Identifiers (new focus)
Emerging Risk
New Technologies such as AI, Telematics, Biometrics and machine learning systems risks are not fully understood given historical information
Environmental risks relative to climate change are substantial Growing concerns around mental health impacts including impact on productivity, access to care, medical inflation and the steady rise of healthcare costs Packet Page. 816
8 Source: Risk and Uncertainty Management Center, Univ. of South Carolina, adapted from Verisk “Social Inflation” presentation (2020); VerdictSearch. Figures are rounded to the nearest $1 million.

Source: VerdictSearch. Figures are rounded to the nearest $1 million Social Inflation: Many Interrelated Causes, Difficult to Manage

INSURANCE CLAIM COSTS
Courts/Juries
Favoring
Plaintiffs
Increasing
Propensity
to Sue
Size of Jury
Awards
Aggressive
Plaintiff
Bar Ads
Litigation
Financing
Growing
Distrust of
Large Corps.

Changes in
Regulatory
and Legal
Environment
Dollar Value of Top 100 verdicts by cause of action, in millions.

TOP VERDICT CATEGORIES
Worker/workplace
Negligence
$30,844
Intellectual
property
$18,726
Products Liability
$13,131
Intentional Torts
$5,710
Motor Vehicle
$2,417
Employment
$2,404
Professional
Negligence
$2,255
Medical Malpractice
$1,553
Business Law
$1,332
Toxic Torts
$1,160
2022
Packet Page. 817
9 Excess Workers’
Compensation
Policy Year: July 1, 2024- July 1, 2025
The EWC Program provides the following special
coverage features:
• Volunteers included (subject to adoption of
resolution by employer prior to injury)
• No terrorism exclusion
• PRISM staff will coordinate a claims audit within
the first year of participation and/or change of
TPAs, and every two years thereafter
• Claims resources and oversight on the excess
reportable claims by highly experienced Claims
Specialists
• Legislative advocacy on key workers’
compensation bills
Excess Limit: Statutory
Self Insured Retention: $1,000,000
Packet Page. 818
Workers
Compensation
Leading Concerns
Investment Yield on Long Tail Coverage
Rate expectations: Account Specific
Wage Inflation’s impact on premiums &
Medical Expense Inflation
Underwriter Concerns: Per Occurrence
exposure to Cat loss
Remote Work: Out of State employees &
Impact on productivity and compliance
10 Packet Page. 819
11 Cyber
Policy Year: July 1, 2024- July 1, 2025
Coverage Provided
• Information Security and Privacy Liability
• Privacy Notification Costs
• Regulatory Defense and Penalties
• Website Media Content Liability
• Cyber Extortion
• First Party Data Protection
Limit: $12,000,000 aggregate limit of liability for each member (aggregate for all coverages combined) subject to the
$80,000,000 program aggregate limit of liability for all members combined
Self Insured Retention: $100,000
Packet Page. 820
12 State of the Cyber Market
Europe May Surpass the United States as the
Most Targeted Region for Ransomware
Ransomware continues to have a significant impact on
businesses across the globe. While reports show that the U.S. is the country most targeted by ransomware attacks
worldwide,1 small indicators show that ransomware activity is decreasing in the United States and growing in other regions.2 In Europe. the number of victims is increasing. and if that increase continues. Europe will likely become the most
targeted region in 2023. The United States has been very outspoken on policies, sanctions and the potential of a response in the cyber domain concerning ransomware and
other attacks. However, it is hard to conclude if the more aggressive stance on ransomware actually deters attacks.

More Attacks by Non-Organized Attackers
and Non-Nation State Attackers
In 2023 we expect to see more intrusions conducted by nonorganized attackers and non-nation state attackers. More of the threat actors operating out of North America and Europe will likely be younger, and conducting intrusion operations not because they're interested in making money specifically, or because governments have tasked them with doing it, but because they want to be able to brag to their friends or boast online that they've hacked into and brought embarrassment to prominent organizations. While they will be happy to achieve financial gain, that may not necessarily be
their lead motivation.

More Extortion, Less Ransomware
Historically, cyber criminals have used ransomware to
monetize access into a victim's network. Due to several highprofile and visible breaches last year, organizations see mitigating brand damage as a much more compelling reason to pay a ransom than regaining access to encrypted systems.

Over the next year, we will continue to see criminals rely on extortion, but actual ransomware deployments may decline.

Ransomware-as-a-service(RaaS) providers will modernize their software to focus on data exfiltration and ‘leak sites' for public shaming.

Clients with unfavorable controls will
see modifications to their program.

Carriers will exclude cyber extortion,
impose co-insurance, or exclude
coverages like computer hardware
replacement, and reputational loss.

Cyber Liability insurance providers
are requiring clients to have better
controls around cyber exposure.

Implementation of MFA is now
a requirement for most
insurance carriers.

Cyber liability pricing is beginning to
smooth out in terms of pricing.

We are now seeing carriers base
pricing on underwriting a specific
risk, rather than a broad-brush
approach to pricing which was
needed in the past to achieve carrier
profitability in this coverage line.

We are still seeing increases over
expiring for clients with losses, poor
cyber hygiene, or higher exposures.

We are seeing increases on average,
anywhere from 15-50% depending
on the particulars of a given risk.

Packet Page. 821
13 Crime
Policy Year: July 1, 2024- July 1, 2025
Coverage Provided:

Governmental Crime Policy on Discovery Form including:
• Employee theft including Faithful Performance of Duty (Per Loss Coverage)
• Forgery or alteration including Credit, Debit or Charge Card Forgery
• Inside premises - Theft of money and securities
• Inside premises - Robbery or safe burglary of other
property
• Computer fraud and funds transfer fraud
• Money orders and counterfeit paper currency
• Outside the premises
Limit: $15,000,000 each occurrence
Deductible per occurrence: $2,500
Packet Page. 822
Contact Your
Alliant Service Team
Robert Lowe
First Vice President
[email protected]
Kristen DesCombes
Associate Producer
[email protected]
Packet Page. 823
SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM) 2024/25 Budget Estimates, February 2024
0 This second round of estimates have been prepared to further aid you in budgeting for the 2024/25 fiscal year. Since the initial version provided in October, we have updated the budget estimates to reflect the estimated 2024/25 exposure information submitted via the renewal applications and losses evaluated as of 6/30/2023. Estimates also include updated pool rates as approved by the Underwriting and Executive Committee. Rates are still pending Board approval in March. The estimates provided are intended to be conservative therefore we recommend you budget towards the high end of the range. Included with the Budget Estimate Report is the Loss Performance Impact Summary Report which will include your experience modification (Ex-Mod) chart and also include information about Pool and Excess Loss Surcharge Credits and Debits.

If you are aware that you have had any substantial changes over the past 12 months, please contact Sarah Bishop and a better estimate will be developed for you. $85,371,039
$98,744,909
The Pool rates are updated and the Program is funded at an 80% Confidence Level, discounted at

3.75% for investment income. Increasing the discount from 3.5% to 3.75% provides some rate relief to the members and positively impacts the Program’s Net Position. Pool rates are still pending the PRISM's Board approval in March of 2024. Reinsurance/Excess Premiums are estimated with assumptions applied at this time. Adminstrative costs and fees are also estimated. Members who reported payroll exposure increases greater than 5% over last year, may see premium increases that are higher than the range provided in October. If your agency has directed us to apply the 2022/23 payroll audit to your 2024/25 premium, it has been included in the total collection shown. If you have decided to handle the payroll audit outside of the renewal premium, the estimated premium shown is the estimated total collection.

Premium
$694,000 $714,000
Excess Workers' Compensation Program
2022/23 Estimated Payroll:
2023/24 Estimated Payroll:
to
22/23 Premium: $453,241
24/25 Estimated Premium: 2024/25 Estimated Payroll: $105,416,651 23/24 Premium: $553,696
Packet Page. 824
SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM) 2024/25 Budget Estimates, February 2024
0 $61,537,617
$74,033,458
The liability, property, and cyber insurance markets have hardened in response to increased claims costs. At this time, the GL2 program premium projections assume increases of up to 40%. Individual member rate increases may differ from this range depending on their loss experience changes in exposure, or other factors. The market based program allocation of premium will be evaluated and approved by the GL2 Committee in the Spring.

Premium
$2,229,000 $2,415,000
General Liability 2 Program
2022/23 Estimated Payroll:
2023/24 Estimated Payroll:
to
22/23 Premium: $1,594,022
24/25 Estimated Premium: 2024/25 Estimated Payroll: $78,045,281 23/24 Premium: $1,857,247
$378,059,524
$191,405,925
The 2024/25 updated October (Version 1) premium budget estimates had an overall premium increase of 25-45% for most members. This estimate is based on 2023/24 binding total insured values (TIV) and did not take into consideration property schedule updates. The February premium estimates are based on updated TIV as of November 29, 2023, and loss history. As indicated in the initial budget estimates, members with adverse loss history and/or TIV increases between the initial budget and the February budget may result in premium increases that are higher than the range provided in October. Finally, large catastrophic events or economic downturn prior to the March 31, 2024 renewal could impact the property insurance marketplace, resulting in further hardening of the market, potentially impacting the premium estimate.

We are continuing to recommend that you budget at the high end of the range provided. As noted above, members with adverse loss history and/or increases in TIV may result in additional premium.

Premium
$2,082,000 $2,384,000
Property Program
2023/24 AR TIV:
2023/24 EQ TIV:
to
22/23 Premium: $1,402,367
24/25 Estimated Premium:
23/24 Premium: $1,664,987
Packet Page. 825
SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM) 2024/25 Budget Estimates, February 2024
0 The Master Crime Program is currently placed with AIG for the first $10M layer, Berkley for the $5M excess of $10M layer, and Great American for the $5M excess of $15M layer. At this time we recommend budgeting for a 10%-15% rate increase. Please note that exposure changes could impact the premium.

For those members that do not currently purchase the optional $250,000 excess of $250,000 Impersonation Fraud coverage, we recommend budgeting $7,500 to $10,000 in addition to the budget estimates if there is interest in applying for that coverage.

Premium
$15,200 $15,900
Master Crime Program
to
22/23 Premium: $13,421
24/25 Estimated Premium:
23/24 Premium: $13,827
At this time, we recommend members with no paid or open claims, to budget for a 10% - 50% rate increase. For members that have paid losses or open claims with the potential for paid losses, please budget for a 20% - 85% rate increase. For members with significant losses and inadequate security controls, the increase may be larger.

Premium
$33,500 $45,700
Cyber Liability Program
to
22/23 Premium: $29,887
24/25 Estimated Premium:
23/24 Premium: $30,496
Packet Page. 826

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Ed Erjavek, Library Director
Department: Library
Subject: Library Internet Novation Agreement (All Wards) Recommendation:

It is recommended the Mayor and City Council of the City of San Bernardino authorize the City Manager or designee to execute a novation agreement between the Imperial County Office of Education and the City of San Bernardino for internet access at city libraries.

Executive Summary
The Library receives its internet access as it participates in the California State Library Broadband Services Project. The state library selects a vendor to manage library contracts and the financial process. The existing vendor Columbia Telecommunications Corporation d/b/a CTC Technology and Energy (“CTC”) was the Statewide Broadband Aggregator for the California State Library Broadband Services Project. CTC provided notice of its intention to terminate its appointment and end its responsibilities under the agreement as Statewide Broadband Aggregator on behalf of the California State Library, effective as of December 31, 2023; and, as of January 1, 2024, the California State Library has appointed ICOE to assume the rights and responsibilities and perform the functions of the Statewide Broadband Aggregator on behalf of the California State Library.

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

On June 1, 2022, Mayor and City Council of the City of San Bernardino, California, authorized the Library Director to execute an agreement between San Bernardino Public Library (SBPL) and Columbia Telecommunications Corporation (CTC) for the Packet Page. 827
provision, installation and maintenance of advanced network (data) services; The state-of-the-art service provides 1 Gigabit per second speed (Gbps) for each of the City's public libraries.

Discussion
As of January 1, 2024, the California State Library has appointed ICOE to assume the rights and responsibilities and perform the functions of the Statewide Broadband Aggregator on behalf of the California State Library as defined by the terms of the California Broadband Services Project program and that, upon said appointment, CTC has ceased to perform those functions.

Parties execute this Agreement to novate the assumption of the duties under the Original Agreement from CTC to ICOE: The Parties acknowledge and agree that CTC, on behalf of the California State Library, has transferred and assigned its duties and responsibilities of the Statewide Broadband Aggregator to ICOE pursuant to the terms of the grant program administered by the California State Library.

The Original Agreement remains in full force and effect as between the City and ICOE from the date of this Agreement, and that ICOE, on behalf of the California State Library, will assume all rights and responsibilities of CTC under the Original Agreement.
2021-2025 Strategic Targets and Goals
The execution of a novation agreement with the Imperial County Office of Education aligns with Key Target No. 3: Improved Quality of Life.

Fiscal Impact
There is no fiscal impact associated with the execution of a novation agreement with the Imperial County Office of Education.

Conclusion
It is recommended the Mayor and City Council of the City of San Bernardino authorize the City Manager or designee to execute a novation agreement between the Imperial County Office of Education and the City of San Bernardino for internet access at city libraries.

Attachments
Attachment 1 – Library Internet Novation Agreement with ICOE Attachment 2 – CTC Amendment #1 Complete
Attachment 3 – SBPL & CTC 6.1.22
Ward:

All Wards
Packet Page. 828
Synopsis of Previous Council Actions:

August 16, 2023 Mayor and City Council ratified the Library Director’s execution of Amendment No. 1 to the agreement between
San Bernardino Public Library (SBPL) and Columbia
Telecommunications Corporation (CTC) for the provision, installation, and maintenance of advanced network (data) services; and authorized the Agency Director of
Administrative Services to approve a Fiscal Year 2023/24 purchase order in an amount not to exceed $84,000.

Packet Page. 829
1 NOVATION AGREEMENT BETWEEN

THE IMPERIAL COUNTY OFFICE OF EDUCATION,
and

SAN BERNARDINO PUBLIC LIBRARY

FOR THE PROVISION, INSTALLATION, AND MAINTENANCE OF

ADVANCED NETWORK (DATA) SERVICES
This Agreement, hereinafter referred to as “Novation,” is entered into as of _________________ by and between the Imperial County Office of Education, hereinafter referred to as “ICOE,” and the San Bernardino Public Library hereinafter referred to as “the Library.” ICOE and the Library are sometimes referred to in this Novation individually as “Party” and collectively as “Parties.” All written communications between the parties shall be addressed as follows unless and until amended in writing by the respective party.

WHEREAS, California State Library appointed Columbia Telecommunications Corporation d/b/a CTC Technology and Energy (“CTC”) as the Statewide Broadband Aggregator for the California State Library Broadband Services Project; and WHEREAS, CTC provided notice of its intention to terminate its appointment and end its responsibilities under the agreement as Statewide Broadband Aggregator on behalf of the California State Library, effective as of December 31, 2023.

WHEREAS, as of January 1, 2024, the California State Library has appointed ICOE to assume the rights and responsibilities and perform the functions of the Statewide Broadband Aggregator on behalf of the California State Library as defined by the terms of the California Broadband Services Project program and that, upon said appointment, CTC has ceased to perform those functions.

Now, Therefore, The Parties execute this Agreement to novate the assumption of the duties under the Original Agreement from CTC to ICOE: The Parties acknowledge and agree that CTC, on behalf of the California State Library, has transferred and assigned its duties and responsibilities of the Statewide Broadband Aggregator to ICOE pursuant to the terms of the grant program administered by the California State Library.

By signing this Amendment, the Library and ICOE agree that,

1. The Original Agreement is hereby amended to replace the reference to "CTC" with a new reference to "ICOE." A copy of the Original Agreement between CTC and the San Bernardino Public Library is attached hereto and incorporated herein by this reference.

2. The Original Agreement remains in full force and effect as between the Library and ICOE from the date of this Agreement, and that ICOE, on behalf of the California State Library, will assume all rights and responsibilities of CTC under the Original Agreement.

3. ICOE will perform the functions agreed to by CTC as set forth under the Original Agreement, including all addenda, appendices, and subsequent amendments.

4. The Indemnification clause in the Original Agreement is amended to state:

Indemnification. The Library agrees to indemnify, defend and save harmless ICOE, its officers, agents, and employees from any and all claims, losses, and liabilities accruing or resulting to ICOE and any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured Packet Page. 830
2 or damaged by the Library in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the Library, its officers, agents, or employees. ICOE agrees to indemnify, defend, and save harmless the Library, its trustees, officers, agents, and employees from any and all liabilities accruing or resulting to the Library and any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by ICOE in the performance of this Agreement, but only in proportion to and in the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of ICOE, its officers, agents, or employees.

5. This Agreement serves as written notice to the Library of this change in the Broadband Aggregator duties and of the continued obligation by Library to comply with the terms and conditions of the Original Agreement.

6. TERM OF THIS AGREEMENT. This Agreement ("Agreement") shall become effective upon the execution by both parties hereto. This Agreement shall automatically renew on an annual basis commencing on July 1 of each year unless either party provides the other party with written notice of non-renewal at least sixty (60) days prior to the renewal date.

7. Insurance
(a) Each party shall obtain, pay for, and maintain in effect during the life of this Agreement a Commercial General Liability insurance policy that includes coverage for Premises Operations, Products/Completed Operations, Contractual, Independent Contractors, Broad Form Property Damage, and Personal Injury; with a minimum combined single limit of not less than $1,000,000 for Bodily Injury and Property Damage (each occurrence) and a $2,000,000 aggregate.
(b) Nothing in this Insurance section shall reduce a party’s liabilities or obligations under the Indemnification section of this Agreement.
(c) The Parties acknowledge that ICOE is permissibly self-insured under California law. A waiver of subrogation will apply with respect to ICOE’s self-insurance. (d) Upon request, each Party shall provide proof of insurance to the other Party. (e) The Library will be named as additional insured with respect to general liability. (f) Each Party shall obtain, pay for, and maintain in effect during the life of the Agreement, workers compensation coverage as required by California Law. This requirement may be met with a combination of insurance and/or self-insurance. A waiver of subrogation will apply with respect to worker’s compensation coverage.

Address of Additional Insured:

City of San Bernardino. et al
290 N “D” St.

San Bernardino, CA 92401
Packet Page. 831
3 IN WITNESS WHEREOF, the parties hereto have caused this Novation Agreement to be executed by their respective duly authorized representatives.

For San Bernardino Public Library
Signature
Name
Title
Date
For ICOE
Signature
Name
Title
Date
City of San Bernardino
By:

Rochelle Clayton
Acting City Manager
ATTEST:

By:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

By:

City Attorney
Packet Page. 832
6/30/2023
Packet Page. 833
Packet Page. 834
Items to Consider While Reviewing Quotes
•Pricing does NOT include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices at CENIC’s actual cost.
•If an Out of Band line is required, Associate must provide a phone line for OOB or allow CENIC to order one and be reimbursed for both the one-time installation and ongoing monthly recurring costs. •Annual Recurring Costs (ARC) items are invoiced annually. •Non-Recurring Costs (NRC) items are one-time costs billed upon execution of contract. •Monthly Recurring Costs (MRC) items are billed quarterly, first billing will occurr after handoff. oE-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. oActual discount percentage will be identified by USAC at a later point. E-rate and CTF reimbursements are dependent upon the continued funding of these programs. CENIC/Broadband Access Administrator cannot guarantee the E-rate and CTF discounts, and these discounts are subject to change. E-rate % noted is based on current FY estimate and CTF is a 50% discount of the remaining cost after E-rate has been applied.
oDue to the consortial nature of CENIC's E-rate application, the E-rate discount level may not be finalized until next Spring of the following year (late March or early April).
•E-rate Costs may take up to 18 months to activate due to USAC processing time. Please budget for the full undiscounted costs for the initial period.

Packet Page. 835
Associate: San Bernardino Public Library
Budget Summary Description: Renewal of existing services Quote Date: 12/16/2022
Quote Expiration: 3/16/2023
Contract Number:

Line Item NRC
Non-Recurring Cost
MRC
Monthly Recurring Cost
ARC
Annual Recurring Cost Term Length
[1] 1 Equipment $20,148.41
2 Equipment Maintenance $5,939.05
3 Facilities
[2] 4 Circuit deployment Fee
5 Circuit $2,856.00
Total $20,148.41 $2,856.00 $5,939.05
Annual Cost $40,211.05
Discounted Annual Cost $7,652.65
Total for Year 1 $60,359.46
Discounted Annual Cost
Year 1 $27,801.06
[1] CENIC pays for equipment, maintenance and installation of initial CalREN connection. [2] The California State Library requested, and received funding through the Budget Act of 2021, AB 128, Chapter 21, 2021 Statute, to pay for Circuit Deployment Fees (CDF) on behalf of public libraries connecting to CalREN. The full text can be found here: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml? bill_id=202120220AB128
Version 2.0
Packet Page. 836
*Pricing does not include applicable taxes, surcharges, and fees. These costs may vary and will be included in invoices at CENIC’s actual cost. E-rate discount: percent discount indicated is an estimate based on data available at the time the quote was generated. Actual discount percentage will be identified by the E-rate authorities at a later point LOC A LOC Z Carrier Info CENIC - Cross Connect E-rate Discount

90.00% Total Discounted MRC
(CTF & E-rate)* Total Discounted NRC*
Site Name Site Name Service
Provider Service Type Requested Bandwidth [1]
Est Contract
End Date
Non Recurring
Cost*
MRC for 5 year
term*
Add'l MRC (e.
g. Collector
Circuit)
NRC MRC Discounted NRC* Discounted MRC* $142.80 $0.00
San Bernardino Public Library -
Feldheym Central Library CalREN Spectrum Lit Circuit 1 Gbps 7/1/2028 $0.00 $714.00 $0.00 $0.00 $0.00 $35.70 Renewal San Bernardino Public Library -
Inghram Branch Library
San Bernardino Public Library -
Feldheym Central Library Spectrum Lit Circuit 1 Gbps 7/1/2028 $0.00 $714.00 $0.00 $0.00 $0.00 $35.70 Renewal San Bernardino Public Library -
Rowe Branch Library
San Bernardino Public Library -
Feldheym Central Library Spectrum Lit Circuit 1 Gbps 7/1/2028 $0.00 $714.00 $0.00 $0.00 $0.00 $35.70 Renewal San Bernardino Public Library -
Villasenor Branch Library
San Bernardino Public Library -
Feldheym Central Library Spectrum Lit Circuit 1 Gbps 7/1/2028 $0.00 $714.00 $0.00 $0.00 $0.00 $35.70 Renewal Packet Page. 837
[1] 100Mbps, 250Mbps, 500Mbps, 1Gbps, 10Gbps, 100Gbps,
Packet Page. 838
55600.00100\40050514.1
Master Agreement Page 1 of 7

AGREEMENT BETWEEN SAN BERNARDINO PUBLIC LIBRARY AND

COLUMBIA TELECOMMUNICATIONS CORPORATION

FOR THE PROVISION, INSTALLATION AND MAINTENANCE OF

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

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

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

NOW THEREFORE, Library and CTC enter into this Agreement:

1. Purpose
It is the purpose of this Agreement to set forth the terms and conditions applicable to the provision of communications and related network services to Library under the Project.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7. General Provisions

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

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

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

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

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

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

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Library Year 3 Quote Summary
San Bernardino Public Library
Description
First Year On Going
1G to CalREN, 1G to branches Price Price
Service
Non-Recurring -$ - -
Discount (E-rate) $0.00
Monthly -$ 4,750.00 -
Discount (E-rate) -$4,275.00
Discount (CTF) -$237.50
Total: $2,850.00 $2,850.00
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San Bernardino Public Library
5 year term
1G to CalREN, 1G to branches
Summary Totals Pre Discount Costs (not including Taxes & Surcharges) Estimated Net Costs, after discounts applied (not including Taxes & Surcharges)
NRC* Monthly NRC* Monthly
-$ - - -$ 4,750.00- -$ - - -$ 237.50-
Note 1: Design is for a circuit from Feldheym Central Library to a CalREN Hub site. Circuits from the Branch Libraries are to go to Feldheym Central Library 1G Circuit to CalREN
Connection to HUB Disc % Pre Discount Costs Estimated Net Costs, after discounts applied E-rate Discount for San Bernardino Public Library**: 0.9 CTF Discount***: 0.5
Connection to CalREN Hub at San Bernardino Public Library NRC* Monthly NRC* Monthly Link 1: 1G to CalREN Hub -$ - --$ 1,450.00- -$ - --$ 72.50- Taxes & Surcharges on links Varies
Library Equipment
San Bernardino Public Library is responsible to provide a router with at least one LAN interface. This router should support BGP and NAT. An upgraded Firewall appliance may also be needed to support the data streams. 1G circuits to branches
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Itemized - Main to Branches Pre Discount Costs Estimated Net Costs, after discounts applied Circuits to San Bernardino Public Library NRC* Monthly NRC* Monthly Link2: Inghram Branch Library to Feldheym Central Library -$ - - -$ 1,100.00- -$ - --$ 55.00-
Link3: Rowe Branch Library to Feldheym Central Library -$ - - -$ 1,100.00- -$ - --$ 55.00-
Link4: Villasenor Branch Library to Feldheym Central Library -$ - - -$ 1,100.00- -$ - --$ 55.00-
Taxes & Surcharges on links Varies
Library Equipment
Main Library will need a router or switch with at least one LAN interface. This router should support BGP and NAT. An upgraded Firewall appliance may be necessary. Each branch will also need a router or switch with at least one LAN interface.

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

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

CTF discount is always 50%.

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

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks & Recreation & Community Services
Subject: Authorization to apply for funding through the Office of Grants and Local Services 2024 Arts in California
Parks, Local Parks grant program (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-132, authorizing staff to the apply for grant funds from the Office of Grants and Local Services 2024 Arts in California Parks, Local Parks grant program.

Executive Summary
The Parks, Recreation and Community Services Department requests authorization to apply for grant funding for cultural, artistic and environmental enhancement to existing events, programs, activities and services through the Office of Grants and Local Services 2024 Arts in California Parks, Local Parks grant program. The application will be for the Implementation Track to support and enhance the overall operations and implementation of selected events, programs, activities, and services.

Background
This 2024 Arts in California Parks, Local Parks is a new multi-year grant program intends to create local community connections to California’s rich and diverse cultural history and natural areas in local parks. They will support artists, culture bearers, California Native American tribes, and communities in creating artwork that offers perspective on our past and present and help us imagine our potential.

The program will establish art installations and programming in State and local Packet Page. 848
parks as catalysts for sustainable community connection, health, and well-being.

Eligible projects will enhance connections to local cultural history, local parks, open space or natural areas through community events, programming or installations that help to build sustainable community connections, health, and well-being.

Discussion
The Local Parks Grant Program has $8 million available to distribute in grants over the next 3 grant cycles (2024, 2025, 2026). The funding is available for either a Planning and Development Grant track to cover initial expenses in the early stages of a project plan or the Implementation Grant track which is intended to cover the implementation of the project’s expenses and to support a well-defined partnership’s execution of an artistic and/or cultural project in a local park.

The Parks, Recreation and Community Services Department has increased the number of Cultural events throughout the year, receiving national and statewide recognition with such events as the SB Festival: Where Our Cultures Connect, the Dia de los Muertos Experience, and Lunar New Year Celebration. Additionally, the Department has forged meaningful relationships with local environmental agencies to host community events such as the Arbor/Earth Day Community Garden Beautification and the City recently achieved “Tree City USA” status this year. With the establishment of the cultural and environmental events/achievements, the Department will apply for the Implementation Track to support and enhance the Cultural and Environmental events, programs and services to the San Bernardino community.

Implementation grant proposal criteria must:
• Demonstrate alignment with the goals of Arts in California Parks. • Develop art projects and/or cultural programming that emphasizes the unique characteristics of place and community, offering insightful perspectives on our past and present.
• Implement inclusive community engagement strategies for the art or culture project, integrating creative capital through mentorship and career pathway development to enhance its cultural, historical, and social relevance for diverse audiences.
• The artistic or cultural project is free of cost and inclusive for all, including economic and physical accessibility.
• Project contributes to community connection, health, well-being and/or placemaking.

Preference will be given to proposals that meet multiple criteria listed below:
• Provide participants with meaningful, relevant and/or multiple experiences. • Integrate environmental sustainability practices and stewardship. • A focus on underrepresented parts of the state that traditionally do not have access to these types of resources.

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• Proposals that include a matching grant component, demonstrating a commitment to shared investment and partnership in the project’s success. 2021-2025 Strategic Targets and Goals
The recommended action aligns with Key Target 1.c. Improved Financial & Operational Capacity - Create a framework for spending decisions, Key Target 2.a. Focused, Aligned Leadership and Unified Community - Develop and implement a community engagement plan and Key target 3b. Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service. If approved, the grant application will leverage State funding to support the implementation of cultural and environmental event enhancements.

Fiscal Impact
There is no fiscal impact associated with authorizing staff to apply for the 2024 Arts in California Parks, Local Parks grant program.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2024-132, authorizing staff to the apply for grant funds from the Office of Grants and Local Services 2024 Arts in California Parks, Local Parks grant program.

Attachments
Attachment 1 - Resolution 2024-132 Authorization to Apply for Arts in Ca Parks Grant
Attachment 2 - Arts in Ca Parks Grant Application
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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Resolution No. 2024-132
Resolution 2024-132
June 5, 2024

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RESOLUTION NO. 2024-132

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING STAFF TO APPLY FOR GRANT FUNDS

FROM THE OFFICE OF GRANTS AND LOCAL SERVICES
2024 ARTS IN CALIFORNIA PARKS, LOCAL PARKS
GRANT PROGRAM.

WHEREAS, the State of California Office of Grants and Local Services created the 2024 California Arts in the Parks, Local Grant program to create local community connections to California’s rich and diverse cultural history and natural areas in local parks; and WHEREAS, the Parks, Recreation and Community Services Department would like to apply for grant funding for the Implementation Grant Track to support and enhance the cultural and environmental programs, events and services for the San Bernardino Community; and WHEREAS, the Parks, Recreation and Community Services Department will complete and submit the grant application by June 14, 2024; and
WHEREAS, the 2024 Arts in California Parks funding will provide cultural, artistic, and environmental enhancement to existing programs, events, and activities.

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

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

SECTION 2. Mayor and City Council hereby authorize the Parks, Recreation and Community Services Staff to submit an application to the Office of Grants and Local Services 2024 Arts in California Parks, Local Parks Grant Program; and SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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.

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Resolution No. 2024-132
Resolution 2024-132
June 5, 2024

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of June 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2024-132
Resolution 2024-132
June 5, 2024

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-132, adopted at a regular meeting held on the 5th day of June 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Lydie Gutfeld, Director of Parks, Recreation & Community Services
Department: Parks & Recreation & Community Services
Subject: Accept State Funds for Park Land Replacement
Within the City of San Bernardino (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt resolution 2024-135:

1. Authorizing the City Manager or his designee to accept state funds administered through the California Natural Resources Agency for a Park Land Replacement Project in the amount of $5,000,000; and

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

3. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 Operating Budget in the amount of $5,000,000 in both revenue and expenditures to appropriate the state funds.

Executive Summary
The City received notification of state fund appropriations administered through the California Natural Resources Agency for a Park Land Replacement Project in the amount of $5,000,000. The funds will be used to replace current park land at Seccombe Lake Park that will be used for a new affordable housing project.

Background
The California Natural Resources Agency contacted the City of San Bernardino to notify their administration of state funds to the City in the amount of $5,000,000 in funding to replace the park land at Seccombe Lake Park. This report is intended to accept the award and to commence the grant process to receive awarded funds. The funds need to be allocated to ensure the project can be completed within the period of Packet Page. 860
performance with a project completion date of 12/31/2026.

Discussion
The Seccombe Lake Park in the City of San Bernardino is a 44-acre park just east of downtown. It is the second largest open space in the city. The park is one of the jewels of San Bernardino, featuring bandstands, a lake, and other amenities. In 2022, the City Council committed $9 million in ARPA funds to renovate and restore Seccombe Lake Park. The park resides in one of the lowest income areas of not only San Bernardino, but the entire county, with the average household income within a half mile radius of the park at only $26,000.

With household income so low, the demand for affordable housing in the area is extremely high. In an effort to provide additional affordable housing units to the area near Seccombe Lake Park, the San Bernardino Mayor and City Council in January of 2023 entered into an Exclusive Negotiating Agreement (ENA) with the Richman Group to explore developing 12.5 acres of Seccombe Lake Park’s exterior with between 250 and 300 new housing units. The ENA requires “at least 40 percent of the total number of housing units developed on the site shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of those units shall be affordable to very low-income households.”
Under the Public Park Preservation Act of 1971, park land that is sold must be replaced with new park land and facilities that are of equivalent value. As a result, the City must construct a new park for the proposed affordable housing development to move forward.

The City has identified a 20-acre parcel on Sixth Street, approximately 0.6 miles from Seccombe Lake Park, that could be used to develop a new 12.5 acre park. 2021-2025 Strategic Targets and Goals
This request aligns with Key target 3c. Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service. If approved, the City will leverage State funding to support the development of a new park and affordable housing at Seccombe Lake.

Fiscal Impact
The FY 2023/24 Operating Budget will be amended in the amount of $5,000,000 in both revenues and expenditures. There will be no impact to the General Fund with this item. As the project develops, any General Fund impact will be brought forward for Council consideration and approval.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt resolution 2024-135:

1. Authorizing the City Manager or his designee to accept state funds administered through the California Natural Resources Agency for a Park Land Replacement Packet Page. 861
Project in the amount of $5,000,000; and

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

3. Authorizing the Director of Finance and Management Services to amend the FY 2023/24 Operating Budget in the amount of $5,000,000 in both revenue and expenditures to appropriate the state funds.

Attachments
Attachment 1 – Resolution 2024-135 Accept State Funds for Park Land Replacement Project
Ward:

First Ward
Synopsis of Previous Council Actions:

No previous action.

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Resolution No. 2024-135
Resolution 2024-135
June 5, 2024

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RESOLUTION NO. 2024-135

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE ACCEPTANCE OF GENERAL FUND

GRANT FUNDS FOR THE SECCOMBE LAKE PARK LAND

REPLACEMENT PROJECT AND AMENDING THE FISCAL
YEAR 2023/2024 ADOPTED BUDGET REVENUE AND
EXPENDITURES BY $5,000,000
WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for administration of the grant, project setting up necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require the Grantee to certify by resolution the approval of a Project Information Package before submission of said package to the State; and
WHEREAS, the Grantee will enter into an agreement with the State of California for the above project.

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

SECTION 1. Approves the acceptance of a general fund allocation for local assistance for the above project(s); and
SECTION 2. Certifies that said agency understands the assurances and certifications in the Project Information Form; and
SECTION 3. Certifies that said agency will have sufficient funds to develop, operate and maintain the project consistent with the land tenure requirements of the Grant Agreement; or will secure the resources to do so; and
SECTION 4. Certifies that said agency will comply with the provision of Section 1771.5 of the California Labor Code.

SECTION 5. If applicable, certifies that the project will comply with laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable licenses and permits will have been obtained.

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Resolution No. 2024-135
Resolution 2024-135
June 5, 2024

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SECTION 6. Certifies that said agency has reviewed and understands the General Provisions contained in the Sample Grant Agreement contained in the Procedural Guide; and SECTION 7. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to the Project Information Form, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

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 5th day of June 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2024-135
Resolution 2024-135
June 5, 2024

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-135, adopted at a regular meeting held on the 5th day of June 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Technical Correction for the 2022 Community Oriented Policing Services (COPS) Hiring Program Grant (All
Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-133, approving the Director of Finance & Management Services to amend the Fiscal Year (FY) 2023/24 Operating Budget with an appropriation of $867,223.23 to both revenues and expenditures in grant funds as part of the previously approved 2022 Community Oriented Policing Services (COPS) Grant.

Executive Summary
The Mayor and City Council accepted the $1,250,000 Community Oriented Policing Services (COPS) grant award in November 2022. The Police Department expended $382,776.77 in FY 2022/23, but the remaining $867,223.23 was not carried over into FY 2023/24. Staff is requesting to carry over the remaining balance of the grant as an amendment for FY 2023/24.

Background
The Department of Justice COPS grant is intended to reduce crime and promote public safety through community policing by providing support to law enforcement agencies nationwide. The grant supports hiring law enforcement officers to increase an agency’s community policing and crime prevention capabilities.

On April 14, 2022, the Department of Justice released the FY 2022 COPS Hiring Program (CHP) solicitation. The award provides funding for up to 75 percent of the Packet Page. 866
approved entry-level salary and fringe benefits of each newly hired or rehired full-time sworn career law enforcement officer over three years of the award period. There is a minimum 25 percent local cash match requirement unless otherwise waived, and a maximum federal share of $125,000 per officer position.

On November 15, 2022, the City was awarded $1,250,000 in grant funds for the FY22 Community Oriented Policing Services (COPS) Hiring Grant Program from the Department of Justice. The Mayor and City Council adopted Resolution 2022-241 accepting these funds and increasing the adopted budget by $1,250,000 in grant funds and $348,870.90 in General Fund as part of the grant match requirements.

Discussion
In FY 2022/23, the Police Department expended $382,776.77 of the $1,250,000 grant funding. However, the remaining $867,223.23 was not carried over into FY2023/24 during the annual carryover process. As a result, a budget amendment is required.

The technical correction is needed to carryover the remaining budget from FY2022/23 and increase the revenue and expenditure budgets by $867,223.23 for the 2022 COPS Hiring Grant. This technical correction will allow the Police Department to utilize the 2022 COPS grant that the Mayor and City Council previously approved. 2021-2025 Strategic Targets and Goals
The requested correction of the budget regarding the 2022 Department of Justice, Community Oriented Policing Services (COPS) Hiring Program Grant aligns with Goal No. 1. Improved Operational & Financial Capacity: Implement, maintain, and update a fiscal accountability plan.

Fiscal Impact
There is no General Fund impact with this item. The FY2023/24 Operating Budget will be amended by $867,223.23 in both revenues and expenditures.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-133 approving the Director of Finance & Management Services to amend the Fiscal Year (FY) 2023/24 Operating Budget with an appropriation of $867,223.23 to both revenues and expenditures in grant funds as part of the previously approved 2022 Community Oriented Policing Services (COPS) Grant.

Attachments
Attachment 1 – Resolution No 2024-133
Attachment 2 – Resolution No 2022-241
Attachment 3 – COPS Grant Agreement
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Ward:

All Wards
Synopsis of Previous Council Actions:

November 15, 2022 Approved Resolution 2022-241 to accept the FY2022 COPS Grant Funds
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Resolution No. 2024-133
Resolution 2024-133
June 5, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-133

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DIRECTOR OF FINANCE &

MANAGEMENT SERVICES TO AMEND THE FISCAL
YEAR (FY) 2023/24 OPERATING BUDGET WITH AN
APPROPRIATION OF $867,223.23 TO BOTH REVENUES

AND EXPENDITURES IN GRANT FUNDS AS PART OF
THE PREVIOUSLY APPROVED 2022 COMMUNITY
ORIENTED POLICING SERVICES (COPS) GRANT.

WHEREAS, the City of San Bernardino was awarded the 2022 Department of Justice, Community Oriented Policing Services (COPS) Hiring Program Grant in the amount of $1,250,000 in FY 2022/23, and
WHEREAS, the Police Department expensed $382,776.77 of the COPS Hiring Program Grant in FY 2022/23, and
WHEREAS, the unexpended grant balance of $867,223.23 needs to be amended to the City’s operating expenditure and revenue budget for FY 2023/24, and WHEREAS, the City will continue to utilize these funds to promote community policing efforts and reduce gun related violent crime.

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 Director of Finance & Management Services is hereby authorized to amend the FY 2023/24 Operating Budget with an appropriation of $867,223.23 in both revenues and expenditures in grant funds.

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

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Resolution No. 2024-133
Resolution 2024-133
June 5, 2024

Page 2 of 3 ends

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 5th day of June 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2024-133
Resolution 2024-133
June 5, 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-___, adopted at a regular meeting held on the 5th day of June 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk
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10/31/22, 2:29 PM Funded Award
Award Letter
October 13, 2022
Dear Francisco Hernandez,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Community Oriented Policing Services (the COPS Office) has approved the application submitted by SAN BERNARDINO, CALIFORNIA, CITY OF for an award under the funding opportunity entitled 2022 FY 2022 COPS Hiring Program. The approved award amount is $1,250,000.

Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.

Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by the COPS Office, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award.

Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.

Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date.

To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process.

Congratulations, and we look forward to working with you.

ROBERT CHAPMAN
Acting Director
Office for Civil Rights Notice for All Recipients
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The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.

Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups.

In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards.

If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5).

The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at [email protected].

Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
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Recipient Information
Recipient Name

SAN BERNARDINO, CALIFORNIA, CITY OF
UEI ORI Number
HRJPGFZSC3H6 CA03610
Street 1 Street 2
710 N D ST.

City State/U.S. Territory
SAN BERNARDINO California
Zip/Postal Code Country
92401 United States
County/Parish Province
—— ——
Award Details
Federal Award Date Award Type
10/13/22 Initial
Award Number Supplement Number
15JCOPS-22-GG-03370-UHPX 00
Federal Award Amount Funding Instrument Type
$1,250,000.00 Grant
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Assistance Listing Number Assistance Listings Program Title

16.710 Public Safety Partnership and Community Policing Grants Statutory Authority
The Public Safety Partnership and Community Policing Act of 1994, 34 U.S.C. § 10381 et seq I have read and understand the information presented in this section of the Federal Award Instrument.

Project Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Solicitation Title Awarding Agency
2022 FY 2022 COPS Hiring Program COPS
Application Number
GRANT13635773
Grant Manager Name Phone Number E-mail Address
TAMMY RICHARDSON [email protected]
800-421-6770
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Project Title
FY22 COPS Hiring Program (CHP)
Performance Period Start Date Performance Period End Date 10/01/2022 09/30/2027
Budget Period Start Date Budget Period End Date
10/01/2022 09/30/2027
Project Description
The purpose of the COPS Hiring Program (CHP) program is to advance the practice of community policing through the hire or rehire of additional career law enforcement officers. Funding under this award program will be utilized by local law enforcement agencies to hire and rehire career law enforcement officers necessary to increase the jurisdiction’s community policing capacity to prevent and disrupt crime and violence.

I have read and understand the information presented in this section of the Federal Award Instrument.

Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

A financial analysis of budgeted costs has been completed. All costs listed in the approved budget below were programmatically approved based on the https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&p… 5/22 Packet Page. 879 10/31/22, 2:29 PM Funded Award
final proposed detailed budget and budget narratives submitted by your agency to the COPS Office. Any adjustments or edits to the proposed budget are explained below.

Budget Clearance Date: 9/12/22 6:10 PM
Comments
No items
Budget Category Proposed Budget Change Approved Budget Percentages Sworn Officer Positions
Civilian or Non-Sworn Personnel
Travel
$4,332,696.40 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$4,332,696.40
$0.00
$0.00
$0.00
$0.00
Equipment $0.00
Supplies $0.00 $0.00
SubAwards $0.00 $0.00
Procurement Contracts
Other Costs
$0.00 $0.00
$0.00 $0.00
Indirect Costs $0.00 $0.00
Total Project Costs $4,332,696.40 $4,332,696.40
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Federal Funds: $1,250,000.00
$3,082,696.40
$0.00

28.85%

71.15%

0.00%
Match Amount:

Program Income:

Budget Detail Summary View
Budget Category
Sworn Officer
Civilian Personnel
Travel
Equipment
Supplies
SubAwards
Procurement Contracts
Other Costs
Indirect Costs
I have read and understand the information presented in this section of the Federal Award Instrument.

Other Award Documents
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Approved Problem Focus Area: Violent Crime: Gun Violence 10 Full‐Time Officers Funded
10 New Hires
0 Rehires Previously Laid Off
0 Rehires Scheduled for Lay Off
I have read and understand the information presented in this section of the Federal Award Instrument.

Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
1 Restrictions on Internal Confidentiality Agreements: No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Consolidated Appropriations Act, 2022, Public Law 117-103, Division E, Title VII, Section 742. 2 Duplicative Funding: The recipient understands and agrees to notify the COPS Office if it receives, from any other source, funding for the same item or service also funded under this award.
3 Contract Provision: All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part 200, Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Please see appendices in the Award Owner’s Manual for a full text of the contract provisions. 4 https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&p… 8/22 Packet Page. 882 10/31/22, 2:29 PM Funded Award
Award Monitoring Activities: Federal law requires that recipients receiving federal funding from the COPS Office must be monitored to ensure compliance with their award conditions and other applicable statutes and regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing. Both aspects of award implementation—compliance and programmatic benefits—are part of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office include site visits, enhanced office-based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a COPS Office award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. This includes all financial records, such as general accounting ledgers and all supporting documents. All information pertinent to the implementation of the award is subject to agency review throughout the life of the award, during the close-out process and for three-years after the submission of the final expenditure report. 34 U.S.C. § 10385(a) and 2 C.F.R. §§ 200.334 and 200.337. 5 Authorized Representative Responsibility: The recipient understands that, in accepting this award, the Authorized Representatives declare and certify, among other things, that they possess the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accept (or adopt) all material requirements throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.
6 Termination: Recipient understands and agrees that the COPS Office may terminate funding, in whole or in part, for the following reasons:
(1) When the recipient fails to comply with the terms and conditions of a Federal award. (2) When an award no longer effectuates the program goals or agency priorities, to the extent such termination is authorized by law. (3) When the recipient agrees to the termination and termination conditions. (4) When the recipient provides the COPS Office written notification requesting termination including the reasons, effective date, and the portion of the award to be terminated. The COPS Office may terminate the entire award if the remaining portion will not accomplish the purposes of the award.
(5) Pursuant to any other termination provisions included in the award.

2. C.F.R. § 200.340.
7 Award Owner’s Manual: The recipient agrees to comply with the terms and conditions in the applicable 2022 COPS Office Program Award Owner's Manual; DOJ Grants Financial Guide; COPS Office statute (34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing (STOP) School Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars. 8 Assurances and Certifications: The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its application.
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9 Federal Civil Rights: The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition— a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102); b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise;
c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204.

The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). 10 Mandatory Disclosure: Recipients and subrecipients must timely disclose in writing to the Federal awarding agency or pass-through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Recipients that receive an award over $500,000 must also report certain civil, criminal, or administrative proceedings in SAM and are required to comply with the Term and Condition for Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.339. 2 C.F.R. § 200.113. 11 Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information: Recipients and subrecipients agree not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority relating to a federal contract or award, 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 award. Recipients and subrecipients also agree to provide to their employees in writing (in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner’s Manual for a full text of the statute.
12 False Statements: False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 31 U.S.C. § 3729-3733. https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&… 10/22 Packet Page. 884 10/31/22, 2:29 PM Funded Award
13 System for Award Management (SAM) and Universal Identifier Requirements: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 – Award Term:

I. System for Award Management and Universal Identifier Requirements A. Requirement for System for Award Management
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain current information in the SAM. This includes information on your immediate and highest level owner and subsidiaries, as well as on all of your predecessors that have been awarded a Federal contract or Federal financial assistance within the last three years, if applicable, until you submit the final financial report required under this Federal award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another Federal award term.

B. Requirement for Unique Entity Identifier
If you are authorized to make subawards under this Federal award, you:

1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you until the entity has provided its Unique Entity Identifier to you.

2. May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier to you. Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier.

C. Definitions
For purposes of this term:

1. System for Award Management (SAM) means the Federal repository into which a recipient must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM internet site (currently at https://www.sam.gov).

2. Unique Entity Identifier means the identifier assigned by SAM to uniquely identify business entities.

3. Entity includes non-Federal entities as defined at 2 CFR 200.1 and also includes all of the following, for purposes of this part:
a. A foreign organization;
b. A foreign public entity;
c. A domestic for-profit organization; and
d. A Federal agency.

4. Subaward has the meaning given in 2 CFR 200.1.

5. Subrecipient has the meaning given in 2 CFR 200.1.
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14 Reporting Subawards and Executive Compensation
The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 – Award Term:

I. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.

Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term).

2. Where and when to report.
i. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.)

3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify.
b. Reporting total compensation of recipient executives for non-Federal entities.

1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if—
i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR 170.320; ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and, iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:
i. As part of your registration profile at https://www.sam.gov. https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&… 12/22 Packet Page. 886 10/31/22, 2:29 PM Funded Award
ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives.

1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year.
d. Exemptions.

If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term:

1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f).

2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity;
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iii. A domestic or foreign nonprofit organization; and, iv. A domestic or foreign for-profit organization

3. Executive means officers, managing partners, or any other employees in management positions.

4. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331).
iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.

5. Subrecipient means a non-Federal entity or Federal agency that:
i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward.

6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)). 15 Equal Employment Opportunity Plan (EEOP): All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan. 28 C.F.R. Part 42 subpart E. 16 Reports/Performance Goals: To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible for submitting semi-annual programmatic performance reports that describe project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF-425). 2 C.F.R. §§ 200.328 - 200.329. The performance report is used to track your agency’s progress toward implementing community policing strategies and to collect data to gauge the effectiveness of increasing your agency’s community policing capacity through COPS Office funding. The Federal Financial Report is used to track the expenditures of the recipient’s award funds on a cumulative basis throughout the life of the award.
17 Recipient Integrity and Performance Matters: For awards over $500,000, the recipient agrees to comply with the following requirements of 2 C.F.R.

Part 200, Appendix XII to Part 200 – Award Term and Condition for Recipient Integrity and Performance Matters:
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A. Reporting of Matters Related to Recipient Integrity and Performance

1. General Reporting Requirement
If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.

2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent five-year period; and c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
(3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations.

3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.

4. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&… 15/22 Packet Page. 889 10/31/22, 2:29 PM Funded Award
a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.

5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. 18 Debarment and Suspension: The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from participation in federal assistance programs. 2 C.F.R. Part 180 (Government-wide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part 2867 (DOJ Nonprocurement Debarment and Suspension).
19 Employment Eligibility: The recipient agrees to complete and keep on file, as appropriate, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603. 20 Conflict of Interest: Recipients and subrecipients must disclose in writing to the COPS Office or pass-through entity, as applicable, any potential conflict of interest affecting the awarded federal funding in 2 C.F.R. § 200.112. 21 Additional High-Risk Recipient Requirements: The recipient agrees to comply with any additional requirements that may be imposed during the award performance period if the awarding agency determines that the recipient is a high-risk recipient. 2 C.F.R. § 200.208. https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&… 16/22 Packet Page. 890 10/31/22, 2:29 PM Funded Award
22 Career Law Enforcement Officer: Officer hiring funds may only be used to pay entry-level salaries and fringe benefits for full-time “career law enforcement officers” for 36 months. The COPS Office’s statute defines a “career law enforcement officer” as “a person hired on a permanent basis who is authorized by law or by a State or local public agency to engage in or supervise the prevention, detection, or investigation of violations of criminal laws.” 34 U.S.C. §10389(1). A recipient agency may use officer hiring funds to pay the salary and benefits of recruits while in academy training to become “career law enforcement officers” if it is the standard practice of the agency to do so with locally-funded recruits. The State of Alaska, and any Indian tribe or tribal organization in that State, may also use officer hiring funds for a “village public safety officer” defined as “an individual employed as a village public safety officer under the program established by the State pursuant to Alaska Statute 18.65.670.” Tribal Law and Order Act of 2010, Pub. L. 111-211, title II, § 247 (a)(2). 23 Extensions: Your agency may request an extension of the 60-month award performance period to receive additional time to implement your award program. Such extensions do not provide additional funding. Any request for an extension will be evaluated on a case-by-case basis. Only those recipients that can provide a reasonable justification for delays will be granted no-cost extensions. Reasonable justifications may include difficulties in filling COPS Office-funded positions, officer turnover, or other circumstances that interrupt the 36-month funding period. An extension allows your agency to compensate for such delays by providing additional time to complete the full 36 months of funding for each position awarded. Extension requests must be received prior to the end date of the award. 24 Supplementing, not Supplanting: State, local, and tribal government recipients must use award funds to supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for award purposes (hiring, training, purchases, and/or activities) during the award period. In other words, state, local, and tribal government recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS Office-funded item(s) in the absence of the COPS Office award. 34 U.S.C. § 10384(a).
25 Evaluations: The COPS Office may conduct monitoring or sponsor national evaluations of its award programs. The recipient agrees to cooperate with the monitors and evaluators. 34 U.S.C. § 10385(b). 26 Local Match: COPS Hiring Program award recipients are required to contribute a local match of at least 25 percent towards the total cost of the approved award project, unless waived in writing by the COPS Office. The local match must be a cash match from funds not previously budgeted for law enforcement purposes and must be paid during the award period. The local match contribution must be made on an increasing basis during each year of the three-year award period, with the federal share decreasing accordingly. 34 U.S.C. § 10381(g). 27 Retention: At the time of award application, your agency committed to retaining all sworn officer positions awarded under the CHP award with state https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&… 17/22 Packet Page. 891 10/31/22, 2:29 PM Funded Award
and/or local funds for a minimum of 12 months following the conclusion of 36 months of federal funding for each position, over and above the number of locally-funded sworn officer positions that would have existed in the absence of the award. Your agency cannot satisfy the retention requirement by using CHP-funded positions to fill locally-funded vacancies resulting from attrition. 34 U.S.C. § 10382 (c)(8). 28 Allowable Costs Condition: The funding under this project is for the payment of three years (36 months) of approved full-time entry-level salaries and fringe benefits during the five-year (60 months) period of performance. The maximum federal share is $125,000 per officer position (unless a local match waiver is approved) for career law enforcement officer positions hired and/or rehired on or after the official award start date. Any salary and fringe benefit costs higher than entry-level that your agency pays a CHP-funded officer must be paid with local funds. Your agency is required to use CHP award funds for the specific hiring categories awarded. Funding under this program may be used for the following categories:
• Hiring new officers, which includes filling existing officer vacancies that are no longer funded in your agency’s budget; • Rehiring officers laid off by any jurisdiction as a result of state, local, or Bureau of Indian Affairs (BIA) budget reductions; and/or • Rehiring officers who were, at the time of award application, scheduled to be laid off (by your jurisdiction) on a specific future date as a result of state, local, or BIA budget reductions.

If your agency’s local fiscal conditions have changed and your agency needs to change one or more of the funded hiring categories, your agency should request an award modification and receive prior approval before spending CHP funding under the new category. The approved budget in the award package specifies the amount of CHP funds awarded to your agency. Please note that the salary and fringe benefit costs requested in your CHP application may have been adjusted or removed. Your agency may only be reimbursed for the approved cost categories up to the amounts specified in the approved budget. Only actual allowable costs incurred during the award period will be eligible for reimbursement and drawdown. If your agency experiences any cost savings over the course of the award (for example, your award application overestimated the total entry-level officer salary and fringe benefits package), your agency may not use that excess funding to continue salary payments to the officers beyond 36 months. Any funds remaining after your agency has drawn down for the costs of approved salaries and fringe benefits incurred for each awarded position during the 36-month funding period will be deobligated during the closeout process and should not be spent by your agency. 29 Memorandum of Understanding Requirement (for School Resource Officers only) Recipients using award funding to hire and/or deploy School Resource Officers into schools understand and agree to the following:
• Your agency must submit a signed Memorandum of Understanding (MOU) between the law enforcement agency and the school partner(s) to the COPS Office before obligating or drawing down funds under this award. The MOU must be submitted to the COPS Office within 90 days of the date shown on the award letter.
• Your agency’s MOU must contain the following information; o The purpose of the MOU
o Clearly defined roles and responsibilities of the school district and the law enforcement agency, focusing officers’ roles on safety o Information sharing
o Supervision responsibility and chain of command for the SRO o Signatures
Note: Please refer to the MOU Fact Sheet for a detailed explanation of the requirements under each of the bullets Your agency’s implementation of the CHP award without submission and acceptance of the required MOU may result in expenditures not being reimbursed by the COPS Office and/or award de-obligation. 30 Contracts and/or MOUs with other Jurisdictions: Sworn law enforcement officer positions awarded must be used for law enforcement activities or https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&… 18/22 Packet Page. 892 10/31/22, 2:29 PM Funded Award
services that benefit your agency and the population that it serves. The items funded under the CHP award cannot be utilized by other agencies unless the items benefit the population that your agency serves. Your agency may use items funded under the CHP award to assist other law enforcement agencies under a resource sharing, mutual aid, or other agreement to address multi-jurisdictional issues as described in the agreement.
31 Advancing Department of Justice Priority Problem Focus Areas: This condition applies to agencies that selected one of the following priority crime problem/focus areas to address in their 2021 COPS Hiring Program (CHP) application:
• Building Legitimacy and Trust
• Violent Crime/Gun Violence
• Combatting Hate and Domestic Extremism
• Police-based Response to Persons in Crisis
Your agency understands and agrees to the following: Your agency will implement the one specific community policing plan identified in your CHP award application;
Your agency will address its specific priority crime problem throughout the entire CHP award period; Your agency will implement any organizational changes identified in its CHP award application; Your agency will cooperate with any award monitoring by the COPS Office to ensure that it is initiating or enhancing its community policing efforts to address its priority crime problem, which may include your agency having to respond to additional or modified reporting requirements. 32 Modifications: Occasionally, a change in an agency’s fiscal or law enforcement situation necessitates a change in its COPS Office CHP award.

Award modifications under CHP are evaluated on a case-by-case basis in accordance with 2 C.F.R. § 200.308. For federal awards in excess of $250,000, any modification request involving the reallocation of funding between budget categories that exceed or are expected to exceed 10 percent (10%) of the total approved budget requires prior written approval by the COPS Office. Regardless of the federal award amount or budget modification percentage, any reallocation of funding is limited to approved budget categories. In addition, any budget modification that changes the scope of the project requires prior written approval by the COPS Office. In addition, please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds.

In addition, modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category and/or reduce the total number of positions awarded. For example, if an agency was awarded CHP funding for two new, additional sworn officer positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the rehire category for officers laid off or scheduled for layoff on a specific future date post-application, the agency would have to request a modification. The COPS Office will only consider a modification request after an agency makes final, approved budget and/or personnel decisions. An agency may implement the modified award following written approval from the COPS Office. Please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds.

During the CHP award period, it may become necessary for an agency to modify its CHP award due to changes in an agency’s fiscal or law enforcement situation. Modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category, reduce the total number of positions awarded, shift funds among benefit categories, and/or reduce the entry-level salary and fringe benefit amounts. For example, an agency may have been awarded CHP funding for 10 new, additional full-time sworn officer positions, but due to severe fiscal distress/constraints, the agency determines it is unable to sustain all 10 positions and must reduce its request to five full-time positions; or an agency may have been awarded CHP funding for two new, additional sworn officer positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new hire category to the rehire https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&… 19/22 Packet Page. 893 10/31/22, 2:29 PM Funded Award
category for officers laid off or scheduled for layoff on a specific future date post-application. Award modifications under CHP are evaluated on a case-by-case basis. The COPS Office will only consider a modification request after an agency makes final, approved budget and/or personnel decisions. An agency may implement the modified award following written approval from the COPS Office. Please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds. 33 School Resource Officer (SRO) Training Requirement: COPS Office-funded SRO(s) are required to complete an SRO 40-hour basic training course from a list of COPS Office approved provider(s). Training must be completed no later than nine months after the date shown on the award congratulatory letter or six months from the SRO hire date; whichever comes first. If a COPS Office-funded SRO leaves the recipient agency after completing the training, the recipient agrees to pay for the new SRO, who is assigned to backfill this position, to attend a 40 hour basic training course. The new SRO must complete the training no later than nine months after being placed in the school. If the officer has completed 40-hour basic training within the last 12 months prior to the award date, the condition has been fulfilled. Any longer than 12 months will require the officers to retake the course. The agency must coordinate with the training provider if they want funds to cover registration and travel costs. 34 Community Policing: Community policing activities to be initiated or enhanced by your agency and the officers funded by this award program were identified and described in your CHP award application. Your agency developed a community policing plan for the CHP award with specific reference to a crime or disorder problem and the following elements of community policing: (a) problem solving—your agency’s plan to assess and respond to the problem identified; (b) community partnerships and support, including related governmental and community initiatives that complement your agency’s proposed use of CHP funding; and (c) organizational transformation—how your agency will use the funds to reorient its mission to community policing or enhance its involvement in and commitment to community policing. Throughout the CHP award period, your agency is required to implement the community policing plan it set forth in the CHP award application.

The COPS Office defines community policing as a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. CHP awards through the specific officers funded (or an equal number of redeployed veteran officers) must be used to initiate or enhance community policing activities. All newly hired additional or rehired officers (or an equal number of redeployed veteran officers) funded under CHP must implement your agency’s approved community policing plan, which you described in your award application. 35 Background Investigations: Recipients agree to ensure that each officer(s) hired with CHP funding will be subject to a background investigation, notify the COPS Office upon completion of the background investigation for each officer hired under the CHP award, and cooperate with the COPS Office and provide updates on the status of background investigations upon request. 2 C.F.R. § 200.208 If the COPS Office determines that CHP funds are being used to pay the salary and fringe benefits of an officer who has not undergone a background investigation, the COPS Office may temporarily suspend grant funds in accordance with 2 C.F.R. §200.339 until the agency can demonstrate the background investigation has been completed.

I have read and understand the information presented in this section of the Federal Award Instrument. https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzProcessURLInWindow&Prompt=false&PrintHarness=&… 20/22 Packet Page. 894 10/31/22, 2:29 PM Funded Award
Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.

B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.

C. Accept this award on behalf of the applicant.

D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise.

Agency Approval
Title of Approving Official
Acting Director
Name of Approving Official

ROBERT CHAPMAN
Signed Date And Time
9/19/22 2:32 PM
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Authorized Representative
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 5, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Authorize the Acceptance, Obligation, and
Expenditure of the Allocated Citizens’ Option for
Public Safety (COPS) (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No 2024-134:

1. Authorizing the acceptance of the FY 2023/24 Citizens' Option for Public Safety (COPS) funds.

2. Authorizing the Director of Finance & Management Services to amend the operating budget by $341,808.27 in both revenue and expenses.

3. Authorizing the Police Department to encumber and expend the allocated Citizens’ Option for Public Safety (COPS) funds for FY 2023/24.

Executive Summary
The Department requests obligation and expenditure of COPS funds to purchase an armored vehicle, ballistic helmets, and overtime for data-driven crime prevention programs. The Department will follow all established purchasing procedures and return to the council for approval as required.

Background
The Citizens Option for Public Safety (COPS) program (AB 3229) provides funding exclusively to support front-line law enforcement. The money must supplement existing services and be used in accordance with written request by the Chief of Police or Chief Administrator of the law enforcement agency that provides services for the City. The City accepted $300,000 of COPS funding for fiscal year 23/24 through the budget adoption. The actual amount of COPS funding granted to the City for fiscal year 23/24 is $641,808.27. The funds must be expended or encumbered by June 30th.

Packet Page. 897
Discussion
After assessing needs, the Department believes the following items are critical to supporting front-line law enforcement services:

1. Armored Personnel Carrier - $385,000.00

2. Equipment and overtime to support data-driven crime suppression programs - $256,808.27
Armored Personnel Carriers/Rescue vehicles can be beneficial for police departments for several reasons:

1. Enhanced Safety: Armored personnel carriers/rescue vehicles provide a higher level of protection for officers during high-risk situations, such as dealing with armed suspects, hostage situations, or terrorist threats. They are designed to withstand gunfire and other types of attacks, helping to reduce casualties among law enforcement personnel.

2. Effective Response: These vehicles enable police to approach dangerous scenes more closely and securely, which can be crucial in resolving situations quickly and safely. This capability is especially important during active shooter incidents or when officers need to evacuate civilians from a danger zone.

3. Tactical Advantage: Armored personnel carriers/rescue vehicles can offer tactical advantages in terms of mobility and the ability to control larger areas. They can be used to establish perimeters, control crowds, and provide a mobile shield for officers as they perform their duties in potentially hazardous environments.

4. Rescue Operations: In addition to tactical law enforcement operations, these vehicles can be vital in rescue operations during natural disasters like floods and largescale fires. Their robust build allows them to navigate through debris and flooded areas, rescuing stranded individuals and delivering emergency supplies.

5. Deterrent Effect: The mere presence of an armored vehicle can act as a deterrent to criminal activity. It signals a serious law enforcement response and can help to prevent escalation during volatile situations.

6. Multi-purpose Use: Many armored vehicles are equipped with additional features like communication equipment, which can be used in a variety of scenarios, from natural disaster response to large-scale public events, enhancing overall public safety infrastructure.

The Department requests the remaining funds to be encumbered to purchase equipment and overtime to support data-driven crime suppression details throughout the summer. These programs include crime impact patrols and youth intervention Packet Page. 898
programs.

The Department will follow the appropriate purchasing procedures. All items that require further authorization will be returned to the council for approval. 2021-2025 Strategic Targets and Goals
The request to encumber the COPS funds aligns with Goal No. 3: Improved Quality of Life - Evaluate and enhance the quality of public safety services.

Fiscal Impact
There is no fiscal impact to the General Fund. Revenues and expenditures will be amended in FY 2023/24 Operating Budget by $341,808.27.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No 2024-134:

1. Authorizing the acceptance of the FY 2023/24 Citizens' Option for Public Safety (COPS) funds.

2. Authorizing the Director of Finance & Management Services to amend the operating budget by $341,808.27 in both revenue and expenses.

3. Authorizing the Police Department to encumber and expend the allocated Citizens’ Option for Public Safety (COPS) funds for FY 2023/24.

Attachments
Attachment 1 - Resolution No. 2024-134
Ward: All
Synopsis of Previous Council Actions:

June 21, 2023 Mayor and City Council adopted Resolution 2023-080 Approving the Fiscal Year 2023-24 Operating Budget including projected COPS funds.

Packet Page. 899
Resolution No. 2024-134
Resolution 2024-134
June 5, 2024

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Mayor and City CouncilJune 5, 2024

Mayor and City Council
June 5, 2024