Agenda packet — Mayor and City Council, March 5, 2025 (part 1 of 4)

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, MARCH 05, 2025
3:30 PM CLOSED SESSION 5:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • 555 W 6TH ST, SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Helen Tran Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 7
MAYOR
Bill Gallardo

INTERIM CITY MANAGER
Sonia Carvalho

CITY ATTORNEY
Genoveva Rocha

CITY CLERK
Theodore Sanchez
COUNCIL MEMBER, WARD 1
Sandra Ibarra
COUNCIL MEMBER, WARD 2
Juan Figueroa
MAYOR PRO-TEM, WARD 3
Fred Shorett
COUNCIL MEMBER, WARD 4
Kim Knaus
COUNCIL MEMBER, WARD 5
Mario Flores
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
Mayor Pro Tem, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Kim Knaus
Council Member, Ward 6 Mario Flores
Council Member, Ward 7 Dr. Treasure Ortiz
Mayor Helen Tran
Interim City Manager Bill Gallardo
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha

3:30 P.M.

CLOSED SESSION PUBLIC COMMENT

CLOSED SESSION p.11

A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(a) and (d)(1):
i) Garth Pezant, Sr. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2123266
ii) Jessica Weeda v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2015946
iii) Tamika Tate, et al. v. City of San Bernardino, et al., United States District Court Case No. 2:24cv02331

B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION (Pursuant to Government Code Section 54956.9(d)(2)): 4 Cases

C) PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS
Titles: City Attorney, City Clerk

D) PUBLIC EMPLOYEE EVALUATION
Title: Interim City Manager – (Goal Setting)

E) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):

Agency Designated Representative: City Manager or Designee Employee Organization: General Unit – Teamsters Local 1932, Management Confidential Group – SBCMA, Mid Management Unit – Teamsters Local 1932, Police Dispatch Unit – SBPDA, Police General Unit – AFSCME District Council 36, Police Management Unit – PMA and Police Safety Unit SBPOA

Mayor and City Council of the City of San Bernardino Page 3 5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PRESENTATIONS

1. Proclamation for Women’s History Month in the City of San Bernardino – March 2025 (All Wards) p.12

CITY MANAGER UPDATE

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA

CONSENT CALENDAR

2. Approval of a $600,000 General Fund Allocation for Rapid Rehousing Services (All Wards) p.14
Recommendation:

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

1. Approve Resolution No. 2025258 to amend the FY 2024/2025 Operating Budget, authorizing the allocation of $600,000 from the General Fund’s fund balance for Rapid Rehousing Services.

2. Approve The Salvation Army as the single source provider for Rapid Rehousing Services, based on their expertise and established infrastructure.

3. Authorize the City Manager or designee to execute a Professional Services Agreement (PSA) with The Salvation Army for the Rapid Rehousing Program, including any necessary amendments, extensions, or related documents.

3. Adoption of Ordinance No. MC1648 Development Code Amendment 2406 (All Wards) p.54
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC1648, approving Development Code Amendment 2406 which amends Chapter 19.02.050 (Basic ProvisionsDefinitions) and updates the City of San Bernardino Development Code (SBMC Title 19) definitions for Neighborhood Grocery Stores/Supermarkets to align with state and industry standards; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2).

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

4. Adoption of Ordinance No. MC1650 (Annexation 49 ) – Watt EV (Ward 3) p. 61 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC1650 amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 20242025 to pay the annual costs of the maintenance and servicing of lighting, streets, trails and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services).

5. Adoption of Ordinance No. MC1649 (Annexation 50) Chipotle (Ward 1) p.71 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC1649 amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 20242025 to pay the annual costs of the maintenance and servicing of landscaping, lighting, streets, drainage and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services).

6. Investment Portfolio Report for December 2024 (All Wards) p.81 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 December 2024.

7. Approval of a Purchase Order with TMobile for Wireless Voice and Data Services (All Wards) p.114
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 execute a purchase order and execute related documents for Fiscal Year 202425 in the amount of $180,000 to TMobile utilizing pricing and general terms established in the State of California Participating Addendum #PA2022WDVTMUS to the NASPO Value Point Master Agreement #MA176 for Wireless Data, Voice, and Accessories.

2. Authorize the City Manager or designee to utilize any future NASPO negotiated agreement, or amended existing contract agreement, to execute additional purchase orders in accordance with the Council approved budgeted amount through the NASPO’s agreement’s expiration. This authorization includes the ability to add additional lines as needed for personnel changes.

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

8. Accept Donation and Budget Amendments (All Wards) p.387 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025259:

1. Accepting funding of $4,814.78 from the Inland Library System (ILS).

2. Authorizing the Interim Director of Finance and Management Services to amend the FY 2024/25 Adopted Budget for the Library including $4,814.78 in both revenues and expenditures.

9. Execute a Memorandum of Understanding for Policing Services with Rialto Unified School District (All Wards) p.395
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025260, authorizing:

1. The City Manager to execute a Memorandum of Understanding with Rialto Unified School District for Policing Services beginning March 1, 2025, through June 30, 2028.

2. The Director of Finance and Management Services to amend the FY 2024/25 operating budget for the amount of $47,041 in both revenue and expenditures.

3. The Police Department to increase staffing by one (1) Police Officer position.

DISCUSSION

10. Exclusive Negotiating Agreement (ENA) with JHC Acquisitions LLC for the Development of Surplus Land Act Site 12 for Affordable Housing (Ward 6) p.447
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025262:

1. Approving the Exclusive Negotiating Agreement (ENA) between the City of San Bernardino and JHC Acquisitions LLC, an affiliate of Jamboree Housing Corporation, a California nonprofit public benefit corporation, for the development of approximately 3.5 acres of cityowned surplus land, known as site 12, for affordable housing; and

2. Authorizing the City Manager, Deputy City Manager, or designee to execute the ENA, along with any subsequent amendments, extensions, and other necessary documents to complete the transaction.

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

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 March 19, 2025 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California , 92410. 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 7

CERTIFICATION OF POSTING AGENDA

I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the March 5, 2025, 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, 92410, and on the City's website sbcity.org on Friday, February 28, 2025.

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 8 NOTICE:

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

Public Comments and Testimony:

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

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

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

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

Rule 5. Time Limits:

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

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

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

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 10 ALTERNATE MEETING VIEWING METHOD:

If there are any technical issues with the live stream or recording from the main agenda portal or if you require an option with Closed Captioning, you may view the meeting from the following location (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 2:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. 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 2:00 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

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.”

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CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: March 5, 2025
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney; Bill Gallardo, Interim City Manager Department: City Attorney
Subject: Closed Session
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i) Garth Pezant, Sr. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2123266
ii) Jessica Weeda v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2015946
iii)Tamika Tate, et al. v. City of San Bernardino, et al., United States District Court Case No. 2:24-cv-02331
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION (Pursuant to Government Code Section 54956.9(d)(2)): 4 Cases

C) PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS
Titles: City Attorney, City Clerk

D) PUBLIC EMPLOYEE EVALUATION
Title: Interim City Manager – (Goal Setting)
E) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):

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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: March 5, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Women’s History Month in the City of San Bernardino – March 2025 (All Wards)

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A PROCLAMATION OF

THE MAYOR AND CITY COUNCIL
PROCLAIMING MARCH 2025, AS
WOMEN’S HISTORY MONTH

IN THE CITY OF SAN BERNARDINO

WHEREAS, throughout history, women have played a vital role in shaping our society, making invaluable contributions to culture, politics, science, education, and business, often overcoming significant obstacles to achieve success; and

WHEREAS, the City of San Bernardino recognizes the importance of Women's History Month as a time to honor the pioneering spirit and remarkable achievements of women who have paved the way for future generations; and

WHEREAS, women in San Bernardino have been instrumental in driving positive change in our community, from advocating for equal rights to leading initiatives that promote economic growth, social justice, and civic engagement; and

WHEREAS, the City of San Bernardino celebrates the impactful work of The LOVE Program, a nonprofit dedicated to empowering at-risk young women of color through mentorship, leadership development, and job readiness training, ensuring they have the support and resources needed to succeed; and

WHEREAS, The LOVE Program has made significant strides in uplifting young women in the City of San Bernardino, fostering self-development, self-awareness, and career advancement, thereby strengthening the foundation of our community; and

WHEREAS, The LOVE Program also leads a Human Trafficking Taskforce that meets monthly in the City of San Bernardino, working to raise awareness, provide support to survivors, and combat exploitation in our community; and

WHEREAS, the month of March is designated as Women’s History Month, providing an opportunity to reflect on the progress made and to acknowledge the challenges that remain in the pursuit of gender equality and empowerment; and

WHEREAS, we celebrate the diverse accomplishments of women in all fields and reaffirm our commitment to supporting policies and initiatives that uplift women and ensure they have access to opportunities that foster success; and

NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Council of San Bernardino do hereby proclaim March 2025, as Women’s History Month in the City of San Bernardino and recognize the outstanding contributions of The LOVE Program in empowering young women. We encourage all citizens to support and celebrate the significant work being done to inspire and uplift future generations.

Presented on the 5
th day of March 2025

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 5, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Approval of a $600,000 General Fund Allocation for Rapid Rehousing Services (All Wards)
Recommendation:

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

1. Approve Resolution No. 2025-258 to amend the FY 2024/2025 Operating Budget, authorizing the allocation of $600,000 from the General Fund’s fund balance for Rapid Rehousing Services.

2. Approve The Salvation Army as the single-source provider for Rapid Rehousing Services, based on their expertise and established infrastructure.

Executive Summary
The City of San Bernardino proposes allocating $600,000 from the General Fund’s fund balance, to establish a Rapid Rehousing Program in partnership with The Salvation Army.

This program is designed to provide financial assistance, housing navigation, and case management services to a minimum of 70 households experiencing homelessness. By leveraging The Salvation Army’s expertise and established infrastructure, the program will accelerate housing transitions and prevent returns to homelessness. The program aligns with the City’s strategic objectives to combat homelessness, reduce reliance on temporary shelter programs, and support unhoused individuals and families in achieving long-term housing stability.

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Background
On September 4, 2024, the Mayor and City Council reaffirmed the Homelessness State of Emergency, emphasizing the City’s commitment to addressing homelessness through innovative and sustainable strategies. Subsequently, the City’s Motel Voucher Program experienced increased participation due to the resumption of encampment clean-ups, further straining temporary housing resources.

The City recently had a Preliminary Injunction lifted, which previously prevented it from conducting homeless encampment clean-ups. As part of the Preliminary Injunction Agreement, the City consented to invest $600,000 into new homeless programs over the next two years. Staff has identified Rapid Rehousing as a best practice approach and critical intervention tool to transition individuals and families from motels into permanent housing. The Salvation Army was selected as the sole provider based on its proven track record, existing outreach framework, and ability to deliver immediate results under the proposed $600,000 allocation.

The funding allocation and service agreement will enable The Salvation Army to:
•Provide direct financial assistance, including rental support, utility deposits, and security deposits.
•Deliver case management services focused on housing navigation and self- sufficiency planning.
•Maintain compliance with federal, state, and local regulations through robust reporting and performance tracking systems.

Discussion
The City is creating a new Rapid Rehousing Program to address the urgent need for permanent housing solutions and alleviate the strain on the City’s homelessness resources. The establishment of a new city-wide Rapid Rehousing (RRH) program will improve pathways to permanent housing for unhoused residents, and it will also meet stipulations outlined in the ACLU lawsuit that states the following:
“In Lieu of additional attorney fees, within two (2) years the City will reinvest six-hundred thousand dollars and zero cents in a new City Homelessness Program.

This Rapid Rehousing initiative, funded by $600,000 from General Fund, fund balance, represents a cost-effective, evidence-based approach to transition individuals and families experiencing homelessness into permanent housing while providing critical support services to ensure long-term stability.

The Salvation Army’s current role as the City’s sole homeless outreach provider uniquely positions it to implement this program effectively and efficiently. Its established expertise in Rapid Rehousing, demonstrated through successful partnerships in cities such as San Diego, Moreno Valley, and Redlands, ensures seamless integration with the City’s existing homeless outreach services.

Additionally, their familiarity with the local unhoused population, particularly individuals engaged in the City’s Motel Voucher Program, equips The Salvation Army to identify and support eligible participants quickly. Without leveraging The Salvation Army’s

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established framework, individuals would face prolonged stays in motels, reduce available resources for new participants and exacerbate the City’s homelessness crisis.

The $600,000 in Rapid Rehousing Funds will go towards program administration and implementation covering the following core components:

Administration (10% of Budget)
Administrative Costs
oEligible Activities: Allowable costs for program administration, capped at 10% of the total program budget.
oRequired Documentation: Itemized records or invoices for administrative expenditures.
oBilling Frequency: Monthly
Case Management and Support Services:
oHousing navigation, including landlord engagement and addressing rental barriers.
oIndividualized self-sufficiency planning to support long-term housing retention.

Program Metrics and Outcomes:
oServe at least 70 households, prioritizing individuals and families currently residing in motels or experiencing literal homelessness. oAchieve a minimum 85% success rate in transitioning participants to permanent housing.
oReduce recidivism rates through targeted supportive services.

Reconciliation Reporting
oRequired Reporting:
▪Services delivered during the billing period, including housing placements, financial assistance, and supportive services provided to participants.
▪Expenditures categorized by eligible activities, such as rent, security deposits, and utility assistance.

Implementation (90% of Budget)
Rental Assistance:
oEligible Activities: Payments for rent on behalf of participants transitioning to permanent housing for up to six months.
oRequired Documentation: Copies of rental agreements, payment receipts, or proof of direct payments to landlords.
oBilling Frequency: Monthly
oFunding to assist participants in meeting eligibility requirements for rental agreements
Security Deposits
oEligible Activities: One-time payments for security deposits to secure housing. oRequired Documentation: Proof of payment for deposits (e.g., receipts, transaction records).

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oBilling Frequency: Monthly.

Utility Assistance
oEligible Activities: Payments for utility deposits.
oRequired Documentation: Invoices or payment receipts from utility companies. oBilling Frequency: Monthly
Rapid rehousing will only be utilized for those with income (i.e., work, entitlements, pensions, VA benefits) who can sustain themselves after rapid rehousing services have ended. A Single Source Justification substantiated the Salvation Army’s expertise and capacity to implement this program. Immediate action is essential to meet the City’s obligations under the Homelessness State of Emergency and maintain motel room availability for new participants. If approved by the Council, this program is set to terminate on December 31, 2026, which is the sunset of the ARPA funding used to pay the Salvation Army for Homeless Street Outreach. If the program proves successful, staff will search for other available funds to renew the program.

Mayor, City Council, and City Manager Goals and Objectives This program directly supports Strategic Target No. 3: Improved Quality of Life by reducing homelessness and its associated impacts, enhancing access to permanent housing solutions, and promoting community well-being through targeted service delivery.

Fiscal Impact
This initiative will allocate $600,000 from the General Fund for FY 2024/2025 to support Rapid Rehousing Services, including rental subsidies, supportive services, case management, and administrative costs.

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

1. Approve Resolution No. 2025-258 to amend the FY 2024/2025 Operating Budget, authorizing the allocation of $600,000 from the General Fund, fund balance for Rapid Rehousing Services.

2. Approve The Salvation Army as the single-source provider for Rapid Rehousing Services, based on their expertise and established infrastructure.

Attachments
Attachment 1 Rapid Rehousing PSA with The Salvation Army Attachment 2 Resolution No. 2025-258
Attachment 3 Single Source Justification Form

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Ward:

All Wards
Synopsis of Previous Council Actions:

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

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: The Mayor and City Council reaffirmed the Homelessness State of Emergency, focusing on
addressing homelessness through innovative
strategies and expanding resources.

December 18, 2024 Mayor and City Council approved a Professional Service Agreement with the Salvation Army for
homeless outreach services.
. .

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PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND THE SALVATION ARMY
(RAPID REHOUSING/GENERAL FUND $600K)
This Agreement is made and entered into as of March 5, 2025, 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 The Salvation Army, a California nonprofit corporation with its local place of business at 925 West 10th Street, San Bernardino, CA (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:

RAPID REHOUSING SERVICES (hereinafter referred to as “the Project”).

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

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

D. The Consultant agrees to assist individuals and families experiencing homelessness or at risk of homelessness in accessing appropriate supportive services, including but not limited to: rapid rehousing assistance, relocation and stabilization services, temporary and permanent housing solutions, and other essential services that promote housing stability and independent living. The Consultant will also facilitate connections to available federal, state, local, and private resources for eligible individuals within the City of San Bernardino, in accordance with the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

1. Incorporation of Recitals and Effective Date. The recitals above are true and correct and are hereby incorporated herein by this reference. The Effective Date shall be that date after this Agreement is both approved by the City Council and fully executed by the Parties.

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

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reference.

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

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B” and incorporated herein by this reference.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Six Hundred Thousand Dollars ($600,000.) This amount is to cover all related costs, and the City will not pay any additional fees or 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 the 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 provided for completion of tasks. Reimbursement shall only be provided for those expenses identified in Exhibit “B”. 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.
c. The reimbursement process for the Rapid Rehousing program is designed to ensure compliance with federal and state regulations, transparency in the use of allocated funds, and alignment with the approved budget categories, as outlined in 2 CFR Part 200. All expenses must adhere to the federal principles of allowability (§200.403), allocability (§200.405), and reasonableness (§200.404), ensuring that costs are necessary, directly benefit the program, and are justifiable based on prevailing market conditions.

5. Method of Disbursement.
a. Requests for disbursements by Consultant shall be made by Consultant sending to the City, not more frequently than monthly, commencing on or before the 10th day of each month, a detailed invoice in a form specified and approved by the City, Exhibit C. Such schedule may be modified with the approval of the City. The City shall distribute funds in monthly installments, as requested by Consultant, in arrears, in order to compensate Consultant for the provision of Consultant’s services under this AGREEMENT.
b. Consultant has the ability to adjust line-item amounts in the Budget

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with the prior written approval of the City’s Director of the Community Development and Housing Department, so long as the total budget amount does not increase.

6. Payment
a. Payment is subject to the receipt and approval of such invoices and monthly activity reports, as hereinafter more fully set forth below under Level of Accomplishments and Homeless Management Information System, with the final payment being due and payable upon the receipt of an invoice and report for the last month of the term of this AGREEMENT and the City’s approval thereof, which invoice and report shall be due on or before the 15 th day of the month following the expiration of the term of this AGREEMENT. The City shall pay such invoices within forty-five (45) days after receipt thereof, provided the City is satisfied that such expenses have been incurred within the scope of this AGREEMENT and that the Consultant is in compliance with the terms and conditions of this AGREEMENT. The forty-five (45) day period will discontinue if the reimbursement request is determined to be incomplete and the forty-five timeline will restart once the remaining required elements have been submitted. b. Failure to provide any of the required documentation and reporting will cause the City to withhold all or a portion of a request for reimbursement until such documentation and reporting has been received and approved by the City.

7. 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, and approved by the City Council.

8. Term. This Agreement shall commence on the Effective Date and continue through December 31, 2026.

9. 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.

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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.

10. 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.

11. Levels of Accomplishment – Goals and Performance Measures The Consultant shall be responsible for accomplishing the levels of performance as set forth in the Scope of Work (Exhibit A) and report such measures monthly to the City. If the Consultant estimates such goals will not be met, the Consultant is to contact the City, at which time the City will determine if any adjustments to the agreement is appropriate.

12. General Conditions .
a. The Consultant, in accordance with 24 CFR § 576.400(f), must ensure that data on all persons served and all activities are entered into the applicable community-wide HMIS in the area in which those persons and activities are located, or with the express knowledge and written consent of the CITY, a comparable database, in accordance with HUD’s standards on participation, data collection, and reporting under a local HMIS.

1. HMIS Agency Agreement. The Consultant shall have an agreement in place with the HMIS lead agency to participate in the regionally established HMIS system. A copy of the Consultant agreement with the HMIS lead agency shall be delivered to the CITY. In the case of Domestic Violence service providers or other agencies prohibited from entering data into HMIS, documentation from the HMIS lead agency certifying that the Consultant is using a comparable database shall be delivered to the CITY. The "HMIS lead agency" is the County of San Bernardino Community Development and Housing Agency, which is located at 385 N. Arrowhead Ave., 3rd Floor, San Bernardino, California (909-387-4700).

2. HMIS Interagency Data Sharing Agreement. The Consultant shall enter into an Interagency Data Sharing Agreement with the HMIS Lead Agency where the Consultant agrees to share HMIS data with other funded agencies regarding clients that are served, unless prohibited by law. A copy of such agreement shall be delivered to the CITY.

3. HMIS Data Input. Consultant must enter data directly into the HMIS system and adhere to all implementation guidelines developed under

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the Continuum of Care. HMIS Participation includes, but is not limited to, the input of all programmatic and client data and the generation of all mandated monthly, quarterly and close-out reports. Subrecipient must input client data no more than forty-eight (48) hours after the date of program entry. Services rendered to clients must be entered into HMIS within forty-eight (48) hours from date of services. All clients who exit the program must have updated status in HMIS within forty-eight (48) hours of the actual exit date.
b. The Consultant shall conduct initial evaluations to determine the eligibility of individuals or families for homelessness assistance and the types and amounts of assistance needed to regain stability in permanent housing. These evaluations must comply with centralized or coordinated assessment requirements, the CITY's written standards, and relevant County, State, or Federal guidelines for homeless assistance programs. Re-evaluations for homelessness prevention and rapid rehousing assistance must also adhere to these standards. Evaluations and re-evaluations must be documented in accordance with the CITY’s Homelessness Assistance Written Standards and broader state and federal policies.
c. If a program participant violates program requirements, the Consultant may terminate the assistance in accordance with a formal process established by the CONSULTANT that recognizes the rights of individuals affected, in accordance with 24 CFR § 576.402.
d. The Consultant certifies that shelters and housing supported by homelessness-related funds and utilized by beneficiaries will conform to all applicable County, State, and Federal standards, including those established under 24 CFR § 576.403 and other relevant policies.

13. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall,

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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.

14. 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.

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

16. 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.

17. 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.

18. 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

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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.

19. 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.

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

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

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(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give 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. (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.

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(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and 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.

Agreement:
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Combined Single Limit

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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 $250,000 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 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

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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 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

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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.

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

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22. 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).

23. 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.

24. 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.

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

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the

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event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

26. 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.

27. 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.

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

29. 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.

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

31. Organization. Consultant shall assign Steven Pinckney as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

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CITY:

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

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

The Salvation Army San Bernardino
Attention: Steven Pinckney
Business Administrator
925 West 10th Street, San
Bernardino, CA, 92411

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34. 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.

35. 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.

36. 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.

37. 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.

38. 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.

39. 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.

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

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41. 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.

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

43. 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.

44. 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.

45. 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.

46. 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.

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

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND THE SALVATION ARMY
(RAPID REHOUSING SERVICES)
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO THE SALVATION ARMY
APPROVED BY:

Bill Gallardo
City Manager
Date:

ATTESTED BY:

Signature
Steven Pinckney
Name
Business Administrator
Title
Date:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP

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EXHIBIT A

SCOPE OF SERVICES
The Salvation Army Rapid Re-Housing (RRH) Program
Program Overview
The Salvation Army’s Rapid Re-Housing (RRH) Program is a critical intervention designed to address and mitigate homelessness within the City of San Bernardino. The program’s core mission is to provide immediate, targeted support to individuals and families, enabling them to transition into permanent housing while fostering long-term stability. By integrating financial assistance, intensive case management, and tailored supportive services, the RRH Program not only reduces homelessness but also prevents recidivism by addressing the root causes of instability.

The program operates in alignment with the City of San Bernardino’s broader homelessness initiatives, ensuring that resources are leveraged effectively to create a seamless and sustainable pathway to housing solutions.

Core Program Components

1.Financial Assistance
The program offers direct financial support to eligible participants to facilitate their transition into stable housing. Assistance is provided on a case-by-case basis, ensuring flexibility to meet diverse needs while adhering to program guidelines.

Financial assistance may include:
oUtility Deposits or Monthly Assistance: Payments are made directly to utility providers to establish or maintain essential services, removing barriers to housing access.
oSecurity Deposits and Move-In Costs: One-time payments are issued directly to landlords to cover upfront costs associated with securing housing. oMonthly Rental Support: Rent payments are provided directly to landlords to assist participants in maintaining housing stability during their initial transition period. Financial assistance is offered on a flexible basis, ranging from one (1) to six (6) months, depending on the individual needs and circumstances of each participant.

2.Case Management and Support Services
The RRH Program includes robust case management and supportive services to address both immediate and long-term housing stability needs. Services include:

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oHousing Navigation: Assist participants in identifying and securing suitable, affordable housing options. This includes engaging landlords and addressing barriers such as credit history or prior evictions. oSelf-Sufficiency Planning: Working closely with participants to develop individualized, long-term plans for financial independence and housing retention. This includes employment support, financial literacy training, and access to other supportive resources.

3.Program Integration
The RRH Program is designed to operate in close alignment with the City of San Bernardino’s existing housing and homelessness initiatives. This integration ensures a coordinated approach to homelessness prevention and reduction. Key integration strategies include:
oLeveraging partnerships with local stakeholders, including landlords, service providers, and community organizations.
oUtilizing the Homeless Management Information System (HMIS) to track outcomes, ensure data-driven decision-making, and avoid duplication of services.
oAdopting a Housing First approach, focusing on immediate housing placement without preconditions, followed by supportive services tailored to individual needs.

Metrics and Outcomes

1.Projected Reach
The RRH Program aims to assist at least 70 households within the City of San Bernardino, prioritizing individuals and families experiencing literal homelessness or fleeing unsafe living conditions.

2.Average Length of Support
The duration of financial and supportive assistance is designed to be flexible, adapting to the unique needs of each participant. While assistance typically spans a maximum of six (6) months, the program accommodates variations based on participant progress and specific barriers to stability.

3.Program Success Metrics
oPercentage of participants who transition to permanent housing within the support period.
oPercentage of households maintaining permanent housing after program exit.

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oReduction in barriers to housing stability as identified during case management.

Regular performance reviews and reporting through HMIS ensure accountability, transparency, and continuous improvement.

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EXHIBIT B

SCHEDULE OF CHARGES
The Rapid Re-Housing program, supported by a $600,000 allocation, will strictly adhere to all applicable federal laws, statutes, and regulations, including but not limited to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200). The approved budget categories and rate schedule are structured to ensure the effective and efficient allocation of resources while maintaining full compliance with federal regulatory requirements.

All expenses must align proportionally with the approved rate schedule and budget categories to maintain compliance with federal guidelines and the specific terms of this agreement. This ensures funds are utilized effectively for eligible activities supporting Rapid Re-Housing outcomes.

Approved Budget Categories and Rate Schedule

1. Rental Assistance
oEligible Activities: Payments for rent on behalf of participants transitioning to permanent housing.
oRequired Documentation: Copies of rental agreements, payment receipts, or proof of direct payments to landlords.
oBilling Frequency: Monthly.

2. Security Deposits
oEligible Activities: One-time payments for security deposits to secure housing.
oRequired Documentation: Proof of payment for deposits (e.g., receipts, transaction records).
oBilling Frequency: Monthly.

3. Utility Assistance
oEligible Activities: Payments for utility deposits.
oRequired Documentation: Invoices or payment receipts from utility companies.
oBilling Frequency: Monthly.

4. Administrative Costs
oEligible Activities: Allowable costs for program administration, capped at 10% of the total program budget.
oRequired Documentation: Itemized records or invoices for administrative expenditures.
oBilling Frequency: Monthly.

5. Reconciliation Reporting
oRequired Reporting:
▪Services delivered during the billing period, including housing placements, financial assistance, and supportive services provided to participants.
▪Expenditures categorized by eligible activities, such as rent, security deposits, and utility assistance.

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▪Cumulative grant expenditures to date, demonstrating alignment with the approved budget and rate schedule.
oSubmission Requirements:
▪Must be submitted in the format specified by the grantor agency. ▪Include a certification of accuracy and compliance as required under §200.415.
▪Demonstrate adherence to all State and Federal policies governing Rapid Re-Housing programs.

Federal and State Cost Principles Compliance
All expenditures must adhere to the following principles under 2 CFR Part 200:
•Allowable Costs (§200.403): Costs must be necessary, reasonable, and explicitly permitted under the grant agreement and applicable State and Federal policies for Rapid Re-Housing.
•Allocable Costs (§200.405): Expenditures must directly support the Rapid Re- Housing program’s objectives and be proportional to the benefits received. •Reasonable Costs (§200.404): Costs must reflect prudent judgment, cost- effectiveness, and alignment with program goals.

Reconciliation Reporting
To ensure transparency and compliance, monthly invoices must include a Reconciliation Report detailing:
•Services delivered during the billing period, including housing placements, financial assistance, and supportive services provided to participants. •Expenditures categorized by eligible activities, such as rent, security deposits, and utility assistance.
•Cumulative grant expenditures to date, demonstrating alignment with the approved budget and rate schedule.

Submission Requirements:

All invoices and reconciliation reports must:
•Be submitted in the format specified by the grantor agency. •Include a certification of accuracy and compliance, as required under §200.415. •Demonstrate adherence to all State and Federal policies governing Rapid Re- Housing programs.

Documentation and Retention Requirements
To maintain accountability and prepare for audits, the following documentation requirements will be enforced:

1. Retention Period:

All financial records, supporting documentation, and program reports must be retained for a minimum of 3-5 years, in accordance with the grant terms and applicable regulations.

2. Internal Compliance Reviews:

Conduct periodic internal reviews to ensure adherence to 2 CFR Part 200, relevant

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State policies, and Rapid Re-Housing program requirements.

3. Audit Preparedness:

Maintain all records in an organized and accessible manner to facilitate potential audits and ensure full compliance with State and Federal guidelines.

The Rapid Rehousing Program is designed to provide critical assistance to individuals experiencing homelessness by facilitating their transition into stable, permanent housing.

The program emphasizes flexibility to accommodate the unique challenges and circumstances faced by the clients it serves, acknowledging that each case requires tailored solutions to ensure successful placement and sustained housing stability. By covering essential costs such as rental assistance, security deposits, and utility support, the program mitigates immediate financial barriers that often prevent individuals from exiting homelessness.

Moreover, the inclusion of administrative costs, capped at 10%, ensures efficient program management while maintaining accountability and compliance with funding requirements.

The program's Housing First approach prioritizes immediate housing placement without preconditions, recognizing the foundational role of stable housing in addressing the broader issues associated with homelessness. This flexibility and adaptability are key to meeting the needs of diverse clients and achieving the overarching goal of long-term housing stability.

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EXHIBIT C

REIMBURSEMENT REQUEST
Exhibit C serves as the official reimbursement request framework for the Rapid Rehousing Program for FY 2024-2025. It is designed to ensure compliance with federal, state, and local regulations while maintaining alignment with the approved budget categories outlined in Exhibit B (Rate Schedule). The exhibit includes the Reimbursement Coversheet, which facilitates accurate monthly billing, detailed documentation, and transparent financial reporting, ensuring that all reimbursement requests meet the program’s standards.

Reimbursement Coversheet
Each reimbursement request must include a completed reimbursement cover sheet containing the following key details:
•Consultant Name: The legal name of the organization requesting reimbursement. •Agreement Number: The unique contract number assigned by the CITY. •Reporting Period (Month/Year): The specific period for which reimbursement is being requested.
•Invoice Number: A unique identifier for tracking the reimbursement request. •Total Amount Requested: The total amount being requested for reimbursement. •Certification Statement: Signed by an authorized representative, certifying that all submitted expenses comply with the agreement terms and federal regulations.

The Reimbursement Coversheet Template is included as part of this exhibit. Additionally, the CITY will provide the Consultant with an Excel sheet preformatted with the required fields. This Excel sheet should be used to document the requested reimbursement details comprehensively and electronically.

Monthly Billing and Documentation Requirements
Reimbursement requests must be submitted on a monthly basis and must include supporting documentation for all eligible activities. The documentation requirements are as follows:

1. Supportive Services
oReceipts, invoices, or contracts for services provided.

2. Financial Assistance
oRental Assistance: Copies of rental agreements, payment receipts, or proof of direct payments to landlords.
oSecurity Deposits: Proof of payment for deposits (e.g., receipts, transaction records).
oUtility Assistance: Invoices or payment receipts from utility companies.

3. Administrative Costs
oItemized records or invoices for administrative expenditures, ensuring adherence to the 10% cap on program administration.

4. Reconciliation Reporting
oDocumentation must include a detailed Reconciliation Report that outlines:
▪Services delivered during the billing period, including housing placements, financial assistance, and supportive services.

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▪Expenditures categorized by eligible activities to ensure alignment with the approved budget.
▪Cumulative grant expenditures to date to demonstrate compliance with federal and state guidelines.

Submission Requirements
•Reimbursement requests and accompanying documentation must be submitted in the format specified by the grantor agency.
•Each submission must include a certification of accuracy and compliance, as required under §200.415 of the Uniform Administrative Requirements.

All submitted expenses must adhere to the budget categories outlined in Exhibit B and must include detailed supporting evidence such as payroll records, receipts, invoices, and other relevant documentation.

Review and Approval Process
All reimbursement requests will be subject to review by the CITY to ensure accuracy, alignment with budget categories, and compliance with program guidelines. Incomplete or noncompliant submissions may result in delays or denial of reimbursement. It is the Consultant’s responsibility to address any deficiencies in the submission promptly.

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CITY OF SAN BERNARDINORAPID REHOUSING PROGRAM FISCAL YEAR 2024-2025SUBGRANTEE PAYMENT REQUESTAgency Name: Date:Address: Phone:909-888-4880Invoice No.: Purchase Order:Period Covered: Account #Invoice Amount: APPROVED FUNDING BUDGET AMOUNT (AWARDED) CURRENT AMOUNT REQUESTED FOR REIMBURSEMENT TOTAL REQUESTED TO DATE - INCL CURRENT REMAINING BALANCE 600,000.00$ -$ 600,000.00$ -$ -$ -$ -$ 600,000.00$ -$ -$ -$ 600,000.00$ Rounding Error - Signature of Preparer Email DatePrint Name of Authorized Supervisor, Executive Director, or Board MemberSignature of Authorized Supervisor, Executive Director, or Board Member DateFor City Use Only:Date Invoice Received Date Reviewed #1Date Invoice Revised Date Reviewed #2Review by: Date Reviewed - FinalInvoice Approved by: Invoice Amount Approved The undersigned herby certified that the expenditures identified on the Subgrantee Payment Request are true and correct, and that said expenditures were incurred and paid within period stated on this invoice, in accordance with the agreement identified herein. Evidence of all payments (bills and/or receipts and check copies) for each of the expenditures listed is attached hereto. $ - TOTAL PAYMENT REQUEST THIS INVOICETOTAL THE SALVATION ARMY925 W. 10TH STREET SAN BERNARDINO, CA 92411 ELIGIBLE ACTIVITY Rapid Rehousing and Supportive Services

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Resolution No. 2025-258
Resolution No. 2025-258
March 5, 2025

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RESOLUTION NO.2025-258

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO AMEND THE
FISCAL YEAR 2024/2025 OPERATING BUDGET AND
ALLOCATE $600,000 IN GENERAL FUNDS TO BE USED
FOR RAPID REHOUSING.

WHEREAS, San Bernardino Municipal Code Section 2.46.050(A) designates the City Manager as the Director of Emergency Services ("Director"); and WHEREAS, in conjunction with the State's directives to combat homelessness and address the housing crisis, the City of San Bernardino ("City") has designated significant resources to address homelessness in the City, but the threat to life and property remains at stake beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat this crisis; and WHEREAS, the City has, at any given time, approximately 1,417 people experiencing homelessness Citywide and
WHEREAS, the City has established homeless outreach services to assist unhoused residents with comprehensive services designed to connect individuals to appropriate resources and services and
WHEREAS, the City has established a Motel Voucher Program to provide interim housing for unhoused residents to safely recover and connect to community resources and WHEREAS, the City would like to expand its homeless outreach to include Rapid Rehousing, which would assist those who have income but are experiencing homelessness and residing in shelters or motels with financial assistance associated with the procurement of housing.

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

SECTION 2. Authorize the Director of Finance and Management Services to amend the FY 2024/2025 Operating Budget and allocate General Funds for Rapid Rehousing in the amount not exceeding $400,000.

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

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Resolution No. 2025-258
Resolution No. 2025-258
March 5, 2025

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Resolution No. 2025-258
Resolution No. 2025-258
March 5, 2025

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-258, adopted at a regular meeting held on the 5 th day of March by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino on this 6th day of March 2025.

Genoveva Rocha, CMC, City Clerk

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Docusign Envelope ID: 8DFF7364-C5AA-4108-AD1C-756B9AD34C7D

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Docusign Envelope ID: 8DFF7364-C5AA-4108-AD1C-756B9AD34C7D

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Docusign Envelope ID: 8DFF7364-C5AA-4108-AD1C-756B9AD34C7D

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Docusign Envelope ID: 8DFF7364-C5AA-4108-AD1C-756B9AD34C7D

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Docusign Envelope ID: 8DFF7364-C5AA-4108-AD1C-756B9AD34C7D 1/22/2025
1/22/2025
1/30/2025

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 5, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Gabriel Elliott, Director of Community Development and Housing Department: Community Development and Housing
Subject: Adoption of Ordinance No. MC-1648 - Development Code Amendment 24-06 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1648, approving Development Code Amendment 24- 06 which amends Chapter 19.02.050 (Basic Provisions-Definitions) and updates the City of San Bernardino Development Code (SBMC Title 19) definitions for Neighborhood Grocery Stores/Supermarkets to align with state and industry standards; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2).

Executive Summary
This agenda item is the adoption of Development Code Amendment 24-06. It is recommended that the Mayor and City Council accept the final reading and adopt Ordinance No. MC-1648.

Background
On February 19, 2025, the Mayor and City Council conducted a public hearing and approved Development Code Amendment 24-06.

Development Code Amendment 24-06 amends Chapter 19.02.050 (Basic Provisions- Definitions) of the City of San Bernardino Development Code (SBMC Title 19) for Neighborhood Grocery Stores/Supermarkets to align with state and industry standards; and found such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2).

Discussion

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Ordinance No. MC-1648, approving Development Code Amendment 24-06 and updating the City of San Bernardino Development Code (SBMC Title 19 – definitions) for Neighborhood Grocery Stores/Supermarkets to align with state and industry standards was introduced for first reading at the February 19, 2025, Mayor and City Council meeting.

The Ordinance is now being returned to the Mayor and City Council for its final reading and adoption.
2021-2025 Strategic Targets and Goals
Development Code Amendment 24-06 aligns with Key Target Goal No. 3: Improved Quality of Life and 4(b): Economic Growth and Development – Update the General Plan and Development Code. Specifically, the amendment will update the Development Code for compliance with state law. The amendment to the Development Code will ensure consistency with state law.

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

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1648, approving Development Code Amendment 24- 06 which amends Chapter 19.02.050 (Basic Provisions-Definitions) and updates the City of San Bernardino Development Code (SBMC Title 19) definitions for Neighborhood Grocery Stores/Supermarkets to align with state and industry standards; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2).

Attachments
Attachment 1 - Ordinance No. MC-1648 (Approving Development Code Amendment 24-06)
Attachment 2 - Ordinance No. MC-1648 (Approving Development Code Amendment 24-06) – Exhibit A
Ward:

All Wards
Synopsis of Previous Council Actions:

On February 19, 2025, the Mayor and City Council Introduced Ordinance No. MC-1648 approving Development Code Amendment 24-06 and amending Chapter 19.02.050 (Basic Provisions) updating the definitions of City of San Bernardino Development Code (SBMC Title 19) for Neighborhood Grocery Stores/Supermarkets to align with state and industry standards.

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Ordinance No. MC-1648
1 ORDINANCE NO. MC-1648

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 24-06,
AMENDING SECTION 19.02.020 (DEFINITIONS) OF THE

CITY OF SAN BERNARDINO MUNICIPAL CODE (TITLE
19) TO UPDATE THE DEFINITIONS FOR

NEIGHBORHOOD GROCERY STORES/SUPERMARKETS
TO ALIGN WITH STATE AND INDUSTRY STANDARDS;

AND FINDING THAT DEVELOPMENT CODE
AMENDMENT 24-06 IS EXEMPT FROM REVIEW UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA).

WHEREAS, the last comprehensive update to the City's Development Code (Title 19) was adopted in May 1991; and
WHEREAS, Development Code Amendment 24-06 is a City-initiated amendment to Section 19.02.50 (Basic Provisions - Definitions) of the City of San Bernardino Development Code (SBMC Title 19) to update the definitions of Neighborhood Grocery Stores/Supermarkets to align with state and industry standards; and
WHEREAS, the Planning Division of the Community Development and Housing Department has reviewed Development Code Amendment 24-06 for consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code; and
WHEREAS, the Planning Division of the Community Development and Housing Department has prepared Development Code Amendment 24-06 to be consistent with the City of San Bernardino General Plan, compliance with the City of San Bernardino Municipal Code, and compliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development and Housing Department evaluated Development Code Amendment 24-06 and determined that it is exempt from CEQA under Section 15061(b)(3) (Review for Exemption); and
WHEREAS, on December 10, 2024 the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution 2024-049 recommending to the Mayor and City Council the approval of Development Code Amendment 24-06 Section 19.02.50 (Basic Provisions - Definitions) of the City of San Bernardino Development Code (SBMC Title 19) to update the definitions of Neighborhood Grocery Stores/Supermarkets to align with state and industry standards; and WHEREAS, notice of the February 19, 2025 public hearing for the Mayor and City Council's consideration of Development Code Amendment 24-06 was published in The Sun

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Ordinance No. MC-1648
2 newspaper on February 8, 2025, in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to act on Development Code Amendment 24-06.

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

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

SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of Development Code Amendment 24-06 and this Ordinance No. MC-1648 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change in the environment.

SECTION 3. Finding of Facts – Development Code Amendment 24-06 Finding No. 1:The proposed amendment is consistent with the General Plan.

Finding of Fact: General Plan Goals and Policy 2.10 States “Actively apply, enforce, and utilize the General Plan in the day-to-day activities of the City.” By adopting Development Code Amendment 24-06 the definition for a Neighborhood Grocery Store/Supermarket would be updated to align with Industry and State standards.

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

Finding of Fact: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment is operational in procedure and would allow operators of stores within the City of San Bernardino containing 10,000 square feet or more, the same opportunities as a competitor in a different jurisdiction that would follow the modern industry standards definition for a Neighborhood Grocery Store/Supermarket.

SECTION 4. Adoption of Ordinance. Development Code Amendment 24-06 to amend Section 19.02.50 (Basic Provisions - Definitions) of the City of San Bernardino Development Code (SBMC Title 19) to update the definitions of Neighborhood Grocery Stores/Supermarkets to align

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Ordinance No. MC-1648
3 with state and industry standards attached hereto and incorporated herein by reference as Exhibit “A”, is hereby approved.

SECTION 5. Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 24-06.

SECTION 6. Severability: If any section, subsection, subdivision, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of March 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney

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Ordinance No. MC-1648
4 CERTIFICATION

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO

CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1648, introduced on February 19th 2025 and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held on the 5th day of March 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this day of ____ 2025.

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A
Development Code Section 19.02.050
(Basic Provisions - Definitions)

19.02.050 (Basic Provisions - Definitions) shall be modified as follows:

Neighborhood Grocery Stores. A full-service grocery store ranging in size from 5,001 to 15,000 10,000 square feet in gross floor area, that sells fresh fruit, vegetables, meat and fish, has food prepared on-site, and which may or may not sell alcohol.

Supermarket. A full-service, self-service retail store, larger than 15,000 10,000 square feet in gross floor area, which sells food and household supplies.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 5, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Kenneth Chapa, Director of Economic Development
Department: Economic Development
Subject: Adoption of Ordinance No. MC-1650 (Annexation 49) – Watt EV (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1650 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay the annual costs of the maintenance and servicing of lighting, streets, trails and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Executive Summary
The recommended action is the final step of the annexation process for the proposed development into Community Facilities District (CFD) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate its impact for maintenance service of public facilities as a result of the new development. The Public Hearing was held on February 19, 2025, approving the annexation and conducted the first reading of the Ordinance. The special taxes will be levied annually to offset general fund expenditures related to maintenance of public improvements within and for the benefit of the development.

Background
On January 15, 2025, the Mayor and City Council adopted Resolution No. 2025-009, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.

On February 19, 2025, the Mayor and City Council adopted Resolution No. 2025-232 calling an election to submit to be annexed to Community Facilities District No. 2019-

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1 (Annexation No. 49) and adopted Resolution No. 2025-233 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 49).

Discussion
On February 19, 2025, Ordinance No. MC-1650 was introduced for first reading to the Mayor and City Council. The Ordinance is now being returned to the Mayor and City Council for the final reading and adoption. The Ordinance will become effective 30 days from the date of adoption.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
There is no fiscal impact to the City. All costs associated with annexation into the CFD have been borne by the Developer.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1650 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay the annual costs of the maintenance and servicing of lighting, streets, trails, and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Attachments
Attachment 1 – Ordinance No. MC-1650 (Ordinance Levying Special Taxes)
Attachment 2 – Exhibit A – Description of Services
Attachment 3 – Exhibit B – Description of Territory
Attachment 4 – Project Location Map
Ward:

Third Ward
Synopsis of Previous Council Actions:

June 5, 2019 - Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.”
July 17, 2019 - Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 declaring election results for Community Facilities District No. 2019-1; and conducted the first reading of

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Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

August 7, 2019 - The Mayor and City Council conducted the final reading of Ordinance No. MC-1522, levying special taxes to be collected during FY 2019-20 to pay the annual costs of maintenance, services, and expenses with respect to Community Facilities District No. 2019-1.

January 15, 2025 - Mayor and City Council adopted Resolution No. 2025-009, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” February 19, 2025 - Mayor and City Council adopted Resolution No. 2025-232 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 49), and adopted Resolution No. 2025-233 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 49); and introduced Ordinance No. MC-1650 amending Ordinance No. MC-1522.

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Ordinance No. MC-1650
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3 ORDINANCE NO. MC-1650

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2024-2025 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LIGHTING,

STREETS, AND TRAILS, A RESERVE FUND FOR

CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on February 19, 2025, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and

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Ordinance No. MC-1650
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3 WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019- 81, attached hereto and by this reference made a part hereof.

SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2024-2025, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.

SECTION 3.Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of March 2025.

Helen Tran, Mayor
City of San Bernardino

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Ordinance No. MC-1650
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5 7
3 Attest:

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

Sonia Carvalho, City Attorney

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Ordinance No. MC-1650
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5 7
3 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1650 introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 19 th day of February 2025. Ordinance No. MC-1650 was approved, passed and adopted at a regular meeting held the 5th day of March 2025 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will inc lude all costs attribut able to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other simila r landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways , streets, roads and open space, which maintenance and lighting services may inc lude, without lim itation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation s ituated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal fr om and maintenance and repair of public struc tures situated on parks, parkway s, streets, roads and open space; maintena nce and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water qualit y improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replac ement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appur tenant facilities, clearing of inle ts and outlets; erosion repairs; and cleanup to improvements, and other it ems necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential s ubdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those pr ovided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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EXHIBIT B

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 49 is currently comprised one (1) parcel , located within the City boundaries. The properties are identified by the following San Bernardino County Assessor's Parcel Number (APN).

APN Owner Name
0141-252-08 City of Riverside

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CAMINO
REAL
RD
ORANGE
SHOW
RD
D

STAUTO CENTER DR
E
ST

CENTURY AVE

CHANDLER PL
§¨¦
215
^_

MILL ST

SPRUCE ST

SIERRA W

AYNINTH ST
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST

RANCHO AVE

BASE LINE ST

SECOND ST

PEPPER AV

CEDAR AVE

TIPPECANOE ST

CENTRAL AVE
M

ERIDIAN AVE

SAN BERNARDINO AVE NORMAN RD

PENNSYLVANIA AVE
W
ATERM
AN AVE

CITRUS AVE

ACADEMY ST
M
T.VIEW
AVE

COLTON AVE

REDLANDS BLVD

MILL ST
§¨¦
10 OLIVE TREE LNBASELINE ST

VILLA CT
§¨¦
215
£¤66
£¤66
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 49

PROJECT MAP

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 5, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Kenneth Chapa, Director of Economic Development
Department: Economic Development
Subject: Adoption of Ordinance No. MC-1649 (Annexation 50) - Chipotle (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1649 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay the annual costs of the maintenance and servicing of landscaping, lighting, streets, drainage and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Background
On January 15, 2025, the Mayor and City Council adopted Resolution No. 2025-010, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.

On February 19, 2025, the Mayor and City Council adopted Resolution No. 2025-030

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calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019- 1 (Annexation No. 50) and adopted Resolution No. 2025-031 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 50).

Discussion
On February 19, 2025, Ordinance No. MC-1649 was introduced for first reading to the Mayor and City Council. The Ordinance is now being returned to the Mayor and City Council for the final reading and adoption. The Ordinance will become effective 30 days from the date of adoption.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
There is no fiscal impact to the City. All costs associated with annexation into the CFD have been borne by the Developer.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1649 amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay the annual costs of the maintenance and servicing of landscaping, lighting, streets, drainage, and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services).

Attachments
Attachment 1 – Ordinance No. MC-1649 (Ordinance Levying Special Taxes)
Attachment 2 – Exhibit A – Description of Services
Attachment 3 – Exhibit B – Description of Territory
Attachment 4 – Project Location Map
Ward:

First Ward
Synopsis of Previous Council Actions:

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July 17, 2019 - Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 declaring election results for Community Facilities District No. 2019-1; and conducted the first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

August 7, 2019 - Mayor and City Council conducted the final reading of Ordinance No.

MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

January 15, 2025 - Mayor and City Council adopted Resolution No. 2025-010, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” February 19, 2025 - Mayor and City Council adopted Resolution No. 2025-030 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 50), and adopted Resolution No. 2025-031 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 50); and introduced Ordinance No. MC-1649 amending Ordinance No. MC-1522.

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Ordinance No. MC-1649
1 ORDINANCE NO. MC-1649

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC-1522 AND LEVYING

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 2024-2025 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, STREETS, DRAINAGE, A RESERVE FUND

FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE

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Ordinance No. MC-1649
2 WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of February 2025.

Helen Tran, Mayor
City of San Bernardino

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Ordinance No. MC-1649
3 Attest:

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

Sonia Carvalho, City Attorney

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Ordinance No. MC-1649
4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1649, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 19 th day of February 2025. Ordinance No. MC-1649 was approved, passed and adopted at a regular meeting held the 5th day of March 2025 by the following vote:

Genoveva Rocha, CMC, City Clerk

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EXHIBIT A

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EXHIBIT B

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 50 is currently comprised two (2) parcels, located within the City boundaries. The properties are identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).

APN Owner Name
0134-061-21 Gateway SB, LLC
0134-061-35 Gateway SB, LLC

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SPRUCE ST
5TH ST
H
ST
F
ST
G
ST
^_

MILL ST

SPRUCE ST

SIERRA W

AYNINTH ST
2ND ST

MAGNOLIA AVE

ORANGE SHOW RD
4TH ST

RANCHO AVE

BASE LINE ST

SECOND ST

PEPPER AV

CEDAR AVE

TIPPECANOE ST

CENTRAL AVE
M

ERIDIAN AVE

SAN BERNARDINO AVE NORMAN RD

PENNSYLVANIA AVE
W
ATERM
AN AVE

CITRUS AVE

ACADEMY ST
M
T.VIEW
AVE

COLTON AVE

REDLANDS BLVD

MILL ST
§¨¦
10 OLIVE TREE LNBASELINE ST

VILLA CT
§¨¦
215
£¤66
£¤66
CFD NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 50

PROJECT MAP

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 5, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, City Manager;
C. Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Investment Portfolio Report for December 2024 (All Wards)
Recommendation:

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

Executive Summary
This action is to approve the Investment Portfolio for the month of December 2024.

This is regular business of the Mayor and City Council ensuring that City investments are in compliance with the Mayor and Council approved Investment Policy.

Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. Section III, Chapter N of the City’s approved 2023-24 Investment Policy reads as follows, “The Director of Finance shall submit to the City Council, on a monthly basis, a report summarizing the individual transactions executed within the month.” The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy.

Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended December 31, 2024.

The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to

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meet the City’s expenditure requirements.

2021-2025 Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.

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

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

Attachments
Attachment 1 Investment Portfolio Management Summary Report, Dec 2024.

Attachment 2 FY 2023-24 Adopted Investment Policy Ward:

All Wards
Synopsis of Previous Council Actions:

N/A

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CITY OF

SAN BERNARDINO
Investment Policy
Fiscal Year 2023-24
Adopted August 2, 2023
Barbara Whitehorn
Agency Director of Administrative Services
C. Jeannie Fortune
Deputy Director of Finance
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Exhibit A
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I. PURPOSE
To establish guidelines for the prudent investment of public funds in a manner that will protect City funds, meet daily cash flow expenditures, and comply with all federal, state, and local laws and ordinances governing the investment of public funds.

II. POLICY & ADOPTION
t shall be the policy of the City of San Bernardino to annually review and adopt an Investment Policy by resolution of the City Council. This Policy applies to all financial assets and funds held by the City of San Bernardino and the Successor Agency to the San Bernardino Redevelopment Agency. The funds covered by this policy include:
*General Fund
*Special Revenue Funds
*Capital Project Funds
*Proprietary Funds
*Other funds that may be created
Any modifications to the Policy must be approved by the City Council.

III. PROCEDURES
The Director of Finance shall annually review the City’s Investment Policy, and incorporate any changes in state law, recommendations from the City’s Investment Advisor, recommendations from the various national and state organizations of municipal finance officers, or other changes recommended by City staff. The revised Investment Policy shall be presented to the Finance Committee and the City Council for review and approval. (A) Responsibilities
No person may engage in investment activities except as provided under the terms of this Policy and the procedures established by the Director of Finance.

1. Responsibilities of the City Council
The City Council shall annually consider and adopt a written Investment Policy.

As provided in this Policy, the Council shall receive monthly Investment Reports.

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Exhibit A
- 3 -

2. Responsibilities of the Director of Finance
The Director of Finance is appointed by and serves at the pleasure of the City Manager and is subject to his/her direction and supervision. The Director of Finance is charged with responsibility for the conduct of all Finance Department operations. The City Charter places the “City Treasurer” responsibilities amongst the duties of the Director of Finance. That individual is charged with responsibility for carrying out all investment actions. He/she may delegate the day-to-day investment activities to their designee(s) but not the responsibility for the overall investment program. If authorized by the City Council, the Director of Finance may also utilize the services of an external investment advisor to assist with the investment program.

The Director of Finance, through supporting staff members, is responsible to manage all public funds and securities belonging to or under the control of the City and the Successor Agency, including the deposit and investment of those funds in accordance with principles of sound treasury management and applicable laws and ordinances. Appropriate internal controls designed to ensure that assets of the City are protected from loss, theft, or misuse, including but not limited to separation of duties and multiple approvers for transactions, shall be maintained at all times in order to safeguard the City’s assets.

3. Responsibilities of the City’s Investment Advisor (if applicable) The City may engage in the services of outside professionals for evaluation and advice regarding the City’s investment program. An authorized Investment Advisor may provide investment management services, which may also include facilitating trade executions under the direction of the Director of Finance or designee. Any Investment Advisor shall be registered by the Securities and Exchange Commission and licensed to do business in the State of California. An authorized Investment Advisor shall invest the City’s funds in investments that are in compliance with this policy and provide accurate and timely reports of its investment activities to City staff. The Investment Advisor shall never take possession of the City’s funds or assets.

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Exhibit A
- 4 -

4. Internal Controls
The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, fraud or misuse.

The City’s external independent auditing firm shall perform an annual analysis and review of internal controls, account activity and compliance with policies and procedures.
(B) Prudent Investor Rule
The standard of prudence to be used by the Director of Finance shall be the “prudent investor” standard. This shall be applied in the context of managing an overall portfolio.

The “Prudent Investor Rule” provides, pursuant to California Government Code Section 53600.3, that investments shall be made with judgment and care—under circumstances then prevailing—which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The Director of Finance and any designee of the Director of Finance, as investment officers acting in accordance with written procedures and the investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported to the City Council in a timely fashion and appropriate action is taken to control adverse developments.
(C) Ethics and Conflicts of Interest
In addition to state and local statutes relating to conflicts of interest, all persons involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program or impairs their ability to make impartial investment decisions. Employees and investment officers are required to annually file applicable financial disclosures as required for “public officials who manage public investments” by the Fair Political Practices Commission (FPPC) and are subject to California law relative to conflicts of interest.

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Exhibit A
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(D) Level of Investment
The City strives to maintain the level of investment of all investable cash as near to 100 percent as possible through current and projected cash flow management.

The Director of Finance shall maintain a system to monitor and forecast revenues and expenditures so that City funds can be invested to the fullest extent possible while providing sufficient liquidity to meet the City’s reasonably anticipated cash flow requirements. Maturities of investments will be selected to provide necessary liquidity, manage interest rate risk, and optimize earnings. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds. (E) Investment Objectives
The City seeks safety and liquidity in all of its investments followed by yield. Safety, liquidity, and yield are defined as follows:

1.Safety. Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.

2. Liquidity. The investment portfolio shall remain sufficiently liquid to meet operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands.

3. Yield. The investment portfolio shall be designed with the objective of attaining a market rate of return, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above.
(F) Allowable Investments
The investments listed in this Policy are authorized investments pursuant to Sections 53601 and 53635 of the California Government Code and are authorized investments for the City subject, however, to the restrictions set forth in Section “K” of this Investment Policy. In the event that an apparent discrepancy is found between this Policy and the Government Code, the more restrictive parameters will take precedence.

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(G) Collateralization
If collateral is required for a particular investment type, it will be provided in compliance with California Government Code requirements. (H) Investment Pools/Mutual Funds
Prior to investing in any pooled investment program (e.g., LAIF, money market funds), the Director of Finance will review the program’s documentation (e.g., investment policy, policies for participation, fees) to determine the appropriateness of the pool for City funds. Whenever the City has funds invested in a pooled investment program, the Director of Finance should periodically review the pool’s investment holdings. The review shall, at a minimum, obtain the following information:
•A description of eligible investment securities, and a written statement of investment policy and objectives.
•A description of interest calculations and how it is distributed, and how gains and losses are treated.
•A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited.
•A description of who may invest in the program, how often, and what size of deposits and withdrawals are allowed.
•A schedule for receiving statements and portfolio listings. •A description of how the pool/fund utilizes reserves, retained earnings, etc.
•A fee schedule, including when and how fees are assessed. •The eligibility of the pool/fund to invest in bond proceeds and special district funds, and a description of its practices
(I) Diversification
The City shall diversify the investments within the portfolio to avoid incurring unreasonable risks inherent in over-investing in specific instruments, individual financial institutions, or maturities. To promote diversification, no more than 5% of the portfolio may be invested in the securities of any one issuer, regardless of security type; excluding U.S. Treasuries, federal agencies, supranationals, and pooled investments such as LAIF, money market funds, or local government investment pools.

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(J) Maximum Maturities
For those investment types for which this Policy does not specify a maturity limit, no individual investment shall exceed a maturity of five years from the date of purchase unless the City Council has granted express authority to make that investment either specifically or as a part of an investment program approved by the City Council no less than three months prior to the investment. The weighted average duration of the investment portfolio shall not exceed 3.0 years. (K) Authorized Investments of the City
The following types of investments are authorized by this Policy:

1. U.S. Treasury Instruments. United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There is no limitation as to the percentage of the City’s portfolio that may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.

2.State of California’s Local Agency Investment Fund (LAIF). A State of California-managed investment pool. The maximum amount invested in this category may not exceed the limit set by LAIF for operating accounts.

For 2023 that deposit limit is $75 million.

3.Local Government Investment Pools (“LGIP”). Shares of beneficial interest issued by joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in Government Code (e.g. Cal Trust). The City will limit investments to LGIPs that seek to maintain a stable net asset value. There is no limitation as to the percentage of the City’s portfolio that may be invested in this category.

4.Municipal Bonds. Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.

Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.

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Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.

Purchases are limited to securities rated in a rating category of “A” (long- term) or “A-1” (short-term) or their equivalents or better by a Nationally Recognized Statistical Rating Organization (NRSRO). A maximum of 30% the City’s portfolio may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.

5.Federal Agency Securities. Federal agency or United States government- sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.

There is no limitation as to the percentage of the City’s portfolio that may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.

6.Negotiable Certificates of Deposit. Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Securities in this category shall be limited to the maximum amount covered by federal deposit insurance currently set at $250,000. A maximum of 30% of the City’s portfolio may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.

7.Commercial Paper. Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
(1) The entity meets the following criteria: (A) Is organized and operating in the United States as a general corporation; (B) Has total assets in excess of five hundred million dollars
($500,000,000), and (C) Has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or better by an NRSRO.
(2) The entity meets the following criteria: (A) Is organized within the United States as a special purpose corporation, trust, or limited liability company, (B) Has program-wide credit enhancements

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including, but not limited to, overcollateralization, letters of credit, or a surety bond, and (C) Has commercial paper that is rated “A-1” or better, or the equivalent, by an NRSRO.

Purchases are limited to securities that have a maximum maturity of 270 days. A maximum of 25% the City’s portfolio may be invested in this category with a maximum of 5% per issuer.

8. Corporate or Medium-Term Notes. Corporate or medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Purchases are limited to securities rated in a rating category of “A” or its equivalent or better by an NRSRO. A maximum of 30% the City’s portfolio may be invested in this category with a maximum of 5% per issuer.

9. Money Market Funds (“MMF”). Purchases are restricted to Government Money Market Funds. Furthermore, these Money Market Funds must have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs, or (B) Retained an investment advisor with not less than five years’ experience and registered or exempt from registration with the SEC, with assets under management in excess of five hundred million dollars ($500,000,000). A maximum of 20% of the City’s portfolio may be invested in this category.

10. Supranational Obligations. United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States.

Investments under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by a NRSRO. A maximum of 10% the City’s portfolio may be invested in this category with a maximum of 5% per issuer. State law limits the percentage to 30% of the portfolio.

11.Bankers Acceptances. Bankers’ acceptances are short-term debt instruments issued by a company that is guaranteed by a commercial bank.

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Bankers Acceptances are limited to institutions with short-term debt obligations of A-1 or higher and have long term debt obligations rated “A” or higher, or the equivalent by a NRSRO. The maturity shall not exceed 180 days and no more than 30 percent of the total portfolio may be invested in banker’s acceptances and no more than 5% per issuer.

City of San Bernardino Authorized Investment Policy Table Investment Type Maximum Term Maximum % of
Portfolio
Maximum per
Issuer
Minimum
Rating
US Treasury
Obligations 5 Years NONE NONE NONE
Local Agency
Investment Fund
(LAIF)
N/A
The City may invest
up to the maximum
amount permitted by
California state law.

N/A NONE
Joint Powers/Local
Government
Investment Pool

N/A NONE N/A NONE
Municipal Debt 5 Years 30% A1, A
Federal Agency
Obligations 5 Years NONE NONE NONE
Certificate of
Deposits
5 Years 30% NONE
Securities in this
category shall be
limited to the
maximum amount
covered by federal
deposit insurance.

Commercial Paper 270 Days 25% 5% A1/P1, A
Medium
Term/Corporate
Notes
5 Years 30% 5% A
Money Market
Mutual Funds N/A 20% NONE AAA
Supranational
Obligations (IBRD,

IFC, IDB)
5 Years 10% 5% M
Banker’s
Acceptances 180 Days 30% 5% A1, A

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(L) Prohibited Investments
Furthermore, the City will not invest in inverse floaters, range notes, mortgage- derived, interest-only strips, or any security that could result in zero interest accrual if held to maturity. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will 100% of market value for Certificate of Deposits and 102% for reverse purchase agreements or principal and accrued interest. Collateral will always be held by an independent third party with whom the entity has a current custodial relationship (M) Performance Standards
The investment portfolio shall be managed with the objective of obtaining a market-average rate of return during budgetary and economic cycles, considering the City’s investment risk constraints and the cash flow needs.

Investment return is a consideration only after the core investment portfolio tenets of safety and liquidity have been met. The Director of Finance will adopt a benchmark which best approximates the composition and weighted average maturity of the City’s portfolio. The City will monitor the City’s portfolio yield against the US Treasury Constant Maturity and the performance yield presented by LAIF. However, the benchmark will be used only as a reference tool and does not infer that the portfolio will be managed in an attempt to attain or exceed the stated benchmark. Benchmarks may change over time based on changes in market conditions or cash flow requirements. The selected performance benchmarks shall be representative of the City’s overall investment objectives and liquidity requirements.
(N) Investment Reporting
The Director of Finance shall submit to the City Council, on a monthly basis, a report summarizing the individual transactions executed within the month. The Director of Finance shall submit to the City Council on a quarterly basis a report summarizing the status of the current investment portfolio and the individual transactions executed over the last quarter. The report shall be prepared in a manner which shall allow the City Council to ascertain whether investment activities during the reporting period have conformed to the Investment Policy.

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The report will include the following elements:
•Type of investment
•Institution/Issuer
•Purchase Date
•Date of maturity
•Amount of deposit or cost of the investment
•Face value of the investment
•Current market value of securities and source of valuation •Rate of interest
•Interest earnings
•Statement relating the report to its compliance with the Statement of Investment Policy or the manner in which the portfolio is not in compliance •Statement on availability of funds to meet the next six month’s obligations •Percentage of Portfolio by Investment Type
•Days to Maturity for all Investments
•Comparative report on Monthly Investment Balances & Interest Yields •Monthly transactions
(O) Portfolio Review
The Director of Finance shall continually monitor portfolio performance to ensure that the securities in the portfolio are in compliance with this Policy. The Director of Finance shall report any issues of material non-compliance in the next monthly Investment Report. Percentage holding limits and diversification requirements listed in this Policy apply at the time a security is purchased. If a percentage holding limit or diversification requirement is exceeded due to a subsequent change in the portfolio, it is not a compliance violation, but no additional securities may be purchased in that category or for that issuer until the holdings are back under the Policy limits. Credit ratings, where shown, specify the minimum credit rating category required at purchase. In the event a security held by the City is subject to a credit rating change that brings it below the minimum credit ratings specified in this Policy, the Director of Finance will notify the City Council of the change in the next monthly Investment Report. The course of action to be followed will then be decided on a case-by-case basis, considering such factors as the reason for the change, prognosis for recovery or further rating downgrades, and the market price of the security. If a security is determined to be out of compliance with this Policy due to a subsequent change in this Policy or the Government Code, it may be held to maturity unless there is a requirement that the security be sold.

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(P) Debt Proceeds
Debt proceeds and bond reserve funds are to be invested in accordance with their respective bond indenture. If the indenture is silent as to the permitted investments, the bond proceeds will be invested in the securities permitted by this Policy. Notwithstanding the other provisions of this Policy, the percentage limitations listed elsewhere in this Policy do not apply to bond proceeds and bond proceeds may be invested beyond five years if the maturities of such investments do not exceed the expected use of the funds, the investments are deemed prudent in the opinion of the Director of Finance, and the investments are not prohibited by the applicable bond documents. Tax and Revenue Anticipation Notes or other temporary financing proceeds shall not be invested for a term that exceeds the term of the debt.
(Q) Safekeeping
To protect against potential losses by collapse of individual securities dealers, all deliverable securities owned by the City, including collateral on repurchase agreements, shall be held in safekeeping by a third party bank trust department acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All deliverable securities will be received and delivered using standard delivery-versus-payment procedures.
(R) Qualified Financial Institutions and Broker/Dealers The Director of Finance shall maintain a list of approved financial institutions authorized to provide investment related services to the City. In addition, the City shall maintain a list of approved security broker/dealers selected by conducting a process of due diligence. These may include ‘primary’ dealers or regional dealers that qualify under Securities and Exchange Commission (“SEC”) Rule 15C3-1 (uniform net capital rule). A copy of this Investment Policy shall be sent annually to all firms with which the City executes investments.

Additionally, all financial institutions and broker/dealers who desire to become qualified bidders of investment transactions must provide the Director of Finance with the following:
•Audited Financial Statements
•Proof of State Registration
•Copy of most recently filed Financial Industry Regulated Authority (FINRA) documentation
•Certification of having read the Investment Policy and depository contracts of the City of San Bernardino

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The Director of Finance will review the existing list of either qualified broker/dealers or qualified bidders for investment transactions on an annual basis. At the discretion of the Director of Finance, and with the due diligence noted above, add or delete either broker/dealers or qualified bidders. (S) Continuing Education and Training
To ensure the highest level of professional standards for the execution of the investment program, investment staff responsible for the day-to-day management of the portfolio are encouraged to engage in continuing education in the areas of cash and investment management.

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Exhibit A
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GLOSSARY
AGENCIES: Federal agency securities.

BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company.

The accepting institution guarantees payment of the bill, as well as the issuer. The drafts are drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. An acceptance is a high grade negotiable instrument.

BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments.

BROKER: A broker brings buyers and sellers together for a commission. He/she does not take a position.

CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate.

Large-denomination CD’s are typically negotiable.

COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

COMMERCIAL PAPER: Short term unsecured promissory note issued by a corporation (including limited liability companies) to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank of America, etc.

COUPON: a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. b) A certificate attached to a bond evidencing interest due on a payment date.

DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions; buying and selling for his/her own account.

DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an

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Exhibit A
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exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.

DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns.

FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions (e.g. S&L’s, Small business firms, students, farmers, farm cooperatives, and exporters).

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency that insures bank deposits, currently up to $250,000 per deposit.

LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and a reasonable size can be done at those quotes.

LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.

MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.

MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.

MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded.

NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (“NRSRO”): Firms that review and assess the creditworthiness of an obligor as an entity or with respect to specific securities or money market instruments and express their opinion in the form of a letter rating. A credit rating agency may apply to the SEC for registration as a nationally recognized statistical rating organization (“NRSRO”). The primary rating agencies are Standard & Poor’s Corporation, Moody’s Investor Services, Inc. and Fitch, Inc.

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NEGOTIABLE CERTIFICATES OF DEPOSIT: Generally, short-term debt instrument that usually pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. Negotiable CDs are traded in a·secondary market and are payable upon order to the bearer or initial depositor (investor). Negotiable CDs are insured by FDIC up to $250,000, but they are not collateralized beyond that amount.

NON-NEGOTIABLE CERTIFICATES OF DEPOSIT: CDs that carry a penalty if redeemed prior to maturity. Non-negotiable CDs issued by banks and savings and loans are insured by the Federal Deposit Insurance Corporation up to the amount of $250,000, including principal and interest.

Amounts deposited above this amount may be secured with other forms of collateral through an agreement between the investor and the issuer. Collateral may include other securities including Treasuries or agency securities such as those issued by the Federal National Mortgage Association.

PORTFOLIO: Collection of securities held by an investor.

PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker/dealers, banks and a few unregulated firms.

PRUDENT PERSON RULE: An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state—the so-called “legal list”. In other states, the trustee may invest in a security if it is one that would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital.

RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity; on a bond, the current income return.

SAFEKEEPING: The service provided by banks and trust companies for clients when the bank or trust company stores the securities, takes in coupon payments, and redeems issues at maturity.

SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation.

SEC RULE 150-1: See “Uniform Net Capital Rule”.

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SUPRANATIONAL SECURITIES: United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), or Inter- American Development Bank (IDB), with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated “AA” or better by an NRSRO and shall not exceed 10 percent of the agency’s moneys that may be invested pursuant to this section.

TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.

TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10 years.

TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial maturities of from one year to ten years.

UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.

Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.

YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 5, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Rolland Kornblau, Director of Information Technology
Department: Information Technology
Subject: Approval of a Purchase Order with T-Mobile for Wireless Voice and Data Services (All Wards)
Recommendation:

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

1. Authorize the City Manager or designee to execute a purchase order and execute related documents for Fiscal Year 2024-25 in the amount of $180,000 to T-Mobile utilizing pricing and general terms established in the State of California Participating Addendum #PA-2022-WDV-TMUS to the NASPO Value Point Master Agreement #MA176 for Wireless Data, Voice, and Accessories.

Executive Summary
The City of San Bernardino is currently utilizing Verizon Wireless for mobile communication services. A cost analyst and field test with T-Mobile has been conducted to evaluate potential savings and improvements. T-Mobile offers cost savings, improved 5G Network coverage, and the provision of mobile devices for public safety officers with easier configuration. Ensuring wireless access for all public safety officers is crucial for quick emergency response, effective communication, and accessing important real-time information. Approval of this transition is recommended to enhance the City’s overall cost efficiency and service capabilities.

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Background
The city currently relies on Verizon for wireless communication. To Optimize costs and enhance service coverage, a cost analyst and field test were conducted with T-Mobile.

The cost analyst involved comparing the pricing structure of both Verizon Wireless and T-Mobile. The evaluation revealed savings and offered the provision to provide mobile devices to all public safety officers at current expenditures. Reliable wireless access for all safety officers is crucial for quick emergency response, effective communication, and accessing important real-time information. The field test results showed that T- Mobile provided 5G coverage and network reliability, particularly in critical areas used by public safety officers concluding that T-Mobile meets the city’s communication needs.

Discussion
City Staff is proposing the transition of its wireless service provider from Verizon Wireless to T-Mobile to achieve cost savings, improved service coverage, and additional mobile devices for public safety use. T-Mobile offers competitive pricing on their unlimited plans, which decreases the city’s expenditure from Verizon’s $39.99 to $29.75 per device on most lines. Additionally, the unlimited First Responders plan will drop from $39.99 to $33.60 per device, resulting in an average annual saving of $42,000.

The first year’s initial cost will be approximately $180,000. T-Mobile’s proposal includes a monthly charge of $5,812.80 for the Mobile Data Computers (MDCs) and routers, as well as $22,466 for the cellular service plans. There is also a onetime cost of $40,405.71 for equipment, which will be offset by a $34,375 buyback credit. Currently, there are sufficient funds in IT’s Network and Cellular approved budget to cover this cost for FY 24-25. Future purchase orders will be contingent on the council-approved budget for cellular service and network charges. Additionally, staff is requesting to add additional devices each fiscal year as needed for personnel changes.

Staff is also requesting the utilization the NASPO (National Association of State Procurement Officials) Master Price Agreement to execute additional purchase orders as needed through the agreement’s expiration. This flexibility is essential to respond to the evolving needs of the City. The NASPO agreement provides a streamlined procurement process and leverages the collective purchasing power of multiple government entities, resulting in competitive pricing and favorable contract terms for the city.

2021-2025 Strategic Targets and Goals
The request aligns with Key Strategic Goal #2 Focused, Aligned leadership and Unified Community. To Evaluate operations and performance, investment in resources, technology and to continually improve organizational efficient and effectiveness.

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Fiscal Impact
Funding for this agreement is included in the Fiscal Year 2024-25 Information Technologies Budget.

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

Attachments
Attachment 1 City of San Bernardino Proposal
Attachment 2 City of San Bernardino Quote Updated
Attachment 3 NASPO AMENDMENT
Attachment 4 NASPO ADDENDUM
Ward:

All Wards
Synopsis of Previous Council Actions:

None

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City of San Bernardino
T-Mobile Quote Overview

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- Simplified Billing
- Unlimited Talk, T ext, Data w/ Priority Data
and Preemption + 41GB of Hotspot
- WPS Enrollment – Automatically
- 24/7/365 Dedicated Support and Continuous
Engagement from Account T eam
- Free iPhone 15 and or iPhone SE 3rd Gen or
$500 Subsidy for Apple
T-Mobile Cost of Service $22,039
iPhone 15 Offer – $28,000+ in savings
Date Prepared: 01/18/25
City of San Bernardino & City of San Bernardino PD
Quote Expires: 3/31/2025 Prepared by: Edgardo Marquina Procurement Contract: NASPO Contact Info: [email protected] Service Plans Monthly Price Qty. Total Monthly Cost
Gov. Unlimited Ultimate (Smartphones) $29.75 517 $15,380.75 Unlimited Simple Choice - MiFi $29.75 35 $1,041.25
Gov Unlimited - Tablet $19.98 20 $399.60
Unlimited First Responder - Control Center $33.60 168 $5,644.80 Service Plan Monthly Cost Total $22,466.40
Monthly pricing does not include taxes & fees.

Devices Full Price Discounted Price Qt y. Total Cost
iPhone 16 Pro Max 512GB $1,399.99 $899.99 25 $22,499.75 iPhone 15 Pro Max 256GB $1,099.99 $599.99 25 $14,999.75 iPhone 15 128GB $729.99 $0.00 467 $0.00
Inseego MiFi X Pro 5G $264.00 $0.00 5 $0.00
Equipment Cost Total $37,499.50
Total Tax 7.75% $2,906.21
Equipment Total $40,405.71
(one-time payment)
Pricing Summary Total Mont hly Cost One-Time Charges
Service Plans Sub-Total $22,466.40 $0.00
Devices Sub-Total $0.00 $40,405.71
Totals $22,466.40 $40,405.71

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Price Plan
Componen
ts*
2 GB
Pooled
Price Plan
5 GB
Pooled
Price Plan
First
Responde
rs Plan
13**
MRC $10.00 $22.50 $33.60
Pooled IAS
Usage
Allowance
2 GB 5 GB Unlimited
(on net)
Date Prepared: 09/18/24
Quote Expires: 10/3/2024 Prepared by: Edgardo Marquina Procurement Contract: Sourcewell Contact Info: [email protected] Service Plans Monthly Price Qty. Total Monthly
Cost
Gov Unlimited Public Safety $33.60 173 $5,812.80
Service Plan Monthly Cost Total $5,812.80
Pricing Summary Total Monthly
Cost
One-Time
Charges
Service Plans Sub-Total $5,812.80 $0.00
Totals $5,812.80 $0.00
City of San Bernardino - MDCs and Routers
Monthly pricing does not include taxes & fees.

Cost of Service $5,812.80
- Easily Manage Plans for desirable
Billing
- Automate Service Provision
- Caps at $33.60 Monthly
- Remote Trouble Shooting

Packet Page. 119

Buy Back Quote Amount: $34,375
- Equipment Purchase to help offset upfront costs on
retired or outdated equipment
- Issued in the form of a check to City of San Bernardino or credit toward T-Mobile
- Quote reflects previous equipment report, can update if needed with additional equipment found or located

Packet Page. 120

T-Mobile Exterior Coverage Shows good to Excellent 5G
Coverage
95% Covered with 5G Service throughout City of San
Bernardino
T-Mobile Exterior Coverage Shows good to Excellent 4G
Coverage
97% Covered with 4G LTE throughout City of San
Bernardino

Packet Page. 121

Date Prepared: 01/18/25
Quote Expires: 12/30/2024 Prepared by: Edgardo Marquina Procurement Contract: Sourcewell Contact Info: [email protected] Service Plans Monthly Price Qty. Total Monthly Cost
Gov. Unlimited Ultimate (Smartphones) $29.75 517 $15,380.75 Unlimited Simple Choice - MiFi $29.75 35 $1,041.25
Gov Unlimited - Tablet $19.98 20 $399.60
Unlimited First Responder - Control Center $33.60 168 $5,644.80 Service Plan Monthly Cost Total $22,466.40
Devices Full Price Discounted
Price Qty. Total Cost
iPhone 16 Pro Max 512GB $1,399.99 $899.99 25 $22,499.75 iPhone 15 Pro Max 256GB $1,099.99 $599.99 25 $14,999.75 iPhone 15 128GB $729.99 $0.00 467 $0.00
Inseego MiFi X Pro 5G $264.00 $0.00 5 $0.00
Equipment Cost Total $37,499.50
Total Tax 7.75% $2,906.21
Equipment Total $40,405.71
Pricing Summary Total Monthly
Cost One-Time Charges
Service Plans Sub-Total $22,466.40 $0.00
Devices Sub-Total $0.00 $40,405.71
Totals $22,466.40 $40,405.71
City of San Bernardino & City of San Bernardino PD
Monthly pricing does not include taxes & fees.
(one-time payment)

Packet Page. 122

SB City
Quote ID: 0037-025766
Devices must be received by March 31, 2025.

Manufacturer Device Name/Model Carrier/Network Quantity Price Total
Buyback
Value
Apple Apple iPad 10 - 64GB - Verizon Verizon 1 $190 $190 Apple Apple iPad 6 - 128GB - Verizon Verizon 2 $40 $80
Apple Apple iPad 9 - 64GB - Verizon Verizon 1 $80 $80
Apple Apple iPad Mini 4 - 64GB - Verizon Verizon 1 $30 $30 Apple Apple iPad Pro 11-inch (2022) - 128GB - Verizon Verizon 1 $400 $400 Apple Apple iPad Pro 11-inch (2022) - 256GB - Verizon Verizon 1 $410 $410 Apple Apple iPhone 11 - 64GB - Verizon Verizon 16 $75 $1,200 Apple Apple iPhone 12 - 64GB - Verizon Verizon 15 $125 $1,875 Apple Apple iPhone 12 - 256GB - Verizon Verizon 4 $135 $540 Apple Apple iPhone 13 - 128GB - Verizon Verizon 16 $225 $3,600 Apple Apple iPhone 13 Pro Max - 256GB - Verizon Verizon 1 $285 $285 Apple Apple iPhone 14 - 128GB - Verizon Verizon 31 $245 $7,595 Apple Apple iPhone 14 Plus - 128GB - Verizon Verizon 4 $285 $1,140 Apple Apple iPhone 14 Pro Max - 256GB - Verizon Verizon 1 $390 $390 Apple Apple iPhone 15 - 128GB - Verizon Verizon 10 $335 $3,350 Apple Apple iPhone 15 Pro - 128GB - Verizon Verizon 3 $395 $1,185 Apple Apple iPhone 15 Pro Max - 256GB - Verizon Verizon 2 $575 $1,150 Apple Apple iPhone 16 Pro Max - 256GB - Verizon Verizon 1 $790 $790 Apple Apple iPhone 6s - 32GB - Verizon Verizon 11 $5 $55 Apple Apple iPhone 7 - 32GB - Verizon Verizon 4 $5 $20
Apple Apple iPhone 7 Plus - 32GB - Verizon Verizon 1 $10 $10 Apple Apple iPhone 8 - 64GB - Verizon Verizon 3 $15 $45 Apple Apple iPhone 8 - 128GB - Verizon Verizon 1 $20 $20 Apple Apple iPhone 8 Plus - 64GB - Verizon Verizon 1 $30 $30 Apple Apple iPhone SE - 64GB - Verizon Verizon 12 $5 $60 Apple Apple iPhone SE (2020) - 64GB - Verizon Verizon 93 $35 $3,255 Apple Apple iPhone SE (2022) - 64GB - Verizon Verizon 33 $85 $2,805 Apple Apple iPhone SE (2022) - 128GB - Verizon Verizon 1 $90 $90 Apple Apple iPhone Xr - 64GB - Verizon Verizon 2 $60 $120 Kyocera Kyocera DuraXV LTE - E4610 - Verizon Verizon 12 $5 $60 Samsung Samsung Galaxy A13 - SM-A135U - 32GB - Verizon Verizon 9 $15 $135 Samsung Samsung Galaxy A21 - SM-A215U - 32GB - Verizon Verizon 1 $10 $10 Samsung Samsung Galaxy A23 5G - SM-A236U - 32GB - Verizon Verizon 1 $20 $20 Samsung Samsung Galaxy A42 5G - SM-A426U - 128GB - Verizon Verizon 3 $30 $90 Samsung Samsung Galaxy A50 - SM-A505U - 64GB - Verizon Verizon 2 $15 $30 Samsung Samsung Galaxy A51 - SM-A515U - 64GB - Verizon Verizon 1 $20 $20 Samsung Samsung Galaxy S10+ - SM-G975U - 128GB - Verizon Verizon 8 $50 $400 Samsung Samsung Galaxy S10e - SM-G970U - 128GB - Verizon Verizon 13 $40 $520 Samsung Samsung Galaxy S21 FE 5G - SM-G990U - 128GB - Verizon Verizon 4 $60 $240 Samsung Samsung Galaxy S23 - SM-S911U - 128GB - Verizon Verizon 3 $225 $675 Samsung Samsung Galaxy S24 - SM-S921U - 128GB - Verizon Verizon 1 $300 $300 Samsung Samsung Galaxy S24+ - SM-S926U - 256GB - Verizon Verizon 1 $360 $360 Samsung Samsung Galaxy S8 - SM-G950V - 64GB - Verizon Verizon 1 $10 $10 Samsung Samsung Galaxy Tab A7 Lite 8.7 - SM-T227U - 32GB - Verizon Verizon 3 $15 $45
Samsung Samsung Galaxy Tab A 8.0 - SM-T387V - Verizon Verizon 4 $5 $20 Samsung Samsung Galaxy Z Flip4 - SM-F721U - 128GB - Verizon Verizon 1 $95 $95

Packet Page. 123

Non Price Listed
Device *Aircard *Non Price Listed Device 35 $0 $0
Non Price Listed
Device *Recycle *Non Price Listed Device 10 $1 $10
Program: e-Cycle Defective 25% Quote Total Quantity: 386 Date Prepared: 01/13/2025
Estimated Maximum Payment (subject to
reduction based on conditions listed
below)
$33,840
Prepared By: [email protected]
e-Cycle Terms and Conditions:

All wireless devices that are not on the price list will receive a flat rate of $1.00 each.

Wireless devices received in any of the conditions defined below will receive up to 25% of the buyback price value:
(1) Cracked glass
(2) Damaged housing
Wireless devices received in any of the conditions defined below will receive a flat rate of $1.00 each:
(1) Power Failure
(2) Defective Display (e.g. Bleeding LCD)
(3) Missing keys or non-functioning keypad
(4) Software programming issues
(5) Water exposure
(6) Lost or Stolen
Please deactivate all wireless services, delete all personal and corporate information, and remove the SIM or memory card before sending the wireless device to e-Cycle. If e-Cycle finds any SIM or memory cards, they will be removed and shredded for data security purposes free of charge.

IMPORTANT NOTE: Failure to deactivate your wireless device, the Apple “Find My iPhone/iPad,” or Samsung “Find My Mobile” security feature prior to sending the device to e-Cycle will result in a considerable delay in processing and a significant reduction or forfeiture of payment. iOS devices must be disowned from DEP prior to shipment to e-Cycle. These devices will not be returned. Any locked devices received will be temporarily held and the client will be notified that deactivation/unlocking needs to take place for these devices. Any device that is identified as Lost or Stolen will not be returned and will result in the device being recycled. e-Cycle's full Terms and Conditions can be found at https://www.e-cycle.com/terms-conditions/ Due to price fluctuations in the market for used wireless devices, devices must be received inactive, unlocked, and in good working condition based on the information above by March 31, 2025 to receive the above quoted pricing. This quote expires on March 31, 2025.

This document contains information that is confidential and privileged. You may not use, copy, or disclose the information contained in this document.
© Copyright e-Cycle, 2024. All rights reserved.

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Date Prepared: 02/17/25
Quote Expires: 03/31/2024 Prepared by: Edgardo Marquina Procurement Contract: NASPO Contact Info: [email protected] Service Plans Monthly Price Qty. Total Monthly Cost
Gov. Unlimited Ultimate (Smartphones) $29.75 517 $15,380.75 Unlimited Simple Choice - MiFi $29.75 35 $1,041.25
Gov Unlimited - Tablet $19.98 20 $399.60
Unlimited First Responder - Control Center $33.60 168 $5,644.80 Service Plan Monthly Cost Total $22,466.40
Devices Full PriceDiscounted
Price Qty. Total Cost
iPhone 16 Pro Max 512GB $1,399.99 $899.99 25 $22,499.75 iPhone 15 Pro Max 256GB $1,099.99 $599.99 25 $14,999.75 iPhone 15 128GB $729.99 $0.00 467 $0.00
Inseego MiFi X Pro 5G $264.00 $0.00 5 $0.00
Equipment Cost Total $37,499.50
Total Tax 8.75% $3,281.21
Equipment Total $40,780.71
Pricing Summary Total Monthly
Cost
One-Time
Charges
Service Plans Sub-Total $22,466.40 $0.00
Devices Sub-Total $0.00 $40,780.71
Totals $22,466.40 $40,780.71
City of San Bernardino & City of San Bernardino Police Department Monthly pricing does not include taxes & fees.
(one-time payment)

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STATE OF UTAH COOPERATIVE CONTRACT AMENDMENT
AMENDMENT #: 9
CONTRACT #: MA176
Starting Date: 7/1/2019
Expiration Date (before this amendment): 8/11/2024
Expiration Date (changed to by this amendment): 8/11/2029 TO BE ATTACHED AND MADE PART OF the specified contract by and between the State of Utah Division of Purchasing and T-Mobile USA, Inc. (Referred to as CONTRACTOR).

BOTH PARTIES AGREE TO AMEND THE CONTRACT AS FOLLOWS:

[Note: the following changes are to amend the NASPO Master Agreement.]

1. The contract’s expiration date is hereby changed from 08/11/2024 to 08/11/2029.

2. The parties agree as follows: Add the “SASE by Versa” solution – see the attached, completed “Attachment M New Product Request Form”. The “SASE by Versa” solution shall be subject to the license agreements distributed with the solution; however, in the event of a conflict in language between an end user license agreement (EULA) and the Master Agreement, the language in the Master Agreement will supersede and control.

3. The parties agree as follows: Add the “Ivanti fleet, asset and workforce management platform” solution – see the attached, completed “Attachment M New Product Request Form”. The “Ivanti fleet, asset and workforce management platform” solution shall be subject to the license agreements distributed with the solution; however, in the event of a conflict in language between an end user license agreement (EULA) and the Master Agreement, the language in the Master Agreement will supersede and control.

4. The parties agree as follows: Add the “Jamf Pro Mobile Device Management” solution – see the attached, completed “Attachment M New Product Request Form”. The “Jamf Pro Mobile Device Management” solution shall be subject to the license agreements distributed with the solution; however, in the event of a conflict in language between an end user license agreement (EULA) and the Master Agreement, the language in the Master Agreement will supersede and control.

5. The parties agree as follows: Add the “Samsung Knox Manage” Mobile Device Management solution – see the attached, completed “Attachment M New Product Request Form”. The “Samsung Knox Manage” solution shall be subject to the license agreements distributed with the solution; however, in the event of a conflict in language between an end user license agreement (EULA) and the Master Agreement, the language in the Master Agreement will supersede and control.

Effective Date of Amendment: 2/12/2024
DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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All other terms and conditions of the contract, including those previously modified, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties sign and cause this contract to be executed.

CONTRACTOR STATE OF UTAH

Contractor’s Signature Date Director, St ate of Utah Division of Purchasing Date

Contractor’s Name (Print)

Title (Print)

Approved by:

________________________
T-Mobile Legal Dept

For Division of Purchasing Internal Use
Purchasing Agent Phone # E-mail Address Contract #
Marci Woodward 801-957-7145 [email protected] MA176 (Amd #9)

DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC Vice President
David Bezzant
2/2/2024 2/2/2024

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NASPO ValuePoint Wireless Data, Voice and Accessories
Product Add Request

CJ21-3 Attachment M

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CLM #2355564

DATE: November 27, 2023

ATTN: Marci Woodward
NASPO ValuePoint Contract Administrator

RE: NASPO ValuePoint Master Service Agreement #MA176 (the “Contract”) with T-Mobile USA, Inc. (“Contractor” or “T-Mobile”)

Dear Ms. Woodward:

Action Requested:

Contractor requests to add the product(s) and/or service(s) referenced in this document (collectively, the “Products”) to the Contract.

Action Log: X Verify Log is attached

PRODUCTS: T-Mobile SASE (Secure Access Service Edge) provided by Versa, a third-party provider (“Third-Party Provider” or “Versa”)

PRODUCT OVERVIEW:

T-Mobile SASE offers a set of security capabilities t hat protects access for the work-from-anywhere workforce and remote devices (e.g. IoT, routers, fixed wireless) with a suite of advanced security capabilities on a single, unified platform for a simpler, scalable, and cost-effective solution.

T-Mobile SASE provides this protection through the capabilities of Private Access and Secure Internet Access while offering two authentication options.

Private Access uses a modern secure connection that enables protected access to company apps and data. It offers the following features:
o User Authentication and authorization offering least privileged access, ensuring only authorized users gain access to the application required.
o Direct access to cloud-hosted applications from the T-Mobile cloud gateway.

Secure Internet Access (SIA) offers a suite of advanced security capabilities that safeguards users and their data when using the internet. It offers the following features:

DocuSign Envelope ID: 6441DD98-9555-4EBB-BA7E-7DFFCE10B0C5 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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o Next-generation firewall to inspect traffic for threats as it comes from the internet to keep the threat from making it to the user’s device or organization’s intranet. Traffic inspection is looking for ransomware, malware, and viruses.
o Content filtering restricts access to websites, reducing threats of visiting a malicious site as well as potential time-wasting personal browsing.

Two Authentication Options

T-Mobile SASE offers two options to authenticate and safeguard access for users and devices. An organization could have some workers with one or the other, or both, depending on the use case, type of device, and work situation:
 T-SIMsecure (clientless) is an Industry 1st- unique to T-Mobile. T-SIMsecure integrates with the T-Mobile network to provide automatic authorization for access and protection, for a single device when on the T-Mobile network by using the T-Mobile SIM card.  SASE device client provides authorized access and prot ections to users when connected to Wi-Fi or another cellular network.

DocuSign Envelope ID: 6441DD98-9555-4EBB-BA7E-7DFFCE10B0C5 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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Describe how the product falls with the Scope of the Master Agreement:

This product is a Secure LAN Access Solution under Category 3.N.

NEW PRODUCT TERMS AND CONDITIONS. Attach any Terms and Conditions that apply to this product (such as ULA, Policy, Product Terms and Conditions). Any and all Products offered and furnished shall comply fully with all applicable Federal and State laws and regulations. Any third-party product provider must agree to the Master Agreement Terms and Conditions.

Customer’s use and/or purchase of SASE will be subject to, and shall be deemed acceptance by Customer of, the terms and conditions of the T-Mobile for Go vernment (“TfG”) SASE Solution Addendum located at https://www.t-mobile.com/business/terms-and-conditions which is hereby incorporated by reference and made a part of the Contract.

T-Mobile is solely providing Customer with access to the SASE solution, which may be accessed through the Versa Client App, a product of Versa, a third-party provider (“Third-Party Provider” or “Versa”). Customer’s use of the Versa Client App is subject to acceptance of the Versa terms of use (the “Third-Party Terms”) in the manner required by Versa and available at https://versa- networks.com/documents/Versa-Networks-EULA-End-User-License-Agreement.pdf and requires Customer to download the Versa Client App from Apple App Store or Google Play Store. The Third-Party Terms may be updated by Versa from time to time. If Customer does not agree to the Third-Party Terms, Customer will not be able to use the Versa Client App to access the SASE Services. When not on the T- Mobile network, Users are required to use the Versa App to access the SASE Services. The Third-Party Terms are solely between Versa and Customer. T-Mobile is not bound by, and does not assume any obligations, commitments or liability under the Third-Party Terms. T-Mobile does not control and is not responsible or liable for how the Versa App transmits, accesses, stores, or uses Customer data.

BILLING

Any Product added to the NASPO ValuePoint Master Agreement must be billed by the Master Agreement Contractor and not by any third party.

T-Mobile will invoice for the SASE monthly recurring charges on a monthly billing cycle in accordance with the Contract. Devices for SASE are sold separately.

DocuSign Envelope ID: 6441DD98-9555-4EBB-BA7E-7DFFCE10B0C5 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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Product Add Request

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COST:

Include a cost matrix to include NASPO ValuePoint contract pricing.

* Monthly recurring charge is net of all discounts. No other service discounts will apply. Monthly Recurring Charge(s) ("MRC") and setup charges do not include taxes, fees , or surcharges that may apply. Devices for SASE are sold separately. SASE does not protect hotspot or tethered traffic.
** Does not apply to Connecting Heroes and first responder rate plans. *** Network Management: During congestion, heavy data users (>50GB/month for most Rate Plans) may notice reduced speeds until next bill cycle due to data prioritization. See www.t-mobile.com for additional details.

[Remainder of page left blank]

DocuSign Envelope ID: 6441DD98-9555-4EBB-BA7E-7DFFCE10B0C5 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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APPROVAL:

Upon signature, NASPO ValuePoint approves the addition of the product(s) and/or service(s) referenced herein to the Contract.

Upon signature, Contractor assures that all product(s) and/or service(s) referenced herein meet the terms and conditions of the Contract and understands that NASPO ValuePoint reserves the right to audit Contractor for compliance in accordance with the terms and conditions of the Contract. NASPO ValuePoint also reserves the right (a) to request additional information with respect to the product(s) and/or service(s) throughout the life of the Contract if in the best interest of NASPO ValuePoint.

Contract Vendor:

BY: _____________________________

NAME: _____________________________

TITLE: _____________________________

DATE: _____________________________

NASPO ValuePoint:

BY: _____________________________

NAME: _____________________________

TITLE: _____________________________

DATE: _____________________________

Approved in form by:
_____________________
T-Mobile Legal Department
DocuSign Envelope ID: 6441DD98-9555-4EBB-BA7E-7DFFCE10B0C5 David Bezzant
Vice President
11/27/2023
DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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ACTION LOG
Submit updated Action Log with each Request. Log must provide history of previous requests.

CONTRACT VENDOR: T-Mobile USA, Inc.

Contact Name and Email (for questions): [email protected] DATE: November 27, 2023

DATE

SUBMITTED
ACTION REQUESTED: DATE

APPROVED
3/30/21 Dialpad Product Addition 3/31/21
9/22/21 Spireon Product Addition 9/23/21
9/24/21 Control Center IoT Product Addition 10/6/21
10/17/22 VASTLocate Product Addition 10/19/22
10/17/22 MarketSpark Product Addition 10/19/22
10/17/22 Ooma AirDial Product Addition 10/19/22
4/13/2023 Multiline Product Addition (Amendment #6) 5/10/2023 6/23/2023 Inseego Connect Manager Pr oduct Addition (Amendment #7) 7/27/2023 8/30/2023 Mystic Message Archival provided by 3 rd Eye Product Addition (Amendment #8) 10//27/2023 11/27/2023 T-Mobile SASE (Secure Access Service Edge) provided by Versa

DocuSign Envelope ID: 6441DD98-9555-4EBB-BA7E-7DFFCE10B0C5 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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CLM #2418214

DATE: December 15, 2023

ATTN: Marci Woodward
NASPO ValuePoint Contract Administrator

RE: NASPO ValuePoint Master Service Agreement #MA176 (the “Contract”) with T-Mobile USA, Inc. (“Contractor” or “T-Mobile”)

Dear Ms. Woodward:

Action Requested:

Contractor requests to add the product(s) and/or service(s) referenced in this document (collectively, the “Products”) to the Contract.

Action Log: X Verify Log is attached

PRODUCTS: Ivanti (the “Solution”) is a cloud-based fleet, asset and workforce management platform and solution provided by Ivanti, LLC, a third-party provider (the “Third-Party Provider”).

PRODUCT OVERVIEW:

Ivanti Neurons for MDM and UEM is an industry-leading mobile device management (MDM) solution for smartphones, tablets, laptops, and desktops (Android, iOS, macOS, Windows).

o Like most MDM solutions, Ivanti Neurons for MDM enables a company administrator to easily manage devices, apps, access, and security policies from a single console. Advanced mobile security features are available as an upgrade.

o Unlike most other MDMs, Ivanti offers:

 Advanced IT service management tools such as automated troubleshooting in a plan called “Ivanti Neurons for UEM”.
 A Mobile Threat Detection (MTD) app integrated into the MDM solution that can be added on with any of their MDM plans. MTD constant ly monitors a device to detect any threats such as virus or malware that the user may have accidentally downloaded.

DocuSign Envelope ID: 7E0AB8E9-2B5C-4EFB-80D8-6B3733DA79D2 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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Key Features:
 Quickly and easily onboard devices and provision them over the air with all the apps, settings and security configurations required.
 Simply, securely manage any app on virtually any device- smartphones, tablets, laptops, desktops – from a single, cloud-based console.
 Easily create profiles, set and enforce policies, and manage access and restrictions.  Distribute and manage enterprise apps and permissions; even enable secure access to business apps for others (e.g. contractors).
 Remotely locate, lock, and wipe lost or stolen devices.  Add-on Mobile Threat Defense, an app that protects and remediates against known and zero- day threats on mobile devices.
 Real-time visibility and reports on user activity, security status, compliance verification, and more from one dashboard.
 Add advanced IT service management tools (with Ivanti Neurons for UEM).  MDM/UEM: T-Mobile for Business-led deployment and support.

Describe how the product falls with the Scope of the Master Agreement:

This product is a Mobile Device Management solution under Category 3.B.

Customer’s use and/or purchase of Ivanti (the “Solution”) will be subject to, and shall be deemed acceptance by Customer of, the terms and conditions of the T-Mobile for Government (“TfG”) Ivanti Solution Addendum located at https://www.t-mobile.com/business/terms-and-conditions which is hereby incorporated by reference and made a part of the Contract.

T-Mobile is solely providing Customer with access to t he Ivanti solution, a product of Ivanti, LLC, a third- party provider (“Ivanti, LLC”). Customer’s use of the Solution is subject to acceptance of the Ivanti End User License and Services Agreement found at https://www.ivanti.com/company/legal/eula (the “Third- Party Terms”). The Third-Party Terms may be updated at any time, without notice, by the Third-Party Provider. T-Mobile is not bound by, and does not assume any obligations, commitments or liability under the Third-Party Terms.

DocuSign Envelope ID: 7E0AB8E9-2B5C-4EFB-80D8-6B3733DA79D2 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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BILLING

Any Product added to the NASPO ValuePoint Master Agreement must be billed by the Master Agreement Contractor and not by any third party.

T-Mobile will invoice for the Invanti service charges on a monthly billing cycle. The total subscription cost is non-refundable. Unless otherwise indicated on an order, Customer agrees to pay T-Mobile for all purchased licenses on a monthly basis in accordance with the Contract.

COST:

Include a cost matrix to include NASPO ValuePoint contract pricing.

Solution Description
Commercially
Available Price per
License/Month*
Ivanti Mobile Manage and Protect GOV
Must be new MDM customer to
Ivanti. Min of 20 and max of 2K
licenses
$5.50
Ivanti Neurons MDM Dvc Cld Annl Term Bill Mthly Under
500 GOV Minimum of 20 licenses $4.00
Ivanti Neurons MDM User Cl Annl Term Bill Mthly Under
500 GOV
Minimum of 20 licenses.
5 device per user $6.00
Ivanti Neurons MDM Prem Dvc Cld Annl Term Bill Mthly
Under 500 Mthly GOV Minimum of 20 licenses. $7.50
Ivanti Neurons MDM Prem User Cld Annl Term Bill Mthly
Under 500 GOV
Minimum of 20 licenses.
5 device per user $12.00
Ivanti Mobile Threat Def Cld Lookout Annl Term Bill
Mthly Under 500 GOV Add On Minimum of 20 licenses. $6.00 Ivanti Neurons UEM Prem Dvc Cld Annl Term Bill Mthly
Under 500 GOV Minimum of 20 licenses. $8.58
Ivanti Neurons UEM Dvc Cld Annl Term Bill Mthly Under
500 GOV Minimum of 20 licenses. $4.92
Ivanti CCPS Support Basic Plus Mthly GOV Add-On Mobile Device Management Subscription $0.60
Ivanti CCPS Support Advanced Mthly GOV Add-On Mobile Device Management Subscription $1.00
Ivanti Neurons MDM Dvc Cld Annl Term Bill Mthly 500
plus GOV Minimum of 20 licenses $3.40
Ivanti Neurons MDM User Cl Annl Term Bill Mthly 500
plus GOV
Minimum of 20 licenses.
5 device per user $5.10
Ivanti Neurons MDM Prem Dvc Cld Annl Term Bill Mthly
500 plus GOV Minimum of 20 licenses. $6.38
DocuSign Envelope ID: 7E0AB8E9-2B5C-4EFB-80D8-6B3733DA79D2 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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Ivanti Neurons MDM Prem User Cld Annl Term Bill Mthly
500 plus GOV
Minimum of 20 licenses.
5 device per user $10.20
Ivanti Mobile Threat Def Cld Lookout Annl Term Bill
Mthly 500 plus GOV Add-On Minimum of 20 licenses. $5.10 Ivanti Neurons UEM Prem Dvc Cld Annl Term Bill Mthly
500 plus GOV Minimum of 20 licenses. $7.30
Ivanti Neurons UEM Dvc Cld Annl Term Bill Mthly 500
plus GOV Minimum of 20 licenses. $4.18
Non-recurring
Ivanti CCPS Deployment Light GOV One-time deployment fee $500.00 Ivanti CCPS Deployment Professional Std GOV One-time deployment fee $1,000.00 Ivanti CCPS Deployment Professional Advanced GOV One-time deployment fee $5,000.00

* Monthly recurring charge is net of all discounts. No other service discounts will apply. Monthly Recurring Charge(s) ("MRC") and setup charges do not include taxes, fees, or surcharges.

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APPROVAL:

Upon signature, NASPO ValuePoint approves the addition of the product(s) and/or service(s) referenced herein to the Contract.

Contract Vendor:

BY: _____________________________

NAME: _____________________________

TITLE: _____________________________

DATE: _____________________________

NASPO ValuePoint

BY: _____________________________

NAME: _____________________________

TITLE: _____________________________

DATE: _____________________________

Approved in form by:
_____________________
T-Mobile Legal Department
DocuSign Envelope ID: 7E0AB8E9-2B5C-4EFB-80D8-6B3733DA79D2 David Bezzant
12/15/2023
Vice President
DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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ACTION LOG
Submit updated Action Log with each Request. Log must provide history of previous requests.

CONTRACT VENDOR: T-Mobile USA, Inc.

Contact Name and Email (for questions): [email protected] DATE: December 15, 2023

DATE

SUBMITTED
ACTION REQUESTED: DATE

DocuSign Envelope ID: 7E0AB8E9-2B5C-4EFB-80D8-6B3733DA79D2 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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DATE: December 15, 2023

ATTN: Marci Woodward
NASPO ValuePoint Contract Administrator

RE: NASPO ValuePoint Master Service Agreement #MA176 (the “Contract”) with T-Mobile USA, Inc. (“Contractor” or “T-Mobile”)

Dear Ms. Woodward:

Action Requested:

Contractor requests to add the product(s) and/or service(s) referenced in this document (collectively, the “Products”) to the Contract.

Action Log: ___X__Verify Log is attached

PRODUCTS: Jamf Pro is a mobile device management (MDM) solution for Apple Devices (the “Solution”) provided by San Luis Aviation, Inc. (the “Third-Party Provider”).

PRODUCT OVERVIEW:

T-Mobile provides Jamf Pro, a Mobile Device M anagement solution which provides enterprise-level features and functionalities. Manage Apple iPhones, Mac, iPad, and Apple TV devices. T-Mobile for Business-led deployment and support.

 Jamf Pro provides the ability to:
o Automate deployment and management.
o Manage device settings and configurations.
o Patch Apple devices without user interaction.
o Empower users with their own enterprise app store and customize devices for optimal user experience.
o Locate or remote lock/wipe lost or stolen devices.

 Connect Users
o Account provisioning
o Identity management
o Password sync
o Conditional access
o Customized app store
DocuSign Envelope ID: 7E0AB8E9-2B5C-4EFB-80D8-6B3733DA79D2 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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 Manage Devices
o Zero-touch deployment
o Device management
o App lifecycle management
o Customized inventory
o Security enforcement

 Jamf’s Apple focus allows for same-day support of new Apple software releases.  Same-day OS support for every macOS, iOS, iPadOS and tvOS release.

Describe how the product falls with the Scope of the Master Agreement:

This product is a Mobile Device Management Solution under Category 3.B.

Customer’s use and/or purchase of Jamf Pro will be subject to, and shall be deemed acceptance by Customer of, the terms and conditions of the T-Mobile for Government (“TfG”) Jamf Pro Solution Addendum located at https://www.t-mobile.com/business/terms-and-conditions which is hereby incorporated by reference and made a part of the Contract.

T-Mobile is solely providing Customer with access to the Jamf Pro solution, a product provided by San Luis Aviation, Inc. , a third-party provider ( “Third-Party Provider”). Customer’s use of the product is subject to acceptance of the Third-Party Provider’s EULA, Privacy, or other terms of service presented to Customer at the time of activation (collectively, the ““Third-Party Terms”) . The Third-Party Terms may be updated at any time, without notice by the T hird-Party Provider. T-Mobile is not bound by, and does not assume any obligations, commitments or liability under the Third-Party Terms.

BILLING

Any Product added to the NASPO ValuePoint Master Agreement must be billed by the Master Agreement Contractor and not by any third party.

T-Mobile will invoice for the Jamf Pro service charges on a monthly billing cycle. The total subscription cost is non-refundable. Unless otherwise indicated on an order, Customer agrees to pay T-Mobile for all purchased licenses on a monthly basis in accordance with the Contract.

DocuSign Envelope ID: 7E0AB8E9-2B5C-4EFB-80D8-6B3733DA79D2 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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COST:

Include a cost matrix to include NASPO ValuePoint contract pricing.

Solution Description
Commercially
Available Price
per
License/Month*
Jamf Pro
JAMF Pro Monthly (iOS or tvOS) under 500 GOV Mobile Device Management Subscription
$3.33
JAMF Pro Monthly (macOS) under 500 GOV Mobile Device Management Subscription
$7.17
JAMF Pro Monthly (iOS or tvOS) 500 plus GOV Mobile Device Management Subscription
$3.00
JAMF Pro Monthly (macOS) 500 plus GOV Mobile Device Management Subscription
$6.45
Non-recurring
JAMF Pro (iOS & macOS) - Deployment-A GOV One-Time Add-on Fee $1,500.00

*Monthly recurring charge is net of all discounts. No other serv ice discounts will apply. Monthly Recurring Charge(s) ("MRC") and setup charges do not include taxes, fees, or surcharges.

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APPROVAL:

Upon signature, NASPO ValuePoint approves the addition of the product(s) and/or service(s) referenced herein to the Contract.

Contract Vendor:

BY: _____________________________

NAME: _____________________________

TITLE: _____________________________

DATE: _____________________________

NASPO ValuePoint

BY: _____________________________

NAME: _____________________________

TITLE: _____________________________

DATE: _____________________________

Approved in form by:
_____________________
T-Mobile Legal Department
DocuSign Envelope ID: 7E0AB8E9-2B5C-4EFB-80D8-6B3733DA79D2 12/15/2023
David Bezzant
Vice President
DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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ACTION LOG
Submit updated Action Log with each Request. Log must provide history of previous requests.

CONTRACT VENDOR: T-Mobile USA, Inc.

Contact Name and Email (for questions): [email protected] DATE: December 15, 2023

DATE

SUBMITTED
ACTION REQUESTED: DATE

DocuSign Envelope ID: 7E0AB8E9-2B5C-4EFB-80D8-6B3733DA79D2 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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DATE: December 15, 2023

ATTN: Marci Woodward
NASPO ValuePoint Contract Administrator

RE: NASPO ValuePoint Master Service Agreement #MA176 (the “Contract”) with T-Mobile USA, Inc. (“Contractor” or “T-Mobile”)

Dear Ms. Woodward:

Action Requested:

Contractor requests to add the product(s) and/or service(s) referenced in this document (collectively, the “Products”) to the Contract.

Action Log: X Verify Log is attached

PRODUCTS: Samsung Knox Manage (the “Solution”) provides a secure, cloud-based MDM solution that provides device management to allow centralized visibility and control over Customer’s Samsung devices and compliance with Customer’s internal company policies. The Solution is a product of Samsung Electronics Co., Ltd., the third-party provider of the Solution (the “Third-Party Provider”).

PRODUCT OVERVIEW:

 Samsung Knox Manage is an easy-to-use affordable, secure cloud-based Mobile Device Management (MDM) solution that gives business cu stomers the power to manage and monitor employee devices from a centralized portal. It provides management with centralized visibility and control over employee devices, to provide the apps and access employee needs, and to help ensure security and compliance with company policies. It works with other Android, iOS and Windows 10 devices, but offers the most comprehensive security and controls for Samsung.  Samsung Knox Suite offers a comprehensive suite of enterprise mobility solutions for security, productivity, and manageability throughout the device cycle. For Samsung devices only, Knox Suite is an integrated B2B bundle offering a seamless IT admin user experience that provides end-to- end security, streamlined deployment, and comprehensive device management. (Knox Manage, Knox Mobile Enrollment, Knox E-FOTA, Knox Asset Intelligence, Knox Platform for Enterprise, Knox Support). Samsung Knox Suite is only for Samsung devices.  Both solutions leverage the granular control of defense-grade Knox OS security capabilities built into many Samsung devices.

DocuSign Envelope ID: 7E0AB8E9-2B5C-4EFB-80D8-6B3733DA79D2 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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Describe how the product falls with the Scope of the Master Agreement:

This product is a Mobile Device Management Solution under Category 3.B.

Customer’s use and/or purchase of Samsung Knox will be subject to, and shall be deemed acceptance by Customer of, the terms and conditions of the T-Mobile for Government (“TfG”) Samsung Knox Solution Addendum located at https://www.t-mobile.com/business/terms-and-conditions which is hereby incorporated by reference and made a part of the Contract.

T-Mobile is solely providing Customer with access to the Solution. Customer’s use of the Solution is subject to acceptance of Samsung Knox Legal and Privacy Policies, found here https://www.samsungknox.com/en/legal (the “Third-Party Terms”). The Third-Party Terms may be updated at any time, without notice, by the Third-Party Provider. T-Mobile is not bound by, and does not assume any obligations, commitments or liability under the Third-Party Terms. T-Mobile does not control and is not responsible or liable for how the Solution or Samsung Electronics Co., Ltd. transmits, accesses, stores, or uses data.

BILLING

Any Product added to the NASPO ValuePoint Master Agreement must be billed by the Master Agreement Contractor and not by any third party.

T-Mobile will invoice for the Samsung Knox service charges on a monthly billing cycle. The total subscription cost is non-refundable. Unless otherwise indicated on an order, Customer agrees to pay T- Mobile for all purchased licenses on a monthly basis in accordance with the Contract.

DocuSign Envelope ID: 7E0AB8E9-2B5C-4EFB-80D8-6B3733DA79D2 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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COST:

Include a cost matrix to include NASPO ValuePoint contract pricing.

Solution Description
Commercially
Available Price
per
License/Month*
Samsung Knox
Samsung Knox Suite-Monthly MI-KXKSSWWC2M0 under
500 GOV
Knox Suite Monthly includes
Manage, EFOTA, KPE $3.50
Samsung Knox Manage-Monthly MI-KXKMSWWC2M0 Under
500 GOV Knox Manage Monthly $2.00
Samsung Knox Configure-Dynamic Edtn Dvc MI-
OSKCDM1WWT2 Under 500 GOV
Knox Configure-Dynamic
Edition $0.87
Samsung Knox Suite-Monthly MI-KXKSSWWC2M0 500 plus
GOV
Knox Suite Monthly includes
Manage, EFOTA, KPE $2.98
Samsung Knox Manage-Monthly MI-KXKMSWWC2M0 500
plus GOV Knox Manage Monthly $1.70
Samsung Knox Configure-Dynamic Edtn Dvc MI-
OSKCDM1WWT2 500 plus GOV
Knox Configure-Dynamic
Edition $0.74
Non-recurring
Samsung Knox Advanced B2B Tech Spt 1 Yr MI-OVCPAA
GOV
Annual Fee - Advanced B2B
technical support 1 year $20,000.00
Samsung Knox Elite B2B Tech Spt 1 Yr MI-OVCPAB GOV Annual Fee - Elite B2B technical support 1 year $50,000.00
Samsung Knox Manage Quickstart: Secure Cntrl MI-
OVCPK3 GOV One-time deployment fee $1,699.00
Samsung Knox Mobile Deploy Service Eng per hr MI-
OVMTAA2 GOV
One-time hourly deployment
service engineers, minimum 8
hours required
$250.00
Samsung Knox Manage Quick Start: App Control MI-
OVCPK2 GOV One-time deployment fee $699.00
Samsung Knox Suite Setup Service MI-OVPSAB2 GOV One-time deployment fee $3,999.00

*Monthly recurring charge is net of all discounts. No other serv ice discounts will apply. Monthly Recurring Charge(s) ("MRC") and setup charges do not include taxes, fees, or surcharges.

DocuSign Envelope ID: 7E0AB8E9-2B5C-4EFB-80D8-6B3733DA79D2 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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APPROVAL:

Upon signature, NASPO ValuePoint approves the addition of the product(s) and/or service(s) referenced herein to the Contract.

Contract Vendor:

BY: _____________________________

NAME: _____________________________

TITLE: _____________________________

DATE: _____________________________

NASPO ValuePoint

BY: _____________________________

NAME: _____________________________

TITLE: _____________________________

DATE: _____________________________

Approved in form by:
_____________________
T-Mobile Legal Department
DocuSign Envelope ID: 7E0AB8E9-2B5C-4EFB-80D8-6B3733DA79D2 David Bezzant
Vice President
12/15/2023
DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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ACTION LOG
Submit updated Action Log with each Request. Log must provide history of previous requests.

CONTRACT VENDOR: T-Mobile USA, Inc.

Contact Name and Email (for questions): [email protected] DATE: December 15, 2023

DATE

SUBMITTED
ACTION REQUESTED: DATE

DocuSign Envelope ID: 7E0AB8E9-2B5C-4EFB-80D8-6B3733DA79D2 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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STATE OF UTAH COOPERATIVE CONTRACT AMENDMENT
AMENDMENT #: 8
CONTRACT #: MA176
Starting Date: 7/1/2019
Expiration Date: 8/11/2024
TO BE ATTACHED AND MADE PART OF the specified contract by and between the State of Utah Division of Purchasing and T-Mobile USA, Inc. (Referred to as CONTRACTOR).

BOTH PARTIES AGREE TO AMEND THE CONTRACT AS FOLLOWS:

The parties agree as follows: Add the “Mystic Message Archival” solution – see the attached, completed “Attachment M New Product Request Form”. [Note: this is an amendment to the NASPO Master Agreement.] The Mystic Message Archival solution shall be subject to the license agreements distributed with the solution; however, in the event of a conflict in language between an end user license agreement (EULA) and the Master Agreement, the language in the Master Agreement will supersede and control.

Effective Date of Amendment: 10/27/2023
All other terms and conditions of the contract, including those previously modified, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties sign and cause this contract to be executed.

CONTRACTOR STATE OF UTAH

Contractor’s Signature Date Director, Stat e of Utah Division of Purchasing Date

Contractor’s Name (Print)

Title (Print)

Approved by:

________________________
T-Mobile Legal Dept

For Division of Purchasing Internal Use
Purchasing Agent Phone # E-mail Address Contract #
Marci Woodward 801-957-7145 [email protected] MA176

DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 11/3/2023
11/15/2023
DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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DATE: August 30, 2023

ATTN: Marci Woodward
NASPO ValuePoint Contract Administrator

RE: NASPO ValuePoint Master Service Agreement #MA176 (the “Contract”) with T-Mobile USA, Inc. (“Contractor” or “T-Mobile”)

Dear Ms. Woodward:

Action Requested:

Contractor requests to add the product(s) and/or service(s) referenced in this document (collectively, the “Products”) to the Contract.

Action Log: X Verify Log is attached

PRODUCTS: Mystic Message Archival provided by 3
rd Eye Technologies, a third-party provider (the
“Third-Party Provider” or “3rd Eye”)

PRODUCT OVERVIEW:

About:

Mystic Message Archival is a solution that specializes in securely capturing and archiving SMS/MMS message logs for government devices.
 SMS/MMS messages are captured in near real-time by T-Mobile.  Once captured, messages are archived in a client or 3rd Eye hosted cloud, and the data is owned by the customer.
 IT teams can aggregate data to create reports, alerts, and dashboards which will strengthen security and legal compliance.

Mystic Message Archival is supported on T-Mobile devices and is compatible with both iOS and Android native messaging apps.

Note: Does not capture iMessage or RCS Messages. Must be disabled.

DocuSign Envelope ID: 5BF2021C-0D01-4A4E-AB59-6233ACB8650A DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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Features:
 Near real-time capturing
 Customizable dashboard for reporting and archiving
 Easily generate reports for security and legal compliance  Integrate with monitoring tools (i.e. Splunk, Palantir)

Benefits:

 e-Discovery Compliance
 Device Agnostic (Pixel, iPhone, Galaxy)
 Cloud Agnostic (AWS, Azure, Google, IBM)
 Data Storage
 Identity & Access Management
 Customizable Reports & Audits
 Cross Domain

Describe how the product falls with the Scope of the Master Agreement:

This product is an Enterprise Messaging Solution under Category 3.M.

NEW PRODUCT TERMS AND CONDITIONS. Attach any Terms and Conditions that apply to this product (such as ULA, Policy, Product Terms and Conditions). Any and all Products offered and furnished shall comply fully with all applicable Federal and State laws and regulations. Any third- party product provider must agree to the Master Agreement Terms and Conditions.

Customer’s use and/or purchase of the 3rd Eye solution will be subject to, and shall be deemed acceptance by Customer of, the terms and conditions of the T-Mobile for Government (“TfG”) 3rd Eye Solution Addendum located at https://www.t-mobile.com/business/terms-and-conditions which is hereby incorporated by reference and made a part of the Contract.

T-Mobile is solely providing Customer with network connectivity to access the 3rd Eye solution, and Customer is hereby providing authorization for 3rd Eye to retrieve Customer Information to include data such as SMS/MMS messages from T-Mobile’s network . Customer’s use of 3rd Eye is subject to acceptance of the 3rd Eye Terms of Service (the “ 3rd Eye Terms ”) found at http://3rdeyetechinc.com/privacy-policy/, and https://3rdeyetechinc.com/wp- content/uploads/2022/12/Security-Policy.docx.pdf, or any separately agreed-to terms within Customer’s contract directly with 3rd Eye. The 3rd Eye Terms are solely between 3rd Eye, Inc. and Customer. T-Mobile does not control and is not responsible or liable for how 3rd Eye transmits, accesses, stores, or uses data.

In addition, Customer’s use of the Solution is subject to acceptance of 3 rd Eye’s End User License
Agreement (the “EULA”) presented to Customer prior to downloading, installing, or using the solution. The EULA and 3rd Eye Terms are collectively referred to as the “ Third-Party Terms”. The Third-Party Terms may be updated by 3rd Eye from time to time.

DocuSign Envelope ID: 5BF2021C-0D01-4A4E-AB59-6233ACB8650A DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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BILLING

Any Product added to the NASPO ValuePoint Master Agreement must be billed by the Master Agreement Contractor and not by any third party.

T-Mobile will invoice Customer for all monthly recurring charges for the 3 rd Eye solution, and Customer
will pay T-Mobile all fees for the 3rd Eye solution consistent with the NASPO Contract pricing.

COST:

Include a cost matrix to include NASPO ValuePoint contract pricing.

Service or Feature Description Commercially Available
Price per Line/Month*
Mystic Message Archival by 3rd Eye
3rd Eye API Voice
3rd Eye API Voice enables the customer
to Capture, Archive, and Search Mobile
Text Messages on Voice Plans. T-Mobile
billed services.
$4.00
3rd Eye API Mobile
Internet
3rd Eye API Mobile Internet enables the
customer to Capture, Archive, and
Search Mobile Text Messages on Mobile
Internet Plans (select devices only). T-
Mobile billed services.
$4.00
* Monthly recurring charge is net of all discounts. No other service disc ounts will apply. Monthly Recurring Charge(s) ("MRC") and setup charges do not include taxes, fees, or surcharges that may apply.

DocuSign Envelope ID: 5BF2021C-0D01-4A4E-AB59-6233ACB8650A DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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APPROVAL:

Upon signature, NASPO ValuePoint approves the addition of the product(s) and/or service(s) referenced herein to the Contract.

Contract Vendor:

BY: _____________________________

NAME: _____________________________

TITLE: _____________________________

DATE: _____________________________

NASPO ValuePoint

BY: _____________________________

NAME: _____________________________

TITLE: _____________________________

DATE: _____________________________

Approved in form by:
___________________________________
T-Mobile Legal Department
DocuSign Envelope ID: 5BF2021C-0D01-4A4E-AB59-6233ACB8650A David Bezzant
Vice President
8/30/2023
DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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ACTION LOG
Submit updated Action Log with each Request. Log must provide history of previous requests.

CONTRACT VENDOR: T-Mobile USA, Inc.

Contact Name and Email (for questions): [email protected] DATE: August 30, 2023

DATE

SUBMITTED
ACTION REQUESTED: DATE

DocuSign Envelope ID: 5BF2021C-0D01-4A4E-AB59-6233ACB8650A DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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STATE OF UTAH

CONTRACT AMENDMENT

AMENDMENT # 7 To CONTRACT # MA176

TO BE ATTACHED TO AND MADE A PART OF the above numbered contract by and between the State of Utah, Division of Purchasing referred to as State Entity and, T-Mobile USA, Inc., referred to as Contractor.

THE PARTIES AGREE TO AMEND THE CONTRACT AS FOLLOWS:

1. Contract period:

2. Other changes: (attach other sheets if necessary):

The parties agree as follows: Add the “Inseego Connect Manager” solution – see the attached, completed “Attachment M New Product Request Form”. [Note: this is an amendment to the NASPO Master Agreement.] The Inseego Connect Manager solution shall be subject to the license agreements distributed with the solution; however, in the event of a conflict in language between an end user license agreement (EULA) and the Master Agreement, the language in the Master Agreement will supersede and control.

3. Effective Date of Amendment: 07/28/2023

All other conditions and terms in the original contract and previous amendments remain the same.

IN WITNESS WHEREOF, the parties sign and cause the amendment to be executed.

CONTRACTOR STATE

Contractor's signature Date Director, Division of Purchasing Date

David Bezzant, Vice President
Type or Print Name and Title

Marci Woodward 801-957-7145 [email protected]
State of Utah Contact Person Telephone Number Email

(Revision 05 June 2022)

Approved by:

________________________
T-Mobile Legal Dept
07/01/2019 (original starting date)

08/11/2024 (current ending date)

08/11/2024 (unchanged) new ending date
DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 7/27/2023 7/27/2023
DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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CLM #1918150

DATE: June 23, 2023

ATTN: Marci Woodward
NASPO ValuePoint Contract Administrator

RE: NASPO ValuePoint Master Service Agreement #MA176 (the “Contract”) with T-Mobile USA, Inc. (“Contractor” or “T-Mobile”)

Dear Ms. Woodward:

Action Requested:

Contractor requests to add the product(s) and/or service(s) referenced in this document (collectively, the “Products”) to the Contract.

Action Log: __X____Verify Log is attached

PRODUCTS: Inseego Connect Manager Access

PRODUCT OVERVIEW:

Inseego Connect Manager is a cloud-based configuration and monitoring application that enables you to remotely monitor device status.

The Inseego Connect Manager Access feature offers Customers a multi-tiered configuration and monitoring platform giving them the ability to:
o Configure devices remotely
o Prevent data overages
o Eliminate costly truck rolls
o Identify theft and tampering
o Enhance security
 Customers can manage one or more devices remotely via the cloud  Feature is only available with Government Fixed Wireless rate plan (bundled with Inseego device)  Billing Account Number (BAN) level rate plan (SOC) provides Customers access to manage every T-Mobile Inseego device on account.

DocuSign Envelope ID: 3FC2F7A1-2612-4E56-BD05-F92C8AC00547 DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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Describe how the product falls with the Scope of the Master Agreement:

This Product is a Mobile Device Management Solution under Category 3.B.

NEW PRODUCT TERMS AND CONDITIONS. Attach any Terms and Conditions that apply to this product (such as ULA, Policy, Product Terms and Conditions). Any and all Products offered and furnished shall comply fully with all applicable Federal and State laws and regulations. Any third- party product provider must agree to the Master Agreement Terms and Conditions.

Customer’s use of the Inseego Connect device management platform (the “Inseego Connect Service”) is subject to the Inseego Connect Service Agreement, located at: Inseego Connect services agreement | Inseego , as well as the Inseego Connect User Guide, located at: Inseego Connect User Guide (collectively, the “Inseego Terms”). Customer’s use of the Inseego Connect Service is deemed to be acceptance by the Customer of the Inseego Terms. If any hardware or equipment purchased by Customer from T-Mobile includes any software neces sary to use the Inseego Connect Service, Customer’s use of such software is also governed by the Inseego Terms and such software is part of the Inseego Connect Service. The Inseego Terms are solely between Inseego and Customer. T-Mobile is not bound by, and does not assume any obligations, commitments or liability under the Inseego Terms.

T-Mobile does not control and is not responsible or liable for how Inseego transmits, accesses, stores, or uses data.

BILLING

Any Product added to the NASPO ValuePoint Master Agreement must be billed by the Master Agreement Contractor and not by any third party.

All features and charges for Inseego Connect Access Manager are billed by T-Mobile.

COST:

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Include a cost matrix to include NASPO ValuePoint contract pricing.

PRODUCT BUSINESS INTERNET FEATURES MRC*
Inseego Connect
Access - Account
Level Only
 Inseego Connect Access provides access to Inseego Connect, a cloud based remote manager, for T-Mobile provided Inseego routers.  Provides Manager level access on T-Mobile's Inseego Connect instance, which allows for remote management of devices.  Requires a T-Mobile owned Inseego FX device(s) – not available for customer owned Inseego devices.
 Feature is only available with Government Fixed Wireless rate plan bundled with Inseego Devices.

Note:
 Customer can have two instances; one for customer owned devices, and one for T-Mobile owned devices. Instances cannot be combined into one.
 If Customer has their own Inseego Connect instance, T-Mobile owned devices will not be visible in tool.
 If the device was purchased outright, its not visible on the T-Mobile instance.
$15.00
*Monthly recurring charge (“MRC”) is net of all discounts. No ot her service discounts will app ly. MRC does not include taxes, fees, or surcharges.

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DocuSign Envelope ID: 3FC2F7A1-2612-4E56-BD05-F92C8AC00547 DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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APPROVAL:

Upon signature, NASPO ValuePoint approves the addition of the product(s) and/or service(s) referenced herein to the Contract.

Contract Vendor:

BY: _____________________________

NAME: _____________________________

TITLE: _____________________________

DATE: _____________________________

NASPO ValuePoint

BY: _____________________________

NAME: _____________________________

TITLE: _____________________________

DATE: _____________________________

Approved by:
_______________________
T-Mobile Legal Dept.

DocuSign Envelope ID: 3FC2F7A1-2612-4E56-BD05-F92C8AC00547 Vice President
David Bezzant
6/23/2023
DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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ACTION LOG
Submit updated Action Log with each Request. Log must provide history of previous requests.

CONTRACT VENDOR: T-Mobile USA, Inc.

Contact Name and Email (for questions): [email protected] DATE: June 23, 2023

DATE

SUBMITTED
ACTION REQUESTED: DATE

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STATE OF UTAH
CONT

RACT AMENDMENT
AMENDMENT # 6 To CONTRACT # MA176

TO BE ATT
ACHED TO AND MADE A PART OF the above numbered contract by and between the State of Utah, Division of Purchasing referred to as State Entity and, T-Mobile USA, Inc., referred to as Contractor.

THE PART
IES AGREE TO AMEND THE CONTRACT AS FOLLOWS:

1. Contrac
t period:

2. Other changes: (attach
other sheets if necessary):

The parties agree as follows: Add the
“Multiline Service by Movius” product – see the attached, completed “Attachment M New Product Request Form”. [Note: this is an amendment to the NASPO Master Agreement.]

3. Effective Date of Amendment: 05/10/2023
All other conditions and terms in the original contract and previous amendments remain the same.

IN WITNESS WHEREOF, the parties sign and cause the amendment to be executed.

CONTRACTOR STATE
Contractor's signature Date Director, Division of Purchasing Date David Bezzant, Vice President
Type or Print Name and Title
Marci Woodward 801-957-7145 [email protected]
State of Utah Contact Person Telephone Number Email
(
Revision 05 June 2022)
Approved by:
________________________
T-Mobile Legal Dept
07/01/2019 (original starting date)
08/11/2024 (current ending date)
08/11/2024 new ending date
DocuSign Envelope ID: 04031A24-BA9C-48C2-9727-776570BE5B31 5/16/2023
5/16/2023
DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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DATE: April 13, 2023

ATTN: Marci Woodward
NASPO ValuePoint Contract Administrator

RE: NASPO ValuePoint Master Service Agreement #MA176 (the “Contract”) with T-Mobile USA, Inc. (“Contractor” or “T-Mobile”)

Dear Ms. Woodward:

Action Requested:

Contractor requests to add the product(s) and/ or service(s) referenced in this document (collectively, the “Products”) to the Contract.

Action Log: __X___ Verify Log is attached

PRODUCTS: MultiLine Service by Movius (“MultiLine Service”)

(NOTE: This Service was previously on Sprint’s NASPO Master Service Agreement #MA262 and is being reintroduced with additional features and price points on this Contract).

PRODUCT OVERVIEW:

MultiLine Service is a cloud-based voice and Short Message Service (SMS) solution that deploys an additional U.S. domestic phone number on a smartphone device. The MultiLine Service is made available through an application (the “ MultiLine App”) that is provided and operated by Movius Interactive Corporation (“Movius”), a third-party provider of T-Mobile. The smartphone device may be either a corporate-issued or employee-owned mobile device. Customer may use a new phone number or port an existing phone number for use with the MultiLine Service.

For the MultiLine Service to function, the MultiLine App must be downloaded to the smartphone of each end-user of the Customer (each an “Individual Device Holder”). The MultiLine App can be downloaded from the Apple App Store, the Google Play Store, or through selected mobile device management platforms.

MultiLine Service can help address many communication management use cases and provides features including:

DocuSign Envelope ID: C298748D-537C-4597-B246-D26AE6F149AA DocuSign Envelope ID: 04031A24-BA9C-48C2-9727-776570BE5B31 DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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 Voice and/or SMS recording required
 High bar for security & data protection
 Reach clients on their preferred channels
 Compliance across GSM, Data and Wi-Fi

MultiLine Service also helps maintain continuity of service and reduce business risk by allowing an organization to centrally manage employer-issued numbers simply and at scale.

Customers can choose from these three plan options:

MultiLine Standard

 Included benefits
 Unlimited Voice and Text
 Scam ID
 Stateside international calling functionality
 CAN/MEX calling, and text included
 Carrier and device-agnostic
 Admin portal for compliance
 Fully featured work phone via over-the-top application

MultiLine Plus

 Includes all features of MultiLine Standard in addition to:
 Message capture
 Message opt-in/out
 Message blocking
 Message redaction

MultiLine Enterprise

 Includes all features of MultiLine Standard and MultiLine Plus in addition to:
 Voice Recording

MultiLine Service customers can request add-on integration options and enhanced functionality options. Some additional functionality is added via a regular add-on rate plan (SOC), while others are added via a one-time charge. Add-on SOCs and onetime charge codes are eligible on NASPO plans.

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Integration Options:

WhatsApp Messaging Channel

 Full integration with WhatsApp Messaging Connector allows compliant WhatsApp messaging directly inside MultiLine.

Salesforce Integration

 Full integration with Salesforce that allows all MultiLine calls and texts to be automatically logged as an activity against contact and lead record.

Blackberry Dynamics Integration

 Full integration with BlackBerry Dynamics, offering automatic phone number recognition for phone numbers appearing in any BlackBerry Dynamics Container Apps.
 Not compatible with Microsoft Intune Integration.

Microsoft Intune Integration

 Full integration with Microsoft Intune, offering Single Sign On, biometric authentication, sync with Exchange Contacts, and automatic phone number recognition for easy dialing.
 Not compatible with Blackberry Dynamics.

Enhanced Functionality Options:

Digital Safe SFTP

 An automated process to push the recordings to the client using encrypted SSH File Transfer Protocol (SFTP).

Digital Safe API

 Movius has exposed APIs that allow a client to extract recordings on the Movius Platform.

SIPREC Call Recording

 Secure connection from Movius Cloud to Client Data Center (DC).

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Describe how the product falls with the Scope of the Master Agreement:

MultiLine Service is a Mobile Integration/Mobile Substitution Solution under Category 3.C.

NEW PRODUCT TERMS AND CONDITIONS. Attach an y Terms and Conditions that apply to this product (such as ULA, Policy, Product Terms and Conditions). Any and all Products offered and furnished shall comply fully wi th all applicable Federal and State laws and regulations. Any third- party product provider must agree to the Master Agreement Terms and Conditions.

Please see the MultiLine Service Addendum incorporated herein including the MultiLine Data Protection Requirements Exhibit, which each Cust omer utilizing MultiLine Service with T-Mobile is required to sign for associated Terms and Conditions.

T-Mobile is solely providing Customers with network connectivity to access the MultiLine Service, which is a third-party solution. Customer’s use of the MultiLine Service is subject to acceptance of the Movius End Software License Terms (the “Movius EULA”). If a Customer does not agree to the Movius EULA, the Customer will not be able to purchase and use the MultiLine Service.

The Movius EULA is solely between Movius and the Customer. T-Mobile is not bound by, and does not assume any obligations, commitments or liability under the Movius EULA.

BILLING

Any Product added to the NASPO ValuePoint Master Agreement must be billed by the Master Agreement Contractor and not by any third party.

All features and charges for MultiLine Service are billed on a monthly basis by T-Mobile.

COST:

Include a cost matrix to include NASPO ValuePoint contract pricing.

Monthly Recurring Charge(s) (“ MRC”) are monthly service charges and fees for the Services.

MRCs do not include taxes, fees (including fees related to additional features), surcharges, or non-recurring charges (such as international roaming charges). MRC is net of all discounts. No other service discounts will apply.

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MultiLine Service Description Commercially Available
Price per Line/Month
MultiLine
Standard Gov't
• Highly-secure and compliant enterprise-grade app that puts a separate fully functional work phone with a business number on any smartphone, regardless of what wireless
service provider they use.
• Requires an active Voice line with data.
• The MultiLine app is only available on iOS or Android smartphone platforms.
• Tax Exclusive.
$13.94
MultiLine Plus
Gov't
• Highly-secure and compliant enterprise-grade app that puts a separate fully functional work phone with a business number on any smartphone, regardless of what wireless
service provider they use.
• Plus includes message capture, message opt-in/out,
message blocking, and message redaction.
• Requires an active Voice line with data.
• The MultiLine app is only available on iOS or Android smartphone platforms.
• Tax Exclusive.
$18.04
MultiLine
Enterprise Gov't
• Highly-secure and compliant enterprise-grade app that puts a separate fully functional work phone with a business number on any smartphone, regardless of what wireless
service provider they use.
• Includes message capture, message opt-in/out, message blocking, message redaction, and voice recording.
• Requires an active Voice line with data.
•The MultiLine app is only available on iOS or Android
smartphone platforms.
•Tax Exclusive.
$24.60
Add-On Features Description Commercially Available
Price per Line/Month
Blackberry
Dynamics
Integration
Blackberry Dynamics Integration add-on feature integrates your MultiLine app with your BlackBerry Unified Endpoint Management (UEM). BlackBerry Unified Endpoint
Management is purchased separately and is not provided
directly by T-Mobile.
$3.25
Microsoft Intune
Integration
Microsoft Intune Integration add-on feature integrates your MultiLine app with your Microsoft Intune Mobile Device
Manager (MDM). Microsoft Intune is purchased separately and not provided directly from T-Mobile.
$3.25
Salesforce
Integration
Salesforce Integration add-on feature integrates your
MultiLine app with your Enterprise Salesforce Organization.

Enterprise Salesforce Organization is purchased separately and is not provided directly by T-Mobile.
$20.00
DocuSign Envelope ID: C298748D-537C-4597-B246-D26AE6F149AA DocuSign Envelope ID: 04031A24-BA9C-48C2-9727-776570BE5B31 DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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WhatsApp
Messaging
Channel
WhatsApp Messaging Channel add-on feature allows
compliant WhatsApp messaging directly inside of your
MultiLine app. WhatsApp services are purchased separately and are not provided directly by T-Mobile.
$29.00
One-Time
Charges Description One-Time Charge
Digital Safe:

SFTP
An automated process to push the recordings to the client using encrypted SFTP. This push would be in a CSV file
which contains voice metadata and/or SMS metadata and
SMS content. Associated media for voice content will be pushed separately. The records and media on Movius Cloud are then securely purged. The client is responsible for ensuring their archiving vendor can ingest the records. $2,250.00
Digital Safe: API
Movius has exposed APIs that allow a client to extract
recordings on the Movius Platform. Recordings must be
extracted within 72 hours.
$2,250.00
SIPREC Call
Recording
Secure connection from Movius Cloud to Client Data Centre.

Calls are streamed live to the Client DC – no recording or storage on Movius at all. In the event the live stream to Client DC fails for some reason, the actual call will be dropped to ensure a call will not occur if recording fails. $45,500.00
ML IP
Whitelisting
Allow listing of End User’s IP addresses for Movius
Management Portal (MMP) admin access and API URLs. $12,500.00 Direct Links Cost
Indicator
Link charges needed to make the connection from Movius to the customer for SIPREC.
$12,500.00
(billed annually)

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APPROVAL:

Upon signature, NASPO ValuePoint approves the addition of the product(s) and/or service(s) referenced herein to the Contract.

Contract Vendor:

BY: _____________________________

NAME: _____________________________

TITLE: _____________________________

DATE: _____________________________

NASPO ValuePoint

BY: _____________________________

NAME: _____________________________

TITLE: _____________________________

DATE: _____________________________

Approved by:
_______________________
T-Mobile USA, Inc. Legal
DocuSign Envelope ID: C298748D-537C-4597-B246-D26AE6F149AA 4/13/2023
David Bezzant
Vice President
DocuSign Envelope ID: 04031A24-BA9C-48C2-9727-776570BE5B31 DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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T-MOBILE MULTILINE SERVICE ADDENDUM
This T‐Mobile MultiLine Service Addendum (“Service Addendum”) which shall be effective as of the date of the second Party signs this Addendum below (the “Addendum Effective Date”) is by and between T‐Mobile USA, Inc., a Delaware corporation (“T‐Mobile”), and [Customer Name], a(n) [state of formation] [type of entity, e.g., school district, or municipality], with its principal place of business at [Customer address] (“[Short Name]” or “Customer”).

For purposes of this Addendum, T‐Mobile and Customer are sometimes collectively referred to as the “Parties,” and individually as a “Party.”
Description of Solution. T‐Mobile will provide the MultiLine Service to Customer. The MultiLine Service is a cloud‐based voice and Short Message Service (SMS) text Service that deploys an additional U.S. domestic phone number on a wireless smartphone device. The MultiLine Service is made available through an application (the “MultiLine App”) that is provided and operated by Movius Interactive Corporation (“Movius”), a third‐party provider of T‐Mobile. Customer may use a new phone number or port an existing phone number for use with the MultiLine Service. For the MultiLine Service to function, the MultiLine App must be downloaded to the smartphone of each Customer User. The MultiLine App can be downloaded from the Apple App Store, the Google Play Store, or through selected mobile device management platforms. The MultiLine Service also requires each device of each Customer User to maintain a separate wireless plan with any wireless telecommunications carrier. This wireless plan, and the native wireless number of the wireless plan, is leveraged to facilitate voice calls and SMS messages through the MultiLine Service.

Underlying Agreement. References to “Agreement” in this Addendum mean the: NASPO ValuePoint Master Service Agreement #MA176 (“Agreement”). (“Agreement”). Use of the MultiLine Service Solution is subject to acceptance of this Addendum, the terms set out herein, including the attached and incorporated Exhibit A.

The terms and conditions of this Addendum or the Agreement will not be modified or superseded by any terms and conditions
in a Customer‐generated purchase order (“Order”). Orders will have no force or effect other than to denote quantity, the products or services purchased, delivery destinations, requested delivery dates and any other information required by this Addendum or the Agreement.

The following terms and conditions will apply to Customer’s purchase and use of MultiLine Service.

1. MultiLine End User Terms. T‐Mobile is solely providing Customer with network connectivity to access the MultiLine Service, which is a third‐party solution. Customer’s use of the MultiLine Service is subject to acceptance of the Movius End Software License Terms (the “Movius EULA”). If Customer does not agree to the Movius EULA, Customer will not be able to purchase and use the MultiLine Service. The Movius EULA is solely between Movius and Customer. T‐Mobile is not bound by, and does not assume any obligations, commitments or liability under the Movius EULA.

2. MultiLine Limitations. The MultiLine Service is only available for use by Customer Users that are based in the United States. While Customer Users may use the MultiLine Service while traveling internationally, Customer will ensure that each Customer User utilizing the MultiLine Service is based in the United States.

The MultiLine Service is also limited to communications for Customer’s business purposes only, to support Customer’s normal and ongoing operations, its employees, and its customers.

3. MultiLine Recording. Customer may purchase MultiLine Mobile Recording, which provides the ability to record voice calls and/or SMS messages for communications utilizing the MultiLine Service. Recordings will be stored with Movius for up to 14 days, as agreed between T‐Mobile and Customer, and Customer will DocuSign Envelope ID: C298748D-537C-4597-B246-D26AE6F149AA DocuSign Envelope ID: 04031A24-BA9C-48C2-9727-776570BE5B31 DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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then have the ability to download the recordings to a Customer site archive location. All recordings are performed through the MultiLine App operated by Movius and, as such, T‐Mobile will have no liability for any failure related to the recording or storage of voice calls or SMS messages. Customer will be fully responsible for complying with all applicable laws and regulations related to recording voice calls or SMS messages, including providing notices to, and obtaining consents from, end users whose communication is being recorded.

4. Billing/Fees. Customer will be charged for MultiLine Service on a monthly billing cycle basis in accordance with the Agreement. The pricing for the MultiLine Service is listed in Attachment 1 (MultiLine Pricing) of this Addendum.

5. Responsibility for the MultiLine Service. Customer acknowledges and agrees that the MultiLine Service, including the Software, MultiLine App, and MultiLine Portal, are hosted and operated by Movius, a third‐ party provider of T‐Mobile, and that T‐Mobile’s role in the MultiLine Service is limited to facilitating issuance of wireless numbers and providing the T‐Mobile Network Service. As a result, T‐Mobile does not control and expressly disclaims all liability related to or arising from the MultiLine Service, including Customer’s use of the MultiLine Service, or liability related to or arising from any updates, modifications, outages, failures, corruption of data, loss of data, discontinuance of services, or termination of Customer’s account by the MultiLine Service. T‐Mobile is also not responsible for wireless connections for the MultiLine Service that are not provided via the T‐Mobile Network Service. The “T‐Mobile Network Service” means T‐Mobile’s nationwide network. This Service Addendum supplements and does not amend the Agreement.

6. Customer Data. T‐Mobile will not have access to any Customer data generated through the MultiLine App and, to the extent T‐Mobile does have access to Customer data, such data will be encrypted, and T‐Mobile will not have access to any key, code, or related information to decrypt the data or to otherwise be able to view or discover the original content of the data. As such, T‐Mobile does not control and is not responsible or liable for how the MultiLine Service transmits, accesses, stores, or uses Customer data. Notwithstanding the foregoing, T‐Mobile will endeavor to ensure that Movius complies with the information security provisions in Exhibit A to this Service Addendum (the “MultiLine Data Protection Requirements Exhibit”).

T‐Mobile and Customer acknowledge and agree that the MultiLine Data Protection Requirements Exhibit will only apply to the MultiLine Service and will not apply to any other services provided by T‐Mobile under the Agreement.

7. T‐Mobile’s Responsibilities
a. T‐Mobile will provide Customer with access (a “Portal Access”) to an administration portal of the MultiLine Service (the “MultiLine Portal”).
b. T‐Mobile will use commercially reasonable efforts to identify ways to improve the MultiLine Service with Movius, including applying proven techniques and tools within its operations. c. T‐Mobile will not complete calls using the MultiLine Service to 900, 976 and similar numbers for pay‐per‐call services.

8. Roaming and Other Charges for Wireless Plan. Customer is responsible for all charges and fees for the wireless plan that Customer or its Users maintain for each device that uses the MultiLine Service. Such charges and fees include usage overage charges, or roaming charges (including international roaming charges) when using the MultiLine Service outside of the in‐network boundaries of the wireless plan.

Customer will notify all of its Users of this possibility, and T‐Mobile will have no liability for any roaming charges, data usage or overages incurred by the Customer User. Through the MultiLine App, Users may select the MultiLine Service to use their cellular network and use their allotted voice minutes or data limits DocuSign Envelope ID: C298748D-537C-4597-B246-D26AE6F149AA DocuSign Envelope ID: 04031A24-BA9C-48C2-9727-776570BE5B31 DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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under the wireless plan, or they may elect to use WiFi only. Customer Users can potentially avoid additional roaming and usage charges by selecting WiFi only when using the MultiLine Service, depending on the specific terms and conditions of the underlying wireless plan.

9. Emergency Service Limitations. When using the MultiLine Service to call 9‐1‐1 on a smartphone device in “minutes mode,” the MultiLine Service is designed to default to the native dialer on the device and attach to the strongest signal available from an available compatible wireless network. Wireless carriers are required under federal regulation to carry all calls to 9‐1‐1 that are received over their wireless network.

Before using the MultiLine Service on a smartphone device in “data mode,” the Customer User must register a location to route a 9‐1‐1 call to the appropriate public safety answering point for that location. The registered location will be provided to the public safety answering point to assist in locating the device calling 9‐1‐1. Customer acknowledges that if a Customer User’s mobile device does not have cellular telephone service available or the MultiLine App is not set to use the cellular telephone service, the User may not be able to call 9‐1‐1 using the MultiLine Service. A Customer User’s mobile device may be able to complete a 9‐1‐1 call using the MultiLine Service when WiFi is available even when cellular telephone services are not. 9‐1‐1 calls using the MultiLine Service are subject to the following:
a. 911 Access Terms. The 911 Access Terms on Schedule 2, attached to this Service Schedule and incorporated herein, will be applicable to all 9‐1‐1 calls and messages using the MultiLine Service. b. Inbound Call Blocking. If a Customer User sets the MultiLine App to “Do Not Disturb,” “Call Scheduling,” or “Call Forwarding,” an inbound call through the MultiLine Service, including from a 9‐1‐1 call center, will follow that setting. Before calling 9‐1‐1 in data mode, Customer Users should set the MultiLine App to allow inbound calls.

10. Software Ownership and License.

a. Customer acknowledges that T‐Mobile or Movius retain all right, title and interest in and to the Software, the MultiLine Service, and the documentation (including any copies thereof), and ownership of all intellectual property rights pertaining thereto. The term “Software” means any software or software components provided, licensed, or used by Customer and its Users in connection with the MultiLine Service.

b. Subject to the terms and conditions of the Agreement and this Service Addendum, including the payment of all charges, T‐Mobile grants to Customer, and to any Customer User authorized by Customer to use the MultiLine App, a limited, non‐exclusive, non‐transferable right to install, execute, copy, access and use the MultiLine App which may be downloaded onto the device of a Customer User solely for use with the MultiLine Service. The MultiLine Service is licensed to Customer solely for business purposes. All additional rights not expressly granted herein (unless they are core features or functionality reasonably required for the Software or the MultiLine Addendum) are reserved to T‐Mobile or Movius.

c. T‐Mobile may suspend, block or terminate Customer’s or any Customer User’s use of any software if Customer fails to comply with the licensing requirements included herein and in the Agreement.

Upon termination or expiration of the Agreement or the applicable service, any applicable software license will terminate, and Customer will immediately delete or return any T‐Mobile provided Software to T‐Mobile.

d. Customer shall not, and shall not permit any third party to: (a) use or reproduce the Software, except as expressly permitted herein and under the Agreement; (b) adapt, alter, modify, remove, DocuSign Envelope ID: C298748D-537C-4597-B246-D26AE6F149AA DocuSign Envelope ID: 04031A24-BA9C-48C2-9727-776570BE5B31 DocuSign Envelope ID: 5E2BDF7F-2CEC-4F57-AA84-F8696BD0F894 DocuSign Envelope ID: 37869B1E-12C0-4216-A9AD-9B24806E9F94 DocuSign Envelope ID: CB963A55-DA9B-4FEF-8EF1-A4061175D1CC

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CLM # 1914644
reverse engineer, decompile, disassemble, attempt to derive the source code for the Software, or otherwise obscure any proprietary notices on the Software or MultiLine Service; (c) rent, loan, sublicense, distribute or otherwise transfer the Software or the right to receive MultiLine Service to any third party; (d) encumber or suffer to exist any lien or security interest on any Software; or (e) use features, functionality or ports of the Software (or of the MultiLine Service) for which T‐ Mobile has not been paid.

e. Customer owns all rights in Customer’s Recordings and related records created through Customer’s use of the MultiLine Service.

f. T‐Mobile may advise Movius of each Customer User’s name, address and intended use of Software (or the MultiLine Service) and provide Movius with a copy of the relevant license agreement, and any service order or purchase order in advance. Customer agrees to such disclosures.

11. Miscellaneous. The Agreement and this Service Addendum constitute the complete, final, and exclusive understanding between Customer and T‐Mobile regarding the subject matter of this Service Addendum. In the event of any inconsistency between the terms of this Service Addendum and the terms of the Agreement, the terms of this Service Addendum will control for purposes of the MultiLine Service. The Agreement and this Service Addendum supersede all prior understandings, communications, and agreements between Customer and T‐Mobile with respect to the MultiLine Service.

12. Term and Termination. The term of this Service Addendum will commence on the Addendum Effective Date and will continue on a month‐to‐month basis. Either Party may terminate this Service Addendum without cause upon thirty (30) days’ prior written notice to the other Party pursuant to the notice requirements in the Agreement. Either Party may terminate this Addendum without penalty if the other Party materially breaches this Service Addendum and such breach is not cured within thirty (30) days after the breaching Party receives written notice of such breach from the non‐breaching Party. This Service Addendum and all rights and obligations hereunder, except those expressly indicated to survive, will terminate immediately upon termination or expiration of the Service Addendum or the Agreement. Unless otherwise set forth in the Agreement or this Service Addendum, termination or expiration of this Service Addendum does not terminate the Agreement or any rights or obligations in the Agreement. The following sections will survive any expiration or termination of this Addendum: Sections 1, 3, 4, 5, 6, 8, and 10.

T‐Mobile USA, Inc. [Customer Name]
By: _________________________________________

Name:_______________________________________

Title: ________________________________________

Date: _______________________________________
By: ________________________________________

Name: _______________________________________

Title: _______________________________________

Date: _______________________________________

Legal Approved by:
___________________________________________
T‐Mobile USA, Inc. Legal Department

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Mayor and City CouncilMarch 5, 2025

Mayor and City Council
March 5, 2025