EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1. Authority
The State of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. ERF was amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).
The Program is administered by the California Department of Housing and Community Development (“HCD”) in the Business, Consumer Services and Housing Agency (“Agency”). ERF provides one-time, competitive grant funds to Continuums of Care and / or Local Jurisdictions as defined below. To date, there have been three rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Rolling Disbursement in Round 3 of the ERF Program (“ERF-3-R”). For this Standard Agreement, ERF-3-R is synonymous with “ERF” or “Program” and refers to programs and grantees under Health and Safety Code 50252.1(c)(1).
This Standard Agreement along with all its exhibits (“Agreement”) is entered into by HCD and a Continuum of Care or a Local Jurisdiction (“Grantee”) under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (“NOFA”) dated November 27, 2023, under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance or directives, and the requirements appearing in the statutory authority for the Program cited above.
2. Purpose
As stated in the NOFA, the Program’s objective is to fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code section 8255. Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in encampments.
Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.
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EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
3. Definitions
The following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code section 50250, Subdivisions (a) – (m);
A. “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.
B. “Agency” means the Business, Consumer Services, and Housing Agency.
C. “Applicant” means a continuum of care or local jurisdiction.
D. “Continuum of Care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
E. “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
F. “County” includes, but is not limited to, a city and county.
G. “Department” means the California Department of Housing and Community Development.
H. “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.
I. “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
J. “Local Jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
K. “Program” means the Encampment Resolution Funding program established pursuant to this chapter.
L. “Recipient” means an applicant that receives grant funds from HCD for the purposes of the program.
M. “State right-of-way” means real property held in title by the State of California
Additional definitions for the purposes of ERF program:
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City of San Bernardino
24-ERF-3-R-100006
EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
“Grantee” is “a Continuum of Care or a Local Jurisdiction that receives grant funds from HCD for the purposes of the program. Grantee is synonymous with “Recipient.”
“Subrecipients” or “Subgrantees” are entities that receive subawards from “Recipients” or “Grantees” to carry out part of the Program.
“Expended” means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding.
“Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding.
Grantees must expend and obligate the funds by the statutory deadlines set forth in this Exhibit A.
4. Scope of Work
This Scope of Work identifies the terms and conditions necessary to accomplish the Program’s intended objectives.
As detailed in Exhibit A.2, the Program’s objective is to fund grantees to implement actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments.
Grantees will implement their ERF funded local proposals in compliance with the terms and conditions of this Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance and directives, and the requirements per the authorizing statute.
Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.
Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Payment Provisions.
Grantees are expected to be close partners with HCD. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.
Quarterly reporting requirements are detailed below in Exhibit D.4, Reporting,
Evaluation, and Audits.
Fiscal deadlines are detailed below in Exhibit A.6, Effective Date, Term of Agreement, and Deadlines.
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EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Grantees shall complete a Final Work Product (as detailed below in Exhibit A.6.D) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will make Technical Assistance available.
HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.
5. HCD Contract Coordinator
HCD’s Contract Coordinator for this Agreement is HCD’s Grant Program Design Section Chief or the Grant Program Design Section Chief’s designee. Unless otherwise instructed, any communication shall be conducted through email to the HCD Contract Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, HCD shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to HCD and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: California Department of Housing
and Community Development City of San Bernardino
SECTION/UNIT: Policy and Program Support
ADDRESS: 651 Bannon Street, Suite 400
Sacramento, CA, 95811
290 North D Street, 3rd Floor.
San Bernardino, CA, 92401
CONTRACT
COORDINATOR Jeannie McKendry Cassandra Searcy
PHONE
NUMBER: (916) 490-9589 (909) 384-7270
EMAIL
ADDRESS:
[email protected]
[email protected] [email protected]
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City of San Bernardino
24-ERF-3-R-100006
EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
The Department reserves the right to change their HCD Contract Coordinator, designee, contract administering entity, and / or contact information at any time with reasonable notice to the Grantee.
All requests to update the Grantee information listed within this Agreement shall be emailed to the HCD grant’s general email box at
[email protected].
Notice to either party may be given by email. Such notice shall be effective when received as indicated on email. Changes to the HCD Contract Coordinator, designee, and / or contact information or grantee information can be made without a formal amendment.
6. Effective Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon ex ecution by HCD, which includes signature from the Grantee and HCD. This is indicated by the HCD provided signature and date on the second page of the accompanying STD. 213, Standard Agreement.
B. Performance shall start no later than 30 days, or on the express date set by HCD and the Grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the Grantee fail to commence work at the agreed upon time, HCD, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.
C. Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed.
D. This Agreement will terminate on April 15, 2029.
Grantees shall submit a Final Work Product by April 1, 2028. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by HCD.
HCD will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by April 15, 2029.
Grantees are expected to continue performing until April 15, 2029. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials.
E. Expenditure and Obligation Deadlines:
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EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
1) Grantees shall expend no less th an 50 percent and obligate 100 percent of Program funds by June 30, 2025.
2) Grantees that have not obligated 10 0 percent of their Program funds by June 30, 2025, shall submit an alternative disbursement plan to HCD for approval no later than July 30, 2025. This alternative disbursement plan should detail the explanation for the delay and plans for all future obligations and expenditures.
3) Grantees not meeting the requirements outlined in (i) may be subject to additional corrective action, as determined by HCD.
4) All Program funds (100 percent) shall be expended by June 30, 2027.
Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(e)(5).
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EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Payee
Name: City of San Bernardino Amount: $4,569,511.00
2. General Conditions Prior to Disbursement
All Grantees must submit the following completed forms prior to ERF being released:
A. Request for Funds Form (“RFF”)
B. STD 213 Standard Agreement form and Exhibits A, B, D and E
C. STD 204 Payee Data Record or Government Agency Taxpayer ID Form
3. Disbursement of Funds
ERF will be disbursed to the Grantee in one allocation upon receipt, review and approval of the completed Standard Agreement and RFF by HCD.
The RFF must include the proposed eligible uses and the amount of funds proposed to be expended.
4. Budget Details and Expenditure of Funds
The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted, approved budget. HCD reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted budgets.
A. Budget Changes
1) Process:
Budget modification requests should be made as part of the quarterly report process. These requests will be reviewed in the first week after quarterly reports are received. HCD may consider budget change requests outside of this process, through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.
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EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
HCD reserves the right to amend or adjust this process as necessary.
2) Conditions requiring a budget modification request:
Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by HCD so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.
Any decrease or increase to the total expenditures for any eligible use category must be approved by HCD’s Grant Program Design Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized
budget. The Grants Program Design Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from HCD as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6, Breach and Remedies.
Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change shall be submitted to HCD for prior approval.
B. Eligible Uses
Eligible uses and activities must be consistent with HSC Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.
Eligible uses and activities include, but are not limited to, the following:
Rapid Rehousing: Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community-based services.
Operating Subsidies: Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
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EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Street Outreach: Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services.
Services Coordination: Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and promote housing stability for eligible persons, as well as direct case management services being provided to persons.
Systems Support: Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons’ experiences of unsheltered homelessness.
Delivery of Permanent Housing: Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons.
Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. This category is only available to serve people who were formerly residing in the prioritized ERF encampment site.
Interim Sheltering: Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.
Improvements to Existing Emergency Shelters: Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.
Administration: up to 5% of awarded Program funds may be applied to administrative costs.
Program funds shall not be expended on Site Restoration or other Ineligible Costs as detailed immediately below.
5. Ineligible Costs
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EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
ERF shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health and Safety Code sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.
Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.
HCD, at its sole and absolute discretion, shall make the final determination regarding the allowability of ERF expenditures.
HCD reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use ERF funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to HCD at an amount and timeframe determined by HCD.
An expenditure which is not authorized by this Agreement, or by written approval of HCD, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to HCD by the Grantee at an amount and timeframe determined by HCD.
Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution.
Unless expressly approved by HCD in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution.
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EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
ERF GENERAL TERMS AND CONDITIONS
1. Termination and Sufficiency of Funds
A. Termination of Agreement
HCD may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, violation of any federal or state laws; or withdrawal of HCD’s expenditure authority as described in Exhibit D, Breach and Remedies. Violation of any federal or state laws; or withdrawal of HCD’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by HCD, any unexpended funds received by the Grantee shall be returned to HCD within 30 days of HCD’s specified date of termination.
B. Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.
2. Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12, Special Conditions – Grantees/Subgrantee or with the prior written approval of HCD and a formal amendment to this Agreement to affect such subcontract or novation.
3. Grantee’s Application for Funds
Grantee submitted a standardized budget to HCD as part of their application for the Program.
Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee’s knowledge. In the event that any part of the application, or any approved modification or addition thereto is untrue, incorrect,
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City of San Bernardino
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EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
incomplete, or misleading in such a manner that would substantially affect HCD approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then HCD may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.
4. Reporting, Evaluation, and Audits
A. Reporting Requirements
1) Timing and Format of Reports.
Grantee is required to provide HCD or its agents with all data and outcomes that may inform an assessment of the funded proposal.
Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement’s termination.
The quarterly reports shall be submitted on a template to be provided by HCD at least 90 days prior to the first reporting deadline. HCD may request interim reports as needed and will provide no less than 30 days’ notice to Grantees.
2) Required Data
Grantees will be required to provide, at minimum:
x Outreach and service path data at t he anonymized, individual level. x Current housing status of persons served in the aggregate. x Status of funding as presented in the HCD approved, standardized budget.
x Continued confirmation that pr ojects receiving ERF funds are populated timely into HMIS and use HCD supplied funding codes.
HCD’s discretion in identifying which information shall be included in these reports is final. Grantees shall also report information in the form and manner required by HCD. Failure to comply will be considered a breach.
Pursuant to HSC Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.
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EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to HCD, in addition to any data reported through local Homeless Management Information System, as required by HCD for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
Grantees shall comply with the data entry requirements of AB 977, located at Welfare and Institutions Code section 8256(d).
3) HCD usage of Reports
Pursuant to HSC Section 50254(b)(4), HCD may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
4) Failure to Report
If the Grantee fails to provide any such report, HCD may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.
B. Evaluation
1) At HCD ’s discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will contract a third party to complete the evaluation.
2) Grantees are expected to be close partners with HCD for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of successes or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with HCD, or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by HCD or its designee.
3) For the purpose of evaluation, HCD or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice.
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EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
4) Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.
5) Grantees shall notify HCD and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.
6) All terms and conditions that appl y to reporting similarly apply to evaluation.
C. Auditing
HCD reserves the right to perform or cause to be performed a financial audit. At HCD request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:
1) The audit shall be performed by an independent certified public accountant.
2) The Grantee shall no tify HCD of the auditor’s name and address immediately after the selection has been made. The contract for the audit shall allow access by HCD to the independent auditor’s working papers.
3) The Grantee is responsible for the completion of audits and all costs of preparing audits.
4) If there are audit findings, the Gr antee must submit a detailed response acceptable to HCD for each audit finding within 90 days from the date of the audit finding report.
5. Inspection and Retention of Records
A. Record Inspection
HCD or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement.
The Grantee agrees to provide HCD, or its designee, with any relevant information requested within 30 days of a written request.
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EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
The Grantee agrees to give HCD or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the ERF laws, HCD guidance or directives, and this Agreement.
B. Record Retention
The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
C. Public Records Act
The grantees’ final ERF-3-R application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.
6. Breach and Remedies
A. Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
1) Grantee’s failure to comply with the terms or conditions of this Agreement.
2) Use of, or permitting the use of, Program funds provided under this Agreement for any ineligible activities.
3) Any failure to comply with the deadl ines set forth in this Agreement.
B. Remedies for Breach of Agreement
In addition to any other remedies that may be available to HCD in law or equity for breach of this Agreement, HCD may:
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EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
1) Conduct program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings.
2) Bar the Grantee from applying for future ERF funds.
3) Revoke any other existing ERF award(s) to the Grantee.
4) Require the return of any unexpe nded ERF funds disbursed under this Agreement.
5) Require repayment of ERF funds disbursed and expended under this Agreement.
6) Require the immediate return to HCD of all funds derived from the use of ERF.
7) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with ERF requirements.
C. All remedies available to HCD are cumulative and not exclusive.
D. HCD may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days.
7. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of HCD to enforce at any time the provisions of this Agreement, or to require at any time performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of HCD to enforce these provisions.
8. Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law.
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EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
9. Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 10410 and 10411.
A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.
B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).
Packet Page. 450
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
D. Representatives of a County: A repres entative of a County serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the County.
10. Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:
Publish a statement notifying employees and subrecipients that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).
A. Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:
1) The dangers of drug abuse in the workplace.
2) Grantee’s policy of maintaining a drug-free workplace.
3) Any available counseling, rehabilitation, and employee assistance program.
4) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.
B. Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
1) Will receive a copy of Grantee’s drug-free policy statement, and
2) Will agree to abide by terms of Grantee’s condition of employment or
Packet Page. 451
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
subcontract.
11. Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and
B. The Grantee, to the best of its know ledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
12. Special Conditions – Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of HCD prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of ERF. Failure to comply with these conditions may result in termination of this Agreement.
A. The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:
1) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
2) Maintain at least the minimum State- required worker’s compensation for those employees who will perform the work or any part of it.
3) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it.
Packet Page. 452
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
4) Agree to include and enforce all the terms of this Agreement in each subcontract.
13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations
The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the ERF program, the Grantee, its subrecipients, and all eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to HCD upon request.
14. Inspections
A. Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
B. HCD reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
C. Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected.
15. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of HCD, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.
Packet Page. 453
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
B. The Grantee shall notify HCD immediatel y of any claim or action undertaken by or against it, which affects or may affect this Agreement or HCD, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of HCD.
Packet Page. 454
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT E
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
SPECIAL TERMS AND CONDITIONS
1. All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest-bearing accounts for five (5) years and report on these expenditures as required by HCD. HCD reserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest bearing accounts.
2. Grantee shall utilize its local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate ERF-specific funding sources and project codes in HMIS).
3. Grantee shall participate in and provide da ta elements, including, but not limited to, health information, in a manner consistent with federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System, in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act. For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council or HCD may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.
4. Grantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD. Grantee will report to HCD on programmatic changes the Grantee will make as a result of the technical assistance and in support of their grant goals.
5. Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.
Packet Page. 455
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT E
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
6. HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Per HSC Section 50252.1(d), HCD has authority to:
A. Monitor grantee performance.
B. Require a grantee not meeting goals to accept technical assistance from the Department.
C. Limit the allowable uses of program funds for a grantee that is not meeting goals.
7. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.
8. Non-Bond Funded
The Department represents that the intent of Exhibit D.1.B, Sufficiency of Funds is only to preserve the legislature’s ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non-bond funds referenced in the Encampment Resolution Funding Program, Round 3 Notice of Funding Application dated November 27, 2023, for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of Exhibit D.1.B, Sufficiency of Funds once construction has commenced in compliance with Program requirements and in accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.
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CITYOFSANBERNARDINO
NOTICEOFFUNDINGAVAILABILITY(NOFA)FORTHEENCAMPMENTRESOLUTIONFUNDING(ERF) PROGRAM
NOFARELEASEDATE:1/21/2025
DEADLINE:2/26/2025
The City of San Bernardino, through its Encampment Resolution Fund (ERFͲ3ͲR) initiative, is seeking qualifiedorganizationstoimplementaRapidRehousingProgramaimedattransitioning60individuals experiencinghomelessnessintostable,permanenthousingwithinthe5.2Ͳmileprioritizedencampment areaalongWatermanAvenue.Theprogramconsistsoftwokeycomponents:aProcuredSubcontractor, fundedat$600,000,toprovidehousingplacementservices,casemanagement,landlordengagement,and supportiveresourceconnections,andaRentalAssistanceandLandlordIncentivescomponent,fundedat $792,432. This initiative aligns with the City’s strategic efforts to reduce homelessness by integrating housingnavigation,financialsupport,andcasemanagementservicestoensurelongͲtermstabilityand communityreintegration.
1.ProcuredSubcontractor(HousingPlacementServices)–$600,000 Acompetitivelyselectedsubcontractor,fundedat$600,000,willberesponsibleforhousingplacement services.Thisincludes:
x Casemanagementtoassistindividualsinsecuringandmaintaininghousing. x Housingnavigationtohelpparticipantslocateappropriaterentalunits. x Landlordengagementtoincreasehousingopportunitiesandreducebarrierstoentry. x LinkagetosupportiveservicestopromotelongͲtermhousingstability. The subcontractor will ensure that individuals receive personalized support throughout the rehousing processandhaveaccesstonecessaryresourcestosustaintheirhousing.
2.RentalAssistanceandLandlordIncentives–$792,432 Thiscomponentprovidesfinancialassistancetosecurehousingandincentivizelandlordparticipation.It includes:
x RentalSubsidies–$693,378
o Coverssixmonthsofrentandsecuritydepositsforprogramparticipants. o 54 oneͲbedroom units at $1,611 per month and 6 twoͲbedroom units at $2,010 per month.
x LandlordIncentives–$99,054
Packet Page. 457
o ProvidesoneͲtimefinancialincentivestoencouragelandlordparticipation. o $1,611peroneͲbedroomunitand$2,010pertwoͲbedroomunittohelpsecurevacancies.
PurposeoftheERFProgramRapidRehousing
The Rapid Rehousing program is designed to help individuals and families experiencing homelessness achievestable,permanenthousingusingaHousingFirstapproach.Thesubcontractorwillproviderapid rehousingservicesto60clientsreferredbytheCityHomelessSolutionsCoordinatorordesignees.These services include housing navigation, case management, and connections to essential supportive resources.
By combining direct housing placement services with financial support, the program aims to reduce barriers to housing access, promote longͲterm stability, and support a successful transition into permanenthousingforindividualsexperiencinghomelessness. TheERFProgramisfundedbytheCaliforniaDepartmentofHousingandCommunityDevelopment(HCD) and is part of the state’s comprehensive effort to reduce homelessness using personͲcentered, dataͲ drivenapproaches.
EligibleApplicants
TheCityseeksproposalsfromqualifiedentitiesmeetingthefollowingcriteria: x NonͲProfitOrganizations:Mustholda501(c)(3)taxͲexemptstatusanddemonstrateoperational capacityinimplementinghousingͲrelateddirectserviceprograms. x CommunityͲBased Organizations: Organizations with a strong local presence and proven track recordofaddressinghomelessnessorhousinginsecuritywithinthecommunity. x Experience in Rapid Rehousing: Applicants must have demonstrated experience in planning, executing, and managing Rapid Rehousing initiatives or similar housingͲfocused interventions. Thisincludesexpertiseinsecuringrentalhousing,providingrentalassistance,anddeliveringcase managementservicesthatsupportclients'transitionstopermanenthousing. x DirectServiceExpertise:Theorganizationshouldhaveahistoryofsuccessfullydeliveringdirect servicestovulnerablepopulations,suchasunhousedindividuals,thosewithchronichealthor mentalhealthchallenges,andindividualsorfamiliesimpactedbysubstanceuse. RapidRehousing Total Budget
DeliveryofPermanentHousing(ProcuredSubcontractor) $600,000 ProcuredSubcontractorContract(HousingPlacementServices) $600,000 RapidRehousingͲRentalAssistanceandLandlordIncentives $792,432 54OneͲBedroomHousingUnits(RentalAssistance) $608,958 6TwoͲBedroomHousingUnits(RentalAssistance) $84,420 LandlordIncentivesfor60HousingPlacements $99,054
GrandTotal $1,392,432
Packet Page. 458
x DataManagementCapabilities:Applicantsmustbeproficientinusingdatasystemssuchasthe HomelessManagementInformationSystem(HMIS)andCoordinatedEntrySystem(CES)forclient tracking,servicedeliverydocumentation,andreportingonprogramoutcomes. x Financial and Administrative Capacity: Organizations must have robust financial management practices,includingtheabilitytoadministergrantfundingincompliancewithfederal,state,and localregulations.Thisincludesmaintainingadequatestaffing,systems,andcontrolstomanage andreportonfundseffectively.
FundingFocus:RapidRehousing
Qualifiedapplicantswillbeexpectedtodeliverarangeofservicesthatsupportthesuccessfultransition ofclientsintostablehousing.Eligibleactivitiesinclude,butarenotlimitedto: x Housing identification services: Actively identifying and securing appropriate rental housing options,includingoutreachtoprivatelandlords,sharedhousingarrangements,andresidential facilities.
x Rentalsubsidiesandsecuritydeposits:Providingfinancialassistancetocoverrentforuptosix months, security deposits, and other necessary payments to ensure clients can access and maintainhousing.
x Landlordincentivesandholdingfees:Offeringincentives,suchasriskmitigationfundsandholding fees,toencouragelandlordparticipationandreducebarrierstohousingaccessforclients. x Casemanagementandhousingnavigationservices:Deliveringindividualizedcasemanagement thatincludeshousingnavigation,serviceplanning,andongoingsupporttoaddressbarriersand sustainhousingstability.
SubmissionInformation
Applications will be available on the City of San Bernardino Housing and Homelessness website as of January21,2025.ApplicationsareduenolaterthanWednesday,February26,2025,at3:00P.M.deadline at[email protected]orattheCityofSanBernardinoCommunityDevelopmentfrontdeskat201North EStreet,3rdfloor,SanBernardino,CA92401.Applicationsreceivedafter3:00P.M.DeadlineonFebruary 26,2025,willnotbeaccepted.
Ifyourequirepublicdocumentsinanaccessibleformat,theCityofSanBernardinowillmakereasonable effortstoaccommodateyourrequest.TheCityofSanBernardinointendstocomplywiththeAmericans with Disabilities Act (ADA). If you should need special assistance, please contact Eddie Flores, ManagementAnalyst,at909Ͳ384Ͳ7272ext.3423orviaemailat[email protected]
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&EPOB&WBOT
Packet Page. 461
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1. Authority
The State of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. ERF was amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).
The Program is administered by the California Department of Housing and Community Development (“HCD”) in the Business, Consumer Services and Housing Agency (“Agency”). ERF provides one-time, competitive grant funds to Continuums of Care and / or Local Jurisdictions as defined below. To date, there have been three rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Rolling Disbursement in Round 3 of the ERF Program (“ERF-3-R”). For this Standard Agreement, ERF-3-R is synonymous with “ERF” or “Program” and refers to programs and grantees under Health and Safety Code 50252.1(c)(1).
This Standard Agreement along with all its exhibits (“Agreement”) is entered into by HCD and a Continuum of Care or a Local Jurisdiction (“Grantee”) under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (“NOFA”) dated November 27, 2023, under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance or directives, and the requirements appearing in the statutory authority for the Program cited above.
2. Purpose
As stated in the NOFA, the Program’s objective is to fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code section 8255. Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in encampments.
Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.
Packet Page. 462
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
3. Definitions
The following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code section 50250, Subdivisions (a) – (m);
A. “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.
B. “Agency” means the Business, Consumer Services, and Housing Agency.
C. “Applicant” means a continuum of care or local jurisdiction.
D. “Continuum of Care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
E. “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
F. “County” includes, but is not limited to, a city and county.
G. “Department” means the California Department of Housing and Community Development.
H. “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.
I. “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
J. “Local Jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
K. “Program” means the Encampment Resolution Funding program established pursuant to this chapter.
L. “Recipient” means an applicant that receives grant funds from HCD for the purposes of the program.
M. “State right-of-way” means real property held in title by the State of California
Additional definitions for the purposes of ERF program:
Packet Page. 463
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
“Grantee” is “a Continuum of Care or a Local Jurisdiction that receives grant funds from HCD for the purposes of the program. Grantee is synonymous with “Recipient.”
“Subrecipients” or “Subgrantees” are entities that receive subawards from “Recipients” or “Grantees” to carry out part of the Program.
“Expended” means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding.
“Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding.
Grantees must expend and obligate the funds by the statutory deadlines set forth in this Exhibit A.
4. Scope of Work
This Scope of Work identifies the terms and conditions necessary to accomplish the Program’s intended objectives.
As detailed in Exhibit A.2, the Program’s objective is to fund grantees to implement actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments.
Grantees will implement their ERF funded local proposals in compliance with the terms and conditions of this Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance and directives, and the requirements per the authorizing statute.
Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.
Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Payment Provisions.
Grantees are expected to be close partners with HCD. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.
Quarterly reporting requirements are detailed below in Exhibit D.4, Reporting,
Evaluation, and Audits.
Fiscal deadlines are detailed below in Exhibit A.6, Effective Date, Term of Agreement, and Deadlines.
Packet Page. 464
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Grantees shall complete a Final Work Product (as detailed below in Exhibit A.6.D) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will make Technical Assistance available.
HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.
5. HCD Contract Coordinator
HCD’s Contract Coordinator for this Agreement is HCD’s Grant Program Design Section Chief or the Grant Program Design Section Chief’s designee. Unless otherwise instructed, any communication shall be conducted through email to the HCD Contract Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, HCD shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to HCD and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: California Department of Housing
and Community Development City of San Bernardino
SECTION/UNIT: Policy and Program Support
ADDRESS: 651 Bannon Street, Suite 400
Sacramento, CA, 95811
290 North D Street, 3rd Floor.
San Bernardino, CA, 92401
CONTRACT
COORDINATOR Jeannie McKendry Cassandra Searcy
PHONE
NUMBER: (916) 490-9589 (909) 384-7270
EMAIL
ADDRESS:
[email protected]
[email protected] [email protected]
Packet Page. 465
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
The Department reserves the right to change their HCD Contract Coordinator, designee, contract administering entity, and / or contact information at any time with reasonable notice to the Grantee.
All requests to update the Grantee information listed within this Agreement shall be emailed to the HCD grant’s general email box at
[email protected].
Notice to either party may be given by email. Such notice shall be effective when received as indicated on email. Changes to the HCD Contract Coordinator, designee, and / or contact information or grantee information can be made without a formal amendment.
6. Effective Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon ex ecution by HCD, which includes signature from the Grantee and HCD. This is indicated by the HCD provided signature and date on the second page of the accompanying STD. 213, Standard Agreement.
B. Performance shall start no later than 30 days, or on the express date set by HCD and the Grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the Grantee fail to commence work at the agreed upon time, HCD, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.
C. Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed.
D. This Agreement will terminate on April 15, 2029.
Grantees shall submit a Final Work Product by April 1, 2028. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by HCD.
HCD will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by April 15, 2029.
Grantees are expected to continue performing until April 15, 2029. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials.
E. Expenditure and Obligation Deadlines:
Packet Page. 466
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
1) Grantees shall expend no less th an 50 percent and obligate 100 percent of Program funds by June 30, 2025.
2) Grantees that have not obligated 10 0 percent of their Program funds by June 30, 2025, shall submit an alternative disbursement plan to HCD for approval no later than July 30, 2025. This alternative disbursement plan should detail the explanation for the delay and plans for all future obligations and expenditures.
3) Grantees not meeting the requirements outlined in (i) may be subject to additional corrective action, as determined by HCD.
4) All Program funds (100 percent) shall be expended by June 30, 2027.
Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(e)(5).
Packet Page. 467
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Payee
Name: City of San Bernardino Amount: $4,569,511.00
2. General Conditions Prior to Disbursement
All Grantees must submit the following completed forms prior to ERF being released:
A. Request for Funds Form (“RFF”)
B. STD 213 Standard Agreement form and Exhibits A, B, D and E
C. STD 204 Payee Data Record or Government Agency Taxpayer ID Form
3. Disbursement of Funds
ERF will be disbursed to the Grantee in one allocation upon receipt, review and approval of the completed Standard Agreement and RFF by HCD.
The RFF must include the proposed eligible uses and the amount of funds proposed to be expended.
4. Budget Details and Expenditure of Funds
The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted, approved budget. HCD reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted budgets.
A. Budget Changes
1) Process:
Budget modification requests should be made as part of the quarterly report process. These requests will be reviewed in the first week after quarterly reports are received. HCD may consider budget change requests outside of this process, through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.
Packet Page. 468
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
HCD reserves the right to amend or adjust this process as necessary.
2) Conditions requiring a budget modification request:
Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by HCD so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.
Any decrease or increase to the total expenditures for any eligible use category must be approved by HCD’s Grant Program Design Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized
budget. The Grants Program Design Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from HCD as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6, Breach and Remedies.
Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change shall be submitted to HCD for prior approval.
B. Eligible Uses
Eligible uses and activities must be consistent with HSC Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.
Eligible uses and activities include, but are not limited to, the following:
Rapid Rehousing: Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community-based services.
Operating Subsidies: Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
Packet Page. 469
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Street Outreach: Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services.
Services Coordination: Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and promote housing stability for eligible persons, as well as direct case management services being provided to persons.
Systems Support: Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons’ experiences of unsheltered homelessness.
Delivery of Permanent Housing: Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons.
Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. This category is only available to serve people who were formerly residing in the prioritized ERF encampment site.
Interim Sheltering: Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.
Improvements to Existing Emergency Shelters: Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.
Administration: up to 5% of awarded Program funds may be applied to administrative costs.
Program funds shall not be expended on Site Restoration or other Ineligible Costs as detailed immediately below.
5. Ineligible Costs
Packet Page. 470
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
ERF shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health and Safety Code sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.
Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.
HCD, at its sole and absolute discretion, shall make the final determination regarding the allowability of ERF expenditures.
HCD reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use ERF funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to HCD at an amount and timeframe determined by HCD.
An expenditure which is not authorized by this Agreement, or by written approval of HCD, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to HCD by the Grantee at an amount and timeframe determined by HCD.
Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution.
Unless expressly approved by HCD in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution.
Packet Page. 471
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
ERF GENERAL TERMS AND CONDITIONS
1. Termination and Sufficiency of Funds
A. Termination of Agreement
HCD may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, violation of any federal or state laws; or withdrawal of HCD’s expenditure authority as described in Exhibit D, Breach and Remedies. Violation of any federal or state laws; or withdrawal of HCD’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by HCD, any unexpended funds received by the Grantee shall be returned to HCD within 30 days of HCD’s specified date of termination.
B. Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.
2. Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12, Special Conditions – Grantees/Subgrantee or with the prior written approval of HCD and a formal amendment to this Agreement to affect such subcontract or novation.
3. Grantee’s Application for Funds
Grantee submitted a standardized budget to HCD as part of their application for the Program.
Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee’s knowledge. In the event that any part of the application, or any approved modification or addition thereto is untrue, incorrect,
Packet Page. 472
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
incomplete, or misleading in such a manner that would substantially affect HCD approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then HCD may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.
4. Reporting, Evaluation, and Audits
A. Reporting Requirements
1) Timing and Format of Reports.
Grantee is required to provide HCD or its agents with all data and outcomes that may inform an assessment of the funded proposal.
Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement’s termination.
The quarterly reports shall be submitted on a template to be provided by HCD at least 90 days prior to the first reporting deadline. HCD may request interim reports as needed and will provide no less than 30 days’ notice to Grantees.
2) Required Data
Grantees will be required to provide, at minimum:
x Outreach and service path data at t he anonymized, individual level. x Current housing status of persons served in the aggregate. x Status of funding as presented in the HCD approved, standardized budget.
x Continued confirmation that pr ojects receiving ERF funds are populated timely into HMIS and use HCD supplied funding codes.
HCD’s discretion in identifying which information shall be included in these reports is final. Grantees shall also report information in the form and manner required by HCD. Failure to comply will be considered a breach.
Pursuant to HSC Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.
Packet Page. 473
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to HCD, in addition to any data reported through local Homeless Management Information System, as required by HCD for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
Grantees shall comply with the data entry requirements of AB 977, located at Welfare and Institutions Code section 8256(d).
3) HCD usage of Reports
Pursuant to HSC Section 50254(b)(4), HCD may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.
4) Failure to Report
If the Grantee fails to provide any such report, HCD may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.
B. Evaluation
1) At HCD ’s discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will contract a third party to complete the evaluation.
2) Grantees are expected to be close partners with HCD for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of successes or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with HCD, or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by HCD or its designee.
3) For the purpose of evaluation, HCD or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice.
Packet Page. 474
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
4) Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.
5) Grantees shall notify HCD and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.
6) All terms and conditions that appl y to reporting similarly apply to evaluation.
C. Auditing
HCD reserves the right to perform or cause to be performed a financial audit. At HCD request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:
1) The audit shall be performed by an independent certified public accountant.
2) The Grantee shall no tify HCD of the auditor’s name and address immediately after the selection has been made. The contract for the audit shall allow access by HCD to the independent auditor’s working papers.
3) The Grantee is responsible for the completion of audits and all costs of preparing audits.
4) If there are audit findings, the Gr antee must submit a detailed response acceptable to HCD for each audit finding within 90 days from the date of the audit finding report.
5. Inspection and Retention of Records
A. Record Inspection
HCD or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement.
The Grantee agrees to provide HCD, or its designee, with any relevant information requested within 30 days of a written request.
Packet Page. 475
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
The Grantee agrees to give HCD or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the ERF laws, HCD guidance or directives, and this Agreement.
B. Record Retention
The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
C. Public Records Act
The grantees’ final ERF-3-R application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.
6. Breach and Remedies
A. Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
1) Grantee’s failure to comply with the terms or conditions of this Agreement.
2) Use of, or permitting the use of, Program funds provided under this Agreement for any ineligible activities.
3) Any failure to comply with the deadl ines set forth in this Agreement.
B. Remedies for Breach of Agreement
In addition to any other remedies that may be available to HCD in law or equity for breach of this Agreement, HCD may:
Packet Page. 476
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
1) Conduct program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings.
2) Bar the Grantee from applying for future ERF funds.
3) Revoke any other existing ERF award(s) to the Grantee.
4) Require the return of any unexpe nded ERF funds disbursed under this Agreement.
5) Require repayment of ERF funds disbursed and expended under this Agreement.
6) Require the immediate return to HCD of all funds derived from the use of ERF.
7) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with ERF requirements.
C. All remedies available to HCD are cumulative and not exclusive.
D. HCD may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days.
7. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of HCD to enforce at any time the provisions of this Agreement, or to require at any time performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of HCD to enforce these provisions.
8. Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law.
Packet Page. 477
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
9. Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 10410 and 10411.
A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.
B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).
Packet Page. 478
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
D. Representatives of a County: A repres entative of a County serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the County.
10. Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:
Publish a statement notifying employees and subrecipients that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).
A. Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:
1) The dangers of drug abuse in the workplace.
2) Grantee’s policy of maintaining a drug-free workplace.
3) Any available counseling, rehabilitation, and employee assistance program.
4) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.
B. Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
1) Will receive a copy of Grantee’s drug-free policy statement, and
2) Will agree to abide by terms of Grantee’s condition of employment or
Packet Page. 479
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
subcontract.
11. Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and
B. The Grantee, to the best of its know ledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
12. Special Conditions – Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of HCD prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of ERF. Failure to comply with these conditions may result in termination of this Agreement.
A. The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:
1) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
2) Maintain at least the minimum State- required worker’s compensation for those employees who will perform the work or any part of it.
3) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it.
Packet Page. 480
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
4) Agree to include and enforce all the terms of this Agreement in each subcontract.
13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations
The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the ERF program, the Grantee, its subrecipients, and all eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to HCD upon request.
14. Inspections
A. Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
B. HCD reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
C. Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected.
15. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of HCD, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.
Packet Page. 481
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
B. The Grantee shall notify HCD immediatel y of any claim or action undertaken by or against it, which affects or may affect this Agreement or HCD, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of HCD.
Packet Page. 482
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT E
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
SPECIAL TERMS AND CONDITIONS
1. All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest-bearing accounts for five (5) years and report on these expenditures as required by HCD. HCD reserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest bearing accounts.
2. Grantee shall utilize its local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate ERF-specific funding sources and project codes in HMIS).
3. Grantee shall participate in and provide da ta elements, including, but not limited to, health information, in a manner consistent with federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System, in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act. For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council or HCD may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.
4. Grantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD. Grantee will report to HCD on programmatic changes the Grantee will make as a result of the technical assistance and in support of their grant goals.
5. Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.
Packet Page. 483
City of San Bernardino
24-ERF-3-R-100006
EXHIBIT E
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 08-14-2024
Prep. Date: 08-14-2024
6. HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Per HSC Section 50252.1(d), HCD has authority to:
A. Monitor grantee performance.
B. Require a grantee not meeting goals to accept technical assistance from the Department.
C. Limit the allowable uses of program funds for a grantee that is not meeting goals.
7. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.
8. Non-Bond Funded
The Department represents that the intent of Exhibit D.1.B, Sufficiency of Funds is only to preserve the legislature’s ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non-bond funds referenced in the Encampment Resolution Funding Program, Round 3 Notice of Funding Application dated November 27, 2023, for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of Exhibit D.1.B, Sufficiency of Funds once construction has commenced in compliance with Program requirements and in accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.
Packet Page. 484
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 18, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager
C. Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for March 2025 (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 March 2025.
Executive Summary
This action is to approve the commercial and payroll disbursements. This is regular business of the Mayor and City Council ensuring that the City pays vendors, employees, and the retirement system timely, accurately and with full transparency for the community.
Background
Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers.
The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
Packet Page. 485
Discussion
2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions.
Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for March 2025.
Attachments
Attachment 1 Payroll Summary Report for March 2025 Attachment 2 Commercial checks & Payroll Register #49 Attachment 3 Commercial checks & Payroll Register #50 Attachment 4 Commercial checks & Payroll Register #51 Attachment 5 Commercial checks & Payroll Register #52 Attachment 6 Commercial EFT Registers #1774-1775 Gross Payroll
Bi-Weekly for March 2, 2025 $3,908,680.77
Bi-Weekly for March 16, 2025 $3,434,317.71
Bi-Weekly for March 30, 2025 $3,951,142.82
Monthly for March, 2025 $28,147.21
Total Payroll Demands: $11,322,288.51 The following check registers are being presented for approval:
March 6, 2025 2024/25 (Register #49) $1,362,043.81
March 13, 2025 2024/25 (Register #50) $3,485,098.07
March 20, 2025 2024/25 (Register #51) $1,515,587.87
March 27, 2025 2024/25 (Register #52) $1,615,343.24
Total commercial check demands: $7,978,072.99
The following Electronic Funds Transfer (EFT) registers presented for approval:
Mar 13, 2025-Mar 14, 2025 2024/25 (Register #1774-1775) $51,700.00 January 23, 2025 2024/25 (Register #1776-1779) $13,622.23 Total commercial EFT demands: $65,322.23
Purchasing Card Charges:
March 2025 $89,393.00
Total Purchasing Card Charges: $89,393.00
Packet Page. 486
Attachment 7 Commercial EFT Registers #1776-1779 Attachment 8 Purchasing Card Charges for March 2025 Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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Fund Amount
001 - General $64,991
117 - Home Improvement Part 14.239 $992
119 - Community Development Block Grant $1,164
123 - Federal Grant Programs $3,070
124 - Animal Control $6,805
126 - Gas Tax Fund $1,712
130 - State And Other Grant Programs $6,630
131 - CDBG-CV 1 $862
141 - Local Grants $1,296
679 - Information Technology $1,871
Grand Total $89,393
City of San Bernardino
Purchasing Card Charges by Department
Mar-2025 Expenditures
Summary by Fund
Packet Page. 580
City of San Bernardino
Purchasing Card Charges by Department
March-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
001 - General
Mayor
5111 - Material And Supplies
03/13/25 - Certificate paper and office supplies $354
5111 - Material And Supplies Total $354
5122 - Dues And Subscriptions
03/6/2025 - Sun Newspaper monthly online subscription $14 5122 - Dues And Subscriptions Total $14
5132 - Meetings And Conferences
03/19/25 - Cal Cities City Leaders Summit Event Registration - M $650 03/20/25 - Rental Car for Cal Cities Policy Committee Meetings f $133 03/26/25 - Registration for 2025 City/County Conference - Mayor $295 3/12/25 - Hotel for 2025 City County Conference - Mayor $228 3/12/25 - Meeting with staff - Mayor $35
3/20/25 - Rental Car Gas for Cal Cities Policy Committee Meeting $72 3/7/25 - Meeting with Viet Daily News - Mayor $20
5132 - Meetings And Conferences Total $1,433
Mayor Total $1,801
City Clerk
5122 - Dues And Subscriptions
Expense Disputed - Subscription for digital project editor $15 TinyURL yearly subscription is used for the link for the Mayor $96 5122 - Dues And Subscriptions Total $111
5132 - Meetings And Conferences
Refund for CCAC annual conference, Cancellation due to medical r ($446) Refund from City Clerk CCAC conference cancelation ($446) 5132 - Meetings And Conferences Total ($893)
City Clerk Total ($782)
Packet Page. 581
City of San Bernardino
Purchasing Card Charges by Department
March-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
City Council
5111 - Material And Supplies
$236.48 - COSTCO - 03-19-2025 MCC Meeting Supplies $236 03-01-2025 - $82.80 - Kelly Paper $62.81 plus $19.99 added shipp $83 5111 - Material And Supplies Total $319
5132 - Meetings And Conferences
$22.84 - IN-N-OUT BURGER - 03-19-2025 MCC Meeting $23
$239.33 FOOD 4 LESS - 03-05-2025 MCC Meeting $239
$27.19 - GEORGES BURGERS #4 - 03-05-2025 MCC Meeting $27 $395.08 - PHILLYs STEAK & SUBS - 03-05-2025 MCC Meeting Dinner $395 03-18-2025 - $323.88 - Juan Pollo - MCC Meeting Meal $324 5132 - Meetings And Conferences Total $1,008
5142 - Meetings And Conferences - Ward 1
$25.00 - Inland Empire Division Mtg. March Registration #1 $25 03-12-2025 - $228.32 - Lake Arrowhead Resort Hotel Deposit - Cit $228 03-26-2025 - $295.00 - City County Conference Registration #1 $295 5142 - Meetings And Conferences - Ward 1 Total $548
5145 - Meetings And Conferences - Ward 4
$25.00 - Inland Empire Division Mtg. March Registration #1 $25 03-12-2025 - $228.32 - Lake Arrowhead Resort Hotel Deposit - Cit $228 03-26-2025 - $295.00 - City County Conference Registration #4 $295 5145 - Meetings And Conferences - Ward 4 Total $548
5146 - Meetings And Conferences - Ward 5
03-26-2025 - $228.32 - Lake Arrowhead Resort Hotel Deposit - Cit $228 03-26-2025 - $295.00 - City County Conference Registration #5 $295 03-26-2025 - $650.00 - League of CA Cities - City Leaders Summit $650 5146 - Meetings And Conferences - Ward 5 Total $1,173
5148 - Meetings And Conferences - Ward 7
03-12-2025 - $1,225.00 - ICSC Membership Dues & Registration #7 $1,225 03-12-2025 - $228.32 - Lake Arrowhead Resort Hotel Deposit - Cit $228 03-26-2025 - $295.00 - City County Conference Registration #7 $295 5148 - Meetings And Conferences - Ward 7 Total $1,748
5186 - Civic And Promotional
02-28-2025 - $139.20 - Im-Press Printing Name Plates for Deputy CM $139 5186 - Civic And Promotional Total $139
City Council Total $5,485
Packet Page. 582
City of San Bernardino
Purchasing Card Charges by Department
March-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
City Manager
5111 - Material And Supplies
Amazon - 02.27.25 CM Office Supplies $69
Amazon - 03.04.25 CM OFFICE SUPPLIES (A) $46
Amazon - 03.04.25 CM OFFICE SUPPLIES (B) $36
Amazon - 03.11.25 CM Office Supplies $27
Amazon - 03.11.25 CM Office Supplies (B) $83
Amazon - 03.17.25 CM Office Supplies $88
Amazon - 03.20.25 CM Office Supplies $45
Amazon - 03.24.25 CM Office Supplies $59
Food 4 Less - 03.11.2025 CM Office Supplies $80
Sam's Club - 03.10.2025 CM Office Supplies $82
Sam's Club - 03.12.2025 CM Office Supplies $80
Sam's Club - 03.17.2025 CM Office Supplies $13
Sam's Club Refund - 03.17.2025 CM Office Supplies ($5)
5111 - Material And Supplies Total $702
5122 - Dues And Subscriptions
Amazon - 03.21.2025 CM Dues & Subscriptions $140
Sun Newspaper Subscription for the City Manager's Office and PIO $14 5122 - Dues And Subscriptions Total $154
5132 - Meetings And Conferences
2025 SBCTA City County Conference - Lake Arrowhead, CA - CM $228 Arlo Washington DC Hotel - Legislative Affair Manager - NLC 2025 Congressional $1,480 City Manager registered to attend the 2025 City County Conferenc $295 Eventbrite - Mar 29, 2025 - Cesar Chavez Memorial Breakfast $1,500 LOCC 2025 City Leaders Summit - Registration for Legistlative Affair Manager $650 Panera - 03.05.2025 CM Department Head Meeting $22
Southwest - APR 22-25, 2025 - Legislative Affair Manager - LOCC City Leaders $333 5132 - Meetings And Conferences Total $4,508
City Manager Total $5,364
Community Development & Housing
5111 - Material And Supplies
Calendar to be used by the Planning Dept. $27
Clock to replace broken clock in the Board Room $53
Shirts and embroidery for the Building Inspectors $318
5111 - Material And Supplies Total $398
5122 - Dues And Subscriptions
Payment for Membership Dues for Code Enforcement CACEO membershi $100 Principal Planner - Senior Planner Professional Membership renewal $622 5122 - Dues And Subscriptions Total $722
5132 - Meetings And Conferences
Cake purchased for office celebration, Kleenex purchased for off $68 5132 - Meetings And Conferences Total $68
5133 - Education And Training
Code enforcement leadership conference registration fee $299 5133 - Education And Training Total $299
Community Development & Housing Total $1,487
Packet Page. 583
City of San Bernardino
Purchasing Card Charges by Department
March-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
Economic Development
5111 - Material And Supplies
Labels and dividers for marketing material binders. $97 PinDepot order - Lapel pins for meetings/conference giveaways. $685 5111 - Material And Supplies Total $782
5122 - Dues And Subscriptions
Real Property Manager IRWA Certificate receipt. $25
Wall Street Journal Monthly subscription charge. $8
5122 - Dues And Subscriptions Total $33
5132 - Meetings And Conferences
Black Chamber of Commerce Mixer - Sponsor DoubleTree Food DIspla $665 Flight refund for Econ Dev Director ICSC Monterey ($50) Hotel for Econ Dev Director ICSC Monterey $1,022
Real Property Manager Flight for MICD Workshop with the Mayor. $657 5132 - Meetings And Conferences Total $2,294
5133 - Education And Training
Real Property Manager IRWA Certificate receipt. $25
5133 - Education And Training Total $25
Economic Development Total $3,134
Finance & Management Services
5122 - Dues And Subscriptions
Barrons subscription $33
Budget - CSMFO Membership $150
cancellation refund ($1)
CSMFO 2025 Membership Renewal Invoice - Budget $60
CSMFO membership receipt. Budget $60
CSMFO-Payroll Supervisor Membership-Payroll $150
GFOA Membership Order Confirmation. Budget $150
GFOA-Payroll Supervisor Membership-Payroll $150
PayrollOrg- Membership $680
The Sun subscription $18
The Wall Street subscription $60
The Wall Street subscription $ explanation. $60
5122 - Dues And Subscriptions Total $1,570
5132 - Meetings And Conferences
GFOA Budget Academy. Registration. 12.8.25-12.12.25 - Budget $1,500 GFOA. Accounting academy registration $1700. Accounting $1,700 GFOA. Accounting/Budget academy. Flights $987
NGMA hotel - Grant $698
NGMA hotel - Grants $810
5132 - Meetings And Conferences Total $5,694
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City of San Bernardino
Purchasing Card Charges by Department
March-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
5133 - Education And Training
Accounting training $95
GFOA Budgeting Best Practices Monthly Series - Understanding Inv $95 GFOA classes. Treasury $380
GFOA webinar payroll $75
Market and Credit Rating Outlook class registration $95 5133 - Education And Training Total $740
Finance & Management Services Total $8,004
General Government
5111 - Material And Supplies
Community Sparks Program Purchase. $1,292
5111 - Material And Supplies Total $1,292
General Government Total $1,292
Human Resources & Risk Management
5105 - Employee Recognition
Employee Appreciation Event $1,000
Employee Appreciation event table cloths $41
5105 - Employee Recognition Total $1,041
5111 - Material And Supplies
Available signs for door for CM office breakroom $10
Certificates for HR Employees $27
embroidery city department polos for new staff $399
Office Supplies $159
Recruitment Division Office Supplies $89
stapler removers $8
5111 - Material And Supplies Total $692
5122 - Dues And Subscriptions
PSHRA Membership for Recruitment Division -HR Analyst II $50 PSHRA Membership for Recruitment Division -HR Analyst Trainee $50 PSHRA Membership for Recruitment Division -HR Supervisor Analyst $50 5122 - Dues And Subscriptions Total $150
5132 - Meetings And Conferences
Deposit hold stay for Dynamics Conference for Executive Assistan $259 Dynamic Assistant Conference Room Reservation for Executive Assi $259 Dynamics Executive Assistant Conference for EA in HR $1,895 HR Recruitment Conference PSHRA for HR Analyst II $175
HR Recruitment Conference PSHRA for HR Analyst Trainee $175 HR Recruitment Conference PSHRA for HR Supervisor Analyst $175 Refund for Hotel Stay Conference PARMA HR ($223)
5132 - Meetings And Conferences Total $2,714
5133 - Education And Training
CPS HR Risk Training for HR Supervisor $398
HR Analyst I Risk Division Training $398
HR Liaisons training Neogov lunch provided $26
HR Recruitment Division Training $100
Training for HR Liaisons from each dept. on Neogov lunch provide $112
Packet Page. 585
City of San Bernardino
Purchasing Card Charges by Department
March-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
5133 - Education And Training Total $1,034
5175 - Postage
shipping of employee personal belongings $19
5175 - Postage Total $19
Human Resources & Risk Management Total $5,650
Library
5111 - Material And Supplies
Book corners for new books $145
Book label materials / Young Adults $29
Bookcase for Children's $1,019
Bracket for lobby program TV $54
Children's Department Request $486
Children's Department Request - Bean bag chairs $287
IT Requested Material $978
Part of a previous credit from Feb. scanner return. ($31) Staff ID Badge Holders $36
Tech Services Materials $367
TV for lobby programs $278
5111 - Material And Supplies Total $3,646
5112 - Small Tools And Equipment
Book Gate replacement for Villa $4,159
5112 - Small Tools And Equipment Total $4,159
Library Total $7,805
Parks & Recreation
5111 - Material And Supplies
Bingo items for Senior Service bingo club at both Senior Facilit $573 Bunny Costume for CID Adaptive Egg Hunt 4/11 & Aquatics Bunny Pl $98 Food handlers certificates required for intergenerational progra $66 purchase of food for center cooking program-RHCC-Master Chef $51 purchase of food for center cooking program-VCC-Kids in the Kitc $49 Senior Movie Day: Seven seniors age participants had the the opp $42 Senior Movie Day: Ten seniors age participants had the the oppor $60 Senior Movie Day: Two seniors age participants had the the oppor $12 5111 - Material And Supplies Total $950
5132 - Meetings And Conferences
Conference registration $625
CPRS CONFERENCE FLIGHT FOR CHRIS MCCLAIN $604
CPRS CONFERENCE HOTEL FOR CHRIS MSCAIN $980
5132 - Meetings And Conferences Total $2,209
5171 - Rentals
Rental of Indian Springs High School Theatre for the annual Olli $1,213 5171 - Rentals Total $1,213
Parks & Recreation Total $4,372
Packet Page. 586
City of San Bernardino
Purchasing Card Charges by Department
March-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
Police
5111 - Material And Supplies
ADMIN NEEDS PENS DUE TO LOW SUPPLY. $28
Batteries for police dept use $328
DISPATCH NEEDS RISERS FOR COMPUTER MONITORS. $35
flash drives for police dept use $38
framed photos showcasing dept personnel $284
fridge for pd dispatch $1,614
FRONT DESK AND WATCH COMMANDER'S OFFICE IS REPLACING WORN OUT EQ $348 NEED TO REPLACE WORN OUT EQUIPMENT IN THE FRONT DESK DEPARTMENT/ $796 PERSONNEL AND TRAINING NEEDS IT FOR FIRST AID PSP TRAINING. $207 PERSONNEL AND TRAINING NEEDS SUPPLIES FOR FIRST AID PSP TRAINING $84 PERSONNEL AND TRAINING- SERGEANT OFFICE NEEDS A NEW CHAIR AND RI $352 PROPERTY NEEDS FLASH DRIVES WITH DIFFERENT GB CAPACITY. $163 PROPERTY NEEDS VARIETY OF FLASH DRIVES WITH DIFFERENT GB CAPACIT $42 5111 - Material And Supplies Total $4,318
5113 - Motor Fuel And Lubricants
Fuel for Chief's city issued vehicle. $96
5113 - Motor Fuel And Lubricants Total $96
5121 - Advertising
Advertising on social media $154
5121 - Advertising Total $154
5122 - Dues And Subscriptions
Buzzsprout podcast subscription $12
5122 - Dues And Subscriptions Total $12
5133 - Education And Training
CALNENA CONFERENCE HOTEL PARKING $231
CITY LEADERS SUMMIT FLIGHT $425
CITY LEADERS SUMMIT REGISTRATION $650
CJIS REGISTRATION $199
CRIME SCENE PHOTOGRAPHY CREDIT CARD FEE $10
CRIME SCENE PHOTOGRAPHY REGISTRATION $370
INTERVIEW & INTERRORGATION REGISTRATION $575
POLICE OFFICER MEMORIAL FLIGHT $953
SCAG REGIONAL CONFERENCE REGISTRATION $400
5133 - Education And Training Total $3,813
Packet Page. 587
City of San Bernardino
Purchasing Card Charges by Department
March-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
5134 - Training Post Reimburseable
BASIC ACADEMY FEES $1,767
BASIC ACADEMY REGISTRATION $5,291
5134 - Training Post Reimburseable Total $7,058
Police Total $15,451
Public Works
5111 - Material And Supplies
7 PICKLEBALL NETS PERRIS HILL PARK $1,028
ANIMAL SHELTER SIGN 8TH STREET $881
DISPOSABLE GLOVES AND SHOP TOWELS FOR CUSTODIAL $848
DISPOSABLE GLOVES AND SHOP TOWELS FOR CUSTODIAL $196.93 + $847.8 $197 DISPOSABLE RESPIRATORS N95 FOR CUSTODIAL $120
DRY ERASE SUPPLIES FOR SCHOOL OFFICE/CLASS $37
PICKLEBALL TENNIS NET FOR PERRIS HILL $172
WATER JUGS FOR O&M EMPLOYEES $717
WHITE BOARDS FOR SHCOOL/CLASS OFFICE $273
5111 - Material And Supplies Total $4,272
5133 - Education And Training
Enrollment fee for NPDES course for PW employee training $352 NPDES Inspector training class for PW employee $399
5133 - Education And Training Total $751
5157 - Telephone Charges
SPECTRUM FOR CA THEATRE FEB 2025 $295
SPECTRUM FOR CA THEATRE MAR 2025 $295
5157 - Telephone Charges Total $590
5172 - Equipment Maintenance
DRY ERASE BOARD WALL MOUNTED BOARD FOR SCHOOL OFFICE $314 5172 - Equipment Maintenance Total $314
Public Works Total $5,927
001 - General Total $64,991
117 - Home Improvement Part 14.239
Community Development & Housing
5121 - Advertising
County title recording fees related to the reconveyance of title $42 5121 - Advertising Total $42
5133 - Education And Training
Two-day NSPIRE Compliance course providing in-depth knowledge of $950 5133 - Education And Training Total $950
Community Development & Housing Total $992
117 - Home Improvement Part 14.239 Total $992
Packet Page. 588
City of San Bernardino
Purchasing Card Charges by Department
March-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
119 - Community Development Block Grant
Police
5111 - Material And Supplies
gloves for PEACE Team outreach protection $430
Supplies for PEACE Team Outreach Operations (Wipes, Dog treats) $38 5111 - Material And Supplies Total $469
5132 - Meetings And Conferences
NCDA Conference Registration $695
5132 - Meetings And Conferences Total $695
Police Total $1,164
119 - Community Development Block Grant Total $1,164
123 - Federal Grant Programs
Police
5102 - Computer Equip-Non Capital
items for real time crime center $979
5102 - Computer Equip-Non Capital Total $979
5111 - Material And Supplies
SENSORS NEEDED TO CONDUCT DUI INVESTIGATIONS. $2,092
5111 - Material And Supplies Total $2,092
Police Total $3,070
123 - Federal Grant Programs Total $3,070
124 - Animal Control
Animal Services
5111 - Material And Supplies
Animal food $100
Controlled Substances Log Book $46
Customer service jacket $45
Food for pigs, rabbits, guinea pigs - hay and straw $172 Hose connectors for kennel staff $129
JACKET PURCHASED FOR CUSTOMER SERVICE STAFF $19
Litter pans, food and water trays for cats $2,108
Lock box for controlled substances on the Mobile Veterinary Unit $48 Ramps to help dogs load into Animal Control Trucks $241 Shelving for donations in the front lobby $158
Shor-Line purchase for clamps/locks and angles $369
Supplies for animal control officers and volunteer coordinators $796 5111 - Material And Supplies Total $4,231
5122 - Dues And Subscriptions
Annual Subscription for scheduling platform $324
5122 - Dues And Subscriptions Total $324
5133 - Education And Training
Euthanasia certification training for 5 staff members $2,250 5133 - Education And Training Total $2,250
Animal Services Total $6,805
124 - Animal Control Total $6,805
Packet Page. 589
City of San Bernardino
Purchasing Card Charges by Department
March-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
126 - Gas Tax Fund
Public Works
5111 - Material And Supplies
MURAL PAINT SUPPLIES $1,527
5111 - Material And Supplies Total $1,527
5122 - Dues And Subscriptions
ISA MEMBERSHIP - ARBORIST $185
5122 - Dues And Subscriptions Total $185
Public Works Total $1,712
126 - Gas Tax Fund Total $1,712
130 - State And Other Grant Programs
Animal Services
5111 - Material And Supplies
Aprons for volunteers and chargers for the volunteer IPad $54 5111 - Material And Supplies Total $54
Animal Services Total $54
Community Development & Housing
5111 - Material And Supplies
File Cabinet for new Encampment Resolution Fund grant staff. $304 Office furniture and supplies for new Encampment Resolution Fund $869 5111 - Material And Supplies Total $1,174
Community Development & Housing Total $1,174
Library
5111 - Material And Supplies
Different games for ESL learners and their families. $52 5111 - Material And Supplies Total $52
5122 - Dues And Subscriptions
Emergency payment to ensure service was reinstated for ESL lear $688 5122 - Dues And Subscriptions Total $688
Library Total $740
Parks & Recreation
5111 - Material And Supplies
Back 2 Nature Grant-Family Camp Snacks $129
5111 - Material And Supplies Total $129
5133 - Education And Training
Food handlers certificates required for intergenerational progra $220 Required Food Handler's Certification. $22
5133 - Education And Training Total $242
Parks & Recreation Total $371
Packet Page. 590
City of San Bernardino
Purchasing Card Charges by Department
March-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
Police
5122 - Dues And Subscriptions
baseball registration for police officers from $404
Registration dues for sworn runners $1,090
5122 - Dues And Subscriptions Total $1,495
5133 - Education And Training
Accidental charge to P-Card - Charge already reversed $31 Flight for grant-related conference $435
Hotel Charge for CNOA Conference $857
Hotel for CNOA travel $776
Hotel Refund for CNOA Conference ($645)
Rental car for CNOA conference $141
Rental car gas for CNOA conference travel $40
Travel expense for CNOA Conference $62
5133 - Education And Training Total $1,697
5502 - Professional Contractual Services
Expenses for Women's Inspirational Network event $1,101 5502 - Professional Contractual Services Total $1,101
Police Total $4,293
130 - State And Other Grant Programs Total $6,630
131 - CDBG-CV 1
Community Development & Housing
5132 - Meetings And Conferences
Hotel stay expense related to the Homeless Services Coordinator' $862 5132 - Meetings And Conferences Total $862
Community Development & Housing Total $862
131 - CDBG-CV 1 Total $862
141 - Local Grants
Animal Services
5111 - Material And Supplies
Materials for Casa Ramona adoption site $153
Missing parts for dog kennels $938
5111 - Material And Supplies Total $1,091
Animal Services Total $1,091
Economic Development
5111 - Material And Supplies
Facebook push Ad for Love Your Block program. $87
Water bottles for Love Your Block program. $117
5111 - Material And Supplies Total $204
Economic Development Total $204
141 - Local Grants Total $1,296
Packet Page. 591
City of San Bernardino
Purchasing Card Charges by Department
March-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
679 - Information Technology
Information Technology
5102 - Computer Equip-Non Capital
Equipment for the Marketing & Media Specialist $760
5102 - Computer Equip-Non Capital Total $760
5111 - Material And Supplies
Drive Duplicator for PSG & memory card for City Manager's Office $196 Emergency flashlights for power outages. $46
Specialty tool needed for repair. $24
5111 - Material And Supplies Total $265
5122 - Dues And Subscriptions
FCC licensing services that allow you to obtain the authorizatio $95 Membership for IT Director for Metropolitan Information Exchange $750 5122 - Dues And Subscriptions Total $845
Information Technology Total $1,871
679 - Information Technology Total $1,871
Grand Total $89,393
Packet Page. 592
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 18, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
C. Jeannie Fortune, Interim Director of Finance and Management Services
Department: Finance and Management Services
Subject: Investment Portfolio Report for March 2025 (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 March 2025.
Executive Summary
This action is to approve the Investment Portfolio for the month of March 2025. This is regular business of the Mayor and City Council ensuring that City investments are in compliance with the Mayor and Council approved Investment Policy.
Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. Section III, Chapter N of the City’s approved 2023-24 Investment Policy reads as follows, “The Director of Finance shall submit to the City Council, on a monthly basis, a report summarizing the individual transactions executed within the month.” The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy.
Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended March 31, 2025.
The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements.
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2021-2025 Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan.
Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment report.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for March 2025.
Attachments
Attachment 1 Investment Portfolio Management Summary Report, Mar 2025.
Attachment 2 FY2023-24 Adopted Investment Policy Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
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CITY OF
SAN BERNARDINO
Investment Policy
Fiscal Year 2023-24
ĚŽƉƚĞĚ August 2, 2023
Barbara Whitehorn
Agency Director of Administrative Services
C.Jeannie Fortune
Deputy Director of Finance
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Exhibit A
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I. PURPOSE
To establish guidelines for the prudent investment of public funds in a manner that will protect City funds, meet daily cash flow expenditures, and comply with all federal, state, and local laws and ordinances governing the investment of public funds.
II. POLICY & ADOPTION
t shall be the policy of the City of San Bernardino to annually review and adopt an Investment Policy by resolution of the City Council. This Policy applies to all financial assets and funds held by the City of San Bernardino and the Successor Agency to the San Bernardino Redevelopment Agency. The funds covered by this policy include:
*General Fund
*Special Revenue Funds
*Capital Project Funds
*Proprietary Funds
*Other funds that may be created
Any modifications to the Policy must be approved by the City Council.
III. PROCEDURES
The Director of Finance shall annually review the City’s Investment Policy, and incorporate any changes in state law, recommendations from the City’s Investment Advisor, recommendations from the various national and state organizations of municipal finance officers, or other changes recommended by City staff. The revised Investment Policy shall be presented to the Finance Committee and the City Council for review and approval. (A) Responsibilities
No person may engage in investment activities except as provided under the terms of this Policy and the procedures established by the Director of Finance.
1. Responsibilities of the City Council
The City Council shall annually consider and adopt a written Investment Policy.
As provided in this Policy, the Council shall receive monthly Investment Reports.
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Exhibit A
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2. Responsibilities of the Director of Finance
The Director of Finance is appointed by and serves at the pleasure of the City Manager and is subject to his/her direction and supervision. The Director of Finance is charged with responsibility for the conduct of all Finance Department operations. The City Charter places the “City Treasurer” responsibilities amongst the duties of the Director of Finance. That individual is charged with responsibility for carrying out all investment actions. He/she may delegate the day-to-day investment activities to their designee(s) but not the responsibility for the overall investment program. If authorized by the City Council, the Director of Finance may also utilize the services of an external investment advisor to assist with the investment program.
The Director of Finance, through supporting staff members, is responsible to manage all public funds and securities belonging to or under the control of the City and the Successor Agency, including the deposit and investment of those funds in accordance with principles of sound treasury management and applicable laws and ordinances. Appropriate internal controls designed to ensure that assets of the City are protected from loss, theft, or misuse, including but not limited to separation of duties and multiple approvers for transactions, shall be maintained at all times in order to safeguard the City’s assets.
3. Responsibilities of the City’s Investment Advisor (if applicable) The City may engage in the services of outside professionals for evaluation and advice regarding the City’s investment program. An authorized Investment Advisor may provide investment management services, which may also include facilitating trade executions under the direction of the Director of Finance or designee. Any Investment Advisor shall be registered by the Securities and Exchange Commission and licensed to do business in the State of California. An authorized Investment Advisor shall invest the City’s funds in investments that are in compliance with this policy and provide accurate and timely reports of its investment activities to City staff. The Investment Advisor shall never take possession of the City’s funds or assets.
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Exhibit A
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4. Internal Controls
The Director of Finance is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, fraud or misuse.
The City’s external independent auditing firm shall perform an annual analysis and review of internal controls, account activity and compliance with policies and procedures.
(B) Prudent Investor Rule
The standard of prudence to be used by the Director of Finance shall be the “prudent investor” standard. This shall be applied in the context of managing an overall portfolio.
The “Prudent Investor Rule” provides, pursuant to California Government Code Section 53600.3, that investments shall be made with judgment and care—under circumstances then prevailing—which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The Director of Finance and any designee of the Director of Finance, as investment officers acting in accordance with written procedures and the investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported to the City Council in a timely fashion and appropriate action is taken to control adverse developments.
(C) Ethics and Conflicts of Interest
In addition to state and local statutes relating to conflicts of interest, all persons involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program or impairs their ability to make impartial investment decisions. Employees and investment officers are required to annually file applicable financial disclosures as required for “public officials who manage public investments” by the Fair Political Practices Commission (FPPC) and are subject to California law relative to conflicts of interest.
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Exhibit A
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(D) Level of Investment
The City strives to maintain the level of investment of all investable cash as near to 100 percent as possible through current and projected cash flow management.
The Director of Finance shall maintain a system to monitor and forecast revenues and expenditures so that City funds can be invested to the fullest extent possible while providing sufficient liquidity to meet the City’s reasonably anticipated cash flow requirements. Maturities of investments will be selected to provide necessary liquidity, manage interest rate risk, and optimize earnings. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds. (E) Investment Objectives
The City seeks safety and liquidity in all of its investments followed by yield. Safety, liquidity, and yield are defined as follows:
1. Safety. Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.
2. Liquidity. The investment portfolio shall remain sufficiently liquid to meet operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands.
3. Yield. The investment portfolio shall be designed with the objective of attaining a market rate of return, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above.
(F) Allowable Investments
The investments listed in this Policy are authorized investments pursuant to Sections 53601 and 53635 of the California Government Code and are authorized investments for the City subject, however, to the restrictions set forth in Section “K” of this Investment Policy. In the event that an apparent discrepancy is found between this Policy and the Government Code, the more restrictive parameters will take precedence.
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Exhibit A
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(G) Collateralization
If collateral is required for a particular investment type, it will be provided in compliance with California Government Code requirements. (H) Investment Pools/Mutual Funds
Prior to investing in any pooled investment program (e.g., LAIF, money market funds), the Director of Finance will review the program’s documentation (e.g., investment policy, policies for participation, fees) to determine the appropriateness of the pool for City funds. Whenever the City has funds invested in a pooled investment program, the Director of Finance should periodically review the pool’s investment holdings. The review shall, at a minimum, obtain the following information:
• A description of eligible investment securities, and a written statement of investment policy and objectives.
• A description of interest calculations and how it is distributed, and how gains and losses are treated.
• A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited.
• A description of who may invest in the program, how often, and what size of deposits and withdrawals are allowed.
• A schedule for receiving statements and portfolio listings. • A description of how the pool/fund utilizes reserves, retained earnings, etc.
• A fee schedule, including when and how fees are assessed. • The eligibility of the pool/fund to invest in bond proceeds and special district funds, and a description of its practices
(I) Diversification
The City shall diversify the investments within the portfolio to avoid incurring unreasonable risks inherent in over-investing in specific instruments, individual financial institutions, or maturities. To promote diversification, no more than 5% of the portfolio may be invested in the securities of any one issuer, regardless of security type; excluding U.S. Treasuries, federal agencies, supranationals, and pooled investments such as LAIF, money market funds, or local government investment pools.
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Exhibit A
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(J) Maximum Maturities
For those investment types for which this Policy does not specify a maturity limit, no individual investment shall exceed a maturity of five years from the date of purchase unless the City Council has granted express authority to make that investment either specifically or as a part of an investment program approved by the City Council no less than three months prior to the investment. The weighted average duration of the investment portfolio shall not exceed 3.0 years. (K) Authorized Investments of the City
The following types of investments are authorized by this Policy:
1. U.S. Treasury Instruments. United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There is no limitation as to the percentage of the City’s portfolio that may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.
2. State of California’s Local Agency Investment Fund (LAIF). A State of California-managed investment pool. The maximum amount invested in this category may not exceed the limit set by LAIF for operating accounts.
For 2023 that deposit limit is $75 million.
3. Local Government Investment Pools (“LGIP”). Shares of beneficial interest issued by joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in Government Code (e.g. Cal Trust). The City will limit investments to LGIPs that seek to maintain a stable net asset value. There is no limitation as to the percentage of the City’s portfolio that may be invested in this category.
4. Municipal Bonds. Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.
Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California.
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Exhibit A
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Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency.
Purchases are limited to securities rated in a rating category of “A” (long- term) or “A-1” (short-term) or their equivalents or better by a Nationally Recognized Statistical Rating Organization (NRSRO). A maximum of 30% the City’s portfolio may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.
5. Federal Agency Securities. Federal agency or United States government- sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.
There is no limitation as to the percentage of the City’s portfolio that may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.
6. Negotiable Certificates of Deposit. Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank. Securities in this category shall be limited to the maximum amount covered by federal deposit insurance currently set at $250,000. A maximum of 30% of the City’s portfolio may be invested in this category. The maximum maturity for this investment is five years from the time of purchase.
7. Commercial Paper. Commercial paper of “prime” quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
(1) The entity meets the following criteria: (A) Is organized and operating in the United States as a general corporation; (B) Has total assets in excess of five hundred million dollars
($500,000,000), and (C) Has debt other than commercial paper, if any, that is rated in a rating category of “A” or its equivalent or better by an NRSRO.
(2) The entity meets the following criteria: (A) Is organized within the United States as a special purpose corporation, trust, or limited liability company, (B) Has program-wide credit enhancements
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including, but not limited to, overcollateralization, letters of credit, or a surety bond, and (C) Has commercial paper that is rated “A-1” or better, or the equivalent, by an NRSRO.
Purchases are limited to securities that have a maximum maturity of 270 days. A maximum of 25% the City’s portfolio may be invested in this category with a maximum of 5% per issuer.
8. Corporate or Medium-Term Notes. Corporate or medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Purchases are limited to securities rated in a rating category of “A” or its equivalent or better by an NRSRO. A maximum of 30% the City’s portfolio may be invested in this category with a maximum of 5% per issuer.
9. Money Market Funds (“MMF”). Purchases are restricted to Government Money Market Funds. Furthermore, these Money Market Funds must have met either of the following criteria: (A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs, or (B) Retained an investment advisor with not less than five years’ experience and registered or exempt from registration with the SEC, with assets under management in excess of five hundred million dollars ($500,000,000). A maximum of 20% of the City’s portfolio may be invested in this category.
10. Supranational Obligations. United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States.
Investments under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by a NRSRO. A maximum of 10% the City’s portfolio may be invested in this category with a maximum of 5% per issuer. State law limits the percentage to 30% of the portfolio.
11. Bankers Acceptances. Bankers’ acceptances are short-term debt instruments issued by a company that is guaranteed by a commercial bank.
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Exhibit A
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Bankers Acceptances are limited to institutions with short-term debt obligations of A-1 or higher and have long term debt obligations rated “A” or higher, or the equivalent by a NRSRO. The maturity shall not exceed 180 days and no more than 30 percent of the total portfolio may be invested in banker’s acceptances and no more than 5% per issuer.
City of San Bernardino Authorized Investment Policy Table Investment Type Maximum Term Maximum % of
Portfolio
Maximum per
Issuer
Minimum
Rating
US Treasury
Obligations 5 Years NONE NONE NONE
Local Agency
Investment Fund
(LAIF)
N/A
The City may invest
up to the maximum
amount permitted by
California state law.
N/A NONE
Joint Powers/Local
Government
Investment Pool
N/A NONE N/A NONE
Municipal Debt 5 Years 30% A1, A
Federal Agency
Obligations 5 Years NONE NONE NONE
Certificate of
Deposits
5 Years 30% NONE
Securities in this
category shall be
limited to the
maximum amount
covered by federal
deposit insurance.
Commercial Paper 270 Days 25% 5% A1/P1, A
Medium
Term/Corporate
Notes
5 Years 30% 5% A
Money Market
Mutual Funds N/A 20% NONE AAA
Supranational
Obligations (IBRD,
IFC, IDB)
5 Years 10% 5% M
Banker’s
Acceptances 180 Days 30% 5% A1, A
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Exhibit A
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(L) Prohibited Investments
Furthermore, the City will not invest in inverse floaters, range notes, mortgage- derived, interest-only strips, or any security that could result in zero interest accrual if held to maturity. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will 100% of market value for Certificate of Deposits and 102% for reverse purchase agreements or principal and accrued interest. Collateral will always be held by an independent third party with whom the entity has a current custodial relationship (M) Performance Standards
The investment portfolio shall be managed with the objective of obtaining a market-average rate of return during budgetary and economic cycles, considering the City’s investment risk constraints and the cash flow needs.
Investment return is a consideration only after the core investment portfolio tenets of safety and liquidity have been met. The Director of Finance will adopt a benchmark which best approximates the composition and weighted average maturity of the City’s portfolio. The City will monitor the City’s portfolio yield against the US Treasury Constant Maturity and the performance yield presented by LAIF. However, the benchmark will be used only as a reference tool and does not infer that the portfolio will be managed in an attempt to attain or exceed the stated benchmark. Benchmarks may change over time based on changes in market conditions or cash flow requirements. The selected performance benchmarks shall be representative of the City’s overall investment objectives and liquidity requirements.
(N) Investment Reporting
The Director of Finance shall submit to the City Council, on a monthly basis, a report summarizing the individual transactions executed within the month. The Director of Finance shall submit to the City Council on a quarterly basis a report summarizing the status of the current investment portfolio and the individual transactions executed over the last quarter. The report shall be prepared in a manner which shall allow the City Council to ascertain whether investment activities during the reporting period have conformed to the Investment Policy.
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Exhibit A
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The report will include the following elements:
• Type of investment
• Institution/Issuer
• Purchase Date
• Date of maturity
• Amount of deposit or cost of the investment
• Face value of the investment
• Current market value of securities and source of valuation • Rate of interest
• Interest earnings
• Statement relating the report to its compliance with the Statement of Investment Policy or the manner in which the portfolio is not in compliance • Statement on availability of funds to meet the next six month’s obligations • Percentage of Portfolio by Investment Type
• Days to Maturity for all Investments
• Comparative report on Monthly Investment Balances & Interest Yields • Monthly transactions
(O) Portfolio Review
The Director of Finance shall continually monitor portfolio performance to ensure that the securities in the portfolio are in compliance with this Policy. The Director of Finance shall report any issues of material non-compliance in the next monthly Investment Report. Percentage holding limits and diversification requirements listed in this Policy apply at the time a security is purchased. If a percentage holding limit or diversification requirement is exceeded due to a subsequent change in the portfolio, it is not a compliance violation, but no additional securities may be purchased in that category or for that issuer until the holdings are back under the Policy limits. Credit ratings, where shown, specify the minimum credit rating category required at purchase. In the event a security held by the City is subject to a credit rating change that brings it below the minimum credit ratings specified in this Policy, the Director of Finance will notify the City Council of the change in the next monthly Investment Report. The course of action to be followed will then be decided on a case-by-case basis, considering such factors as the reason for the change, prognosis for recovery or further rating downgrades, and the market price of the security. If a security is determined to be out of compliance with this Policy due to a subsequent change in this Policy or the Government Code, it may be held to maturity unless there is a requirement that the security be sold.
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Exhibit A
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(P) Debt Proceeds
Debt proceeds and bond reserve funds are to be invested in accordance with their respective bond indenture. If the indenture is silent as to the permitted investments, the bond proceeds will be invested in the securities permitted by this Policy. Notwithstanding the other provisions of this Policy, the percentage limitations listed elsewhere in this Policy do not apply to bond proceeds and bond proceeds may be invested beyond five years if the maturities of such investments do not exceed the expected use of the funds, the investments are deemed prudent in the opinion of the Director of Finance, and the investments are not prohibited by the applicable bond documents. Tax and Revenue Anticipation Notes or other temporary financing proceeds shall not be invested for a term that exceeds the term of the debt.
(Q) Safekeeping
To protect against potential losses by collapse of individual securities dealers, all deliverable securities owned by the City, including collateral on repurchase agreements, shall be held in safekeeping by a third party bank trust department acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All deliverable securities will be received and delivered using standard delivery-versus-payment procedures.
(R) Qualified Financial Institutions and Broker/Dealers The Director of Finance shall maintain a list of approved financial institutions authorized to provide investment related services to the City. In addition, the City shall maintain a list of approved security broker/dealers selected by conducting a process of due diligence. These may include ‘primary’ dealers or regional dealers that qualify under Securities and Exchange Commission (“SEC”) Rule 15C3-1 (uniform net capital rule). A copy of this Investment Policy shall be sent annually to all firms with which the City executes investments.
Additionally, all financial institutions and broker/dealers who desire to become qualified bidders of investment transactions must provide the Director of Finance with the following:
• Audited Financial Statements
• Proof of State Registration
• Copy of most recently filed Financial Industry Regulated Authority (FINRA) documentation
• Certification of having read the Investment Policy and depository contracts of the City of San Bernardino
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Exhibit A
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The Director of Finance will review the existing list of either qualified broker/dealers or qualified bidders for investment transactions on an annual basis. At the discretion of the Director of Finance, and with the due diligence noted above, add or delete either broker/dealers or qualified bidders. (S) Continuing Education and Training
To ensure the highest level of professional standards for the execution of the investment program, investment staff responsible for the day-to-day management of the portfolio are encouraged to engage in continuing education in the areas of cash and investment management.
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Exhibit A
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GLOSSARY
AGENCIES: Federal agency securities.
BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company.
The accepting institution guarantees payment of the bill, as well as the issuer. The drafts are drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. An acceptance is a high grade negotiable instrument.
BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments.
BROKER: A broker brings buyers and sellers together for a commission. He/she does not take a position.
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate.
Large-denomination CD’s are typically negotiable.
COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.
COMMERCIAL PAPER: Short term unsecured promissory note issued by a corporation (including limited liability companies) to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank of America, etc.
COUPON: a) The annual rate of interest that a bond’s issuer promises to pay the bondholder on the bond’s face value. b) A certificate attached to a bond evidencing interest due on a payment date.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions; buying and selling for his/her own account.
DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an
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Exhibit A
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exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.
DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions (e.g. S&L’s, Small business firms, students, farmers, farm cooperatives, and exporters).
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency that insures bank deposits, currently up to $250,000 per deposit.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and a reasonable size can be done at those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment.
MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.
MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.
MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptances, etc.) are issued and traded.
NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATION (“NRSRO”): Firms that review and assess the creditworthiness of an obligor as an entity or with respect to specific securities or money market instruments and express their opinion in the form of a letter rating. A credit rating agency may apply to the SEC for registration as a nationally recognized statistical rating organization (“NRSRO”). The primary rating agencies are Standard & Poor’s Corporation, Moody’s Investor Services, Inc. and Fitch, Inc.
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Exhibit A
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NEGOTIABLE CERTIFICATES OF DEPOSIT: Generally, short-term debt instrument that usually pays interest and is issued by a bank, savings or federal association, state or federal credit union, or state-licensed branch of a foreign bank. Negotiable CDs are traded in a·secondary market and are payable upon order to the bearer or initial depositor (investor). Negotiable CDs are insured by FDIC up to $250,000, but they are not collateralized beyond that amount.
NON-NEGOTIABLE CERTIFICATES OF DEPOSIT: CDs that carry a penalty if redeemed prior to maturity. Non-negotiable CDs issued by banks and savings and loans are insured by the Federal Deposit Insurance Corporation up to the amount of $250,000, including principal and interest.
Amounts deposited above this amount may be secured with other forms of collateral through an agreement between the investor and the issuer. Collateral may include other securities including Treasuries or agency securities such as those issued by the Federal National Mortgage Association.
PORTFOLIO: Collection of securities held by an investor.
PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker/dealers, banks and a few unregulated firms.
PRUDENT PERSON RULE: An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state—the so-called “legal list”. In other states, the trustee may invest in a security if it is one that would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity; on a bond, the current income return.
SAFEKEEPING: The service provided by banks and trust companies for clients when the bank or trust company stores the securities, takes in coupon payments, and redeems issues at maturity.
SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation.
SEC RULE 150-1: See “Uniform Net Capital Rule”.
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Exhibit A
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SUPRANATIONAL SECURITIES: United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development (IBRD), International Finance Corporation (IFC), or Inter- American Development Bank (IDB), with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated “AA” or better by an NRSRO and shall not exceed 10 percent of the agency’s moneys that may be invested pursuant to this section.
TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.
TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10 years.
TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial maturities of from one year to ten years.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.
YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 18, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
C. Jeannie Fortune, Interim Director of Finance and Management Services
Department: Finance and Management Services
Subject: Authority to Execute a No-Cost Site Host Agreement Between the City of San Bernardino and EV Charging
Solutions for Electric Vehicle Charging Stations (Ward 1) Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to negotiate and execute the site host agreement, and any subsequent amendments, subject to the review and approval by the City Attorney as to form.
Executive Summary
This staff report is a request to enter into a no-cost Site Host Agreement with EV Chargin Solutions, Inc. (EVCS) for the installation and operation of Level 2 and Direct Current Fast Charging (DCFC) stations at a selected city-owned facility with potential to increase sites city-wide.
Background
California continues actively promoting the adoption of electric vehicles (EVs) through various initiatives, including policy mandates, funding for charging infrastructure, and incentives for EV purchases. The state aims to transition to 100% zero-emission vehicles by 2035. With the increase of EV drivers reaching all communities, the need to build publicly accessible EV charging infrastructure is evident.
The City of San Bernardino would benefit greatly from greener transportation options as one of the largest geographic areas in the state that consists almost entirely of census tracts designated as disadvantaged in the Climate and Economic Justice Screening Tool. EVs are an important consideration for transitioning the transportation system that results in lower greenhouse gas emissions. To support the transition to
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EVs, having infrastructure in place is crucial.
There are several different types of EV charging equipment, depending on the EV batteries and charging range. All electric vehicles, including plug-in hybrids, can charge on level 1 and level 2 stations but some cannot charge on DC Fast Charging (DCFC) stations, as illustrated in the chart below:
Charger Type Plug-In Electric
Hybrids (PHEV)
Time to Full Charge
Battery Electric
Vehicles (BEV)
Time to Full Charge
Miles per hour of
charge
AC Level 1 3 Hours 8-37 Hours 3.5 to 6.5
AC Level 2 1.5 Hours 3-6 Hours 14 to 35
DC Fast Charger N/A 15-30 Minutes 100 to 250 (.5
hour)
Charging availability throughout the City would alleviate what is known as “Range Anxiety” a term used to describe the fear of being stranded on the side of the road with no nearby accessible chargers. This public perception is a barrier to EV adoption but can be easily addressed through EV public charging infrastructure. Building a strong accessible EV network will provide user confidence and increase EV ownership.
Discussion
Staff in the Grants Division in coordination with Public Works have explored various grant funding opportunities for the development of EV charging infrastructure throughout the City. In this process, Staff learned of the collaborative work between Green Paradigm and Making Hope Happen Foundation/Uplift San Bernardino, where local high school students were provided hands-on opportunities in the growing field of electric vehicle technology. Professionals from EVCS were accessible to the program as experts in the field. Through this program, students also visited a few city sites where along with a professional electrician were able to assess EV charging infrastructure. These efforts led to discussions between City staff and representatives from EVCS to explore possibilities to develop EV charging stations throughout the City.
EVCS approached staff to collaborate on grant-funded projects to build public EV charging infrastructure throughout the City of San Bernardino. EVCS receives the funding, conducts the construction, installation, operation and maintenance of the charging stations, including utility costs.
Recently, EVCS in coordination with City staff, received a grant award from Southern California Edison (SCE) through the DCFC Charging Program for the installation of publicly accessible DCFC charging stations. Through this program, SCE will perform all the work necessary on the utility-side of the meter infrastructure. Once the chargers are installed by EVCS, SCE will provide them with a rebate for the installation of the charges. To access the grant-funds the City (Site Host) would have to allow EVCS access to the site for a 10-year period at Feldheym Library.
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Staff recommend the authorization to enter into a no-cost Site Host Agreement with EVCS to install 4 DCFC charging stations at Feldheym Library. This agreement is inclusive of a revenue sharing model, where the City would receive revenue from charging usage paid by the consumer. Entering into this Site Host Agreement would allow opportunities to expand to additional city sites with Feldheym as the pilot for this project.
2021-2025 Strategic Targets and Goals
Investments in the community leveraging partnerships and grant funds support Key Strategic Goal 2. Focused, Aligned Leadership and Unified Community, b. Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness; and Goal 3. Improved Quality of Life by improving air quality and expanded mobility options.
Fiscal Impact
There is no fiscal impact to the General Fund. Funding for the scope of work in the agreement with EVCS would come from Southern California Edison rebates and other grant funding sources, and payments for EV charging service.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize 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.
Attachments
Attachment 1 Charging Station Site License Agreement
Attachment 2 Site Host Agreement
Ward:
Ward 1
Synopsis of Previous Council Actions:
No previous actions.
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CHARGING STATION SITE LICENSE AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
EV CHARGING SOLUTIONS, INCORPORATED
This Charging Station Site License Agreement (“Agreement”) is made and entered into as of [______], 2025 (“Effective Date”), 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, California 92401)(“Licensor”) and EV Charging Solutions, Incorporated (a California for benefit corporation with its principal place of business at 11800 Clark Street, Arcadia, California 91006) (“Licensee”). Licensor and Licensee are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties”.
RECITALS
A. Licensee has access to public and/or private funding to install and operate Level II Charging and/or Direct Current Fast Charging stations (“Charging Station”) used for charging and/or recharging an electric vehicle ("EV"), and this funding is intended to improve the availability and reliability of EV charging systems; and B. Licensor is the owner of the property commonly known as Norman F.
Feldheym Public Library located at 555 West 6th Street, San Bernardino, California 92410 (“Property”); and
C. Licensor desires to allow the construction, operation, and/or maintenance of the Charging Station on its Property; and
D. The Parties wish to share the revenue realized from the sale of electricity stemming from the utilization of the Charging Station; and E. The Parties desire to enter into this Agreement to memorialize the contractual relationship pertaining to Licensor’s license to Licensee.
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. Licensee shall provide the Licensor with the services described in the Licensee’s “Site Host Agreement” as set forth in Exhibit A, attached hereto and incorporated herein by reference. In the event of any inconsistency between the terms of the Exhibit A and this Agreement, the terms of this Agreement shall govern.
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3. Professional Practices. All professional services to be provided by Licensee pursuant to this Agreement shall be provided in accordance with Exhibit A. Licensee warrants that Licensee is familiar with all laws that may affect its performance of this Agreement, and shall advise Licensor of any changes in any laws that may affect Licensee’s performance of this Agreement. Licensee further represents that no Licensor employee will provide any services under this Agreement.
4. License Premises. The Licensor hereby licenses to Licensee access to the Property as described in Exhibit B (Project Site Info) of Exhibit A (“License Premises”).
Access to and upon the Licensed Space and Property shall be done in such a manner as to allow the Licensor continued reasonable rights of ingress and egress.
5. Fee. Licensee hereby agrees to pay Licensor a license fee equal to [______] dollars [$______] per month per existing parking space that will be replaced by the EV charging parking spaces, starting on the Commencement Date (as defined below) and continuing until the Expiration Date (as defined below) as consideration for the Agreement herein. On each anniversary of the Commencement Date (including during the extension Term, if any), the license fee shall increase by [____] percent ([__]%).
6. Revenue Sharing. The Parties will share the revenue generated by customers using the Charging Stations in accordance with Section 4 (Revenue Sharing) to Exhibit A.
7. Term. The term of this Agreement (“Term”) shall commence on the Effective Date and end on the date that is ten (10) years from the Commencement Date as extended from time to time (“Expiration Date”).
a. Commencement. The “Commencement Date” shall mean the date on which the Charging Station is first operational.
b. Option to Extend. Licensee shall have the option to renew this Agreement upon providing Licensor with not less than ninety (90) days prior written notice of its intent to extend. In the event Licensee extends this Agreement, this Agreement shall continue based upon the identical terms and conditions hereof. c. This Agreement covers only the License Premises and the areas contiguous thereto that are reasonably necessary to provide access to and from the License Premises and the Charging Station for the purpose of the construction, installation, maintenance, repair, and operation of the Charging Station by Licensee (together with any ancillary uses permitted herein, all in accordance with this Agreement).
8. Charging Station
a. Installation. Upon execution of this Agreement, Licensor shall deliver possession of the License Premises to Licensee; and Licensee shall (at its sole cost and expense) construct the Charging Station as set forth in Exhibit A (Electric Vehicle Charging Station Equipment Specifications) of Exhibit A.
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b. Construction. Licensee is solely responsible for supervising the construction and installation of the Charging Station; and shall have control over construction, scheduling, and installation means, methods, techniques, sequences, and procedures (including the coordination of all work). Before commencing installation of the Charging Station at the License Premises, Licensee shall give a copy of the anticipated construction schedule and installation plans to Licensor for its approval (which approval shall not be unreasonably withheld, conditioned, or delayed). No work will begin until plans have been approved by Licensor and all applicable permits and certifications have been obtained. Once approved and after Licensee has provided Licensor with all necessary insurance certificates required by this Agreement, Licensee will (at its sole cost and expense) oversee and manage the installation of the Charging Station (including the hiring and coordination of all vendors and contractors; the installation of electrical equipment, utility lines, hardware, and software; site preparation, trenching, repaving, and landscaping; and installation of all Licensee branded signage). Licensor shall allow Licensee and Licensee’s agents to stage equipment in reasonable proximity to the License Premises to facilitate Licensee’s construction at the Property; provided such staging shall not unreasonably interfere with Licensor’s use of the Property. With Licensor’s prior written consent (which consent will not be unreasonably withheld, conditioned, or delayed), Licensee shall be permitted to reconfigure the existing parking spaces to meet the needs of Licensee and Licensee’s end users. For the avoidance of doubt, reconfiguring of parking spaces shall include (among other things) the right to reduce the number of striped parking spaces (if necessary) to promote the efficient and legal use of the EV charging parking spaces.
c. Permits. Licensee will (at its sole cost and expense) obtain from applicable governmental authorities all licenses, permits, or other approvals required to install the Charging Station, and Licensor will reasonably cooperate (at no cost to Licensor) upon request with Licensee’s efforts to do so. Licensor shall provide such other reasonable assistance (at no cost to Licensor) to Licensee where needed including without limitation creating any necessary easement agreements with any utility provider where necessary as determined by Licensee in its reasonable discretion. Licensor will provide staffing support to meet with Licensee at the License Premises as reasonably needed; and cooperate generally (at no cost to Licensor) with Licensee during the planning, permitting, and construction of the Charging Station. d. No Liens. Licensee will not permit or suffer any mechanic’s or materialmen’s or construction liens to attach to the License Premises as a result of the installation of the Charging Station. If such a lien attaches to the License Premises, Licensee shall remove or bond over such lien at Licensee’s sole cost and expense (with any such bond being in a form acceptable to Licensor) within twenty (20) days of the earlier of Licensee receiving written notice thereof from Licensor or Licensee receiving actual notice of such lien.
e. Ownership by Licensee. Licensee shall either own or have a valid leasehold interest in the Charging Station; and as between Licensor and Licensee, the Charging Station shall remain the sole property of the Licensee at all times, and Licensee
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shall have the right to remove all or a portion of the Charging Station at any time during the term of this Agreement (whether or not the Charging Station is considered a fixture and attached to the License Premises under applicable laws). f. Charging Station Definition. “Charging Station” for purposes of this Agreement shall mean all electrical and mechanical equipment, hardware, and software installed by Licensee; electrical wiring and/or cabling; equipment infrastructure; Licensee’s signage; and all supporting equipment including without limitation concrete pads, protective bollards, and (if elected to be constructed by Licensee) a canopy covering the Premises.
g. Additional Services.
With Licensor’s prior written consent (which
consent will not be unreasonably withheld, conditioned, or delayed), Licensee may provide at the License Premises other ancillary or additional services to the Charging Station as Licensee may elect to offer its customers from time to time during the Term.
Additionally, Licensee (and its employees and vendors) may perform security assessments and install (or add additional) reasonable security features at the License Premises including without limitation lighting and cameras with Licensor’s prior written consent (which consent will not be unreasonably withheld, conditioned, or delayed). h. Right to Tow. Licensee retains the right to remove any vehicle from the License Premises at any time and for any reason at Licensee’s sole cost, subject to compliance with applicable law.
9. Operation and Maintenance. Except as otherwise provided in this Agreement, Licensee will (at its sole cost and expense) maintain and operate the Charging Station (including making all necessary maintenance, repairs, and replacements). Licensor shall use commercially reasonable efforts to notify Licensee by email sent to (which email is to be sent to [______] or such other email address as provided in writing by Licensee) within two (2) business days of Licensor becoming aware of any maintenance matters which Licensee is obligated to remedy under this section.
Licensee shall promptly, but in any event within two (2) business days, notify Licensor by reply email of Licensee’s actions to be taken to address such maintenance matters.
10. Access. Licensee’s customers shall have free, unrestricted access to the License Premises twenty-four (24) hours per day, seven (7) days per week, and three hundred sixty-five (365) days per year (excluding any restrictions as may be reasonably needed to maintain or repair the Property or maintain public safety, and subject to force majeure); provided that Licensor shall use commercially reasonable efforts to provide not less than forty-eight (48) hours of notice to Licensee in the event access to the License Premises will be restricted due to scheduled maintenance or repair of the Property by Licensor. Licensee (and its employees and vendors) may (at any time during the Term) access the License Premises to maintain, inspect, repair, or replace any portion of the Charging Station pursuant to its obligations under this Agreement.
11. Right to Relocate. Should Licensor desire to relocate Licensee on the Property, Licensor may do so as provided in this section. At Licensor’s sole cost and expense reimbursable to Licensee, Licensor may require Licensee to relocate to other premises (“New Premises”) within the Property; provided however, Licensor shall have
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no right to relocate Licensee for the purpose of leasing or licensing the License Premises to a tenant that will operate the License Premises as an EV charging station or so that Licensor may operate an EV charging station on the Premises. The New Premises will be reasonably comparable in location, proximity to the main entrance to the facility, size, visibility, and layout to the License Premises at Licensor’s sole cost and expense as the License Premises as of the date of Licensor’s Notice (hereinafter defined). Licensor will reimburse Licensee all reasonable costs Licensee incurs to move Licensee’s fixtures and equipment to the New Premises, as well as costs incurred to secure new power at the New Premises. In the event Licensor elects to exercise the right of relocation, Licensor shall deliver written notice to Licensee identifying the location of the proposed New Premises at least one hundred twenty (120) days prior to the date that Licensee is required to relocate to the New Premises (“Licensor’s Notice”). Licensee shall have no obligation to vacate the License Premises until the New Premises is commissioned and fully operational.
12. Signage. Licensee may paint, place, erect, or construct signage as set forth in the sign plan attached hereto as Exhibit B [Need Sign Plan](attached hereto and incorporated herein by reference). In the event Licensee desires to install signage materially different from the signage set forth in Exhibit E, Licensee shall obtain Licensor’s prior written consent (which shall not be unreasonably withheld, conditioned, or delayed).
Licensee shall be responsible at its own cost and expense to obtain any and all permits necessary for the installation of its signs. All signage shall be in accordance with all laws, rules, and ordinances.
13. Licensor Obligations regarding Property/Premises. Licensor shall (at its sole cost and expense) take all actions necessary to maintain the License Premises (excluding the Charging Station) in a clean, safe, and orderly condition (to at least the same standard as it customarily maintains the common areas at the Property including without limitation parking lot sweeping; parking lot snow and ice removal; parking lot repaving and restriping; and maintenance and repair of curbs, gutters, and landscaping features at the Property). Licensor shall also be responsible (at its sole cost and expense) for the Property continuously being in compliance with all state and local parking laws, ordinances, requirements, and rules (including but not limited to those relating to parking density should same be impacted by the installation of EV parking spaces as contemplated herein). Licensor shall be liable for any damage caused to the License Premises (including each Charging Station) which may be caused, directly or indirectly, by Licensor (its employees, agents, contractors, or representatives). To the extent Licensor has actual knowledge of vandalism, Licensor shall promptly notify Licensee. For the avoidance of doubt, Licensor shall be under no obligation to maintain the Charging Station, signage, or any other equipment installed by Licensee within the Premises.
However, if Licensor restripes the parking lot (inclusive of the License Premises), Licensor shall restripe the License Premises in a manner identical to Licensee’s striping scheme in effect immediately prior to the restriping. Licensee shall use commercially reasonable efforts to notify Licensor by email (which email is to be sent to [_______] or such other email address as provided in writing by Licensor) within two (2) business days of Licensee becoming aware of any maintenance matters which Licensor is obligated to remedy under
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this section. Licensor shall promptly, but in any event within two (2) business days, notify Licensee by reply email of Licensor’s actions to be taken to address such maintenance matters.
14. Utility Availability. Licensee shall be responsible for all electricity costs of the Charging Station. Licensee shall (at its sole expense) ensure that the Charging Station contains separately-metered electricity with Licensee as the customer of record for such meter. Licensee may charge its end users for electrical usage if market conditions permit. Licensor shall cooperate (at no cost to Licensor) with Licensee to obtain electricity and any other utilities necessary to operate the Charging Station (including by granting appropriate easements to local utility providers; provided however, that Licensor is not required to pay money to satisfy the requirements of the utility provider or Licensee associated with the provision of such utilities). Neither Party has any responsibility or liability for interruption, curtailment, failure, or defect in the supply or character of utilities furnished to facilities or equipment located at the License Premises; unless the cause of the interruption is covered by such Party’s indemnity provided for in this Agreement.
15. Taxes. Licensee is solely responsible for personal property taxes imposed on the Charging Station, and any other equipment installed by it at the Premises. All other real or personal property taxes related to the License Premises (including any increase in real estate taxes on the Property of which the License Premises is a part which arise from Licensee’s improvements and/or Licensee’s use of the License Premises) are the sole obligation of Licensor.
16. Ownership of Drawings and Other Documents. All documents prepared by or under the direction of Licensee pursuant to this Agreement (including without limitation drawings, plans, and specifications (including those in electronic format)) are solely and exclusively owned by Licensee; and Licensee retains all common law, statutory, and other reserved rights (including the copyright). The Parties agree between them that the Licensee has and retains ownership of all of such Licensee’s Intellectual Property rights therein; and Licensor has no right, and shall not obtain any right, in any Licensee Intellectual Property.
a. “Intellectual Property” means all copyrights, patents, trademarks and service marks, names, logos, designs, domain names, charger station equipment names, all registrations for copyrights, patents, trademarks and service marks/names, domain names, trade secrets, and know-how; and all unique concepts, information, data, and knowledge that is eligible for legal protection under applicable laws as intellectual property (whether protected through confidentiality, registration, or pending registration regardless of form; whether disclosed in writing, electronically, orally, or through visual means; whether learned or obtained orally, through observation, through the discharge of responsibilities under this Agreement, or through analysis of that information, data, or knowledge).
17. Confidentiality/Publicity. The Parties agree that the terms of this Agreement are confidential; and both Parties agree not to disclose such confidential information to any person or entity other than: (a) accounting, legal, tax, and construction consultants
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that have a “need to know” such confidential information; and (b) as required by law.
Neither Party will use the other Party’s name, trademark, or logo without such other Party’s prior written consent. If mutually agreed in writing, the Parties may make general press releases, statements, and hold press conferences (both through traditional and electronic media including websites created by Licensee or other third parties) regarding the existence of the Charging Station and the status of the activities contemplated by this Agreement; provided that all such press releases, statements, and press conferences shall be approved in advance by the Parties. Nothing herein shall be deemed to require Licensor’s consent to Licensee’s disclosure of the location of the Charging Station to the general public in any manner (including via an application to permit EV owners, users, and lessees to locate places to charge their vehicles. Licensor shall disclose the location of the Charging Station to the general public as part of a standard Property site map and/or directory.
18. Parties’ Representations and Warranties. Each Party hereby represents and warrants to the other as of the Effective Date that: (a) it has all necessary power and authority to execute, deliver, and perform its obligations hereunder; (b) the execution, delivery, and performance of this Agreement have been duly authorized by all necessary action and do not violate any of the terms or conditions of its governing documents; any contract to which it is a party; or any law, rule, regulation, order, judgment, or other legal or regulatory determination applicable to it; (c) there is no pending or, to its knowledge, threatened litigation or administrative proceeding that may materially adversely affect its ability to perform this Agreement; (d) it is duly organized and validly existing under the laws of the jurisdiction of its organization or incorporation and, if relevant under such laws, in good standing; (e) this Agreement constitutes a legal, valid, and binding obligation of such Party (except as the enforceability of this Agreement may be limited by the effect of any applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws affecting creditors’ rights generally and by general principles of equity); and (f) it will comply with all Federal, state, and local laws, rules, and regulations (including without limitation all zoning ordinances and building codes) at all times during the Term in performing its obligations under this Agreement.
19. Licensor Representations, Warranties and Covenants. Licensor represents that it is the owner of the Property and that this Agreement does not violate any agreement, lease, or other commitment of Licensor. Licensor covenants that, except as otherwise permitted pursuant to this Agreement, it shall not take any action that would interrupt the use of the License Premises or the Charging Station. Licensor further represents, warrants, and covenants that it has obtained or it shall obtain any and all consents or approvals required in order for Licensor to enter into this Agreement and other rights and performance obligations under this Agreement (including but not limited to consent from the Licensor’s first lien holder to this License and any easements required herein, if necessary or required by such lien holder).
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20. Environmental Compliance. Licensor hereby represents, warrants, and covenants that (to Licensor’s knowledge) the Property is in compliance with all environmental laws, rules, and regulations relating to health, safety, and/or environmental conditions on, under, or around the Property (including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act, the Resource Conservation and Recovery Act (and all state and local counterparts thereto, and any regulations or policies promulgated or issued thereunder (“Environmental Laws”)); and that there are no Hazardous Materials on the Property. In the event Licensee discovers Hazardous Materials on the Property and/or the License Premises while preparing for the installation of the Charging Station, the Parties hereby acknowledge that Licensee shall have no liability for such Hazardous Materials; and that Licensee shall have no obligation to remediate the Property such that it is in compliance with Environmental Laws (all of which shall be the responsibility of Licensor). Additionally, in the event Hazardous Materials are found at the Property by Licensee or Licensee determines that the Property is not in compliance with Environmental Laws, Licensee may (at its election) terminate this Agreement immediately and remove the Charging Station and its equipment from the License Premises (at the cost and expense of Licensor); and Licensee shall have no further responsibility pursuant to the terms of this Agreement. The term “Hazardous Materials” means and includes any substance, material, or waste listed or defined as hazardous or toxic; or as a pollutant or contaminant under any Environmental Laws (including asbestos, petroleum products, and crude oil).
21. Licensee Insurance. Licensee shall maintain in full force and effect, at its cost and expense, the following coverages and amounts of insurance during the Term of this Agreement:
a. Full replacement cost property insurance (written on a “special peril” basis) for the Charging Station and all other personal property, machinery, equipment, and trade fixtures owned by Licensee.
b. Statutory Worker’s Compensation Insurance, and Employer’s Liability limits of one million dollars ($1,000,000) per accident/per employee. c. Commercial General Liability Insurance written on an occurrence basis covering bodily injury (including death), personal injury, and property damage with limits of not less than two million dollars ($2,000,000) per occurrence (four million dollars ($4,000,000) aggregate) for bodily injury, personal injury, and property damage (that includes coverage for contractual liability, independent contractors, premises/operations, products/completed operations, and cross liabilities/separation of insureds). Licensee shall consider its own insurance primary, and shall not seek contribution from similar insurance being maintained by the Licensor; but only as to the negligent acts or omissions of Licensee or the Licensee Parties. d. Automobile Liability with a combined single limit of one million dollars ($1,000,000) that includes coverage for owned, non-owned, and hired vehicles.
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e. Excess liability coverage in the amount of five million dollars ($5,000,000) per occurrence for injuries, losses, claims for damages to persons, or property occurring on the License Premises; and resulting from the use of the Charging Station, the occupancy of the License Premises, and/or the negligence of Licensee (and its agents, contractors, employees, or invitees) (which coverage shall sit excess of the scheduled underlying General Liability, Automobile Liability, and Employer’s Liability Insurance policies with exclusions that are no more broad that those contained in the underlying policies).
f. Licensee shall include Licensor as an additional named insured (with respect to Licensee’s Commercial General Liability Insurance, Automobile Liability Insurance, and Excess Liability Insurance) for liability arising out of the ownership, maintenance, or use of the Charging Station or the Premises. g. Licensee shall (upon Licensor’s written request) provide Licensor with a certificate of insurance and endorsement, evidencing the required coverages. With the prior written consent of Licensor (which consent may be granted or withheld in Licensor’s sole discretion), Licensee may “self-insure” all or any portion of the foregoing insurance obligations. Licensee hereby represents to Licensor that, as of the Effective Date, Licensee does not “self-insure” and does not contemplate to “self-insure” in the foreseeable future.
h. Policy Requirements. The insurance policies required under this section shall:
(1) Be issued by insurance companies licensed to do business in the state in which the Property is located, with a general policyholder’s ratings of at least “A-” and a financial rating of at least “Class VIII” in the most current Best’s Insurance Reports available on the Commencement Date; if the Best’s ratings are changed or discontinued, the Parties shall agree to a comparable method of rating insurance companies.
(2) Contain provisions whereby each Party’s insurers waive all rights of subrogation against the other Party on each of the coverages required herein. i. Waiver. Anything in this Agreement to the contrary notwithstanding (to the extent covered by any property insurance maintained or required to be maintained) hereunder, each Party hereby waives every right or cause of action for any and all loss of, or damage to (whether or not such loss or damage is caused by the fault or negligence of the other party or anyone for whom said other party may be responsible) the Property, License Premises, Charging Station, and/or the personal property of either Party (or their respective affiliates, representatives, agents, officers, directors, managers, members, shareholders, partners, contractors, or employees) regardless of cause or origin. These
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waivers and releases shall apply between the Parties, and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation.
22. Casualty and Condemnation
a. Damage. If the License Premises, any portion of the Charging Station, or any portion of the Property that adversely affects the use of the Charging Station is damaged by fire or other casualty, then either Party may (within thirty (30) days of the date of such fire or other casualty) elect to terminate the Agreement on written notice to the other Party. If Licensee elects to repair its property, it shall restore, rebuild, or replace those portions of the Charging Station in the License Premises and any other property damaged as a result of such fire or other casualty to its prior or better condition as necessary. If Licensee elects to terminate the Agreement, it shall remove all of Licensee’s property from the License Premises in accordance with this Agreement. Any repair and restoration required by Licensee under this section shall commence within sixty (60) days of the date Licensee elects to repair and restore the License Premises; and shall be completed no later than one hundred twenty (120) days thereafter if reasonably possible.
b. Condemnation/Taking. If any portion of the License Premises or Property is condemned or taken in any manner for a public or quasi-public use that could adversely affect the use of the Charging Station, then Licensee may elect to terminate this Agreement effective as of the date title to the condemned portion of the Property is transferred to the condemning authority. If Licensee does not elect to terminate, the Parties will use commercially reasonable efforts to find an alternate location for the Charging Station elsewhere on the Property. The costs of the relocation of the Charging Station shall be paid by Licensee. Licensee may file a separate claim to the condemning authority for any relocation award made as a result of such condemnation; provided, however in no event shall such claim reduce the Licensor’s award related to the condemnation or taking.
c. Suspension of Term. During any time that the Charging Station or any portion of the License Premises is under repair or being relocated pursuant to a casualty or condemnation, the Term shall be temporarily suspended on a day-for-day basis.
23. Indemnification. To the fullest extent permitted by law, Licensee shall defend (with counsel reasonably approved by the Licensor), indemnify, and hold the Licensor (its elected and appointed officials, officers, employees, agents, and authorized volunteers) free and harmless from any and all claims (demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind in law or equity to property or persons including wrongful death (“Claims”)) in any manner arising out of, pertaining to, or incident to any alleged acts (errors, omissions, or willful misconduct) of Licensee (its officials, officers, employees, subcontractors, consultants, or agents) in connection with the performance of the Licensee’s services or this Agreement (including without limitation the payment of
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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 Licensor. Licensee's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Licensor (the City Council, members of the City Council, its employees, or authorized volunteers). Licensee’s indemnification obligation
24. Limitation of Licensor and Licensee Liability. In no event shall either Party be liable (in contract or in tort, including negligence and strict liability) to such other Party (or to such other Party’s affiliates or their respective representatives, agents, officers, directors, shareholders, partners, or employees) for any special, indirect, or consequential damages relating to this Agreement. The entire liability of each Party for any and all claims of any kind arising from or relating to this Agreement will be subject in all cases to an affirmative obligation on the part of the other Party to mitigate its damages. No councilmember, officer, or employee of Licensor shall be personally liable to the Licensee in the event of any default or breach by Licensor; or for any amount which may become due to the Licensor pursuant to the terms of this Agreement.
25. Time of Performance. Licensee shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the Licensor to proceed. Licensee shall complete the services required hereunder within Term.
26. Delays in Performance
a. Neither Party shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Licensee’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics, or quarantine restrictions. “Orders of governmental authorities” includes ordinances; emergency proclamations and orders; and rules to protect the public health, welfare, and safety. b. Should a Force Majeure Event occur, the non-performing Party shall (within a reasonable time of being prevented from performing) give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the Licensor may still terminate this Agreement in accordance with the termination provisions of this Agreement.
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27. California Labor Code Requirements. Licensee 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, Licensee agrees to fully comply with such Prevailing Wage Laws if applicable. Licensee shall defend, indemnify, and hold the Licensor (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 Licensee 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).
28. Verification of Employment Eligibility. By executing this Agreement, Licensee verifies that it fully complies with all requirements and restrictions of state and Federal law respecting the employment of undocumented aliens (including but not limited to the Immigration Reform and Control Act of 1986 as may be amended from time to time), and shall require all subconsultants and sub-subconsultants to comply with the same.
29. 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.
30. Termination
a. By Licensee. Licensee shall have the right to terminate this License at any time upon thirty (30) days prior written notice. In connection with any early termination, the Licensee shall comply with the surrender obligations set forth below. b. By Licensor for Cause. This Agreement may be terminated by the Licensor if the Licensee breaches or fails to perform any of its obligations in any material respect, and such breach or failure continues uncured for thirty (30) days after receipt of written notice.
c. By Licensor for Delay in Commencement Date. This Agreement may be terminated by the Licensor if the Commencement Date has not occurred within twenty- four (24) months following the Effective Date.
d. Surrender. Promptly following the expiration or termination of this Agreement, Licensee shall remove the Charging Station from the License Premises and restore the License Premises to its former condition (excluding ordinary wear and tear); provided however that any underground electrical wiring shall be capped off and secured, but not removed. For the avoidance of doubt, Licensee will not remove any equipment
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installed by a utility. All such removal and restoration work shall be completed by Licensee (at its sole expense) within sixty (60) days of the expiration or termination of this Agreement. If Licensee fails to remove Licensee’s property from the License Area within sixty (60) days following the expiration or earlier termination of the License, Licensor may deem all or any part of Licensee’s property to be abandoned; and (at Licensor’s option) title to Licensee’s property shall vest in Licensor or Licensor may (at the expense of Licensee) dispose of Licensee’s property in any manner Licensor deems appropriate. e. No Further Obligations. Upon any termination, both Parties are relieved of any further obligations contained in this Agreement (except for those that by their nature survive or may require performance after termination).
31. 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 Licensor’s Attorney’s Office in enforcing this Agreement on behalf of the Licensor shall be considered as “attorneys’ fees” for the purposes of this Agreement.
32. 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.
33. Limitation of Agreement. This Agreement is limited to and includes only the services included in the Project described above.
34. 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, and addressed to the following addresses) and shall be effective upon receipt thereof:
LICENSOR:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Bill Gallardo
Interim City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
LICENSEE:
EV Charging Solutions
11800 Clark Street
Arcadia, CA 91006
Attn: [_______]
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35. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Parties.
36. Equal Opportunity Employment. Licensee represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include but not be limited to all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
37. Entire Agreement. This Agreement (including the Exhibits) represents the entire understanding of the Parties as to those matters contained herein; and supersedes and cancels any prior or contemporaneous oral or written understanding, promises, or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
38. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance; and the remaining provisions of this Agreement shall remain in full force and effect.
39. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators, and assigns of each Party to this Agreement. However, Licensee 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 Licensor. Any attempted assignment without such consent shall be invalid and void.
40. 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.
41. Time of Essence. Time is of the essence for each and every provision of this Agreement.
42. 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.
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43. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
44. 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.
45. 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.
46. 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
CHARGING STATION SITE LICENSE AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO
AND
EV CHARGING SOLUTIONS, INCORPORATED
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:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
EV CHARGING SOLUTIONS
Signature
Name
Title
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SITE HOST AGREEMENT
This Site Host Agreement (hereafter the “Agreement”) is effective as of (hereafter the “Effective Date”) by and between EV Charging Solutions, Inc., a California for benefit corporation with its principle at 11800 Clark Street, Arcadia, California 91006 (hereafter “EVCS”), and with its principal place of business
located at (hereafter “ Site Host”). EVCS
and Site Host may collectively be referred to herein as the “Parties" or individually as “Party.”
RECITALS
WHEREAS, EVCS has access to public and/or private funding to install and operate Level II Charging and/or Direct Current Fast Charging (“ DCFC”) stations used for charging and/or recharging electric vehicles (hereafter the "Equipment"); and WHEREAS, this funding is intended to improve the availability and reliability of electric vehicle charging systems; and
WHEREAS, Site Host wishes to allow the construction, operation, and/or maintenance of one or more items of Equipment on its real property (hereafter “Property” and/or “Site”) in the location more specifically identified herein and also wishes to allow public use of the Equipment; and WHEREAS, the Parties wish to collaborate by utilizing their respective resources to promote the electric transportation sector; and
WHEREAS, the Parties wish to share the revenue realized from the sale of electricity stemming from the utilization of the Equipment on the Property as more fully described below; and WHEREAS, the Parties desire that this Agreement shall remain in effect, subject to the terms and conditions set forth below, for ten (10) years after the commissioning date (i.e., date when the Equipment is placed in service on the Property);
NOW, THEREFORE, in consideration of the promises set forth herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, EVCS and Site Host agree as follows:
1. Recitals
The Parties agree that the foregoing Recitals are true, correct, and accurate.
2. EVCS’ General Obligations for Equipment and Services EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
EVCS shall provide the following equipment and services at EVCS sole expense:
a) Purchase of the Equipment (consisting of DCFC Stations and Level II Stations) , the general specifications for which are detailed in Exhibit A together with all other mechanical, electrical, and physical components necessary for the installation, connection, and operation of the Equipment in accordance with this Agreement (the Parties agree that the Equipment delivered to the Property shall be the same or similar to the equipment detailed in Exhibit A); b) Preparation of the Property and installation of the Equipment at the location(s) approved, specified and identified by Site Host (the “Project Site”) and performed by qualified and licensed contractor(s) in accordance with local codes, permitting, and inspection requirements, as detailed in Exhibit B. For the purposes of initially creating a rebate application and reserving funding for the Project, EVCS and Site Host may mutually agree to leave Exhibit B blank upon initial execution. Once funding is reserved and further feasibility and recommendations are made by EVCS’ electrical contractor in accordance with Site Host’s written approval, the Parties shall further specify the approved location(s) and Site design by mutual written agreement on Exhibit B;
c) Payment of all costs of its contractors associated with the delivery, site preparation, installation, and setup of the Equipment at the Project Site; d) In EVCS’ sole discretion, design, installation, wiring, connection and integration of the charging system, consumption/use meters, and related equipment into the public power grid in a manner sufficient to allow operation of the charging station(s) and the ongoing metering of power usage from each charging port; e) Ongoing maintenance/repairs of the Equipment for the term of the Agreement; f) All necessary communications, instructions, and network systems to facilitate public use of the Equipment to charge electric vehicles; g) Periodic reports to Site Host on the utilization of the Equipment
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
3. Site Host General Obligations
Site Host shall undertake the following, at Site Host’s sole expense:
a) Provide full, complete and unfettered access to EVCS for the placement, use, and operation of the Equipment at the Project Site for the full term of this Agreement; b) A five thousand dollar ($5,000) refundable deposit (hereafter “Refundable Deposit”) to EVCS is waived.
c) Provides the necessary temporary construction access for EVCS and its contractors for preparation of the Project Site and for installation of the Equipment; d) Provides necessary ongoing utility easements and / or access for installation, usage, and maintenance of power lines, conduits, meters and Equipment; e) Allow full, complete and unfettered ongoing access to the Project Site and Equipment in order for EVCS to collect, use, and distribute data; f) Will not knowingly allow the Equipment to be, and will take all reasonable steps to prevent the Equipment from being opened, accessed, modified, or repaired by anyone other than EVCS or its licensed contractors;
g) Will not sell, alienate, hypothecate, transfer, assign, encumber or otherwise pledge the Equipment;
h) Use best efforts to prevent damage and vandalism of any type to the Equipment; i) Will not, and will not permit or allow any third party to, open, move, modify, reverse engineer, or disassemble the whole or any part of the Equipment or any part thereof in any manner;
j) Will not, and will not permit or allow any third party to, uninstall the Equipment;
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
k) Allow EVCS and its approved contractors full, complete and unfettered access to the Project Site for installation, maintenance, repair, replacement and approved de- installation of the Equipment;
l) Cause the Project Site to be maintained in a clean, safe, and orderly condition, utilizing at least the same standard as to which other areas at the Property that are under the Site Host's control are maintained;
m) Assign to EVCS all right, title and interest in and to all and any rebates that Site Host may receive relating to the Equipment, and/or this Agreement; including, but not limited to, (a) rebates or other payments based in whole or in part on the cost or size of equipment, (b) performance-based incentives paid as periodic payments, (c) tax credits, grants or benefits, and (d) any other attributes, commodities, revenue streams or payments, in each of (a) through (d) under any present or future law, standard or program and whether paid by a utility, private entity or any governmental, regulatory or administrative authority.
n) Assign EVCS all right, title and interests in and to environmental credits (e.g., carbon credits) relating to the Equipment, and/or this Agreement; including, but limited to electric vehicle charging or renewable energy credits or certificates, carbon credits and any similar environmental or pollution allowances, credits or reporting rights.
o) Assign EVCS all right, title and interest in and to the enrollment of the Equipment into a demand response program and any and all economic benefit arising from such an enrollment. If demand response program benefits credits the Site Host utility bill, the utility bill credit will be used to offset cost of electricity described in paragraph 4 and subchapter d (4.d.) and demand charges described in paragraph 4 and subchapter e (4.e.) and if the demand response credits are in excess of demand charges and cost of electricity, EVCS can request Site Host for reimbursement of such excess. The Site Host agrees to issue such a reimbursement within thirty (30) days of request by EVCS.
p) Promptly execute the Easement Agreement, a form of which is attached hereto as Exhibit E, upon the request of EVCS or the applicable utility service provider. If the Site Host fails or refuses promptly to execute and return such Easement Agreement, whether due to Site Host’s incapacity or any other cause, Site Host hereby irrevocably designates and appoints EVCS, and its duly authorized officers and agents, as Site Host’s agents and attorneys-in-fact to execute and deliver such document and do all other lawfully permitted acts to further the easement rights described therein with the same force and effect as if executed by Site Host. Site Host agrees that this appointment of EVCS as agent and holder of this limited
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
power of attorney is durable and coupled with and interest. In the event that such Easement Agreement is not executed by Site Host as described above, and if such failure or refusal to execute such agreement blocks or precludes the completion of installation of the Equipment on the Project Site despite EVCS’ exercise or attempted exercise of its rights as Site Host’s agent and holder of Site Host’s power of attorney, Site Host agrees that, in addition to all other rights and remedies available to EVCS hereunder, Site Host shall reimburse EVCS for all costs incurred by EVCS in connection with the preparation of the Project Site and/or the incomplete installation of the Equipment.
q) Shall fully cooperate and promptly communicate with EVCS during the entire time period required by EVCS to complete the preparation of the Project Site and the installation of the Equipment. Site Host understands and acknowledges that EVCS will expend a significant amount of time, resources and effort to assess the Project Site, secure funding for the installation of the Equipment, and initiate engineering and design for the Equipment. Site Host further understands and acknowledges that the timeframe for completion of the Equipment installation is in part dependent on third parties, such as utility providers, rebate and permitting authorities and grant organizations, and thus the amount of time it takes to complete installation of the Equipment at the Project Site is often outside of EVCS’ control. Thus, Site Host agrees that its cooperation as described above is of the essence of this Agreement, and the breach of these provisions shall be a material breach that shall cause substantial harm to EVCS.
r) Provide EVCS with prompt notified of the sale or transfer of the Project Site, which notice shall include current contact information of the buyer or transferee.
4. Revenue Sharing
The Parties agree that:
a) The Equipment installed by EVCS is intended to generate revenue through the patronage of customers utilizing the Equipment placed with the Site Host. b) EVCS shall, in its discretion, determine the price/rate at which electricity shall be sold to consumers utilizing the Equipment.
c) EVCS will collect the proceeds generated from the sale of electricity from the Equipment placed with the Site Host and pay Site Host $0.05 (five cents) for each kWh of electricity sold to customers utilizing the DCFC Equipment and $0.03 (three cents) for each kWh of electricity sold to customers utilizing Level II Equipment, plus 100% of the cost of electricity utilized by the Equipment; in the event the Site Host is responsible to pay for the cost of such electricity usage. Site Host may, in Site Host’s discretion, offer certain customers free or discounted charging rates, provided,
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
however, that EVCS will offset any revenue share amounts owed to Site Host by an amount proportionate to the reduction in revenue caused by such discounts. In the event there is a balance owed from Site Host to EVCS as a result of such discounts, Site Host shall remit payment to settle said balance within ninety (90) days of receipt of a request for payment from EVCS.
d) In the event Site Host incurs any utility provider assessed incremental demand chargers strictly in connection with the operation of the installed Equipment, Site Host shall present these charges, including any support and back-up documentation that substantiates the charges to EVCS, and EVCS shall reimburse Site Host for these substantiated charges within ninety (90) days of receipt of a request for payment from EVCS.
e) EVCS at its sole option will have the right to own the electricity service meter and/or utility service account servicing the Equipment.
f) EVCS will use commercially reasonable efforts to install a separate electric meter as allowed by the utility provider at the Property through which electrical costs shall be tracked. In the event EVCS deems installing a separate meter is impractical or uneconomical for any reason, the Equipment shall be connected to Site Host’s existing electrical meter. In order to allow EVCS to perform the necessary revenue sharing calculations, and reimburse any electrical costs, Site Host will provide EVCS with a hard copy or electronic/digital copy of Site Host's electricity bills or will allow EVCS to view the bills electronically on an on-going basis. In the event EVCS is unable to obtain copies of the electricity bills, or copies are not provided by the Site Host, then EVCS, in its sole discretion, may either (i) withhold payment until the electricity bills are provided, or (ii) calculate the amount of reimbursement for electricity using information available to EVCS from the administrative panel (i.e., which indicates the amount of electricity that was dispensed by the charger(s)) and then assign, in its sole discretion, a per kWh value that will be multiplied by the amount of electricity dispensed by the charger(s). If EVCS chooses the above second option, then (a) once such calculation is made EVCS shall issue reimbursement for electricity based thereon, and (b) if the Site Host thereafter provides copies of appropriate electricity bills to EVCS, then EVCS will true up the calculation and issue payment for any resulting shortfall for the prior 12 months of activity from the date of electricity bills being submitted to EVCS.
g) EVCS will have forty-five (45) days after the end of each calendar quarter, to remit the appropriate revenue share payment to Site Host. The billing cycle will begin on the first day of the quarter and end on the last day of that same calendar quarter. EVCS shall provide Site Host with a quarterly accounting statement within forty-five (45) days following the end of the previous quarter indicating the total amount of revenue
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
generated, including any offsets or reductions to revenue, and the resulting net revenue share amount owed to Site Host.
h) Notwithstanding anything to the contrary in this Section 4, if the total quarterly amount owed to Site Host is less than one hundred dollars ($100), then EVCS may, in its sole discretion, choose to withhold payment payout to the Site Host until at least one hundred dollars ($100) is due to Site Host.
i) See Exhibit D for Site Host ACH payment information. If such information is provided, EVCS shall make all required payments via ACH direct deposit, until further notice from Site Host.
5. Term of Agreement:
The term hereof shall begin upon the Effective Date. The date the Equipment becomes operational will hereafter be referred to as the "Commencement Date." The term hereof shall expire (unless renewed or extended) ten (10) years from the Commencement Date (hereafter the "Termination Date”), unless sooner terminated in accordance with the provisions hereof.
a) Optional Ten (10) Year Extension Option
At least ninety (90) days but no earlier than one hundred & eighty (180) days prior to the expiration of the initial Term, the Site Host EVCS reserves the right to provide written notice of Ten-Year Extension to Site HostEVCS. In the event of said Ten-Year Extension, EVCS reserves the right to replace the Equipment at the Project Site with Equipment that is comparable or better to Equipment that was previously installed. If the EVCS Site Host notifies the Site HostEVCS of such intent EVCS will then replace the Equipment no later than one hundred & twenty (120) days after the Termination Date. The terms of this Agreement will remain in effect during that 120-day period after the Termination Date. Site Host will take all reasonable steps to allow EVCS to remove the pre-existing Equipment and replace the pre-existing Equipment with new Equipment. EVCS shall bear the cost to remove and replace the pre-existing Equipment. The removed pre-existing Equipment will then become the exclusive property of EVCS. If EVCS Site Host elects for EVCS to replace the Equipment, this will cause the termination date of the Agreement to extend for an additional ten (10) year term from the expiration of the initial Term. If the existing Equipment is replaced with new Equipment during or at the conclusion of the original Term, site host grants all interest to EVCS of any rebate(s) and/or environmental credits associated with the equipment replacement. b) Automatic One (1) Year Renewal Clause
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
Provided EVCS (or the Parties) have not exercised the Ten (10) Year Extension Option, this agreement will automatically renew at the end of each Term for a further term of one (1) year unless either party gives the other written notice of termination at least thirty (30) days but no earlier than ninety (90) days prior to the end of the relevant term.
c) Early Termination Clause
This Agreement may be terminated upon 30 (thirty) days’ written notice to either party without penalty or fee in the following instances:
In the case of EVCS, at any time and for any reason prior to the submission of the permit application for construction of the Equipment, at the Project Site, or thereafter at any time in the event that EVCS determines that the construction or continued operation of the Equipment is impracticable or uneconomical.
In the case of Site Host, in the event the Commencement Date has not occurred within eighteen (18) months following the Agreement Date, provided that Site Host’s rights to terminate under this section shall terminate upon the Commencement Date.
6. Ownership of Equipment and Content
EVCS shall retain title to and ownership of the Equipment. All the information, content, services and software displayed on, transmitted through, stored within, or otherwise used in connection with the use and operation of the Equipment, including, but not limited to data, text, photographs, images, illustrations, video, html, source and object code, software, internet account access, advertising, and the like (collectively, the “Content”) is owned exclusively by EVCS. Once this Agreement is terminated EVCS shall remove equipment at no cost to the Site Host.
7. Installation Activities
EVCS shall, at its sole cost and expense, be responsible for all installation activities (hereafter "Installation Activities") required to support the operation of the Equipment, and services therewith, including the hiring and coordination of all vendors and contractors; the installation of electrical equipment, utility lines, hardware, and software; site preparation, trenching, repaving, and landscaping.
8. Limitations on Use of Project Site
The Project Site and related parking spaces made available to the Project Site may be used for providing publicly-accessible electric vehicle charging. Site Host shall provide EVCS, its employees and contractors with reasonable access to the parking spaces and Equipment and shall otherwise provide to EVCS the same amenities and services Site Host provides to other users of Site Host’s parking facilities.
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
9. Utility Charges
EVCS shall be responsible for all electricity costs associated with both the operation of the Equipment and the charging of electric vehicles from the Equipment. Site Host shall cooperate with EVCS efforts regarding provision of electricity to the Equipment. Neither Site Host nor EVCS has any responsibility or liability for interruption, curtailment, failure, or defect in the supply of utilities furnished to the Equipment.
10.Allocation of Environmental Benefits
Site Host assigns to EVCS any renewable energy credits, allowances, or other indicators of environmental benefit attributable to the presence of the Equipment for the entirety of the time the originally installed Equipment is installed at the site but for a minimum of ten (10) years. If this Agreement extends under paragraph 5 and subchapter a (5.a.) or renews under paragraph 5 and subchapter b (5.b.), then paragraph 10 shall continue to remain in effect through the updated termination date.
11. Signage
EVCS shall have the right to place project-related signage to denote the location of the Equipment and the services available and may place other signage or advertising at the Property as EVCS reasonably determines to be practicable or appropriate.
12.Publicity
During the term of this Agreement, neither party will use the other party’s name, logos, trademarks or service marks in any manner without the other party’s prior written approval, which will not be unreasonably withheld or delayed.
13.Media Content
It is agreed that EVCS shall have sole control over the solicitation, contracting, and distribution of any and all media content relating to the Equipment, including but not limited to, any media content data transmitted to or from the Equipment and displayed using the Equipment. EVCS will use commercially reasonable efforts to avoid distributing media content that actually and directly conflicts with Site Host’s media and advertising.
14. Indemnification
a) EVCS shall indemnify and hold harmless Site Host, and any tenant, guest, customer, patron, or employee of Site Host, from and against any and all liability and expense of any kind, including reasonable attorneys’ fees, arising from injuries or damages to persons or property resulting in any way from the negligence or willful misconduct of EVCS, its contractors, agents, or employees. EVCS' indemnification obligations herein shall extend only up to the limit of any insurance coverage held by EVCS and insuring it against any such liability. It is a condition of this indemnification provision that EVCS shall receive prompt notice from Site Host of any claim against Site Host for which indemnification from EVCS is claimed.
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
b) Site Host agrees to indemnify EVCS, its officers, board, employees, and agents, and hold all of same harmless from and against any and all liability and expense of any kind, including reasonable attorneys' fees, arising from injuries or damages to persons or property resulting in any way from any act or negligence or willful misconduct of Site Host, its contractors, agents or employees. It is a condition of this indemnification provision that Site Host shall receive prompt notice from EVCS of any claim against EVCS.
15.Breach and Opportunity to Cure
If either party breaches this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of that breach, then the non-breaching party may terminate this Agreement effective as of the end of such thirty (30) day period. Additionally, either party may terminate this Agreement immediately if the other party (i) ceases to do business in the ordinary course; or (ii) either voluntarily or involuntarily files a bankruptcy petition which is not vacated within thirty (30) days of filing. No such termination will be deemed a waiver of any claim for damages by the non-terminating party.
If the Site Host breaches or wrongfully terminates the Agreement prior to the Termination Date, Site Host will be required to reimburse EVCS for all costs incurred relating to the installation of the Equipment within thirty (30) days of receipt of an invoice from EVCS.
The Site Host will also be required to reimburse EVCS for the total amount of any rebates EVCS would have received relating to the Equipment, and/or this Agreement had the Agreement not been breached or wrongfully terminated.
16.Limitation of Liability
NO WARRANTY, CONDITION OR REPRESENTATION, EXPRESSED,
IMPLIED, ORAL OR STATUTORY, IS PROVIDED TO THE SITE HOST OR
ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY, CONDITION OR REPRESENTATION: (A) OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (B) THAT THE EQUIPMENT WILL BE FREE
FROM INFRINGEMENT OR VIOLATION OF ANY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES; OR (C) THAT
THE OPERATION OF ANY SOFTWARE OR HARDWARE SUPPLIED WILL BE UNINTERRUPTED OR ERROR FREE. THIS DISCLAIMER AND EXCLUSION
SHALL APPLY EVEN IF THE EXPRESS WARRANTY HEREIN FAILS OF ITS ESSENTIAL PURPOSE. THE SITE HOST'S SOLE AND EXCLUSIVE
REMEDIES HEREUNDER AND THE ONLY LIABILITY OF SITE HOST IS EXPRESSLY LIMITED TO THE TERMS OF THE AGREEMENT. EVCS SHALL
NOT BE LIABLE TO THE SITE HOST, OR ANY THIRD PARTY, FOR ANY
OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
INDIRECT COSTS OR DAMAGES, INCLUDING WITHOUT LIMITATION,
LITIGATION COSTS, LOSS OF DATA, LOSS OF PRODUCTION, AND/OR LOSS
OF PROFIT ARISING FROM ANY CAUSE WHATSOEVER, REGARDLESS OF
THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES.
FOR PURPOSES OF THIS PROVISION, EVCS INCLUDES EVCS' DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY
CLAIMS FOR DAMAGES BY EITHER PARTY ARISING UNDER OR IN
CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ACTUAL RECOVERIES UNDER SUCH PARTY’S INSURANCE POLICIES.
17.Disputes
This Agreement is governed by, and must be construed and enforced in accordance with, the laws of California, excluding principles of conflicts of laws. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts within Los Angeles County, California and agrees that those courts have personal jurisdiction over each party; (iii) venue must be within Los Angeles County, California; and (iv) the parties must submit the dispute to mediation held within the City of Los Angeles. Every mediation must be completed within 3 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 3-month period, then the parties may continue seeking to resolve the dispute by use of any process, including litigation by trial. No waiver of any provision or breach hereof is a waiver of any other provision or breach. All rights and remedies are cumulative and nonexclusive.
18.Notices
All notices and other communications provided hereunder must be in writing and will be deemed given: (i) on the date of hand-delivery; (ii) on the date when sent by facsimile (with confirmation of transmission); (iii) on the date when sent by email, with confirmation of receipt; (iv) the day after sending by a nationally recognized overnight delivery service (with confirmation of transmission); or (v) 3 days after sending by certified mail (return receipt requested).
For purposes of this Agreement, addresses for notification, unless changed from time to time in writing, shall be:
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
FOR EVCS:
EV Charging Solutions, Inc.
Attn: Ian Vishnevsky
11800 Clark Street
Arcadia, California 91006
[email protected]
323.400.EVCS (3827)
Salesperson:
Rebate Program:
SITE HOST: SECONDARY/EMERGENCY CONTACT:
Company: Company:
Attn: Attn:
Add. 1: Add. 1:
Add. 2: Add. 2:
Email: Email:
Phone: Phone:
19.Successors and Assigns
The covenants, conditions and agreements contained herein shall bind and inure to the benefit of EVCS and Site Host and their respective successors and assigns. EVCS may freely and in its sole discretion assign this Agreement to a third party upon written notice to Site Host. Site Host may not assign this Agreement to any third party without prior written consent of EVCS.
20.Entire Agreement
This Agreement contains all the agreements between the parties hereto and may not be modified in any manner other than by agreement in writing signed by both the parties hereto and their successors in interest.
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
IN WITNESS WHEREOF, this Agreement is executed by both parties, to become effective on the date last executed.
EVCS
By:
Printed Name:
Title: _
Date:
SITE HOST
By:
Printed Name:
Title:
Date:
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
EXHIBIT A - Electric Vehicle Charging Station Equipment Specifications
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
EXHIBIT B – Project Site Info
Utility/Electric Provider (e.g., PG&E, SCE, LA DWP):
Electric Provider Acct. #:
Total Estimated Parking Spaces: / Estimated Number of ADA Spaces:
Other:
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
EXHIBIT C – Site Host Banking Information (for ACH Payment Purposes) Name on Account:
Name of Bank:
Bank Routing Number:
Account Number:
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EV Charging Solutions | 11800 Clark St. Arcadia, CA 91006 | P 323.400-EVCS (3827)| www.evcs.com
Packet Page. 660
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 18, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager
Jeannie Fortune, Interim Director of Finance & Management Services;
Rolland Kornblau, Information Technology Services Director Department: Finance & Management Services and Information Technology Services
Subject: Approve a two-year Professional Services Agreement between the City and Dixon Mutadzakupa for project
management consulting and support services for the
City’s ERP software implementation, in an amount not-to- exceed $384,000 (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 a Professional Services Agreement between the City of San Bernardino and Dixon Mutadzakupa for project management consulting and support services for the City’s Enterprise Resources Planning (ERP) software implementation beginning on July 1, 2025, and ending on June 30, 2027, in an amount not-to-exceed $384,000.
Executive Summary
The Mayor and City Council awarded Application Software Technologies (AST), now a part of IBM, an agreement for the migration from the City’s existing ERP (New World/Tyler Technologies) to the new Oracle Cloud Infrastructure (OCI) system.
A project management consultant is essential to ensure efficient coordination between the City and AST/Oracle, to keep this project on schedule, to facilitate smooth project execution, implementation, and go-live, leading to a successful migration.
Approval of the professional services agreement between the City of San Bernardino and Dixon Mutadzakupa for project management support services for the City’s ERP software implementation is essential for the continued success of the ERP implementation. As a
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former Client First employee and former City of San Bernardino employee, he is aware of the City’s existing system, its strengths and weaknesses, and has extensive knowledge of the new Oracle ERP to ensure a smooth migration from the old ERP system to the new one. His guidance will provide stability throughout the migration given his knowledge of the new Oracle software, and of the City’s existing New World ERP software.
Background
On May 04, 2022, the City Council approved and authorized an agreement with Client First Consulting to conduct a software needs assessment and an implementation plan for a new ERP system for the City.
The contractual agreement was initially awarded as follows:
PROJECT TASKS TOTAL
Needs Assessment Cost $370,750
Implementation Project Management Assistance 409,760
TOTAL ALLOCATION $780,510
Client First Consulting completed the needs assessment cost, issued the Request for Proposals (RFP), and aided the City in evaluating and awarding the ERP system Agreement with Oracle. Client First invoices totaled $363,931 of the needs assessment cost allocation. They have since informed the City that we (City) are best suited to find another firm and/or consultant to continue with the project management implementation consulting phase.
Mr. Dixon Mutadzakupa, a former Client First employee and former City of San Bernardino employee, was part of Client First’s consultant team that helped with the needs assessment cost phase, and evaluation and award of the City’s ERP. Mr.
Mutadzakupa has since left Client First and is now an independent consultant whose expertise will aid the City’s smooth migration from the old ERP to the new ERP without affecting productivity and efficiency.
The total allocation for this project was $780,510, with a remaining balance of $416,579.
The City will be using the remainder of the ERP allocation towards Mr. Mutadzakupa’s agreement totaling $384,000.
Discussion
Implementation of an ERP system for a City the size of San Bernardino usually takes 18- 24 months from selection of the software to fully operational. Due to reorganization and vacancies in the Finance and Management Services Department, the initial kick-off of January 2025 was not met and has been moved to August 2025. Attachment_1 details the projected timeline for this project.
Client First was the original project management consultant, but has since backed out.
The City needs a consultant to aid in keeping us on schedule and within budget. Staff is planning to use Mr. Mutadzakupa for continued consulting assistance with the ERP
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project.
Dixon Mutadzakupa has successfully led the ERP implementations for several other Cities (including: Santa Barbara, Yucaipa, and Scottsdale). In addition to his familiarity with the City of San Bernardino’s systems, he has experience with the ERP implementation of systems such as Tyler, Workday, Incode, and SpringBook. He will draw upon this extensive knowledge and experience to lead the City of San Bernardino’s ERP implementation. He will accomplish the implementation using a phased approach.
Project Management Services include:
Vendor Management - Review Oracle’s performance and make certain they are abiding to the terms of the contract. Escalate any issues to Oracle’s Implementation Managers.
City Resource Planning - Work with Finance to confirm the City has the appropriate employee/s in the implementation sessions. Attend all implementation sessions and assist the project team with configuration. Be available to answer any questions from staff Communication Planning - Conduct and provide weekly or bi-weekly project status updates. Communicate and escalate any potential issues to Oracle on the City’s behalf Assist with System Analysis, Design and Configuration - Advice staff with insight to best practices adopted by other agencies.
Data Migrations and Integration Assistance - Provide assistance to Finance and the Information Technology team with extracting data to be moved to the new system
User Acceptance Testing Assistance - Work with the Finance team to confirm configuration settings by providing test scripts and conducting tests for each module. If test results show modules are not working as intended, communicate to Oracle for them to take corrective measures.
End User Training - Work with Oracle and Finance to facilitate citywide training for Oracle Cloud
Post Implementation Review and Support - Provide a post implementation analysis report that will help identify any potential issues and assist in fixing these issues.
The Agreement with Dixon Mutadzakupa for project management consulting services is being brought forward for the Mayor and City Council's approval in accordance with Section 3.04.010 D.3. of the City's Municipal Code (Attachment 3) and Section V (e) of the City's Purchasing Policy (Attachment 4). As outlined in both the Municipal Code and Purchasing Policy, a purchase that is otherwise approved by the action of the Mayor and City Council in a public meeting is exempt from the City's Purchasing Policy. 2021-2025 Strategic Targets and Goals
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Approval of this agreement aligns with Key Target No. 1: Improved Financial & Operational Capacity, through improved operational and financial transactions and activities.
Fiscal Impact
Sufficient budget remains for the span of the two years from the original ERP implementation budget allocation. No additional appropriation is required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Dixon Mutadzakupa for project management support services for the City’s Enterprise Resources Planning (ERP) software implementation beginning on July 1, 2025, and ending on June 30, 2027, in an amount not-to-exceed $384,000.
Attachments
Attachment 1 Professional Services Agreement (PSA) with Dixon Mutadzakupa Attachment 2 ERP Projected Implementation Timeline
Attachment 3 Dixon Mutadzakupa Project Management Proposal and Resume Attachment 4 Section 3.04.010 of the San Bernardino Municipal Code Attachment 5 Purchasing Policy Section V (e)
Ward:
All Wards
Synopsis of Previous Council Actions:
May 4, 2022 Mayor and City Council authorized the City Manager to approve the Professional Services Agreement between the City of San Bernardino and Client First Consulting for a software needs assessment and Enterprise Resource Planning (ERP) consulting services for a total cost of $780,510.
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1 PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND DIXON MUTADZAKUPA
This Agreement is made and entered into as of June 18, 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 DIXON MUTADZAKUPA a SOLE PROPRIETORSHIP with its principal place of business at 918 Lawton street, Redlands, CA 92374 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Project Management Consulting and Support Services for the implementation of the City’s Enterprise Resource Planning Software (ERP) (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The re citals above are true and correct and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation.
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.”
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2 b. In no event shall the total am ount paid for services rendered by Consultant under this Agreement exceed the sum of $384,000. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.
Consultant may submit invoices to City for a pproval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.
City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner : a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such se rvices, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered and no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing.
6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2027 , unless the Agreement is previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
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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 Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are re quired for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation re gardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state an d local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is res ponsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which wi ll constitute a conflict of interest with the City.
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4 13. City Business Certificate. Consultan t shall, prior to execution of this Agreement, obtain and maintain during the te rm 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, qualific ations, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of th e City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independe nt associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not co mmence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
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5 (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Insurance Services Office Co mmercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liabil ity Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles sh all not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liabili ty insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
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6 (iii) The policy shall give City, it s elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liab ility 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. Th is insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain priva cy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of serv ice, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
h. Minimum Policy Limits Required
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7 (i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payabl e in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on co verage, 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 Consultant shall file with the City evidence of insurance from an insurer or ins urers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certif y 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) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy re quired by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is
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8 cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General L iability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General L iability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three ye ars after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the ef fective 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 coverage s, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, offi cers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insur ance evidence in compliance with these specifications to waive their right of recove ry prior to a loss. Consultant hereby waives its own right of recovery against City, and sh all require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set fort h herein shall not be construed to relieve the Consultant from liability in excess of such covera ge, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. 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
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9 (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the righ t but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will with hold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, office rs, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of co mmercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification .
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pe rtaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement.
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10 b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Co nsultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consu ltant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants a nd sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brough t in a state or federal court situated in the County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant.
In such event, City shall be immediately gi ven title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work
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11 completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specifie d herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may termina te 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 pe rform in accordance with the terms of this Agreement through no fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultan t shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant ’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City a nd to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents . Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produc ed or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Dixon Mutadzakupa as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
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12 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 requi red 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 requ ested, 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: Rolland Kornblau, Director of
Information Technology
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Dixon Mutadzakupa, Consultant
918 Lawton Street,
Redlands, CA 92374
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consult ant 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, co lor, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activi ties related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. T his Agreement, including Exhibit “A ,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representatio ns, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, ille gal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
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13 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in inter est, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any ri ght 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 th e essence for each and every provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant ma intains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure th is Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent up on or resulting from the award or making of this Agreement. For breach or violation of this warranty, City sh all have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
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14 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
43. Electronic Signature. Each Pa rty 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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15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND DIXON MUTADZAKUPA
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, CMC
Acting City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
DIXON MUTADZAKUPA
Signature
Dixon Mutadzakupa
Name
Sole Proprietor
Title
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16 EXHIBIT A
PROJECT BACKGROUND AND UNDERSTANDING
Previously, the City entered into an agre ement with Client First Consulting. Client First’s project objectives included: an analysis of existing software and determining requirement for future systems, improving and streamlining operational/business processes, reviewing a nd determining future hardware, IT infrastructure and cybersecurity needs, adopting use of industry best business practices, and completing a successful implementation of the system* (Optional).
Client First Consulting completed the needs assessment cost, issued the Request for Proposals (RFP), and aided the City in evaluating and awarding the ERP system Agreement with Oracle. However, Client First opted out of the final optional portion of the agreement to assist with the implementation of the system.
The Consultant will provide project mana gement support services for the ERP software implementation.
Project Objectives
x Integrate Core Functions: Successfully implement an ERP system to integrate finance, human resources, and utility billing operations within 18 months, reducing the reliance on manual processes by 80%.
x Enhance Data Accuracy: Improve data accuracy by 95% through automated data validation and streamlined workflows within the first year of implementation. x Increase Operational Efficiency: Achieve a 30% reduction in administrative costs by automating key processes and eliminating redundant systems within 24 months. x Enable Data-Driven Decision-Making: Provide city management with real-time, actionable insights through the ERP system’s reporting and analytics modules, achieving 100% utilization of dashboard reporting tools within 12 months of go-live. x Ensure Regulatory Compliance: Implement system controls and automated compliance checks to meet 100% of municipal financial and operational regulations within 6 months of system deployment.
x Support Effective Change Management: Conduct comprehensive training for 100% of end- users and key stakeholders, achieving at least 90% proficiency in system usage within 3 months post-go-live
PROJECT APPROACH, TIMELINE AND COST
Project Approach
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17 Phase 1: Planning and Analysis
x Conduct project kickoff and stakeholder alignment.
x Define project scope, objectives, and governance structure. x Develop a detailed project plan with milestones and timelines.
Phase 2: System Design and Configuration
x Configure the ERP system to meet city-specific needs. x Conduct design workshops and validate configurations.
Phase 3: Data Migration and Integration
x Perform data assessment, cleansing, and mapping.
x Develop and execute the data migration strategy.
x Ensure seamless integration with existing systems.
Phase 4: Testing and Validation
x Develop a comprehensive testing plan including unit, integration, and user acceptance testing (UAT).
x Track and resolve any defects identified during testing.
Phase 5: Training and Change Management
x Develop training materials and conduct workshops for end-users. x Provide change management support to ensure user adoption.
Phase 6: Go-Live and Support
x Execute the go-live plan and monitor system performance. x Transition to ongoing support and maintenance.
Timeline and Milestones
Phase Duration Key Milestones
x Vendor Management x Ongoing x Vendor management strategy developed and performance
benchmarks established
x System Configuration &
Change Management
Oversight
x TBD x ERP system configured and initial
change management protocols
implemented
x System Integration Planning x TBD x Integration plan finalized and system interface designs completed
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18 Phase Duration Key Milestones
x Data Migration Planning x TBD x Data migration plan developed and trial migrations conducted
x Testing Planning and
Support
x TBD x Testing strategy established and user
acceptance testing completed
x End-User Training
Planning and Support
x TBD x Training materials developed and
workshops conducted
x Implementation Readiness x TBD x Readiness assessment completed and contingency plans in place
x Go-Live Cutover Support x TBD x Go-live transition supported and immediate issues resolved
x Project Close-out x TBD x Final project review conducted and long-term maintenance
recommendations provided
Project Cost
The project is estimated to take 2 years to complete. Based on a project management allocation of 20 hours per week at a rate of $120 per hour, the total project management cost is calculated as follows:
Item Calculation Amount
x Hourly Rate $120/hour -
x Weekly Hours 32 hours/week -
x Weekly Cost 32 hours × $120/hour $3,840
x Annual Cost $3,840/week × 50 weeks $192,000
x Total Project Cost (2 years) $192,000/year × 2 years $384,000
Total Estimated Project Management Cost: $384,000
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City of San Bernardino
YEAR ONE YEAR TWO
Y1Q3 Y1Q4 Y2Q1 Y2Q2 Y2Q3 Y2Q4 Y3Q1 Y3Q2
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2025 2025 2025 2025 2025 2025 2026 2026 2026 2026 2026 2026 2026 2026 2026 2026 2026 2026 2027 2027 2027 2027 2027 2027 GENERAL LEDGER (11 months) 08/01/25 06/30/26 238 A "Go-Live" Support * General Ledger (General ledger, 11-month implementation; "Go-Live" 7.1.2026) * Accounts Receivable
* Accounts Payable
* Cashiering
(Budget, 8-month implementation, "Go-Live" 7.1.2026)
BUDGETING (8 months) 10/01/25 06/30/26 195 AAAAAAAA "Go-Live" Support
HUMAN CAPITAL MANAGEMENT
(11 months) 02/01/26 12/31/26 239 AAAAAAAAAA "Go-Live" Support * Core HR (HR, 11-month implementation;"Go-Live" 1.1.2027 ) * Benefits
* Absence Management
* Oracle Recruiting Cloud
* HR Help Desk
* Health & Safety
* Performance / Goal / Learning Management
* Time & Labor / Compensation / Payroll
* Project Cost Accounting / CIP Grants
* Procurement Contracts / Purchasing / Supplier Portal
ERP Projected Implementation Timeline
# of
Days
START
DATE
END
DATETASK TITLES
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Proposal for Enterprise Resource Planning (ERP) Project Management Consulting Services for the City of San
Bernardino
Proposed by Dixon Mutadzakupa
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1 TABLE OF CONTENTS
Introduction ....................................................... 2
1. Executive Summary ..................................... 3
2. Experience & Te chnical Skills ...................... 4
3. Project Objectives ........................................ 6
4. Project Approach ......................................... 7
5. Key Deliverables .......................................... 8
6. Timeline & Milestones ................................ 10
7. Project Budget Estimate ............................ 11
8. Risk Management ...................................... 12
9. Reporting & Communication………………13
10. References ................................................ 14
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2 INTRODUCTION
The implementation of an Enterprise Resource Planning (ERP) system is essential for streamlining the City’s financial, human resources, and utility billing operations. This proposal outlines a comprehensive approach to ERP implementation for City of San Bernardino, ensuring efficient service delivery, financial transparency, and improved operational efficiency.
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3 1. EXECUTIVE SUMMARY
The City of San Bernardino is facing significant operational challenges caused by outdated and fragmented systems that hinder efficient service delivery. These legacy systems create data silos, resulting in limited visibility into financial and operational performance. Inefficient workflows, manual data entry, and lack of integration between departments lead to delayed decision-making, resource misallocation, and increased operational costs.
This proposal presents a comprehensive plan for implementing a modern Enterprise Resource Planning (ERP) system to address these pain points. By unifying core functions such as finance, human resources and procurement, the ERP solution will streamline processes, enhance data accuracy, and provide real-time insights for informed decision-making.
Enhanced transparency and accountability will ensure the City meets compliance standards and effectively manages public funds.
Project Management Services
x Vendor Management
o Review Oracle’s performance and make certain they are abiding to the terms of the contract. Escalate any issues to Oracle’s Implementation Managers. x City Resource Planning
o Work with Finance to confirm the City has the appropriate employee/s in the implementation sessions.
o Attend all implementation sessions and assist the project team with configuration. x Be available to answer any questions from staff Communication Planning o Conduct and provide weekly or bi-weekly project status updates. o Communicate and escalate any potential issues to Oracle on the City’s behalf x Assist with System Analysis, Design and Configuration o Advice staff with insight to best practices adopted by other agencies. x Data Migrations and Integration Assistance
o Provide assistance to Finance and the Information Technology team with extracting data to be moved to the new system
x User Acceptance Testing Assistance
o Work with the Finance team to confirm configuration settings by providing test scripts and conducting tests for each module. If test results show modules are not working as intended, communicate to Oracle for them to take corrective measures.
x End User Training
o Work with Oracle and Finance to facilitate citywide training for Oracle Cloud x Post Implementation Review
o Provide a post implementation analysis report that will help identify any potential issues that may need to be addressed.
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4 2. EXPERIENCE & EXPERTIES
Cities and Agencies
I have successfully led ERP implementations and provided financial management expertise for the following cities and agencies:
x South Gate - Project Manager for ERP procurement and implementation x Benicia - ERP re-implementation and financial process improvements x Yucaipa - ERP implementation and budget management
x Scottsdale - ERP system project oversight and vendor management x Santa Barbara - Financial analysis and ERP re-implementation leadership Technical Skills
My technical competencies include:
x ERP System Implementation (Tyler Munis, Workday, Incode, SpringBrook) x Financial Management and Budgeting
x Data Migration and System Integration
x Change Management and Process Improvement
x Vendor Management and Contract Negotiations
x End-User Training and Support
x Project Management and Cross-Functional Leadership
My extensive track record in managing ERP projects, combined with my understanding of local government operations, makes me the ideal candidate to lead the City in this critical transformation.
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5 RESUME
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6 3. PROJECT OBJECTIVES
The key objectives of this ERP implementation project are designed using the SMART framework to ensure measurable and achievable outcomes:
x Integrate Core Functions: Successfully implement an ERP system to integrate finance, human resources, and utility billing operations within 18 months, reducing the reliance on manual processes by 80%.
x Enhance Data Accuracy: Improve data accuracy by 95% through automated data validation and streamlined workflows within the first year of implementation. x Increase Operational Efficiency: Achieve a 30% reduction in administrative costs by automating key processes and eliminating redundant systems within 24 months. x Enable Data-Driven Decision-Making: Provide city management with real-time, actionable insights through the ERP system’s reporting and analytics modules, achieving 100% utilization of dashboard reporting tools within 12 months of go-live. x Ensure Regulatory Compliance: Implement system controls and automated compliance checks to meet 100% of municipal financial and operational regulations within 6 months of system deployment.
x Support Effective Change Management: Conduct comprehensive training for 100% of end-users and key stakeholders, achieving at least 90% proficiency in system usage within 3 months post-go-live.
These objectives will ensure the successful implementation of the ERP system, providing measurable improvements in operational efficiency, transparency, and decision-making for the City.
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7 4. PROJECT APPROACH
The ERP implementation will follow a phased approach to ensure effective execution. Each phase involves specific tasks, deliverables, and milestones to ensure smooth progress and stakeholder alignment.
Phase 1: Planning and Analysis
x Conduct project kickoff and stakeholder alignment.
x Define project scope, objectives, and governance structure. x Develop a detailed project plan with milestones and timelines.
Phase 2: System Design and Configuration
x Configure the ERP system to meet city-specific needs. x Conduct design workshops and validate configurations.
Phase 3: Data Migration and Integration
x Perform data assessment, cleansing, and mapping.
x Develop and execute the data migration strategy.
x Ensure seamless integration with existing systems.
Phase 4: Testing and Validation
x Develop a comprehensive testing plan including unit, integration, and user acceptance testing (UAT).
x Track and resolve any defects identified during testing.
Phase 5: Training and Change Management
x Develop training materials and conduct workshops for end-users. x Provide change management support to ensure user adoption.
Phase 6: Go-Live and Support
x Execute the go-live plan and monitor system performance. x Transition to ongoing support and maintenance.
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8 5. KEY DELIVERABLES
Project Governance and Oversight
x Establish project governance structure, ensuring clear roles and responsibilities. x Facilitate stakeholder communication and decision-making.
Stakeholder Management
x Ensure continuous engagement with all stakeholders.
x Address concerns and gather feedback to ensure project alignment.
Change Management Plan
x Develop and execute a strategy for managing organizational change. x Support communication, training, and user adoption.
Risk and Issue Management
x Identify, document, and mitigate project risks.
x Track and resolve issues efficiently.
Budget and Resource Management
x Monitor project budget and resource allocation.
x Ensure financial accountability and track spending against projections.
Progress and Performance Reporting
x Provide regular project status reports to stakeholders. x Track milestones, deliverables, and KPIs.
Vendor Management Support
x Collaborate with vendors to ensure contractual obligations are met. x Support vendor communication and performance assessments.
Testing and Validation Oversight
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9 x Oversee user acceptance testing (UAT).
x Ensure system performance and quality align with expectations.
Training and Knowledge Transfer Support
x Support the development of training programs.
x Ensure end-users and support teams are adequately prepared.
Post-Implementation Review
x Facilitate a project review and gather lessons learned. x Ensure proper documentation and knowledge transfer for ongoing support.
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10 6. TIMELINE AND MILESTONES
Phase Duration Key Milestones
Vendor Management Ongoing Vendor management strategy developed and performance benchmarks established
System Configuration &
Change Management Oversight
TBD ERP system configured and initial change
management protocols implemented
System Integration Planning TBD Integration plan finalized and system interface designs completed
Data Migration Planning TBD Data migration plan developed and trial migrations conducted
Testing Planning and Support TBD Testing strategy established and user acceptance testing completed
End-User Training Planning
and Support
TBD Training materials developed and workshops
conducted
Implementation Readiness TBD Readiness assessment completed and contingency plans in place
Go-Live Cutover Support TBD Go-live transition supported and immediate issues resolved
Project Close-out TBD Final project review conducted and long-term maintenance recommendations provided
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11 7. PROJECT BUDGET ESTIMATE
The project is estimated to take 2 years to complete. Based on a project management allocation of 20 hours per week at a rate of $120 per hour, the total project management cost is calculated as follows:
Item Calculation Amount
Hourly Rate $120/hour -
Weekly Hours 32 hours/week -
Weekly Cost 32 hours × $120/hour $3,840
Annual Cost $3,840/week × 50 weeks $192,000
Total Project Cost (2 years) $192,000/year × 2 years $384,000 Total Estimated Project Management Cost: $384,000
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12 8. RISK MANAGEMENT
Potential risks and mitigation strategies include:
x Data Migration Challenges: Implement rigorous validation and testing processes to ensure data accuracy and minimize errors.
x User Resistance: Develop a robust change management and training plan to foster user acceptance and proficiency.
x Budget Overruns: Maintain strict project management oversight and milestone tracking to ensure financial control.
x Single-Point Dependency: To mitigate the risk of relying solely on one individual, a comprehensive contingency plan will be in place. This will include detailed documentation of all processes, decisions, and configurations. Additionally, regular knowledge transfer sessions will be conducted to ensure the project team is equipped to manage tasks independently.
x Collaborative Support: Establish partnerships with external experts and organizations, such as Obelisk Achievement LLC, to provide additional technical support and expertise when needed. This collaboration will reduce dependency on a single resource and ensure continuity in case of unforeseen circumstances.
x Communication Gaps: Implement a clear communication plan with regular updates, status reports, and issue resolution tracking to ensure alignment across all stakeholders.
By proactively addressing these risks, the project will maintain momentum and achieve successful ERP implementation for the City.
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13 9. REPORTING & COMMUNICATION
Effective reporting and communication are crucial for project transparency and stakeholder alignment. This section outlines the frequency, content, and key metrics to be included in project reports.
Monthly Project Status Reports
x Overall project progress against milestones
x Key accomplishments and completed tasks
x Identified risks and mitigation plans
x Budget utilization and forecast updates
x Next steps and upcoming activities
Quarterly Financial Reports
x Detailed budget vs. actual expenditure analysis
x Forecasted costs for the remaining project duration
x Justification for budget variances, if any
x Recommendations for financial adjustments
Bi-Weekly Stakeholder Updates
x Summary of recent project progress
x Status of key deliverables and milestones
x Current and potential challenges
x Feedback from stakeholders
x Action items and next steps
Regular reports will ensure stakeholders remain informed and engaged, facilitating effective decision-making throughout the ERP implementation process.
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14 10. REFERENCES
Jennifer Crawford
Assistant City Manager, City of Yucaipa
Phone: 909-797-2489, ext. 223
Scope of Reference:
x ERP Implementation and Financial Management
x Budget Management and Financial Planning
x Operational Oversight and Leadership
Jeff Tschudi
Finance Director, City of Benicia
Phone: 707-746-4225
Scope of Reference:
x ERP Re-implementation and Financial Process Improvements x Change Management and System Integration
x Budget Management and Process Oversight
Laura Guglielmo
Assistant Executive Officer, Los Angeles County Employees Retirement Association (LACERA)
Phone: 626-564-6000
Scope of Reference:
x ERP Implementation and Financial Management
x Organizational Leadership and Process Improvements
x Stakeholder Engagement and Change Management
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15 11. DETAILED RESUME
EXPERIENCE SUMMARY
Public Finance Professional with over 10 years of experience with local government Finance. Experience includes working within the public sector environment, as well as providing consultative services to public sector clients. Well qualified to address customer needs and develop effective technological solutions that leverage his experience in local government financial management, ERP system procurements, upgrades and implementations. Will offer clients strong decision support, analytical, technical, facilitation, project management, communications and program management skills.
PROFESSIONAL EXPERIENCE
ERP Project Manager, ERP Project Manager
(05/2021 – Present)
Notable Projects:
Enterprise Resource Planning (ERP) System Procurement – City of South Gate, South Gate, California
Served as a Project Manager for this critical project that involved replacing the City’s financial, human resources, and utility billing systems. Worked directly with city staff to develop the functional requirements and the Request for Proposal (RFP) document.
Enterprise Resource Planning (ERP) System Procurement – Union Sanitary District, Union City, California
Served as a Management Consultant for this critical project that involved replacing the City’s financial, human resources, and utility billing systems.
Worked directly with city staff to develop the functional requirements and the Request for Proposal (RFP) document.
Enterprise Resource Planning (ERP) System Re-Implementation, Benicia, CA
City of Benicia
Provided project management services for the city’s Tyler Munis post implementation analysis. This effort identified areas that needed a second look in terms of configuration. The result was at least 30 areas that were re- configured.
AREAS OF
EXPERTISE
x Finance
x Local Governments
x Quality Assurance
x Customer Service
x Enterprise Resource
Planning (ERP) Systems
(Finance, including
Cashiering, Human
Resources)
x Budget Planning,
Implementation &
Administration
x Revenue and Expenditure
Projection Expertise
x Fiscal Impact Analysis
x Employee Listing & Costing
Budgeting
x Vendor/Contract
Management
x End-User Training
x
Fiscal Impact Analysis
x
Employee Listing & Costing
Budgeting
x
Vendor/Contract
Management
x
End
-
User Training
x
Employee Listing & Costing
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16 Enterprise Resource Planning (ERP) System Implementation, Riverside, CA Riverside County Transportation Commission (RCTC)
Provided project management services for the implementation for the City’s Tyler Munis for Financials (including cashiering) and Human Resource Management; tasks include supporting “as-is / to-be” analysis, core team training, task & project plan management, vendor management, user acceptance test preparation and execution, and end user training and implementation support.
Enterprise Resource Planning (ERP) System Procurement – City of Scottsdale, Scottsdale, Arizona Managed or supported the procurement process for the city. This project also entailed multi-phases approach, including a needs assessment and data gathering process from all areas of the agency, development of comprehensive requirements (Functional; Technical; Data Conversion; Integrations) and a Request for Proposal document, RFP issuance and monitoring, vendor response review and scoring oversight, an in-depth vendor evaluation process, and assistance with contract negotiations.
Enterprise Resource Planning (ERP) System Procurement – City of Tustin, Tustin, California Served as a Project Manager for this critical project that involved replacing the City’s financial, human resources, and utility billing systems. Worked directly with city staff to develop the functional requirements and the Request for Proposal (RFP) document.
Enterprise Resource Planning (ERP) System Implementation, Yucaipa, CA City of Yucaipa
Provided project management services for the implementation for the City’s Tyler Munis for Financials (including cashiering) and Human Resource Management; tasks include supporting “as-is / to-be” analysis, core team training, task & project plan management, vendor management, user acceptance test preparation and execution, and end user training and implementation support.
Budget Application System Procurement & Implementation– Los Angeles County Employee Retirement Association (LACERA), Los Angeles County, Los Angeles, CA Served as a Project Manager for this critical project that involves the procurement and implementation of a new budget system.
Purchasing Card Program Implementation – Tustin, CA
City of Tustin
Provided consulting services to support the City’s implementation of the U.S Bank P-Card system.
Reviewed the city’s current P-Card processes and performed gap analysis to identify any potential gaps between the needs of the city organization and the existing P-Card system functionality.
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17 Enterprise Resource Planning (ERP) System Implementation Seal Beach, CA
Provided project management services for the implementation for the City’s Tyler Incode systems for Financials (including cashiering), Human Resource Management and Utility Billing; tasks include supporting “as-is / to-be” analysis, core team training, task & project plan management, vendor management, user acceptance test preparation and execution, and end user training and implementation support.
Enterprise Resource Planning (ERP) Munis System Upgrade – Conversions & Validations City of Santa Barbara, CA
Participated in a hands-on capacity supporting the data conversion (developing and modifying extraction & transformation routines) and acceptance testing efforts for Financials, Human Resource Management and Utility Billing.
City of Monrovia, CA
(02/2021 – 04/2021)
Budget/Finance Administrator
x Coordinated the preparation and administration of annual citywide budget including capital improvements.
x Assisted in the completion of the City’s Comprehensive Annual Financial Report x Supervised accounting functions including accounts receivable, accounts payable, purchase orders, utility billing, cash collections and payroll.
x Worked closely with the Information Systems team in the maintenance and improvement of the city’s financial system.
City of San Bernardino, CA
(02/2016 – 02/2021)
Budget Manager
x Managed all budgeting, budget monitoring and financial planning and forecasting, and analysis for the City of San Bernardino with $200 million annual operating and capital improvement budget. x Provided support and assistance for continued planning efforts and considerations for ERP system upgrades.
x Developed the City’s long-term financial projections which helped the Mayor & Council plan-ahead resulting in the reserve fund growing from $3 million to a healthy $30 million.
City of Riverside, CA
(07/2015 – 06/2016)
Principal Management Analyst
x Served on a newly formed Budget Team designed to coordinate the preparation of the City’s annual Operating and Capital Improvement Budgets
x Served as lead in the preparation and coordination of the entire City’s personnel budget with of over 2,000 employees.
x Performed financial analysis including financial forecasting of the City’s 5-year financial plan.
City of San Bernardino, CA
(02/2010 – 07/2015)
Budget Manager/Assistant to the City Manager/Financial Analyst x Coordinated, implemented, and monitored all aspects of the City of San Bernardino annual operating and Capital Improvement budget of $200 million. x Performed financial analysis including an annual and mid-year analysis of Departmental budgets comparing budgeted amounts to actuals.
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18 x Served on the ERP Team for review and selection of the new Enterprise resource planning (ERP) system; New World Financial, now Tyler Technologies was selected and implemented. Provided support and assistance for configuration and implementation efforts. x Served on a team that performed analysis and provided financial reports to the court during the City of San Bernardino Bankruptcy proceedings.
x Served on a budget team responsible for managing, coordinating, and implementation of the City of San Bernardino’s operating and capital improvement budget of $150 million. x Prepared monthly expenditure reports for the Finance Director and City Manager x Successfully developed a position control monitoring system that allowed Human Resources and Finance staff to provide accurate payroll and position information to the Finance Director and City Manager.
EDUCATION
California State University
x Master of Public Administration MPA, Public Budgeting emphasis x Bachelor of Science, Business Administration, Finance emphasis Packet Page. 702
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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 24 of 99 (10) calendar days before the date for receiving qualifications or proposals, unless exigent circumstances call for a shorter time.
(iii) Review of Qualifications or Proposals. The City will receive qualifications or proposals at the date, time and place of submission on the notice inviting RFQs/RFQuals/RFPs. Any proposals received after the proposal opening time will be time/date stamped and returned unopened to the proposer. The City will review and evaluate qualifications or proposals based on the evaluation and selection criteria in the RFQs/RFQuals/RFPs and rank proposals based on factors listed in the RFQ/RFQual/RFP.
(iv) N egotiation. Once proposals are ranked, the City may negotiate a contract with the highest ranked proposer only, may negotiate with multiple proposers, or may attempt to reach an agreement with the highest ranked proposer before negotiating with other proposers in order of ranking. The City may also dispense with negotiations and recommend an award based on the proposals. (v) A ward. Award for professional services co ntracts shall be to the best qualified vendor who will best serve the City’s interests taking into account the demonstrated competence, professional qualifications and suitability for the project. Award for other contracts shall to the vendor offering the best value to the City, in the City’s sole and absolute discretion.
(vi) R ejection of Bids. The City Council may, in its sole and absolute discretion, reject all proposals presented and re-advertise.
V. EXEMPTIONS
Exemptions from the procurement process may be requested under the following circumstances:
(a) Emergency Purchases. An exemption may be granted in case of an emergency, which is so urgent as to preclude advance action by the Mayor and Common Council and which requires purchase of supplies, materials, equipment, and contractual service. (i) In such a case, the City Manager shall have the authority to authorize the Purchasing Division to secure in the open market such supplies, materials, equipment, or contractual services as deemed necessary. (ii) This emergency authority shall extend to all purchases; irrespective of the fact that amount might exceed the City Manager’s authorization threshold. In such instances a full explanation of the emergency circumstances shall be filed with the Mayor and City Council (MC § 3.04.070).
(iii) If emergency work is performed, the Pu rchasing Division should be notified by the next business day, or as soon as practical. This will allow the Purchasing Division to properly ratify purchase orders.
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City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 25 of 99 (iv) An emergency includes the following: (1) a public calamity; (2) an immediate need to prepare for national or local defense; (3) the breakdown of machinery or equipment causing a service impediment requiring immediate resolution; (4) a hazard to public health or welfare; and (5) situation in which the City will be unable to perform services for the public.
(b) Cooperative Purchases. The City may engage in cooperative purchasing for goods or services as a third-party agency "piggybacking" on another agency's competitively bid agreement. Cooperative purchasing reduces administrative expenses and secure prices and other benefits of a large volume purchase. Caution must be exercised to ensure that the City is in compliance with all applicable federal, state, and local laws as well as the Policy. The Purchasing Division must be consulted prior to any department engaging in cooperative purchasing.
(c) Sole Source. When a department determines that the goods, services or public project can only be obtained from a sole source. For example, only one manufactured makes an item that meets the required specifications or only one item is compatible with existing equipment. Price cannot be used in a determination of sole source. This is an indication of competition in the marketplace.
A sole source purchase is a method of acquisition; it shall not be used to avoid competition. A sole source justification memo is required for any sole source purchase over $10,000. The sole source justification memo must be approved by the Purchasing Manager before the purchase is completed.
(d) Public Works Projects. This Policy shall not apply to the procurement of Public Works Projects. Procurement procedures for Public Works Projects are defined in Chapters
12.20, 12.21 and 12.24 of the San Bernadino Municipal Code. (e) Purchases Approved by Mayor and City Council. A purchase that is otherwise approved by the action of the Mayor and City Council in a public meeting is exempt from this Policy.
(f) Federal/Grant-Funded Procurement. Federal/grant-funded procurements shall be exempt from this Policy if such funding requires compliance with an alternative set of procurement rules not in compliance with this Policy. This is more particularly described in Section VII(c) of this Policy.
(g) Exemptions Authorized by San Bernardino Municipal Code Section 3.04.010(D)(1).
Items listed in San Bernardino Municipal Code section 3.04.010(D)(1) shall be exempt from this Policy. This includes, but is not limited to, purchases/sales from other governmental agencies.
(h) Inadequate Competition. Inadequate competitive is defined as when, after solicitation from a number of sources (which must be documented for audit purposes), competition is determined to be inadequate. Inadequate competition includes the lack of receipt of responsive bids.
VI. PROTEST PROCEDURES
(a) Right to Protest. Prior to making the award, any responsible bidder in connection with
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: June 18, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Andrea Russell, Director of Human Resources
Department: Human Resources
Subject: Approving Job Classifications and Amending the City- wide Salary Schedule (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-309:
1. Establishing a full-time Programming/Traffic Assistant classification; and
2. Authorizing the City Manager or designee to add one (1) full-time Programming/Traffic Assistant position to the IT Department for FY 25/26; and
3. Amending the compensation for the Police Dispatcher I (Flex), Police Dispatcher II, and Police Dispatch Supervisor classifications; and
4. Amending the bargaining group and salary range for the Police Dispatch Manager and Police Records Manager classifications; and
5. Amending the City-wide Salary Schedule for full-time, part-time, temporary, and seasonal positions.
Executive Summary
Staff recommends the establishment of a full-time Programming/Traffic Assistant classification, its inclusion to the City’s salary schedule, and the addition of one (1) full- time position to the Information Technology Department for Fiscal Year 25/26. This role will support cablecast programming and enhance the Department’s capacity to deliver high-quality public broadcasts, promoting government transparency and community engagement.
Staff further recommends the following updates to ensure internal equity and competitiveness with market standards; adjusting the salary ranges for Dispatcher I (Flex), Dispatcher II, and Dispatch Supervisor to better align with comparable positions
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in the labor market. These adjustments will support the City’s efforts to retain qualified personnel in this essential service area. Additionally, it is recommended that the bargaining group of the Police Dispatch Manager and Police Records Manager classifications be amended from the Middle Management Unit to the Management/Confidential Group to reflect the scope and responsibilities of their roles more accurately. In doing so the salary range for these classifications will be amended to the closest range on the amended salary schedule.
These changes are intended to improve operational efficiency, ensure accurate job classification, and maintain alignment within the City’s organizational framework. Staff also recommends updating the City-wide salary schedule to incorporate these modifications. These recommended changes will be effective for the 25/26 fiscal year.
Background
Programming/Traffic Assistant
The Information Technology (IT) Department supports the City’s internal and external communications infrastructure, including the broadcasting of City Council meetings, commission hearings, and other public events.. Currently, there is only one (1) full- time classification that supports this function, and the department utilizes the part-time classification of Programming/Traffic Assistants to assist.
Over the past several years, the demand for consistent, high-quality broadcast coverage has increased, reflecting the City’s ongoing commitment to transparency and public access. Because of this increasing demand, there is a need to convert the Programming/Traffic Assistant to a full-time classification, and to the Salary Schedule, as it currently exists as part-time classification. In addition, there is a need to add one (1) full-time position to the IT Department to better support broadcast coverage needs.
Police Dispatcher I (Flex), Police Dispatcher II & Police Dispatch Supervisor The Police Dispatcher I (Flex), Police Dispatcher II, and Police Dispatch Supervisor classifications are critical to the City’s public safety operations. These roles are responsible for answering and dispatching emergency calls, ensuring that police services are deployed swiftly and accurately. Maintaining adequate staffing in these positions is essential—any delays or disruptions in answering emergency calls can pose significant risks to community safety.
Currently, the City is facing challenges in retaining employees in these classifications due to below-market compensation. Competing agencies offer higher salaries—often for a lower volume of calls or less complex workloads, making it difficult for the City to remain competitive. As a result, trained and experienced personnel are leaving for better-paying opportunities elsewhere, placing additional strain on remaining staff and potentially compromising service delivery.
To begin addressing this issue, staff recommends adjusting the salary ranges for Police Dispatcher I (Flex), Police Dispatcher II, and Police Dispatch Supervisor to move towards aligning them with regional market rates. Although this recommendation will
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not fully align these classifications to market, is a necessary step toward bridging the pay gap and retaining qualified employees in these critical roles.
Police Dispatch Manager & Police Records Manager
On August 21, 2024, the City Council approved Resolution No. 2024-270, amending the compensation of the Police Dispatch Manager and Police Records Manager classification. Both classifications were inadvertently assigned to Middle Management bargaining group at Range 568 ($8,406.85 - $10,459.50/month) on the City-wide Salary Schedule.
Staff recommends amending the bargaining unit for the Police Dispatch Manager and Police Records Manager positions from the Mid-Management bargaining unit to the Management/Confidential group. This adjustment is necessary to correct an administrative oversight and align these classifications with the group that fits the characteristics of their classifications.
Discussion
Programming/Traffic Assistant
Currently, the City relies on a team of three (3) part-time Programming/Traffic Assistants to manage live and recorded broadcasts. Limited staffing has created challenges in providing uninterrupted coverage, responding to technical issues in real time, and ensuring proper setup for high-visibility events.
To address these operational needs, staff recommends establishing the Programming/Traffic Assistant classification on the Salary Schedule as a full-time classification. In addition, staff recommends adding one (1) full-time Programming/Traffic Assistant position to the IT Department. The additional support will ensure reliable, professional coverage of City Council meetings, special sessions, and signature events such as the State of the City address.
The addition of one (1) full-time Programming/Traffic Assistant position in the Information Technology Department will be funded through the reallocation of the existing part-time budget.
Establishing this classification on the Salary Schedule as a full-time position will place it in the General Unit at Range 400 ($3,726.18 - $4,528.72/month) Police Dispatcher I (Flex), Dispatcher II & Dispatch Supervisor Human Resources staff completed an external salary survey and internal comparison, and the results indicate that the average maximum salary of classifications comparable to the City’s Police Dispatcher I (Flex) at other agencies is $6,060.50/month; the average maximum salary of the Police Dispatcher II classification is $6,242.67/month; and the average maximum salary of the Police Dispatch Supervisor classification is $9,372.40/month. The Police Dispatcher I (Flex) is 16.75% below the average, with Dispatcher II and Dispatch Supervisor being behind by 20.26% and 27.04%. Based on these results, staff recommends reassigning all classifications as follows:
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Current:
Police Dispatch
Range 425
Proposed:
Police Dispatch
Range 433
Classification Min Max Min Max
Police Dispatcher I (Flex) $4,270.80 $5,191.49 $4,612.46 $5,606.81 Current:
Police Dispatch
Range 456
Proposed:
Police Dispatch
Range 464
Classification Min Max Min Max
Police Dispatcher II (Flex) $4,984.72 $6,059.06 $5,383.49 $6,543.78 Current:
Mid-Management
Range 498
Proposed:
Mid-Management
Range 514
Classification Min Max Min Max
Police Dispatch Supervisor $6,069.24 $7,377.54 $6,573.40 $7,990.05 The recommended salary range adjustments for Police Dispatcher I (Flex), Police Dispatcher II, and Police Dispatch Supervisor are projected to result in an ongoing increase of approximately $223,000 in personnel costs beginning in FY 2025/26. This increase supports market alignment and employee retention in critical public safety roles. Additionally, the associated pension impacts are estimated at $14,000 for Dispatcher I, $16,000 for Dispatcher II, and $20,000 for the Dispatch Supervisor, all of which contribute to long-term UAL growth due to their pensionable nature.
Police Dispatch Manager & Police Records Manager
Lastly, staff recommends amending the bargaining group assignment for the Police Dispatch Manager and Police Records Manager classifications. These newly created classifications were inadvertently allocated to the Mid-Management bargaining unit; however, based on their job functions, including involvement in strategic department planning, and personnel management, these classifications appropriately aligned with the Management/Confidential group. Amending the bargaining group assignment will ensure accurate classification, align these positions with their true scope of responsibilities, and maintain consistency across comparable leadership roles within the organization. Amending the bargaining group will slightly impact the current salary range as follows:
Current:
Mid-Management
Range 568
Proposed:
Management
Range 574
Classification Min Max Min Max
Police Dispatch Manager $8,604.85 $10,459.50 $8,647.10 $10,511.57 Police Records Manager $8,604.85 $10,459.50 $8,647.10 $10,511.57
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The reclassification of the Police Dispatch Manager and Police Records Manager from the Mid-Management Unit to the Management/Confidential Group will result in a annual increase of approximately $26,000 each, primarily due to placement on the closest corresponding salary ranges within the amended schedule.
All recommended salary adjustments will be effective the first full pay period following adoption.
As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5.
2021-2025 Strategic Targets and Goals
Establishing and amending the classifications aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the City to ensure adequate service delivery and efficiency; and by building a culture that attracts, retains, and motivates the highest quality of talent.
Fiscal Impact
The proposed changes are projected to increase personnel costs by approximately $310,000 annually, inclusive of position adjustments and salary increases. While some of these changes—such as the Programming/Traffic Assistant—are funded through departmental reallocations, all full-time additions and salary adjustments for CalPERS- eligible positions will incrementally increase the City’s long-term pension obligations and contribute to the Unfunded Accrued Liability.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-309:
1. Establishing a full-time Programming/Traffic Assistant classification; and
2. Authorizing the City Manager or designee to add one (1) full-time Programming/Traffic Assistant position to the IT Department for FY 25/26; and
3. Amending the compensation for the Police Dispatcher I (Flex), Dispatcher II, and Police Dispatch Supervisor classifications; and
4. Amending the bargaining group and salary range for the Police Dispatch Manager and Police Records Manager classifications; and
5. Amending the City-wide Salary Schedule for full-time, part-time, temporary, and seasonal positions.
Attachments
Attachment 1 Resolution 2025-309
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Attachment 2 Resolution 2025-XXX Exhibit A- City Wide Salary Schedule Ward:
All Wards
Synopsis of Previous Council Actions:
June 4, 2025 Mayor and City Council adopted Resolution No. 2025-XXX amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.
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Resolution No. 2025-309
Resolution No. 2025-309
June 18, 2025