Agenda packet — Mayor and City Council, November 20, 2024 (part 1 of 9)

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

CITY OF SAN BERNARDINO
AGENDA

FOR THE

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

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

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

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

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

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

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, NOVEMBER 20, 2024
4:00 PM CLOSED SESSION 5:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • 555 W 6TH STREET, SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez Helen Tran Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Rochelle Clayton
COUNCIL MEMBER, WARD 2 ACTING CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
MAYOR PRO TEM, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 3845002 TWO

WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR

REASONABLE ACCOMMODATIONS
To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup.

Select the corresponding year and meeting date folders to view documents.

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

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Mayor Pro Tem, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor Helen Tran
Acting City Manager Rochelle Clayton
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
4:00 P.M.

CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION Pg. 15
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Don Smith v. John Valdivia in his individual and official capacity, et al., San Bernardino Superior Court Case No. CIVSB2025375

B) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code Section 54957)
Title: City Attorney (City Attorney Initiated)
5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PRESENTATIONS

1. Proclamation for Family Caregivers Month in the City of San Bernardino – November 2024 (All Wards) Pg. 16

2. Proclamation for Small Business Saturday in the City of San Bernardino – November 30, 2024 (AllWards) Pg. 18

CITY MANAGER UPDATE
Mayor and City Council of the City of San Bernardino Page 3

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CONSENT CALENDAR

3. Approval of Various Mayor and City Council Meeting Minutes Pg. 20 Recommendation:

It is recommended that the City Council approve the minutes for the following meeting dates:

1. September 1, 2021, Regular Meeting of the Mayor and CityCouncil

2. October 20, 2021, Regular Meeting of the Mayor and CityCouncil

4. First Amendment to the American Rescue Plan Act Subaward Agreement with Lutheran Social Services of Southern California. (Grant) (Ward 2) Pg. 52 Recommendation:

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

1. Approve Amendment No. 1 to the Subaward Agreement with Lutheran Social Services of Southern California (LSSSC) to use American Rescue Plan Act (ARPA) funds for the operational cost of the 140bed San Bernardino Community Wellness Campus (SBCWC) on LSSSC privately owned property located at 1354 N G St, San Bernardino;and

2. Authorize the City Manager or their designee to take any further actions and execute any additional agreements or documents as necessary, including minor and substantive changes.

5. Award Professional Services Agreement to Environmental Kleanup, Inc. for Nuisance Abatement Services (All Wards) Pg. 93
Recommendation:

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

1. Approve the award of a Professional Service Agreement with Environmental Kleanup for Nuisance Abatement Services, in a total amount not to exceed $655,981.50.

2. Authorize the Director of Finance and Management Services to issue an annual Purchase Order to Environmental Kleanup Services, Inc. in total amount not to exceed $655,981.50.

6. Amendment No. 1 to the Motel Voucher Program Professional Services Agreements with Anand Patel (All Wards) Pg. 190
Recommendation:

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

1. Approve Amendment No. 1 with Anand Patel (PaAn, Inc., Namaste Sitiye Inc., and SB Hotel North LLC) for the provision of 130 motel rooms and 200 beds and extend the term of the agreements to December 31, 2026.

2. Authorize the City Manager or their designee to take further actions and execute any additional agreements or documents necessary to continue implementing the Emergency Shelter Program.

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

7. Resolution Declaring Intent to Conduct Public Hearing to Order Street Vacation (15.30442), of a Portion of Iola Place, East of North “D” Street and North of West Baseline Street, and the Reservation of Utilities Therein (Ward 2) Pg. 360 Recommendation:

Adopt Resolution No. 2024222 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a portion of Iola Place east of North “D” Street and north of West Baseline Street, and reservation of utilities therein.

8. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for September 2024 (All Wards) Pg. 369
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for September 2024.

9. Investment Portfolio Report for July, August, September 2024 (All Wards) Pg. 477 Recommendation:

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 July, August, September 2024.

10. Resolution to Approve the Recognized Obligation Payment Schedule (ROPS) 2025 26 A and B (All Wards) Pg. 530
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, acting in its capacity as the Successor Agency to the Redevelopment Agency of the City of SanBernardino:

1. Adopt Resolution No. 2024223 to Approve the Recognized Obligation Payment Schedule (ROPS) 2526 A and B;and

2. Authorize the City Manager, as the Successor Agency’s Executive Director or designee, to:
a. Transmit the ROPS 2526 A and B to the State Department of Finance and other designated agencies as prescribed by the California Health and Safety Code (HSC);
b. Make ministerial revisions to ROPS 2526 A and B, which may include, but are not limited to restating the information included within ROPS 2526 A and B in any format that may be requested by the State Department of Finance;
c. Take such other actions and execute such other documents as are necessary to effectuate the ROPS; and
d. Implement ROPS 2526 A and B on behalf of the Successor Agency, including authorizing and causing such payments as authorized by ROPS 2526 A andB.

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

11. Request for Purchase Authorization to expand cloudhosted VoIP phone system for the Library and Parks and Recreation (All Wards) Pg. 541 Recommendation:

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

1. Authorize the City Manager to execute a Vendor Services Agreement with Intelesys for purchasing Voice Over Internet Protocol (VoIP) services using the TIPS agreement, as approved for funding through the FY 2024/25 Operating Budget; and

2. Authorize the Director of Finance & Management Services to issue purchase orders in the amount not to exceed $58,166.28 for the 24month term to Intelesys and GoTo for the Voice Over Internet Protocol (VoIP) services; and

3. Authorize the Director of Information Technology to add additional lines of service as needed during the term of service for new hires or locations.

12. Acceptance of 2024 COPS CHP Grant (All Wards) Pg. 623 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024224 authorizing:

1. The City Manager to Accept the 2024 Department of Justice Community Oriented Policing Services Grant.

2. The Director of Finance and Management Services to amend the FY 2024/25 Adopted Budget with an appropriation of $625,000.00 in both revenues and expenditures in grant funds and $432,439.30 in General Fund expenditures in grant match requirements.

3. The Police Department to increase sworn staffing from 311 to 316.

13. Amendment No. 3 Agreement with RHA Landscape Architects – Planners Inc. for Nicholson Park Design (Ward 6) Pg. 649
Recommendation:

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

1. Approve Amendment No. 3 to the Professional Design Services Agreement with RHA Landscape Architects – Planners Inc. in the amount of $20,000 for Nicholson Park (Project);and

2. Authorize project contingencies in the total amount of $5,000 for additional services for the Project; and

3. Authorize the City Manager or designee to execute all documents with RHA Landscape Architects – Planners Inc.;and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete theproject.

5. Extend the term of the agreement to December 30,2025.

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

14. Award of Agreement for Construction of Connector Pipe Screen Project (All Wards) Pg. 710
Recommendation:

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

1. Approve the award of an Agreement with United Storm Water, Inc. in the amount of $112,840.00 for the Connector Pipe Screen (Project);and

2. Authorize the construction project, construction contingencies, and construction management costs in the total amount of $27,000.00 for construction of the Project; and

3. Authorize the City Manager or designee to execute all documents with United Storm Water, Inc;and

4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

15. Approval of Agreement for the Purchase and Implementation of SWARCO McCain’s Transparity Intersection Management System Software (All Wards) Pg. 895 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024225:

1. Authorizing the City Manager or designee to approve the award of an Agreement with SWARCO McCain for the purchase of Transparity Intersection Management System (IMS) licensing and data services for $246,663., and 2070LX Controllers for $22,598.25, for a total of $269,261.25; and

2. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Project (CIP) budget to utilize funding from specific projects for the traffic management system.

Allocate $97,473.68 from the Highland Interconnect Project, $93,723.77 from the Baseline Interconnect Project, and $78,063.80 from the Traffic Management Center project budget, funded with local regional circulation monies, for a total project budget of $269,261.25;and

3. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Project (CIP) budget to include the necessary adjustments for funding the traffic management project; and

4. Authorizing the City Manager or designee to execute all documents with SWARCO McCain necessary for the project.

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

16. Award of Design Services Agreement for the Police Locker Room Renovation (Ward 1) Pg. 912
Recommendation:

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

1. Authorize the City Manager or designee to approve the award of a Design Services Agreement with TR Design Group, Inc. in the not to exceed amount of $549,967.57 for Police Locker Room Renovation (Project); and

2. Authorize the City Manager or designee to execute all documents with TR Design Group Inc.

17. Approve Stop Sign Installation on Harwick Drive & Wier Road and 13th Street and Sierra Way (Ward 2, 3) Pg. 970
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024226, authorizing the City Manager or designee to amend the City’s Master List of certain streets or portions thereof as through highways and authorizing the establishments of Stop control at the following intersections:
a. Harwick Drive & Wier Road (Ward 3)
b. 13th Street and Sierra Way (Ward2)

DISCUSSION

18. Accept the FY 2024 COPS Technology and Equipment Funds and Purchase Data Integration Software and Cameras to Support the Real Time Information Center (All Wards) Pg. 993
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024227 authorizing the following:

1. The City Manager to accept the FY2024 COPS Technology and Equipment Program Funds.

2. The City Manager to execute professional service agreements with Vector Resources Inc., for the creation of a public safety surveillance system, Peregrine Technologies Inc. for a realtime decision and operations management platform and Axon for Fusus by Axon, for data integration software and subsequent amendments.

3. The Interim Director of Finance and Management Services to amend the Fiscal Year 2023/24 Adopted Budget by $963,000 in revenues and expenditures.

4. The Interim Director of Finance and Management Services to issue purchase orders in amounts not to exceed $1,350,000, to Vector Resources Inc., $1,000,000 to Peregrine Technologies Inc., and an amount not to exceed $1,950,000 to Axon for Fusus byAxon.

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

19. Approval of the Software and Implementation Services with Gray Quarter / Accela for the integration of a Land Management System, and Related Staffing Actions (All Wards) Pg. 1174
Recommendation:

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

1. Approve the software and implementation services with Gray Quarter / Accela, for the implementation of an integrated Land Management System (LMS) in a nottoexceed amount of $3,200,000, for the term beginning January 1, 2025 and ending June 30, 2027;

2. Authorize the City Manager, or designee, to sign the agreements, make ministerial revisions and any subsequent amendments to the scope of work without increase to the contract award amount, subject to the review and approval by the City Attorney as toform;

3. Authorize the City Manager, or designee, to execute seven (7) optional oneyear amendments at approximately $500,000 annually for FYs 202627 through 203233;

4. Authorize the City Manager, or designee, to execute a Professional Services Agreement with Onsite Computing for data conversion services for an amount not to exceed $520,000 (includes a 10% contingency) and execute all documents to effectuate the Agreement for the term beginning January 1, 2025 and ending December 31, 2026; and

5. Authorize the City Manager, or designee, to execute a Professional Services Agreements with Willdan, CSG Consultants, and Rick Engineering each for an amount not to exceed $448,800 respectively (includes a 10% contingency), for supplemental staffing and execute all documents to effectuate the Agreement for the term beginning January 1, 2025, and ending December 31,2026.

20. Approval of the ERP Migration Plan and Associated Agreements for Oracle Cloud, Data Conversion, and Supplemental Staffing Services (All Wards) Pg. 1657 Recommendation:

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

1. Approve the migration plan for Financial, Budget, and Human Capital Management (HCM) and the related Applications Software Technology, LLC (AST) for systems integration for a not to exceed amount of $6,000,000 (which includes a 10% contingency) for the term beginning January 1, 2025 and ending February 28, 2027;

3. Authorize the City Manager, or designee, execute seven (7) optional oneyear amendments at approximately $500,000 annually for FYs 202627 through 203233;

4. Authorize the City Manager, or designee, to execute a Professional Services Agreement with Onsite Computing for data conversion services for an amount not to exceed $780,000 (includes a 10% contingency) and execute all documents to effectuate the Agreement for the term beginning January 1, 2025 and ending December 31, 2026;and

5. Authorize the City Manager, or designee, to execute a Professional Services Agreement with MV Cheng & Associates for supplemental staffing services for an amount not to exceed $1,937,000 (includes a 10% contingency) and execute all documents to effectuate the Agreement for the term beginning January 1, 2025 and ending December 31,2026.

21. Discuss and provide direction regarding Termination of City Attorney contract and immediately Appoint Interim City Attorney and evaluate appropriate City Attorney services for the City. Pg. 2003
Recommendation:

Discuss and provide direction to Staff.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on December 04, 2024 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

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

CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the November 20, 2024, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, November 15, 2024.

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

Mayor and City Council of the City of San Bernardino Page 11 NOTICE:

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.

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

Public Comments and Testimony:

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

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

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

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

Rule 5. Time Limits:

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

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

Mayor and City Council of the City of San Bernardino Page 12 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

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

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

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

Mayor and City Council of the City of San Bernardino Page 13

ALTERNATE MEETING VIEWING METHOD
If there are issues with the main live stream for the Mayor and City Council you may view the alternate stream on TV3
https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6

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

Written comments can be emailed to [email protected]. Written public comments received up to 2:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup .

Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the 2:30 p.m. deadline will not be accepted.

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

Written correspondence submitted after the deadline will be provided to the Mayor and City Council at the following regular meeting.

MEETING TIME
NOTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M.to discuss specified items.” Mayor and City Council of the City of San Bernardino Page 14

THIS PAGE WAS INTENTIONALLY LEFT BLANK

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: November 20, 2024
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney; Rochelle Clayton, Acting City Manager
Department: City Manager's Office
Subject: Closed Session
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Don Smith v. John Valdivia in his individual and official capacity, et al., San Bernardino Superior Court Case No. CIVSB2025375

B) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Government Code Section 54957)
Title: City Attorney (City Attorney Initiated)
Packet Page. 15

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: November 20, 2024
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Family Caregivers Month in the City of San Bernardino – November 2024 (All Wards)

Packet Page. 16

A PROCLAMATION OF

THE MAYOR AND CITY COUNCIL
PROCLAIMING NOVEMBER 2024, AS

FAMILY CAREGIVERS MONTH

IN THE CITY OF SAN BERNARDINO
WHEREAS, 5,226 In-Home Supportive Services (IHSS) workers who reside in the City of San Bernardino deliver quality care to over 5,400 of our most vulnerable residents, including seniors and adults and children with disabilities, and;
WHEREAS, IHSS providers allow the City’s low-income seniors and people with disabilities to receive quality care in the comfort of their own home by people they trust instead of being sent to an institution giving consumers an opportunity to stay in the communities they know and love; and, WHEREAS, the selfless work of home care workers often goes unnoticed and the financial struggles caregivers and their families experience due to increased rents, cost of living and inflation further increase the dire need for livable wages in the City of San Bernardino; and, WHEREAS, the frontline essential work that IHSS workers provided, and continue to provide, during the COVID pandemic while earning close to minimum wage with many not having access to affordable healthcare; and,
WHEREAS, approximately 58% of homecare workers in California need other forms of tax funded public assistance in order to survive; and,
WHEREAS, homecare workers in California spend about 50% of their monthly income on rent/housing; and,
WHEREAS, in order to meet the future demands of caregiving and improve the recruitment and retention of caregivers and ensure the continuity of care to seniors and those living with disabilities, we must ensure that home care jobs are good jobs that deliver dignity standards which include livable wages, access to affordable health care, retirement security, and training; and, WHEREAS, providing home care workers with a livable wage will generate demands for goods and services in the local economy, stimulate increased employment opportunities, and create additional income which will in turn lead to additional spending in the City of San Bernardino.

THEREFORE BE IT RESOLVED, THAT, the Mayor and the City Council of San Bernardino stands united with home care workers, seniors and people with disabilities who rely on this vital care, acknowledging the essential work and contributions they bring to the City of San Bernardino by officially proclaiming November as Family Caregivers Month.

Presented this 20th day of November 2024
Packet Page. 17

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: November 20, 2024
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Small Business Saturday in the City of San Bernardino – November 30, 2024 (All Wards)

Packet Page. 18

A PROCLAMATION OF

THE MAYOR AND CITY COUNCIL
PROCLAIMING NOVEMBER 30, 2024, AS

SMALL BUSINESS SATURDAY

IN THE CITY OF SAN BERNARDINO
WHEREAS, Small Business Saturday is celebrated annually on the Saturday following Thanksgiving, serving as a vital reminder to support local small businesses that are the backbone of our economy and community; and,
WHEREAS, small businesses in San Bernardino employ thousands of residents, foster innovation, and contribute significantly to the unique character and cultural richness of our city; and, WHEREAS, shopping small not only helps our local economy but also strengthens community ties, as small businesses often give back through sponsorships, donations, and participation in community events; and,
WHEREAS, the City of San Bernardino recognizes the challenges faced by small businesses, particularly in the wake of economic shifts and global changes, and commits to supporting their recovery and growth; and,
WHEREAS, by choosing to shop local, residents can help sustain the unique offerings of our small businesses, ensuring that our community continues to thrive and flourish; and, WHEREAS, we celebrate the entrepreneurial spirit that embodies San Bernardino, highlighting the hard work and creativity of small business owners who enhance our community's identity; and, WHEREAS, it is essential for all citizens to embrace the importance of local shopping and take action to support the small businesses that contribute to our economy and community well-being.

THEREFORE BE IT RESOLVED, THAT, the Mayor and the City Council of San Bernardino do hereby proclaim Saturday, November 30, 2024, as Small Business Saturday in the City of San Bernardino. We encourage all residents to visit local shops, dine at our neighborhood restaurants, and support the small businesses that make our city unique. Together, we can strengthen our local economy and foster a sense of community pride.

Presented on the 20th Day of November 2024
Packet Page. 19

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 20, 2024
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Department: City Clerk
Subject: Approval of Various Mayor and City Council Meeting Minutes
Recommendation:

It is recommended that the City Council approve the minutes for the following meeting dates:

1. September 1, 2021 Regular Meeting of the Mayor and City Council

2. October 20, 2021 Regular Meeting of the Mayor and City Council Click or tap here to enter text.

Click or tap here to enter text.

Packet Page. 20

DRAFT MINUTES
For the
Regular Meeting of the Mayor and City Council
of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority WEDNESDAY, SEPTEMBER 1, 2021
5:30 PM
Closed Session was called to order at 5:31 PM by Mayor John Valdivia on Wednesday, September 1, 2021, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Mayor Pro-Tem, Ward 2 Present 5:34pm
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present 5:35pm
Kimberly Calvin Council Member, Ward 6 Present 5:33pm
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M.

CLOSED SESSION PUBLIC COMMENT
There were no public comments for Closed Session.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Arrowhead Professional Center, et al. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1909462 (HR & CA) B) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957):

Title: City Attorney
(MCC)
7:00 PM
The Regular Meeting was called to order at 7:06 PM by Mayor John Valdivia on Wednesday, September 1, 2021, at Feldheym Central Library, San Bernardino, CA.

INVOCATION AND PLEDGE OF ALLEGIANCE
Interim Pastor Milo Ken Anderson of the Lutheran Church of Our Savior led the invocation and Pledge of Allegiance.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated there was no reportable action from Closed Session.

CITY MANAGER UPDATE
Robert D. Field, City Manager, provided city-wide updates. He reported that the reduced fee adoption program for animal services was extended through September 19. National Voter Registration Day is September 28th, and everyone was encouraged to register.

There was an official mail ballot box in front of the 201 building. Houses were being built in San Bernardino, including Warmington Homes, Rancho Palmer, and more. The wounded officers were recovering well. For public works, there was a community dump day on August 28th and it was very successful. The Civics Plaza sign was repainted. A ton of work on the streets of San Bernardino was being done, and there were several rehab projects ongoing. There was park maintenance work being done. A traffic signal was replaced at Mill and Waterman.

MAYOR AND CITY COUNCIL UPDATES
At this time, the Mayor and City Council provided updates to the community.

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Mayor and City Council of the City of San Bernardino Page 3 Council Member Alexander reported that he held his first Commissioner Appreciation for all seven wards, and he paid for everyone’s meals at dinner. On August 28th, he attended the daddy-daughter appreciation dance. On September 8th, Valencia was having its second neighborhood association meeting at Denny’s. On September 20th, the seventh ward general plan meeting was being held at Cathedral Appraise at 6:00 pm.

Council Member Calvin reported that there was a meeting at Nicholson Park. Omnitrans had free rides for all scholars, K-12, with their ID. On September 9th at Shannon Hills Golf Course, all residents of Ward 6 could share what they felt was needed in the general plan.

She thanked Mr. Huntley for the Emergency Rental Assistance Program (ERAP) funds and stated that funds were still being handed out for anyone with difficulty paying rent.

Council Member Reynoso reported that there was close to $1 million that had been sent out in ERAP funds. He echoed thanks to Mr. Huntley.

Mayor Valdivia extended his condolences to the Wilcox family for the loss of the former mayor, Evelyn Wilcox. He reported that he attended a California Cleanup workshop. He asked that the City Manager appropriate resources to partner up with Omnitrans and others. He encouraged more participation from city staff and reported that the next meeting was on September 7th.

Council Member Shorett announced the passing of Jerry Quiel, recognizing his involvement in the business community, and extended his condolences. The San Bernardino 2050 Future is Ours workshops were being held to talk about the general plan.

On Thursday, September 9, and Friday, September 10th, meetings would be held at the Shannon Hills golf course. On Monday, September 20th, at the Cathedral of Praise. All workshops were from 6 to 8 pm and everyone was welcome. On Friday, September 17th, there was an event at the Banquet Room to view draft ideas for the Downtown-Specific plan. DRNAG would be meeting on Saturday, September 18th from 10 am to 12 pm at an outdoor hotdog social at Grace Church for a water department update. There would also be a meeting on September 25th for the monthly neighborhood cleanup with Dr. Nag.

Wildwood Park would begin to reconvene on September 30th at 6 pm, for an end-of-thesummer ice cream social at the Lutheran Church.

Council Member Figueroa reported that the Lytle Creek Park Community Center would have a playdate on Friday, September 24th from 4 pm to 5 pm. There would be games and other activities for children. There would be other activities at the Community Center in October and November, including cooking and crafts. He acknowledged the military service members and the lives that were lost in Afghanistan.

Mayor Pro-Tem Ibarra encouraged everyone to attend the San Bernardino 2050 Future is Ours workshops. She reported that she attended one at Shandin Hills, voiced concerns about where the event was being held, and suggested several other meeting locations.

She went to the third SB Foodfest. On September 11th, there would be a monthly presidential meeting at the Garcia Arts Center for the presidents of the neighborhood associations. She extended condolences to the Wilcox family, the Quiel family, and the families of those who were lost in Afghanistan.

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Mayor and City Council of the City of San Bernardino Page 4 Council Member Sanchez reported that the 8th Annual Rendezvous Back to Route 66 would be held on October 2 from 9 am to 9 pm, and the day would include food, miscellaneous vendors, and entertainment. He recognized two long-time employees, Jim Tickemyer and Eric McBride, who would be leaving San Bernardino.

PRESENTATIONS

1. San Bernardino County Fire Department EMS Update
Assistant Fire Chief Dan Mejia provided an update on the EMS ambulance delivery. He discussed challenges that were being seen county-wide, including increased response times due to a shortage of paramedics because of COVID-19, increased hospital wait times that led to longer wait times to get patients off of the gurneys and into hospitals, and longer response times. The Fire Chiefs met to come up with solutions, including putting in more BLS (Basic Life Service) ambulances.

Mayor Valdivia asked if there was a continued plan to increase the coverage. Assistant Fire Chief Dan Mejia reported that there were several working models, and they would love to go to more squad models that could be developed in the future. Mayor Valdivia asked what the average response times throughout the city were. Assistant Fire Chief Dan Mejia reported they were 7.5 minutes.

Council Member Shorett asked if it would be the new normal. Assistant Fire Chief Dan Mejia reported that they were hoping that the AMR classes would be started soon, and that would help the situation.

Council Member Calvin asked if any recruitment was being done in the city. Assistant Fire Chief Dan Mejia stated that there was recruitment being done, and it was being discussed to put individuals out of high school through a fire academy and supporting students through paramedic school.

2. SB1383 CalRecycle Presentation
Darin Sprecher and Cathy McDonald from CalRecycle made a presentation on Senate Bill 1383. Senate Bill 1383 was a law establishing reduction targets for emissions. One goal was to recover at least 20% of edible food that was being put into the landfill. The regulations took effect in 2022, and statewide targets included reducing organic waste.

The key implementation dates were presented. The city would need a mechanism in place to take enforcement actions to ensure compliance.

Mayor Valdivia asked about regulations that would be placed on businesses. Cathy McDonald stated that there was a proposal in front of the Senate that would help provide funding for businesses.

Council Member Reynoso asked if anything was out of compliance. Cathy McDonald stated that the city was allowed waivers for some residents who were out of compliance for recycling due to not having enough room. Assessments could also be done to see what could be adjusted to have recycling.

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3. Prostate Cancer Awareness Month - September 2021
Mayor Valdivia read the Proclamation for Prostate Cancer Awareness Month.

4. National Library Card Sign-Up and Literacy Month - September 2021 Mayor Valdivia presented the Proclamation to Ed Erjavek, Library Director.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Treasure Ortiz spoke about the “Oxbow” issue, homelessness, and city staffing, raising concerns about the recruitment of the Chief of Police, lack of agenda items, and not holding the City Manager accountable.

Gerrie Dehart raised concerns about homelessness.

Jim Penman spoke about the late former mayor, Evelyn Wilcox, and highlighted all she did for the city.

Melissa Dominguez spoke about tenants’ issues, raising concerns that there were no proactive routes for tenants and lack of accessibility to speaking with the Mayor.

Errol Oscherowitz spoke about the lack of city beautification, concerns with homelessness, and the desire to use the overhead projector for presentations to the city council.

Manny Acosta spoke about towing services and raised concerns about many of the towers not being in compliance.

Robert Porter spoke about the San Manuel Band of Mission Indians being an incredible help to the city and their hotel that was newly opened and he reported that the San Bernardino Pioneering and Historic Society would be holding their first meeting back on September 2.

Luis Ojeda spoke about improvements in San Bernardino and the recent food festival. He recognized the recent advances of the Police Department and urged everyone to support Interim Police Chief.

Amandeep Kaur spoke about the closure of the Mount Vernon bridge and its negative impacts on businesses’ profitability.

Reverend Manuel Cardoza raised concerns about housing conditions, particularly in trailer parks.

Harry Hatch raised concerns about traffic issues and stated that it was the responsibility of the Mayor to be responsible for finding solutions.

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Mayor and City Council of the City of San Bernardino Page 6 Tanya Rhodes Hensley spoke about education and the police department. She asked for the Council Members to continue to allow for the leaders in the police department to keep consistency in place to keep the city safe. She stated that the Interim Chief had been doing an excellent job.

At this time City Clerk, Genoveva Rocha read the following ADA comments:

In an email, Tim Dorame wrote about the hiring of the new police chief and stated that an interim police chief was not needed, urging for the recruitment of a permanent police chief.

In an email, Hardy Brown wrote about the hiring of the new police chief, opposing the appointment of the current interim police chief.

APPOINTMENTS

5. Electoral Redistricting Advisory Committee (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Tobin A. Brinker to the Electoral Redistricting Advisory Committee representing Ward 3 with the term ending when the Mayor and City Council adopts the City’s ward map based upon the 2020 U.S. Census date. Council Staff has verified that the appointee is a registered voter within the City.

RESULT: APPROVED THE APPOINTMETNS OF TOBIN A.

BRINKER TO THE ELECTORAL REDISTRICTING
ADVISORY COMMITEE [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
City Clerk Rocha issued the Oath of Office to Mr. Brinker and presented him with a certificate and City pin.

CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion.

RESULT: APPROVED THE CONSENT CALENDAR, PULLED ITEM
NO. 15 FOR SEPARATE VOTE [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
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6. Approval of the Mayor and City Council Meeting Minutes (All Wards) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the June 16, 2021, Mayor and City Council meeting.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None

7. Approved Minutes for the January, February, June, and July 2021 City's Boards, Commissions & Citizen Advisory Committee Meetings
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City's Boards, Commissions, and Citizen Advisory Committee Meetings, approved in February, June, July, and August 2021.

8. Authorization to Pay Inland Library System Proportional Pension Liability (All Wards)
Recommendation
Adopt Resolution No. 2021-216 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Finance Director to appropriate an amount not to exceed $150,000 to pay the City of San Bernardino’s proportional share of the Inland Library Services pension liability.

RESULT: ADOPTED RESOLUTION NO. 2021-216 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None

9. Software Services Agreement with OpenGov for Budgeting and Planning Software (All Wards)
Recommendation
Adopt Resolution No. 2021-217 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and OpenGov Inc. for Software Services.

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Mayor and City Council of the City of San Bernardino Page 8 RESULT: ADOPTED RESOLUTION NO. 2021-217 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None

10. An Ordinance Amending Chapter 9.90 of the San Bernardino Municipal Code, Granting Arrest Authority to the Business Registration Department Violations of Title 3, Title 5, and Title 8 of the San Bernardino Municipal Code (All Wards) Recommendation
Adopt Ordinance No. MC-1563 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 9.90 of the San Bernardino Municipal Code, granting arrest authority to the Business Registration Department for violations of Title 3, Title 5, and Title 8 of the San Bernardino Municipal Code.

RESULT: ADOPTED ORDINANCE NO. MC-1563 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None

11. Contract Award for Library Book Purchases (All Wards) Recommendation
Adopt Resolution No. 2021-215 of the Mayor and City Council of the City of San Bernardino, California, approving an agreement award with Ingram Library Services, LLC, for the purchase of library books in an amount not to exceed $85,000 for Fiscal Year 2021/22.

RESULT: ADOPTED RESOLUTION NO. 2021-215 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None

12. Senior Nutrition Program Grant Award FY 2021/22 (All Wards) Recommendation
Adopt Resolution No. 2021-219 of the Mayor and City Council of the City of San Bernardino, California, to:

1. Ratify the Grant Budget submittal and accept the Grant Award of $305,122;

2. Authorize the Director of Finance or designee to amend the FY 2021/22 adopted budget to reflect grant revenue and expenditures accordingly; and

3. Approve certain related purchase orders for the continued operation of the Senior Nutrition Program for the period of July 1, 2021 through June 30, 2022.

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Mayor and City Council of the City of San Bernardino Page 9 RESULT: ADOPTED RESOLUTION NO. 2021-219 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward71
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None

13. Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All Wards)
Recommendation
Adopt Resolution No. 2021-218 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept and administer the Fiscal Year 2021/22 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant and authorizing the Director of Finance to amend the Fiscal Year 2021/22 Adopted Budget, effective July 1, 2021.

RESULT: ADOPTED RESOLUTION NO. 2021-218 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None

14. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 10, Tax Zone No. 11 (Lankershim Industrial LP) (Ward 1)
Recommendation
Adopt Resolution No. 2021-220 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 10) and authorizing the levy of a special taxes therein.

RESULT: ADOPTED RESOLUTION NO. 2021-220 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None

15. Installation of Stop Signs at Various Locations (Ward 2,4,7) Recommendation
Adopt Resolution No. 2021-221 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 655 entitled, in part, “A Resolution… designating certain streets or portions thereof as through highways…” and authorizing the establishment of an all-way stop control at the following intersections of Del Rosa Packet Page. 29
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Mayor and City Council of the City of San Bernardino Page 10 Avenue and Marshall Boulevard (4-way) and Mountain View Avenue and 16th Street (4- way).

Mayor Pro Tem Ibarra spoke in support of the installation of the stop signs.

Council Member Figueroa suggested that the installation of stop signs should follow city policy. He said that there was information missing from the submitted material. Deputy Director of Public Works Alex Qishta reported that staff did complete the necessary information on the warrant. It was reported that all of the information would be provided in the future. It was confirmed that the policy was correctly being followed.

Council Member Calvin asked how the location was selected for stop sign installation. It was reported that a petition was made by residents in the area, a study was done, and that information was used to determine the location.

Council Member Sanchez stated that the installation of stop signs needs to follow policy.

RESULT: ADOPTED RESOLUTION NO. 2021-221 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None

16. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 9, Tax Zone No. 10 (Central Commerce Center) (Ward 3)
Recommendation
Adopt Resolution No. 2021-222 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 9) and authorizing the levy of a special taxes therein.

RESULT: ADOPTED RESOLUTION NO. 2021-222 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon L. Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

17. Penalty for Landlords Failing to Register for the Crime Free Multi-Housing Program - Mayor Pro Tem Ibarra
Mayor Pro Tem Ibarra gave background on the item.

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Mayor and City Council of the City of San Bernardino Page 11 RESULT: APPROVED FOR CONSIDERATION AT A FUTURE
MEETING [6-1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander NOES: Calvin

18. City Support for Future Downtown Public Events - Council Member Theodore Sanchez
Council Member Sanchez gave background on the item.

RESULT: APPROVED FOR CONSIDERATION AT A FUTURE
MEETING [7-0]
MOVER: Sandra Ibarra, Mayor Pro Tem, Ward 2
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None

19. Smart City Project Presentation by Honeywell - Mayor John Valdivia Mayor Valdivia and City Manager Robert Field gave background on the item Council Member Shorett raised concerns about having a specific vendor present.

Council Member Sanchez stated he did not believe it was the right direction at the time since the staff had already vetted the issue.

At this time, there was no support to from the City Council to approve the Smart City Project presentation by Honeywell.

RESULT: DIRECTED STAFF TO BRING BACK A SMART CITY
PROJECT STAFF REPORT, CARRIED [4-3]
MOVER: Damon L Alexander, Council Member, Ward 7
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Ibarra, Reynoso, Calvin, Alexander
NOES: Sanchez, Figueroa, Shorett

REPORTS ON CONFERENCES/MEETINGS ATTENDED
There were no reports on meetings and conferences.

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ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, September 1, 2021, at 9:21 p.m. in memory of former Mayor Evelyn Wilcox.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, September 15, 2021, in the Council Chamber located at 201 North “E” street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

Genoveva Rocha, CMC, City Clerk
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DRAFT Minutes
For the
Regular Meeting of the Mayor and City Council
of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority WEDNESDAY, OCTOBER 20, 2021
5:30 PM
Closed Session was called to order at 5:30 PM by Mayor Valdivia on Wednesday, October 20, 2021, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Mayor Pro-Tem, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L. Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M.

CLOSED SESSION PUBLIC COMMENT
Treasure Ortiz commented about cannabis licensing in the city and the corruption involved.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Joe Dockery v. City of San Bernardino, et al., United States District Court Case No. Case No. 5:20-cv-1189-KK
ii. Isaak Bruno, by and through his Guardian ad Litem, Ashley Dunning v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1829121 iii. Antonia Rincon, an individual, et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS2015071
iv. Pepe’s Inc., a California Corporation dba Pepe’s Towing v. City of San Bernardino, et al., United States District Court Case No. 5:21-cv-01646- JWH-SP v. EEL Holdings, Inc., LLC v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1906467
vi. Ashe Society SB, LLC v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1911952
vii. Riznhead Inc., et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS2005179
viii. SB Pharma Holdings, Inc., et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1914576
B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):

Agency Designated Representative: City Manager;
Employee Organizations: International Union of Operating Engineers, General Unit; San Bernardino Police Management Association; Teamsters, Middle Management Unit; San Bernardino Confidential-Management Association, San Bernardino Police Dispatchers Association

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

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Reginald D. Young of Treasures of the Heart Ministry led the invocation and Mayor Valdivia led the pledge.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that there were 10 matters on closed session, eight of which were cases of existing litigation. Direction was given to various legal counsel with respect to the pending litigation. There was also a labor discussion.

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Mayor and City Council of the City of San Bernardino Page 3 The Mayor recused himself from participating from items 5 through 8 of item A. 7:00 PM
The Regular Meeting was called to order at 7:00 PM by Mayor John Valdivia on Wednesday, October 20, 2021, at Feldheym Central Library, San Bernardino, CA.

CITY MANAGER UPDATE
City Manager Robert Field provided city-wide updates. Highlights included the Emergency Rental Assistance Program Phase 1, and that the city reached 100% expenditure on it and helped 574 families. Three different sources of money would likely be received. He thanked the subcommittee for all of their work. There was $6.4 million in total expenditures.

MAYOR AND CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS

ATTENDED
Councilmember Alexander gave an update that he attended Operation Standdown at Perris Hill Park, which was a successful event. He also attended a Trunk-or-Treat party.

Council Member Calvin stated that she attended the Veteran’s standdown event and spoke on the overwhelming amount of veteran support that was fostered. Council Member Calvin asked for a moment of silence for Ms. Shirley Harland who passed. Council Member Calvin also attended IECAAC (Inland Empire Concerned African-American Churches). The 6th ward held its redistricting meeting. Council Member Calvin thanked assembly member Elouise Gomez Reyes who brought her assembly colleagues to discuss and tour the city of San Bernadino and its housing issue. She also met with the developers involved in the downtown redevelopment program. She reported that they were getting close to figuring out all the details of their DDA.

Council Member Reynoso stated that the Kendall slope stabilization project seemed to be running long. Highlights included an upcoming Trunk-or-Treat, the Blair Park renovation project, and a Myers Rd/Magnolia Ave item. He also highlighted that LED solar lights were beginning to be used city-wide, which would save money.

Council Member Shorett also recognized Shirley Harland. He thanked the North Park neighborhood association, which held a successful community cleanup.

Council Member Figueroa updated that his ward would be having an electoral redistricting community input workshop on October 21 at 6 pm at Lytle Creek Park Community Center.

Council Member Figueroa suggested a mid-year Capital Improvement Project (CIP) update, discussed SB 1383 regarding recycling organic waste, and reported that the Rancho West neighborhood association would be having a meeting on October 27th.

Mayor Pro-Tem Ibarra shared updates, on the Emprendedor@s graduation and the redistricting meetings. She stressed the importance of attending redistricting meetings and reported that there was an upcoming downtown-specific plan workshop.

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Mayor and City Council of the City of San Bernardino Page 4 Council Member Sanchez updated on the military banner program and reported that the bylaws had been changed. He stated that people could call 909-384-5188 for information on how to submit their applications to get one of those military banners put up in their name. The dedication will take place in mid-November.

Mayor Valdivia commended the Public Works Department. He reported that he attended the homeless outreach event at Perris Hill Park and spoke on the event's success.

PRESENTATIONS

1. Hindu Heritage Month (All Wards)
Mayor Valdivia recognized Hindu Heritage Month and presented the Proclamation to Vee, a local small business owner and member of the Hindu faith.

2. National Disabilities Employment Month (All Wards):

Mayor Valdivia presented the proclamation to the Regional Operations Manager for Goodwill of Southern California, Lowell King.

3. October 2021 Citizen of the Month - Juan Vasquez, President Rancho West Neighborhood Association:

Councilmember Figueroa presented the award to Juan Vasquez, President of the Rancho West Neighborhood Association.

4. September 2021 Citizen of the Month - Lynne Wear, Muscupiabe Neighborhood Association:

Councilmember Ibarra presented the award to Rich Vasquez and Jeff Carter with the Muscupiabe Neighborhood Association.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Treasure Ortiz commented on corruption in the city and pay-to-play politics.

Denise Santos, representing Extreme Pallets, commented that pallet yards are essential. She discussed that fire precautions were taken seriously, and there had not been a fire since they had been there in 2016.

Gil Navarro, resident of Ward 1, commented that the agenda did not specifically say item No. 24 was about pallet yards. He commented that all businesses do not receive permits unless they pass fire-safety protocols.

Luis Ojeda spoke in opposition to item No. 24 regarding pallet yards and the need for dialogue around the issue.

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Mayor and City Council of the City of San Bernardino Page 5 Lena Montes, a small business pallet company owner, spoke about item No. 24. She spoke on the strict guidelines they follow under the fire department. She stated that the pallet yards were an important part of the supply chain and asked to be considered when the council considers applying new city municipal codes that affect the pallet yards.

Jessica Torres, on behalf of two different pallet companies, spoke on item No. 24 and the need for pallet companies.

Jackie Garduno, a landowner off Kendall, commented on the difficulty of obtaining county approval for projects she had planned for her lands. She discussed the issue regarding poor communication between various municipal bodies.

Roberto Salas spoke about having diversity in the community and speaking Spanish comfortable. He also spoke about item No. 24 as a Pallet company business owner and it’s importance.

Yamel Monjuarez, who owns Pallet Recycle, spoke regarding item No. 24 and the city's reliance on pallet companies. He stated that they were considered an essential job during COVID-19.

Zafiro Teres thanked Council Members Reynoso and Sanchez for meeting with her on the Mobile Homes Tenants Bill Act.

Juan Perez spoke about item No. 24, representing a pallet company and inviting council members to visit the pallet companies.

Constituent Thomas spoke on the city's actions regarding the homeless population in Succumbe Park. She commented that the city’s homeless population needed a place to stay if they were forced out of the park.

Dolores Armstead advocated for paid staffing assistants for council members. She asked for help receiving the information she requested.

Reverend Cardoza spoke in support of the Violence Intervention Program and agenda item No. 7.

Harry Hatch spoke about the LAFCO agreement and how it related to item No. 24. He also commented on the lack of safety enforcement officers in the city.

Robert Porter dedicated his speech to Shirley Harland and announced an upcoming art walk and other events. He asked the council to appoint a new commissioner to the Art and Historical Preservation Commission so they will have a quorum and requested funds for the Preservation Commission. He spoke on the need for more neighborhood associations.

Margaret Hill spoke in support of the Violence Intervention Program.

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Mayor and City Council of the City of San Bernardino Page 6 Anthony Noriega, with the League of United Latin American Citizens, spoke in opposition to the mobile home park industry and referenced in-house mortgage lending and hefty park regulations.

Tanya Rhodes Hensley spoke about the north-end community clean-up project and stated that more people attended than was stated earlier. She requested the newly cleaned corridor be made into a historical park to honor the Pacific Electric history. She commented that citizens would like to start hanging solar Christmas lights.

At this time the City Clerk, Genoveva Rocha, read ADA comments.

The city clerk read Hardy Brown’s public comment regarding the American Rescue Plan Update and the budget amendment to fund the Violence Intervention Program. He was against adding another agency into the mix to fight violence and preferred expanding the capacity of existing organizations. He suggested declaring a public safety month.

The council attempted to hear a public comment made remotely but due to technical difficulties, had to proceed with the agenda without hearing the comment.

APPOINTMENTS

5. Electoral Redistricting Advisory Committee Appointment (Ward 5) Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Peggi Hazlett to the Electoral Redistricting Advisory Committee representing Ward 5 with the term ending when the City’s ward map based upon the 2020 U. S. Census date is adopted by the Mayor and City Council.

Council Staff has verified that the appointee is a registered voter within the city.

RESULT: APPROVED THE APPOINTMENT OF PEGGI HAZLETT TO THE ELECTORAL REDISTRICTING ADVISORY COMMITTEE [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None
City Clerk Rocha issued the Oath of Office to Peggi Hazlett.

DISCUSSION
The City Manager requested that item No. 8 be continued. A procedural error was made when it was placed on the agenda.

6. Cash Handling and Revenue Control Policy (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review the proposed administrative policy and provide direction for Packet Page. 38
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Mayor and City Council of the City of San Bernardino Page 7 modifications or adopt Resolution No. 2021-246 as presented establishing the Cash Handling and Revenue Control Policy.

Finance Director, Barbara Whitehorn provided a brief staff report and stated that the policy intended to address the cash handling.

Council Member Alexander asked why the policy did not include more specifics regarding the periodic review. Finance Director, Barbara Whitehorn confirmed that the department wanted the reviews to remain unexpected and random, but they agreed to set a minimum number of reviews they would do each year.

Council Member Alexander asked why another part of the policy stated that businesses with excessive overages or underages ‘may’ trigger an additional audit when he felt it should state that an additional audit ‘will’ be triggered. Finance Director, Barabara Whitehorn agreed to this change.

RESULT: AMENDED MOTION TO APPROVE STAFF RECOMMENDATION,

WITH THE ADDITION OF INCLUDING A MINIMUM OF THREE

FINANCIAL REVIEWS PER DEPARTMENT PER YEAR, AS WELL

AS CHANGING LANGUAGE REGARDING EXCESSIVE
DISCREPANCIES FROM “MAY RESULT IN AN AUDIT” TO “WILL
RESULT IN AN AUDIT” [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None

7. American Rescue Plan (ARP) Update and Budget Amendment (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-247 authorizing the City Manager to amend the Fiscal Year 2021/22 Operating and Capital Budget by $7,160,000 to fund the Violence Intervention Program, the Graffiti Abatement, Clean-up, and Paintbrush Program, and the Lead Connector Replacement Program through American Rescue Plan funds; and review, discuss and provide feedback on further investment of the American Rescue Plan funds.

Council Member Figueroa made a motion to separate the discussion regarding the Violence Intervention Program from the other two budget topics to vote on them separately, due to a personal conflict of interest
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Mayor and City Council of the City of San Bernardino Page 8 RESULT: MOTION TO SEPARATE THE DISCUSSION REGARDING THE

VIOLENCE INTERVENTION PROGRAM FROM THE GRAFFITI

ABATEMENT, CLEAN-UP, AND PAINTBRUSH PROGRAM, AND

THE LEAD CONNECTOR REPLACEMENT PROGRAM THROUGH
AMERICAN RESCUE PLAN FUNDS [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None
Mayor Valdivia asked Council to first move forward on discussion of the Graffiti Abatement, Clean-up, and Paintbrush Program, and the Lead Connector Replacement Program through American Rescue Plan (ARP) funds with Council Member Figueroa present.

City Manager Robert Field provided an update on the American Rescue Plan (ARP)and budget amendment.

Finance Director, Barbara Whitehorn, presented updates on the American Rescue Plan (ARP) discussions and planning. She presented other investments for the Council to consider funding with the ARP funds: Built Environment and Water Infrastructure. The total budget FY2021/22 amendment being requested was $7.16 million.

Council Member Reynoso asked why the Hudson Park restrooms were not included. City Manager Field stated that there were other CIP fund sources that were more flexible than ARP dollars and that there were ways to address the issues without waiting until the next year’s budget.

Council Member Reynoso stated that, regarding micro-grants, he advocated for setting the highest amount per applicant possible. He suggested a $25,000 maximum. He stated that $3,000,000 was a healthy allotment.

Council Member Sanchez referred to the land south of the Guadalupe Baseball field that he wanted to see turned into a pocket park using ARP funds. He explained that this answers the funding’s bylaws which call for equitability in underrepresented neighborhoods. Council Member Sanchez stated that he would also like to see the paintbrush program funded at $2 million instead of $1 million.

Council Member Figueroa suggested that the city should partner with the water department when cleaning up after roads are torn up for the Lead Connector Replacement program and that they should avoid patchwork road improvements. The Director of Finance confirmed that they planned to work with the water department during the clean-up process and agreed to a curb-to-curb approach.

Council Member Figueroa advocated for a northern parking lot in the Lytle Creek Park area to be turned into a recreational area, like a soccer field or pickleball courts.

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Mayor and City Council of the City of San Bernardino Page 9 Council Member Ibarra approved of the Built Environment amount of $2,000,000, but she asked if it was possible to add ‘Welcome’ signs to more major city arteries, like the highland exit or on Baseline Rd. She stated that she supported the water infrastructure and small business assistance programs. She suggested the city start to offer MicroEnterprise classes to English and other language-speaking San Bernardino residents as well.

Council Member Ibarra commented that it would be nice to provide rental application assistance to non-COVID-affected individuals who need it. She advocated helping citizens with their mortgages. She commented that the council should consider their investment in the city’s unhoused. She asked if more frequent street sweeping could be covered in the clean-up part of the ARP funds. Director Whitehorn responded that street sweeping was not a qualifying expense and was considered part of Operations and Maintenance.

Council Member Calvin stated that Lytle Creek Park had a major gopher problem that must be addressed. She said that the Micro Grant program was worth their focus on helping small businesses bounce back and said that $25,000 was appropriate.

City Manager Field stated that they had money set aside for the nuisance abatement program, but they had not had to use any of it yet.

Mayor Valdivia stated that the Sears Lawnmower shop looked terrible and deserved a citation. The City Manager reported that they were still staffing up their code-enforcement division but would address it as soon as possible.

Council Member Alexander commented that micro grants should start at $10,000 and go up to $45,000. He added that Shandin Hills needed to be added to the project scope because it was in disarray. He proposed a specific railroad overpass that should be targeted with graffiti abatement.

Council Member Calvin recommended adding signage to State Street as it was the easternmost entry into the city.

Council Member Shorett commented in support of the micro grants but not on the $45,000 amount. He agreed to a minimum of $10,000. He questioned the definition of “clean-up” and what that entailed. He echoed the need to look at beautifying the different entrances to the city, particularly the corridor near the Waterman and 210 intersections.

City Manager Robert Field responded that staff would interpret “clean-up” as broadly as the funding would allow. They adopted the mission of making the city a prettier place to live and visit. Regarding the Waterman and 210, the city recently agreed to participate in a Cal-Trans project to replace that interchange, so it was reported that this could be a catalyst for doing additional work heading North.

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Mayor and City Council of the City of San Bernardino Page 10 Mayor Valdivia referenced packet page 58 of the staff report (Potential Areas of Investment) and stated that the city hall was left out. City Manager Robert Field responded that it was ineligible with ARP Funds.

Mayor Valdivia asked if anyone from staff had interacted with the US Senate, and if they had had meetings with them. Director Whitehorn reported that she had met with multiple members of the US Department of the Treasury who were clear that they did not anticipate city facilities becoming eligible with the final rule except to the extent of any revenue loss of a government entity. Because the City of San Bernardino did not have a net revenue loss, its city hall facilities were not eligible.

Mayor Valdivia referenced packet page 62 (Built Environment: Clean-Up, Painting, Graffiti) and requested to use some of the allotted funds for a San Bernadino Mural project. He also pointed to the current monuments around the city and their dilapidated nature and requested Maintenance and Operations funds to update the acrylic portions of the monuments. He asked which portions of the ARP could be used to help the police and fire departments. Director Whitehorn confirmed that those funds could be used for supplemental pay or hero-pay bonuses to police, fire, nursing, and grocery store clerks.

She stated that it was up to the council whether they wanted staff to investigate it.

Mayor Valdivia requested that staff move forward with initiating action on appropriating funds for the police and fire departments and figuring out the necessary next steps to get it done.

Council Member Ibarra suggested the group use funds to revitalize Route 66. City Manager Robert Field reported that Route 66 was a Cal-trans right-of-way but that there could be an opportunity to work with them on it.

RESULT: APPROVED STAFF’S RECOMMENDATIONS WITH AN
ADDITIONAL $1 MILLION ALLOCATED TO THE GRAFFITI

ABATEMENT, CLEAN-UP, AND PAINTBRUSH PROGRAM (FOR A
TOTAL OF $2 MILLION) AND APPROVED THE LEAD

CONNECTOR REPLACEMENT PROGRAM AS PRESENTED
THROUGH AMERICAN RESCUE PLAN FUNDS [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None
Council Member Figueroa then recused himself for the duration of the discussion related to the Violence Intervention Program.

Council Member Ibarra asked for an explanation of the RFP process referenced on packet page 61 of the staff report. Staff explained that organizations would provide proposals for the services, and the proposals would be evaluated.

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Mayor and City Council of the City of San Bernardino Page 11 Council Member Shorett asked what the contingency plan would be if they did not receive quality responses to their RFP. He asked if the city would then be able to use those funds to ramp up the two programs that already exist within the city.

Finance Director, Barbara Whitehorn confirmed it would be possible for those organizations to obtain the funds if they submitted quality proposals.

Council Member Calvin asked for clarification on which ARP projects require competitive RFPs and whether the council would be permitted to review the RFP. Director Whitehorn responded that they would all require RFPs and that the council could review the RFP if they desired.

RESULT: APPROVED STAFF’S RECOMMENDATIONS FOR FUNDING THE VIOLENCE INTERVENTION PROGRAM [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander ABSENT: Figueroa

8. Charter Review Committee Recommendation (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, discuss the Charter Review Committee’s recommendation to have the Committee review all proposals to amend the City Charter in advance of consideration by the Mayor and City Council.

City Manager Field asked for Item No. 8 to be pulled off the consent calendar, as it was placed on the agenda in error.

PUBLIC HEARING

9. Imposing Liens on Certain Parcels of Real Property for Uncollected Business Registration Fees (All Wards)
Recommendation:

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

1. Conduct a public hearing to receive public comment on the matter; and

2. Adopt Resolution No. 2021-245 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and

3. Direct the Director of Finance to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing.

Mayor Valdivia opened the public hearing at 9:51 PM.

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Mayor and City Council of the City of San Bernardino Page 12 Vanessa Burton, Business Registration Inspector, provided a brief staff update.

There were no public comments.

Mayor Valdivia closed the public hearing at approximately 9:53 PM for deliberation and action.

RESULT: ADOPTED RESOLUTION NO. 2021-245 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa ABSENT: None

10. Annexation No. 9 to Community Facilities District 2019-1 (Ward 3) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California open and then continue the public hearing until November 3 at 7:00 p.m.

Mayor Valdivia opened the public hearing at 9:54 PM.

Alex Qishta, Acting Public Works Director, requested that the public hearing be continued to November 3, 2021
There were no public comments.

RESULT: APPROVED STAFF’S RECOMMENDATIONS TO CONTINUE THE PUBLIC HEARING TO NOVEMBER 3 AT 7:00 PM [7-0]
MOVER: Sandra Ibarra, Mayor Pro-Tem, Ward 2
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None

11. Annexation No. 10 to Community Facilities District 2019-1 (Maintenance Services) (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California open and then continue the public hearing until November 3, 2021 at 7:00 p.m.

Mayor Valdivia opened the public hearing at 9:55 PM.

Alex Qishta, Acting Public Works Director, requested that the public hearing be continued to November 3, 2021.

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Mayor and City Council of the City of San Bernardino Page 13 There were no comments.

RESULT: APPROVED STAFF’S RECOMMENDATIONS CONTINUE THE
PUBLIC HEARING TO NOVEMBER 3 AT 7:00 PM [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None

CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion.

12.Approval of the Mayor and City Council Meeting Minutes (All Wards Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the May 20, 2020, Regular meeting of the Mayor and City Council.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None

13. Amendment No. 1 to the HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement Between the City of San Bernardino and NPHS San Bernardino Developments, LLC (Ward 2)
Recommendation:

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

1. Adopt Resolution No. 2021-248 authorizing the execution of Amendment No. 1 to the HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of San Bernardino and Neighborhood Partnership Housing Services (NPHS) San Bernardino Developments, LLC that would allow NPHS to retain program income for additional HOME eligible activities; and
RESULT: APPROVED CONSENT CALENDAR AND PULLED ITEMS NO. 21 AND NO. 23 FOR A SEPARATE VOTE [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None
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2. Authorize the City Manager or designee to take any further actions and execute any further documents as necessary to effectuate the agreements.

RESULT: ADOPTED RESOLUTION NO. 2021-248 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None

14. Subordination of a Deed of Trust in Connection with 2674 W. Via San Carlos, San Bernardino, California (Ward 3)
Recommendation:

Adopt Resolution No. 2021-249 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino approving the Subordination of a Deed of Trust in connection with a refinancing of the Senior Mortgage relating to real property located at 2674 W. Via San Carlos, San Bernardino, California.

RESULT: ADOPTED RESOLUTION NO. 2021-249 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None

15. June, July & August 2021 City Board, Commission, and Citizen Advisory Committee Approved Minutes
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in July, August, and September 2021.

16. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for September 2021.

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Mayor and City Council of the City of San Bernardino Page 15 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None

17. Memorandum of Understanding with the San Bernardino Police Officers Association (All Wards)
Recommendation:

Adopt Resolution No. 2021-251 of the Mayor and City Council of the City of San Bernardino, California, approving the Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), updating the city-wide salary schedule, and amending Resolution No. 2021-232.

Council Member Calvin commented that she believed a member of the council recently received a donation from the Police Officers Association and requested that the Council Member disclose that to the public.

Mayor Pro-Tem Ibarra asked for clarification of what time frame should be disclosed.

Council Member Calvin responded within the last six months.

RESULT: ADOPTED RESOLUTION NO. 2021-251 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None

18. 2021-2022 Retired and Senior Volunteer Program (RSVP) – 3RD Year of a 3 - Year Grant Award (All Wards)
Recommendation:

Adopt Resolution No. 2021-252 of the Mayor and City Council of the City of San Bernardino, California approving the ratification of the submission of a continuation grant application for year three of a three-year grant with the Corporation for National and Community Service’s Retired and Senior Volunteer Program (RSVP), accepting the Grant Award in the amount of $54,809, and appropriating $73,989 in matching funds for the continued operation of RSVP for a total amount of $128,798, for the Period of April 1, 2021, through March 31, 2022.

Council Member Calvin commented that the budget for this program was lessened each year and requested to know why. She also asked why RSVP, Senior Services, and Senior Companions were all listed as separate departments in Park’s and Rec. Community Services. She wanted to know how those programs differed.

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Mayor and City Council of the City of San Bernardino Page 16 Jim Tickemyer Park’s Rec. Director responded that he would need to research that information and get back to council at a later time.

RESULT: ADOPTED RESOLUTION NO. 2021-252 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None

19. Execution of PSA to PM Group in the Amount of $67,635 for the Design, Print, and Mail of City of San Bernardino PRCSD Trimester Brochure for FY2021- 2022 Recommendation:

Adopt Resolution No. 2021-253 of the Mayor and City Council of the City of San Bernardino, California authorizing the City Manager or designee, to execute a professional services agreement (PSA) between the City and the PM Group (PMG) for the design, print, and mail services of the Parks, Recreation and Community Services Department (PRCSD) trimester brochure for Fiscal Year 2021/22.

RESULT: ADOPTED RESOLUTION NO. 2021-253 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None

20. Purchase Order for Six Cubic Yard Back Rear Loader (All Wards) Recommendation:

Adopt Resolution No. 2021-257 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the purchase of the Public Works equipment approved for funding through Fiscal Year 2021/22 Operating Budget Report: one new, 6 cubic yard, Diamond Back Rear Loader in the amount of $133,686.15.

RESULT: ADOPTED RESOLUTION NO. 2021-257 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None
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21. Stop Sign Installation at the Intersection of Magnolia Avenue and Meyers Road (Ward 5)
Recommendation:

Adopt Resolution No. 2021-256 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 655 entitled, in part, “A Resolution… designating certain streets or portions thereof as through highways…” and authorizing the establishment of an all-way (4-way) stop control at the intersection of Magnolia Avenue and Meyers Road.

Council Member Figueroa asked which metrics were being used to measure distances within the project. Acting Public Works Director, Alex Qishta, responded that a wheel measuring in feet was used most of the time. Council Member Figueroa discussed the warrant petition and whether it had been met.

Acting Public Works Director, Alex Qishta, confirmed that stop signs cannot be used to control speed.

Council Member Figueroa pointed out that the petition itself states that the request is being made to resolve several neighborhood issues, such as speeding. He asked the city attorney if the council could move forward given the petition is not following the vehicle code.

City Attorney Carvalho recommended the council request from staff justification for why the stop sign is needed beyond speeding.

RESULT: ADOPTED RESOLUTION NO. 2021-256 [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None

22. Construction Contract Award – Installation of LED Solar Powered Street Lights on “E” Street Between Baseline Street and Highland Avenue (Ward 2) Recommendation:

Adopt Resolution No. 2021-254 of the Mayor and City Council of the City of San Bernardino, California:

1. Approving the award of a Construction Contract with Quality Light and Electric in an amount not to exceed $249,282 for the construction and installation of LED solar powered streetlights on “E” Street between Baseline Street and Highland Avenue;

2. Authorizing project construction, construction contingencies, and inspection costs in the total amount of $35,000 for installation of LED solar powered streetlights; and
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3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

RESULT: ADOPTED RESOLUTION NO. 2021-254 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Damon Alexander, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None

23. Purchase Order for Installation of a Battery Backup System (Wards 1,2,3,4,6) Recommendation:

Adopt Resolution No. 2021-255 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Vendor Services Agreement with NexTech Systems, and authorizing the Director of Finance to issue a purchase order in an amount not to exceed $59,786.96 for the installation of a Backup Battery System (BBS) at six locations in various areas of the City.

Council Member Reynoso asked Acting Public Works Director, Alex Qishta, why Wards 5 and 7 were left out of this. He specifically asked about Kendall/Little Mountain and Kendall/University because he had personally experienced street light blackouts at those intersections.

Acting Public Works Director, Alex Qishta responded that this decision was dictated by identifying which areas had greater need. He commented that he believed the two intersections mentioned by Council Member Reynoso already had battery backup systems and that he would investigate their functionality.

Mayor Valdivia asked if there was the possibility of adding a reflective backer to the intersection lights that go out most frequently. He recommended the City Manager to proceed with this as a cheaper alternative.

RESULT: ADOPTED RESOLUTION NO. 2021-255 [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

24. Fire Safety Measures and Potential Implementation/Addition to the City Municipal Code as it Relates to Pallet Yards (All Wards) - Council Member Reynoso
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Mayor and City Council of the City of San Bernardino Page 19 Council Member Reynoso clarified that he wanted fire prevention methods and pallet yards to be included, but that now he could not vote for this item based on testimony received at the meeting.

RESULT: APPROVED ADDING THE ITEM TO A FUTURE AGENDA BUT REMOVE THE MENTION OF PALLET YARDS [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None

25. Instruct Staff to Evaluate Options for Adjusting the Salary of the Mayor to Appropriately Reflect the Duties of the Office Following the 2016 Amendment of the City Charter. - Council Member Shorett
Mayor Valdivia provided comments regarding the proposed item. Council Member Shorett clarified his request and motioned for staff to evaluate options for adjusting the salary of the Mayor.

RESULT: APPROVED ADDING ITEM TO A FUTURE AGENDA [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander, Figueroa NOES: None

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, October 20, 2021, at 10:21pm.

The next special meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, October 27th, 2021, in the Council Chamber located at 555 West 6th Street, San Bernardino, California, 92401. Open Session will begin at 8:00 a.m.

Genoveva Rocha, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 20, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: First Amendment to the American Rescue Plan Act Subaward Agreement with Lutheran Social Services of
Southern California. (Grant) (Ward 2)
Recommendation:

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

1. Approve Amendment No. 1 to the Sub-award Agreement with Lutheran Social Services of Southern California (LSSSC) to use American Rescue Plan Act (ARPA) funds for the operational cost of the 140-bed San Bernardino Community Wellness Campus (SBCWC) on LSSSC privately owned property located at 1354 N G St, San Bernardino; and

2. Authorize the City Manager or their designee to take any further actions and execute any additional agreements or documents as necessary, including minor and substantive changes.

Executive Summary
On December 7, 2022, the Mayor and City Council approved allocating $5 million in ARPA dollars to LSSSC for the pre-development, construction, and operation of SBCWC. The Homekey Grant Award fully funds construction, and Exhibit E, Section G.2 of the Homekey Grant Agreement from HCD requires the City to allocate ARPA funding towards operations. Amendment 1 to the Sub-Award Agreement revises the breakdown of the original allocation, whereas all $5 million will now cover the operational costs of the SBCWC rather than just $1 million as previously noted. The reasoning behind the City’s recommendation to reallocate ARPA funds towards operations versus predevelopment and construction is due to the State’s aggressive 12-month completion timeline for all Homekey projects, and utilizing ARPA funds for Packet Page. 52
Operations will not trigger a procurement process since LSSSC is the sole operator.

Background
On October 27, 2022, the City hosted a Homeless Workshop that identified the City’s need to increase shelter bed capacity for those experiencing homelessness. The workshop also identified a funding source called Homekey, which is administered by the State of California Department of Housing and Community Development (HCD).

Homekey is the largest source of funding available to help cities and counties build and expand homeless housing-related projects. Council approved the City’s plan to partner with LSSSC on a future Homekey application to expand shelter operations and provide $5 million in ARPA funds to help with project pre-development, construction, and operation.

On December 7, 2022, Council approved Resolution No. 2022-268 authorizing the City Manager to amend the Fiscal Year 2022-23 Operating and Capital Budget, which included the allocation of $5 million in ARPA funds to LSSSC for the pre-development, construction, and operating expenses related to the San Bernardino Community Wellness Center (SBCWC).

On March 29, 2023, HCD announced the availability of approximately $736 million in Homekey Round 3 funding for the rapid expansion of housing inventory for those experiencing homelessness or at risk of homelessness, who are also impacted by or at increased risk for medical diseases or conditions due to COVID-19 or other communicable diseases. Homekey applications were accepted by the State on a firstcome, first-served basis until July 28, 2023.

On April 26, 2023, the Council authorized the City to submit a joint Homekey application with LSSSC to develop SBCWC, a 140-bed, men’s navigation center.

Discussion
The State instills a stringent completion timeline on all Homekey projects (12-month completion on all housing/interim housing units). To ensure the project’s success, the City and LSSSC met with homeless housing developer Dignity Moves, which has successfully applied for and received multiple Homekey awards for the development of interim housing units. Dignity Moves has also been successful in completing Homekey projects with the State’s designated timeframe. Dignity Moves entered into an Agreement with LSSSC to act as Developer, assisted the City with its Homekey application and was listed as a co-applicant on the Homekey application along with LSSSC.

On December 19, 2023, the City received a conditional award letter from HCD for the SBCWC project for $34,944,702. The City was listed as the lead applicant, and LSSSC and Dignity Moves were co-applicants. The City was also listed as Payee of Funds.

Program Award Amount Contract Number
Capital Award $30,775,000 23-HK-18110
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Operating Award $4,169,702 13-HK-18110
HCD provided each party with a copy of the fully executed Standard Agreement. The City received two separate Homekey check disbursements from HCD. The City received the first disbursement check in the amount of $9.539,267.23 on September 5, 2024. The check was issued to reimburse expenditures already incurred for predevelopment and construction services by LSSSC and Dignity Moves. The first check disbursement allowed the project to move forward until the second check disbursement was received. The second check disbursement arrived on October 30, 2024, in the amount of $25,444,702. All Homekey funds for the Capital Award ($30,775,000) are secured in a fund control and escrow account, where funds are only released after:
1) All invoices have been reconciled,
2) Conditional lien releases have been received from subcontractors, and 3) Construction site inspection verifies that the invoiced work has been completed.

The Operating Award ($4,169,702) remains with the City and will be reimbursed to LSSSC monthly during the SBCWC operating period.

First Amendment to LSSSC ARPA Subaward Agreement
The City previously awarded LSSSC $5 million in ARPA funds to assist in developing and operating SBCWC. The ARPA allocation breakdown was itemized as follows:

Pre-development $2,000,000
Site Preparation $1,000,000
Construction $1,000,000
Operations $1,000,000
Guidelines established by the Federal Treasury Department require ARPA recipients and subrecipients to utilize a competitive bidding process when securing activities, programs, or services.

The reasoning behind the City’s recommendation to reallocate ARPA funds entirely towards operations versus predevelopment and construction are as follows:
1) The Homekey Grant Agreement from HCD requires the City to allocate its ARPA funding commitment towards operations.
2) Granting the City's ARPA funds as a sub-award for operating the SBCWC helps avoid issues with the procurement process. This is because LSC will operate the SBCWC themselves as the sub-recipient rather than entering into a contract with a third party (where a contract would require competitive procurement.

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3) ARPA funds must be fully expended by December 31, 2026, or the US Treasury Department will claw back funding.

LSSSC aims to operate the SBCWC facility to assist unhoused men with housing options and case management, enhancing stability and autonomy and improving overall health.
2021-2025 Strategic Targets and Goals
Expanding accessibility to housing will improve the quality of life for unhoused residents. The construction of the facility aligns with Strategic Target No. 3: Improved Quality of Life.

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

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

2. Authorize the City Manager or their designee to take any further actions and execute any additional agreements or documents as necessary, including minor and substantive changes.

Attachments
Attachment 1: First Amendment to LSSSC ARPA Fund Sub-Award Agreement Attachment 2: LSSSC ARPA Subaward Agreement-Executed
Attachment 3: Exhibit A Supportive Service Plan and Budget Attachment 4: Exhibit B Reimbursement Procedures
Ward:

Ward 2
Synopsis of Previous Council Actions:

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

October 27, 2022 Mayor and City Council agreed to expand shelter capacity and partner with local non-profit, LSS on a Homekey application.

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December 7, 2022 Mayor and City Council authorized the use of $24,500,000 in ARPA funds for the development of a Navigation Center,
State of California Homekey Round 3 Projects,
Homeless/Street Outreach and $150,000 towards Mobile
Shower Expansion.

February 1, 2023 Mayor and City Council declared a Homelessness State of Emergency
April 26, 2023 Mayor and City Council authorized the City to submit a joint Homekey application with LSS to develop a men’s navigation center.

May 17, 2023 Mayor and City Council approved a Homelessness State of Emergency Implementation Plan.

July 19, 2023 Mayor and City Council approved an Amendment to Permanent Local Housing Allocation Funds to assist
individuals experiencing homelessness.

August 13, 2023 Mayor and City Council approved a Substantial Amendment to FY2020-2021 Annual Action Plan associated with
Community Development Block Grant Coronavirus Relief
Funds to support interim shelter activities.

December 6, 2023 Mayor and City Council approved a Motel Voucher Program and authorized Professional Service Agreements with motel operators to provide interim shelter.

September 4, 2024 Mayor and the City Council adopted Resolution 2024-201 reaffirming the declaration of a Homelessness State of
Emergency.

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AMENDMENT NO. 1 TO

AMERICAN RESCUE PLAN ACT (ARRA) SUBAWARD AGREEMENT

WITH LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA
This Amendment No. 1 to the American Rescue Plan Act (ARPA) Subaward Agreement is made and entered into as of November 20, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Lutheran Social Services of Southern California (“Subrecipient”). City and Subrecipient are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Subrecipient have entered into a subaward agreement, dated May 17, 2023, for the purpose of granting five (5) million dollars in American Rescue Plan Act (“ARPA”) funds to assist with the construction and management of the San Bernardino Community Wellness Campus (SBCWC) (the “Master Subaward Agreement”); and
B. WHEREAS, the Master Subaward Agreement allocated two (2) million dollars towards pre-development expenditures, one (1) million dollars towards site preparation expenditures, one (1) million dollars towards construction expenditures, and one (1) million dollars towards case management services; and C. WHEREAS, the Parties now desire to amend the Master Subaward Agreement' to reallocate all five (5) million dollars to operational expenses.

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

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

2. Amendment. Exhibit A of the Master Subaward Agreement, “Scope of Services and Budget,” is hereby amended in its entirety to read as follows:
“EXHIBIT A

SCOPE OF SERVICES AND BUDGET
Target Population
The target population is adult men experiencing chronic/homelessness with complex health and social service needs. This population is at or below 15% of the area median income. The US Department of Housing and Urban Development (HUD) defines chronically homeless as individuals who are disabled and live in a place not meant for human habitation, a safe haven, or an emergency shelter; AND who have been homeless and living in one of these places continuously for at least 12 months, OR who on at least 4 separate occasions have been living in these places during the last 3 years for at least 7 consecutive nights each time.

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Tenant Selection Criteria
Upon entry to the campus, residents will undergo a thorough intake process to gather essential information, identify needs, and determine eligibility for services. Age 18 or over, male, chronic/homeless, resident of San Bernardino County, cognitively alert and oriented to name, place, date, and situation. Case managers will use standardized assessment tools, such as the Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT), to evaluate residents' vulnerabilities and support needs, enabling the development of individualized service plans tailored to their unique circumstances. Tenant Selection Criteria draw from the formal standardized process of the Coordinated Entry System (CES) using the County of San Bernardino Homeless Data Integration System (HDIS). Housing First and Harm Reduction principles are followed to ensure individuals are not disqualified because of substance use disorders or other personal struggles. Placement is not contingent on sobriety, minimum income requirements, lack of a criminal record, completion of treatment, participation in services, or any other unnecessary condition not imposed by the terms of funding.

Tenant Selection Prioritization
The CES is intended to facilitate access to the most appropriate housing Intervention for each household's immediate and long-term housing needs and ensure that scarce permanent housing resources are targeted to those who are most vulnerable and/or have been homeless the longest.

An initial Pre-screening will be conducted by all CES Partners (the Subrecipient is an authorized CES partner), and then an intake and assessment will be completed by first entering persons who are homeless into HMIS which will include administering the VI-SPDAT.

Subrecipient must complete and sign intake documents to be considered for occupancy.

Applicants will be considered conditionally eligible for housing based solely on statements given on the intake form and any third-party verification forms. Background checks (i.e. criminal, credit, or tenant history) shall not be used to screen applicants for housing eligibility or readiness.

Each resident will be assigned a dedicated case manager, who will provide ongoing support and guidance in accessing services and achieving personal goals. Case managers will employ a strengths-based approach, focusing on residents' capabilities and resources to foster selfsufficiency and empowerment. Housing Assistance Supportive Services will include housing search and placement assistance, landlord mediation, and eviction prevention strategies to help residents secure and maintain stable housing. For those in need of additional support, case managers will provide ongoing rental assistance and housing stabilization services, helping residents to navigate the challenges of independent living. Regular case conferencing and supervision will ensure that case managers remain responsive to residents' evolving needs and that service delivery is consistent and coordinated.

Referrals
The Subrecipient will utilize United Way, the designated management entity for Coordinated Entry Services (CES) in San Bernardino. Upon entry to the campus, residents will undergo a thorough intake process to gather essential information, identify needs, and determine eligibility for services. Case managers will use standardized assessment tools, such as the VI-SPDAT, to evaluate residents' vulnerabilities and support needs, enabling the development of individualized service plans tailored to their unique circumstances.

Substance Use Policy
The Subrecipient employs a harm reduction model that offers a non-judgmental approach that attempts to meet tenants "where they are at" with their substance use. However, tenants may be Packet Page. 58
asked to leave for substance use that is disruptive to site services, tenants, or staff. Services to support recovery will be offered with opportunities for the tenant to minimize the harms associated with substance use but may be mandated for those who have a substance use problem and wish to stay. While drugs and alcohol are not allowed on the campus, the Project will house many tenants who are actively using these substances.

Staffing
The Subrecipient will maintain staffing, including security, 24/7 on the property. All shifts will have two staff on duty. Maintaining the safety and security of clients and staff is paramount at the Community Wellness Campus. Shifts will rotate out at regular intervals, and updates will be provided to incoming staff, so they are aware of any emerging issues for/among the tenants. All staff will treat tenants with kindness, and client issues will be managed with confidentiality and respect.

The Program Manager will, under the leadership of the Area Director and Senior Director, be responsible for the day-to-day implementation of the program. The Program Manager will develop, implement, and provide supervision for the Project’s programs. The Program Manager will work with the Director to establish program budgets and ensure that the programs operate within the established budget.

Eviction Protection
Support services stall will assist tenants in abiding by housing rules and Project policies. This may include helping a tenant understand the appropriate way to communicate concerns, and write requests, responses, or complaints to the Project Director. Tenants will also be encouraged to attend housing meetings to voice their concerns and ideas and will be provided with Project updates.

Required Services
Case Management
Peer Support Activities
Substance Use Services
Behavioral Health Services
Support Services will be offered primarily on-site, with drop-in appointments, individual case management, workshops, and community-building activities. Programs are delivered by program staff, partner agencies, and volunteer groups. The Subrecipient staff will assist tenants with linkage (including transportation assistance) to various resources, services, and providers that are not available on-site.

Tenants will be provided with assistance in identifying, applying for, and establishing appointments with available services such as food programs, medical clinics, in-home support, and transportation services.

Encourage Services
Care Coordinators/Case Managers will assess tenants’ skills and goals at intake and encourage all tenants to participate in educational and employment services.

BUDGET/EXPENDITURES
Total Operating Expenses $5,000,000”
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3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Subaward 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.

5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE AMERICAN RESCUE PLAN ACT (ARPA) SUBAWARD

AGREEMENT

WITH LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA
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
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

SUBRECIPIENT
Dr. LaSharnda Beckwith
President & CEO
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CITY OF SAN BERNARDINO AMERICAN RESCUE PLAN ACT

SUBAWARD AGREEMENT
This Subaward Agreement (“Agreement”) is between the City of San Bernardino, a California charter city (“City”), and the Lutheran Social Services of Southern California (“Subrecipient”). City and Subrecipient may be individually referred to herein as the “Party” and collectively as the “Parties.”

RECITALS
A. On March 10, 2021, the United States Congress passed, and on March 11, 2021, President Joseph Biden signed into law, the American Rescue Plan Act (“ARPA”).

B. ARPA established the Coronavirus State Fiscal Recovery Fund (“CSFRF”) and Coronavirus Local Fiscal Recovery Fund (“CLFRF”), together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, which provides a combined $350 billion in assistance to eligible state, local, territorial, and Tribal governments to help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery.

C. The City received federal funding in the form of the CSLFRF under ARPA in response to the coronavirus (“COVID-19”) pandemic. These funds may be used to carry out a wide range of community development activities, including those that benefit local communities.

D. The Interim Final Rule on CSLFRF issued by the Department of the Treasury (“Treasury”) effective May 17, 2021, and the Final Rule issued by the Department of the Treasury effective April 1, 2022, (together, the “Rule”) provide the rules and guidelines for how CSLFRF funds may be spent.

E. ARPA states the City may grant subawards to subrecipients for the furtherance of an ARPA eligible use. City desires to make a grant of CSLFRF funds to the Subrecipient, in accordance with the terms of this Agreement and all applicable provisions of ARPA, to carry out the services that the Subrecipient will provide (“Services” or “Project”).

TERMS AND CONDITIONS
Now, therefore, in consideration of the above recitals, which are hereby fully incorporated into this Agreement, and the mutual covenants contained herein, City and Subrecipient agree as follows:

1. Scope of Services, Budget. The scope of the Services is set forth in the attached Scope of Work and Budget, which is included as Exhibit “A” to this Agreement.

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2. Term. The term of this Agreement begins on May 1, 2023, and continues through December 31, 2026, unless modified or terminated in accordance with this Agreement. Subrecipient certifies that the use of funds will be used only to cover expenditures allowed under ARPA and incurred during the Term.

Any cost obligated by Subrecipient as of December 31, 2024, must be expended by December 31, 2026, to meet the eligible costs timeframe as defined by the United States Department of the Treasury.

3. Compensation City will provide Subrecipient with an amount not-to-exceed $5,000,000 (the “Grant Funds”). Any expenses and costs incurred by the Subrecipient in excess of the Grant Funds shall be the sole responsibility of the Subrecipient. Subrecipient shall use the Grant Funds for the Services. Subrecipient shall submit a Reimbursement Request to the City for payment of the Grant Funds in accordance with the Reimbursement Procedures that is attached hereto as Exhibit “B.” Subrecipient agrees that all expenditures are to be in accordance with the terms of this Agreement.

4. Availability of Funds. City’s payment to Subrecipient under this Agreement is contingent on the availability of program funds and continued federal and state authorization for the funded program activities.

5. Performance Monitoring. The City will monitor the performance of the Subrecipient against goals and performance standards required herein or by ARPA. Substandard performance, as determined by the City in its sole discretion, will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time, but no later than 10 days, after being notified by the City, the City may suspend any pending disbursements of Grant Funds or may, in its sole discretion, terminate this Agreement in the manner provided herein.

6. Modification and Termination.

6.1 City may modify or terminate this Agreement at any time if in good faith City deems it necessary to:
(A) Respond to a reduction or elimination of funds or discontinued authorization; or
(B) Comply with changes in City, state, or federal legislation, regulation, or policy.

6.2 Any modification of this Agreement must be by written amendment, signed by both Parties. If City modifies the Agreement and Subrecipient refuses to accept the modification by executing a corresponding amendment, City may terminate the Agreement for cause.

7. Commencement of Performance. Subrecipient may not obligate or request disbursement of funds, incur any cost, or initiate identified Services that are the DocuSign Envelope ID: 4A04EE6F-4443-4E00-9CC1-589ACB22F9F0 Packet Page. 63

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subject of this Agreement until each of the following provisions has been fully satisfied:

7.1 Subrecipient must furnish proof of insurance as required by this Agreement.

7.2 City has obtained proof that Subrecipient is registered on SAM.gov and that Subrecipient is not suspended or barred from federally funded programs.

7.3 Subrecipient has provided City with a completed Request for Taxpayer Identification Number and Certification, Form W-9 (Rev. 2020, as issued by the Internal Revenue Service).

7.4 This Agreement is fully executed by the Parties.

8. Representatives of the Parties and Service of Notice. The Parties’ respective representatives who are primarily responsible for the administration of the Agreement, and to whom formal notice, demands and communications must be given, are as follows:

8.1 The principal representative of the City is:

City of San Bernardino
Community & Economic Development Department
290 North D Street
San Bernardino, CA 92401

8.2 The principal representative of Subrecipient is:

Lutheran Social Services of Southern California
999 Town and Country Road, Suite 100
Orange, CA 92868

8.3 8.4
Notices, demands, and communications to be given hereunder by either Party must be made in writing and affected by personal delivery or by mail.

When mailed and addressed in accordance with this section, notice is deemed given upon deposit in the U.S. mail, postage pre-paid. In all other instances, notice is deemed given at the time of actual delivery.

Each Party will provide the other with the name and current contact information of its principal representative within five (5) business days after designating a new principal representative or after any change to the representative’s contact information.

9. Compliance with Laws. Subrecipient shall comply with all federal, state and local laws, ordinances, rules and regulations as well as applicable codes of ethics, pertaining to or regulating the provision of the services, including those now in effect and hereafter adopted. Any violation of such laws, ordinances, rules and regulations, and applicable codes of ethics shall constitute a material breach of DocuSign Envelope ID: 4A04EE6F-4443-4E00-9CC1-589ACB22F9F0 Packet Page. 64

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this Agreement and shall entitle the City to terminate this Agreement immediately upon delivery of written notice of termination to the Subrecipient.

10. Federal Terms and Conditions.

10.1 The Grant Funds must be used strictly in accordance with the ARPA Requirements attached hereto as Exhibit “C,” which are incorporated herein by this reference. To the extent that any provision contained in Exhibit “C” conflicts with any provision of this Agreement, Exhibit “C” governs.

10.2 Any Grant Funds expended by Subrecipient in any manner that does not adhere to the ARPA Requirements and this Agreement shall be returned or repaid to the City. This includes, but is not limited to, funds paid to Subrecipient: i) in excess of the amount to which Subrecipient is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of ARPA.

11. Independent Contractor. Subrecipient is an independent contractor. As such, Subrecipient has no power or authority to incur any debt, obligation, or liability on behalf of City. Further, neither Subrecipient nor anyone working on its behalf is not entitled to any benefit typically associated with an employee such as medical, sickleave, or vacation benefits.

12. PERS Eligibility Indemnity

12.1 In the event that Subrecipient or any employee, agent, or subcontractor of Subrecipient providing Services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Subrecipient will indemnify, defend, and hold harmless City for the payment of any employee or employer contribution for PERS benefits for Subrecipient or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, that would otherwise be the responsibility of City.

12.2 Notwithstanding any other state or federal policy, rule, regulation, law, or ordinance to the contrary, Subrecipient and any of its employees, agents, and subcontractors providing Services under this Agreement do not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution or employee contributions for PERS benefits.

13. Indemnity and Insurance
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13.1 Indemnity. Subrecipient will hold City and its employees, officers, and agents free and harmless from all losses, claims, liens, demands, and causes of action of every kind and character, including, but not limited to, the amounts of judgment, interests, court costs, legal fees, expert costs, expert fees, and all other expenses incurred by City to the maximum extent allowed by law arising in favor of any party, including claims, liens, debts, personal injuries, including employees of City, death or damages to property (including property of City) and without limitation by enumeration, all other claims or demands of every character occurring or arising directly out of or as a consequence of the performance of the Services, this Agreement, violation of ARPA Requirements, and use of the Grant Funds, except only such injury to persons or damage to property due or claimed to be due to the sole negligence or willful misconduct of City.

13.2 Insurance. Subrecipient will procure and maintain at all times during the term of this Agreement insurance as set forth in Exhibit “D” attached hereto.

14. Records, Inspections, and Reports.

14.1 Subrecipient will maintain full and accurate records with respect to all Services and matters covered under this Agreement. City may have free access at all reasonable times to such records, and has the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. Subrecipient understands and agrees that City may, at any time, request additional information that may be required for the purpose of making necessary reports to Treasury, or for otherwise evaluating Subrecipient's progress and performance under this Agreement. In the event of such requests, Subrecipient will comply by providing the appropriate data within ten (10) working days from the date of any such request.

14.2 The City, Treasury Department, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to all books, documents, papers and records maintained by the Subrecipient in connection with the Services for the purpose of audit, examination, excerpts and transcriptions.

14.3 Subrecipient further understands and agrees that the records and additional information described in this section must be retained on a continuing basis for a period of five (5) years after this Agreement has expired, as required for compliance with ARPA Requirements.

14.4 Subrecipient shall submit “Quarterly Reports” during the term of this Agreement, within thirty (30) calendar days of the end of each quarter. The first Quarterly Report is due on or before June 30, 2023, and the final Quarterly Report is due no later than November 1, 2026. Each Quarterly Report must include sufficient information to assist the City in monitoring DocuSign Envelope ID: 4A04EE6F-4443-4E00-9CC1-589ACB22F9F0 Packet Page. 66

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the Subrecipient’s performance under the terms of this Agreement. The Subrecipient must submit its Quarterly Report and demonstrate satisfactory performance, at the sole discretion of the City, prior to reimbursement for expenditures under a Reimbursement Request.

15. Audit Requirements.

15.1 Subrecipient is responsible for conducting an annual audit of its ARPA spending in compliance with the Office of Management and Budget (OMB) 2 CFR Chapter 1, Chapter II, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards; Final Rule, as applicable. A copy of the required audit or financial statement must be forwarded to City upon completion. Any costs associated with the annual audit are the responsibility of Subrecipient.

15.2 Subrecipient shall cooperate in having an audit completed by City, at City’s option and expense.

15.3 Subrecipient shall repay to County any reimbursement for ARPA funding that is determined by subsequent audit to be unallowable under ARPA within the time period required by the ARPA, but no later than one hundred twenty (120) days of Subrecipient receiving notice of audit findings, which time shall include an opportunity for Subrecipient to respond to and/or resolve the findings. Should the findings not be otherwise resolved and Subrecipient fail to reimburse moneys due City within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between the Parties or required by the ARPA, City reserves the right to withhold future payments due Subrecipient from any source under City’s control.

16. Prevailing Wage. Subrecipient is aware of the requirements of California Labor Code Section 1720, et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 1600 et seq. (“State Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the funds are used as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Subrecipient agrees to fully comply with such State Prevailing Wage Laws.

17. Confidentiality. Employees of Subrecipient may, in the course of their duties, have access to financial, accounting, statistical, and personnel data of private individuals and of employees of City. Subrecipient covenants that all data, documents, discussion, or other information developed or received by Subrecipient or provided for performance of this Agreement are deemed confidential and may not be disclosed by Subrecipient without written authorization by City. City will grant such authorization if disclosure is required by law. All City DocuSign Envelope ID: 4A04EE6F-4443-4E00-9CC1-589ACB22F9F0 Packet Page. 67

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data must be returned to City upon the termination of this Agreement.

Subrecipient’s covenant under this section survives termination of this Agreement.

18. Termination for Convenience. Either City or Subrecipient may terminate this Agreement at any time without cause by giving the other written notice of the date of termination at least 30 calendar days before. If this Agreement is terminated as provided herein by Subrecipient, Subrecipient will return all Grant Funds provided to Subrecipient under this Agreement to City within thirty (30) calendar days.

19. Termination for Cause. If for any reason, Subrecipient fails to fulfill in a timely and proper manner its obligation under this Agreement, or if Subrecipient violates any of the covenants of this Agreement, City has the unilateral right to terminate this agreement by giving Subrecipient written notice at least five (5) calendar days before termination. The notice must refer to this clause, specify the nature of the alleged default, and specify the effective date of the termination. If this Agreement is terminated as provided herein, Subrecipient will return all ARPA funds provided to Subrecipient under this Agreement to City within thirty (30) calendar days.

20. Assignment and Subcontracting. Neither Party may assign or subcontract the rights or responsibilities under this agreement without the express, written consent of the other Party, which consent may be withheld for any reason or for no reason.

21. Permits and Licenses. Subrecipient, at its sole expense, will obtain and maintain during the term of this Agreement all appropriate permits, licenses, and certificates that are required for the performance of the Services.

22. Standard. All Services to be rendered under this Agreement must be performed in accordance with the standards that are customarily observed by an experienced and competent professional organization rendering the same or similar services.

Subrecipient will re-perform any of said Services that are not in conformity with applicable standards, as determined by City.

23. Resolution of Disputes

23.1 Disputes regarding the interpretation or application of any provision of this Agreement must, to the extent reasonably feasible, be resolved through good-faith negotiations between the Parties.

23.2 If any action at law or in equity is brought to enforce or to interpret any provision of this Agreement, the prevailing party is entitled to recover reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

24. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Subrecipient may not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age physical or mental handicap, medical condition, or sexual orientation. Subrecipient will take affirmative action to DocuSign Envelope ID: 4A04EE6F-4443-4E00-9CC1-589ACB22F9F0 Packet Page. 68

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ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

25. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions continue in full force and effect without being impaired or invalidated in any way.

26. Governing Law and Venue. This Agreement is governed by and must be construed in accordance with laws of the State of California. In the event of litigation between the Parties, venue in state trial courts lies exclusively in the County of San Bernardino. In the event of litigation in a U.S. District Court, venue lies exclusively in the Central District of California.

27. Entire Agreement. This Agreement, together with Exhibits “A,” “B,” “C,” “D,” and “E” supersede all other agreements, whether oral or in writing, between the Parties with respect to its subject matter. Each Party to this Agreement acknowledges that no representation by any Party that is not embodied herein, nor any other agreement; statement, or promise not contained in this Agreement, is valid or binding.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF this Agreement is entered into by the Parties hereto on the last date set forth below.

CITY OF SAN BERNARDINO SUBRECIPIENT
Charles E. McNeely Dr. LaSharnda Beckwith
Interim City Manager President & CEO
Date: Date:

ATTEST:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
Approved by City Council on: April 26, 2023
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EXHIBIT “A”

SCOPE OF SERVICES AND BUDGET
The general purpose of this program is for the construction for its 140 interim housing beds and 30 semi-private emergency shelter beds. The following construction deliverables will be needed:

SUBRECIPIENT IS RESPONSIBLE FOR:
• Conducting community outreach and engagement activities to ensure the facility is responsive to the needs of the community
• Obtaining all necessary permits and approvals from local, state, and federal agencies
• Developing a detailed design and engineering plan for the modular housing units, central building, and onsite supportive services
• Conducting site preparation activities, such as grading, excavation, and utility installation, based on the design and engineering plan
• Constructing modular interim housing units to accommodate a minimum of 140 beds and 30 emergency shelter beds
• Installing essential services, such as water, sewer, electrical, and heating/cooling systems, based on the design and engineering plan
• Constructing a central building to house administrative offices, case management services, and onsite supportive services, based on the design and engineering plan
• Completing onsite supportive services, such as job training/placement, housing navigation, and case management, as outlined in the design and engineering plan • Conducting a final inspection and approval of all construction deliverables and services
• Submitting all required documentation to the local agency overseeing the ARPA funds to disburse the remaining funds, as needed.

BUDGET/EXPENDITURES

1. The following is the list of projected expenditures that will be funded by the Grant Funds
Expenditure Type Projected Expenditures
Pre-Development $2,000,000
Site Preparation $1,000,000
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Completing the construction of the
140 noncongruent interim housing
beds and 30 emergency shelter beds
$1,000,000
Providing ongoing case management
services to ensure residents have the
resources and support needed to
maintain permanent housing and
employment
$1,000,000
Total Expenditure $5,000,000
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EXHIBIT “B”

REIMBURSEMENT PROCEDURES

1. BILLING. By the 15th of each month, Subrecipient will submit a Reimbursement Request to City, along with a performance report and supporting documentation that are required by the Agreement. Subrecipient will submit the Reimbursement Request to City at the following address:

City of San Bernardino
Community and Economic Development Department
290 North D Street
San Bernardino, CA 92401
Each Reimbursement Request shall include documentation to verify that the expenditure of funds is consistent with the Agreement. Payroll records, receipts and paid invoices including an itemized statement of all costs are samples of appropriate methods of reimbursement documentation.

Prior to approving a Reimbursement Request, the City will verify that the Subrecipient has met all applicable ARPA Requirements. The City shall not provide any payments or reimbursements in advance of actual expenditures by the Subrecipient nor for any expenditures unrelated to the Services.

If a Reimbursement Request is rejected, or revisions are requested, Subrecipient will work with City to submit the required revisions.

Subrecipient shall not claim reimbursement or payment from City for, or apply sums received from City with respect to that portion of its obligations that have been paid by another source of revenue.

2. TIME OF PAYMENT. City will make payment to Subrecipient in accordance with City’s regular billing cycle after receipt of Subrecipient’s Reimbursement Request and City’s approval of the request.

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EXHIBIT “C”

ARPA REQUIREMENTS

1. COMPLIANCE WITH ARPA REQUIREMENTS

1.1 Subrecipient agrees that it undertakes hereby the same obligations to City that City has undertaken to Treasury by way of City's acceptance of ARPA funds. The obligations thus undertaken by Subrecipient include, but are not limited to, the obligation to comply with the following:
(A) Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (“ARPA”);
(B) CSLFRF Final Rule, codified at 31 CFR Part 35;
(C) CSLFRF Guidance on Recipient Compliance and Reporting Requirement, the most current version;
(D) 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury. This includes ensuring that any procurements using ARPA funds are consistent with the procurement standards in the Uniform Guidance at 2 CFR 200.317 through CFR 200.327, as applicable. A procurement checklist is attached hereto as Exhibit “E”; and
(E) Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions.

1.2 Failure to meet established performance goals and standards or non-compliance with applicable rules and regulations constitutes non-compliance with the terms of this Agreement. City is entitled to avail itself of one or more of the following remedies to address noncompliance:
(A) Temporarily withhold cash payments pending correction of deficiencies by Subrecipient;
(B) Disallow all or part of the cost of the activity or action not in compliance (C) Wholly or partly suspend or terminate the current award for Subrecipient's program;
(D) Withhold further awards for the program; or
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(E) Take other remedies that may be legally available.

2. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS

STATE AND LOCAL FISCAL RECOVERY FUND AWARD TERMS AND

CONDITIONS

2.1 Maintenance of and Access to Records. Subrecipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of ARPA, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Subrecipient agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Subrecipient which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by Subrecipient for a period of five (5) years after completion of the project.

2.2 Compliance with Federal Regulations. Subrecipient agrees to comply with the requirements of section 603 of ARPA, regulations adopted by Treasury pursuant to section 603(f) of ARPA, and guidance issued by Treasury regarding the foregoing. Subrecipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(A) Universal Identifier and System for Award Management (SAM), 2 C.F.R.

Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(B) Reporting Subaward and Executive Compensation Information, 2 C.F.R.

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

20. (F) New Restrictions on Lobbying, 31 C.F.R. Part 21. (G) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

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2.3 Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

Subrecipient agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(A) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(B) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (C) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (D) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance.
(E) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

2.4 False Statements. Subrecipient understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

2.5 Hatch Act. If Subrecipient is a public agency, Subrecipient agrees to comply, as applicable, with the requirements of the Hatch Act (5 U.S.C. section 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.

2.6 Protections for Whistleblowers.
(A) In accordance with 41 U.S.C. § 4712, Subrecipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a DocuSign Envelope ID: 4A04EE6F-4443-4E00-9CC1-589ACB22F9F0 Packet Page. 76
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substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (B) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Subrecipient, or a subcontractor who has the responsibility to investigate, discover, or address misconduct.

2.7 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Subrecipient is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same

2.8 Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Subrecipient should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Subrecipient should establish workplace safety policies to decrease accidents caused by distracted drivers.

2.9 Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Contract, including, but not limited to, the following:
(A) Subrecipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such DocuSign Envelope ID: 4A04EE6F-4443-4E00-9CC1-589ACB22F9F0 Packet Page. 77
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as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(B) Subrecipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Subrecipient understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Subrecipient shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons.

Subrecipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
(C) Subrecipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.
(D) Subrecipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Subrecipient and Subrecipient’s successors, transferees and assignees for the period in which such assistance is provided.
(E) Subrecipient agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Subrecipient and the Subrecipient’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
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Department of the Treasury, this assurance obligates the Subrecipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Subrecipient for the period during which it retains ownership or possession of the property. (G) Subrecipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Subrecipient shall comply with information requests, on-site compliance reviews, and reporting requirements. (H) Subrecipient shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Subrecipient must also inform the Department of the Treasury if Subrecipient has received no complaints under Title VI.
(I) Subrecipient must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Subrecipient and the administrative agency that made the finding. If the Subrecipient settles a case or matter alleging such discrimination, Subrecipient must provide documentation of the settlement. If Subrecipient has not been the subject of any court or administrative agency finding of discrimination, please so state. (J) If Subrecipient makes sub-awards to other agencies or other entities, Subrecipient is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

3. SUBCONTRACTS
Subrecipient will incorporate the same or substantially equivalent requirements as are contained in this Agreement in all subcontracts that utilize any ARPA funds or that support any ARPA funded project covered by this Agreement. When a project utilizes ARPA funds and funds from other sources, all funds are subject to ARPA regulations.

Subrecipient, by entering into a subcontract for performance of any portion of its ARPA funded program, is not relieved of its responsibilities to City as set forth in this Agreement.

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4.1 No member, officer or employee of Subrecipient or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any function or responsibility with respect to the program during that person’s tenure or for one year thereafter, may have any interest, direct or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the programs activities assisted under this Agreement.

4.2 By entering into this Agreement, Subrecipient certifies that:
(A) No federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant loan, or cooperative agreement.
(B) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, Subrecipient must complete and submit Standard Form- LL, "Disclosure Form to Report Lobbying," in accordance with its instructions, and other federal disclosure forms as requested.
(C) Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients certify and disclose accordingly.

4.3 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

5. FISCAL CONTROL

5.1 Subrecipient is responsible for the internal control and monitoring of fiscal and programmatic/operational goals and procedures. Subrecipient will establish such fiscal controls and fund accounting procedures as required by federal regulations, or as may be deemed necessary by the City to assure the proper disbursal of, and accounting for, funds paid to Subrecipient under this Agreement.

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Subrecipient must maintain separate accounts within established bookkeeping systems for ARPA funds.

5.2 If award exceeds $50,000 the Subrecipients are subject to Title 2 CFR Part 200 must deposit funds in an account requiring two signatures for disbursement and submit to City specimen signatures for all authorized signatories prior to receipt of funds.

5.3 City will pay Subrecipient progress payments at the time and in the manner set forth in Exhibit “B.” Payment by City is not to be construed as final in the event that Treasury disallows reimbursement for the Project or any portion thereof.

Subrecipient will submit reasonable back-up documentation as specified by City with request for payment.

5.4 Subrecipient is liable for all amounts that are determined to be due by Treasury including, but not limited to, disallowed costs that are the result of Subrecipient's or its contractor's conduct under this Agreement.

5.5 City will notify Subrecipient in writing regarding any controversy or proceeding between City and Treasury arising from this Agreement. Subrecipient will be permitted to respond regarding the controversy or proceeding.

5.6 All financial transactions must be supported by complete and verifiable source documents. Records must provide a clear audit trail.

6. REVERSION OF ASSETS

6.1 Funds. Upon expiration of this Agreement, Subrecipient will transfer to City any ARPA funds in Subrecipient's control at the time of expiration of this Agreement.

6.2 Equipment. If Subrecipient has used ARPA funds to purchase tangible, nonexpendable, personal property having a useful life of more than one (1) year and an acquisition cost of $5,000 or more per unit, Subrecipient may use such equipment for the purpose for which it was acquired as long as needed for the program or project described in this Agreement. When no longer needed for the original program or project, the equipment must be returned to the City.

6.3 Real Property. If Subrecipient has used ARPA funds to purchase real property, and Subrecipient sells or otherwise disposes of such real property, Subrecipient shall return the ARPA-share of the purchase to City. The ARPA-share shall be computed by applying the percentage of ARPA funds that went toward the cost of the original purchase (and costs of any improvements) multiplied by the fair market value of the property at the time of sale by the Subrecipient.

7. REQUESTS FOR TECHNICAL ASSISTANCE
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being requested and proposed solution if applicable. Informal questions regarding daytoday program operation may be directed to the designated City representative.

8. CONTRACT RESPONSIBILITY FOR MONITORING AND RECORDS

8.1 City, designated representatives of City, and other appropriate officials must have access to all personnel records, management information, and fiscal data of Subrecipient and any agency or contractor with whom Subrecipient executes a subcontract necessary to carry out any ARPA-funded Services for monitoring purposes. Subrecipient will respond in a timely manner to all identified corrective actions Subrecipient will submit to City all required reports and monitoring corrective action plans on a timely basis, as delineated by City. Records must be maintained as follows:

8.2 Subrecipient agrees to retain all pertinent records under ARPA, including financial records, until advised by City that further retention is unnecessary.

Records must be open and available for inspection by auditors and other staff assigned by City during the normal business hours of Subrecipient.

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EXHIBIT “D”

INSURANCE
Subrecipient must maintain throughout the duration of the term of the Agreement, liability insurance covering Subrecipient and designating City, including its elected or appointed officials, directors, officers, agents, employees, volunteers, or subrecipients, as additional insured against any and all claims resulting in injury or damage to persons or property (both real and personal) caused by any aspect of Subrecipient's work, in amounts no less than the following and with such deductibles as are ordinary and reasonable in keeping with industry standards. It must be stated in the Additional Insured Endorsement that Subrecipient's insurance policies are primary with respect to any claim related to or as the result of Subrecipient's work. Any insurance, pooled coverage, or self-insurance maintained by City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or Subrecipients must be non-contributory. The Additional Insured Endorsement does not apply to the Professional Liability Insurance.

General Liability:
a. General Aggregate $2,000,000
b. Products Comp/Op Aggregate $2,000,000
c. Personal & Advertising Injury $1,000,000
d. Each Occurrence $1,000,000
e. Fire Damage (any one fire) $ 50,000
f. Medical Expense (any one person) $ 5,000
Workers' Compensation:
a. Workers' Compensation Statutory Limits
b. EL Each Accident $1,000,000
c. EL Disease - Policy Limit $1,000,000
d. EL Disease - Each Employee $1,000,000
Automobile Liability
a. Any vehicle, combined single limit $1,000,000
Subrecipient will provide thirty (30) days advance notice to City before any material change to or any cancellation of coverage. Certificates of insurance and additional insured endorsements must be furnished to City thirty (30) days prior to the effective date of this Agreement. Refusal to submit such certificates constitutes a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement. If proof of insurance required under this Agreement is not delivered as required or if such insurance is canceled and not adequately replaced, City has the right but not the duty to obtain replacement insurance and to charge Subrecipient for any premium due for such coverage. City has the option to deduct any such premium from the sums due to Subrecipient.

Insurance must be placed with insurers that are authorized and admitted to write insurance in California and with a current A.M. Best's rating of A-:VII or better. Acceptance of insurance from a carrier with a rating lower than A-:VII is subject to approval by City's Risk Manager. Subrecipient must immediately advise City of any litigation that may affect these insurance policies.

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EXHIBIT “E”

PROCUREMENT CHECKLIST
The below provides a general checklist of the Procurement Standards (2 CFR §200.317 to §200.327), as applicable, for Subrecipients to review and follow when using ARPA funds to contract with a contractor to carry out the Project. A contractor is defined as an entity that receives a contract and a contract is defined as a legal instrument by which a Subrecipient purchases property or services needed to carry out the Project. As specific questions arise, Subrecipients are encouraged to consult the City as this general checklist is only a guide and for reference only.

Procurement Standards (§200.317-§200.327)
Documented Procurement Procedures
Subrecipient must have and use documented procurement procedures, consistent with state and local laws and regulations and the standards of §200.3.17 to §200.327, for the acquisition of property or services.
☐
General Procurement Standards
Subrecipient must:
• Ensure contractors perform in accordance with the terms, conditions, and specifications of their contract.
• Maintain written standards of conduct covering conflicts of interest. • Avoid acquisition of unnecessary, duplicative items.
• Consider consolidating, breaking out procurements for a more economical purchase.
• Only award contracts to responsible contractors.
• Maintain records to detail the history of the procurement. • Be responsible for the settlement of contractual and administrative issues in accordance with sound business judgement and good administrative practices.
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Competition
Subrecipient must:
• Conduct procurements in a manner providing full and open competition, situations considered to be restrictive of competition are listed in §200.319. • Conduct procurements in a manner that prohibits use of statutorily or administratively imposed state, local, or tribal geographical preferences in ☐
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the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference, is prohibited.
• Have written procedures for procurement transactions that, among other things, incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured, Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals, and must not contain features which unduly restrict competition.

Solicitations
Subrecipient, in compliance with its own local and state laws, must follow the informal procurement methods (micro-purchases and small purchases) and formal procurement methods (sealed bids, proposals, noncompetitive procurement) in §200.320, as applicable. If Subrecipient thresholds are lower, the more restrictive requirement shall govern, notwithstanding the provisions in §200.320. • Micro Purchases - Purchases of supplies or services within the micropurchase threshold (e.g., currently set at purchases of $10,000 or less, but periodically adjusted for inflation) may be awarded without soliciting competitive quotations if the Subrecipient considers the price to be reasonable based on research, experience, purchase history or other information and documents it files accordingly. To the extent practicable, the Subrecipient must distribute micro-purchases equitably among qualified suppliers.
• Small Purchases - Purchases of property or services within the simplified acquisition threshold (SAT) (e.g., currently set at purchases of $250,000 or less) shall not be required to be formally bid. Price quotations must be obtained from an adequate number of qualified sources as determined appropriate by the Subrecipient.
• Sealed Bids - Bids are publicly solicited and a firm-fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is the lowest in price. This is the preferred method for procuring construction.
• Proposals - When the nature of a procurement does not lend itself to formal, sealed bidding, the Subrecipient may solicit competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed-price or costreimbursement type contract is awarded. • Noncompetitive Procurement - Contracts may be procured through a noncompetitive proposal only when:
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o The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold;
o The item is only available from a single source;
o The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;
o The federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the Subrecipient; or
o Competition is deemed inadequate after the solicitation of a number of sources.

Types of Contracts
Subrecipient must:
• Not use a cost plus percentage of cost contract and, only in limited circumstances use a time and materials contract.
• Perform a price or cost analysis in connection with every procurement action in excess of Simplified Acquisition Threshold ($250K), including contract modifications, including making an independent cost estimate prior to receiving bids or proposals.
• Negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed.
• Require, on certain construction projects, bid, performance, and payment bonds in accordance with §200.326.
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Contract Provisions
• Subrecipient must include in its contract with the selected contractor the twelve (12) contract provisions in Appendix II of 2 CFR Part 200, as applicable. Certain contract provisions will not apply based on the scope of and/or the value of the contract.
• Subrecipient must take affirmative steps (and require the same of the contractor) to assure that minority businesses, women’s business enterprises and labor surplus firms are used when possible. See §200.321. • As appropriate and to the extent consistent with law, Subrecipient should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). See §200.322.
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EXHIBIT A

SUPPORTIVE SERVICE PLAN AND BUDGET
Target Population
The target population is adult men experiencing chronic/homelessness with complex health and social service needs. This population is at or below 15% of the area median income. The US Department of Housing and Urban Development (HUD) defines chronically homeless as individuals who are disabled and live in a place not meant for human habitation, a safe haven, or an emergency shelter; AND who have been homeless and living in one of these places continuously for at least 12 months, OR who on at least 4 separate occasions have been living in these places during the last 3 years for at least 7 consecutive nights each time.

Tenant Selection Criteria
Upon entry to the campus, residents will undergo a thorough intake process to gather essential information, identify needs, and determine eligibility for services. Age 18 or over, male, chronic/homeless, resident of San Bernardino County, cognitively alert and oriented to name, place, date, and situation. Case managers will use standardized assessment tools, such as the Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT), to evaluate residents' vulnerabilities and support needs, enabling the development of individualized service plans tailored to their unique circumstances. Tenant Selection Criteria draw from the formal standardized process of the Coordinated Entry System (CES) using the County of San Bernardino Homeless Data Integration System (HDIS). Housing First and Harm Reduction principles are followed to ensure individuals are not disqualified because of substance use disorders or other personal struggles. Placement is not contingent on sobriety, minimum income requirements, lack of a criminal record, completion of treatment, participation in services, or any other unnecessary condition not imposed by the terms of funding.

Subrecipient must complete and sign intake documents to be considered for occupancy.

Each resident will be assigned a dedicated case manager, who will provide ongoing support and guidance in accessing services and achieving personal goals. Case managers will employ a strengths-based approach, focusing on residents' capabilities and resources to foster self-sufficiency and empowerment. Housing Assistance Supportive Services will include housing search and placement assistance, landlord mediation, and eviction prevention strategies to help residents secure and maintain stable housing. For those in need of additional support, case managers will provide ongoing rental assistance and housing stabilization services, helping residents to navigate the challenges of independent living. Regular case conferencing and supervision will ensure Packet Page. 87
that case managers remain responsive to residents' evolving needs and that service delivery is consistent and coordinated.

Substance Use Policy
The Subrecipient employs a harm reduction model that offers a non-judgmental approach that attempts to meet tenants "where they are at" with their substance use. However, tenants may be asked to leave for substance use that is disruptive to site services, tenants, or staff. Services to support recovery will be offered with opportunities for the tenant to minimize the harms associated with substance use but may be mandated for those who have a substance use problem and wish to stay. While drugs and alcohol are not allowed on the campus, the Project will house many tenants who are actively using these substances.

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Encourage Services
Care Coordinators/Case Managers will assess tenants’ skills and goals at intake and encourage all tenants to participate in educational and employment services.

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SUPPORTIVE SERVICE BUDGET
Total Salaries and Value of Free Rent Units $1,275,000
6711 Payroll Taxes $88,090
6722 Workers Compensation $70,802
6723 Employee Benefits $202,784
Employee(s) Payroll Taxes, Workers Comp. & Benefits $361,676 Total Employee(s) Expenses $1,636,676
$0
Acct. No. Expenses
Utilities Expenses: 6400 $0
6450 Electricity $166,950
6451 Water $149,800
6452 Gas $94,500
6453 Sewer $45,500
Other Utilities: (specify) $20,000
6400T Total Utilities Expenses $476,750
Operating and Maintenance Expenses: 6500 $0
6510 Payroll -- from above $85,680
6515 Supplies $72,000
6520 Contracts $168,000
6546 Heating/Cooling Repairs and Maintenance $96,000
6590 Miscellaneous Operating and Maintenance Expenses $120,000 6500T Total Operating & Maintenance Expenses $541,680
Taxes and Insurance: 6700 $0
6711 Payroll Taxes (Project's Share) -- from above $88,090 6720 Property and Liability Insurance (Hazard) $24,000
6700T Total Taxes and Insurance $385,676
6900 Supportive Services Costs: $0
Security $374,400
Mental Health Specialist (2) $348,400
Life Skills Training $107,898
6990 Tenant Transportation (per SSP) $16,008
6990 Staff training (per SSP) $100,000
6990 Other Supportive Services Costs: Indirect Costs 8.4% $349,230 Packet Page. 90
6990 Other Supportive Services Costs: Meals $1,111,038
6900T Total Supportive Services Costs $1,576,276
$0
Total Operating Expenses $5,000,000
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EXHIBIT B

REIMBURSEMENT PROCEDURES

If a Reimbursement Request is rejected, or revisions are requested, Subrecipient will work with City to submit the required revisions.

Subrecipient shall not claim reimbursement or payment from City for, or apply sums received from City with respect to that portion of its obligations that have been paid by another source of revenue.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 20, 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 & Housing
Subject: Award Professional Services Agreement to Environmental Kleanup, Inc. for Nuisance Abatement Services (All Wards) Recommendation:

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

1. Approve the award of a Professional Service Agreement with Environmental Kleanup for Nuisance Abatement Services, in a total amount not to exceed $655,981.50.

2. Authorize the Director of Finance and Management Services to issue an annual Purchase Order to Environmental Kleanup Services, Inc. in total amount not to exceed $655,981.50.

Executive Summary
The Professional Services Agreement (PSA) with Environmental Kleanup Services, Inc. is for abating public nuisances and public health hazards citywide. This will allow the Nuisance Abatement Program to address abandoned or burned buildings, accumulation of debris and overall blight throughout the City. The term of the agreement is for three years with two one-year options. A purchase order in the amount of $655,981.50 is requested for the purchase order. Funding for the abatement services is included in the FY 24/25 Budget and funds will be recouped as the property owners are billed for services.

Background
On December 16, 2020, Mayor and the City Council of the City of San Bernardino, California, authorized the City Manager to establish a Nuisance Abatement Program and amend the FY 2020/21 operating budget to allocate $1 million in one-time funding Packet Page. 93
to be set aside to support the program, with $750,000 budgeted for abatement services and $250,000 budgeted for outside legal services.

On August 16, 2023, the City Council of the City of San Bernardino, California, adopted Resolution No. 2023-135 approving the appropriation in the amount of $500,000 in American Rescue Plan Act (ARPA) funds related to various nuisance and property abatement costs and assistance to displaced individuals.

The objective of the program is to proactively preserve and enhance the quality of life in our community. Some of the focus areas include, but are not limited to:
• Public nuisances that negatively impact neighborhoods, such as problem properties with ongoing crime, including but not limited to drug activity, alcohol use, prostitution, and graffiti.
• Abandoned and vacant buildings/structures that create a nuisance leading to an increase in criminal activity, deterioration, and instability in neighborhoods. • General blight, including excess outside storage, accumulation of debris, and inoperable vehicles.
• Housing violations like substandard dwellings and unsafe living conditions. • Building violations, including unsafe and dangerous structures, unpermitted construction, and perennial remodels.
• Zoning violations, such as unpermitted uses and illegal dwelling units. • Fire Hazards
As part of the Program, Code Enforcement Officers would work in close coordination with the Police Department, Fire Department, and City Attorney’s Office.

The general makeup of the program includes:

1. Outside Services - Abatement services that include board up and securing of buildings and properties, demolition of hazardous buildings, and the hauling and disposing of materials.

2. Staffing - Additional Code Enforcement Officers and support personnel.

3. Legal Services - Guidance on the abatement process (including when summary abatement is possible) and assistance with seeking abatement warrants from the courts. The City Attorney’s Office has already provided the Code Enforcement Division with extensive guidance on the demolition process and, in late 2019, the City Council adopted amendments to Chapter 8.30 of the Municipal Code to streamline that process and to assist with summary abatement of nuisances (Ordinance No. MC-1521).

At the direction of the Mayor and City Council, the allocated funds for the program are to be carried over each fiscal year until the funds are completely expended. To date, a total of $588,521.00 has been expended on professional nuisance abatement services Packet Page. 94
between the Nuisance Abatement Program and ARPA funds.

Fund Program Expended to date
001 Nuisance Abatement Services Program $188,497.50
008 ARPA Emergency Building Health & Safety Abatement $400,023.50 Total $588,521.00
Discussion
Annually, the Code Enforcement Division aggressively responds to over 4,000 Code Enforcement requests that include board-ups and nuisance abatements of numerous properties, both residential and commercial. Therefore, to maintain the City's ability to effectively abate nuisances, the Community Development and Housing Department is requesting approval to award one vendor, Environmental Kleanup, Inc. with a multi-year contract in the amount not to exceed $655,981.50 that will remain in effect until the appropriated funds dedicated to nuisance abatement services are fully expended.

In addition to the Nuisance Abatement Program funds, the City is utilizing ARPA funds that Mayor and City Council adopted through Resolution No. 2023-135, in the amount of $500,000. To date, the City has expended $400,023.50 of the allocated ARPA Funds, with $99,976.50 remaining. ARPA funds for the Emergency Nuisance and Building Health and Safety Abatement Costs will be expended first in order to fulfill the June 2025 projected timeline to complete the ARPA expenditures. Nuisance Abatement Services fund will be expended once the allocated ARPA funds are fully expended.

On May 21, 2024, Request for Proposal F-24-1005 (RFP F-24-1005) was published seeking bids to ensure compliance with the City's regulation for on-call board-up and abatement services. Two contractors responded to bid F-24-1005: Environmental Kleanup Services, Inc., and Eagle Eye Demolition, Inc. The bid packet, scope of work, and responses are attached hereto as Attachments 2 and Attachment 3 respectively.

Environmental Kleanup Services, Inc. and Eagle Eye Demolition, Inc. were the only responsive and responsible bidders. After evaluations of overall bid specifications, Environmental Kleanup Services, Inc. demonstrated high ratings in the following categories:
• Quality of work performed
• Quantity of services provided
• Clarity and conformance to the RFP
• Fee Proposal
• Experience and performance
• Delivery of services
• Certifications and licenses
• Lowest responsive bidder
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If awarded by the Mayor and City Council, nuisance abatement services citywide are anticipated to begin December 2024. Community Development anticipates the remaining funding to be fully exhausted by June 2029.

Once the abatements are completed, the owner of the property will be invoiced for the total cost of the abatement. In the event that payment is not received, a lien will be recorded against the property to cover the cost of the cleanup, staff time, and related administrative expenses incurred by the City. In the future, when the property is sold, the abatement costs will be recovered by the City.
2021-2025 Strategic Targets and Goals
The nuisance abatement services contract aligns with Key Target No. 3: Improved Quality of Life. Specifically, 3d: Improve the City’s appearance, cleanliness, and attractiveness.

Nuisance abatement services utilize City programs to reduce crime and ensure that neighborhoods and business areas are clean and safe.

Fiscal Impact
There is no fiscal impact associated with this action. Funding for this agreement is appropriated in the FY 2024/25 Budget. Costs associated with nuisance abatement cleanups is billed to the property owner. The program is designed to provide a revolving source of revenue that will off-set the cost of providing services going forward.

Funding sources for the PSA with Environmental Kleanup Services, Inc. for Nuisance Abatement Services are form the following funds:

FUND PROGRAM AMOUNT
001 Nuisance Abatement Services Program $556,005.00
008 ARPA Emergency Building Health & Safety Abatement $99,976.05 Total $655,981.05
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of a Professional Service Agreement with Environmental Kleanup Services, Inc. for Nuisance Abatement Services, in a total amount not to exceed $655,981.50.

2. Authorize the Acting Finance Director to issue an annual Purchase Order to Environmental Kleanup Services, Inc. in total amount not to exceed $655,981.50.

Attachments
Attachment 1 Environmental Kleanup PSA – Nuisance Abatement Attachment 2 Environmental Kleanup Scope of Services RFP F-24-1005 Packet Page. 96
Attachment 3 Eagle Eye Nuisance Abatement RFP 2024-cost file Attachment 4 RFP F-24-1005 Nuisance Abatement PB
Ward:

All Wards
Synopsis of Previous Council Actions:

December 16, 2020, Mayor and the City Council of the City of San Bernardino, California, direct the City Manager to establish a Nuisance Abatement Program and amend the FY 2020/21 operating budget to allocate $1 million in one-time funding to be set aside to support the program.

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND ENVIRONMENTAL KLEANUP SERVICES, INC. d/b/a GANNCO DEMOLITION This Agreement is made and entered into as of November 20, 2024 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Environmental Kleanup Services, INC., a California based Corporation d/b/a GANNCO Demolition with its principal place of business at 231 E. Alessandro Blvd., Suite A465, CA 92508 (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:

On-call Asbestos remediation, demolition, abatement, renovation, and cleanup of damaged site(s) including structure and lot area. Property is to be left clean of existing debris, per final inspection per owner's agent and/or building and safety (hereinafter referred to as "the Project").

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.

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2 a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $655,981.50. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

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

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

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

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

6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2027, with two (2), one-year (1) options to extend, unless the Agreement is previously terminated as provided for herein (“Term”).

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

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

9. Delays in Performance.

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

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

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

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.

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

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

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

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

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be Packet Page. 101
5 at least as broad as the following:

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

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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. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.

At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required
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7 (i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

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

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver Packet Page. 104
8 renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities Packet Page. 105
9 and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Packet Page. 106
10 section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

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

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

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

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

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

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

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

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

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and 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 Packet Page. 108
12 the property of the City.

27. Organization. Consultant shall assign Diana Ramirez as Project Manager.

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

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

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Gabriel Elliott
Director of Community Development and
Housing Department

With Copy To:

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

Environmental Kleanup Services, INC.
231 E. Alessandro Blvd. Suite A465
Riverside, CA 92508
Attn: Beverley Gann

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

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

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

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13 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.

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.

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

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

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

44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant.
(ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance.

This time period
(iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement.

[SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND ENVIRONMENTAL KLEANUP SERVICES, INC. d/b/a GANNCO DEMOLITION IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton
City Manager

ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Environmental Kleanup Services, Inc.
d/b/a GANNCO Demolition

Signature

Name

Title

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16 EXHIBIT A

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VENDOR QUOTE FORM
VENDOR NAME: Environmental Kleanup Services Inc, dba GANNCO Environmental Servi ADDRESS: 231 E. Alessandro Blvd, Suite A465, Riverside, CA 92508 PHONE: (951) 685-5314 (951) 520-2617
The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

YEAR-END FINANCIAL CONSULTING SERVICES
The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE.

Item No. Description Quantity Unit Lump Sum
Cost Amount
1 1 1 $
2 1 1
3 1 1
4 1 1
5 1 1
6 1 1
7 1 1
8 1 1
9 1 1
10 1 1
TOT AL VENDOR QUOTE $
Total Number of Additional Pages:

Should the proposer be requested to perform additional finance related services, please list the proposed positions and hourly rate:

Personnel Specify Exact Title of Position assigned Hourly Rate
Staff Manager (or similar) $
Staff Associate (or similar) $

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Beverley j Gann CEO 120.00
Aureliano Lopez 80.00
Line item listed attached in this proposal
Based on Line Item Cost per City Request
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I hereby declare under penalty of perjury that the foregoing is true and correct. ____________ _
Submitted By:________________Title:
(Authorized Representative Signature)
Print Name: BEVERLEY J GANN

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CEO
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City of San Bernardino
Nuisance Abatement RFP F-24-1005
Cost File

1. Notify SCAQMD, Underground Alert, (required agencies) $1,000.00

2. Obtain required permits from City/County $1,500.00

3. Obtain requirement for water usage. $1,500.00

4. Erosion control plan per City requirements (approved plan) $1,000.00

5. Mobilization of equipment onto site $1,000.00

6. Demolish public nuisance structures, entire parcel. $8/sq ft

7. Removal of footings/ foundations (concrete/brick) pre-existing buildings $5/sq ft

8. Removal and dispose of hardscape $5/sq ft

9. Removal and disposal of large trees/ bushes $8/ sq ft

10. Removal and disposal of oversized/ hard to handle materials $8/ sq ft

11. Removal of all trash, boxes, debris, signs $5/sq ft

12. Removal and clean-up of trash- entire building site for disposal and trans $5/sq ft

13. Cap sewer at property lines $1,000.00

14. Final inspection permits $1,000.00
ADDITIONAL SERVICES (prices to be determined upon inspection) • Basement and oversized footing removal and disposal
• Underground tanks removal and disposal (septic tanks, etc.) • Pool pumping
• Inground concrete pool removal and disposal or break and fill in • Waste tire transport and disposal
• White goods (appliances) removal and disposal
• Weed abatement
• Security fencing installation
• Fill pits or open excavations
ADDITIONAL WORK RATE--PREVAILING WAGE a
Construction Inspector Basic- $65.12/hr Total- $96.03/hr Equipment operator Basic- $57.79/ hr Total- $88.58/hr
Laborer Basic- $39.28/hr Total- $65.14/hr
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REQUEST FOR PROPOSALS
FOR

CITY OF SAN BERNARDINO
FOR
RFP F-24-1005

NUISANCE ABATEMENT

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
https://www.sbcity.org
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TABLE OF CONTENTS
I. BACKGROUND AND INTRODUCTION ............................................................ 4 II. REQUEST FOR PROPOSALS ........................................................................... 4 A. Scope of Services ..................................................................................... 4 B. City Contact for this RFP ........................................................................... 5 C. Request for Clarification ........................................................................... 5 D. Pre-Proposal Meeting ............................................................................... 5 E. Content and Format of Proposal ................................................................ 5 F. No Deviations from the RFP ...................................................................... 9 G. Selection Process .................................................................................... 9 H. Protests ................................................................................................. 10 I. Proposal Schedule ................................................................................. 10 J. Submittal Requirements ......................................................................... 11 K. General Conditions ................................................................................ 12 EXHIBIT A .................................................................................................... 15 PROPOSAL CHECKLIST ............................................................................... 16 VENDOR QUOTE FORM ............................................................................... 17 EXHIBIT B .................................................................................................... 19 EXHIBIT C ................................................................................................... 36

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CITY OF SAN BERNARDINO
NOTICE INVITING PROPOSALS, RFP NO. 24-1005

NUISANCE ABATEMENT
PUBLIC NOTICE IS HEREBY GIVEN that proposals will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“Planetbids”) until 3:00 p.m., on June 13, 2024. Proposals may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Proposals received through any means other than Planetbids will be returned to the Vendor unopened.

The City is requesting proposals to provide:

NUISANCE ABATEMENT
The award of this contract is subject to available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all proposals determined not to be in the best interest of the City.

Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s Community and Economic Development upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. The contract awarded pursuant to this proposal may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

For more information regarding the RFP, please contact:

City of San Bernardino, Purchasing Division
[email protected]
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CITY OF SAN BERNARDINO

REQUEST FOR PROPOSALS

NUISANCE ABATEMENT
I. BACKGROUND AND INTRODUCTION
The City of San Bernardino (“City”) is requesting proposals from qualified firms (“Proposers”) for COMMUNITY AND ECONOMIC DEVELOPMENT services (“Services”).

To serve and promote the welfare of its residents, the City intends to procure the Services, as described below.

II. REQUEST FOR PROPOSALS
A. Scope of Services
The Services sought under this Request for Proposals (“RFP”) are set forth in more detail in Exhibit “A”, attached hereto and incorporated herein by this reference.

Notwithstanding the inclusion of such Services in Exhibit “A”, the final scope of Services negotiated between City and the successful Proposer shall be set forth in the Professional Services Agreement (“Agreement”) executed by and between City and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit “B” and incorporated herein by this reference.

1. Public Works Prevailing Wage and Contractor Registration (if applicable) Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/.

In addition, a copy of the prevailing rate of per diem wages will be made available at the City’s COMMUNITY AND ECONOMIC DEVELOPMENT upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. If the total compensation under the contract will exceed $25,000 and pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid shall be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. The contract awarded pursuant to this proposal may also Packet Page. 152

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be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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

C. Requests for Clarification
All questions, requests for interpretations or clarifications, either administrative or technical must be requested through the Q&A feature on PlanetBids.

All written questions, if answered, will be issued to all prospective proposers via email notification from Planetbids. Oral statements regarding this RFP by any person should be considered unverified information unless confirmed in writing via an addendum. To ensure a response, questions must be submitted to Planetbids by 3:00 pm local time on May 28, 2024, identified in the Proposal Schedule. Each Proposer is responsible for ensuring that it has received all addenda, clarifications, supplemental information and responses to questions prior to submitting a proposal.

D. Pre-Proposal Meeting – [***N/A***]
Each Proposer is requested to attend a [***N/A***] pre-proposal meeting to be held on Date/Time at [***N/A***].Failure to attend this meeting [***INSERT “will” or “will not”***] preclude a Proposer from submitting a proposal. Attendance at the pre-proposal meeting will ensure the Proposer understands the full scope of the services requested. Proposer shall set an appointment and sign a waiver of liability prior to visiting the site.

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

Proposals shall be in the following order and shall include:

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

2. Table of Contents

3. Identification of Proposer
a. Legal name and address of the company.
b. Legal form of company (partnership, corporation).

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c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”
d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal. e. California Business License Number

4. Staffing Resources
a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
(ii) Identify three (3) persons that shall be principally responsible for working with the City. Indicate the role and responsibility of each individual. If the Proposer is chosen as a finalist, these principal individuals must attend the interview and in-person presentation.
(iii) Describe proposed team organization, including
identification and responsibilities of key personnel. Please include one-page resumes.
(iv) Provide brief biographies of individuals that shall be working directly with the City.
b. Subcontractors
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor(s) that is anticipated to perform each function, if known at this time.

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

6. Experience and Technical Competence:
a. Experience
(i) The Proposer shall provide a description of how the Proposer’s experience; technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.

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(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has conducted business. Proposer must have at least four (4) years’ experience in providing the required scope of
Services for public clients.
(iv) Provide three (3) references regarding the Proposer’s experience and performance performing similar services.

Include the following information: (1) Organization/City, contact name, phone number, e-mail address; and (2)
project size and description, if applicable, and description of services.
(v) Describe the Proposer’s local experience and knowledge of City.
b. Project Specific Experience
(i) The Proposer shall provide a description of the three most relevant service contracts held within the last five years, one page per project, to include:
(a) Role of the firm
(b) Dollar value of the services
(c) Dollar value of the fee
(d) Description of services
(e) Staffing
(f) Duration of providing services
(g) Relationship to client
(h) Contact name, position, entity name, telephone
number, fax number and e-mail address for each
project.
(ii) If any of the following has occurred, please describe in detail:
(a) Failure to enter into a contract or professional
services agreement once selected.
(b) Withdrawal of a proposal as a result of an error.
(c) Termination or failure to complete a contract.
(d) Debarment by any municipal, county, state, federal
or local agency.
(e) Involvement in litigation, arbitration or mediation.

Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal
rigging, collusion, or restrictive competition between
bidders or proposers, or conviction of violating any
other federal or state law related to bidding or
professional services performance. Knowing
concealment of any deficiency in the performance of
a prior contract.

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(f) Falsification of information or submission of
deceptive or fraudulent statements in connection
with a contract.
(g) Willful disregard for applicable rules, laws or
regulations.

Information regarding any of the above may, at the
sole discretion of the City, be deemed to indicate an
unsatisfactory record of performance.
c. Technical Competence
(i) Description of in-house resources (i.e., computer
capabilities, software applications, modem protocol,
modeling programs, etc.)
(ii) Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.

7. Proposed Method to Accomplish the Work: Describe the technical and management approach to providing the Services to the City.

Proposer should take into account the scope of the Services, goals of the City, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described in Exhibit “A”, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

8. Fee Proposal: Please provide a fee proposal for the scope of Services. The fee proposal shall include hourly rates for all personnel for “Additional Work” (as such term is defined in the proposed Agreement attached hereto as Exhibit “B”).

9. Insurance: See the Agreement, attached hereto as Exhibit “B”, for a description of the insurance requirements.

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

11. Other Information: This section shall contain all other pertinent information regarding the following:
a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget. b. Description of community involvement.
c. Description of any previous involvement with the City. d. A statement that the Proposer has not conflicts of interest in connection with providing the Services.

12. Certification of Proposal: This section shall state:

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

13. Appendices
F. No Deviations from the RFP
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the proposal and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein.

G. Selection Process

1. The City will evaluate proposals based on the following criteria:
a. The Proposer is properly licensed to practice in the State of California.
b. The Proposer has no conflict of interest with regard to any other work performed by the firm for the City.
c. Clarity and conformance of proposal to the RFP.
d. Content of the proposal.
e. Proposer’s experience and performance.
f. Team members’ experience and performance.
g. Fee proposal.
h. Comments by references.

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

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

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

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

APPROVAL IS NOT BY CITY COUNCIL BUT SOMEONE ELSE, THIS CAN BE UPDATED***]
H. Protests

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

2. City Review: The City will review and evaluate the basis of the protest, provided that the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest. Action by the City relative to the protest will be final and not subject to appeal or reconsideration. The procedure and time limits set forth in this section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

I. Proposal Schedule
The tentative schedule is as follows:

ACTION DATE
Release of Request for Proposal May 21, 2024
Pre-Proposal Meeting Location: [***N/A***] Please
confirm on or before [***N/A***] to the
[email protected] email. The Microsoft Teams link
or location (if in person) will be sent to you by end of day [***N/A***].
__N/A___
Last Day to Submit Questions for Clarification
received by the City on or before 3:00 p.m.

May 28, 2024
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ACTION DATE
Clarifications Issued by City by end of day June 3, 2024 Deadline for Receipt of Proposals
submitted on or before 3:00 PM
June 13, 2024
Notification of Finalist(s) June 2024
Interview of Finalist(s) June 2024
Notification of Intent to Award July 2024
Authorization to Negotiate Contract August 2024
The above scheduled dates are tentative, and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time.

J. Submittal Requirements

1. General: It is strongly recommended that the Proposer submit proposals in the format identified in this RFP to allow the City to fully evaluate and compare the proposal. All requirements and questions in the RFP should be addressed and all requested data shall be supplied. The City reserves the right to request additional information which, in the City’s opinion, is necessary to assure that the Proposer’s competence, number of qualified employees, business organization, and financial resources are adequate to perform according to the Agreement.

2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Proposer’s demonstrated capability to perform the Services. Expensive bindings and promotional materials, etc., are not necessary or desired. However, technical literature that supports the approach to providing the Services and work plan should be forwarded as part of the proposal. Emphasis should be concentrated on completeness, approach to the work and clarity of proposal.

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

Proposer shall set an appointment and sign a waiver of liability prior to visiting the site.

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

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

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary” (“Proprietary Information”), the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction. Proposer shall have five (5) working days after receipt of such notice to give City written notice of Proposer's objection to the City's release of Proprietary Information. Proposer shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information.

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

6. Submittal Instructions: Electronic PDF file format via Planetbids. Please allow time for system to process your proposal. The proposal must be received BEFORE 3:00pm local time, on or before June 13, 2024. The City shall not be responsible for proposals that are not received on time. The City will not be responsible for and will not accept late bids due to slow internet connections, or incomplete transmissions.

K. General Conditions

1. Federal Requirements: If the Services are funded through a federal funding source, the successful Proposer and its subcontractors shall be required to take Packet Page. 160

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cognizance of and comply with all requirements set forth in the Federal Requirements, attached hereto as Exhibit “C”, and incorporated herein by this reference.

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

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

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

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

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

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

8. No Commitment to Award: Issuance of this RFP and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or part of this RFP.

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

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

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Publication Date of RFP: May 21, 2024
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EXHIBIT A

PROPOSED SCOPE OF SERVICES/SCHEDULE OF CHARGES
Structural Demolitions- removal of structure and foundation. There will be a 2 week notice given to the contractor for a site visit to determine scope of work, followed by a 24 hour notice/warrant given to start work. (must possess or have access to equipment necessary to complete work). The sizes and scope of work varies from project to project, which is why the site visit is necessary to plan for materials and equipment needed. The timeline to complete work varies as well, but generally 14 working days. Hours of service associated with work will be defined within the 24 hour notice/warrant. Proposer shall set an appointment and sign a waiver of liability prior to visiting the site.

DEMOLITION/ RENOVATION/ CLEAN-UP:

1. Notify SCAQMD, Underground Alert, (required agencies)

2. Obtain required permits from City/County

3. Obtain requirements for water usage.

4. Erosion control plan per City requirements (approved plan)

5. Demolish complete public nuisance, structure, entire parcel.

6. Removal of footings/ foundations (concrete/brick) associated with pre existing buildings (only)

7. Removal of all trash, boxes, debris, signs

8. Removal and clean-up of trash thru entire building site for disposal and transportation

9. Cap sewer at property lines

10. Final inspection permits
QUALIFICATIONS:

1. Mobilization of equipment

2. Equipment necessary to abate subject property.

3. Supervision and labor to complete subject property clean-up @ current prevailing wage rates

4. Transportation, disposal at approved landfill including receipts for Green waste policy plans.

5. Subject property to be left clean and clear of debris.

6. Safety Prevention Program OSHA compliance safety shoes, hard hats, safety glasses, etc. will always be utilized.

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PROPOSAL CHECKLIST
(as detailed in Chapter II. Request for Proposals, Section E. of the RFP) • Technical Proposal
● Executive Summary (E.1)
● Table of Contents (E.2)
● Identification of Proposer (E.3)
● Staffing Resources (e.g., Assigned Personnel experience) (E.4) ● Experience and Technical Competence (E.6)
● Proposed Method to Accomplish the Work (E.7)
● Litigation History (if any) (E.10)
● Other Information (pertinent to proposal) (E.11)
⮚ Completion of other similar projects;
⮚ Community involvement (if any);
⮚ Prior projects, agreements, involvement with the City (if any); ⮚ No Conflict-of-Interest statement.
● Certification of Proposal (E.12)
⮚ “The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.” ● Appendices (E.13)
● Statement of “No Deviations from RFP” (F.)
⮚ If proposer does not take any exceptions or deviations from the terms and conditions indicated in the agreement, then the proposer must indicate this information by making a statement within the proposal documents. • Fiscal Stability (E.5)
● Current report from any Commercial Credit Rating Service (e.g. Dunn & Bradstreet);
● Line of credit; or
● Financial Statement.
• Fee Proposal (E.8)
• Certificate of Insurance (E.9)
• Submittal Instructions: Electronic PDF file format via Planetbids on the date and time stated in the RFP. Please allow time for system to process your proposal. The City shall not be responsible for proposals that are not received on time. The City will not be responsible for and will not accept late bids due to slow internet connection, or incomplete transmissions.

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VENDOR QUOTE FORM
VENDOR NAME:

ADDRESS:

PHONE:

The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

Item No. Description Quantity Unit
Cost
Lump Sum
Amount
1 1 1 $____ ____
2 1 1
3 1 1
4 1 1
5 1 1
6 1 1
7 1 1
8 1 1
9 1 1
10 1 1
TOTAL VENDOR QUOTE $____ ____
Total Number of Additional Pages:

Should the proposer be requested to perform additional finance related services, please list the proposed positions and hourly rate:

Personnel Specify Exact Title of Position assigned Hourly Rate
Staff Manager (or similar) $________
Staff Associate (or similar) $________
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I hereby declare under penalty of perjury that the foregoing is true and correct.

Submitted By:________________________________________Title: _________________________________ (Authorized Representative Signature)
Print Name: __________________________________________
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CITY OF SAN BERNARDINO

NUISANCE ABATEMENT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] by and between the City of San Bernardino, a municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San Bernardino, State of California (“City”) and [***INSERT NAME***], a [***[INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain nuisance abatement services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing [***INSERT TYPE OF SERVICES***] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the [***INSERT NAME OF PROJECT***] project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the [***INSERT TYPE OF SERVICES***] nuisance abatement services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from [***INSERT START DATE***] to [***INSERT ENDING DATE***], unless earlier terminated as provided herein.

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[***INSERT THE FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one-year terms.***] Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

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

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

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

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

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

3.2.5 Contractor’s Representative. Contractor hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU’RE INCLUDING LD’S – DELETE OTHERWISE – DON’T SIMPLY INSERT $0; ALSO DELETE “AND LIQUIDATED DAMAGES” FROM TITLE OF SECTION ***]Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

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

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs Packet Page. 170
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any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

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

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

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake Packet Page. 171
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self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

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

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

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Packet Page. 172
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Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance. [***CITY RISK MANAGER TO REVIEW TO DETERMINE WHETHER REQUIREMENTS AND LIMITS ARE ACCEPTABLE***]

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

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

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

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security (Cyber), in a form and with insurance companies acceptable to City; and (5) Aviation and/or Drone Liability, in a form and with insurance companies acceptable to City. [***DELETE IF AVIATION LIABILITY IS NOT REQUIRED***]The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability:[***INSERT AMOUNT - TYPICALLY $2,000,000 MINIMUM; and $4,000,0000 aggregate. HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:[***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of [***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodily injury or disease; (4) Cyber Liability: :[***INSERT AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE/AGGREGATE; HOWEVER, Packet Page. 173
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AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or spread of malicious software code; (5) Aviation/Drone Liability: [***INSERT AMOUNT - TYPICALLY $1,000,000 PER OCCURRENCE LIMIT; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] for bodily injury and property damage.[***DELETE IF AVIATION LIABILITY NOT REQUIRED***] Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

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

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(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

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

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

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

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

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

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

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all Packet Page. 175
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insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

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

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

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

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

3.2.13 Bonds.
[***NOTE (READ AND DELETE THIS BLOCK BEFORE USING MODEL):

Some projects of more than $25,000 will require payment bonds by law. See generally Civil Code Section 9550 or speak to the City’s Purchasing Team or City Attorney***]

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

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or Packet Page. 176
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approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

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

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

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

3.2.15 Work Site.

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

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

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) without written approval of City’s [***INSERT TITLE***]. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, Packet Page. 178
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through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

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

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

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

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

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

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance Packet Page. 179
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monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

3.4 Termination of Agreement.

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

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

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

3.5 General Provisions.

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

Contractor:
[***INSERT NAME, ADDRESS & CONTACT PERSON***]
City:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT NAME & DEPARTMENT***]
With Copy To:

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

3.5.2 Indemnification.

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

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

3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is Packet Page. 181
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submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

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

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

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

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further Packet Page. 182
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agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

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

3.5.19 Federal Provisions.[***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE AND DELETE ASSOCIATED EXHIBIT. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT AGENCY COUNSEL IF NECESSARY***]When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR NUISANCE ABATEMENT SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

Packet Page. 184
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CITY OF SAN BERNARDINO
APPROVED BY:
[***INSERT NAME***],
[***INSERT TITLE***]
ATTESTED BY:
[***INSERT NAME***],
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
[***INSERT NAME OF CONTRACTOR***]
[IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND
SECRETARY OR TREASURER REQUIRED]
By:

Its:

Printed Name:
[DELETE THE FOLLOWING SIGNATURE LINE IF
NOT REQUIRED]
By:

Its:

Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
Packet Page. 185

EXHIBIT A
Exhibit A
Scope of Services
[***INSERT SCOPE***]
Packet Page. 186

EXHIBIT B
Exhibit B
Schedule of Services
[***INSERT SCHEDULE***]
Packet Page. 187

EXHIBIT C
Exhibit C
Compensation
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] [***SEE SECTION 3.2.13 ABOVE AND IF APPLICABLE, INSERT PERFORMANCE/PAYMENT BONDS ON THE NEXT PAGE; IF NOT REQUIRED, STATE THAT THEY ARE NOT REQUIRED***] Packet Page. 188

EXHIBIT C
[***INCLUDE THIS EXHIBIT (AND CORRESPONDING AGREEMENT PROVISION) ONLY IF APPLICABLE; DELETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT THE CITY ATTORNEY IF NECESSARY***] Exhibit D
Federal Requirements
[***INSERT ALL FORMS, PROVISIONS AND OTHER REQUIREMENTS OF THE FEDERAL FUNDING SOURCE***]
Packet Page. 189

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 20, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Gabriel Elliott, Director of Community Development &Housing Department: Community Development & Housing
Subject: Amendment No. 1 to the Motel Voucher Program
Professional Services Agreements with Anand Patel (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve Amendment No. 1 with Anand Patel (Pa-An, Inc., Namaste Sitiye Inc., and SB Hotel North LLC) for the provision of 130 motel rooms and 200 beds and extend the term of the agreements to December 31, 2026.

2. Authorize the City Manager or their designee to take further actions and execute any additional agreements or documents necessary to continue implementing the Emergency Shelter Program.

Executive Summary
The City of San Bernardino currently operates a Motel Voucher Program, which provides temporary shelter/interim housing to unhoused residents. The amendment extends the program's term through December 31, 2026, and expands the number of available rooms/beds through agreements with Anand Patel's motels (Pa-An, Inc., Namaste Sitiye Inc., and SB Hotel North LLC), following the cancellation of the City's contract with Century RSVP LLC. This expansion increases capacity to 130 motel rooms and 200 beds to ensure adequate shelter options and the timely expenditure of grant funding. Due to the lack of available shelter beds in the City, distributing motel vouchers will help keep people off the streets during the development and construction of SB HOPE Campus, the City's permanent navigation center. This amendment will allow the City to continue providing essential services to those in need during this transitional period.

Packet Page. 190
Background
The City of San Bernardino's Motel Voucher Program is a critical initiative designed to provide temporary shelter and supportive services to individuals experiencing homelessness. The program emerged from the City's comprehensive strategy to address the growing homelessness crisis through non-congregate shelter options, while working toward permanent solutions.

The development and implementation of the Motel Voucher Program has progressed through several key Council actions:
• October 27, 2022: The City hosted a Homeless Workshop that identified the critical need to increase shelter bed capacity for those experiencing homelessness. • December 7, 2022: The Mayor and City Council demonstrated their commitment to addressing homelessness by allocating $12.5 million in American Rescue Plan Act (ARPA) funding for the development and operation of a low-barrier, noncongregate Navigation Center. An additional $4.5 million in ARPA funding was approved to support the navigation center's operation.
• February 1, 2023: The City declared a Homelessness State of Emergency in response to the escalating crisis.
• May 17, 2023: The Mayor and City Council approved the Homelessness Declaration Implementation Plan, which emphasized the urgent need for emergency and interim shelters due to existing shelters operating at near-full capacity.
• July 19, 2023: The City Council amended $9,732,162 in Permanent Local Housing Allocation (PLHA) Funds of which $1,232,740.52 was reallocated to support interim shelter activities.
• August 16, 2023: The Mayor and City Council approved a Substantial Amendment to the FY 2020-2021 Annual Action Plan to reallocate $1,145,201 in Community Development Block Grant Coronavirus (CDBG-CV) funds. Funds are used to support interim shelter activities.
• September 11, 2023: The City released an initial Request for Proposal (RFP) seeking motel operators to participate in the Motel Voucher Program. Four proposals were received, with two motels located outside city limits. • December 6, 2023: The City Council formally approved the Motel Voucher Program, authorizing Professional Service Agreements with motel operators to provide interim shelter. Staff were specifically directed to seek local motel operators due to concerns about facilities outside city limits. The total amount of grant funding allocated to this program was $3,044,190. • December 6-22, 2023: An expedited RFP was issued and completed, resulting in the selection of Anand Patel's three local motels to provide access to 130 motel rooms and 200 beds.
• March 20, 2024: The City entered into agreements with Anand Patel for the use of three motels—Pa-An, Inc., Namaste Sitiye Inc., and SB Hotel North LLC—for a total of $2,751,840. Due to an ongoing injunction between the City and the ACLU, the program experienced several months of delay, ultimately launching on July 8, 2024. With the injunction now lifted, services are expected to increase significantly.

Packet Page. 191
Discussion
The Motel Voucher Program is a critical part of the City of San Bernardino’s emergency shelter strategy, providing immediate non-congregate lodging for individuals experiencing homelessness. While the City advances plans to establish the SB HOPE Campus—a permanent navigation center focused on long-term housing stability—the Motel Voucher Program continues to serve as a vital interim shelter option through partnerships with local motel operators. This amendment addresses the growing demand for emergency shelter and the recent cancellation of the City’s contract with Century RSVP LLC. It ensures the program’s sustained capacity of 130 rooms and 200 beds, extending its operational term through December 31, 2026.

Currently, the Motel Voucher Program operates with 107 rooms through partnerships with Anand Patel’s motels, including Pa-An, Inc., Namaste Sitiye Inc., and SB Hotel North LLC. Following the termination of the Century RSVP LLC contract, the City identified a gap in shelter capacity, prompting the need for additional room allocations.

In response, the City negotiated expanded room availability with Anand Patel’s motels, resulting in an amendment that increases the program’s capacity to 130 rooms and 200 beds and extends the term of service through December 31, 2026. This amendment not only addresses the service gap left by Century RSVP LLC but also supports the City Council’s previously approved funding for 200 beds, reinforcing the City’s homelessness response goals.

The Motel Voucher Program offers flexible stay durations, from one to twenty-eight days, based on individual needs assessed by the City’s outreach team. Extensions beyond 28 days may be granted for participants awaiting permanent housing placement. This amendment is crucial to sustaining the program’s shelter capacity and supports the City’s short-term and long-term homelessness strategies. By increasing the available rooms and extending the program’s duration, the City reaffirms its commitment to providing immediate shelter options while moving forward with the development of the SB HOPE Campus.

Emergency Shelter Program Funding Allocation
The City has allocated $2,751,840 for the Motel Voucher Program, sourced from the following funding streams:

Permanent Local Housing Allocation (PLHA): $1,237,939
Community Development Block Grant Coronavirus Relief (CDBG-CV): $540,401 American Rescue Plan Act (ARPA): $973,500
This funding allocation allows the emergency shelter program to operate within the approved budget, ensuring financial compliance through the extended term ending December 31, 2026.

Extension of Program Agreements to December 2026
Packet Page. 192
Extending the term to December 31, 2026, aligns with ARPA, CDBG-CV, and PLHA funding requirements and enables continued support for individuals experiencing homelessness. This extension provides flexibility for managing potential delays or overflow as the SB HOPE Campus nears completion.

The Motel Voucher Program continues to serve as a vital bridge solution, providing essential shelter services to homeless individuals during the development and construction of the SB Hope Campus.

Supportive Services and Basic Needs Assistance
Following the cancellation of the City’s agreement with Century RSVP LLC, $604,800 in Community Development Block Grant Coronavirus (CDBG-CV) funding will be reallocated to establish a food assistance program. This program will align with CDBGCV guidelines under public services (24 CFR 570.201(e)), addressing food insecurity among eligible participants in the Motel Voucher Program who meet HUD’s homeless definition under 24 CFR 578.3. The City will issue a Request for Proposals (RFP) to select a vendor to distribute restricted-use food assistance cards to qualified participants, ensuring compliance with CDBG regulations and federal procurement standards under 2 CFR 200.318–200.327.
2021-2025 Strategic Targets and Goals
The request to approve the Subrecipient Agreements aligns with Strategic Target No. 3: Improved Quality of Life by reducing the burden of homelessness through enjoyment, collaboration, and partnership with other entities.

Fiscal Impact
There is no impact on the General Fund. This program is funded with ARPA, PLHA, and CDBG-CV funds.

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

2. Authorize the City Manager or their designee to take further actions and execute any additional agreements or documents necessary to continue implementing the Emergency Shelter Program.

Attachments
Attachment 1 Amendment #1 to Professional Services Agreement with PA-AN Inc. (Studio 6 Suites)
Attachment 2 Amendment #1 to Professional Services Agreement with Namaste Sitiye Inc. (Rodeway Inn)
Packet Page. 193
Attachment 3 Amendment #1 to Professional Services Agreement with SB Motel North LLC (Motel 6 North)
Attachment 4 Professional Services Agreement with PA-AN Inc. (Studio 6 Suites) Attachment 5 Professional Services Agreement with Namaste Sitiye Inc. (Rodeway Inn)
Attachment 6 Professional Services Agreement with SB Motel North LLC (Motel 6 North)
Ward
All Wards
Synopsis of Previous Council Actions
August 4, 2021 Mayor and City Council received a report and discussed the allocation of ARPA Funds.

December 7, 2022 Mayor and City Council approved a Homelessness Solutions Action Plan, and $24.5 million in ARPA funds to help mitigate homelessness.

February 1. 2023 Mayor and City Council declared a Homelessness State of Emergency.

May 17, 2023 Mayor and City Council approved a Homelessness State of Emergency Implementation Plan.

July 19, 2023 Mayor and City Council approved an Amendment to Permanent Local Housing Allocation Funds to assist
individuals experiencing homelessness.

December 6, 2023 Mayor and City Council approved a Motel Voucher Program and authorized Professional Service Agreements with motel operators to provide interim shelter
March 6, 2024 Mayor and City Council approved the Emergency Shelter Program with Anand Patel in the amount of $2,751,840 while reallocating unspent PLHA funds in the amount of $327,591.

Packet Page. 194
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
WITH PA-AN INC.

This Amendment No. 1 to the Professional Services Agreement dated March 6, 2024 ("Agreement") is made and entered into as of this 20th day of November 2024, by and between the City of San Bernardino, a charter city and municipal corporation ("City"), and Pa-An Inc. (Studio 6 Suites) ("Owner"). City and Owner are sometimes referred to herein individually as a "Party" and collectively as the "Parties."

RECITALS
A. WHEREAS, City and Owner entered into the Agreement on March 6, 2024, to provide motel rooms for the Emergency Shelter Program.

B. WHEREAS, on December 7, 2022, City Council allocated $12.5 million in American Rescue Plan Act (ARPA) funding for homeless services with $4.5 million specifically designated for operating a low-barrier Navigation Center.

C. WHEREAS, on February 1, 2023, the City declared a Homelessness State of Emergency, followed by the approval of an Implementation Plan on May 17, 2023. This plan highlighted the urgent need for emergency and interim shelters due to the near-full capacity of existing shelters.

D. WHEREAS, on July 19, 2023, the City Council amended Permanent Local Housing Allocation Funds and, on August 16, 2023, approved a Substantial Amendment to the FY 2020-2021 Annual Action Plan, reallocating CDBG-CV funds to support interim shelter activities.

E. WHEREAS, on December 6, 2023, the City Council formally approved the Motel Voucher Program, authorizing Professional Service Agreements with motel operators to provide interim shelter. In addition, staff were directed to seek local motel operators due to concerns about facilities outside city limits.

F. WHEREAS, on March 6, 2024, the City entered into agreements with three motels—Pa-An, Inc., Namaste Sitiye Inc., and SB Hotel North LLC—for $2,751,840.

G. WHEREAS, on April 19, 2024, the City canceled the Professional Services Agreement (PSA) with Century RSVP, LLC via email. The decision followed multiple requests and reminders for proper documentation to complete the agreement and concerns over the program's lack of ADA compliance.

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
Packet Page. 195

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

2. Amendment to Term of Agreement. Section 1.7 of Exhibit 1 of the original Agreement is hereby amended in its entirety to read as follows:
“1.7 Term. The term of this Agreement (“Term”) shall commence on the date on which the City Clerk of San Bernardino attests this Agreement and shall expire on December 31, 2026, unless the Term is extended or terminated earlier pursuant to provisions of this Agreement. City shall have one (1) option to extend the Term for a period of six (6) months, commencing on the first day following the expiration of the Term. In order to exercise the option, City must give written notice to Owner of such exercise no later than thirty (30) days before the expiration of the Term. Notwithstanding any other provision herein, City shall have the unilateral right to terminate this Agreement at any time for any or no reason upon thirty (30) days’ written notice to Owner. City shall have no obligation to pay for any charges incurred after this Agreement’s expiration or termination. Expiration or termination of this Agreement shall have no effect on City’s obligation to pay for charges properly incurred during the Term hereof.”

3. Amendment of Rates Schedule. Exhibit B of the original Agreement is hereby amended in its entirety to reflect the new allocation of rooms and budget for this motel as follows:
“Exhibit B
Rates Schedule
1 20 70 10 80 30 $ 42,000.00 $ 24,000.00 $ 66,000.00
2 20 70 10 80 30 $ 42,000.00 $ 24,000.00 $ 66,000.00
3 20 70 10 80 30 $ 42,000.00 $ 24,000.00 $ 66,000.00
4 20 70 10 80 30 $ 42,000.00 $ 24,000.00 $ 66,000.00
5 20 70 10 80 30 $ 42,000.00 $ 24,000.00 $ 66,000.00
6 20 70 10 80 30 $ 42,000.00 $ 24,000.00 $ 66,000.00
7 20 70 10 80 30 $ 42,000.00 $ 24,000.00 $ 66,000.00
8 20 70 10 80 30 $ 42,000.00 $ 24,000.00 $ 66,000.00
9 20 70 10 80 30 $ 42,000.00 $ 24,000.00 $ 66,000.00
10 20 70 10 80 30 $ 42,000.00 $ 24,000.00 $ 66,000.00
11 20 70 10 80 4 $ 5,600.00 $ 3,200.00 $ 8,800.00
12 20 70 10 80 0 $ - $ - $ -
$ 668,800.00
$668,640
Cost of Single
Rooms Per
Month
Cost of Double
Rooms Per
Month
Program Cost
Per Month
NOT TO EXCEED TOTAL ANNUAL AMOUNT:

Studio 6 Suites (Updated Rate Schedule)
Month
Number
of Single
Rooms
RATE 1
Number
of Double
Rooms
RATE 2 Nights
Packet Page. 196
a. Permanent Local Housing Fund Allocation: $229,939
b. Community Development Block Grant Coronavirus: $438,701 Total Number of Single Rooms: 20
Total Number of Double Rooms: 10
Total Number of Beds: 40”

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the original Agreement shall remain in full force and effect.

5. 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 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original and together which shall constitute one and the same Amendment No. 1.

Packet Page. 197

SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PA-AN INC.

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

CITY OF SAN BERNARDINO OWNER
APPROVED BY: PA-AN INC.

Rochelle Clayton APPROVED BY:

Acting City Manager
Andy Patel
Owner
APPROVED AS TO FORM:

Best Best & Krieger LLP
Packet Page. 198
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

WITH NAMASTE SITIYE INC
This Amendment No. 1 to the Professional Services Agreement dated March 6, 2024 ("Agreement") is made and entered into as of this 20th day of November 2024, by and between the City of San Bernardino, a charter city and municipal corporation ("City"), and Namaste Sitiye Inc (Rodeway Inn) ("Owner"). City and Owner are sometimes referred to herein individually as a "Party" and collectively as the "Parties."

RECITALS
A. WHEREAS, City and Owner entered into the Agreement on March 6, 2024, to provide motel rooms for the Emergency Shelter Program.

F. WHEREAS, on March 6, 2024, the City entered into agreements with three motels—Pa-An, Inc., Namaste Sitiye Inc, and SB Hotel North LLC—for $2,751,840.

AGREEMENT
Packet Page. 199

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

2. Amendment to Term of Agreement. Section 1.7 of Exhibit 1 of the original Agreement is hereby amended in its entirety to read as follows:
“1.7. Term. The term of this Agreement (“Term”) shall commence on the date on which the City Clerk of San Bernardino attests this Agreement and shall expire on December 31, 2026, unless the Term is extended or terminated earlier pursuant to provisions of this Agreement. City shall have one (1) option to extend the Term for a period of six (6) months, commencing on the first day following the expiration of the Term. In order to exercise the option, City must give written notice to Owner of such exercise no later than thirty (30) days before the expiration of the Term. Notwithstanding any other provision herein, City shall have the unilateral right to terminate this Agreement at any time for any or no reason upon thirty (30) days’ written notice to Owner. City shall have no obligation to pay for any charges incurred after this Agreement’s expiration or termination. Expiration or termination of this Agreement shall have no effect on City’s obligation to pay for charges properly incurred during the Term hereof.”

3. Amendment of Rates Schedule. Exhibit B of the original Agreement is hereby amended in its entirety to reflect the new allocation of rooms and budget for this motel as follows:
“Exhibit B
Rates Schedule
1 20 70 20 80 30 $ 42,000.00 $ 48,000.00 $ 90,000.00
2 20 70 20 80 30 $ 42,000.00 $ 48,000.00 $ 90,000.00
3 20 70 20 80 30 $ 42,000.00 $ 48,000.00 $ 90,000.00
4 20 70 20 80 30 $ 42,000.00 $ 48,000.00 $ 90,000.00
5 20 70 20 80 30 $ 42,000.00 $ 48,000.00 $ 90,000.00
6 20 70 20 80 30 $ 42,000.00 $ 48,000.00 $ 90,000.00
7 20 70 20 80 30 $ 42,000.00 $ 48,000.00 $ 90,000.00
8 20 70 20 80 30 $ 42,000.00 $ 48,000.00 $ 90,000.00
9 20 70 20 80 30 $ 42,000.00 $ 48,000.00 $ 90,000.00
10 20 70 20 80 30 $ 42,000.00 $ 48,000.00 $ 90,000.00
11 20 70 20 80 30 $ 42,000.00 $ 48,000.00 $ 90,000.00
12 20 70 20 80 6 $ 8,400.00 $ 9,600.00 $ 18,000.00
$1,008,000.00
$1,008,000
Program Cost
Per Month
NOT TO EXCEED TOTAL ANNUAL AMOUNT:

Nights
Cost of Single
Rooms Per
Cost of Double
Rooms/Month
Rodeway Inn (Updated Rate)
Month
Number
of Single
RATE 1
Number
of Double
RATE 2
Packet Page. 200
Permanent Local Housing Fund Allocation: $1,008,00
Total Number of Single Rooms: 20
Total Number of Double Rooms: 20
Total Number of Beds: 60

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the original Agreement shall remain in full force and effect.

6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original and together which shall constitute one and the same Amendment No. 1.

Packet Page. 201

SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH

NAMASTE SITIYE INC
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO OWNER
APPROVED BY: NAMASTE SITIYE INC
Rochelle Clayton APPROVED BY:

Acting City Manager
Andy Patel
Owner
APPROVED AS TO FORM:

Best Best & Krieger LLP
Packet Page. 202
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

WITH SB MOTEL NORTH LLC
This Amendment No. 1 to the Professional Services Agreement dated March 6, 2024 ("Agreement") is made and entered into as of this 20th day of November 2024, by and between the City of San Bernardino, a charter city and municipal corporation ("City"), and SB Motel North LLC (Motel 6 North) ("Owner"). City and Owner are sometimes referred to herein individually as a "Party" and collectively as the "Parties."

RECITALS
A. WHEREAS, City and Owner entered into the Agreement on March 6, 2024, to provide motel rooms for the Emergency Shelter Program.

F. WHEREAS, on March 6, 2024, the City entered into agreements with three motels—Pa-An, Inc., Namaste Sitiye Inc., and SB Hotel North LLC—for $2,751,840.

AGREEMENT
Packet Page. 203

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

3. Amendment of Rates Schedule. Exhibit B of the original Agreement is hereby amended in its entirety to reflect the new allocation of rooms and budget for this motel as follows:
“Exhibit B
Rates Schedule
a. American Rescue Plan Act: $973,500
b. Community Development Block Grant Coronavirus: $101,700 1 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.00
2 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.00
3 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.00
4 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.00
5 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.00
6 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.00
7 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.00
8 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.00
9 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.00
10 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.00
11 20 70 40 80 30 $ 42,000.00 $ 96,000.00 $ 96,000.00
12 20 70 40 80 6 $ 8,400.00 $ 19,200.00 $ 19,200.00
$1,075,200.00
$1,075,200
Nights
Cost of Single
Rooms Per
Cost of Double
Rooms Per
Program Cost
Per Month
NOT TO EXCEED TOTAL ANNUAL AMOUNT:

Motel 6 (Updated Rate)
Month
Number
of Single
RATE 1
Number
of Double
RATE 2
Packet Page. 204
Total Number of Single Rooms: 20
Total Number of Double Rooms: 40
Total Number of Beds: 100”

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the original Agreement shall remain in full force and effect.

6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original and together which shall constitute one and the same Amendment No. 1.

Packet Page. 205

SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SB

MOTEL NORTH LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO OWNER
APPROVED BY: SB MOTEL NORTH LLC
Rochelle Clayton APPROVED BY:

Acting City Manager
Andy Patel
Owner
APPROVED AS TO FORM:

Best Best & Krieger LLP
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 20, 2024
To: Honorable Mayor and City Council Members
From: Rochelle CLayton, Acting City Manager;
Kenneth Chapa, Director of Economic Development
Department: Economic Development
Subject: Resolution Declaring Intent to Conduct Public Hearing to Order Street Vacation (15.30-442), of a Portion of Iola Place, East of North “D” Street and North of West
Baseline Street, and the Reservation of Utilities Therein (Ward 2)
Recommendation:

Adopt Resolution No. 2024-222 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a portion of Iola Place east of North “D” Street and north of West Baseline Street, and reservation of utilities therein.

Executive Summary
A petition to vacate a portion of Iola Place, containing approximately 3,242 square feet of right-of-way, was received on March 22, 2024, from GGF III, LLC, owner of adjacent properties located east of North “D” Street and north of West Baseline Street (APNs:
0145-244-22, 0145-244-21). The proposed street vacation will terminate the public right-of-way area, formally known as the eastern end of Iola Place, to the applicant.

The applicant intends to maintain this former right-of-way area as a part of the overall site plan.

Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting of Packet Page. 360
notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.

A petition to vacate a portion of Iola Place was received on March 22, 2024, from GGF III, LLC, owner of properties located on the eastern side of the intersection of north “D” Street and north of West Baseline Street (APNs: 0145-244-22, 0145-244-21). The stated reason for the petition to vacate this portion of the street is to allow for future commercial development, enabling the applicant to enhance property management and security measures to deter the expansion of homeless encampments. The proposed vacation will create a safer and more welcoming environment for the surrounding community, including patrons, residents, and nearby schools.

On September 18, 2024, the Mayor and City Council authorized staff to proceed with an investigation and analysis, as required by SHC, to vacate this portion of Iola Place.

On September 25, 2024, notices were sent out to City Departments including Public Works and San Bernardino County Fire, and utility providers including the City of San Bernardino Municipal Water Department and So Cal Gas, informing them of the proposed street vacation. Staff has not received requests to reserve utility easements relative to the proposed vacation area.

Discussion
The Resolution will set the date, time, and place of the public hearing as January 15, 2025, at 5:00PM at 555 West 6th Street, San Bernardino, California in the Council Chambers. At that time, interested parties may present comments or evidence to the Mayor and City Council regarding the proposed street vacation. The Resolution of Intention will also direct staff to publish notices of the public hearing in the newspaper, as well as positing notices along the proposed street vacation as required by the SHC sections 8322 and 8323.

Following the public hearing, staff will present, for the Mayor and City Council’s Consideration, a Resolution Ordering the Real Property Street Vacation 15-30-442, with reservation of utility easements therein, adopting a Categorical Exemption for the street vacation, and make a final order of vacation for a portion of Iola Place as described in Real Property Street Vacation No. 15.30-442.

The property vacation proceedings are not completed until the Resolution making the final order for Real Property Street Vacation No. 15.30-442 has been recorded with the San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to SHC section 8324, the resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation is not recorded until the conditions have been satisfied.

Packet Page. 361
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right-of-way.

Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $1,020 in fees to cover the administrative costs associated with Street Vacation 15.30-442. The applicant will incur an additional $1,020 in fees once the Public Hearing date has been approved.

Conclusion
Adopt Resolution No. 2024-222 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a portion of Iola Place east of North ”D” Street and north of West Baseline Street and reservation of utilities therein.

Attachments
Attachment 1 – Resolution No. 2024-222
Attachment 2 – Exhibit A – Legal Description
Attachment 3 – Exhibit B – Plat Map
Attachment 4 - Aerial Map
Ward:

Second Ward
Synopsis of Previous Council Actions:

September 18, 2024 The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a portion of Iola Place east of north “D” Street, and reservation of utilities therein.

Packet Page. 362
Resolution No. 2024-222
Resolution 2024-222
November 22, 2024

Page 1 of 3 ends

Mayor and City CouncilNovember 20, 2024

Mayor and City Council
November 20, 2024