Agenda packet — Mayor and City Council, June 4, 2025 (part 3 of 4)

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: June 4, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Tanya Romo, Deputy City Manager;
Jeannie Fortune, Interim Director of Finance and Management Services
Department: Finance and Management Services
Subject: Approve the 2025 Fireworks Regulatory Fee Rate or Adopt an Urgency Ordinance establishing a One-Year
Moratorium on the Sale and Use of Safe and Sane
Fireworks for FY2025-26 (All Wards)
Recommendation:

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

1. Adopt Resolution No. 2025-301 setting the 2025 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City; or

2. Introduce, Read by Title Only, Waive Further Reading of, and Adopt Urgency Ordinance MC-1652 adding a new Section 8.60.180 to the City’s Municipal Code (“Code”) establishing a one-year moratorium on the sale and use of safe and sane fireworks in the City; and direct Staff to prepare a Regular Ordinance establishing a one-year moratorium on the sale and use of safe and sane fireworks in the City.

Executive Summary
The City’s staff recommend that the Council either:

1. Adopt Resolution No. 2025-301, which sets the 2025 Regulatory Fee Rate at 10% for the sale of "safe and sane" fireworks. This fee is based on the gross sales of fireworks and aims to cover the regulatory costs associated with issuing permits and enforcing Code provisions. The City allows up to 35 licenses for nonprofit agencies to sell fireworks each year, with the regulatory fee split equally between licensees and suppliers. The anticipated cost of regulation and

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enforcement for 2025 is $269,844; while the estimated revenue from the 10% fee is $94,708. This action supports the City's strategic goal of improved operational and financial capacity and aligns with maintaining fiscal accountability; or

Background
The City is one of nine municipalities in the County of San Bernardino that allow for the sale, use, possession, and discharge of fireworks designated as “safe and sane.” Under the current provisions of the Code, “safe and sane” fireworks are permitted in all areas south of the 210 Freeway in the City as set forth in the City’s Prohibited Fireworks Areas (attached hereto as Exhibit A) from noon on July 1st through midnight on July 4th.

The City currently allows up to 35 licenses to nonprofit agencies for the sale of “safe and sane” fireworks each year. In 2024, 27 temporary use permits were issued for fireworks stands. A regulatory fee for the sale of “safe and sane” fireworks is established annually by the Mayor and City Council based on the gross sales of all fireworks sold in the City. The purpose of the regulatory fee is to raise funds to cover the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Code, including extra personnel time for inspection and enforcement duties. To date, the City has received 27 applications, which are still going through review and processing. Final approval will be completed by June 20, 2025.

At the April 16, 2025 regular Council meeting, Council Member Ortiz proposed the consideration of a one-year moratorium on the sale and use of safe and sane fireworks within the City. Government Code Section 36937 authorizes urgency ordinances that can take effect immediately for the preservation of the public peace, health, and/or safety (with such ordinances containing a declaration of the facts constituting the urgency; this is passed by a 4/5 vote of the Council [6 yes votes]).

Discussion
SETTING OF 2025 REGULATORY FEE
The proposed amount of the regulatory fee is based on the licensee’s fireworks sales financial statements from the prior year. Each licensee is required to submit fireworks sales financial statements to the Business Registration Office no later than August 31 of every year. Half the regulatory fee is paid by the licensee, and the remaining half is paid by the fireworks supplier. In accordance with Section 8.60.095(B) of the Code, the regulatory fee rate shall not exceed more than 10% of the total gross sales of fireworks

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sold in the City during the prescribed timeframes (July 1st through July 4th).

Each year (prior to imposing a fee) staff prepares an Expenditure of Estimates (attached hereto as Exhibit B) of the anticipated costs associated with the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Code; including extra personnel time for inspection and enforcement duties. Exhibit B provides an assessment itemized by the department of the costs associated with fireworks sales (including the staff time incurred by the Police Department, Finance Department for Business Registration, and other related costs). The Council must adopt this regulatory fee rate no later than 7:00 p.m. on July 1 as provided for in Section

8.60.095(B) of the Code.

URGENCY ORDINANCE
The City desires to establish a temporary moratorium on the sale and use of fireworks that when used become Dangerous Fireworks within the City for a period of one (1) year while the City reassesses whether it should continue allowing the sale and use of fireworks within the City or entirely ban their sale and use in the future. The City experiences increased firework related calls caused by the use of safe and sane fireworks used in an dangerous manner (“Dangerous Fireworks”) during the July 4 th Celebrations despite the Code’s limitations. Enforcement of the prohibition of Dangerous Fireworks (through patrols and other means by Police and Fire Personnel) are made more complex and financially burdensome when such Dangerous Fireworks are simultaneously discharged.

This Urgency Ordinance is declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety, and welfare of the City.
2021-2025 Strategic Targets and Goals
Revenue from the 2025 Regulatory Fee Rate of 10% for the sale of fireworks aligns with Key Target No. 1: Improved Operational and Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.

Fiscal Impact
There is no fiscal impact with the adoption of this Resolution. Costs associated with enforcement and estimated revenues are included in the Fiscal Year 2025/26 Operating Budget. The total estimated cost associated with regulating and enforcing the sale of "safe and sane" fireworks in the City this year (2025) is $269,844. Based on a 10% regulatory fee using the gross sales of all fireworks sold in the City in 2024 in accordance with Section 8.60.096(B) of the Code, the estimated revenue to be collected this year is $94,708.

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

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1. Adopt Resolution No. 2025-301 setting the 2025 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City; or

Attachments
Attachment 1 Resolution No. 2025-301
Attachment 2 Exhibit A - Location Map
Attachment 3 Exhibit B - Estimate of Expenditures for 2025 Attachment 4 Urgency Ordinance MC-1652 – Establishing One-Year Moratorium on Fireworks
Attachment 5 Notice of Public Hearing
Ward:

All Wards
Synopsis of Previous Council Actions:

June 5, 2024 Mayor and City Council adopted Resolution No. 2024-131 setting the regulatory fee at 10%.

June 21, 2023 Mayor and City Council adopted Resolution No. 2023-087 setting the regulatory fee at 10%.

June 15, 2022 Mayor and City Council adopted Resolution No. 2022-128 setting the regulatory fee at 10%.

June 2, 2021 Mayor and City Council adopted Resolution No. 2021-135 setting the regulatory fee at 10%.

June 17, 2020 Mayor and City Council adopted Resolution No. 2020-130 setting the regulatory fee at 10%.

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-86 setting the regulatory fee at 10%.

Resolution No. 2025-301
Resolution No. 2025-301

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June 4, 2025
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RESOLUTION NO. 2025-301

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
SETTING THE 2025 REGULATORY FEE FOR THE SALE

OF SAFE AND SANE FIREWORKS IN THE CITY OF SAN

BERNARDINO
WHEREAS, Section 8.60.095(A) of the City of San Bernardino (“City”) Municipal Code (“Code”) requires the City to assess a regulatory fee based on the gross sales of fireworks to raise sufficient funds for the City to pay for fireworks public education and an awareness campaign about fireworks (“Firework Education”), and for enforcement (including extra personnel time for fire inspection and enforcement duties); and
WHEREAS, Section 8.60.095(B) of the Code requires the City to prepare a study of the anticipated cost for Firework Education and thereafter adopt a resolution setting the regulatory fee no later than 7:00 p.m. on July 1 of each year, with such regulatory fee not exceeding ten percent (10%) of the total gross sales of the fireworks sold in the City by licensees.

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

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

SECTION 2. Anticipated Cost Study. The Mayor and City Council have determined the total anticipated costs for the City to cover the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Code (including extra personnel time for inspection and enforcement duties) for the 2025 season is two hundred sixty-nine thousand, eight hundred forty- four dollars ($269,844).

SECTION 3. 2024 Total Gross Sales Percentage. Ten percent (10%) of the total gross sales of fireworks as reported by the licensees in the 2024 fireworks season (“2024 Season”) amounted to ninety six thousand, seven hundred six dollars ($96,706).

SECTION 4. 2025 Regulatory Fee. The Mayor and City Council hereby set a regulatory fee rate, which does not exceed ten percent (10%) of the total gross sales in the 2024 Season in accordance with Section 8.60.095(B) of the Code.

SECTION 5. California Environmental Quality Act (“CEQA”). The Mayor and City Council finds this Resolution is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Chapter 3 to Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly.

Resolution No. 2025-301
Resolution No. 2025-301

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

SECTION 7. 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 4th day of June 2025.

Helen Tran
Mayor
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho
City Attorney
Resolution No. 2025-301
Resolution No. 2025-301

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June 4, 2025
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-301, adopted at a regular meeting held on the 4 th day of June 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 5th day of June 2025.

Telicia Lopez, CMC, Acting City Clerk

Exhibit B
Fireworks 2025
Expenditure Estimates
Police Department Number of Personnel Labor Cost
318 straight time hours $240,360.00
30 overtime hours $21,314.28
Total Cost $261,674.28
Finance Department Number of
Personnel
Labor Cost
Business Registration Accounting
Technician
1 $5,446.57
Business Registration Manager 1 $2,723.28
Total $8,169.85
Total Expenditure Estimates $269,844.13
Public Education & Awareness Related to Regulatory
Enforcement
Community Affairs Social Media Campaign Straight Time
Exhibit B
Fireworks 2025
Expenditure Estimates
Police Department Number of Personnel Labor Cost
30 straight time $21,120.00
48 straight time $33,280.00
48 straight time $33,280.00
48 straight time $33,280.00
26 straight time $19,560.00
5 overtime $3,552.38
5 overtime $3,552.38
5 overtime $3,552.38
5 overtime $3,552.38
48 straight time $33,280.00
48 straight time $33,280.00
48 straight time $33,280.00
5 overtime $3,552.38
5 overtime $3,552.38
Total Cost $261,674.28
Finance Department Number of
Personnel
Labor Cost
Business Registration Accounting
Technician
1 $5,446.57
Business Registration Manager 1 $2,723.28
Total $8,169.85
Total Expenditure Estimates $269,844.13
Public Education & Awareness Related to Regulatory
Enforcement
Community Affairs Social Media Campaign Straight Time
Urgency Ordinance No. MC -1652
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6 URGENCY ORDINANCE NO. MC-1652

AN URGENCY ORDINANCE OF THE MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, ADDING SECTION 8.60.180 TO CHAPTER

8.60 OF TITLE 8 OF THE SAN BERNARDINO MUNICIPAL

CODE ESTABLISHING AN ONE-YEAR MORATORIUM

ON THE SALE AND USE OF SAFE AND SANE

FIREWORKS IN THE CITY OF SAN BERNARDINO IN
ORDER TO IMMEDIATELY PRESERVE THE PUBLIC’S

PEACE, HEALTH, AND SAFETY
WHEREAS, California Government Code Sections 36934 and 36937 authorize the City Council to enact urgency ordinances that take effect immediately upon adoption for the immediate preservation of the public peace, health, or safety; and such urgency ordinances must contain a statement of the facts constituting the urgency and must be passed by a four-fifths (4/5) vote of the City Council; and
WHEREAS, California Governor Gavin Newsom issued Executive Order Number N-18- 25 on January 7, 2025, proclaiming a state of emergency in Los Angeles and surrounding counties due to fire and windstorm conditions that have caused multiple fires; and WHEREAS, the City of San Bernardino (“City”) only permits non-profit organizations, groups, associations, and the like organized and operating within City limits to apply each year for a license to sell “safe and sane” fireworks from noon on July 1st through midnight on July 4th (“July 4th Celebrations”) pursuant to Section 8.60.050(A) of the City’s Municipal Code (“Code”); and WHEREAS, Section 8.60.050(E) of the Code limits the maximum total number of licenses that may be issued by the City each year to thirty-five (35) licenses; and WHEREAS, the City experiences increased firework related calls caused by the use of safe and sane fireworks used in an dangerous manner (“Dangerous Fireworks”) during the July 4th Celebrations despite the Code’s limitations; and
WHEREAS, enforcement of the prohibition of Dangerous Fireworks (through patrols and other means by Police and Fire Personnel) are made more complex and financially burdensome when such Dangerous Fireworks are simultaneously discharged; and WHEREAS, the City desires to establish a temporary moratorium on the sale and use of fireworks that when used become Dangerous Fireworks within the City for a period of one (1) year to maintain the status quo while the City reassesses whether it should continue allowing the sale and use of fireworks within the City or entirely ban their sale and use in the future; and WHEREAS, all the legal prerequisites relating to the adoption of this Urgency Ordinance have occurred.

Urgency Ordinance No. MC -1652
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6 THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

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

SECTION 2. Findings. This Urgency Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public peace, health, safety, and welfare of the City because the City experiences increased firework related calls caused by the use of safe and sane fireworks used in an dangerous manner (“Dangerous Fireworks”) during the July 4 th Celebrations despite the City Municipal Code’s limitations. This Urgency Ordinance is required to be immediately effective to protect the public’s interests by imposing a temporary moratorium within the City to allow the City adequate time to reassesses whether it should continue allowing the sale and use of fireworks within the City or entirely ban their sale and use in the future. The need for this Urgency Ordinance to take effect immediately is because this year’s July 4 th Celebrations are only one (1) month away.

SECTION 3. Amendment. Section 8.60.180 is hereby added to Chapter 8.60 (Fireworks) of Title 8 (Health and Safety) of the San Bernardino Municipal Code to read as follows:
“ Section 8.60.180 Temporary Moratorium for Twelve (12) Months Notwithstanding anything to the contrary herein, there is hereby established a temporary moratorium on the sale and use of fireworks within the City for a period of one (1) year from the effective date of this Urgency Ordinance.”
SECTION 4. California Environmental Quality Act (“CEQA”). The Mayor and City Council finds this Resolution is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Chapter 3 to Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. Severability. If any provision of this Urgency Ordinance 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 Urgency Ordinance are declared to be severable.

SECTION 6. Effective Date. This Urgency Ordinance shall become effective immediately upon receiving the affirmative vote of at least four-fifths (4/5) of the City Council, and upon the passage and approval of the Mayor.

APPROVED and ADOPTED by the City Council, and signed by the Mayor and attested by the City Clerk this 4th day of June 2025.

Helen Tran
Urgency Ordinance No. MC -1652
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6 Mayor
Attest:

Telicia Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho
City Attorney
Urgency Ordinance No. MC -1652
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6 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Urgency Ordinance MC-1652, adopted at a regular meeting held on the 4th day of June 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 4th day of June 2025.

Telicia Lopez, CMC, Acting City Clerk

CALIFORNIA NEWSPAPER SERVICE BUREAU
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HRG NOTICE OF HEARING
NOTICE OF PUBLIC HEARING to be held 06-04-2025 re proposed moratorium on Fireworks sales
05/16/2025
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Bernard ino, CA 92410regarding the
ad opt ion of an Urgency Ordinanc e
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 4, 2025
To: Honorable Mayor and City Council Members
From: Telicia Lopez, Acting City Clerk
Department: City Clerk
Subject: Approval of Various Mayor and City Council Meeting Minutes (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:

1. November 20, 2024 Regular Meeting Draft Minutes

2. December 4, 2024 Special Meeting Draft Minutes

3. December 18, 2024 Regular Meeting Draft Minutes

4. December 18, 2024 Special Meeting Draft Minutes
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES
For The
Regular Meeting of the Mayor and City Council
of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority WEDNESDAY, NOVEMBER 20, 2024
4:00 PM
Closed Session was called to order at 4:01 PM by Mayor Helen Tran on Wednesday, November 20, 2024, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Late 4:02 PM
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Late 4:02 PM
Fred Shorett Mayor Pro-Tem, Ward 4 Late 4:02 PM
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Late 4:10 PM
Sonia Carvalho City Attorney Late 4:10 PM
Genoveva Rocha City Clerk Present
Courtney Bowen Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 2 City Clerk Genoveva Rocha announced that City Attorney Sonia Carvalho was running late due to being stuck in traffic.
4:00 PM
Prior to convening into Closed Session, Mayor Tran made a statement stating that she would like to remove Item B from Closed Session, due to the City Attorney not having authority to place items on the agenda.

Mayor Pro Tem Shorett stated that he believed the Mayor’s statement was inappropriate and egregious. He stated that the Mayor has a political vendetta against the City Attorney.

Mayor Tran further stated that she has a right to make procedural decisions as the presiding office. She advised Council Members that she would hear any opposition from them but would veto any motion to that affect if it did not receive a majority vote.

At 5:05 p.m., Council Member Sanchez made a motion to recess the meeting for 30 minutes, or until the City Manager and City Attorney were present. The motion was seconded by Mayor Pro Tem Shorett.

RESULT: RECESS MEETING FOR 30 MINUTES, OR UNTIL THE CITY MANAGER AND CITY ATTORNEY ARE PRESENT (5-2)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Alexander
NOES: Reynoso, Calvin
At 4:12 p.m., the meeting reconvened with the City Attorney Sonia Carvalho and Acting City Manager Rochelle Clayton present.

Mayor Pro Tem Shorett asked the Mayor to repeat the statement she made at the commencement of the meeting. The Mayor did repeat her statement asking to remove Item B from Closed Session.

Mayor Pro Tem asked the City Manager who controls the agenda. Acting City Manager Clayton stated that she was not aware that the item was being added to the Agenda until after the agenda was published. Mayor Pro Tem Shorett asked the City Manager why she did not then revise the agenda to remove the item. She stated that she did not have knowledge of the item more than 72 hours before the meeting.

City Clerk Rocha clarified that she did call, text, and email the Acting City Manager regarding the item prior to the agenda being posted.

CLOSED SESSION PUBLIC COMMENT
Treasure Ortiz spoke in opposition to the City Attorney. She advised that the Mayor and City Council should let the City Manager advise them. She said that personal, unprofessional relationships are interfering with the business of the City Council.

Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 3 City Clerk Rocha announced that a written comment was received from Ronald Plunk.

The comment would be online for public view
At this time, City Attorney Carvalho asked the Mayor and City Council if she could respond. She stated that the Brown Act requires the City to post an agenda, and an agenda was posted in accordance with the Act.

The Mayor and City Council convened into closed session at 4:15 PM.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Don Smith v. John Valdivia in his individual and official capacity, et al., San Bernardino Superior Court Case No. CIVSB2025375
B) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957)
Title: City Attorney (City Attorney Initiated)
5:00 PM
The Regular Meeting was called to order at 5:05 PM Mayor Helen Tran on Wednesday, November 20, 2024, at Feldheym Central Library, San Bernardino, CA.

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Courtney Bowen Deputy City Clerk Present

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Steve Anderson from Spirit of Our Savior Lutheran Church led the Invocation and student Zoi Calvin from Aquinas High School led the Pledge of Allegiance to the Flag.

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

Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 4

PRESENTATIONS

1. Proclamation for Family Caregivers Month in the City of San Bernardino – November 2024 (All Wards)
The Mayor and City Council presented the proclamation to members of “SEIU Local 2015”.

2. Proclamation for Small Business Saturday in the City of San Bernardino – November 30, 2024 (All Wards)
The Mayor and City Council presented the proclamation to Tia Johnson of Three Little Blue Byrds Boutique.

CITY MANAGER UPDATE
Public Information Officer Jeff Kraus provided updates. Highlights included Veteran’s Day celebrations, new businesses in the City, and park clean-ups.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mario Flores spoke in favor of Item 21. He stated that terminating the current agreement with the City Attorney would be beneficial to the City.

Treasure Ortiz also spoke in favor of Item 21. She stated that BB&K has made unlawful decisions regarding the City.

Carmen Gallegos stated that she has seen improvements in the City. She requested that more money be invested in street repairs and Code Enforcement issues.

Leti Briggs thanked everyone for their support with the Perris Hill Park clean-up. She expressed support for Rochelle Clayton to be appointed as permanent City Manager.

She informed the community about upcoming holiday events in the City.

Dolores Armstead spoke about the termination of the City Attorney, the homeless situation, “OxBow”, and the Downtown Revitalization.

Rosie Rueda commented in support of Item 17. She said the stop sign is long overdue.

Georgia L. asked the Mayor and City Council to stop ignoring the animal crisis in the City. She criticized the delay in development of kennels, fiscal oversight, and the search for a veterinarian.

Mike Winn thanked the Mayor, City Council, and police for everything they have done for the City.

Mike Hartley asked for increased Code Enforcement activity and additional Code Enforcement officers in the streets.

Robert Porter spoke about the upcoming “Turkey Trot” and “Ho-Ho Parade” events. He also announced a new radio station, KCAA.

Junior Carrillo commented in support of the three newly elected council members. He advised that the Mayor and City Council should work together as a team.

Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 5 Robert Carrillo provided his ideas for the “Global Mayor’s Challenge”. He asked for the Mayor and City Council for support with a program he created called “Launchpad”.

Kim Knaus informed that she is a Council Woman elect and wants to make change. She asked the Mayor and City Council to put the residents’ needs first before their own.

Jeffrey thanked the Mayor and City Council for the proclamation for caregivers, and thanked staff and the police department for the parks clean-up.

Itavi Miguel spoke in support of undocumented immigrants. She asked that immigrants should be treated as an integral part of the community.

Lydia Savala inquired as to why the “Spay and Neuter Mobile Clinic” for animals was not being used.

Deb Matley reminded the community about the “Ho-Ho Parade” on December 9 th through December 12th.

Less commented on the need for a homeless shelter, the Police Officer’s Association (POA), and remote public comments.

L’Rea Robinson stated that the current assistance for homeless people is not working.

She requested that there be immediate shelter available for the homeless.

Al Palazzo spoke about his education and experience in the community. He asked to be considered for the City Manager position.

City Clerk Rocha announced that written comments had been received by Paula Plunk, Ronald Plunk, Georgia L., and Michael Lawrence. The comments would be online for public view.

Prior to hearing the Consent Calendar, Council Member Sanchez made a motion to re-order the agenda and discuss Item No. 21 prior to Consent. The motion was seconded by Council Member Ibarra. Item 21 is as follows:

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

Recommendation:

Discuss and provide direction to Staff.

Council Member Alexander asked if the motion could instead be for the item to be tabled until the new Council Members are seated in December 2024. Council Member Sanchez made the motion to table the item. The motion was seconded by Council Member Shorett.

Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 6 RESULT: MOTION TO TABLE THE ITEM UNTIL THE NEW COUNCIL
MEMBERS ARE ELECTED AND SEATED [4-3]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Shorett, Alexander
NOES: Figueroa, Reynoso, Calvin
Mayor Tran stated that she wanted to veto the motion. City Attorney Sonia Carvalho informed that per the Charter and Robert’s Rules of Order, the Mayor can only veto a legislative action, not a procedural one. Council Member Reynoso asked the City Attorney to cite the Charter section aloud. City Attorney Carvalho stated she would need time to look it up, and to please proceed with the items on the agenda in the meantime.

Mayor Pro-Tem Shorett left the dais prior to the introduction of the Consent Calendar.

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

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NOs 4, 6, 13, and 17 FOR A SEPARATE VOTE [6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Shorett

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

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

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

2. October 20, 2021, Regular Meeting of the Mayor and City Council RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Shorett
Mayor Pro-Tem Shorett returned to the dais during the discussion of Item No. 4.

Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 7

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

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

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

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

Council Member Sanchez pulled this item to receive more detailed information from staff.

Senior Management Analyst William Lampi advised that this item changes how ARPA funds are being allocated for the SBCWC. Lampi also explained the distinction between a sub-award and a regular procurement contract for goods and services. The City is entering into a sub-award agreement with a portion of the ARPA funds with LSSSC, so they are not subject to the competitive bidding process.

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

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

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

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

Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 8 RESULT: APPROVED STAFF’S RECOMMENDATION (6-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Shorett

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

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

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

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

Council Member Sanchez pulled this item to opine about the current homeless situation in the City. He recently visited one of the partner hotels (Motel 6) in the City, operated by the Illumination Foundation and Inland Empire Health Plan (I.E.H.P). He stated that it is unfortunate that some homeless individuals are being removed from their local communities and brought to San Bernardino because of the hotel voucher program, only to become homeless again when the voucher expires. He stated that these people are suffering because they are then left with no support system or resources. He advised that the hotel voucher program should include “wrap-around” services that will help to ensure continuing support for homeless individuals.

Council Member Calvin made a motion to continue the item until staff can bring back a comprehensive report that includes information about who is receiving hotel vouchers, how long they stay in the hotels, and what is the outcome upon them leaving the hotel, so the Mayor and City Council may analyze how successful the program is in aiding the homeless long-term. The motion was seconded by Council Member Ibarra.

Council Member Alexander asked to approve the current item so the homeless will still be served by hotel vouchers while the report is being prepared. He made a substitute motion to that effect. The motion was seconded by Council Member Calvin.

Acting City Manager Clayton suggested approving two of the three hotel providers, so that she could meet with Illumination Foundation and get answers to the Council’s questions. She could not provide a guaranteed date for the report to be ready.

Housing Division Manager Cassandra Searcy stated that the Illumination Foundation/Motel 6 is not currently being utilized by the voucher program, because Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 9 they are still working on permits and other administrative actions. She requested that the Mayor and City Council approve the staff recommendation at this time, while staff works with the providers to acquire the requested information.

Council Member Figueroa suggested assessing fees for operators if they violate their agreement with the City. He stated that the City is responsible for the failures in the program, and that policies and procedures need to be put into place in the future in order for the program to work long-term.

RESULT: SUBSTITUTE MOTION TO APPROVE STAFF’S

RECOMMENDATION, WITH ADDITIONAL DIRECTION TO

RETURN AT A FUTURE MEETING WITH A FULL REPORT WITH

DETAILS ABOUT MOTEL VOUCHER PROGRAM SERVICES AND
RECIPIENTS [7-0]
MOVER:Damon Alexander, Council Member, Ward 7
SECONDER:Kimberly Calvin, Council Member, Ward 6
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None

7. Resolution Declaring Intent to Conduct Public Hearing to Order Street Vacation (15.30-442), of a Portion of Iola Place, East of North “D” Street and North of West Baseline Street, and the Reservation of Utilities Therein (Ward 2)
Recommendation:

Adopt Resolution No. 2024-222 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of a portion of Iola Place east of North “D” Street and north of West Baseline Street, and reservation of utilities therein.

RESULT: ADOPTED RESOLUTION NO. 2024-222 (6-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Shorett

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

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

Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 10 RESULT: APPROVED STAFF’S RECOMMENDATION (6-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Shorett

9. Investment Portfolio Report for July, August, September 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 July, August, September 2024.

RESULT: APPROVED STAFF’S RECOMMENDATION (6-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Shorett

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

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

1. Adopt Resolution No. 2024-223 to Approve the Recognized Obligation Payment Schedule (ROPS) 25-26 A and B; and

2. Authorize the City Manager, as the Successor Agency’s Executive Director or designee, to:
a. Transmit the ROPS 25-26 A and B to the State Department of Finance and other designated agencies as prescribed
by the California Health and Safety Code (HSC);
b. Make ministerial revisions to ROPS 25-26 A and B, which may include, but are not limited to restating the information included within ROPS 25-26 A and B in any format that may be requested by the State Department of Finance;
c. Take such other actions and execute such other documents as are necessary to effectuate the ROPS; and
d. Implement ROPS 25-26 A and B on behalf of the
Successor Agency, including authorizing and causing such payments as authorized by ROPS 25-26 A and B.

Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 11 RESULT: APPROVED STAFF’S RECOMMENDATION AND ADOPTED
RESOLUTION NO. 2024-233 [6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Shorett

11. Request for Purchase Authorization to expand cloud-hosted VoIP phone system for the Library and Parks and Recreation (All Wards) Recommendation:

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

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

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

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

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Shorett

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

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-224 authorizing:

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

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

Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 12

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

RESULT: ADOPTED RESOLUTION NO. 2024-224 [6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Shorett

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

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

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

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

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

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

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

Council Member Calvin pulled this item to ask staff when the Nicholson Park project will be completed. City Engineer Azzam Jabsheh confirmed that the completion date would be Mid-February 2025.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None

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

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

1. Approve the award of an Agreement with United Storm Water, Inc. in the amount of $112,840.00 for the Connector Pipe Screen (Project); and
Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 13

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

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

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

RESULT: APPROVED STAFF’S RECOMMENDATION ]6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Shorett

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

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-225:

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

2. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 Capital Improvement Project (CIP) budget to utilize funding from specific projects for the traffic management system. Allocate $97,473.68 from the Highland Interconnect Project, $93,723.77 from the Baseline Interconnect Project, and $78,063.80 from the Traffic Management Center project budget, funded with local regional circulation monies, for a total project budget of $269,261.25; and

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

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

Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 14 RESULT: ADOPTED RESOLUTION NO. 2024-225 [6-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Sandra Ibarra, Council Member, Ward 2
AYES:Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Shorett

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

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

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

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

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

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-226, authorizing the City Manager or designee to amend the City’s Master List of certain streets or portions thereof as through highways and authorizing the establishments of Stop control at the following intersections:
a. Harwick Drive & Wier Road (Ward 3)
b. 13 th Street and Sierra Way (Ward 2)
Council Member Figueroa pulled this item for further discussion. He advised that he knows these stop signs are needed, and he appreciates staff for completing this project. He also thanked the residents in the neighborhood for their patience with the traffic issues.

Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 15 RESULT: ADOPTED RESOLUTION NO. 2024-226 [7-0]
MOVER:Juan Figueroa, Council Member, Ward 3
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None

DISCUSSION

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

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-227 authorizing the following:

1. The City Manager to accept the FY 2024 COPS Technology and Equipment Program Funds.

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

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

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

Police Chief Darren Goodman provided a brief presentation for this item. He advised that this agreement would save the City money because it is grant-funded.

RESULT: ADOPTED RESOLUTION NO. 2024-227 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Theodore Sanchez, Council Member, Ward 1
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None

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

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

Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 16

1. Approve the software and implementation services with Gray Quarter / Accela, for the implementation of an integrated Land Management System (LMS) in a not-to-exceed amount of $3,200,000, for the term beginning January 1, 2025 and ending June 30, 2027;

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

3. Authorize the City Manager, or designee, to execute seven (7) optional one-year amendments at approximately $500,000 annually for FYs 2026-27 through 2032-33;

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

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

Interim Director of Finance and Management Services Jeannie Fortune, Grants Division Manager Mary Alvarez-Gomez, and Community Development and Housing Director Gabriel Elliott provided a presentation. Highlights included benefits of upgrading the system, such as advanced technology and greater efficiency. A timeline of implementation, data transfer details, and costs were discussed.

Council Member Calvin asked if the new system would be implemented along with the “One-Stop Shop” Council approved in 2023. Senior Management Analyst William Lampi confirmed that this system is a component of the One Stop Shop and was part of the original allocation of ARPA funds.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None
Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 17

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

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

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

3. Authorize the City Manager, or designee, execute seven (7) optional one- year amendments at approximately $500,000 annually for FYs 2026-27 through 2032-33;

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

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

Acting City Manager Rochelle Clayton announced that there was a correction to Recommendation No. 5. She stated that a memo was provided to council advising that the recommendation should have been to “Authorize the appropriation of an expense budget line of $1,937,000 for supplemental staffing for the ERP project services in the Information Technology budget”. This eliminated the specific vendor and Professional Services Agreement language included in the original recommendation.

Interim Director of Finance and Management Services Jeannie Fortune provided a presentation. Highlights included benefits of upgrading the system, such as increased functionality and efficient operations. A timeline of implementation, data transfer details, and costs were discussed.

Council Member Calvin inquired as to why temporary staff were being utilized, rather than adding full-time city employees. Acting City Manager Clayton advised that the project would include a combination of regular staff and temporary staff, and that was the reason for revising Recommendation No. 5. Clayton also assured the Mayor and City Council that the temporary staffing agency or agencies would be acquired through the Request for Proposal (RFP) process.

Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 18 Council Member Alexander asked if this project includes all departments in the City, including the Police Department. Jeannie Fortune confirmed that all departments would be included in the ERP Migration Plan.

RESULT: APPROVED STAFF’S RECOMMENDATION (7-0)
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT: None
At this time, the Mayor and City Council continued their previous discussion of Item 21:

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

Recommendation:

Discuss and provide direction to Staff.

City Attorney Sonia Carvalho advised that she has previously communicated to the Mayor and City Council the rules of the Mayor’s veto power. She stated that although she had the authority to, it would not be proper for her to provide legal advice on this matter, because she did not want to give the appearance of impropriety. She advised that the Rules of Procedure maintain that the Council can overrule the Mayor’s veto with a majority vote. She stated that she would leave the staff table while the item was discussed.

Mayor Tran stated that she previously vetoed the motion to table. She read a statement regarding the significance of this item. She advised that the City Attorney’s contract could be terminated without cause. She asked a member of the City Council to make a motion to direct the City Manager to terminate City Attorney Services with Best, Best, & Krieger (BB&K). The motion was made by Council Member Calvin and Seconded by Council Member Reynoso.

Council Member Sanchez made a substitute motion to table the item. The substitute motion was seconded by Mayor Pro-Tem Shorett. Council Member Sanchez commented that a Mayor’s veto cannot compel an action, it can only prevent an action from being taken.

RESULT: APPROVED A MOTION TO TABLE THE ITEM [5-2]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Alexander
NOES: Reynoso, Calvin
Regular Meeting Draft Minutes November 20, 2024
Mayor and City Council of the City of San Bernardino Page 19

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included the recent Veteran’s Day Program and upcoming Thanksgiving events. Council Members Sanchez, Ibarra, Figueroa, Shorett, and Reynoso attended the National League of Cities Conference in Tampa, Florida.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, November 20, 2024, at 8:29 p.m.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, December 4, 2024, in the Council Chamber located at 555 West 6 th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

By: Telicia Lopez
Telicia Lopez, CMC

City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

Draft Minutes

FOR THE

SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL

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

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

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

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

COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING

AUTHORITY

WEDNESDAY, DECEMBER 4, 2024
1:40 PM

Special Closed Session was called to order at 1:43 PM by Mayor Helen Tran on Wednesday, December 4, 2024, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Late 4:06 PM
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Late 1:48 PM
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Perla Lopez Deputy City Clerk Present

Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Special Meeting Annotated Agenda December 4, 2024
Mayor and City Council of the City of San Bernardino Page 2 1:40 PM

CLOSED SESSION PUBLIC COMMENT
At this time, public comments were heard.

Treasure Ortiz spoke in support of the Acting City Manager.

Enrique Camacho, Wendy, and Phoenix spoke in support of the Acting City Manager.

They want stability for the city.

Christian T. Shaughnessy spoke in support of the Acting City Manager.

Erik Marquez spoke in support of the Acting City Manager.

Mike Hartley spoke in support of the Acting City Manager.

David Freidman spoke in support of the Acting City Manager and supports the priorities she has for the city.

Georgia L. spoke in support of the Acting City Manager and expresses the qualities and abilities she has to move the city forward.

At the conclusion of public comment, Mayor Pro -Tem Shorett address ed the concerns on the item not being agendize legally and properly.

City Clerk Rocha addressed the Mayor and City Council regarding the way the Mayor and City Council can request a special meeting.

At this time the Mayor and City Council discussed how the Closed Session item was agendized.

Mayor ProTem Shorett re -stated the steps that were taken to request the Special Meeting.

Mayor Tran asked whether an appointed position; City Manager, City Attorney, and City Clerk requires majority of the Mayor and City Council.

City Attorney Carvalho reminded the Mayor and City Council the law that permitting the calling of a Special Meeting, noting that a specific number of votes that are required to take action.

Mayor Tran asked for a motion to withdraw the item from Closed Session.

Council Member Sanchez asked if the discussion and the motion were a violation of the Brown Act.

City Attorney Carvalho advised that the discussion should be in Closed Session.

However, the motion to withdraw is procedural and a vote can be taken. She also stated the item was properly agendized, per the Brown Act.

Special Meeting Annotated Agenda December 4, 2024
Mayor and City Council of the City of San Bernardino Page 3

CLOSED SESSION
A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
Title: Acting City Manager

Mayor Helen Tran asked for a motion to be made to withdraw the item from Closed Session. Council Member Reynoso made the motion, and Council Member Calvin seconded the motion. The motion failed 2 to 4.

RESULT: WITHDRAW ITEM A FROM CLOSED SESSION [FAILED 2-4] MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Reynoso and Calvin
NOES: Sanchez, Ibarra, Shorett, and Alexander

At 2:09 PM the Mayor and City Council convened into closed session.

The Special Meeting was called to order at 3:36 PM Mayor Helen Tran on Wednesday, December 4, 2024, at Feldheym Central Library, San Bernardino, CA.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that the City Council took action with a unanimous vote, though Council Member Figueroa was absent. Acting City Manager Clayton expressed interest in becoming the permanent City Manager, but to maintain fairness in the recruitment process, she will remain in her acting role until the council appoints a new acting or interim City Manager. The City Council is committed to working with the new Council Members to initiate the recruitment process and discuss the appointment of an Interim or Acting City Manager.

PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA

Christian T. Shaughnessy spoke on the homeless continuing to live in Perris Hill Park needing still need assistance even though the city already did clean ups and offer ed assistance. He mentioned his encounter he had with a homeless person while visiting the park. He also spoke in support of replacing Hope the Mission as a service provider.

Mike Hartley spoke about his disappointment with the previous Mayor and City Council meeting and the city needs to move forward.

Georgia L. commented on the lack of progress of the Navigation Center and ask ed for more frequent updates on the status of the center. She also spoke about Hope the Mission wasting public funds. Lastly, she spoke about bringing back Zoom for remote public comments.

Treasure Ortiz spoke in support of reallocating funds to work with the Salvation Army.

She also expressed the need for immediate help for the homeless.

Special Meeting Annotated Agenda December 4, 2024
Mayor and City Council of the City of San Bernardino Page 4 Kevin Mahaney , Family Assistance Program in Highland , s poke about City of Victorville’s navigation center and encouraged the City of San Bernardino to learn from it. He also mentioned the importance of addressing healthcare needs for the homeless.

Glenn Elsman, Mission Communities, commented in support of Item One. He also spoke on solutions for the navigation center and encouraged the city to purchase additional land near the Hope Campus for housing.

DISCUSSION

1. Navigation Center - Award Design Services and Purchase Agreement with Mandeville Modular for Site Design, Modular Design, and Purchase of Modular Units and Award Professional Services Agreement with CREDE Construction Advisory for Development Management Services (Ward 1) Recommendation:

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

1. Approve an Agreement for Design Services and Purchase and Delivery of Goods with Mandeville Modular in the amount of $10,093,027 (which includes a 15% contingency); and

2. Authorize the Director of Finance and Management Services to issue a Purchase Order in an amount not to exceed $10,093,027 to Mandeville Modular; and

3. Approve a Professional Services Agreement with CREDE Construction Advisory in the amount of $1,091,148 for Development Management Services of the Navigation Center; and

4. Authorize the Director of Finance and Management Services to issue a Purchase Order in an amount not to exceed $1,091,148 to CREDE Construction Advisory; and

5. Authorize the City Manager, or designee, to execute the Agreement for Design Services and Purchase and Delivery of Goods with Mandeville Modular and the Professional Services Agreement with CREDE Construction Advisory; and

6. Provide staff direction on how to reallocate the $5,605,215 in surplus ARPA funds.

William Lampi, Senior Management Analyst, gave the presentation.

Council Member Juan Figueroa arrived at 4:06 PM.

Special Meeting Annotated Agenda December 4, 2024
Mayor and City Council of the City of San Bernardino Page 5 The discussion focused on the selection process for modular housing contracts, revealing that Mandeville Modular was the sole respondent to an RFP issued on September 19, 2024. The company presented details of previous projects, including those in Los Angeles. Concerns were raised about the lack of responses from other manufacturers and the absence of design images on Mandeville’s website. Financial concerns were also discussed, particularly regarding the use of ARPA funds for modular housing and street repairs. Council members expressed concerns about a higher -than- usual 15% contingency fee and design changes. The council moved toward approving staff recommendations, with adjustments for street repairs and transitional housing. The timeline for RFP releases and design approvals was also addressed, with plans for further discussions.

The concept of recuperative care was explained, referring to medical care for individuals discharged from hospitals who don't qualify for skilled nursing facilities but still need care. Deputy Director of Housing and Homelessness Cassandra Searcy explained that recuperative care would be reimbursed through Cal Aim, reducing operational costs, and would prioritize San Bernardino residents. The city's housing division would oversee the program with audits to prevent fraud. Additionally, 70 beds would be designated for recuperative care within a social model, with home health agencies involved. The council also discussed funding challenges, procurement processes, and past issues with obtaining state funds. The mayor pro- tem expressed concerns about committing to long-term agreements, considering future city needs.

RESULT: APPROVED STAFF’S RECOMMENDATION AND THE
FOLLOWING ARPA REALLOCATION: $2,955,215 TOWARDS
STREET SEGMENT REPAIRS AND $2,650,00 0 TOWARDS THE
PURCHASE OF PALM FIELD [6-1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, and Alexander NOES: Juan Figueroa

At this time, the Mayor and City Council recessed at 4:57 PM.

Mayor Tran announced the reconvening of the Special Meeting at 5:13 PM.

Special Meeting Annotated Agenda December 4, 2024
Mayor and City Council of the City of San Bernardino Page 6

2. Reallocation of ARPA Funding to Service Contract for New Homeless Outreach Provider
Recommendation:

Receive an update on the City’s need to expand homeless outreach services and provide input to staff on the reallocation of remaining American Rescue Plan Act (ARPA) funds from the current contract to support continued homeless outreach services.

Acting City Manager Rochelle Clayton gave the presentation.

THIS ITEM WAS RECEIVED AND FILED; NO ACTION WAS TAKEN.

3. Agreements with Horizon Construction Company International, Inc., and Hardy and Harper, Inc. for Asphalt Maintenance and Street Segment Repair Services (All Wards) p. 466
Recommendation:

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

1. Adop
t Resolution No. 2024
-236
authorizing the reallocation of $5,605,215
in American Rescue Plan Act (ARPA) funds from the Navigation Center project to the ARPA Asphalt Maintenance and Street Segment Repair Services Program; and

2. A
uthorize the City Manager t o execute separate Maintenance Services Agreements with Horizon Construction Company International, Inc. and Hardy and Harper, Inc., respectively, for asphalt maintenance and street segment repair services; an
d

3. A
uthorize the Director of Finance and Manage ment Services to issue a purchase order in the amount of $2,927,608 to Horizon Construction Company International, Inc., and issue an additional purchase order in the amount of $2,927,607 to Hardy and Harper, Inc. for a combined total of $5,855,215.

Ernesto Salinas, Interim Director of Parks and Recreation, gave the presentation.

The discussion focused on the allocation of funds for street repairs and the use of capital reserves. A proposal was made to approve staff recommendations but replace $2.9 million in ARPA funds with $2.9 million from the city's unrestricted capital reserve.

The capital reserve had $5 million available, and the city also had $90 million in the capital fund, though much of it was tied up in other projects. The $5.8 million contract would fund street repairs, with a focus on high- priority areas like school zones, high- traffic streets, and areas with long-neglected roads. The streets to be repaired would be selected based on these priorities, and a list would be provided to the council and the community. Council members discussed equity in street repairs, the potential inclusion of alleys, and concerns over the repair of medians. They also emphasized the Special Meeting Annotated Agenda December 4, 2024
Mayor and City Council of the City of San Bernardino Page 7 importance of repairing neglected streets and the speed of the proposed repair program.

RESULT: A PPROVED STAFF’S RECOMMENDATION WITH THE

AMENDMENT TO USE CAPITAL RESERVE FUNDS FOR THE
$2,650,000 RATHER THAN ARPA FUNDING [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander ABSENT: None

4. Issuance of a Purchase Order with Transwest Truck Center, LLC for Two Graffiti Abatement Trucks (All Wards)
Recommendation:

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

1. A
uthorize the purchase of two outfitted graffiti abatement trucks from Transwest Truck Center, LLC. in the amount of $403,401.74 ;
and

2. A
uthorize the Director of Finance and Management Services to issue a purchase order not to exceed the amount of $403,401.74

There was no presentation or discussion on this item.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander ABSENT: None

ADJOURNMENT
The Special Meeting of the Mayor and City Council was adjourned on Wednesday, December 4,2024, at 5:39 p.m.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, December 4, 2024, in the Council Chamber located at 555 West 6 th
Street, San Bernardino, California 92410 . Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

By: Telicia Lopez
Telicia Lopez, CMC, Acting City Clerk

City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES
For The
Joint Regular Meeting of the Mayor and City Council
of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority WEDNESDAY, DECEMBER 18, 2024
5:00 PM
The Regular Meeting was called to order at 5:03 PM by Mayor Helen Tran on Wednesday, December 18, 2024, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Courtney Bowen Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Regular Meeting Draft Minutes December 18, 2024
Mayor and City Council of the City of San Bernardino Page 2 5:00 PM

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Mason Jones from Generations Church led the Invocation, and students from San Bernardino High School’s “Cardinal Court” led the Pledge of Allegiance to the Flag.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Mayor Tran announced that due to the high number of speaker slips received, each public comment would be limited to one minute and 30 seconds per Resolution No. 2018-89.

John Shollenberger congratulated incoming Council Member Treasure Ortiz in Ward 7.

Carmen Gallegos commented about the danger of fireworks, including fires and an unsafe environment in her neighborhood. She asked the Mayor and City Council to investigate fireworks vendors.

Jim Smith advised that he attended the installation of the new San Bernardino County Supervisors the prior night. He said that Chairman Dawn Rowe made a comment about the Supervisors getting along whether they agree or not, and he hopes the City Council can follow that philosophy as well.

Treasure Ortiz thanked Council Members Reynoso, Calvin, and Alexander for their service to the community.
ltavi Miguel, Jeremy Perez, Paloma Villegas, Jocely Paz, Chris Vasquez, Gia, Lucia Agular, Jennifer Cardenas, Denise Pinzon, Annie Monge, and Roshon Dodson all spoke in support of the immigrant community. They requested that the Mayor and City Council pass a "Sanctuary Ordinance" and/or declare San Bernardino a "Sanctuary City" for immigrants.

Jason Mendoza, San Bernardino High School Water Polo and Swim Coach, announced that his team won the CIF (California Interscholastic Federation) championship and would like recognition from the City.

Omar Cobian, Representative for the Carpenters Union, thanked the Council Members for their service and congratulated the incoming Council Members. He asked the Mayor and City Council to start making decisions collectively and create positive change.

Mike Hartley spoke in opposition to the City allowing more ADUs (Accessible Dwelling Units) to be built. He stated that the City's current Code Enforcement staff cannot handle the increased parking enforcement and other issues.

Al Palazzo stated that he has many years of experience as an assessor and developer, and he would like an opportunity to work for the City.

Kendra Calvin commented in support of her mother, Council Member Kim Calvin. She Regular Meeting Draft Minutes December 18, 2024
Mayor and City Council of the City of San Bernardino Page 3

stated that Council Member Calvin's work in the community has been transformative, and she is a champion for change.

Frank Audi mmented-stated he has been mistreated by San Bernardino Police and would like fair and equal treatment.

Christian Flores, Organizer with Inland Congregations United for Change, stated that immigrant families are the backbone of the community and have helped to create the economy we have. He also thanked Council Member Reynoso for his service.

Sarah thanked the outgoing Council Members, especially Reynoso and Calvin. She also congratulated incoming Council Member Ortiz. She also thanked the hardworking members of the community.

Robert Porter congratulated the outgoing and incoming Council Members, Assembly Member Ramos and the school board.

Eddie Diaz congratulated Treasure Ortiz. He commended her for having the courage to change.

Miriam Nieto, co-director of "Just San Bernardino", recognized Council Members Reynoso and Calvin.

Michael Segura spoke about high staff turnover, injuries at local warehouses, a moratorium on warehouses, and arts and culture in the community.

Esmeralda Vasques applauded her partner Council Member Reynoso for his service as a Council Member. She congratulated the incoming Council and encouraged them to work together.

Luis Ojeda expressed support for the old and new Council Members. He stated that the community has the right ingredients to make the City great.

Junior Carrillo expressed support for the new City Council Members.

Renea Wittman spoke about Council Member Alexander. She stated that he led with integrity and grace. She also spoke in support of a "Sanctuary City".

Frank Montes congratulated Treasure Ortiz and thanked the outgoing Council Members. He said the last Council meeting was hard to watch because of the actions of the Mayor and City Council.

At the conclusion of public comments, City Clerk Genoveva Rocha announced that there was also written correspondence received and it was provided to the Mayor and City Council.

PRESENTATIONS

1. Recognition of Councilmembers Reynoso, Calvin, and Alexander Regular Meeting Draft Minutes December 18, 2024
Mayor and City Council of the City of San Bernardino Page 4 Mayor Tran recognized and presented certificates to the outgoing Council Members Ben Reynoso, Ward 5; Kim Calvin, Ward 6; and Damon Alexander, Ward 7.

The outgoing Council Members each spoke to the audience and thanked the community and City staff for their support.

At this time, the Consent Calendar was heard to certify the results of the November 5, 2024 General Election.

CONSENT CALENDAR

2. Certify Results of the General Municipal Election held on Tuesday, November 5, 2024
Recommendation:

Adopt Resolution No. 2024-237 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the General Municipal Election held on November 5, 2024, certifying the election results, and such other matters as provided by law.

RESULT: ADOPTED RESOLUTION NO. 2024-237 [7-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Ben Reynoso, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander ABSENT:None
After the adoption of the Consent Calendar, the former Council Members exited the dais and the additional presentations and Oaths of Office commenced.

PRESENTATIONS (continued)

3. Administer Oaths of Office and Present Certificates of Election a. Councilman-Elect Juan Figueroa, Ward 3
b. Councilwoman-Elect Kim Knaus, Ward 5
c. Councilman-Elect Mario Flores, Ward 6
d. Councilwoman-Elect Treasure Ortiz, Ward 7
City Clerk Genoveva Rocha administered the Oath of Office and Mayor Tran presented the Certificate of Election to Councilman Juan Figueroa, Ward 3. Council Member Figueroa gave a brief speech.
45th District Assembly Member James Ramos administered the Oath of Office and Mayor Tran presented the Certificate of Election to Councilwoman Kim Knaus, Ward 5.

Council Member Knaus gave a brief speech.

Mr. Ernest Rhone IV administered the Oath of Office and Mayor Tran presented the Certificate of Election to Councilman Mario Flores, Ward 6. Council Member Flores gave a brief speech.

Regular Meeting Draft Minutes December 18, 2024
Mayor and City Council of the City of San Bernardino Page 5 Kimberly Calvin administered the Oath of Office and Mayor Tran presented the Certificate of Election to Councilwoman Treasure Ortiz, Ward 7. Council Member Ortiz gave a brief speech.

At the conclusion of the Presentations, the Mayor and City Council called for a 15-minute recess.

RECONVENE REGULAR MEETING
The regular meeting was reconvened at 8:02 PM.

ROLL CALL
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Present
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Courtney Bowen Deputy City Clerk Present

PUBLIC HEARING

4. Development Code Amendment 24-04 (ADU 2024 Legislative Update) Recommendation:

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

1. Adopt Urgency Ordinance No. MC-1644U of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2); and

2. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1645 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and Regular Meeting Draft Minutes December 18, 2024
Mayor and City Council of the City of San Bernardino Page 6 finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 3 and Attachment 4); and

3. Schedule the adoption of Ordinance No. MC-1645 to the regularly scheduled meeting of the Mayor and City Council on January 15th, 2025.

Mayor Tran opened the Public Hearing at 8:03 p.m.

Principal Planner Travis Martin provided the presentation. He informed that new State legislation has amended the Government Code that regulates ADUs.

There were no written comments or requests to speak. Mayor Tran closed the Public Hearing at 8:08 p.m.

Council Member Ibarra inquired about the allowable size of ADUs. Principal Planner Martin stated that there would be no discussion about the size of ADUs at that point; the Ordinances being introduced were compliant with the maximum square footage per State law.

Council Member Shorett stated that he would not be supporting the item because he did not support the State forcing regulations onto the City.

RESULT: APPROVED STAFF’S RECOMMENDATION; ADOPTED URGENCY ORDINANCE NO. MC-1644U AND INTRODUCED ORDINANCE
NO. MC-1645 [6-1]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Knaus, Flores, Ortiz
NOES:Shorett
ABSENT:None

5. Public Hearing on Annexation No. 47 to Community Facilities District 2019-1 (Maintenance Services) - Dutch Bros Coffee (Ward 3)
Recommendation:

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2024-238 of the Mayor and City Council of the City of San Bernardino, California, 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 (Maintenance Services) (Annexation No. 47); and

3. Hold a special landowner election and canvass the election; and Regular Meeting Draft Minutes December 18, 2024
Mayor and City Council of the City of San Bernardino Page 7

4. Adopt Resolution No. 2024-239 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 47); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1646 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 annual costs of the maintenance and servicing of landscaping, lighting, and streets, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1646 for January 15, 2025.

Mayor Tran opened the Public Hearing at 8:16 PM.

Acting City Manager Clayton announced that this Public Hearing for Item No. 5, along with Item No. 6, would need to be continued to the regular meeting of January 15, 2025 at 5:00 PM due to a noticing issue.

RESULT: CONTINUED THE PUBLIC HEARING TO THE REGULAR
MEETING OF JANUARY 15, 2025 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Treasure Ortiz, Council Member, Ward 7
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT:None

6. Public Hearing on Annexation No. 48 to Community Facilities District 2019-1 (Maintenance Services) for Piedmont Mobile Home Estates (Ward 4) Recommendation:

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2024-240 of the Mayor and City Council of the City of San Bernardino, California, 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 (Maintenance Services) (Annexation No. 48); and

3.Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2024-241 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019- 1 (Maintenance Services) (Annexation No. 48); and Regular Meeting Draft Minutes December 18, 2024
Mayor and City Council of the City of San Bernardino Page 8

5.Introduce, read by title only, and waive further reading of Ordinance No.

MC-1647 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 annual costs of the maintenance and servicing of lighting, street maintenance, park maintenance, graffiti abatement, 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); and

6.Schedule the adoption of Ordinance No. MC-1647 for January 15, 2025.

Mayor Tran opened the Public Hearing at 8:17 PM.

Council Member Sanchez made a motion to continue the item, in accordance with Acting City Manager Clayton's earlier announcement.

RESULT: CONTINUED THE PUBLIC HEARING TO THE REGULAR
MEETING OF JANUARY 15, 2025 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Kim Knaus, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT:None

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

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO. 7 FOR A SEPARATE VOTE [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT:None

7. Maddy Act Local Appointments List
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino Adopt Resolution No. 2024-242 approving the Local Appointments List.

Council Member Ortiz pulled this item for further discussion. She asked that the Council be allowed to consider updating meeting starting times for boards and commissions.

She asked if staff could bring back an item to discuss starting meetings at 6:00 p.m.

Acting City Manager Clayton stated that the item would have to be brought back, since each board and commission has their own resolution associated with start times.

Regular Meeting Draft Minutes December 18, 2024
Mayor and City Council of the City of San Bernardino Page 9 RESULT: ADOPTED RESOLUTION NO. 2024-242 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Kim Knaus, Council Member, Ward 5
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT:None

8. Proposed 2025 Mayor & City Council Regular Meeting Schedule (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the Proposed 2025 Mayor and City Council Regular Meeting Schedule.

RESULT: APPROVED STAFF’S RECOMMENDATION
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT:None

9. Amendment No. 1 with Capital Edge Advocacy Inc. for Federal Legislative Advocacy Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 for the Professional Services Agreement between the City of San Bernardino and Capital Edge Advocacy Inc. to extend the agreement for an additional year (with an option for an additional one (1) year term) for federal legislative advocacy services in an amount not to exceed $90,000 annually.

10. Additional Street Segment Repair Allocation and American Rescue Plan Update (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-243 authorizing:

1. The allocation of $129,948 in American Rescue Plan Act (ARPA) funds to the Street Segment Repair Project; and
Regular Meeting Draft Minutes December 18, 2024
Mayor and City Council of the City of San Bernardino Page 10

2. The City Manager, or designee, to sign the agreements, and any subsequent amendments, subject to the review and approval by the City Attorney as to form; and

3. The Interim Director of Finance and Management Services to amend the Fiscal Year 2024/25 budget to appropriate $129,948 in expenditures in ARPA funds for the Street Segment Repair Project.

RESULT: ADOPTED RESOLUTION NO. 2024-243 [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT:None

DISCUSSION

11. Election of Mayor Pro Tempore (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, open nominations for a member of the City Council to serve as Mayor Pro Tempore.

Acting City Manager Rochelle Clayton asked for any nominations for Mayor Pro Tem or any questions for staff. Council Member Ortiz asked if an official process could be implemented so the Mayor Pro-Tem assignment rotation could be fair to all Council Members.

City Attorney Sonia Carvalho advised that some cities do have policies that dictate how the Mayor Pro-Tem is selected. However, the City does not have a current policy for this.

Council Member Sanchez made a motion to elect Juan Figueroa as Mayor Pro- Tem due to his temperament in stressful situations. He also asked if the Council could direct staff to bring back an item for a policy to formalize the process of selecting the Mayor Pro-Tem in the future.

Council Member Figueroa accepted the nomination and agreed with the need for a policy.

Regular Meeting Draft Minutes December 18, 2024
Mayor and City Council of the City of San Bernardino Page 11 RESULT: APPOINTED COUNCIL MEMBER JUAN FIGUEROA AS MAYOR

PRO TEMPORE, AND DIRECTED STAFF TO BRING BACK A

RECOMMENDATION AT A FUTURE MEETING FOR FORMAL

GUIDELINES FOR SELECTION OF A MAYOR PRO TEMPORE
[7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT:None

12.Nominations and Appointments to Various Regional Boards and Associations (All Wards)
Recommendation:

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

1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors;

2. Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors;

3. Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors;

4. Appoint one Member and one Alternate to the Omnitrans Board of Directors;

5. Appoint one Member and one Alternate to the Interagency Council on Homelessness;

6. Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly;

7. Appoint a total of five (5) Council Members to vote in the Southern California Association of Governments Regional Council District 7 Election.

Council Member Sanchez proposed the following alternative to Staff’s recommendation:

1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors;
Primary Members: Councilmembers Fred Shorett, Juan Figueroa, and Sandra Ibarra
Regular Meeting Draft Minutes December 18, 2024
Mayor and City Council of the City of San Bernardino Page 12 Alternate: Councilmember Mario Flores

2. Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors;
Primary Members: Councilmembers Kim Knaus and Theodore Sanchez Alternate: Councilmember Fred Shorett

3. Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors;
Primary Members: Mayor Helen Tran
Alternate: Councilmember Kim Knaus

4. Appoint one Member and one Alternate to the Omnitrans Board of Directors;
Primary Member: Councilmember Mario Flores*
Alternate: Councilmember Juan Figueroa

5. Appoint one Member and one Alternate to the Interagency Council on Homelessness;
Primary Member: Councilmember Treasure Ortiz
Alternate: Councilmember Sandra Ibarra

6. Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly; Primary Member: Mayor Helen Tran
Alternate: Councilmember Kim Knaus

7. Appoint a total of five (5) Council Members to vote in the Southern California Association of Governments Regional Council District 7 Election; Councilmembers Juan Figueroa, Fred Shorett, Kim Knaus, Mario Flores, and Treasure Ortiz
The Mayor and City Council confirmed their ability to attend the regional boards and associated meetings as outlined.
*Council Member Flores advised during the discussion that he preferred to be the alternate for Omnitrans, due to their early meeting start times. He asked to keep the current staff recommendation as proposed, which would be to have Mayor Tran as the Primary Member and himself as the alternate.

Regular Meeting Draft Minutes December 18, 2024
Mayor and City Council of the City of San Bernardino Page 13 The Mayor and City Council agreed to the change. Council Member Sanchez amended his motion to include this change.

RESULT: APPROVED THE AMENDED MOTION AND APPOINTED COUNCIL

MEMBERS TO THE VARIOUS REGIONAL BOARDS AND
COMMITTEES [7-0]
MOVER:Theodore Sanchez, Council Member, Ward 1
SECONDER:Fred Shorett, Council Member, Ward 4
AYES:Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz ABSENT:None

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community.

Highlights included congratulations to the new Council Members, well wishes to the outgoing members, and the recent Neighborhood Association Meetings.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, December 18, 2024, at 8:40 PM.

The next Special Meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Thursday, December 19, 2024, in the Council Chamber located at 555 West 6 th Street, San Bernardino, California 92410. Closed Session will begin at 11:15 AM.

By: Telicia Lopez
Telicia Lopez, CMC
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES
For The
Special Meeting of the Mayor and City Council
of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority WEDNESDAY, DECEMBER 18, 2024
4:00 PM
The Special Meeting was called to order at 4:00 PM by Mayor Helen Tran on Wednesday, December 18, 2024, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Absent
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Courtney Bowen Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Special Meeting Draft Minutes December 18, 2024
Mayor and City Council of the City of San Bernardino Page 2 4:00 P.M.

PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
There were no public comments or requests to speak.

DISCUSSION

1. Approval of Service Contract for Homeless Outreach Provider and Transfer of American Rescue Plan Act (ARPA) Funding to New Contract (All Wards)
Recommendation:

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

1. Accept Hope the Mission’s (HTM) Notice to Terminate its Professional Services Agreement with the City effective December 22, 2024; and

2. Authorize the City Manager to Execute a Professional Services Agreement with Salvation Army for Homeless Outreach Services beginning December 18, 2024, through December 31, 2026; and

3. Authorize the Director of Finance and Management Services to issue a Purchase Order in an amount not to exceed $680,000 to Salvation Army using the remaining ARPA funds from the terminated agreement with HTM.

Deputy Director of Housing & Homelessness Cassandra Searcy provided a presentation. She advised that during the time Hope The Mission serviced the City, they faced significant staffing capacity issues, as well as some performance-related issues. Hope the Mission submitted its termination notice on November 25, 2024. Its final day of service will be December 20, 2024. The Salvation Army is an experienced provider that can step in and provide services in place of Hope The Mission. Regular updates will be provided to the Mayor and City Council regarding the Salvation Army’s performance.

Acting City Manager Rochelle Clayton advised that the Homeless Ad Hoc committee has provided a recommendation to the Mayor and City Council to approve this contract.

Mayor Pro Tem Shorett disclosed that he is part of the Salvation Army’s advisory board, but he is not financially compensated for it. Therefore, he has been advised that he is permitted to participate in voting for this item.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER:Fred Shorett, Council Member, Ward 4
SECONDER:Kimberly Calvin, Council Member, Ward 6
AYES:Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: None
ABSENT:Reynoso
Special Meeting Draft Minutes December 18, 2024
Mayor and City Council of the City of San Bernardino Page 3

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, December 18, 2024, at 4:10 p.m.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, December 18, 2024, in the Council Chamber located at 555 West 6 th Street, San Bernardino, California 92410. Open Session will begin at 5:00 p.m.

By: Telicia Lopez
Telicia Lopez, CMC
Acting City Clerk

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 4, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager
Lynn Merrill, Director of Public Works
Department: City Manager's Office
Subject: Rescind and Reapprove the Award of a Construction Agreement to Matich Corporation for the Pavement
Rehabilitation at Fourteen Locations in the amount of
$4,750,755.00 (Project No. SS25-004) All Wards
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino California:

1. Rescind the approval of the Construction Agreement awarded to Matich Corporation on May 7, 2025, in the of $4,750,755.00 for the Pavement Rehabilitation at Fourteen Locations (Project); and

2. Approve the award of the Construction Agreement awarded to Matich Corporation, in the of $4,750,755.00 for the Pavement Rehabilitation at Fourteen Locations (Project); and

3. Authorize the project construction, construction contingencies, construction management, staff administrative costs, and independent soil and pavement testing, in the total amount of $1,500,000 for construction of the project; and

4. Authorize the City Manager or designee to execute all documents with Matich Corporation; and

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

Executive Summary
Awarding the Construction Agreement for Pavement Rehabilitation at Fourteen Locations will address critical roadway maintenance needs at several locations throughout the City. This agreement will enable the City to issue a Notice to Proceed to Matich Corporation, starting the process of upgrading and repairing deteriorating 2 4 7 0 pavement. The scope of work includes clearing, full concrete and asphalt construction, crack sealing, overlays, traffic striping, utility adjustments, and traffic control. The project will be funded through the RMRA/SB1 and Gas Tax budgets.

Background
As part of the City’s commitment to maintaining its streets, a Pavement Management Analysis (PMA) was conducted on November 24, 2021, to assess the Remaining Service Life (RSL) of all public streets. Based on this analysis, City staff developed a list of 35 locations, considering factors such as pavement condition, available funding, community input (via CRM), and coordination with planned infrastructure projects.

On June 26, 2024, the Mayor and the City Council approved Resolution No. 2024-142 of the Operating Budget of the CIP 2025-2029, which included the 35 locations list.

From this list, 14 locations have been selected for inclusion in the annual Road Maintenance and Rehabilitation Program (RMRA)/SB1.

On July 3, 2024, the Mayor and City Council adopted Resolution No. 2024-146, authorizing the Director of Finance to amend the FY 2024/25 Capital Improvement Plan. This amendment includes supplemental appropriations of $5,787,126.00 from the SB1 Fund and $1,355,877.50 from the Gas Tax Fund, totaling an additional appropriation of $7,143,003.50 for the Street Rehabilitation – 14 Locations (Project No. 13630).

On December 19, 2024, Hilltop Geotechnical, Inc. issued a Pavement Design Report for the fourteen locations, which included a comprehensive pavement evaluation. The evaluation involved the exploration of both surface and subsurface conditions of the streets, conducted between November 6 and November 8, 2024.

On May 7, 2025, the Mayor and City Council awarded a Construction Agreement to Matich Corporation, in the amount of $4,750,755.00 for Pavement Rehabilitation at fourteen locations (Project).

The project includes the following locations:
• North Mayfield Avenue from West 8th Street to 10th Street (Ward 1) • North Western Avenue from 8th Street to Union Street (Ward 1) • East Gilbert Street from North Waterman Avenue to Canyon Road (to the Bridge) (Ward 2)
• West 14th Street from North G Street to North E Street (Ward 2) • East Hardt Street from South Tippecanoe Avenue to Richardson Street (Ward 3) • East Holden Drive from the West End to the East End (Ward 3) • North Orange Street from 210 FWY and Highland Avenue (Extending the paving from Highland Avenue to Piedmont Drive is an additive) (Ward 4) • North Electric Avenue from West 40th Street to 48th Street (Ward 4) • North Varsity Avenue from West College Avenue to Universal Ave (Ward 5) • West College Avenue from University Parkway to North Citadel Avenue (Ward 5) • West Roosevelt Avenue, from Macy Street to University Parkway (Ward 6) 2 4 7 0 • North Macy Street from Roosevelt Avenue to West and East end of West Washington Avenue (including Lincoln Avenue from West End to University Parkway) (Ward 6) • West 34th Street from North Mountain View Avenue to North Sierra Way (Ward 7) • North Mountain View Avenue from West 30th Street to Edgerton Drive (Ward 7) Discussion
A Construction Agreement with Matich Corporation was awarded at the May 7, 2025, Mayor and City Council Meeting. Following the meeting, staff were informed that a City Council Member resides on one of the streets designated for improvements.

Out of an abundance of caution, it is recommended that the approval of the construction agreement be rescinded and reconsidered for approval, with the Council Member residing on one of the designated streets recusing themselves from voting on the matter.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1d. Improved Operational & Financial Capacity - Create a framework for spending decisions and 1f. Create an asset management plan. Approval of the proposed project list will allow staff to move forward in addressing deferred street maintenance needs identified in the PMA, and secure project funding resources available through RMRA/SB1.

Fiscal Impact
The total project budget is $6,250,755, which includes $4,750,755 for the contract award and $1,500,000 in contingency. The project is fully funded, with $7,143,003.50 available $5,787,126 from RMRA/SB1 funds and $1,355,877.50 from Gas Tax funds.

There is no General Fund impact. This project is budgeted in the FY 2024/25 CIP and supported by Resolution 2024-146.

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

1. Rescind the approval of the Construction Agreement awarded to Matich Corporation on May 7, 2025, in the of $4,750,755.00 for the Pavement Rehabilitation at Fourteen Locations (Project); and

2. Approve the award of the Construction Agreement awarded to Matich Corporation, in the of $4,750,755.00 for the Pavement Rehabilitation at Fourteen Locations (Project); and

4. Authorize the City Manager or designee to execute all documents with Matich Corporation; and

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

Attachments
Attachment 1 – May 7, 2025, Staff Report and Supporting Documents Ward
All Wards
Synopsis of Previous Council Actions
May 7, 2025- Mayor and Council awarded the Construction Agreement to Matich Corporation for the Pavement Rehabilitation in the amount of $4,750,755.00

Attachment 1

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:

To:

May 7, 2025
Honorable Mayor and City Council Members
Bill Gallardo, Interim City Manager;From:

Lynn Merrill, Director of Public Works
Public WorksDepartment:

Subject: Award a Construction Agreement to Matich Corporation for the Pavement Rehabilitation at Fourteen Locations in the amount of $4,750,755.00 (Project No. SS25-004) (All Wards)
Recommendation:

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

1. Approve the award of the Construction Agreement with Matich Corporation, in the amount of $4,750,755.00 for the Pavement Rehabilitation at Fourteen Locations (Project); and

2. Authorize the project construction, construction contingencies, construction management, staff administrative costs, and independent soil and pavement testing, in the total amount of $1,500,000 for construction of the project; and

3. Authorize the City Manager or designee to execute all documents with Matich Corporation; and

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

pavement. The scope of work includes clearing, full concrete and asphalt construction, crack sealing, overlays, traffic striping, utility adjustments, and traffic control. The project will be funded through the RMRA/SB1 and Gas Tax budgets.

On June 26, 2024, the Mayor and the City Council approved Resolution No. 2024-142 of the Operating Budget of the CIP 2025-2029, which included the 35 locations list.

From this list, 14 locations have been selected for inclusion in the annual Road Maintenance and Rehabilitation Program (RMRA)/SB1.

The project includes the following locations:
 North Mayfield Avenue from West 8 th Street to 10th Street (Ward 1)  North Western Avenue from 8th Street to Union Street (Ward 1)  East Gilbert Street from North Waterman Avenue to Canyon Road (to the Bridge) (Ward 2)
 West 14 th Street from North G Street to North E Street (Ward 2)  East Hardt Street from South Tippecanoe Avenue to Richardson Street (Ward 3)
 East Holden Drive from the West End to the East End (Ward 3)  North Orange Street from 210 FWY and Highland Avenue
(Extending the paving from Highland Avenue to Piedmont Drive is an additive) (Ward 4)
 North Electric Avenue from West 40 th Street to 48th Street (Ward 4)  North Varsity Avenue from West College Avenue to Universal Ave (Ward 5)  West College Avenue from University Parkway to North Citadel Avenue (Ward 5)
 West Roosevelt Avenue, from Macy Street to University Parkway (Ward 6) Packet Page. 597

 North Macy Street from Roosevelt Avenue to West and East end of West Washington Avenue (including Lincoln Avenue from West End to University Parkway) (Ward 6)
 West 34th Street from North Mountain View Avenue to North Sierra Way (Ward 7)
 North Mountain View Avenue from West 30 th Street to Edgerton Drive (Ward 7) Discussion
As part of the City’s ongoing efforts to improve and maintain the condition of public streets this project follows a comprehensive Pavement Management Analysis (PMA) conducted in November 24, 2021, which identified priority locations based on their Remaining Service Life (RSL). Since then, the City has secured funding through the SB1 and Gas Tax Funds, and additional technical evaluations have been conducted to assess the pavement conditions. This report will outline key developments, including the approval of funding allocations, the Pavement Design Report by Hilltop Geotechnical, Inc., and the next steps in the project’s implementation.

A total of $7,143,003.50 is available for the construction project, $5,787,126.00 is allocated in RMRA/SB1, and $1,355,877.50 is allocated in Gas Tax funds.

Budget
RMRA
Gas Tax
Available Project Budget
$5,787,126.00
$1,355,877.50
$7,143,003.50
The Project was advertised for public bidding on February 12, 2025, on PlanetBids and in the San Bernardino Sun newspaper on February 15, 2025. Six sealed bids were received and opened on March 18, 2025. The total bid amounts, including both the base bid and additive bid items, were as follows:

Staff has reviewed the bid package and determined that Matich Corporation of San Bernardino, California, is the lowest responsible and responsive bidder. The company Packet Page. 598

submitted a total base bid of $4,450,590.00, with the total bid amount, including both the base bid and additive items, totaling $4,750,755.00.

In addition to the construction costs, staff anticipate the need for construction contingency, construction management, administrative costs, independent soil and pavement testing and analysis, and an allowance for unforeseen work. The estimated potential cost for these additional items is $1,500,000.00.

As a result, the total projected cost for the project, including construction contingencies, construction management, staff administration, and independent soil and pavement testing, is $6,250,755.00.

Bid
Lowest Bid with Additives
Contingency & Administrative Cost
Total Construction Cost
$4,750,755.00
$1,500,000.00
$6,250,755.00
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1d. Improved Operational & Financial Capacity - Create a framework for spending decisions and 1f. Create an asset management plan. Approval of the proposed project list will allow staff to move forward in addressing deferred street maintenance needs identified in the PMA, and secure project funding resources available through RMRA/SB1.

There is no General Fund impact. This project is budgeted in the FY 2024/25 CIP and supported by Resolution 2024-146.

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

1. Approve the award of the Construction Agreement with Matich Corporation, in the amount of $4,750,755.00 for the Pavement Rehabilitation at Fourteen Locations (Project); and

3. Authorize the City Manager or designee to execute all documents with Matich Corporation; and
Packet Page. 599

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

Attachments
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Agreement with Matich Corporation
Bid Tabulation
Bid Proposal
Location Maps
Resolution No. 2024-142
Resolution No. 2024-146
Ward:

All Wards
Synopsis of Previous Council Actions:

July 3, 2024 Resolution 2024-146 Adopting List of Projects under SB1 2024/2025 Road Maintenance Program; and Authorizing the Director of Finance to Amend the FY 2024/25 Capital
Improvement Plan, Recording Supplemental Appropriations (All Wards)
Packet Page. 600

00 52 13 – CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. SS 25-004 is made and entered into this 7th day of May, 2025 by and between the CITY OF SAN BERNARDINO, with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, sometimes hereinafter called the “City” and Matich Corporation, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

PAVEMENT REHABILITATION AT FOURTEEN LOCATIONS PROJECT NO. 13630 Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 180 CALENDAR DAYS from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Four Million Seven Hundred Fifty Thousand Seven Hundred Fifty-Five Dollars ($4,750,755.00) Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and everyday completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Packet Page. 601

Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following WITH APPENDICES:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Appendix A – City of San Bernardino Business Registration Application Form Appendix B – Construction 4’ x 8’ Project Signs
Appendix C – Location Maps / Bid Items Per Street
Appendix D – City of San Bernardino and CalTrans 2023 Standard Plans and Drawings Appendix E - Monuments and Centerline Ties Appendix F - Street Striping and Signs Appendix G – Pole (Speed Feedback and RRFB Locations)
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not Packet Page. 602

limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Packet Page. 603

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF SAN BERNARDINO Matich Corporation Inc.

By:

Bill Gallardo
Interim City Manager
By:

Its:

ATTEST:

By:

Printed Name:

Telicia Lopez, Acting City Clerk By:

Its:

Printed Name:

APPROVED AS TO FORM:
149783__________________________________
Contractor’s License Number and ClassificationBy:

Best Best & Krieger LLP
City Attorney
1000004260__ __________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT
Packet Page. 604

BID TABULATION
PROJECT NAME: PAVEMENT REHABILITATION AT FOURTEEN LOCATIONS PROJECT NO: 13630
Apparent Low Bidder 1
Matich Corporation
Apparent Low Bidder 2
Copp Contracting, Inc.

Apparent Low Bidder 3 Apparent Low Bidder 4
All American Asphalt
Apparent Low Bidder 5
Calmex Engineering, Inc.

Apparent Low Bidder 6
Hardy & Harper, Inc.

BID TABULATION
Onyx Paving Company, Inc
Bid Item and Description Quantity Unit Unit Price
546,000.00
183,000.00
319,000.00

57.00 Total Price
546,000.00
Unit Price
200,000.00
Total Price
200,000.00
Unit Price
242,180.00
424,000.00
301,000.00

55.00 Total Price
242,180.00
Unit Price
340,000.00
Total Price
340,000.00
Unit Price
392,000.00
Total Price
392,000.00
Unit Price
100,000.00
Total Price
100,000.001
2 3
4 5
Mobilization 1
1 LS
LS
LS
LF
LF
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Traffic Control 183,000.00
319,000.00
68,400.00
22,500.00
65,000.00
100,000.00
105.00
65,000.00
100,000.00
126,000.00
40,000.00
424,000.00
301,000.00
66,000.00
22,000.00
314,000.00
40,000.00

92.00 314,000.00
40,000.00
110,400.00
37,500.00
305,000.00
405,000.00

57.25 305,000.00
405,000.00
68,700.00
22,875.00
178,150.00
100,000.00
105.00
178,150.00
100,000.00
126,000.00
32,500.00
Clearing and Grubbing and BMPs 1 $
$
$
$
$
$
Construct PCC Curb & Gutter per City of San Bernardino Stanadard 200, Type B to Match Exisiting; Mill All Curb Cuts Construct PCC Curb per City of San Bernardino Standard 200, Type A to Match Exisiting; Mill All Curb Cuts 1,200
500 45.00 80.00 44.00 75.00 45.75 65.00
Construct PCC Curb Access Ramp With 3'x4' Cast-In-Place Truncated Dome Surface, Min 5' Transition Panels, Curb & Gutter and AC Slot Patch per SPPWC 111-56
7 8
45 60
EA
EA
SF
$
$
$
5,700.00
8,000.00

11.30 $
$
$
256,500.00
480,000.00
19,210.00
$
$
$
9,170.00
9,000.00

22.00 $
$
$
412,650.00
540,000.00
37,400.00
$
$
$
5,550.00
7,777.00

11.00 $
$
$
249,750.00
466,620.00
18,700.00
$
$
$
8,000.00
10,350.00

23.00 $
$
$
360,000.00
621,000.00
39,100.00
$
$
$
5,800.00
8,100.00

11.50 $
$
$
261,000.00
486,000.00
19,550.00
$
$
$
9,300.00
16,500.00

18.00 $
$
$
418,500.00
990,000.00
30,600.00
Construct PCC Curb Access Ramp With 3'x4' Cast-In-Place Truncated Dome Surface, Min 5' Transition Panels, Curb & Gutter, PCC Spandrel and AC Slot Patch per SPPWC 111-5 and City Standard Dwg 201
Construct PCC Sidewalk, Bypass and/or Transition Panel Over Subgrade Compacted to 95% Relative Compaction per City of San Bernardino Standard 202; Mill All Curb Cuts 1,700
9 Construct 8' PCC Cross 6 Feet Gutter Over Subgrade per City of San Bernardino Standard No. 201; Mill All Curb Cuts Remove and Replace the Exisiting Drainage CMP and / or the Exisiting Concrete Decking with a New One as per Detail A Adjust Utility Manholes Cover to Grade
3,500
200
SF
SF
EA
SF
SF
TN
EA
LS
$
$
$
$
$
$
$
$

24.70 220.00
1,550.00

0.29 $
$
$
$
$
$
$
$
86,450.00
44,000.00
$
$
$
$
$
$
$
$

30.00 190.00
1,525.00

0.40 $
$
$
$
$
$
$
$
105,000.00
38,000.00
$
$
$
$
$
$
$
$

24.00 225.00
1,600.00

0.44 $
$
$
$
$
$
$
$
84,000.00
45,000.00
$
$
$
$
$
$
$
$

37.00 200.00
1,540.00

0.45 $
$
$
$
$
$
$
$
129,500.00
40,000.00
$
$
$
$
$
$
$
$

25.00 225.00
1,575.00

0.43 $
$
$
$
$
$
$
$
87,500.00
45,000.00
$
$
$
$
$
$
$
$

42.00 225.00
1,400.00

0.45 $
$
$
$
$
$
$
$
147,000.00
45,000.0010
11 12
13 14
15 16
80 124,000.00
290,000.00
27,550.00
122,000.00
400,000.00
37,050.00
128,000.00
440,000.00
31,350.00
123,200.00
450,000.00
38,000.00
126,000.00
430,000.00
31,350.00
112,000.00
450,000.00
42,750.00
Cold Mill 2" Uniform Depth - Full Street Width per Project Specifications 1,000,000 95,000
100,000
16,000
20 Cold Mill 1 1/2" Uniform Depth - Full Street Width per Project Specifications Cold Mill 3" Uniform Depth / Full Street Width per Project Specifications

0.29 0.39 0.33 0.40 0.33 0.45

0.34 34,000.00 0.52 52,000.00 0.66 66,000.00 0.70 70,000.00 0.75 75,000.00 0.80 80,000.00 AC Overlay Per Project Specifications 94.00 1,504,000.00 16,200.00
119.45
725.00
1,911,200.00
14,500.00
114.00
1,500.00
1,824,000.00
30,000.00
112.00
720.00
1,792,000.00
14,400.00
117.50
725.00
1,880,000.00
14,500.00
125.00
800.00
2,000,000.00
16,000.00Replace Exisiting Traffic Loop Detector Complete in Place per Caltrans Standard ES-5B, and Project Specifications 810.00 Install Thermoplastic Traffic Striping, Signage, Pavement Messages, Pavement Marking, Crosswalks and Glue Down RPM's Complete In Place per Caltrans Standard A20A, A20B, A24E and Specifications
17 1 EA $ 70,000.00 $ 70,000.00 $ 69,155.00 $ 69,155.00 $ 77,000.00 $ 77,000.00 $ 69,000.00 $ 69,000.00 $ 70,500.00 $ 70,500.00 $ 70,000.00 $ 70,000.00 18 19
20 21
Install City Furnished Solar Powered Radar Speed Feedback Sign on Exisiting Pole Furnish and Install Speed Feedback Sign on Contractor Furnished Pole 4 1
2 2
EA
EA
EA
EA
$
$
$
$
1,030.00
11,300.00
7,700.00
1,030.00
$
$
$
$
4,120.00
11,300.00
15,400.00
2,060.00
$
$
$
$
3,000.00
16,000.00
7,400.00
2,100.00
$
$
$
$
12,000.00
16,000.00
14,800.00
4,200.00
$
$
$
$
1,600.00
8,500.00
8,500.00
5,250.00
$
$
$
$
6,400.00
8,500.00
$
$
$
$
2,560.00
12,500.00
6,100.00
2,000.00
$
$
$
$
10,240.00
12,500.00
12,200.00
4,000.00
$
$
$
$
2,575.00
12,600.00
6,200.00
2,100.00
$
$
$
$
10,300.00
12,600.00
12,400.00
4,200.00
$
$
$
$
1,000.00
15,000.00
10,000.00
1,000.00
$
$
$
$
4,000.00
15,000.00
20,000.00
2,000.00
Install City Furnished Flashing Beacons on Contractor Furnished and Installed Poles Remove Poles and Signs and All Attached Equipment
17,000.00
10,500.00
22 Install Rectangular Rapid Flashing Beacon (RRFB) System with Advanced Flashers (Two Flashers at the Crosswalk and Two Flashers in Advance) 1 EA $ 60,000.00 $ 60,000.00 $ 70,000.00 $ 70,000.00 $ 46,000.00 $ 46,000.00 $ 59,000.00 $ 59,000.00 $ 60,000.00 $ 60,000.00 $ 60,000.00 $ 60,000.00 23 24
Remove Exisiting Tree and Roots 1
2 EA
TN
$
$
8,800.00
4,100.00
$
$
8,800.00
8,200.00
$
$
9,400.00
1,300.00
$
$
9,400.00
2,600.00
$
$
10,000.00
5,000.00
$
$
10,000.00
10,000.00
$
$
8,600.00
2,650.00
$
$
8,600.00
5,300.00
$
$
8,750.00 $
$
8,750.00 $
$
9,500.00
3,000.00
$
$
9,500.00
6,000.00Project Construction Signs per Active Construction Location 11,000.00 22,000.00 Remove Exisiting and Construct up to 4" Depth Pavement Repair, Where Needed (Quantity is an allowance to be used where directed; actual quantity will vary)
25 26
1,000
300
TN
SF
$
$
145.00
295.00
$
$
145,000.00
88,500.00
$
$
278.18
165.00
$
$
278,180.00
49,500.00
$
$
220.00
300.00
$
$
220,000.00
90,000.00
$
$
233.00
153.00
$
$
233,000.00
45,900.00
$
$
300.00
298.00
$
$
300,000.00
89,400.00
$
$
235.00
300.00
$
$
235,000.00
90,000.00Remove Exisiting and Construct New Parkway Culvert Concrete Decking Including Constructing the Inlet and the Outlet Openings with Modified Depression as per the City Modified Standard Drawing #400, and Detail A Consturct Concrete Sidewalk Corner (Panels and Curb) with Maximum Slope of 2.0% and to be Matched with the Existing Surrounding Levels, Without Any Changes in the Elevation, Cast in Place Federal Yellow Truncated Dome, and Rebuilding of Circular Drain Lid as Per SPPWC 111-5, and Detail B27 2 EA $ 8,200.00 $ 16,400.00 $ 15,000.00 $ 30,000.00 $ 8,000.00 $ 16,000.00 $ 30,000.00 $ 60,000.00 $ 8,325.00 $ 16,650.00 $ 10,000.00 $ 20,000.00 Apparent Low Bidder
1 Apparent Low Bidder
2 Apparent Low Bidder
3 Apparent Low Bidder
4 Apparent Low Bidder
5 Apparent Low Bidder
6BID RANKING
TOTAL BID AMOUNT CALCULATED BASED ON UNIT PRICES $4,450,590.00 $4,756,635.00 $4,950,000.00 $5,038,840.00 $5,256,275.00 $5,400,000.00

TOTAL BID AMOUNT INDICATED BY BIDDER
CALCULATION CORRECTIONS TO BID AMOUNT SUBMITTED BY CONTRACTOR BASED ON CALCULATED BID AMOUNT $4,450,590.00 $4,756,635.00 $4,950,000.00 $5,038,840.00 $5,256,275.00 $5,400,000.00

ALTERNATE
A1. For Bid
Items 13 &
14 Cold Mill (1 1/2" and 3") Uniform / Full Depth - Full Street Width and Haul to the Olympic Pool located Adjacent to Norton Recreation Center including Leveling and 12 Weep Holes for Drainage 1,355 CY $ 53.00 $ 71,815.00 $ $

69.00 $
$
93,495.00 $ 50.00 $
$
67,750.00 $
$

71.00 $ 96,205.00 $ 63.75 $
$
86,381.25 $ 135.00 $ 182,925.00
$71,815.00 $93,495.00 $67,750.00 $96,205.00 $86,381.25 $182,925.00

ALTERNATE TOTAL

ADDITIVE
B1. Utility Standby Time (Per the City) 1
8 MONTH
EA
$
$
8,300.00
8,200.00
$
$
8,300.00 128,000.00 128,000.00 $ 55,000.00 55,000.00 16,000.00 $ 16,000.00 $ 28,500.00 28,500.00 $ 10,000.00 $ 10,000.00 Construct PCC Curb Access ramp With 3'x4' Cast-In-Place Truncated Dome Surface, Min 5' Transition Panels, Curb & Gutter, PCC Spandrel and AC Slot Patch per SPPWC 111-5 and City Standard Dwg 201
B2. 65,600.00
$
$
$
14,000.00

0.41 $
$
$
112,000.00
43,050.00
155,285.00
$
$
$
8,000.00

0.44 $
$
$
64,000.00
46,200.00
143,000.00
$
$
$
15,700.00

0.50 $
$
$
125,600.00
52,500.00
158,600.00
$
$
$
8,350.00

0.50 $
$
$
66,800.00
52,500.00
184,600.00
$
$
$
16,500.00

0.45 $
$
$
132,000.00
47,250.00
162,500.00
B3.

B4.

Cold Mill 2" Uniform Depth - Full Street Width per Project Specifications AC Overlay per Project Specifications
105,000
1,300
SF
TN
$
$

0.27 $
$
28,350.00

97.00 126,100.00 119.45 110.00 122.00 142.00 125.00
$228,350.00 $438,335.00 $308,200.00 $352,700.00 $332,400.00 $351,750.00

ADDITIVE TOTAL
BASE BID + ALTERNATVE + ADDITIVE TOTAL
$4,750,755.00 $5,288,465.00 $5,325,950.00 $5,487,745.00 $5,675,056.25 $5,934,675.00

IS THE BIDDER QUALIFIED BASED ON REFERENCE PROJECTS
SUBCONTRACTOR % AND AMOUNT SHOWN IN THE BID
DID THE BIDDER MEET MAX 49% SUB CONTRACTOR (MIN 51% WORK BY PRIME CONTRACTOR) REQUIREMENT

SUBCONTRACTORS
TOTAL TOTAL $0.00 TOTAL $0.00 TOTAL $0.00 TOTAL $0.00 TOTAL S:\ENGINEERING\RFCA's\2025 All\05.07.2025\Award 14 Streets Paving project\Bid Tabulation.xlsxBID TABULATION Packet Page. 605 1 of 1

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N. Mayfield Ave from 8th Street to W 10th Street
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N. Western Avenue from W Union Street to W 8th Street
E. Gilbert Street from N. Western Avenue to Canyon Road (to the Bridge) Packet Page. 654

W. 14th Street from N. G Street to N. E Street
E. Hardt Street from Tippecanoe Avenue to Richardson Street Packet Page. 655

E. Holden Drive from West End to East End
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N. Orange Street from 210 FWY and Highland Avenue
(Extending the paving from Highland Avenue to Piedmont Drive is an additive) N. Electric Avenue from W. 40th Street to 48th Street
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N. Varsity Avenue from W. College Avenue to Universal Ave W. College Avenue from University Parkway to N. Citadel Avenue Packet Page. 658

N. Macy Street from Roosevelt Ave to West and East End of Washington Ave (including Lincoln Ave from West End to University Parkway) W. Roosevelt Avenue from Macy Street to University Street E. 34th Street from N. Mountain View to N. Sierra Way
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8. Approve

Vendor

Services

Agreement

(VSA)

with

Sehi

Computer

Products

an
amount

not

exceed

$132,352.35,

expand

fiber

optic

capabilities

the

City

of
San Bernardino Police Department (All Wards)
Recommendation:

recommended

that

the

Mayor

and

City

Council

the

City

San

Bernardino,
California:

1. Authorize

the

City

Manager

execute

Professional

Services

Agreement
with

Sehi

Computer

Products

for

the

procurement

fiber

optic

hardware
and installation services;

2. Authorize

the

Director

Finance

Management

Services,

their
designee,

issue

purchase

order

Sehi

Computer

Products

an
amount not to exceed $132,352.35.

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 4, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Rolland Kornblau, Director of Information Technology
Department: Information Technology
Subject: Approve a Vendor Services Agreement (VSA) with Sehi Computer Products in an amount not to exceed
$132,352.35, to expand fiber optic capabilities at the City of San Bernardino Police Department (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute a Professional Services Agreement with Sehi Computer Products for the procurement of fiber optic hardware and installation services;

2. Authorize the Director of Finance & Management Services, or their designee, to issue a purchase order to Sehi Computer Products in an amount not to exceed $132,352.35.

Executive Summary
In 2024, the city initiated the relocation of the Main Data Center (MDC) from the outdated and vacant City Hall building at 300 E Street to a secure and reliable facility at 201 E Street. The relocation addressed pressing safety and reliability concerns posed by the aging infrastructure. The fiber expansion project is a critical component of this initiative, ensuring seamless connectivity between the city's facilities.

Background
On February 21, 2024, the Mayor and City Council authorized the procurement of new hardware for the Main Data Center (MDC), prompted by the aging equipment nearing the end of its service life, reliability and safety concerns at the vacant 300 E Street building. To address this issue, the Council authorized the procurement of hardware to relocate the MDC to a more secure and dependable facility at 201 E Street.

In September 2024, the first phase of the fiber optic installation at the 201 E Street facility commenced. This phase provided upgraded connectivity to support the city’s evolving technological needs.

Discussion
Expanding the fiber optic infrastructure to the Police Department is essential for enhancing communication reliability and supporting the city's evolving technological needs. Sehi Computer products are chosen for the acquisition due to their proven expertise with the city's network infrastructure and past success in similar projects.

Sehi's familiarity and assessment of the city’s existing systems ensures the project can proceed efficiently, avoiding delays and additional cost. It also lays the groundwork for potential future upgrades to the city’s technological framework.

The total project cost of $132,352.35 is allocated within the city’s approved 2024-2025 Information Technology Network Budget for fiber optic cabling upgrades, requiring no additional appropriations as this item is a single source. 2021-2025 Strategic Targets and Goals
The request to expand the fiber optic aligns with Goal No. 1: Improved Operational and Financial Capacity. By investing in the infrastructure, the city demonstrates its commitment to strengthen its technologic foundation and operational resilience.

Fiscal Impact
The total cost of the hardware procurement and installation serviced is estimated at $132,352.35. This expenditure will be funded from FY 24/25 Operating Budget.

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

1. Authorize the City Manager to execute a Professional Service Agreement with Sehi Computer Products for the procurement of fiber optic hardware and installation services;

2. Authorize the Director of Finance & Management Services, or their designee, to issue a purchase order to Sehi Computer Products in an amount not to exceed $132,352.35.

Attachments
Attachment 1 - Sehi Computer Products Quote
Attachment 2 - Vendor Services Agreement - Sehi Computer Products Ward:

All Wards
Synopsis of Previous Council Actions:

On February 21, 2024, the Mayor and City Council approved Request for Purchase Authorization for Data Center Replacement
SBC401
Master No.

Quote
290 North "D" St/ City Hall to PD Fiber Run 96
Frank Cervantes / Rolland Kornblau
San Bernardino CA 92401
1 Q00157149
4/1/2025
Quote Number Customer ID Salesperson ID Shipping Method Payment Terms Quantity Item Number Description UOM Unit Price Ext. Price Ship To:Bill To:

Date
Page
City of San Bernardino
Q00157149 BEST Net 30 474,447
Sehi Computer Products, Inc.
1275 Puerta Del Sol
San Clemente, CA 92673
1-800-346-6315
rebeccar
City of San Bernardino
290 North "D" Street
Accounts Payable / Rolland Kornblau
San Bernardino, CA 92401
$24,324.00 $24,324.00 Each 1 JB-HARDWARE Hardware for City Hall for PD Fiber Run 96 - includes:
96 Strand Outdoor Fiber Optic Cable, OS2 9-125
Singlemode - Splice Cassette - 4RU Light Box
$105,900.00 $105,900.00 Each 1 JB-INSTALL J and B Communication Labor/Install/Services/Equipment Pricing is valid for 30 days, unless there are any $130,224.00 $0.00
$2,128.35
$0.00
$0.00
unforeseen manufacturer price increases including
tariffs.

Subtotal
Misc
Tax
Freight
Trade Discount
Total $132,352.35

1 VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND SEHI COMPUTER PRODUCTS INC
This Agreement is made and entered into as of June 4, 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 Sehi Computer Products, Inc., a California Corporation with its principal place of business at 1275 Puerta Del Sol, San Clemente, California, 92673 (hereinafter referred to as “ Vendor”). City and Vendor are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

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

Fiber optic cable installation between City Hall and the Police Department (hereinafter referred to as “the Project”).

B. Vendor 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 Vendor to provide the services described herein.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

3. Vendor Practices. All vendor services to be provided by Vendor pursuant to this Agreement shall be provided by personnel identified in their proposal. Vendor warrants that Vendor 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 Vendor’s performance of this Agreement. Vendor 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 “A.”

2 b. In no event shall the total amount paid for services rendered by Vendor under this Agreement exceed the sum of $$132,352.35. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

Vendor may submit invoices to City for approval. Said invoice shall be based on the total of all Vendor’s services which have been completed to City’s sole satisfaction. City shall pay Vendor’s invoice within forty-five (45) days from the date City receives said invoice.

The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Vendor 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 Vendor 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 s cope of work. Such amendment shall not render inef fective 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 Vendor in writing.

6. Term. This Agreement shall commence on the Effective Date and continue through July 7 th, 2025, unless the Agreement is previously terminated as provided for herein (“Term”).

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

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

9. Delays in Performance.
a. Neither City nor Vendor shall be considered in default of this

3 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 Vendor’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 l imitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, gi ve written notice to the other P arty describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Vendor to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

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

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

13. City Business Certificate . Vendor shall, prior to execution of this

4 Agreement, obtain and maintain du ring 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 Vendor to practice his/her profession, skill, or business.

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

15. Independent Vendor. Vendor is retained as an independent contractor and is not an employee of City. No employee or agent of Vendor 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 Vendor shall at all times be under Vendor’s exclusive direction and control. Vendor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Vendor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. Insurance. Vendor 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, Vendor 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 Vendor’s and its sub Vendors’ 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 Vendor 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:

5 Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Vendors 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 Vendor 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.

6 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Vendor certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Vendor has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Vendor 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. Vendor shall require all sub Vendors 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 Vendor 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 Vendor. “Cover ed Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or l oss of service, and (4) the introduction, implantation or spread of malicious software code.
g. Aviation and/or Drone Liability
At all times during the performance of the work under this Agreement, the Vendor shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City.

7 h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

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

Cyber Liability $1,000,000 per occurrence and
aggregate
Aviation/Drone Liability NOT APPLICABLE
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Vendor 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 repr esentative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Vendor shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the

8 Vendor 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 Vendor 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 Vendor’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Vendor shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Vendor 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 Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subVendors.
(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 Vendor from liability in excess of such coverage, nor shall it limit the Vendor’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l. Additional Insurance Provisions

9 (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Vendor, 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 Vendor pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Vendor or City will withhold amounts sufficient to pay premium from Vendor payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Vendor to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. SubVendor Insurance Requirements . Vendor shall not allow any subcontractors or sub Vendors 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 sub Vendors 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 Vendor, City may approve different scopes or minimum limits of insurance for particular subcontractors or subVendors.

17. Indemnification.
a. To the fullest extent permitted by law, Vendor 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 prop erty 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 Vendor, its officials, officers, employees, subcontractors, Vendors or agents in connection with the performance of the Vendor’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. Vendor'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. Vendor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.

10 b. If Vendor’s obligation to defend, indemnify, and/or hold harmless arises out of Vendor’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, Vendor’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 Vendor in the performance of the services or this Agreement, and, upon Vendor obtaining a final adjudication by a court of competent jurisdiction, Vendor’s liability for such claim, including the cost to defend, shall not exceed the Vendor’s proportionate percentage of fault.

18. California Labor Code Requirements. Vendor 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, Vendor agrees to fully comply with such Prevailing Wage Laws, if applicable. Vendor shall defend, indemnify and hold th e 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 Vendor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

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

19. Verification of Employment Eligibility. By executing this Agreement, Vendor 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 subcontractors and sub-subcontractors to comply with the same.

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

11 21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Vendor. 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 Vendor the reasonable value of services rendered for any portion of the work completed pri or 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 Vendor 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. Vendor shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Vendor may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Vendor.

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

23. Responsibility for Errors . Vendor shall be responsible for its work and results under this Agreement. Vendor, 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 Vendor’s services occurs, Vendor shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

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

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

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and

12 Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. Organization. Vendor shall assign Hady Marcos as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Director of Information Technology

With Copy To:

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

VENDOR:

Sehi Computer Products, Inc.
1275 Puerta Del Sol, San Clemente,
California, 92673

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

31. Equal Opportunity Employment . Vendor 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 Fede ral Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

32. Entire Agreement. This Agreement, including Exhibit “A ,” represents the entire understanding of City and Vendor 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 hereun der. 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.

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

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

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

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

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

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

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

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

40. Prohibited Interests . Vendor maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, 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 righ t 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 anticipate d material benefit arising therefrom.

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

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

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

44. Disciplinary Actions in Phases for Non-Performance. Failure for Vendor to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal) . Vendor is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Vendor.
(ii) Formal Written Warning . A formal written warning is issued to Vendor pursuant to Section 29 of this Agreement. Vendor must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Vendor, Vendor shall be provided a reasonable time to make corrections to their performance. This time period (iii) Formal Penalty Issued . A penalty of 15% of the Vendor’s current invoice amount or annual contract amount is deducted for non-performance after previous warnings have been issued.
(iv) Termination of Contract . If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement.

[SIGNATURES ON FOLLOWING PAGE]

15 SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND SEHI COMPUTER PRODUCTS INC

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

CITY OF SAN BERNARDINO
APPROVED BY:

Bill Gallardo
Interim City Manager

ATTESTED BY:

Telicia Lopez
Acting City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

VENDOR

Signature

Name

Title

16 EXHIBIT A
Vendor shall provide all necessary equipment, labor, and services to complete the fiber run between City Hall and the Police Department, as further detailed in the attached quote. Services shall include, but are not limited to:

1. Furnishing Hardware

• 96 Strand Outdoor Fiber Optic Cable, OS2 9-125 Singlemode • Splice Cassette
• 4RU Light Box

2. Installation Services

• Labor and services required for installation
• Equipment and tools necessary to complete the fiber run • Coordination with City staff to schedule and perform installation with minimal disruption to City operations

3. Deliverables

• Complete fiber installation between City Hall and PD
• Final inspection and verification of installation
• Turnover of all project documentation, including any warranties or manuals All work shall be performed in accordance with industry standards and applicable laws and regulations.

The vendor’s quote dated April 1, 2025, identified as Quote No. Q00157149, is attached and incorporated by reference as part of this Exhibit A.

[ATTACHMENT ON FOLLOWING PAGE]

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2 CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 4, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Ed Erjavek, Library Director
Department: Library
Subject: Approve a Goods Purchase Agreement with Ingram Library Services, LLC for the purchase of books in an
amount not to exceed $175,000 (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute the Goods Purchase Agreement with Ingram Library Services, LLC, through June 30, 2027, for the purchase of Library books; and

2. Authorize the Interim Director of Finance and Management Services to approve an annual purchase order for an amount not to exceed $175,000 per fiscal year.

Executive Summary
This Goods Purchase Agreement continues the purchase of library books including their cataloging and processing from Ingram Library Services, LLC, to provide books for Library patrons at the four libraries for an annual amount not to exceed $175,000 per fiscal year. The Library’s existing agreement with Ingram expires June 30, 2025 This agreement is “piggybacking” on a city of Mission Viejo agreement for its Library with Ingram.

Background
The Library has purchased books for its patrons for the last several years from Ingram Library Services LLC, which is one of the major providers of books to public libraries in the United States. The Library’s Ingram contract expires June 30, 2025.

Since Library staff who orders books prefers to continue utilizing Ingram - the Library Director hoped to “piggyback” off another public agency’s recent agreement following 2 7
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an RFP process. The City’s Resolution No. 2023-020 dated January 18, 2023, approved and adopted the City’s Purchasing Policy and Procedure Guide (“Purchasing Policy”), which authorizes the City to engage in cooperative purchasing for goods or services as a third party agency piggybacking on another agency’s competitively bid agreement pursuant to Section V(b) (Cooperative Purchases) of the Purchasing Policy; The Finance Department/Purchasing Division requested permission from the city of Mission Viejo to “piggyback” on its 2024 agreement and it was received March 31, 2025.

The agreement will allow for two (2) additional one (1) year terms and in no event shall the total amount paid for Goods provided by Supplier under this Agreement exceed the sum of seven hundred thousand dollars ($700,000).

Pricing under this Agreement is based on and incorporates the pricing terms set forth in the City of Mission Viejo Agreement No. A24-24 with Ingram Library Services, LLC, dated July 1, 2024. Ingram Library Services agrees to honor these terms for the duration of this Agreement, including any renewal periods.

Discussion
The proposed agreement is warranted because of staff satisfaction with the vendor.

Ingram offers a vast supply from most book publishers to public libraries to simplify the ordering process. It also catalogs and processes books so when the Library receives its order, they are soon ready for patrons to check out. Staff is satisfied with Ingram for its wide range of books available for all types of readers including Spanish language materials, its ability to fulfill orders with minimal cancellations and providing books that are in stock within several days. The Library provides books for our patrons at its four locations to further their educational, cultural, and recreational interests.
2021-2025 Strategic Targets and Goals
The request to purchase library books for the educational, cultural, and recreational interests of our patrons aligns with Key Target No. 3: Improved Quality of Life.

Fiscal Impact
The fiscal impact for this item is a not-to-exceed amount of $175,000 for FY 2025/26.

Sufficient budget is available in the Library's FY 2025/26 budget to support this as purchase of books for patrons to check out is an annual budgeted-purchase.

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

1. Authorize the City Manager to execute the Goods Purchase Agreement with Ingram Library Services, LLC, through June 30, 2027, for the purchase of Library books; and
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2. Authorize the Interim Director of Finance and Management Services to approve an annual purchase order for an amount not to exceed $175,000 per fiscal year.

Attachments
Attachment 1 Goods Purchase Agreement
Attachment 2 City of Mission Viejo RFP and Agreement

Ward: All
Synopsis of Previous Council Actions:

Aug. 21, 2024 The Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 3 to the Goods Purchase Agreement with Ingram Library
Services, LLC, for a one-year option for Fiscal Year 2024/25 and increasing the annual amount by $65,000 for a not-to exceed amount of $150,000 for the purchase of library books and authorize the Interim Director of Finance and Management Services to approve a purchase order for an amount not to exceed $150,000.

Oct. 5, 2022 The Mayor and City Council of the City of San Bernardino, California, authorize the Library Director to execute Amendment No. 1 to the agreement between San Bernardino Public Library (SBPL) and Ingram Library Services, LLC, for the purchase of library books and authorize the Agency Director of Administrative Services to approve an annual purchase order for an amount not to exceed $85,000.

Sept. 1, 2021 The Mayor and City Council adopted Resolution No. 2021-215, approving an agreement with Ingram Library Services, LLC.

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GOODS PURCHASE AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO
AND

INGRAM LIBRARY SERVICE

This Goods Purchase Agreement (“Agreement”) is entered into as of July 1, 2025 (“Effective Date”), by and between the City of San Bernardino (a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401) (“City”), and Ingram Library Service (a Tennessee limited liability company with its principal place of business at One Ingram Boulevard, La Vergne, Tennessee 37086- 1986) (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and collectively as “Parties”.

RECITALS

A. City has a need for Supplier’s customized library outsourcing services to support the City’s collection development, acquisitions, cataloging, and physical processing needs (“Customized Library Services”); and

B. The City of Mission Viejo (“Mission Viejo”) published a request for proposals for Customized Library Services on April 30, 2024; and selected the Supplier; and

C. Supplier entered into agreement with Mission Viej o dated July 1, 2024 (“Master Agreement”), for the purpose of providing Customized Library Services as set forth in Exhibit D (attached hereto and incorporated herein by reference); and

D. Public Contract Code Section 10298(a) provides for the “piggybacking” or intra-government purchasing using another public agency’s agreement; and

E. City’s Resolution No. 2023 -020 dated January 18, 2023 , approved and adopted the City’s Purchasing Policy and Procedure Guide (“Purchasing Policy”), which authorizes the City to engage in cooperative purchasing for goods or services as a third- party agency piggybacking on another agency’s competitively bid agreement pursuant to Section V(b) (Cooperative Purchases) of the Purchasing Policy; and

F. Mission Viejo authorized the City to piggyback off the Master Agreement via a notification submitted by electronic mail on March 31, 2025; and

G. The Parties desire to enter into this Agreement to enable the City to piggyback off the Master Agreement for the Customized Library Services.

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AGREEMENT

Section 1. DEFINITIONS
A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor, or other services (including design, engineering, and installation services) provided by Supplier as specified in Exhibit A (Goods and Specifications) (attached hereto and incorporated herein by reference).

B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered to City ready for approval, testing, and/or use as specified in Exhibit B (Delivery Schedule) (attached hereto and incorporated herein by reference).

Section 2. MATERIALS AND WORKMANSHIP
When Exhibit A specifies machinery, equipment, or material by manufacturer (model or trade name), no substitution will be made without City’s written approval.

Machinery, equipment, or material installed in the Goods without the approval required by this Section 2 will be deemed to be defective material for purposes of Section 4. Where machinery, equipment, or materials are referred to in Exhibit “A” as equal to any particular standard, City will decide the question of equality. Supplier will furnish City with the name of the manufacturer, the performance capabilities, and other pertinent information necessary to properly determine the quality and suitability of any machines, equipment, and material to be incorporated in the Goods when requested by City. Material samples will be submitted at City’s request.

Section 3. INSPECTIONS AND TESTS
City shall have the right to inspect and/or test the Goods prior to acceptance. City may reject the Goods (without prejudice to any other rights or remedies) or exercise any of its rights under Section 4.C if (upon inspection or testing) the Goods or any portion thereof are found to be nonconforming, unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or specifications contained in Exhibit “A”. The inspection, failure to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to reject nonconforming goods; provided however that City shall notify Supplier of a rejection of nonconforming goods or revocation of acceptance thereof, and specify with particularity any defect in nonconforming goods after rejection or acceptance thereof within sixty (60) days of the invoice date.

Section 4. WARRANTY

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A. Supplier warrants that the Goods will be of merchantable quality and free from defects in design, engineering, material, and workmanship for a period of two (2) years; or such longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City from the date of final written acceptance of the Goods by City as required for final payment under Section 7. Supplier further warrants any services provided in connection with the Goods will be performed in a professional and workmanlike manner, and in accordance with the highest industry standards.

B. Supplier further warrants that all machinery, equipment, or process included in the Goods will meet the performance requirements and specifications specified in Exhibit A and shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any such machinery, equipment, or process will not relieve Supplier of its obligations under this Section 4.B.

C. If City selects repair or replacement, any defects will be remedied without cost to City (including but not limited to the costs of removal, repair, replacement of the defective Goods, and reinstallation of new Goods). All such defective Goods that is so remedied will be similarly warranted as stated above. In addition, Supplier will repair or replace other items of the Goods which may have been damaged by such defects or the repairing of the same (all at its own expense and without cost to City). For any breach of the warranties contained in Section 4.A and Section 4.B, Supplier will (immediately after receiving notice from City at the option of City, and at Supplier’s own expense and without cost to City):

1. Repair the defective Goods;

2. Replace the defective Goods with conforming Goods, free on board plant, office, or other location of City where the Goods was originally performed or delivered; or

3. Repay to City the purchase price of the defective Goods.

D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

E. In the event of a breach by Supplier of its obligations under this Section 4, City will not be limited to the remedies set forth in this Section 4; but will have all the rights and remedies permitted by applicable law, including without limitation, all of the rights and remedies afforded to City under the California Commercial Code.

F. Returns. Supplier’s return policies provide prompt and efficient resolution for reporting and returning Goods. A return authorization number is not required; though

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(in some cases as indicated below) City will be asked to report returns to Supplier in advance. Supplier cannot accept returns of Goods not stocked or provided by Supplier under this Agreement.
(1) City may return any unprocessed Goods (including items City mistakenly ordered) as a “Hassle-Free” return for up to sixty (60) days after the invoice date. City shall not be required to obtain return authorization for such returns. City shall include a copy of the Hassle-Free Returns form (included on each packing slip or printed from Supplier’s ipage) in each carton of Hassle-Free returns shipped to Supplier.

Supplier will not charge a restocking fee for Goods returned under this section, except that Goods returned under this paragraph later than sixty (60) days after the invoice date may incur a restocking fee at Supplier’s discretion. (2) Goods with cataloging or processing per City’s specifications are no longer in re-saleable condition; and therefore are non-returnable, except due to Supplier’s error. Other non-returnable Goods (as determined by the publisher of the Goods) will be indicated as such in ipage.

Section 5. PRICES AND TERM
A. The term of this Agreement shall terminate on June 30, 2027, unless earlier terminated as provided herein. City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically no more than two (2) additional one (1) year terms.

B. Unless expressly provided otherwise, all prices and fees specified in Exhibit “C,” attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. All prices quoted in Exhibit C are exclusive of any applicable sales and use tax. Sales and use tax will be added to the invoice issued by Supplier as required by California sales and use tax regulations.

The pricing set forth in Exhibit C (Fee Schedule) (attached hereto and incorporated herein by reference) leverages the pricing established under the Master Agreement.

C. In no event shall the total amount paid for Goods provided by Supplier under this Agreement exceed the sum of seven hundred thousand dollars ($700,000).

No warranty is given or implied as to the total amount of Goods that may be purchased by the City during the term of this Agreement.

Section 6. CHANGES
City (at any time, by a written order, and without notice to any surety) may make changes in the Goods (including but not limited to City’s requirements and specifications).

If such changes affect the cost of the Goods or time required for Supplier’s performance, an equitable adjustment will be made in the price or time for performance or both. Any change in the price necessitated by such change will be agreed upon between City and

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Supplier; and such change will be authorized by a change order document signed by City and accepted by Supplier.

Section 7. PAYMENTS
A. Terms of payment are net thirty (30) days, less any applicable retention after receipt of invoice. Final payment shall be made by City after Supplier has satisfied all contractual requirements.

B. Each “Item for Payment” shown in Exhibit B and each change order will be itemized on the invoice. Invoices for cost plus work, whether part of Exhibit B or a change order, must have subcontractor and/or supplier invoices attached to Supplier’s invoice.

Other format and support documents for invoices will be determined by City in advance of the first invoice cycle.

C. Upon written notice to Supplier, payments otherwise due may be withheld by City on account of defective Goods not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or other claims, failure of Supplier to make payments properly to its subcontractors or for material or labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other obligations. If the causes for which payment is withheld are removed, the withheld payments will be made promptly. If the said causes are not removed within thirty (30) days after written notice, City may remove them at Supplier’s expense.

Section 8. SCHEDULE FOR DELIVERY
A. Supplier shall use commercially reasonable efforts to perform under this Agreement in a timely manner . The Goods will be delivered in accordance with the schedule set forth in Exhibit “B”. Supplier must , within a commercially reasonable time, notify City in writing any time delivery is behind schedule or may not be completed on schedule.

B. In the event that the Goods is part of a larger project or projects that require the coordination of multiple contractors or suppliers, then Supplier will cooperate, to the best of its ability, in scheduling the delivery so that City can maximize the efficient completion of such project(s).

Section 9. TAXES
A. Supplier agrees to calculate, bill, and collect any sales and use tax applicable to the Goods provided to City. The City agrees to timely pay all sales and use tax to Supplier upon receipt of the invoice for the Goods subject to such sales and use tax.

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B. All other taxes (however denominated or measured) imposed upon the price of the Goods provided hereunder will be the responsibility of Supplier. In addition, all taxes assessed by any taxing jurisdiction based on Supplier property used or consumed in the provision of the Goods (such as and including ad valorem, use, personal property, and inventory taxes) will be the responsibility of Supplier.

Section 10. INDEPENDENT CONTRACTOR
Supplier enters into this Agreement as an independent contractor and not as an employee of City. Supplier shall have no power or authority by this Agreement to bind City in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors, or subcontractors hired or retained by the Supplier are employees, agents, contractors, or subcontractors of the Supplier and not of City. City shall not be obligated in any way to pay any wage claims or other claims made against Supplier by any such employees, agents, contractors, or subcontractors or any other person resulting from performance of this Agreement.

Section 11. SUBCONTRACTS
Unless otherwise specified, Supplier must obtain City’s written permission before subcontracting any portion of the Goods. Except for the insurance requirements in Section

13.A, all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any other part of the Goods will require that the subcontractor be bound by and subject to all of the terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its obligations to City (including but not limited to Supplier’s insurance and indemnification obligations). No subcontract or order will bind City.

Section 12. TITLE AND RISK OF LOSS
City will have title to (and risk of loss of) all completed and partially completed portions of the Goods upon delivery unless otherwise agreed, as well as materials delivered to and stored on City property which are intended to become a part of the Goods. However, consistent with Sections 3 and 4 of this Agreement, Supplier will be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its subcontractors, agents or employees, and Supplier will replace or repair said Goods or materials at its own cost to the reasonable satisfaction of City. Notwithstanding the foregoing, City shall have title to (and the right to take possession of) such Goods at any time following payment therefor in the event that the City has paid Supplier for all or a portion of the Goods which remains in the possession of Supplier. Risk of loss for any Goods which remains in the possession of Supplier shall remain with Supplier until such Goods has been delivered or City has taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in the construction of the Goods but which does not become a part of the Goods.

Section 13. INDEMNIFICATION

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A. Supplier shall defend, indemnify, and hold the City (its officials, officers, employees, volunteers, and agents) free and harmless from any and all claims (demands, causes of action, costs, expenses, liability, loss, damage or injury) in law or equity to property or persons (including wrongful death) in any manner arising out of or incident to any alleged acts, omissions, gross negligence, or willful misconduct of Supplier, its officials, officers, employees, agents, subcontractors, and/or subconsultants, arising out of or in connection with the Goods or the performance of this Agreement (including the payment reasonable attorneys’ fees and other related costs and expenses, except such loss or damage which was caused by the sole negligence or willful misconduct of the City).

B. Supplier’s defense obligation for any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against the City (or its officials, officers, employees, agents, or volunteers) shall be at Supplier’s own cost, expense, and risk. Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City (or its officials, officers, employees, agents, or volunteers) in any such suit, action, or other legal proceeding. Supplier shall reimburse City (and its officials, officers, employees, agents, and/or volunteers) for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City (or its officials, officers, employees, agents, or volunteers).

Section 14. INSURANCE
A. General. Supplier shall take out and maintain:

1. Commercial General Liability Insurance of at least $2,000,000 per occurrence/ $4,000,000 aggregate for bodily injury, personal injury, and property damage at least as broad as Insurance Services Office Commercial General Liability most recent Occurrence Form CG 00 01;

2. Automobile Liability Insurance for bodily injury and property damage (including coverage for owned, non-owned, and hired vehicles) of at least $1,000,000 per accident for bodily injury and property damage at least as broad as most recent Insurance Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);

3. Workers’ Compensation in compliance with applicable statutory requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and

4. Pollution Liability Insurance of at least $1,000,000 per occurrence and $2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.

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5. If Supplier is also the manufacturer of any equipment included in the Goods, Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment with limits of not less than $1,000,000.

B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage. The General and Automobile Liability policies required under this Section shall give City (its officials, officers, employees, agents, or volunteers) additional insured status. Such policies shall contain a provision stating that Supplier’s policy is primary insurance and that any insurance, self-insurance, or other coverage maintained by the City or any additional insureds shall not be called upon to contribute to any loss; and shall contain or be endorsed with a waiver of subrogation in favor of the City (its officials, officers, employees, agents, and volunteers). 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. 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 included as additional insured pursuant to this Agreement.

C. Insurance Carrier. All insurance required under this Section is to be placed with insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California, and satisfactory to the City.

D. Evidence of Insurance. Supplier shall furnish City with original certificates of insurance and endorsements effecting coverage required by the Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before delivery commences. The City reserves the right to require complete, certified copies of all required insurance policies upon reasonable request.

E. Subcontractors. All subcontractors shall meet the requirements of this Section before commencing work. In addition, Supplier shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have adequate insurance coverage for the shipped Goods.

Section 15. LIENS
A. Supplier and subcontractors will not make, file, or maintain a mechanic’s or other lien or claim of any kind or character against the Goods (for or on account of

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any labor, materials, fixtures, tools, machinery, equipment, or any other things furnished), or any other work done or performance given under, arising out of, or in any manner connected with the Agreement (such liens or claims referred to as “Claims”); and Supplier and subcontractor expressly waive and relinquish any and all rights which they now have (or may subsequently acquire) to file or maintain any Claim (and Supplier and subcontractor agree that this provision waiving the right of Claims will be an independent covenant).

B. Supplier will save and hold City harmless from and against any and all Claims that may be filed by a subcontractor; and Supplier will (at its own expense) defend any and all actions based upon such Claims, and will pay all reasonable charges of attorneys, all related costs, and other expenses arising from such Claims.

Section 16. TERMINATION OF AGREEMENT BY CITY
A. Should Supplier at any time refuse or fail to deliver the Goods within a commercially reasonable time; or to perform any of its other obligations under the Agreement, City may terminate Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such event (if Supplier fails to deliver the Goods or otherwise perform its obligations under this Agreement within thirty (30) days of such notice), City may obtain the Goods by whatever method it may deem expedient (including the hiring of another contractor or other contractors); and for that purpose may take possession of all materials, machinery, equipment, tools, and appliances and exercise all rights, options, and privileges of Supplier. In such case, Supplier will not be entitled to receive any further payments until the Goods is delivered.

B. City may (for its own convenience) terminate Supplier’s right to proceed with the delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be effective in the manner specified in such notice, will be without prejudice to any claims which City may have against Supplier, and will not affect the obligations and duties of Supplier under the Agreement with respect to portions of the Goods not terminated.

C. On receipt of notice under Section 16.B, Supplier will (with respect to the portion of the Goods terminated, unless the notice states otherwise):

1. Immediately discontinue such portion of the Goods and the placing of orders for materials, facilities, and supplies in connection with the Goods;

2. Unless otherwise directed by City, make every reasonable effort to procure cancellation of all existing orders or contracts upon terms satisfactory to City; and

3. Deliver only such portions of the Goods which City deems necessary to preserve and protect those portions of the Goods already in progress and to protect material, plant and equipment at the Goods site or in transit to the Goods site.

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D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion of the compensation in the Agreement for any portion of the terminated Goods already delivered (including material and services for which it has made firm contracts which are not canceled); it being understood that City will be entitled to such material and services. Upon determination of the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.C.

Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for failure or delay in accepting goods described herein if such failure or delay is due to a Force Majeure Event.

B. Force Majeure Event shall mean an event that materially affects a Party’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 work); (4) pandemics, epidemics, or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work (only to the extent such strikes and other organized labor action are beyond the control of Supplier and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers). “Orders of governmental authorities” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

C. In the event of any such excused interference with shipments, City shall have the option either to reduce the quantity provided for in the order accordingly or to exercise its right of cancellation as set forth in this Agreement. The Party affected by a Force Majeure Event shall notify the other Party as soon as practicable and take all reasonable steps to mitigate the delay in performance.

Section 18. MISCELLANEOUS PROVISIONS
A. Delivery of Notices. Notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose:

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CITY: SUPPLIER:

City of San Bernardino Public Library Ingram Library Services, LLC 555 West Sixth Street One Ingram Blvd.

San Bernardino, CA 92401 La Vergne, TN 37086-1986 Attn: Ed Erjavek, Attn: Carolyn Morris
Library Director
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the City, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Supplier from the City under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy without such approval.

Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished promptly to the City.

C. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

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

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

F. Governing Law. This Agreement shall be governed by the laws of the State of Tennessee. Venue shall be in Davidson County, Tennessee.

G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement (each Party shall pay its own attorneys’ fees).

H. Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply according to its fair meaning and not strictly for or against any Party.

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I. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

J. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

K. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

L. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

M. City’s Right to Employ Other Suppliers. City reserves its right to employ other contractors in connection with the Goods.

N. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Goods specified herein. There are no understandings, agreements, conditions, representations, warranties, or promises with respect to this Agreement, except those contained in or referred to in the writing.

O. 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

GOODS PURCHASE AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO
AND

INGRAM LIBRARY SERVICE

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.

CITY SAN BERNARDINO

Approved By:

Bill Gallardo
Interim City Manager

Attested By:

Telicia Lopez
Acting City Clerk

Approved as to Form:

City Attorney
Best Best & Krieger LLP

INGRAM LIBRARY SERVICE

Signature

Name

Title

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Exhibit A
Goods Specifications
A. Scope of Goods and Services

Supplier shall provide customized library outsourcing services to support the City’s collection development, acquisitions, cataloging, and physical processing needs.

Services include:
• Profile-driven selection and ordering via Ingram’s iPage® platform;

• Cataloging of materials using RDA -compliant MARC records, with optional enhancements such as CIP upgrades, series authority control, and SmartLabel data;

• Full shelf-ready physical processing, including barcode and spine labels, property stamps, RFID tag insertion, and protective covers as applicable;

• Consolidated delivery and monthly invoicing, with options for prepaid (impound) or credit accounts.

All services shall align with the specifications and pricing outlined in the City of Mission Viejo Agreement No. A24-24 with Ingram Library Services, LLC. Supplier shall coordinate with the City to complete a processing and cataloging profile prior to the first order.

Definitions of Binding Types and Presses

Discounts are applied to the publisher’s current list price. Prior to placing an order, the Library can determine estimated discounted pricing for an entire list by utilizing the Price this List feature on iPage.

In determining which titles receive less than full trade discounts, Ingram has utilized its best efforts to categorize books for pricing purposes by considering the binding, cost of acquisition, general marketing categories, publisher's discount, and other factors as defined below. Ingram reserves the right to be the sole and final determinant of the pricing category.

• Trade Hardcover : High demand fiction and nonfiction books published with a glued binding and a hardcover. These titles are typically for the general consumer and produced by widely distributed publishers. Trade bindings may also be referred to as retail trade editions, trade books, hardbound books, hardback books, cloth bound books or cloth cover books. Publishers normally produce these titles

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in larger print runs.

• Quality Paperback: High demand fiction and nonfiction books with paper covers and generally no size restriction. Any illustrations or graphics may be placed throughout the book; both paper and printing are high quality. These titles are typically for the general consumer and produced by widely distributed publishers.

This binding may also be referred to as trade paper or trade paperback.

• Mass Market Paperback : High demand books with paper covers that are produced in a size to fit a standard retail store display and generally deal with subjects of mass appeal. Any illustrations are grouped together in one section of the book.

• Library Bindings: Books of higher quality publisher bindings, usually fanned and glued, and may also be sewn. Books may be identified as Library Bindings on iPage.

• University Press : The binding types may vary for these titles (i.e., Hardcover and/or Paperback), but all are published by a University Press.

• Short Discount/Non -Trade: Lower demand, small print -run books in various bindings, and includes legal, technical, reference, scientific, and medical titles and Graphic Novels as defined by Ingram subject categories. Titles are generally published by small or university presses. A lso included are print and audiobook titles purchased at lower than full trade discount; titles with limited sales volume; and/or titles from publishers not in compliance with Ingram's purchasing requirements. Ingram is pleased to make this broad base of titles available to our customers with no service charges.

• Large Print: Ingram does not recognize the large print title as a separate binding type for discount purposes. Large print titles will receive discounts according to the binding/press assigned to the ISBN ordered as outlined above.

• Graphic Novels: A narrative work in which the story is conveyed to the reader using comic form. The term is employed in a broad manner, encompassing nonfiction works and thematically linked short stories as well as fictional stories across a number of genres.

• Picture Books, Board Books, Easy Readers, and Big Books : These juvenile genre categories are not discounting categories used by Ingram. These books will receive the discount appropriate to the specific binding/press ordered as outlined above. It is estimated that at least 80% would receive the full trade discount.

• Prebound Books: Paperback books bound into a hardback edition. Inventory may include titles from Perfection Learning and San Val (Turtleback Books), and are

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identified on iPage as Prebound-Sewn or Prebound-Glued

• World Language Materials: Ingram does not recognize Spanish language (or any world languages) as a discounting category. These books will receive the discount appropriate to the specific binding/press ordered as outlined above.

• Spoken Word Audio: Audiobooks produced for the general consumer and dealing with subjects of mass appeal. Spoken Word audio may be abridged or unabridged and are generally sold by publishers at full trade discounts, however some titles may be short discounted by the publisher. Ingram d oes not differentiate between MP3 CD and Audio CD formats for discounting purposes.

• DVD and Blu-ray: Ingram provides pre-recorded titles in these categories under a single discount. Should a new format of DVD emerge for which studios apply different purchasing terms, Ingram will notify the Library of the discount applicable to that format.

• Net Titles: Low demand, small print -run books in various bindings upon which Ingram receives minimal or no purchase discount. This category of book will receive a 0% discount. Ingram is pleased to make this broad base of titles available to customers with no service charges.

Page 17 of 20 ends

Exhibit B

Delivery Schedule

1. Ordering and Fulfillment
Goods may be selected for delivery to the Central Library and/or other locations designated the City. There shall be no minimum order requirements. Supplier shall provide access to its online ordering system (iPage®) at no cost to the City.

2. Shipping and Delivery
• All shipments shall be delivered to the Central Library location identified in the City’s account profile with Supplier, unless otherwise instructed by the City. • Cartons shall be delivered inside the building entrance or onto a receiving dock. If carrier conditions do not permit inside delivery, the obligation is to deliver to the tailgate of the truck.
• The City shall be responsible for redistributing materials to any additional branches or locations.

3. Backorders
Supplier shall ship backordered items as they become available for up to sixty (60) days. Items not fulfilled within the timeframe shall be reported to the City via a cancellation notice, provided either weekly or monthly, as determined by the Supplier’s standard reporting practices.

4. Delivery Timing

Supplier agrees to use commercially reasonable efforts to perform under this Agreement within a timely manner. Supplier shall notify the City in writing of any anticipated delays in delivery and provide an updated expected delivery date.

Acceptance of late deliveries shall not waive the City’s rights or remedies under the Agreement.

5. Shipping Charges

• Orders of ten (10) or more units shipped from Supplier’s designated primary or secondary distribution centers shall not incur freight charges.

Orders of fewer than ten (10) units shall incur a flat shipping fee of $6.00. • The flat fee amount or unit threshold is subject to change with written notice to the City.

• Supplier may assess a fuel surcharge with advance notice to the City.

Page 18 of 20 ends

• Due to the impact of rising oil prices, Ingram has instituted a $3.00 fuel surcharge.

These charges appear as Shipping and Handling charges on your invoice and are subject to change with notice.

6. Packing Slip Requirements

Each shipment must include a packing slip that contains the purchase order number (provided by the City), quantity, title, author, and unit price for each item.

7. Title and Risk of Loss

Shipments shall be FOB Destination. Risk of loss remains with the Supplier until delivery is completed at the City’s designated site.

Page 19 of 20 ends

Exhibit C

Fee Schedule

1. MATERIALS DISCOUNT
Discounts listed below apply to the publisher's current list price and are determined by the binding type and publisher classification as defined in Exhibit A.

MATERIAL TYPE DISCOUNT
*General Trade Books 46.5%
Short Discount Items 10%
Graphic Novels 30.0%
*Mass Market Paperbacks 40.5%
Small Press & University Press 10%
*Large Print Books 46.5% (Trade Hardcover)
*International Language Books 46.5% (Trade Hardcover)
Unabridged Books on CD 46%
*Continuations Based on binding (see above)
*Bestsellers 46.5% (Trade Hardcover)
DVDs 15%
*Children’s Hardcover 46.5%
*Children’s Library Bindings 21.5%

** Trade Hardcover, Quality Paperbacks and Mass Market Paperback titles ordered with a cover price of $14.99 or less will receive a 25% discount.

2. ORDERING

Online ordering through Ingram’s iPage® system is provided at no additional cost. The City may utilize this system for list building, pricing estimates, and order placement.

SERVICE COST
Online ordering, initial setup $0
Ongoing costs associated with online orders $0

3. CATALOGING AND PROCESSING

Page 20 of 20 ends

To simplify budgeting and to speed items through our facilities, Ingram offers bundled cataloging and processing services. With our tiered service levels, your library can easily estimate its yearly C&P costs and identify ways to save. Rather than charging for each item applied to a unit, all units on a designated account will be charged the same C&P fee. This speeds up the work in our processing units and lets the library reconcile charges with little effort. It also distributes cataloging costs across all Ingram’s cataloging customers more fairly and enables us to maintain lower fees.

iComplete B $3.43 per unit

The following services are included in the Shelf-ready bundle

• AR small label
• Barcodes ILS/S
• MARC record
• Mylar, glued
• Pocket label
• Property stamp
• Spine label
• Spine protector
The following services are considered Add-ons to the bundle:

• 3M theft
• Genre Labels

1 Rev 2/24

CITY OF MISSION VIEJO

AGREEMENT WITH INGRAM LIBRARY SERVICES, LLC
FOR CUSTOMIZED LIBRARY SERVICES OVER $50,000
(Insurance Required)
THIS AGREEMENT is made and effective as of July 1, 2024, between the City of Mission Viejo, a California general law city and municipal corporation ("City") and Ingram Library Services, LLC ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM. This Agreement shall commence on July 1 , 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2026, unless sooner terminated pursuant to the provisions of this Agreement. Notwithstanding this limit on term, some duties and obligations may survive the termination, lapse, or completion of this Agreement. This contract may be renewed by mutual agreement of both parties for one (1) two-year term. This renewal is contingent upo n satisfactory work being performed by the Consultant.

2. SERVICES. Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE. Consultant shall at all times faithfully, competently , and to the best of their ability, experience, and talent, perform all tasks described herein. Consultant represents to the City that it has the qualifications and equipment/technology necessary to competently and reasonably perform the tasks required by this Agreement . Consultant shall employ, at a minimum, generally accepted standards, practices, and equipment utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT.
a. The City agrees to pay Consultant monthly in arrears , in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shal l not exceed Four Hundred Thousand Dollars ($400,000.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Any terms or conditions set forth in Exhibit A or Exhibit B, which do not describe the work t o be performed, the payment rates and terms, or the payment schedule have not been agreed to by the City and shall not be deemed a part of this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council or, if pursuant to its authority, the City Manager, or their designee. Consultant shall be compe nsated for any additional services in the amounts and in the manner as agreed to by City Manager or the City’s representative and Consultant at the time City’s written authorization is given to Consultant for the performance of said services. The City Mana ger may approve additional work not to exceed $50,000. Any additional work in excess of this amount shall be approved by the City Council.

DocuSign Envelope ID: BA4E8138-577E-42BF-A403-D7E8055EB1D5 2 Rev 2/24
c. Consultant shall submit reasonably detailed invoices monthly for actual services performed and, as applicable, equipment and materials acquired . Invoices shall be submitted on or about the first business day of each month, for services provided in the previous month.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees it shall give written notice to Consultant within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. d. Notwithstanding the above provisions, Consultant shall not be paid for any work performed until it has submitted to the City a fully completed and executed Internal Revenue Service Form W-9.

5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, with or without cause, in its sole discretion, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least thirty (30) days prior written notice of the decision. City shall not be obligated to explain its reasons for termination. Upon receipt of said notice, the Consultant shall promptly cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is suspended or terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of suspension or termination, provided that the work p erformed is of value to the City and consistent with the Agreement. Upon suspension or termination of the Agreement pursuant to this Section, the Consultant will, as a precondition to being compensated, submit an invoice to the City consistent with Section 4.

6. DEFAULT OF CONSULTANT.
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a material default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default. In the event of default, Consultant shall have a reasonable opportunity to cure, no less than thirty (30) days. After the opportunity to cure, City may terminate this Agreement by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or their delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have thirty (30) calendar days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity, or under this Agreement.

7. OWNERSHIP OF DOCUMENTS.
a. Consultant shall maintain, during the term of this Agreement and for at least two (2) years thereafter, records sufficient to demonstrate Consultant's compliance with its obligations under this Agreement. Upon reasonable advance notice, the City may request, DocuSign Envelope ID: BA4E8138-577E-42BF-A403-D7E8055EB1D5 3 Rev 2/24
once per calendar year, that Consultant engage Ingram Industries Inc.'s ("Ingram") Internal Audit department to perform specified procedures as determined by the City. Such procedures will be performed in accordance with attestation standards established by the American Institute of Certified Public Accountants ("Agreed Upon Procedures") and will be related to Consultant's compliance with its obligations under this Agreement for the twelve (12) months prior to the date of the request and provide a written report to the City. In the event that the City is not satisfied with such procedures for any reason, the City may, at its election and cost, engage PriceWaterhouseCoopers, LLP, Ingram's current independent public accounting firm, (or if such firm is no longer available, an independent public accounting firm reasonably acceptable to both parties) to conduct Agreed Upon Procedures related to Consultant's obligations under this Agreement in connection with such inspection. If in the written opinion of such auditors there has been an underpayment by Consultant or an overpayment by the City of more than five percent (5%) of the total amounts due during the previous twelve month period, Consultant shall pay the reasonable costs of such audit in addition to promptly paying such amounts. (For clarity, any discrepancy between amounts paid to or from either party and amounts shown to be due by such audit shall be promptly payable, whether or not equal to five percent (5%) of total amounts during the previous twelve-month period.) b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, video and sound recordings, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.
c. Notwithstanding anything to the contrary, Consultant, including all persons, firms, or entities with which it may interact, shall provide City all records pursuant to the California Public Records Act at City’s request. This duty and obligation shall survive the lapse, termination, or completion of this Agreement. No cost shall be charged to the City related to compliance with this provision.

8. INDEMNIFICATION. The Consultant agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, consultants, employees, attorneys, agents, and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, its officers, officials, consultants, employees, attorneys, agents, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the negligence of the City. This section shall, without limitation, survive the termination, lapse, or completion of this Agreement.

9. INSURANCE REQUIREMENTS . Consultant shall procure and maintain for the duration of the c ontract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

Consultant agrees to provide ins urance in accordance with the requirements set forth in Exhibit C. If Consultant uses existing coverage to comply with these requirements and that coverage does DocuSign Envelope ID: BA4E8138-577E-42BF-A403-D7E8055EB1D5 4 Rev 2/24
not meet the requirements set forth herein, Consultant agrees to amend, supplement , or endorse the existing coverage to do so. This duty or obligation shall survive the lapse, termination, or completion of this Agreement.

10. INDEPENDENT CONTRACTOR.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor having only the contractual duties and obligations agreed upon as memorialized in this Agreement. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, officials, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees , or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees , or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation , or liability whatsoever against or for City, or bind City in any manner, whether in law or equity. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay , nor be deemed to have paid or delivered salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

11. LEGAL RESPONSIBILITIES . The Consultant shall keep itself informed of all applicable State and Federal laws and regulations, which in any manner affect its requirements under this Agreement, and those employed by it or in any way affect the performance of its service, duties, and obligations pursuant to this Agreement. The Consultant shall at all times observe and comply with all such applicable laws and regulations. The City, its officers, officials, employees, attorneys, agents, and volunteers shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. This section shall survive, without limitation, the termination, lapse or completion of this Agreement.

12. RELEASE OF INFORMATION.
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employee s, agents , or subcontractors shall not , without written authorization from the City or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City prior notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrog atories, request for admiss ions or other discovery request, court order, or subpoena from any person regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to DocuSign Envelope ID: BA4E8138-577E-42BF-A403-D7E8055EB1D5 5 Rev 2/24
review any such response does not imply the right of or require City to control, direct, or rewrite said response.

13. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at any other address as that Party may later designate by subsequent written notice:

To City: City of Mission Viejo
200 Civic Center
Mission Viejo, CA 92691
Attention: City Manager
To Consultant: Ingram Library Services, LLC
One Ingram Blvd.

La Vergne, TN 37086

14. ASSIGNMENT. The parties shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the other party, which the other party may grant or withhold in its sole and absolute discretion, with no obligation to disclose the basis for its decision to any person, firm, entity, or Party. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and the Consultant.

15. LICENSES. At all times during the term of this Agreement and prior to commencement of any work under this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

16. GOVERNING LAW. The City and Consultant agree that the laws of the State of California, or, as necessary, the laws of the United States Federal government, shall govern the rights, obligations, duties , and liabilities of the parties to this Agreement and shall govern the interpretation of this Agreement.

17. LITIGATION. Any litigation concerning this Agreement commenced by a Party or any person, firm or entity claiming under Consultant shall be filed and have venue in the municipal, superior, or federal district court with geographic jurisdiction over the City of Mission Viejo.

18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, direct or implied, are merged into this Agreement and shall be of no further force or effect. Each Party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

Each Party has had the opportunity to have this Agreement reviewed by independent legal counsel of its own selection and is not relying on any representations, opinions, or advice of the other Party.

DocuSign Envelope ID: BA4E8138-577E-42BF-A403-D7E8055EB1D5 6 Rev 2/24

19. AUTHORITY TO EXECUTE THIS AGREEMENT . The person or persons executing this Agreement on behalf of Consultant warrant and rep resent that they have the authority to execute this Agreement on behalf of the Consultant and ha ve the authority to bind Consultant to the performance of its obligations hereunder. Consultant agrees that the person executing this Agreement is an authorized agent of Consultant with the power to bind Consultant to this Agreement.

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

INGRAM LIBRARY SERVICES LLC CITY OF MISSION VIEJO
__________________________________ _________________________________ Carolyn Morris Date Dennis Wilberg Date
Vice President City Manager
Attest:
__________________________________ _________________________________ Tammy Spurlock Date Kimberly Schmitt Date
Director of Library Operations City Clerk
[Two signatures of corporate officers required] Approved As to Form:
_________________________________
William P. Curley, III Date
City Attorney
Insurance Review:
_________________________________
Heather Campbell Date
Risk Management Administrator
DocuSign Envelope ID: BA4E8138-577E-42BF-A403-D7E8055EB1D5 6/28/2024
6/30/2024
6/30/2024
6/30/2024
6/30/2024
7/2/2024
7 Rev 2/24

EXHIBIT A

TASKS TO BE PERFORMED
Automated collection development and acquisitions, cataloging, and processing of books and other library materials. These services shall include electronic ordering and EDI invoicing capabilities, providing cataloging records, and providing shelf-ready processed and delivered library materials.

DocuSign Envelope ID: BA4E8138-577E-42BF-A403-D7E8055EB1D5 8 Rev 2/24

EXHIBIT B

PAYMENT SCHEDULE
Invoices will be paid only after receipt of materials. Invoices must be received on or about the first business day of each month for payment within 30 days of receipt of each invoice. Ingram Library Services, LLP must also provide the option to deposit funds into a credit account or an impound account.

DocuSign Envelope ID: BA4E8138-577E-42BF-A403-D7E8055EB1D5 9 Rev 2/24

EXHIBIT C

INSURANCE REQUIREMENTS

The following coverages will be provided by Consultant and maintained on behalf of the City and in accordance with the requirements set forth herein. Consultant agrees to submit insurance coverages described herein before any work is performed pursuant to this Agreement.

General Liability Insurance. Consultant shall maintain a policy of general liability insurance against any and all claims arising out of or in connection with the work performed under this Agreement. Coverage provided shall be at least as broad as ISO form CG 00 01 in an amount not less than one million dollars ( $1,000,000.00) per occurrence, two million dollars ($2,000,000.00) general aggregate, for bodily injury, personal injury, and property damage . The policy must include contractual liability that has not been amended. Any endorsement res tricting standard ISO “insured contract” language will not be accepted. This policy shall name City, its officers, officials, employees, agents, and volunteers as additional insureds. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured.

Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for “Any Auto, Symbol 1” or its equivalent “any owned, hired, non-owned, or rented vehicles”, in an amount not less than one million dollars ( $1,000,000.00) combined single limit for each accident . If the Consultant does not own any company vehicles, the requirement may be satisfied by providing a Personal Automobile Liability policy for the Consultant’s vehicle. The Consultant may use an umbrella policy or a n on-owned auto endorsement to the Commercial General Liability policy to meet the limits if the Consultant’s auto insurance does not offer the $1,000,000 combined single limit. This coverage is only required when the Consultant drives on behalf of the City to perform the activities arising out of or in connection with Work to be performed in this agreement.

Workers' Compensation/Employer's Liability. Consultant shall maintain workers’ compensation insurance with statutory limits and employer’s liability insurance in an amount not less than one million dollars ($1,000,000.00) per accident for bodily injury or disease for Consultant’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall furnish t o City a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers . If Consultant is a sole ownership/ proprietorship and does not have any employees, Consultant shall certify such facts to the City by completing a “Declaration of Non -Employer Status” declaring such and worker’s compensation coverage shall not be required.

Professional Liability Insurance/Errors and Omissions. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ( $1,000,000) per claim and in the aggregate. If coverage is provided under a claims -made policy, any policy inception date, continuity date, or retroactive date mu st be before the effective date of the agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement.

DocuSign Envelope ID: BA4E8138-577E-42BF-A403-D7E8055EB1D5 10 Rev 2/24
Cyber security and privacy liability. Consultant shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:

a. Liability arising from the theft, dissemination and/or use of confidential or persona lly identifiable information; including but not limited to personally identifiable information (PII), protected health information (PHI), security codes, access codes, passwords, etc. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from introducing a computer virus into or otherwise causing damage to vendor (first-party) or customer’s (third party) computer, computer system, net work, or similarly related property and the data, software, and programs. d. Liability arising from professional misconduct or lack of the requisite skill required for performing services defined in the contract or agreement. e. Costs associated with restoring, updating, or replacing data. f. Costs associated with a privacy breach, including notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolution services for affected individuals.

If coverage is maintained on a claims-made basis, consultant shall maintain such coverage for an additional three (3) years following termination of the contract.

Umbrella or excess liability insurance. [If required to meet higher limits]. Consultant shall maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, professional liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

 A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be un collectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;

 “Pay on behalf of” wording as opposed to “reimbursement”;

 Concurrency of effective dates with primary policies.

Should Consultant maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, professional liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

Consultant and City further agree as follows:

1. This Exhibit supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.

2. Nothing contained in this Exhibit is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Exhibit are DocuSign Envelope ID: BA4E8138-577E-42BF-A403-D7E8055EB1D5 11 Rev 2/24
intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such.

3. All insurance coverage and limits provided pursuant to this agreement shall apply to the full extent of the policies involved, available, or applicable. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.

4. Requirements of specific coverage features or limits contained herein are not intended as a limitation on coverage, limits on other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver or limitation of any type.

If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5. For purposes of insurance coverage only, this Agreement will be deemed enforceable immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards the performance of this Agreement.

6. 7. Unless otherwise approved by City, Consultant's insurance shall be written by insurers authorized to do business in the State of California and which hold a minimum “Best's” Insurance Guide rating of “A:VII.”

8. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not t he 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.

9. Consultant shall provide certificates of insurance and required endorsements to City as evidence of the insurance coverage required herein. The insurance certificate and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Insurance certificates and endorsements must be approved by City’s Risk Management prior to commencement of performance. Current certification of insurance shall be kept on file with City for the contract period and any additional length of time required thereafter.

10. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished prior to the expiration of the coverages; failure to do so shall be deemed a material breach of this Agreement and may subject t his Agreement to termination or the City unilaterally replacing the policy(s) at Consultant’s sole expense, without prior notice.

DocuSign Envelope ID: BA4E8138-577E-42BF-A403-D7E8055EB1D5 12 Rev 2/24

11. Any self-insured retentions must be declared to and approved by City. City reserves the right to require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

12. Consultant acknowledges and agrees that any actual or alleged failure on the part of City or any other additional insured under these requireme nts to obtain proof of insurance required under this Agreement or to inform Consultant of noncompliance with any requirement in no way waives any right or remedy of City or any additional insured, in this or any other regard.

13. Consultant agrees to require all subcontractors/subconsultants or other parties hired for this project to provide proof of insurance coverage as outlined above before work is performed by said subcontractors/subconsultants or other parties pursuant to the Agreement. Consultant agrees to obtain certificates evidencing such coverage and to ensure that such coverage is provided as required herein. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Consultant’s subconsultant/ subcontractor cannot comply with this requirement, which proof must be submitted to the City, Consultant shall be required to ensure that its subcontractor/subconsultant provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractors/subconsultants scope of work and services, with limits less than required of the Consultant, but in all other t erms consistent with the Consultant’s requirements under this agreement. This provision does not relieve the Consultant of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors/subconsultant. This provision is intended solely to provide Consultant with the ability to utilize a subconsultant/subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Consultant under this agreement given the limited scope of work or services provided by the subconsultant/ subcontractor. Consultant agrees to require that no contract used by any subcontractors/ subconsultant or contracts Consultant enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this agreement. Consultant agrees that upon request all agreements with subcontractors/subconsultants or others with whom Consultant contracts with on behalf o f City will be submitted to City for review for competency with this Agreement. Failure of City to request copies of such agreement will not impose any liability on City, or its employees, officers, officials, agents, and volunteers, nor does it waive or l imit City’s right to subsequently ask for the copies.

14. If Consultant is a Limited Liability Company, general liability coverage must be amended, to City’s reasonable satisfaction, so that the Limited Liability Company and its Managers, Affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.

15. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant that includes City as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor or recommend the handling of any such claim or claims if they are likely to involve City. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, DocuSign Envelope ID: BA4E8138-577E-42BF-A403-D7E8055EB1D5 13 Rev 2/24
officials, employees, agents, or volunteers.

16. The insurance provided pursuant to these requirements will not be limited to coverage for the vicarious liability or supervisory role of any additional insured. All insurance coverage and limits provided are intended to apply to the full extent of the policies. Nothing contained in this agreement limits the application of such insurance coverage.

17. Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or exc ess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before City’s own insurance or self-insurance shall be called upon to protect it as a named insured. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees, agents, or volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, agents, or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it.

18. Duration of coverage. Consultant shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Consultant, their agents, representatives, employees, or subcontractors/subconsultants.

19. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation aga inst City, its elected or appointed officers, agents, officials, employees, 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 subcontractors/ subconsultants.

20. Additional Insured Status. General liability, automobile liabil ity, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

21. Separation of Insureds. A severabi lity of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability.

The policy(ies) shall not contain any cross-liability exclusions.

22. Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Consultant’s insurers are unwilling to provide such notice, then Consultant shall be responsible for notifying the City immediately in the event of Consultant’s failure to renew any of the required insurance coverages or insurer’s cancellation or non-renewal.

DocuSign Envelope ID: BA4E8138-577E-42BF-A403-D7E8055EB1D5 14 Rev 2/24

23. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.

24. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

25. Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

DocuSign Envelope ID: BA4E8138-577E-42BF-A403-D7E8055EB1D5 2 5
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 4, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Ernesto Salinas, Interim Director of Parks, Recreation, and Community Services
Department: Parks, Recreation, and Community Services
Subject: Adopt Resolution and Budget Amendment FY 24/25, Recreation and Community Services for the Sponsorship
of the 2025 Lunar New Year ($5,320.00) in Revenue and
Expense budget allocations (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-302 authorizing the Director of Finance and Management Services to amend the FY2024/25 budget in revenue and expenditures by $5,320 for the sponsorship payments received to support the Lunar New Year Event.

Executive Summary
Last fiscal year, staff organized a Lunar New Year Celebration in collaboration with the community and local businesses. In light of limitations within the special event budget, a sponsorship drive was launched. The funds raised will cover the full costs of the event, with any surplus being carried over to the Festival event budget. A total of $5,320 was successfully collected by staff.

Background
The City of San Bernardino’s Lunar New Year event was first proposed in January 2023 by passionate community members and brought to the attention of the Parks, Recreation, and Community Services Department. Acknowledging the cultural significance and strong community interest, the department took the initiative to bring this event to life.

Upon review, it became clear that there were limitations on the available special event funds. To overcome this challenge, staff explored alternative approaches to ensure the 2 5
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event’s success. It was determined that securing full sponsorship would be the most effective way to make the event a reality. To secure the financial support needed, the department developed a detailed sponsorship information packet. This packet was strategically shared with local businesses and community members, highlighting the opportunity to contribute to the Lunar New Year celebration and increase visibility within the community. Understanding the importance of community engagement, the department held several meetings to encourage collaboration. These sessions provided a platform for constructive discussions between staff and local business owners, fostering a spirit of partnership. Onsite meetings at Court St. were also held to identify potential costs and ensure a clear understanding of the resources required for a successful event.

Discussion
The Parks, Recreation, and Community Services Department received $5,320 in sponsorship funds for the 2025 Lunar New Year event. Building on the success of last year’s inaugural celebration—as well as other signature events such as the Festival, Miracle on Court St., and Día de los Muertos—the department has developed a comprehensive budget plan outlining both direct and indirect costs associated with this year's Lunar New Year celebration.

To support early planning and procurement, the Special Events program code was used to purchase essential supplies and services. The sponsorship funds will be deposited into the designated sponsorship program revenue code. It is recommended that budget allocations for both revenue and expenditures, totaling $5,320, be approved accordingly.

In addition, event sponsors have graciously agreed that any remaining funds may be used to support other community events, such as the Festival – Where Our Cultures Connect. This collaborative and flexible approach promotes efficient resource use and helps enhance the impact of the City’s cultural programming. 2021-2025 Strategic Targets and Goals
This request aligns with Key Target 2.b. Focused, Aligned Leadership and Unified Community – Build a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
There is no additional impact to the General Fund. The FY 2024/25 Operating Budget will be amended to include $5,320 in both revenues and expenditures within the Donations Fund
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-302 authorizing the Director of Finance and Management Services to amend the FY2024/25 budget in revenue and expenditures by $5,320 for the sponsorship payments received to support the Lunar New Year Event 2 5
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Attachments
Attachment 1 Resolution No. 2025-302
Attachment 2 City Outreach Flyer
Attachment 3 LNY Become a Sponsor
Attachment 4 LNY Sponsorship Application 2025
Attachment 5 Lunar New Year Sponsors
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
Resolution No. 2025-302
Resolution No. 2025-302
June 4, 2025

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RESOLUTION NO. 2025-302

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY2024/25

THE BUDGET IN REVENUE AND EXPENDITURES BY
$5,320 FOR THE SPONSORSHIP PAYMENTS RECEIVED
TO SUPPORT THE LUNAR NEW YEAR EVENT.

WHEREAS, the Parks, Recreation and Community Services Department hosted a Lunar New Year event on February 1, 2025; and
WHEREAS, the Lunar New Year Become A Sponsor application was available online and shared directly with local businesses who expressed interest in sponsoring the event; and WHEREAS, multiple community sponsors responded to the Become A Sponsor solicitation and a total of $5,320 was raised for the event.

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

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

SECTION 2. The Mayor and City Council hereby authorize the Director of Finance and Management Services amend the FY 24-25 Budget in revenue and expenditure accounts to by $5,320 for the sponsorship payments received to support the Lunar New Year Event.

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

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

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

Resolution No. 2025-302
Resolution No. 2025-302
June 4, 2025

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of June 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telica Lopez, CMC, Acting City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
Resolution No. 2025-302
Resolution No. 2025-302
June 4, 2025

Page 3 of 3 ends

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telica Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-302, adopted at a regular meeting held on the 4 th day of June 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 June 2025.

Telica Lopez, CMC, Acting City Clerk

Become a Sponsor
The San Bernardino Lunar New Year Celebration thrives because of the generous support of our event sponsors. Their contributions enable us to present a vibrant cultural event filled with artistic programming while fostering growth and community engagement each year. By partnering with the City of San Bernardino for the 2025 San Bernardino Lunar New Year Celebration, businesses can help shine a spotlight on the rich traditions and invaluable contributions of the Asian American community.

Sponsorship Opportunities and Booths
As a sponsor of the 2025 San Bernardino Lunar New Year Cultural Celebration, your organization will gain valuable marketing exposure and community recognition. With an anticipated attendance of over 2,500 diverse participants, this event offers an unparalleled opportunity to connect with key target audiences.

Applications Now Open
Sponsorship applications are now being accepted through January 27th. However, spaces are limited, and the Lunar New Year Committee may close applications early if all sponsorship opportunities are filled. Please note that applying does not guarantee participation.

Explore our range of sponsorship opportunities and secure your spot today. Visit our application webpage for details and apply by clicking the button below:

SPONSORSHIP LEVELS
Snake Sponsor $10,000
Dragon Sponsor $5,000
Lion Sponsor $2,500
Firecracker Sponsor $1,000
Red Envelope Sponsor $500

Snake Sponsor: $10,000
Benefits include:

∙ Display booth(s) with banner or footprint up to 10'x30' in prominent locations ∙ Event programming advertising
∙ Event website advertising (large logo + link)
∙ Five (5) VIP parking passes
∙ Acknowledgement as Presenting Sponsor on event signage ∙ Sponsor introduction and acknowledgment by City Councilmember at event Welcome Ceremony ∙ Brief onstage speaking opportunity at the event Welcome Ceremony ∙ Recognition at a San Bernardino Council meeting
∙ Commemorative company plaque
∙ Sponsor logo on pre-event marketing such as rack cards and street corner banners ∙ Promotion of sponsorship on City social media accounts

Dragon Sponsor $5,000
Benefits Include:
∙ Display booth(s) with banner or footprint up to 10'x10' in prominent locations ∙ Event programming advertising
∙ Event website advertising (medium logo + link)
∙ Four (4) VIP parking passes
∙ Sponsor introduction and acknowledgment by City Councilmember at event Welcome Ceremony ∙ Recognition at a San Bernardino City Council meeting
∙ Commemorative company plaque
∙ Sponsor acknowledgment as title sponsor on event signage ∙ Promotion of sponsorship on City social media accounts

Lion Sponsor $2,500
Benefits Include:
∙ Display booth(s) with banner or footprint up to 10'x10' in prominent locations ∙ Festival programming advertising
∙ Festival website advertising (medium logo + link)
∙ Two (2) complimentary VIP parking passes
∙ Acknowledgement as Sponsor on event signage
∙ Sponsor introduction and acknowledgment by City Councilmember at Welcome Ceremony ∙ Commemorative event sponsor certificate
∙ Promotion of sponsorship on City social media accounts

Firecracker Sponsor $1,000

Benefits Include:
∙ Display booth with banner up to 10'x10'
∙ Event programming advertising
∙ Event website advertising (small logo + link)
∙ Acknowledgement as Sponsor on event signage
∙ Sponsor introduction and acknowledgment by City Councilmember at event Welcome Ceremony ∙ Commemorative company certificate

Red Envelope Sponsor $500

Benefits Include:
∙ Listed in the event program as a sponsor
∙ Event website name listed as event sponsor
∙ Acknowledgement as Sponsor on event signage
∙ Commemorative company certificate

YES! I would like to sponsor the LUNAR NEW YEAR CELEBRATION!

Mail Sponsorship Application to: Vanessa Carder
c/o LUNAR NEW YEAR Sponsorship
City of San Bernardino-Recreation
290 North D Street
San Bernardino, CA 92401

For more information, please contact Vanessa Carder at 909-633-1239 or email [email protected].

SPONSOR CONTACT INFORMATION (please print legibly)
Contact Person:

 Please check if this will also be the event day contact person.

Title:

Company Name:

Website:

Mailing Address:

Phone:

Cell: Social Media Handle:

Email Address:

CONTRIBUTION LEVEL
 SNAKE SPONSOR $10,000  DRAGON SPONSOR $5,000  LION SPONSOR $2,500  FIRECRACKER SPONSOR $1,000  RED ENVELOPE SPONSOR $500 Please make checks payable to: The City of San Bernardino City of San Bernardino
Lunar New Year Celebration
Sponsor Titles

Lunar New Year Celebration 2025 Sponsorship
Amount Company Level
$ 1,000.00 HIEP THANH SUPERMARKET, INC. Firecracker
$ 1,000.00 Lucky Star Marketing, Inc. Firecracker
$ 1,000.00 DDH Enterprises, LLC Firecracker
$ 1,000.00 Inland Chinese Association Firecracker
$ 1,020.00 Highland Senior Center Firecracker
$ 300.00 Creative Enterprises L.P. Red Envelope

$5,320.00 Total Sponsorships

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 4, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager
Darren Goodman, Chief of Police
Department: Police
Subject: Adopt Resolution Authorizing the City Manager to execute a contract with the County of San Bernardino for the acceptance of funds toward 75% of the purchase of
Unmanned Aerial Systems for a Drone First Responder
Program (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-303, authorizing:

1. The City Manager to execute a contract with the County of San Bernardino for the acceptance of $562,500 from the County Board of Supervisors, for the purchase of 75% of Unmanned Aerial Systems and equipment for a Drone First Responder Program.

2. The Director of Finance and Management Services to amend the FY 2025/26 operating budget for the amount of $562,500 in both revenue and expenditures.

Executive Summary
The County of San Bernardino Board of Supervisors, more specifically Supervisor Joe Baca, is desirous of providing the City of San Bernardino Police Department with 75% of the funding for the purchase of Unmanned Aerial Systems (UAS) and equipment, to assist in the creation of a Drone First Responder Program (DFR). The amount authorized by the Board of Supervisors toward this purchase is $562,500. This amount will be needed to create this program for the San Bernardino Police Department. The UAS systems will be used throughout the City of San Bernardino for calls for service response; emergency or disaster response; search and rescue operations; tactical incidents; crime scene mapping; and as an aerial asset when San Bernardino Sheriff’s Department Aviation is unavailable.
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Background
Since 2019, the San Bernardino Police Department has successfully, deployed Unmanned Aerial Systems during patrol operations. The UAS systems are deployed by a trained Part 107 Police Officer, at a scene, to locate suspects, missing persons, or identify emergency hazards for citizens and SBPD staff. These deployments occur often, with a Police Officer pilot on scene at an incident. The range is limited due to the current FAA visual line of sight requirement by the pilot and the capability of the UAS systems currently in use.

Discussion
Law Enforcement nationwide is continuing to expand their Unmanned Aerial Systems Drone First Responder programs. Cities such as Beverly Hills, Chula Vista, Santa Monica, Las Vegas, New York, and many other large and small cities and counties are employing DFR programs. These UAS systems are filling the gaps of staffing shortages and call for service volumes that are overwhelming some agencies.

Locally, agencies in the Inland Empire are currently developing DFR programs.

Fontana and Ontario have both entered contracts with vendors for the purchase of these systems, to include training, maintenance, and FAA Beyond Visual Line of Sight waivers. They have recognized the capacity of this technology to increase public safety and the efficiency and effectiveness of the agencies.

The San Bernardino Police Department will use these funds to purchase 75% of the equipment needed to professionally initiate a DFR program. This will not only include the purchase of the UAS systems, but also the docking stations, maintenance agreements, training for staff, pilot station construction, and assistance in obtaining the Beyond Visual Line of Sight FAA waiver. These are all key components to the successful implementation of a DFR program. The remaining 25% of funding for this program, $187,500, will be allocated from the FY 2024/25, Citizens’ Option for Public Safety (COPS) funds, which acceptance, obligation, and expenditure, was approved at the May 21, 2025, MCC meeting per Resolution No. 2025-296.

The trained FAA Part 107 pilot will be stationed inside the Police Department’s Real Time Information Center and will immediately deploy to scenes up to 6 miles away.

The UAS system will arrive at a scene prior to the officer, or possibly before the incident is even dispatched. Once there, the pilot can use the UAS system’s camera to survey the scene and determine appropriate assets for a successful response. This will assist with the judicious use of Police Officers in the field along with providing information for events in progress.

Eventually, agreements with public or private entities for the placement of UAS docking stations throughout the city can be employed for extensive coverage. This would dramatically reduce response times to records never experienced in San Bernardino or many law enforcement agencies.

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2021-2025 Strategic Targets and Goals
The funding for the purchase of 75% of a DFR program is from the San Bernardino County Board of Supervisors, namely Supervisor Joe Baca, and is aligned with Key Target Goal No.1 Improved Financial & Operational Capacity. The ability to “Secure a long-term revenue source.” Drone First Responder Programs can be costly to create, and this funding will assist in the long-term approach to a DFR deployment program for years to come.

A Drone First Responder program aligns with Key Target Goal No. 3 Improved Quality of Life. The constant evaluation of public safety services and the vessels for which they are provided, synthesizes to this agreement. The immediate deployment of a UAS system to a scene to identify hazards to public safety and the appropriate deployment of Police Officers in the field, will reduce call response times and increase the availability of Police Officers at scenes where they are truly needed.

Fiscal Impact
Approval of this item does not impact the General Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-303, authorizing:

2. The Director of Finance and Management Services to amend the FY 2025/26 operating budget for the amount of $562,500 in both revenue and expenditures.

Attachments
Attachment 1 Resolution No. 2025-303
Attachment 2 San Bernardino County Grant Contract
Ward:

All Wards
Synopsis of Previous Council Actions:

May 21, 2025Mayor and City Council adopted Resolution No. 2025-296 approving the acceptance, obligation, and expenditure, of Citizens’ Option for Public Safety (COPS) funds in the amount of
$678,501.23, authorizing the Police Department to encumber and expend the allocated COPS funding for FY 2024/25.

Resolution No. 2025-303
Resolution 2025-303
June 4, 2025

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Mayor and City CouncilJune 4, 2025

Mayor and City Council
June 4, 2025