Mayor and City Council
August 20, 2025

RESOLUTION NO. 2025-355

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

IMPOSING LIENS ON CERTAIN REAL PROPERTY

LOCATED WITHIN THE CITY OF SAN BERNARDINO

FOR THE COSTS OF PUBLIC NUISANCE ABATEMENTS
WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the properties described in the Abatement Assessments List, a copy of which is attached hereto and incorporated herein as Exhibit A, in this Resolution; and WHEREAS, notice of the abatement costs were given to the owners of record of said properties, and any timely requested hearing has heretofore been held to hear protests of the costs of said abatement before the Administrative Hearing Officer, who determined the owner of record is responsible for the costs.

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

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

SECTION 2. Said costs are found to have been incurred by the City pursuant to proceedings under the San Bernardino Municipal Code, and the final statement of costs on file with the City Clerk is hereby confirmed and adopted as special assessments against the properties listed in Exhibit A.

SECTION 3. Said sum shall become a lien on said property pursuant to San Bernardino Municipal Code 8.30.050 and shall be collected as a special assessment.

SECTION 4. The City Clerk is hereby directed to file a certified copy of this Resolution, including Exhibit A, showing such sums as remained unpaid, to the Recorder and the Auditor of the County of San Bernardino, State of California, directing that each sum be entered as a lien charged against the property as it appears on the current assessment rolls, to be collected at the said time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the City of San Bernardino are collected.

SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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Resolution No. 2025-355
Resolution No. 2025-355
August 20, 2025

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of August 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2025-355
Resolution No. 2025-355
August 20, 2025

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-355, adopted at a regular meeting held on the 20th day of August 2025, by the following vote:

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

Telicia Lopez, CMC, Acting City Clerk
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EXHIBIT "A"

ABATEMENT ASSESSMENTS

ADDRESS OWNER DATE ABATED WARD COST
1454 E HIGHLAND AVE ORAM SB LLC 07/09/24, 11/01/24 & 01/08/25 7 $8,313.78 0 EVANS ST DERAS, EFRAIN I 03/26/25 - 04/16/2025 2 $41,913.61 245 E HIGHLAND AVE BANK OF AMERICA NA 03/25/25 2 $1,023.66 2350 N OSBUN RD #2 CALLAGHAN, DONALD D 10/03/24 2 $900.76 1788 W 5TH ST FIFTH STREET PLAZA LLC 04/05/25, 04/11/25 & 04/16/25 1 $7,223.10 269 ENNIS ST JACKSON, JAMES W JR/ NUNEZ, BEATRIZ 10/06/23 3 $18,042.60 4095 N SIERRA CARDENAS, DAVID 11/13/23 4 $11,000.00
Total: $88,417.51
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Ordinance No. MC -1521
1 R11RN- _._ LC/1Wf1X&[offF•3 i l

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING CHAPTERS 2. 45, 8.24, 8.30, 8.36, 9.92, 15. 04,

15.05, 15.20, AND 15.28 OF THE SAN BERNARDINO
MUNICIPAL CODE, AND ADDING CHAPTER 9.94 OF

THE SAN BERNARDINO MUNICIPAL CODE, RELATED

TO VARIOUS CODE ENFORCEMENT PROCEDURES,

INCLUDING THE CITY' S ADMINISTRATIVE HEARING

PROCEDURES AND APPEALS PROCEDURES
WHEREAS, the City previously adopted Ordinance No. MC -1474, which established the Building and Accessibility Appeals Board and dissolved the Board of Building Commissioners, as permitted by Health and Safety Code section 19957.5( a); and WHEREAS, this Ordinance amends Chapter 2.45 to dissolve the Building and Accessibility Appeals Board and establish the Building Appeals Board in order to comply with Health and Safety Code section 17920. 5, ease the Board' s membership qualifications, and make reaching a quorum easier; and
WHEREAS, this Ordinance also amends Chapter 2.45 to clarify and elaborate on the procedures for appeals before the Building Appeals Board; and WHEREAS, Ordinance No. MC -1474, when dissolving the Board of Building Commissioners, did not eliminate lateral references to that board elsewhere in the San Bernardino Municipal Code, and
WHEREAS, this Ordinance amends Chapters 8.24, 8. 3 6, 8. 69, 9. 92, 15. 04, 15. 20, 15. 26,

15.27, and 15. 28, in part, to eliminate erroneous references to the defunct Board of Building Commissioners; and
WHEREAS, this Ordinance adds Chapter 9. 94 to the San Bernardino Municipal Code to create a uniform process for the handling of administrative hearings and appeals where such rights are granted in the San Bernardino Municipal Code; and WHEREAS, this Ordinance amends the appeal procedures in Chapters 8. 24, 8. 30, 8. 36,

9.92, 15. 04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code to clarify hearing and appeal procedures and to refer hearings and appeals to the appropriate body, whether that be the Building Appeals Board under Chapter 2.45 or a hearing officer under Chapter 9.94; and WHEREAS, this Ordinance amends the San Bernardino Municipal Code and assigns appeals to be heard by the Building Appeals Board consistent with the right granted under California Building Code section 1. 8. 8. 3; and
WHEREAS, this Ordinance amends the San Bernardino Municipal Code to refer all other hearings and appeals to Chapter 9. 94 of the San Bernardino Municipal Code; and 1 of 32 —
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WHEREAS, this Ordinance amends Section 8.24. 100" of Chapter 8. 24, Solid Waste Collection, Removal, Disposal, Processing and Recycling, to specify the appealable acts of the City Manager and provide for appeals to a hearing officer under new Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 8. 30, Public Nuisances, to clarify the procedures for summary abatement and demolition procedures, including providing notice to property owners, recovery of abatement costs, and procedures for hearings and appeals; and WHEREAS, this Ordinance amends Chapter 8. 36, Abandoned Vehicles, to clarify the notice to be provided before abatement of a vehicle, eliminate the unique hearing procedures therein, and instead provide for appeals to a hearing officer under Chapter 9. 94; and WHEREAS, this Ordinance amends Chapter 9.92, Administrative Citation Process, to authorize the City to collect- delinquent administrative citation fines via any legal means, eliminate collection of delinquent administrative citation fines via liens, and eliminate the second tier of administrative appeal before an appellant may seek judicial review of an administrative citation; and
WHEREAS, this Ordinance amends Chapter 15. 04, Building Codes, to adopt all parts of the California Building Standards Code, to eliminate adoptions of other unnecessary uniform codes, and to eliminate an erroneous reference to an impermissible method to calculate fees for building permits; and
WHEREAS, this Ordinance amends Chapter 15. 05, Property Maintenance Code, to correct a reference to the current edition ofthe International Property Maintenance Code; and WHEREAS, this Ordinance amends Chapter 15.20, Certificate of Occupancy, to provide for appeals to a hearing officer under new Chapter 9. 94; and WHEREAS, this Ordinance amends Chapter 15.28, Dangerous Buildings, which amends the 1997 Uniform Code for the Abatement of Dangerous Buildings adopted by reference in the San Bernardino Municipal Code, to authorize the Code Enforcement Division to exercise the authority granted to the building official, to clarify the authority of the building official to secure buildings ordered vacated, to clarify the right to appeal orders under this code, and to clarify the City' s authority to recover costs of abatements done under this code; and WHEREAS, this Ordinance amends various tables of contents, the numbering of certain sections, section titles, and substantive provisions in order to correct errors, clarify meaning, and as otherwise required according to the foregoing amendments; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
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SECTION 2. Chapter 2.45 of Title 2 ofthe San Bernardino Municipal Code is hereby amended to state in full as follows:
44 Chapter 2.45

BUILDING APPEALS BOARD
Sections:

2.45. 010 Members

2.45.020 Reserved]

2. 45. 030 Duties

2. 45. 040 Review of the Board' s Decision

2.45.050 Oath of Office

2.45.060 Chair - Meetings

2.45.070 Quorum

2.45.080 Hearing Procedures

2.45. 010 Members - Appointment
The Building Appeals Board shall be comprised of the members of the San Bernardino Planning Commission, as defined in Section 2.22.010 of this Code. Members shall be appointed on a basis of knowledge in the applicable building codes, regulations, and ordinances of the City, and must be qualified by training and experience to pass on matters pertaining to building construction.

2.45.020 [ Reserved]

2.45.030 Duties
Pursuant to Section 1. 8. 8 of the California Building Code, the Board shall have the duty to consider appeals of orders, decisions, and determinations of the City of San Bernardino Building Official relating to the building standards of the California Building Standards Code.

The Board is authorized to establish policies and procedures necessary to carry out its duties.

2. 45. 040 Review of the Board' s Decision
The decision of the Board may be appealed to the City Council in accordance with Chapter 2. 64 of this Code. The City Council' s decision on an appeal from the Board' s decision is final and binding. Pursuant to Code of Civil Procedure Section 1094. 5 and 1094. 6, any action to review a decision of the City Council shall be commenced not later than the ninetieth ( 90th) day after the date the City Council' s order is adopted.

2.45.050 Oath of Office
Prior to undertaking his or her duties as a member of the Board, the member shall subscribe and file his or her official oath of office with the City Clerk. 3 of32—
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2.45.060 Chair - Meetings
A. The Chairperson of the Board shall be the Chairperson of the Planning Commission, or his or her designee. The Board shall meet only as required to consider an appeal within its jurisdiction.

B. The Board shall meet at such times and dates, and in such places, as shall be designated by the Chairperson of the Board.

C. Meetings ofthe Board shall be open to the public and shall be governed by the provisions of the Ralph M. Brown Act, Sections 54950. 5, et seq., California Government Code, except as otherwise provided by law.

D. A member shall not hear an appeal in which that member has a personal, professional, or financial interest.

2.45.070 Quorum
Any five members in attendance at any meeting shall constitute a quorum.

2.45.080 Hearing Procedures
A. The Board shall meet upon notice from the chairperson.

B. The appellant, the appellant' s representative, the Building Official, the Building Official' s representative, and any person whose interests are affected shall be given an opportunity to be heard.

C. The Board shall adopt and make available to the public procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.

D. A quorum of the Board shall hear an appeal.

E. The Board may modify or reverse the decision of the Building Official by a concurring vote of a majority of its members. The authority of the Board to render a decision is limited to the scope of authority of the Building Official in the first instance. The Board has no authority to waive a requirement ofthe California Building Standards Code.

F. The Board must issue a written decision with findings within a reasonably prompt time after filing ofthe appeal.

SECTION 3. Subdivision H of Section 8. 24. 100 of Chapter 8. 24 of Title 8 of the San Bernardino Municipal Code is hereby amended to state as follows ( omitted provisions not amended represented by ellipses [... ]):

8. 24. 100 Construction and Demolition Debris Recycling Program 4of32—
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H. Appeal.

Any appellant aggrieved by the decision of the City Manager relating to a Security Deposit under Section 8. 24. 100( D) or Section 8.24. 100( E) may appeal the decision to the hearing officer in the manner provided in Chapter 9.94 ofthis Code.

SECTION 4. Various Sections of Chapter 8. 30 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended represented by ellipses I...)):
rG
Chapter 8.30

PUBLIC NUISANCES
Sections:
830.010 Purpose

8.30. 015 Definitions

8.30.020 Declaration of nuisances
830.021 Summary/Emergency Abatement

8.30.022 Summary/ Emergency Abatement Post -Abatement Hearing

8.30.023 Method of giving notice

8.30. 025 Determination of nuisance

8. 30.026 Additional Requirements for Demolition of Buildings or Structures 830.030 Appeal

8.30.035 Time limit for compliance

8.30.040 Abatement by City

8.30. 041 Invoice of abatement costs

8.30.042 Recovery of attorneys' fees and report of attorneys' fees 830.043 Treble damages

8.30. 045 Hearing on nuisance abatement costs
830. 050 Council action

8.30.055 Imposition of special assessment lien and notice

8.30.056 Recording of nuisance abatement lien

8.30.060 Collection of costs and attorney' s fees prior to hearing

8.30.065 Alternative remedies

8.30.070 Violation - Penalty

8.30. 015 Definitions
For the purpose of this Chapter the following words and phrases shall have the meanings given herein:
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c) " Administrative Hearing Officer" or " Hearing Officer" shall mean any individual appointed by the City Manager of the City of San Bernardino, or his/ her designee, to hear the appeal under this Chapter..
h) " Code Enforcement Director" shall mean the Chief of Police for the City of San Bernardino, or his or her designee.

8.30.021 Summary/Emergency Abatement
Notwithstanding any other provision of this Chapter with reference to the abatement of public nuisance, the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer, Director of Public Works, Building Official, or their designees, shall have the authority to immediately cause the abatement of any public nuisance if it is determined that the nuisance presents an immediate threat to public health or safety, or an imminent hazard to real or personal property, in their sole discretion. Any such abatement activity may be conducted without observance of any notice requirements described in this chapter. The City is entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard as set forth in this chapter.

8.30.022 Summary/ Emergency Abatement Post -Abatement Hearing A. Within 10 business days, or as soon as reasonably possible under the circumstances, following any summary abatement action by the City to abate an immediate threat to public health or safety, or imminent hazard to real or personal property, the City must provide the owner and any other responsible person with a " Notice of Summary Abatement." B. The Notice of Summary Abatement shall be served in accordance with Section 8. 30.023 of this Chapter and contain the following information:
1) A brief description of the condition and reasons why it constituted an imminent threat or hazard;
2) A brief description of the law prohibiting or pertaining to the imminent threat or hazard; 3) A brief description of the actions the City took to abate the imminent threat or hazard; and
4) An itemized invoice identifying all nuisance abatement costs related to the summary abatement. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property.

C. The City' s determination that a public nuisance constituted an imminent threat or hazard may be appealed as set forth in Section 8. 30.030. The invoice of abatement costs may be appealed as set forth in Section 8. 30.045. Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the City. If the owner or other responsible person fails to make timely, full payment of the abatement costs within 45 days of issuance of the Notice of Summary Abatement or as ordered by the hearing officer after any appeal, the City may then proceed to collect its abatement costs in any manner allowed by law, including as set forth in Section 8. 30.055. 6of32—
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D. Omission of any of the foregoing provisions in a Notice of Summary Abatement, whether in whole or in part, or the failure of an owner or responsible person to receive this document, does not render it defective or render any proceeding or action pursuant to this chapter invalid.

E. The decision ofthe Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer' s decision shall be governed by California Code of Civil Procedure Section 1094. 6 or such section as may be amended from time to time.

8.30.026 Additional Requirements for Demolition ofBuildings or Structures A. Whenever the Code Enforcement Director, or designee, intends to abate a public nuisance by demolition of a building or structure, the City must comply with the following additional requirements:
1) The Notice to Abate must contain a statement that the City intends to abate the nuisance with City personnel or contractors by demolition of a building or structure ifthe nuisance conditions are not repaired, rehabilitated, removed, terminated, or demolished within the compliance deadline set forth in the Notice to Abate.
2) The City shall serve the Notice to Abate on all secured lienholders of record with the San Bernardino County Recorder' s Office;
3) Entry onto any real property to abate a public nuisance by demolition of a building or structure must be pursuant to a warrant or other order issued by a court of competent jurisdiction
B. The provisions of this section do not apply in cases involving summary or emergency abatement under Section 8.30.021 ofthis Code.

8.30. 030 Appeal
A. Within ten days from the date of giving notice to abate, the violator may file an appeal to the determination of the nuisance with the City Clerk. Such appeal shall be in writing and shall identify the property subject to the Notice to Abate. The City Clerk shall then cause the matter to be set for hearing before a Hearing Officer contracted by the City to hear such matters.

B. Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than fifteen days from the date when notice of the hearing is given to the appellant and to the Code Enforcement Division.

C. At the time fixed in the notice, the Administrative Hearing Officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance.

D. At the conclusion of the hearing, the Hearing Officer shall determine whether or not a nuisance exists, and if the Hearing Officer so concludes, he may declare the conditions existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within ten days after the date of posting on the premises a notice of the Hearing Officer's order. The Hearing Officer may amend time to abate the nuisance, ifin his or her opinion, there exists good cause for the amendment of time to abate. Ifthe City is the 7of32—
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prevailing party, the Hearing Officer' s decision shall order the responsible parties to pay the confirmed nuisance abatement costs to the City within 30 calendar days, and shall specify that any confirmed nuisance abatement costs not paid within 30 calendar days shall become a lien and special assessment against the property.

E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer' s decision shall be governed by California Code of Civil Procedure Section 1094. 6 or such section as may be amended from time to time. 830. 035 Time limit for compliance
The violator must abate the nuisance within the period of time set forth in the Notice to Abate, or, in case of an appeal, within ten days from the finding of the Hearing Officer or such longer period as may be determined by the Administrative Hearing Officer.

Unless an emergency situation exists, the violator shall be given at least ten days to abate the nuisance.
830.041 Invoice of abatement costs
A. In accordance with this Chapter, the City shall serve upon each responsible party and each interested party an invoice identifying all nuisance abatement costs related to a nuisance abatement action.

B. Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the City. Payment shall be submitted to the City as specified in the invoice. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property.

C. The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in Section 8. 30.045. If the cost is not protested within 15 calendar days after service, it shall be deemed final.

8.30.045 Hearing on nuisance abatement costs
A. Any responsible party or interested party to whom an invoice has been issued may, within 15 calendar days from the date ofthe invoice, request a hearing to protest the cost of abatement by filing a written request for a hearing on the abatement costs with the City Clerk. The request for hearing must contain the following information:
1) The requestor' s full legal name;
2) The requestor' s mailing address and telephone number; 3) The amount of nuisance abatement costs disputed;
4) The specific legal and factual grounds for all disputes of the invoice and nuisance abatement costs.

B. The failure of any party to properly and timely request a hearing is a waiver of the right to contest the invoice, a waiver of the right to a hearing, a failure to exhaust administrative 8of32—
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remedies, and a bar to any further challenge to the City' s invoice and nuisance abatement costs.

C. If a hearing is timely and properly requested, the City Clerk shall cause a Hearing to be set before the Hearing Officer. The City shall provide notice of the date, time, and location of the hearing to all parties at least 10 calendar days before the hearing. At the time fixed for the hearing, the Hearing Officer shall hold an informal hearing to consider the invoice and protests or objections raised by the requestor.

D. At the conclusion of the hearing, or within 5 days thereafter, the Hearing Officer shall issue a decision approving, denying, or modifying the amount of the nuisance abatement costs that the City is entitled to recover.

E. The decision of the Hearing Officer shall be in writing and shall be served by mail. The decision of the Hearing Officer on the abatement costs shall be final. If any cost recovery is upheld, even in part, the City shall be the prevailing party. If cost recovery is entirely denied, the requesting parties shall be the prevailing parties.

F. Any appeal of the Hearing Officer' s decision shall be governed by California Code of Civil Procedure Section 1094. 6 or such section as may be amended from time to time.

SECTION 5. Various Sections of Chapter 8. 36 of Title 8 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended represented by ellipses [... ]):

Chapter 8.36

ABANDONED VEHICLES
Sections:

8.36. 010 Findings

8.36.020 Definitions

8. 36.030 Applicability

8.36.040 Chapter not exclusive

8.36.050 Administration and enforcement

8.36.060 Rights of franchisee to enter private property

8.36.070 Assessment of administrative costs

8.36.080 Abatement authority

8.36.090 Ten-day notice required

8.36.100 Public hearing

8.36. 110 Hearings to be held before hearing officer

8.36.120 Reserved]

8.36.130 Removal of vehicle to scrapyard

8.36. 140 Notice to Department of Motor Vehicles of removed vehicles

8.36.150 Assessment of charges against land

8.36. 160 Violation - Penalty
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8.36.090 Ten- day notice required
A ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be issued. Such ten- day notice of intention to abate shall be mailed by certified mail or registered mail, return receipt requested, to the owner of the land, as shown on the last equalized assessment roll, and to the last registered owner and/ or legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. All notices must identify the vehicle. Notices mailed to the owner of land must advise that failure to comply with the notice may result in abatement by the City, and costs being assessed against the property. All notices must advise that an aggrieved parry may appeal and describe the procedures for filing an appeal.

8. 36. 100 Public hearing
A. The owner of the vehicle or owner of the land that is the subject of a ten- day notice issued under this Chapter may appeal the notice to a hearing officer in the manner provided in Chapter 9.94 of this Code.

B. The appeal must be filed within 10 days following issuance of the ten-day notice. If such a request for hearing is not received by the City within said ten days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing.

8. 36. 110 Hearings to be held before hearing officer
A. The hearing officer may impose such conditions and take such other action as the hearing officer deems appropriate under the circumstances to cavy out the purpose of this Chapter.

The hearing officer may delay the time for removal of the vehicle or part thereof if, in the hearing officer' s opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property, and may order the same removed from the property as a public nuisance and disposed of as hereinafter provided, and may determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle if available at the site.

B. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner.

C. The decision of the hearing officer in an appeal under Chapter 9. 94 of this Code is final. 836. 120 [ Reserved]
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SECTION 6. Various Sections of Chapter 9.92 of Title 9 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended represented by ellipses [... ]):
64 Chapter 9. 92

ADMINISTRATIVE CITATION PROCESS
Sections:

9.92. 010 Legislative Findings and Statement of Purpose

9.92.020 Administrative Law Officer

9.92.030 Use of Administrative Citation

9. 92. 040 Violation; Authority; Fines

9. 92. 050 Service Procedures

9.92.060 Contents of Citation

9. 92.070 Satisfaction of the Administrative Citation

9. 92. 080 Request for Hearing on an Administrative Citation

9.92.090 Failure to Pay Fines

9.92. 100 Publication and Availability of Rules and Regulations

9.92.110 Representation at Hearings

9.92. 120 Conduct of Hearings

9.92.130 Orders

9. 92. 140 Disposition of Fines

9.92. 150 Punishment of Violations by Imprisonment

9. 92. 160 Administrative Adjudication Procedures Not Exclusive

9.92. 170 Applicability of Administrative Adjudication Procedures

9.92.180 Right to Judicial Review

9.92.190 Severability

9. 92. 090 Failure to Pay Fines
A. Any person who fails to pay to the City any fine imposed pursuant to the provisions of this Chapter on or before the date that fine is due is liable for the payment of any applicable interest charges.

B. The delinquent obligation shall bear interest at a rate of 10 percent per year. Interest shall be calculated on a prorated monthly basis from the date such obligation becomes delinquent to the date it is paid.

C. The City may collect any delinquent administrative citation fines or interest charges by use of all available legal means, including personal collection from the responsible parties.

D. The City also may recover all costs, expenses, and fees, including attorneys' fees, associated with the assessment, enforcement, processing, and collection of the fines associated with the administrative citation in accordance with the provisions of this Code. 11 of32—
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9. 92. 170 Applicability of Administrative Adjudication Procedures A. Notwithstanding any other provision ofthe ordinances ofthe City or this Code, all provisions of this Code or ordinances, may be enforced by instituting an administrative adjudication hearing with the Administrative Law Officer as provided in this article.

B. Notwithstanding any other provision of the ordinances of the City or this Code, any enforcement action, including but not limited to license or permit suspension or revocation, which may be exercised by another department of the City may also be exercised by the Administrative Law Officer as provided in this article.

9. 92. 180 Right to Judicial Review
Any decision of the Administrative Law Officer is final, subject to judicial review.

Within 20 days after service ofthe decision ofthe Administrative Law Officer upon the party to the administrative adjudication hearing, that person may seek judicial review of the decision by filing an appeal with the Superior Court of the State of California, in the County of San Bernardino, in accordance with California Government Code section 53069. 4. The appealing party must serve upon the City Clerk, either in person or by first-class mail, a copy of the notice of appeal. If the appealing party fails to timely file a notice of appeal, the hearing officer' s decision is deemed confirmed."
SECTION 7. Chapter 9.94 of Title 9 of the San Bernardino Municipal Code is hereby added to state in full as follows:
rc
Sections:

9. 94.010

9.94.020

9.94.030

9.94. 040

9.94.050

9.94. 060

9.94.070

9. 94. 080

9.94.090

9. 94. 100

9.94.110

9.94.120

9. 94. 130

9.94. 140
Chapter 9. 94

ADMINISTRATIVE HEARINGS AND APPEALS
Definitions
Purpose and Intent
Scope
Hearing Officer— Selection and Qualifications
Powers and Duties of Hearing Officer
Right to Appeal; Consequence of an Untimely or Incomplete Appeal Administrative Hearings—Notice Procedures
Administrative Hearings—Conduct of Hearing
Decision of the Hearing Officer
Methods of Service
Costs
Judicial Review
Limitation on Jurisdiction
Severability
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9. 94. 010 Definitions
The following definitions apply in the interpretation and enforcement of this Chapter.

A. " Action" means an act or decision by an administrative officer or administrative agency for which a right to appeal under the provisions ofthis Chapter is granted in this Code.

B. " Administrative agency" means an organ of the city government other than the City Council which under the direction of the City Manager has responsibility for carrying out or enforcing the rules, regulations, and ordinances of the city, but not including boards and commissions of the city.

C. " Administrative officer" means an officer of the city who is not a member ofthe legislative body or appointed boards or commissions. Such officers include but are not limited to the City Manager, chief of police, fire chief, director of planning and building, director of transportation, director of public works, or similar officer.

D. " Aggrieved person" means any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from.

E. " Appellant" means any aggrieved person who files an appeal.

F. " Code" means the San Bernardino Municipal Code.

G. " Hearing officer" means any person duly qualified and authorized by this Chapter to hear and review appeals under this Chapter.

H. " Respondent" means the administrative officer or agency which took the action appealed from, and any other administrative officer or agency named as respondent in an appeal.

9.94.020 Purpose
It is the purpose and intent of the City Council to afford due process of law to any person who is directly affected by an action or decision of an administrative agency or officer. These procedures are also intended to establish a forum to efficiently and fairly resolve administrative appeals.

9.94.030 Scope
The hearing officer hears appeals from actions taken by an administrative officer or administrative agency when a right to appeal under the provisions of this Chapter is granted in this Code. Except where this Code prescribes another procedure, the rules and procedures pertaining to appeals are as stated herein. The rules and procedures pertaining to appeals under this Chapter may be supplemented or modified as stated in the chapter that grants a right to appeal under these provisions. The hearing officer has no authority to hear appeals of any action taken by the City Council or any other board or commission of the City. 13 of 32—
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9.94. 040 Hearing Officer— Selection and Qualifications A. The City Manager must establish procedures for the selection of a qualified person to serve as hearing officer for each matter appealed under this Chapter. Hearing officers must be selected in a manner that avoids the potential for pecuniary or other bias.

B. For purposes of this section, " qualified person" includes an individual with a background in the practice of law or with a background in local governance, that is particularly experienced or knowledgeable about the subject matter at issue, or that is otherwise deemed qualified by the City Manager.

9.94. 050 Powers and Duties of Hearing Officer
A. As provided by Section 9. 94.030, the hearing officer hears all appeals in accordance with the procedures contained in this Chapter or as supplemented or modified in the chapter granting a right to appeal hereunder.

B. The hearing officer is authorized to issue decisions and take all actions necessary and proper to carry out the functions of the hearing officer in this Chapter, including:
1) Hold conferences for settlement or simplification ofthe issues; 2) Administer oaths and affirmations;
3) Hear testimony;
4) Rule upon motions, objections, and the admissibility of evidence; 5) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;
6) Regulate the course of the hearing in accordance with this Chapter or other applicable law; and
7) Issue a final order which includes findings of fact and conclusions of law.

C. The hearing officer may request information, services, facilities, or any other assistance for the purpose of furthering the objectives ofthis Chapter.

D. At the hearing, the hearing officer must hear and consider the testimony of the appellant, respondent, and their witnesses, as well as any documentary evidence presented by these persons.

E. The hearing officer must ensure that parties receive a fair hearing and are afforded due process in accordance with the applicable State and federal law governing such hearings. 14of32—
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9. 94. 060 Right to Appeal; Consequence of an Untimely or Incomplete Appeal Except where this Code prescribes another procedure, the following hearing request procedures apply to appeals under this Chapter.

A. Any aggrieved person may contest an action taken by an administrative officer ofthe City, as provided in Section 9.94. 030, by filing a written notice of appeal with the City Clerk within 15 calendar days. No fee shall be due for the filing of an appeal. The notice of appeal must also include payment to the City Clerk of the appeal fee, as established or amended from time to time by resolution ofthe City Council.

B. The notice required by Subsection (A) must be filed no later than 15 days following the date ofmailing to appellant ofnotice ofthe action from which the appeal is taken or, ifthere is no such mailing or none is required, no later than 15 days following the date of the action that is the subject of the appeal.

C. A written notice of appeal must contain the following information:
1) The full name, mailing address, e-mail address, and telephone number of each appellant who is appealing the action;
2) A description of the specific action or decision being appealed, including the date of the action;
3) The grounds for appeal in sufficient detail to enable the hearing officer to understand the nature ofthe controversy; and
4) The signature of an appellant.

D. If the City Clerk does not receive a timely notice of appeal, if the notice of appeal is incomplete, or ifthe notice of appeal does not comply with all of the requirements set forth in this section, the right to appeal the action is waived. In this event, the action is final and binding. A failure to file a timely or proper notice of appeal also constitutes a failure to exhaust administrative remedies.

9.94.070 Administrative Hearings—Notice Procedures
Except where this Code prescribes another procedure, the following hearing notice procedures apply to appeals under this Chapter:

A. No hearing before a hearing officer under this Chapter may be scheduled or held unless a timely and proper notice of appeal has been submitted to the City Clerk as set forth in Section 9. 94. 060.

B. The City Clerk must schedule the hearing no sooner than 15 days and no later than 60 days from receipt ofthe notice of appeal, unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action ofthe hearing officer. 15 of 32 –
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C. The City Clerk must provide a copy of the appeal to the respondent within five days after filing.

D. The City Clerk must notify the appellant, respondent, and City Attorney in writing of the date, time, and location ofthe hearing at least 15 days before the date ofthe hearing.

E. Failure to receive notice of the time and place of the hearing shall not dismiss any violation at issue or invalidate any action of the hearing officer, ifthe notice was given in the manner stated in Subsection (D) ofthis Section.

F. The notice of hearing may be served by any of the methods of service listed in Section

9.94. 100 of this Chapter.

G. Unless the notice of appeal names some other respondent, the administrative officer or administrative agency that took the action or made the decision being appealed is designated the " respondent."

9. 94. 080 Administrative Hearings— Conduct of Hearing
A. Participation. The hearing officer must be present at all times to preside over the hearing.

All hearings are open to the public. The respondent, or another City representative, is required to participate in the hearing. The appellant is required to participate in the hearing.

B. Evidence, Witnesses, and Discovery. All parties have the right to present evidence and cross-examine witnesses. The formal rules of evidence and discovery do not apply. The rules of privilege are effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence may be excluded. Oral evidence may be taken only on oath or affirmation. The appellant and respondent may represent themselves or be represented by anyone oftheir choice.

C. Cross -Examination. No party shall have the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the hearing officer. Each party may cross- examine witnesses.

D. Interpretation and Recordation. The appellant may bring an interpreter to the hearing at his or her sole expense. The City may, at its discretion, record the hearing by stenographer, court reporter, audio recording, or video recording.

E. Subpoenas. In any hearing conducted by the hearing officer, he or she has the power to compel the attendance of witnesses for the production of evidence by subpoenas issued under the authority of the City Council and attested by the City Clerk. Subpoenas may also be issued at the request ofthe parties prior to the commencement of such hearing. No subpoena may be issued for any reason without the concurrence of the City Attorney that there is good cause for such subpoena to be issued, and such subpoena is approved by the City Council. It is the duty of the Chief of Police to cause all such subpoenas to be served, and the refusal of a person to attend or to testify in answer to such a subpoena subjects the person to prosecution in the same manner set forth by law for failure to appear before the City Council in response to a subpoena issued by the City Council.
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F. Proof. The standard of proof applicable to the hearing and to be used by the hearing officer in deciding the issue on appeal is proof by a preponderance of the evidence. The respondent bears the burden of proof at the hearing. The hearing officer determines relevancy, weight, and credibility of testimony and evidence.

G. Continuances. The hearing officer, before or during a hearing, may grant a request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties.

H. Failure of Appellant to Appear. Ifthe appellant fails to appear at the hearing, the hearing officer may cancel the hearing and send a notice thereof to the appellant to the address stated on the appeal form. A cancellation of a hearing due to non-appearance of the appellant waives the right to appeal and is failure to exhaust all administrative remedies, provided that proper notice of the hearing as required by this Chapter has been provided. In such instances, the action is final and binding.

9.94.090 Decision of the Hearing Officer
A. The hearing officer must render his or her decision in accordance with the provisions of this Chapter, applicable law, and all ordinances ofthis City.

B. The hearing officer' s decision must be in writing and must set forth the hearing officer' s findings of fact and conclusions oflaw.

C. The hearing officer must render a decision within 15 days following the conclusion of the hearing. Failure of the hearing officer to render a decision within this time period does not invalidate any action ofthe hearing officer.

D. The hearing officer' s decision must be served on all parties in accordance with Section

9. 94. 100. Failure of a person to receive a properly -served decision does not affect the finality or effectiveness of the decision.

E. The hearing officer' s decision is the final administrative decision of the City regarding the action that is the subject of the appeal. The hearing officer' s decision is effective on the date of service ofthe decision. The decision must contain the following statement: " The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094. 6 et seq.

9.94. 100 Methods of Service
A. Except where this Code prescribes another procedure, any notice or document required to be served under this Chapter must be served by personal service or first-class mail.

B. Service is deemed effective on the date it is personally delivered or mailed. 17of32—
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C. Failure of any person to receive a document properly served under this Chapter does not affect the validity of the notice or document, service, or any action or proceeding under this Chapter.

9.94. 110 Costs
Nothing herein limits the City' s ability to seek recovery of its costs or fees incurred in connection with the hearing if authorized by law. The City shall keep an accounting of the hearing costs. If any portion ofthe action is upheld, even in part, the City is the prevailing party.

9. 94. 120 Judicial Review
The decision of the hearing officer is not subject to appeal to the City Council or any board or commission of the City. Once the hearing officer' s decision becomes final as provided in this Chapter, the appellant must both bring judicial action to contest such decision and provide the City with a notice of the action within 90 days after the date of such decision of the hearing officer, in accordance with the Code of Civil Procedure section 1094.6. Failure to do so means all objections to the hearing officer' s decision are waived.

9.94. 130 Limitation on Jurisdiction
The hearing officer shall not consider appeals of orders, decisions, and determinations of the City of San Bernardino Building Official relating to the building standards of the California Building Standards Code, which must be considered by the Building Appeals Board pursuant to Section 2. 45. 030 of this Code.

9.94. 140 Severability
The provisions ofthis Chapter are severable, and, if any sentence, section or other part of this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect." SECTION 8. Various Sections of Chapter 15. 04 of Title 15 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended represented by ellipses [...]):

Chapter 15.04

BUILDING CODES
Sections:

15. 04. 010 Citation

15.04.020 Adoption of Codes by Reference

15. 04. 030 Applicability

15.04.040 Definitions

15.04. 050 CBC Chapter 1, Section 105. 5. 1 is added - Prima Facie Evidence of Abandoned Work
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15. 04. 060 CBC Chapter 1, Section 112. 1. 1 is added- Board of Appeals Designated

15.04.070 CBC Chapter 1, Section 105. 2, Item 2 is Amended Fences Not Requiring a Building Permit

15.04. 080 [ Reserved]

15.04.090 CBC Section 2204.1. 1 is added- Qualification of Welding Operators.

15.04. 100 CBC Section 3109. 1. 1 is added- Barriers for Swimming Pools

15. 04. 110 CBC Appendix J, Section J101 . 3 is added - Alquist- Priolo Earthquake Fault Zones

15.04. 120 CBC Appendix J, Section J101. 4 is added - Enforcement Authority

15.04. 130 On- site Improvement Permit

15. 04. 140 Preparation of Grading Plans

15. 04. 150 On -Site Improvement Plans and Specifications

15.04. 160 Information on On -Site Improvement Plans

15.04.170 On-site Improvement Plan Review and Permit Fees

15. 04. 180 Inspection of On -Site Improvements

15.04.190 Bonds Required

15.04.200 CBC Appendix J, Section J110. 1 is added- Planting of Slopes

15.04.210 CBC Appendix J, Section J112 is added- Grading Operations

15.04.220 CBC Appendix J, Section J110. 3 is added- Final Repots

15.04.230 Driveway Configurations

15.04.240 Location of Slopes

15.04.250 Automatic Fire Sprinkler Systems- Residential Additions

15. 04. 260 Stop Work Order

15. 04. 020 Adoption of Codes by Reference
A. Adoption ofthe California Building Standards Code by Reference Those certain rules and regulations as set forth in the following codes are hereby adopted and by this reference are made a part of this Code with the force and effect as though set out herein in full, with the exception ofthose parts expressly excepted and deleted or as amended by this Code, as the regulations governing the erection, construction, alteration, change of occupancy, repair, removal, and maintenance of all buildings and other structures in the City:

The 2016 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, incorporating those state adopted model codes listed pursuant to Health and Safety Code Section 17922, and all state adopted amendments thereon, and incorporating:

A. California Building Code ( CBC), 2016 edition, and Appendix J thereto; B. California Electrical Code (CEC), 2016 edition;
C. California Mechanical Code ( CMC), 2016 edition;
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D. California Plumbing Code ( CPC), 2016 edition;
E. California Green Building Standards Code (CGBSC), 2016 edition; and F. California Residential Code ( CRC), 2016 edition;
G. California Energy Code, 2016 edition;
H. California Historical Building Code, 2016 edition;
I. California Fire Code, 2016 edition;
J. California Existing Building Code, 2016 edition.

B. Adoption of Other Codes by Reference
In addition to the California Building Standards Codes, those certain rules and regulations, as set forth in the following codes, and appendices are hereby adopted by reference and shall regulate the erection, construction, change of occupancy, alteration, repair, removal and maintenance of all buildings and other structures in the City:

1. Uniform Code for the Abatement of Dangerous Buildings ( UCADB), 1997 edition;

2. International Property Maintenance Code ( IPMC), 2015 edition C. Copies of all Codes listed above shall be on file in the Community Development Department Office for inspection and reference and copies of each code shall be furnished to the Building Official and each deputy.

15. 04.030 Applicability
It shall be unlawful to erect, construct, change the occupancy, alter, repair, rehabilitate, remove, move or maintain any building or structure, or grade or alter any land, in the City in violation of, or without complying with the appropriate provisions of this Chapter.

The California Building Standards Code shall govern and prevail in the event of any inconsistency or conflict between the building standards within the California Building Standards Code, as adopted and amended by the City, and the building standards in any other code.

15. 04. 050 CBC Chapter 1, Section 105. 5. 1 is added - Prima Facie Evidence of Abandoned Work
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Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 365 day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired.

15.04.060 CBC Chapter 1, Section 113. 1. 1 is added Board of Appeals Designated Section 113. 1. 1 Board ofAppeals Designated

1. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of the building standards of this code, the Building Appeals Board of the City of San Bernardino, established under Chapter 2. 45 of this Code, shall serve as the Board of Appeals. The Building Appeals Board has such duties as are delegated to it by the California Building Standards Code and Chapter 2.45 of the San Bernardino Municipal Code.

15. 04. 070 CBC Chapter 1, Section 105.2, Item 2 is Amended - Fences Not Requiring a Building Permit

2. Fences not over 6 feet high, except concrete and masonry fences greater than three ( 3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and approved. Exemption from the permit requirements shall not be deemed as a waiver ofthe design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards.

15.04.080 [ Reserved]

15.04.120 CBC Appendix J, Section J101A is added - Enforcement Authority J101. 4 Enforcement Authority. The Building Official of the City of San Bernardino or his/ her designee shall have the authority for the enforcement of CBC Appendix J and any amendments thereto.

SECTION 9. Chapter 15.05 of Title 15 ofthe San Bernardino Municipal Code is hereby amended to state in full as follows:

Chapter 15.05

PROPERTY MAINTENANCE CODE
Sections:

15. 05. 010 Citation of Sections
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15. 05. 020 Section 102. 3 amended

15. 05. 030 Section 103. 1 amended

15. 05. 040 Section 104.3 amended

15. 05. 050 Section 106.4 amended

15.05.060 Section 107. 1 amended

15. 05. 070 Section 111 amended

15.05.080 Section 112A amended

15. 05. 090 Section 201.3 amended

15. 05. 100 Section 302. 4 amended

15.05. 110 Section 302. 9 amended

15.05. 120 Section 304. 3 amended

15. 05. 130 Section 304. 14 amended

15.05.140 Section 304. 18 amended

15.05. 150 Section 307 amended

15.05. 160 Section 401.3 amended

15.05. 170 Section 502. 5 amended

15. 05. 180 Section 505. 1 amended

15.05. 190 Section 602.2 amended

15.05.200 Section 602.3 amended

15.05.210 Section 602. 4 amended

15.05.220 Section 604.2 amended

15. 05. 230 Section 604.3. 1. 1 amended

15. 05.240 Section 604.3.2. 1 amended

15. 05.250 Section 702. 1 amended

15. 05. 260 Section 702.2 amended

15.05.270 Section 702. 3 amended

15.05.280 Section 704. 1 amended

15. 05. 290 Section 704.2 amended

15.05.010 Citation of Sections
The provisions ofthis chapter amend the International Property Maintenance Code, 2015 Edition, published by the International Code Conference, as adopted by reference by the City in Chapter 15. 04 of this Code.

15. 05. 020 Section 102. 3 amended
International Properly Maintenance Code Section 102. 3 is amended to read as follows:
102. 3 " Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Administrative Code, California Building Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, and California Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision ofthe San Bernardino Municipal Code." 22of32—
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15.05.030 Section 103. 1 amended
International Property Maintenance Code Section 103. 1 is amended to read as follows:
103. 1 " The Chief of Police or the Director of Community Development or their authorized representatives shall be known as the code official as referenced in the International Property Maintenance Code."

15.05.040 Section 104.3 amended
International Property Maintenance Code Section 104. 3 is amended to add the following phrase to the end of the last sentence: " including the warrant provisions of Section 1822.50 et seq. ofthe Code ofCivil Procedure ofthe State of California."

15.05. 050 Section 106A amended
International Property Maintenance Code Section 106. 4 is amended to read as follows:
106.4 " Violation penalties. Any person violating any of the provisions of this title, including, but not limited to, adopted model codes, as amended in this title, shall be subject to the penalty provisions of Chapters 1. 12, 9. 92 and 9. 93 of the San Bernardino Municipal Code."

15.05.060 Section 107. 1 amended
International Property Maintenance Code Section 107. 1 is amended to read as follows:
107. 1 " Notice to Person Responsible. Whenever the code official determines that there has been a violation ofthis code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107. 2 and 107. 3, or in the manner provided by San Bernardino Municipal Code Section 9.92.050, to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108. 3."

15. 05. 070 Section 111 amended
International Property Maintenance Code Section 111 and subsections are amended to read as follows:
111 " A party aggrieved by a notice or order issued under this code may appeal in the manner set forth in Chapter 9. 94 of the San Bernardino Municipal Code."

15. 05. 080 Section 112.4 amended
International Property Maintenance Code Section 112. 4, Failure to comply, is amended to read as follows:
112.4 Failure to Compl " Any person, firm or corporation who continues work on a building or structure after a stop work order has been issued by any of the employees listed in [ SBMC]

9.90.010 A(2, 3, 4, 5, 6 or 8) shall be guilty of a misdemeanor, except such work as that person is 23 of32—
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directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($ 100.00) and not more than one thousand dollars ($ 1, 000.00) for each day of the violation. Each day during any part of which the activity prohibited by subdivision 112. 1 of this section continues shall be a distinct and separate offense."

15. 05. 090 Section 201. 3 amended
International Property Maintenance Code Section 201. 3 is amended to read as follows:
201. 3 Definitions. " Where terms are not defined in this code and are defined in the California Administrative Code, California Building Code, California Residential Code, California Green Building Standards Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or California Electrical Code, or any code adopted by reference under Chapter 15 of the San Bernardino Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes."

15.05. 100 Section 302. 4 amended
International Property Maintenance Code Section 302.4, paragraph number one, is amended to read as follows:
302. 4 Weeds " Weed and rubbish abatement shall be as set forth in the San Bernardino Municipal Code, Chapter 8. 30, Abatement ofPublic Nuisances."

15.05.110 Section 302.9 amended
International Property Maintenance Code Section 302.9, defacement of property, is deleted.

15.05. 120 Section 304.3 amended
International Property Maintenance Code Section 304.3 is amended to read as follows:
304.3 Premises Identification " Premises identification shall be as set forth in the San Bernardino Municipal Code sections 12. 32. 030 and/ or 15. 16. 126."

15.05.130 Section 304. 14 amended
International Property Maintenance Code Section 304. 14 is deleted.

15. 05. 140 Section 304. 18 amended
International Property Maintenance Code Section 304. 18 is deleted.

15.05. 150 Section 307 amended
International Property Maintenance Code Section 307, Handrails and guardrails, is amended to read as follows:
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307 Handrails and Guardrails ' Every exterior and interior flight of stairs shall have a handrail and guard per the requirements of the adopting code at the time the building was permitted. Handrails and guardrails shall be maintained in a safe and useful condition."

15.05.160 Section 401. 3 amended
International Property Maintenance Code Section 401. 3 is amended to read as follows:
401. 3 Alternative Devices " In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code or California Residential Code shall be permitted."

15.05. 170 Section 502. 5 amended
International Property Maintenance Code Section 502. 5, Public toilet facilities, is amended to read as follows:
502.5 Public Toilet Facilities "Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy ofthe premises."

15.05. 180 Section 505. 1 amended
International Property Maintenance Code Section 505. 1, Plumbing Fixture Connections, is amended to read as follows:
505. 1 Plumbing Fixture Connections " General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code."

15. 05. 190 Section 602.2 amended
International Property Maintenance Code Section 602.2, Heating Facilities, is amended to read as follows:
602.2 Heating Facilities " Residential occupancies. Interior spaces intended for human occupancy shall be provided with permanently -installed heating facilities capable of maintaining a room temperature of 68 degrees F ( 20 C) in all habitable rooms."

15. 05.200 Section 602. 3 amended
International Property Maintenance Code Section 602. 3, Heat supply, Exceptions # 1 and 2 are deleted.
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15. 05. 210 Section 602.4 amended
International Property Maintenance Code Section 602. 4, Occupiable work spaces, is deleted.

15.05.220 Section 604.2 amended
International Property Maintenance Code Section 604. 2, Service, is amended to read as follows:
604. 2 " Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units shall be served by a three- wire, 120/ 240 volt, single- phase electrical service having a rating ofnot less than 60 amperes."

15. 05. 230 Section 604.3. 1. 1 amended
International Property Maintenance Code Section 604.3. 1. 1, Electrical equipment, is amended to read as follows:
604.3. 1. 1 Electrical Eq" Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, arc fault circuit interruptors, surge protectors, molded case circuit breakers, low -voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Electrical Code. The exception provisions of section 604.3. 1. 1 ofthe IPMC are hereby deleted."

15.05.240 Section 604.3.2. 1 amended
International Property Maintenance Code Section 604.3. 2. 1, Electrical equipment, is amended to read as follows:
604. 3. 2. 1 Electrical_ Equipgent " Electrical switches, receptacles and fixtures, including furnace, waterheating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Building Code, or California Electrical Code."
The exception provisions of section 604.3. 2. 1 ofthe IPMC are hereby deleted.

15. 05. 250 Section 702. 1 amended
International Property Maintenance Code Section 702. 1, General, is amended to read as follows:
702. 1 General " General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall 26of32—
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comply with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive."

15. 05. 260 Section 702.2 amended
International Property Maintenance Code Section 702. 2, Aisles, is amended to read as follows:
702. 2 Aisles " Aisles. The required width of aisles in accordance with the California Fire Code, California Residential Code, California Building Code, or Civil Code 304. 18, whichever is more restrictive, shall be unobstructed."

15.05.270 Section 702.3 amended
International Property Maintenance Code Section 702. 3, Locked doors, is amended to read as follows:
702.3 Locked Doors " Locked Doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Fire Code, California Building Code, or California Residential Code, whichever is more restrictive."

15.05.280 Section 704. 1 amended
International Property Maintenance Code Section 704. 1, General, is amended to read as follows:
704. 1 Fire Protection Svstems " General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the California Fire Code."

15. 05. 290 Section 704. 2 amended
International Property Maintenance Code Section 704.2, Smoke alarms, is amended to read as follows:
704. 2 Smoke Alarms " Smoke alarms. Smoke alarms shall be installed and maintained in accordance with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive.""
SECTION 10. Section 15. 20.090 of Chapter 20 of Title 15 of the San Bernardino Municipal Code is- hereby amended to state as follows ( omitted provisions not amended represented by ellipses
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15.20. 090 Hearings
Any person aggrieved by the revocation of any certificate of occupancy by the Building Official may appeal that decision in the manner set forth in Chapter 9.94 of this Code, as such revocation is an administrative enforcement action. Any person aggrieved by the denial of a certificate of occupancy may appeal that decision in the manner set forth in Chapter 2.45 of this Code, as such denial is an order, decision, or determination of the Building Official relating to the building standards of the California Building Standards Code.

SECTION 11. Various Sections of Chapter 15.28 of Title 15 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended represented by ellipses [... ]):

Sections:

15. 28. 010

15.28.020

15. 28. 030

15.28.040

15.28.050

15. 28.060

15.28.070

15.28.080

15.28.090

15.28.100

15. 28. 110

15.28.120

15.28. 130

15.28.140

15.28.150

15.28. 160

15.28.170

15.28.180

15.28. 190

15.28.200

15.28.210

15.28.220
Chapter 15.28

DANGEROUS BUILDINGS
Referenced Code
Uniform Code for the Abatement of Dangerous Buildings - Amended Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Securing dangerous buildings from entry
Recovery of costs of abatement of nuisance
Discontinuance of utilities
Filing of notice of pendency of administrative proceedings Reserved]
Post -disaster Safety Assessment Placards
Section 103 amended
Section 205 amended
Section 301 amended
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Ordinance No. MG 1521

15.28. 020 Uniform Code for the Abatement of Dangerous Buildings - Amended Chapters 5, 6, and 9 ofthe Uniform Code for the Abatement of Dangerous Buildings are hereby deleted.

Procedures for appeals, hearings, enforcement of orders, and abatements related to the administrative enforcement procedures in the UCADB shall be in accordance with Chapter 8. 30 of the San Bernardino Municipal Code. Except for vacation orders made under Section 404 of the UCADB, enforcement of any notice and order of the building official is stayed during the pendency of an appeal therefrom that is properly and timely filed.

15. 28. 140 Securing dangerous buildings from entry
A. The building official is authorized to secure from entry any structure that is ordered vacated in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous Buildings and where the building official determines, in his or her sole discretion, that securing the structure is necessary to enforce the order to vacate. The enforcement official may secure such structures using any method deemed appropriate under the circumstances in his or her discretion.

B. It is unlawful to remove a notice to vacate posted in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous. Any person who removes a notice to vacate without the express written consent of the City of San Bernardino Building Official is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1. 12. 010 of the San Bernardino Municipal Code.

C. The building official' s decision to secure a structure may be appealed in the same manner as the issuance ofthe underling notice to vacate and as provided in Section 15. 28.020.

15. 28. 150 Recovery of costs of abatement of nuisance
Any costs incurred by the City in connection with the enforcement of the Uniform Code for the Abatement of Dangerous Buildings may be collected by the City according to the procedures specified in Chapter 8. 30 of the San Bernardino Municipal Code.

15.28.170 Filing of notice of pendency of administrative proceedings At any time after the Building Official has initiated action to locate and serve the owners with the notice and order referred to in Section 401 of the Uniform Code for the Abatement of Dangerous Buildings, the Building Official or the City Engineer may file with the county recorder a notice of pendency of administrative proceedings which shall constitute notice to any subsequent owner, purchaser, encumbrancer of the property described therein or involved in the proceedings, beneficiary of a trust deed, penholder, mortgagee, or any other person holding or claiming any interest of any kind in the property described therein who shall be bound by the 29 of 32 —
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Ordinance No. MC -1521
administrative proceedings, including liability for all amounts and costs and expenses assessed against the property as alien for abatement in the same manner as if he had been the owner at the time of commencement ofthe proceedings and had been properly served at that time.

15.28.200 Section 103 amended
Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions ofthe California Building Standards Code promulgated by the California Building Standards Commission in Title 24 ofthe California Code of Regulations, as adopted and amended by the City of San Bernardino."

15.28.210 Section 205 amended
Section 205, of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting the section.

15.28.220 Section 205 amended
Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:

For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the International Building Code.

Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words used in the singular include the plural and plural the singular.

Words used in the masculine gender include the feminine and the feminine the masculine.

BUILDING CODE is the California Building Code, as adopted and amended by the City of San Bernardino.

DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code.""
SECTION 12. All existing provisions of the San Bernardino Municipal Code that are repeated herein are repeated only to aid decision -makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.

SECTION 13. Severability. If any provision ofthis Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end, the provisions ofthis Ordinance are declared to be severable. 30of32—
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SECTION 14. The City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 15. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.

SECTION 16. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption ofthis Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code ofthe State of California.

APPROVED and ADOPTED by the Citycil an -aligned by the Mayor and attested by the City Clerk this
18th
day ofSeptember 2019/ 277 17'
Attest:

PCf - , ,,
Georgeann Han
T. MMC, City Clerk
approved as to form:
f ,
Gary D. aenz, City Attorney
John Valdivia, Mayor
City of San Bernardino
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Ordinance No. MC -1521

CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC -1521, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 0 day of September 2019. Ordinance No. MC -1521 was approved, passed, and adopted at a regular meeting held the 18' h day of September 2019 by
the following vote:

Council Members:

SANCHEZ
IBARRA
VACANT

SHORETT
NICKEL

RICHARD

MULVIHILL

AYES NAYS ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 18'' day of September 2019.

LGeorgeann lfan4a, MMC', City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 20, 2025
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: Economic Development
Subject: Approve Amendment No. 1 to the Lease Agreement with Casa Ramona, Inc., Regarding 1543 W. 8th Street, for a
Satellite Animal Shelter – Annual Lease Amount $130,000 (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-356:

1. Authorizing the City Manager to execute Amendment No. 1 to the Lease Agreement with Casa Ramona, Inc. for the property located at 1543 W. 8th Street, San Bernardino, California, to serve as a Satellite Animal Shelter for pet adoptions on behalf of the City of San Bernardino, extending the lease term for five years through September 30, 2030, with a month-to-month conversion at the end of the term; and

2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Animal Services Budget in the amount of $130,000, appropriated for expenses.

Executive Summary
The proposed action involves extending the lease agreement for five years between the City of San Bernardino and Casa Ramona, Inc., for approximately 7,175 square feet of office space. This facility will continue to function as a Satellite Animal Shelter focused on pet adoptions, providing vital accommodations for adoptable animals and alleviating overcrowding at the main animal shelter. Amendment No. 1 will support the City of San Bernardino Animal Shelter throughout its ongoing renovations. The $130,000 annual lease cost will be funded through the Animal Services Fund, with a portion ($60,450) reimbursed by other contract cities according to the executed agreements.

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Background
Casa Ramona Inc. owns a commercial office building located at 1543 W. 8th Street in San Bernardino, California. This property, currently leased by the City of San Bernardino, plays a vital role in addressing overcrowding at the City’s Animal Shelter.

The facility has become essential in accommodating the increasing number of animals associated with the Regional Partnership Agreement. The current lease agreement with Casa Ramona Inc. expires on September 30, 2025.

With 7,175 square feet of space distributed across two suites on a 1.30-acre site, the property provides sufficient capacity to support these critical needs. The Animal Services Department has an ongoing requirement for additional space, and this location offers the ideal setting to house approximately 80 dogs and 150 cats as they prepare for adoption.

The City has demonstrated a long-term commitment to the property by making substantial investments to ensure it is well-suited for the specialized needs of a Satellite Animal Shelter. These enhancements include the installation of a clinic sink for proper animal waste disposal, charcoal air filters to mitigate odors and reduce bacterial exposure, and updates to the Fire Life Safety system, including a new control panel and pressure control valves. Additionally, Acrovyn wall protection has been installed throughout all exam rooms, hallways, and other essential areas. Each improvement has been carefully designed to optimize functionality and support the health and wellbeing of the animals in the City’s care.

Discussion
Amendment No. 1 to the Lease Agreement with Casa Ramona, Inc. for the Satellite Animal Shelter will extend the term of the current lease by five years, ending on September 30, 2030, with a month-to-month conversion option at the end of the term.

The lease rate will remain at $1.50 per square foot for approximately 7,175 square feet of office space, resulting in a total annual cost of $130,000.00. The agreed-upon rate and terms are consistent with the current lease agreement.

The annual lease cost of $130,000 will be funded through the Animal Services Fund, with $60,450 of that amount reimbursed by other contract cities in accordance with executed agreements. Each city will be billed for its share of actual costs, including any costs associated with the lease of this building. It should be noted that partner city agreements are not currently updated to fully reflect the increased costs of the regional partnership. All new costs associated with these partnerships will result in future budget amendments to fully capture operational expenses. Additionally, the Department will be bringing an amendment to the regional partnership agreement to the Mayor and City Council for approval in September to address the additional fees and to recover indirect costs associated with the partnership.

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Casa Ramona is amenable to extending a long-term lease agreement with the City.

This will ensure the continued stability needed for the City to maintain operations while completing renovations at the City’s existing facilities.

By extending the lease, the City of San Bernardino can reinforce its commitment to animal welfare and demonstrate its dedication to improving the lives of adoptable animals and the families who welcome them. The facility’s strategic location and design make it an irreplaceable asset in achieving long-term goals for the humane and responsible care of adoptable animals.
2025-2026 Strategic Targets and Goals
The request for an amendment to the agreement with Casa Ramona, Inc. aligns with Strategic Target #1 – Improved Operational & Financial Capacity by creating a framework for spending decisions and Strategic Target #3 – Improved Quality of Life by occupying and utilizing a previously vacant building.

Fiscal Impact
The Animal Services Fund’s expense budget will be increased by $130,000, of which $60,450 will be reimbursed by other contract cities. The remaining $69,550 will be funded by the City’s General Fund. Animal Services is highly dependent on a large contribution from the General Fund, and this increase represents an additional impact to General Fund resources.

Below is a 5-year projection of the costs, including the 3% CPI annual lease increase for the City and the partners as well as the cumulative cost to the city and partners for the lease.

LEASE AMOUNTS WITH 3% CPI PER YEAR INCLUDED
Category FY 2025-2026 FY 2026-2027 FY 2027-2028 FY 2028-2029 FY 2029-2030 Cumulative
Total
Total Cost $130,000 $133,900 $140,595 $147,625 $155,006 $707,126 City of San
Bernardino's
Share $68,900 $70,967 $74,515 $78,241 $82,153 $374,777
Regional
Partner's Share $61,100 $62,933 $66,080 $69,384 $72,853 $332,349 Packet Page 2077
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-356:

1. Authorizing the City Manager to execute Amendment No. 1 to the Lease Agreement with Casa Ramona, Inc. for the property located at 1543 W. 8th Street, San Bernardino, California, to serve as a Satellite Animal Shelter for pet adoptions on behalf of the City of San Bernardino, extending the lease term for five years through September 30, 2030, with a month-to-month conversion at the end of the term; and

2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Animal Services Budget in the amount of $130,000, appropriated for expenses.

Attachments
Attachment 1 - Casa Ramona Resolution No. 2025-356
Attachment 2 - Amendment No. 1 to the Lease Agreement with Casa Ramona
Attachment 3 - Current Lease Agreement with Casa Ramona Ward:

Ward 1
Synopsis of Previous Council Actions:

October 2, 2024 – Resolution No. 2024-209: Approved a one-year Lease Agreement with Casa Ramona, Inc., effective through September 30, 2025.

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Resolution No. 2025-356
Resolution No. 2025-356
August 20, 2025

RESOLUTION NO. 2025-356

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE LEASE AGREEMENT WITH
CASA RAMONA, INC. FOR THE PROPERTY LOCATED
AT 1543 W. 8TH STREET, SAN BERNARDINO,

CALIFORNIA, TO SERVE AS A SATELLITE ANIMAL

SHELTER FOR PET ADOPTIONS ON BEHALF OF THE

CITY OF SAN BERNARDINO, AND AUTHORIZING THE

DIRECTOR OF FINANCE AND MANAGEMENT
SERVICES TO AMEND THE FY 2025/2026 ANIMAL
SERVICES BUDGET IN THE AMOUNT OF $130,000,

APPROPRIATED FOR EXPENSES
WHEREAS, Casa Ramona, Inc., (Lessor) is the owner of certain real property located at 1543 W. 8th Street, San Bernardino, California, 92411 AND/OR APN 0139-273-03-0000, in the City of San Bernardino, County of San Bernardino, State of California (“the Property”), more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference.

WHEREAS, Lessor and Lessee entered into a Lease Agreement on October 2, 2024, for the subject property.

WHEREAS, Upon the terms and conditions set forth in the Lease Agreement of October 2, 2024, Lessor desires to continue leasing the Property (the “Leased Premises”) to City, and City desires to continue leasing the Leased Premises from Lessor for the purpose of providing Interim Animal Shelter Supportive services.

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

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

SECTION 2. Authorize the City Manager to execute Amendment No. 1 to the Lease Agreement between the City of San Bernardino and Casa Ramona, Inc.

SECTION 3. Authorize the Director of Finance and Management Services to amend the FY 25/26 Operating Budget in the amount of $130,000 to support the total estimated costs related to Amendment No. 1 to the Lease Agreement with Casa Ramona, Inc.

SECTION 4. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect Packet Page 2079
Resolution No. 2025-356
Resolution No. 2025-356
August 20, 2025

on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of August 2025.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2025-356
Resolution No. 2025-356
August 20, 2025

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-356, adopted at a regular meeting held on the 20th day of August 2025, by the following vote:

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

Telicia Lopez, CMC, Acting City Clerk
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CITY OF SAN BERNARDINO
AMENDMENT NO. 1 TO LEASE AGREEMENT
This Amendment No. 1 to Lease Agreement (“Lease”) is made and entered into on this [___] day of [______], 2025, by and between the CITY OF SAN BERNARDINO, a charter city and municipal corporation (“City” or “Lessee”), and Casa Ramona, Inc., a California Nonprofit Corporation (“Lessor”). City and Lessor may be referred to in this Lease individually as “Party” or collectively as “Parties.”

RECITALS
A. Lessor is the owner of certain real property located at 1543 W. 8th Street, San Bernardino, California, 92411 AND/OR APN 0139-273-03-0000, in the City of San Bernardino, County of San Bernardino, State of California (“the Property”), more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference.

B. Lessor and Lessee entered into a Lease Agreement on October 2, 2024, for the subject property.

C. Upon the terms and conditions set forth in the Lease Agreement of October 2, 2024, Lessor desires to continue leasing the Property (the “Leased Premises”) to City, and City desires to continue leasing the Leased Premises from Lessor for the purpose of providing Interim Animal Shelter Supportive services.

AGREEMENT

1. Term. The term of this Amendment No. 1 to Lease Agreement shall commence on October 1, 2025 (“Renewal Date”).

The lease provided herein shall continue for a period of five (5) years, ending on September 30, 2030. After expiration of the term under this Amendment No. 1 to Lease Agreement, and in the case where City has not vacated the Leased Premises prior to expiration, tenancy shall continue on a month-to-month basis, under the same terms and conditions under this Lease, until either party terminates this Lease in accordance with Section 20 of the original Lease.

1.1 Renewal Option. City has an option to extend this Lease for an additional term(s) of one (1) year (“Extended Term”). To exercise the option, City must provide written notice to Lessor at least ninety (90) days before the end of the Initial Term.

2. Payments.

2.1 Base Lease Payments. City shall pay to Lessor, as rent, the sum of $10,763.00 per month (the “Base Lease Payment”) or $1.50 per square foot of gross Packet Page 2082
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leasable Area (GLA). The first lease payment under this Amendment No. 1 to Lease Agreement shall be due on October 1, 2025. Subsequent lease payments shall be due and payable on the first day of each calendar month.

2.2 Additional Rent. Commencing on the first anniversary of the date City is obligated to pay rent under this Amendment No. 1 to Lease Agreement, and continuing on each subsequent anniversary during the term of this Lease, the Base Lease Payments shall be increased by 3 percent (3%).

3. Notice. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, return receipt requested, telegraphed, delivered or sent by telex, telecopy or cable and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business days after the date of posting by the United States post office, (iii) if given by telegraph or cable, one (1) business day after the date delivered to the telegraph company with charges prepaid.

To City: City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: City Manager
To Lessor Casa Ramona, Inc.

Attn: Esther Estrada
531 Tia Juana Street
San Bernardino, CA 92411
Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent.

4. Counterparts. This Amendment No. 1 to Lease Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

5. Captions. Any captions to, or headings of, the sections or subsections of this Amendment No. 1 to Lease Agreement are solely for the convenience of the parties hereto, are not a part of this Lease, and shall not be used for the interpretation or determination of the validity of this Lease or any provision hereof.

6. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Lease shall not be deemed to confer any rights upon, nor obligate any of the parties thereto, to any person or entity other than the parties hereto.

7. Amendment of Lease. The terms of this Amendment No. 1 to Lease Packet Page 2083
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Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto.

8. Waiver. The waiver or failure to enforce any provision of this Amendment No. 1 to Lease Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

9. Applicable Law. This Amendment No. 1 to Lease Agreement shall be governed by and construed in accordance with the laws of the State of California.

Venue shall be the County of San Bernardino.

10. Authority to Execute Lease. Lessor and City warrant that the individuals who have signed this Amendment No. 1 to Lease Agreement have the legal power, right and authority to enter into this Lease so as to bind each party for whom they sign to perform as provided herein.

11. Successors and Assigns. This Amendment No. 1 to Lease Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.

12. Incorporation of Recitals. Each and all of the Recitals to this Amendment No. 1 to Lease Agreement are incorporated by reference as though fully set forth herein.

13. Entire Agreement. This Amendment No. 1 to Lease Agreement modifies any prior agreements, negotiations and communications, oral or written, between City and Lessor as to the subject matter hereof. No subsequent agreement, representation, or promise made by either Party hereto, or by or to any employees, officer, agent or representative of either Party shall be of any effect unless it is in writing and executed by the party to be bound thereby.

14. Severability. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Lease shall continue in full force and effect.

15. Electronic Signatures. The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures.

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SIGNATURE PAGE TO AMENDMENT NO. 1 TO LEASE AGREEMENT
BETWEEN CITY OF SAN BERNARDINO AND Casa Ramona, Inc., a 501 C3 Nonprofit company
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 to Lease Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
ATTESTED BY:

Telicia Lopez
Acting City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
CASA RAMONA, INC.

Signature
Name
Title
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EXHIBIT A
1543 W. 8th Street, San Bernardino, CA 92411
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 20, 2025
To: Honorable Mayor and City Council Members
From: C. Jeannie Fortune, Interim Director of Finance & Management Services; Eric Levitt, City Manager
Department: Finance & Management Services
Subject: Review of Administrative Budget Transfers From April 1, 2025, Through June 30, 2025 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file all listed administrative budget transfers from April 1, 2025, through June 30, 2025.

Executive Summary
Finance & Management Services requests the Mayor and City Council to review and file department to department, administrative budget transfers made from April 1, 2025, through June 30, 2025.

Background
On May 4, 2022, the Mayor and City Council adopted Ordinance No. MC-1568 which amended Section 3.05.010 in the Municipal Code regarding budget transfers. Specifically, the amendment to the ordinance nullified the not-to-exceed amount of $25,000 per budget transfer; authorized the Director of Finance & Management Services to approve budget transfers within a department’s personnel budget into their operating budget; authorized the Director of Finance & Management Services to approve department to department budget transfers; established that budget transfers will not increase or decrease a department’s approved budget, nor will it increase or decrease the approved fund budget without council approval; and stated that any cumulative amount of more than $5,000 transferred between departments in a 12-month period must be reported to the Mayor and City Council during the regular Quarterly Report.

Discussion
Budget transfers are requests received by Finance & Management Services from departments to move funds from one account to another after the adoption of the original budget. Transfers occur when a department needs to correct its originally adopted budget Packet Page 2098
or move funds to accommodate a change in the department’s planned expenditures.

When processing budget transfers, Finance & Management Services verifies that the transfer properly allocates resources based on the strategic objectives and goals set forth by the Mayor and City Council and reflects the priorities of the community.

The table below provides a list of the administrative transfers that have been processed.

Date of
Transfer From To Amount
5/20/2025 City Manager’s Office Finance &
Management
Services
$136,211.87
5/27/2025 City Manager’s Office Economic
Development
$22,698.00
5/29/2025 Capital Improvement
Program
Public Works –
O&M Division
$998,787.09
The transfer of $136,211.87 from the City Manager’s Office to Finance & Management Services reallocates the budget for the Auditor II position. The Auditor II position was reclassified to a Principal Accountant in support of departmental restructuring and realignment with operational priorities. This reclassification reflects the evolving needs of the Finance & Management Services department and aligns with the strategic goal of strengthening internal financial oversight. The Principal Accountant will provide increased capacity for financial reporting, audit preparation, and internal controls, supporting the City's broader objective of enhancing fiscal accountability and operational efficiency.

The transfer of $22,698.00 from the City Manager’s Office to Economic Development serves as the City’s required matching contribution for the Love Your Block Grant. While the project originally designated $18,000.00 in grant funding for resident-led community improvement initiatives, a total of $40,698.00 was needed to support all eligible and submitted projects. The City Manager’s Office committed the remaining $22,698.00 through departmental savings to ensure all qualifying applicants could be funded. This transfer will fulfill the match requirement and ensure the necessary resources are allocated to each approved project.

The transfer of $998,787.09 from the Capital Improvement Program to Public Works reallocates grant funds for the Lytle Creek Park project. Upon further evaluation, the scope of work was determined to align more closely with ongoing maintenance activities rather than capital improvements. As a result, the funding was transferred to the Operations & Maintenance Division, allowing the department to directly manage the funds. This reallocation provides greater flexibility to support a more dynamic and responsive maintenance strategy.

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2021-2025 Strategic Targets and Goals
Authorization of this file and receive item aligns with three of the adopted 2021-2025 Key Strategic Targets and Goals. Finance & Management Services reporting on departmental administrative budget transfers completed within the quarter that meet the requirements of the Mayor and City Council helps Improved Operational & Financial Capacity by effectively creating a framework for spending decisions. Administering budget transfers meets the Focused, Aligned Leadership and Unified Community goal by developing and implementing a community engagement plan where the community and staff actively adapt to ensure needs of the community are fulfilled. Improved Quality of Life is met by ensuring that service levels are funded proactively to integrate customer-service orientation and metrics into all City operations.

Fiscal Impact
There is no General Fund impact to the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file all listed administrative budget transfers from April 1, 2025, through June 30, 2025.

Attachments
Attachment 1 - Ordinance MC-1568
Ward:

All Wards
Synopsis of Previous Council Actions:

On May 21, 2025, Mayor and City Council received and filed a quarterly administrative budget transfer report from January 1, 2025, through March 31, 2025.

On February 19, 2025, Mayor and City Council received and filed a quarterly administrative budget transfer report from October 1, 2024, through December 31, 2024.

On November 6, 2024, Mayor and City Council received and filed two separate quarterly administrative budget transfer reports from April 1, 2024, through June 30, 2024, and July 1, 2024, through September 30, 2024.

On August 7, 2024, Mayor and City Council received and filed a quarterly administrative budget transfer report from Jan 1, 2024, through March 31, 2024.

On March 6, 2024, Mayor and City Council received and filed a quarterly administrative budget transfer report from July 1, 2023, through December 31, 2023.

On July 19, 2023, Mayor and City Council received and filed a quarterly administrative budget transfer report from April 1, 2023, through June 30, 2023.

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On January 18, 2023, Mayor and City Council received and filed a quarterly administrative budget transfer report from July 1, 2022, through December 15, 2022.

On August 17, 2022, Mayor and City Council received and filed a quarterly administrative budget transfer report from April 5, 2022, through June 30, 2022.

On May 4, 2022, Mayor and City Council adopted Ordinance No. MC-1568, amending section 3.05 on the Municipal Code.

On December 1, 2021, Mayor and City Council heard the FY 2021/22 1st Quarter Report; Adopted Resolution No. 2021-289 amending the City of San Bernardino’s FY 2021/22 Operating Budget; and introduced, read by title only, and waived further reading of Ordinance No. MC-1568, amending section 3.05 of the Municipal Code pertaining to budget transfers.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 20, 2025
To: Honorable Mayor and City Council Members
From: C. Jeannie Fortune, Interim Director of Finance & Management Services; Eric Levitt, City Manager
Department: Finance & Management Services
Subject: Investment Portfolio Report for June 2025 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Monthly Investment Portfolio Report for June 2025.

Executive Summary
This action is to receive and file the Investment Portfolio for the month of June 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 2025-26 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 ending June 30, 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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Investment Portfolio Summary for the month ended June 30, 2025:

Investments Par
Value
Market
Value
Book
Value
% of
Portfolio
% per
City
Policy
State Local Agency
Investment Fund
$83,957,784 $83,957,784 $83,957,784 21.77% 19.50%
Certificates of Deposit $500,000 $479,996 $500,000 0.13% 30.00% Federal Agency Issues
- Coupon
$44,500,000 $43,599,875 $44,490,359 11.53% No cap
Money Market Funds $233,644,195 $233,644,195 $233,644,195 60.58% 30.00% Corporate Notes $19,125,000 $18,635,761 $19,117,042 4.96% 20.00% Supranationals $4,000,000 $3,986,660 $3,998,867 1.04% 10.00% TOTAL Investments $385,726,980 $384,304,271 $385,708,248 100.00% Description of Investment Type:
• State local Agency investment Fund (LAIF) – a State program created by statute that offers local agencies the opportunity to participate in a major portfolio using the investment expertise of the State Treasurer’s office. The City policy states that the maximum investment amount permitted by California state law regular LAIF accounts is $75m. Current value: $84m.

State Local Agency
Investment Fund

21.8%
Certificates of
Deposit

0.1%
Federal Agency
Issues - Coupon

11.5%
Money Market Funds

60.6%
Corporate Notes

5.0%
Supranationals

1.0%
State Local Agency Investment Fund Certificates of Deposit Federal Agency Issues - Coupon Money Market Funds
Corporate Notes Supranationals
% of Portfolio
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• Certificates of Deposit – savings accounts offered by banks and credit unions offering a fixed interest rate for a specific period of time (guaranteed interest rate). The City policy states that the maximum investment amount permitted is up to 30% of the City’s portfolio ($385m x 30% = $115m). Current value: $500k. • Federal Agency Issues Coupon – purchase of debt securities issued by either a U.S. federal agency (such as Federal Housing Administration (FHA), Small business Administration (SBA), Government National Mortgage Association (GNMA) – “Ginnie Mae,” or a government-sponsored enterprise (GSE) such as Fannie Mae, Freddie Mac or the Federal Home Loan Bank (FHLB). There is no maximum amount (cap) in the City policy for investing in federal agency issues coupons. Current investment: $44.5m.
• Money Market Funds – type of mutual funds that invest in highly, liquid, shortterm debt securities, which typically include Treasury bills, municipal bonds, and tax-exempt commercial paper. The City policy states that the maximum investment amount permitted is 30% of the City’s portfolio ($385m x 30% = $115m). Current value: $233m.
• Corporate Notes – purchase of debt securities issued by corporations to raise capital. Like bonds, they represent a loan from the investor to the company, in exchange for regular interest payments and the return of the principal amount at maturity. The City policy states that the maximum investment amount permitted is up to 20% of the City’s portfolio ($385m x 30% = $115m). Current value: $19m.
• Supranationals – a debt security issued by a supranational entity, an organization formed by two or more governments to promote economic development for member countries (ex. World Bank or European Investment Bank). These organizations issue bonds to fund operations and development projects, with the expectation of repayment from operational revenue. The City policy states that the maximum investment amount permitted is up to 10% of the City’s portfolio ($385m x 10% = $38.5m). Current value: $4m.

Interest Earnings Summary:
30-Jun 30-Jun
Description Month ending FY to Date
Interest Collected $891,948 $13,282,664
Plus: Accrued interest at End of Period $209,560 $240,124 Less: Accrued Interest at Beginning of Period ($1,000,907) ($1,981,437) Sub-total $100,601 $11,541,351
Adjustments: Premiums and Discounts $2,618 $17,940
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30-Jun 30-Jun
Description Month ending FY to Date
Total Interest collected $103,219 $11,559,291
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, receive and file the Monthly Investment Portfolio Report for June 2025.

Attachments
Attachment 1 Investment Portfolio Management Summary Report, June 2025 Attachment 2 FY2025-26 Adopted Investment Policy
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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360

Par Value Book Value
Maturity
Date
Stated
Market Value Rate
June 30, 2025
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management

CITY OF SAN BERNARDINO
Days to
CUSIP Investment # Moody's Maturity
Purchase
Date
State Local Agency Investment Fund
SYS 10001 LOCAL AGENCY INVESTMENT FUND 07/01/2022 40,940,219.34 40,940,219.34 40,940,219.34 0.203 0.200 1 SYS10003 10003 LOCAL AGENCY INVESTMENT FUND 07/01/2022 43,017,565.10 43,017,565.10 43,017,565.10 0.203 0.200 1 Subtotal and Average 83,957,784.44 83,957,784.44 83,957,784.44 83,957,784.44 0.200 1 Certificates of Deposit
856285XL0 80057 STATE BANK OF INDIA 09/28/2021 250,000.00 240,252.25 250,000.00 1.150 1.134 454 09/28/2026 90348JT59 80056 UBS FINANCE COMMERCIAL PAPER 09/22/2021 250,000.00 239,743.25 250,000.00 0.950 0.937 448 09/22/2026 Subtotal and Average 500,000.00 500,000.00 479,995.50 500,000.00 1.036 451 Managed Pool Accounts
20008 20008 CALTRUST GOVT INVESTMENT FUND 07/01/2022 0.00 0.00 0.00 0.160 0.158 1 Subtotal and Average 0.00 0.00 0.00 0.00 0.000 0
Federal Agency Issues - Coupon
3133EMB76 30634 FEDERAL FARM CREDIT BANK 05/26/2021 1,000,000.00 971,730.00 999,819.44 0.950 Aaa 0.957 329 05/26/2026 3133EMU91 30655 FEDERAL FARM CREDIT BANK 07/21/2021 1,000,000.00 998,020.00 1,000,000.00 0.740 Aaa 0.730 20 07/21/2025 3133EL7K4 30656 FEDERAL FARM CREDIT BANK 07/21/2021 1,000,000.00 991,900.00 999,892.14 0.550 Aaa 0.594 77 09/16/2025 3133EM3T7 30665 FEDERAL FARM CREDIT BANK 09/01/2021 1,000,000.00 965,320.00 999,650.00 0.870 Aaa 0.888 427 09/01/2026 3133ENDC1 30682 FEDERAL FARM CREDIT BANK 11/03/2021 1,000,000.00 966,730.00 1,000,000.00 1.330 Aaa 1.312 490 11/03/2026 3133EMH21 30683 FEDERAL FARM CREDIT BANK 11/04/2021 1,000,000.00 970,870.00 997,514.75 0.900 Aaa 1.152 349 06/15/2026 3133EMH21 30689 FEDERAL FARM CREDIT BANK 11/22/2021 1,000,000.00 970,870.00 997,171.37 0.900 Aaa 1.189 349 06/15/2026 3133ENFN5 30691 FEDERAL FARM CREDIT BANK 11/30/2021 1,000,000.00 966,190.00 1,000,000.00 1.540 Aaa 1.519 517 11/30/2026 3133ENGC8 30692 FEDERAL FARM CREDIT BANK 12/01/2021 1,000,000.00 975,010.00 1,000,000.00 1.320 Aaa 1.302 335 06/01/2026 3133ENHV5 30699 FEDERAL FARM CREDIT BANK 12/22/2021 1,000,000.00 974,100.00 1,000,000.00 1.390 Aaa 1.371 356 06/22/2026 3133ENJC5 30700 FEDERAL FARM CREDIT BANK 12/22/2021 1,000,000.00 962,930.00 1,000,000.00 1.290 Aaa 1.272 539 12/22/2026 3133ENKG4 30703 FEDERAL FARM CREDIT BANK 01/11/2022 1,000,000.00 964,160.00 1,000,000.00 1.470 Aaa 1.450 559 01/11/2027 3130AL6L3 30606 FEDERAL HOME LOAN BANK 02/26/2021 2,000,000.00 1,957,640.00 2,000,000.00 0.875 Aaa 0.604 240 02/26/2026 3130ALV68 30620 FEDERAL HOME LOAN BANK 03/30/2021 1,000,000.00 976,830.00 1,000,000.00 1.030 Aaa 1.016 272 03/30/2026 3130AMLJ9 30632 FEDERAL HOME LOAN BANK 05/26/2021 1,000,000.00 985,690.00 1,000,000.00 0.810 Aaa 0.799 148 11/26/2025 3130AMSY9 30643 FEDERAL HOME LOAN BANK 06/29/2021 1,000,000.00 991,310.00 1,000,000.00 0.800 Aaa 0.789 90 09/29/2025 3130AMTZ5 30645 FEDERAL HOME LOAN BANK 06/28/2021 1,000,000.00 985,230.00 1,000,000.00 0.750 Aaa 0.740 150 11/28/2025 3130AMUD2 30653 FEDERAL HOME LOAN BANK 07/13/2021 1,000,000.00 975,540.00 1,000,000.00 0.850 Aaa 0.838 272 03/30/2026 3130ANJ35 30658 FEDERAL HOME LOAN BANK 08/26/2021 1,000,000.00 978,110.00 1,000,000.00 0.700 Aaa 0.690 240 02/26/2026 3130ANKG4 30659 FEDERAL HOME LOAN BANK 08/27/2021 1,000,000.00 965,600.00 1,000,000.00 1.000 Aaa 0.986 422 08/27/2026 3130ANQJ2 30662 FEDERAL HOME LOAN BANK 08/25/2021 1,000,000.00 991,310.00 1,000,000.00 0.750 Aaa 0.740 86 09/25/2025 Portfolio CITY
AP
Run Date: 07/17/2025 - 16:50 PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11
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YTM
360

Par Value Book Value
Maturity
Date
Stated
Market Value Rate
June 30, 2025
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management

CITY OF SAN BERNARDINO
Days to
CUSIP Investment # Moody's Maturity
Purchase
Date
Federal Agency Issues - Coupon
3130AKN85 30669 FEDERAL HOME LOAN BANK 09/10/2021 1,000,000.00 979,930.00 998,997.39 0.550 Aaa 0.725 203 01/20/2026 3130AP4S1 30673 FEDERAL HOME LOAN BANK 09/30/2021 1,000,000.00 982,770.00 1,000,000.00 0.825 Aaa 0.814 182 12/30/2025 3130AP6D2 30674 FEDERAL HOME LOAN BANK 09/30/2021 1,000,000.00 963,170.00 1,000,000.00 1.000 Aaa 0.986 456 09/30/2026 3130APCH6 30675 FEDERAL HOME LOAN BANK 09/29/2021 1,000,000.00 965,300.00 1,000,000.00 1.125 Aaa 1.110 455 09/29/2026 3130APHA6 30676 FEDERAL HOME LOAN BANK 10/28/2021 1,000,000.00 965,280.00 1,000,000.00 1.250 Aaa 1.110 484 10/28/2026 3130APHT5 30678 FEDERAL HOME LOAN BANK 10/26/2021 1,000,000.00 964,910.00 1,000,000.00 1.200 Aaa 1.184 482 10/26/2026 3130APGP4 30679 FEDERAL HOME LOAN BANK 10/28/2021 1,000,000.00 963,190.00 1,000,000.00 1.150 Aaa 1.134 484 10/28/2026 3130APWE1 30685 FEDERAL HOME LOAN BANK 11/30/2021 1,000,000.00 965,980.00 1,000,000.00 1.500 Aaa 1.479 512 11/25/2026 3130AQBE2 30694 FEDERAL HOME LOAN BANK 12/30/2021 1,000,000.00 966,230.00 1,000,000.00 1.650 Aaa 1.627 547 12/30/2026 3130AQET6 30701 FEDERAL HOME LOAN BANK 12/30/2021 1,000,000.00 962,630.00 1,000,000.00 1.400 Aaa 1.381 547 12/30/2026 3130B06E4 30706 FEDERAL HOME LOAN BANK 02/26/2024 2,000,000.00 1,999,420.00 2,000,000.00 5.000 4.932 780 08/20/2027 3134GXHD9 30615 FEDERAL HOME LOAN MORTGAGE CRP 03/24/2021 1,000,000.00 983,260.00 999,295.49 0.700 Aaa 0.839 175 12/23/2025 3134GWB70 30663 FEDERAL HOME LOAN MORTGAGE CRP 08/19/2021 500,000.00 496,125.00 499,923.27 0.625 Aaa 0.691 76 09/15/2025 3134H1UK7 30707 FEDERAL HOME LOAN MORTGAGE CRP 02/26/2024 2,000,000.00 2,000,000.00 2,000,000.00 5.000 4.931 1,333 02/23/2029 3136G4ZF3 30585 FEDERAL NATIONAL MORTGAGE ASSO 07/22/2020 1,000,000.00 997,840.00 1,000,000.00 0.600 Aaa 0.592 21 07/22/2025 3136G4C43 30588 FEDERAL NATIONAL MORTGAGE ASSO 08/14/2020 1,000,000.00 995,480.00 1,000,000.00 0.650 Aaa 0.641 44 08/14/2025 3136G45C3 30600 FEDERAL NATIONAL MORTGAGE ASSO 10/27/2020 1,000,000.00 987,820.00 1,000,000.00 0.540 Aaa 0.533 118 10/27/2025 3135GA2N0 30602 FEDERAL NATIONAL MORTGAGE ASSO 11/04/2020 1,000,000.00 986,840.00 1,000,000.00 0.550 Aaa 0.542 126 11/04/2025 3135G06B4 30697 FEDERAL NATIONAL MORTGAGE ASSO 12/15/2021 1,000,000.00 988,610.00 998,095.31 0.560 Aaa 1.177 113 10/22/2025 3135GAPL9 30708 FEDERAL NATIONAL MORTGAGE ASSO 02/26/2024 2,000,000.00 2,000,000.00 2,000,000.00 5.150 5.079 605 02/26/2027 Subtotal and Average 46,789,697.91 44,500,000.00 43,599,875.00 44,490,359.16 1.520 380 Money Market Funds
SYS20002 20002 WELLS FARGO GOVT MONEY MARKET 07/01/2022 233,644,195.29 233,644,195.29 233,644,195.29 0.010 0.010 1 Subtotal and Average 229,151,051.55 233,644,195.29 233,644,195.29 233,644,195.29 0.010 1 Corporate Notes
023135BX3 30628 AMAZON.COM INC 05/13/2021 1,000,000.00 973,840.00 999,453.72 1.000 A1 1.051 315 05/12/2026 06048WK66 30603 BANK OF AMERICA CORPORATION 01/25/2021 2,000,000.00 1,960,360.00 1,999,513.57 1.000 A2 0.840 175 12/23/2025 06048WK82 30622 BANK OF AMERICA CORPORATION 04/14/2021 1,500,000.00 1,464,960.00 1,494,125.00 1.000 A2 1.404 209 01/26/2026 06048WM31 30637 BANK OF AMERICA CORPORATION 05/28/2021 1,000,000.00 970,820.00 1,000,000.00 1.250 A2 1.233 331 05/28/2026 14913R2K2 30660 CATERPILLAR FINL SERVICE 08/09/2021 1,625,000.00 1,589,071.25 1,625,448.12 0.900 A2 0.846 244 03/02/2026 24422EVR7 30648 JOHN DEERE CAPITAL CORP 06/17/2021 1,000,000.00 970,360.00 1,000,307.56 1.050 A2 1.003 351 06/17/2026 24422EVW6 30677 JOHN DEERE CAPITAL CORP 10/13/2021 1,000,000.00 965,090.00 1,000,064.17 1.300 A2 1.277 469 10/13/2026 24422EVR7 30687 JOHN DEERE CAPITAL CORP 11/17/2021 1,000,000.00 970,360.00 996,934.23 1.050 A2 1.361 351 06/17/2026 Portfolio CITY
AP
Run Date: 07/17/2025 - 16:50 PM (PRF_PM2) 7.3.11
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360

Par Value Book Value
Maturity
Date
Stated
Market Value Rate
June 30, 2025
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management

CITY OF SAN BERNARDINO
Days to
CUSIP Investment # Moody's Maturity
Purchase
Date
Corporate Notes
38150AG82 30646 GOLDMAN SACHS GROUP INC. 06/16/2021 1,000,000.00 971,490.00 1,000,000.00 1.400 A2 1.381 350 06/16/2026 38150AGW9 30657 GOLDMAN SACHS GROUP INC. 07/30/2021 1,000,000.00 968,720.00 1,000,000.00 1.450 A2 1.430 394 07/30/2026 48128GV56 30595 J.P. MORGAN CHASE & CO 08/18/2020 1,000,000.00 993,040.00 1,000,000.00 0.800 A2 0.789 48 08/18/2025 48128G3G3 30625 J.P. MORGAN CHASE & CO 04/30/2021 2,000,000.00 1,947,380.00 2,000,000.00 1.200 A2 1.184 303 04/30/2026 48128G4R8 30661 J.P. MORGAN CHASE & CO 08/17/2021 1,000,000.00 962,250.00 1,000,000.00 1.150 A2 1.134 412 08/17/2026 89236THP3 30607 TOYOTA MOTOR CREDIT CORP 02/24/2021 1,000,000.00 989,640.00 999,979.90 0.800 A1 0.796 107 10/16/2025 91324PEC2 30629 UNITEDHEALTH GROUP INC 05/20/2021 1,000,000.00 971,990.00 1,000,416.33 1.150 A3 1.086 318 05/15/2026 931142ER0 30670 WAL-MART STORES NOTE 09/17/2021 1,000,000.00 966,390.00 1,000,799.33 1.050 Aa2 0.969 443 09/17/2026 Subtotal and Average 19,916,516.21 19,125,000.00 18,635,761.25 19,117,041.93 1.100 290 Supranationals
4581X0EN4 30713 FIDELITY INSTL GOVT 657 02/26/2024 2,000,000.00 2,021,760.00 2,000,000.00 4.125 4.068 1,325 02/15/2029 459058JS3 30667 INTL BK RECON & DEVELOPMENT 08/31/2021 1,000,000.00 978,030.00 998,867.34 0.650 Aaa 0.829 224 02/10/2026 45950VPY6 30631 INTL FINANCE CORP 05/28/2021 1,000,000.00 986,870.00 1,000,000.00 1.500 Aaa 0.816 318 05/15/2026 Subtotal and Average 3,998,792.34 4,000,000.00 3,986,660.00 3,998,867.34 2.445 798 Total and Average 384,448,701.45 385,726,979.73 384,304,271.48 385,708,248.16 0.306 68 Portfolio CITY
AP
Run Date: 07/17/2025 - 16:50 PM (PRF_PM2) 7.3.11
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YTM
360

Par Value Book Value
Stated
Market Value Rate
June 30, 2025
Portfolio Details - Cash
Average
Balance Issuer
Portfolio Management

CITY OF SAN BERNARDINO
Days to
CUSIP Investment # Moody's Maturity
Purchase
Date
Passbook/Checking Accounts
SYS10002 10002 WELLS FARGO BANK 07/01/2022 4,044,320.00 4,044,320.00 4,044,320.00 0.000 1

0.00 384,448,701.45 389,771,299.73 0.306 68
1 4,066,516.52
22,196.52
4,066,516.52
22,196.52
Subtotal
Average Balance Accrued Interest at Purchase
Total Cash and Investments 388,370,788.00 389,774,764.68 Portfolio CITY
AP
Run Date: 07/17/2025 - 16:50 PM (PRF_PM2) 7.3.11
Packet Page 2115

Stated
Rate
Transaction
Date
June 1, 2025 through June 30, 2025
Activity By Type
Balance
Portfolio Management

CITY OF SAN BERNARDINO
CUSIP Investment # Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
State Local Agency Investment Fund (Monthly Summary)
Subtotal 83,957,784.44
Certificates of Deposit
Subtotal 500,000.00
Managed Pool Accounts (Monthly Summary)
Subtotal 0.00
Federal Agency Issues - Coupon
3133EMF98 30642 FEDERAL FARM CREDIT BANK 0.650 06/09/2025 0.00 1,000,000.00 3130ALLA0 30610 FEDERAL HOME LOAN BANK 0.700 06/24/2025 0.00 1,000,000.00 3130AMMT6 30640 FEDERAL HOME LOAN BANK 0.690 06/10/2025 0.00 1,000,000.00 3134GVT99 30581 FEDERAL HOME LOAN MORTGAGE CRP 0.650 06/30/2025 0.00 1,000,000.00 Subtotal 0.00 4,000,000.00 44,490,359.16
Money Market Funds (Monthly Summary)
SYS20002 20002 WELLS FARGO GOVT MONEY MARKET 0.010 15,646,573.94 10,998,494.21 Subtotal 15,646,573.94 10,998,494.21 233,644,195.29
Passbook/Checking Accounts (Monthly Summary)
SYS10002 10002 WELLS FARGO BANK 44,751,855.73 40,707,585.73 Subtotal 44,751,855.73 40,707,585.73 0.00
Corporate Notes
023135BQ8 30680 AMAZON.COM INC 0.800 06/03/2025 0.00 1,000,000.00 48128GU40 30582 J.P. MORGAN CHASE & CO 1.050 06/23/2025 0.00 1,000,000.00 Subtotal 0.00 2,000,000.00 19,117,041.93
Supranationals
Subtotal 3,998,867.34
Total 60,398,429.67 57,706,079.94 385,708,248.16
Portfolio CITY
AP
Run Date: 07/17/2025 - 16:50 PM (PRF_PM3) 7.3.11
Report Ver. 7.3.11
Packet Page 2116

June 30, 2025
Interest Earnings Summary
June 30Month Ending Fiscal Year To Date
Portfolio Management

CITY OF SAN BERNARDINO
CD/Coupon/Discount Investments:

Interest Collected 103,526.71
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
306,304.19
( 325,121.35)
1,240,086.11
336,868.11
( 417,522.43)
Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods
84,709.55
2,617.94

0.00 1,159,431.79
17,939.75

0.00 87,327.49 1,177,371.54
Pass Through Securities:

Interest Collected 0.00
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period

0.00 ( 0.00)

0.00 0.00
( 0.00)
Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods

0.00 0.00

0.00 0.00

0.00 0.00

0.00 0.00
Cash/Checking Accounts:

Interest Collected 788,421.38
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
-96,743.88
( 675,785.78)
12,042,577.87
-96,743.88
( 1,563,914.85)
Interest Earned during Period 15,891.72 10,381,919.14
Total Interest Earned during Period
Total Adjustments from Premiums and Discounts
Total Capital Gains or Losses
Total Earnings during Period
100,601.27
2,617.94

0.00 11,541,350.93
17,939.75

0.00 103,219.21 11,559,290.68
Portfolio CITY
AP
Run Date: 07/17/2025 - 16:50 PM (PRF_PM6) 7.3.11
Packet Page 2117
Report Ver. 7.3.11
Resolution No. 2025-300
RESOLUTION NO. 2025-300

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE UPDATED INVESTMENT POLICY FOR
FISCAL YEAR 2025/26.

WHEREAS, the City of San Bernardino has an existing investment policy consistent with state law and sound financial management; and
WHEREAS, the City's Investment Policy governs the cash, treasury, and investment management functions of the City and outlines investment objectives with a focus on safety, liquidity, and yield; and
WHEREAS, California Government Code Section 53646 requires the governing board of each local agency to annually review and re-approve its investment policy; and WHEREAS, the Director of Finance and Management Services has reviewed the current Investment Policy and has recommended updates to reflect recent changes in state law, including amendments to Government Code § 53601.8 pursuant to Chapter 239, Statutes of2024 (AB 2618); and
WHEREAS, such updates have been incorporated into the proposed Investment Policy, attached hereto as Exhibit "A," and are consistent with the most current Local Agency Investment Guidelines issued by the California Debt and Investment Advisory Commission; and WHEREAS, the updated Investment Policy has been presented to the Mayor and City Council for review and approval for Fiscal Year 2025/26.

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

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

SECTION 2. The Mayor and City Council hereby adopt the "Investment Policy for FY 2025/26," attached hereto as Exhibit "A" and incorporated herein and made a part of this Resolution.

SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Resolution 2025-300
June 4, 2025

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10. Approve Professional Services Agreements for Video Production and PostProduction in an amount not to exceed $366,060 (All Wards) Recommendation:

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

1. Approve the award of contracts to the four selected Vendor’s under RFQ F-25-4036; and

2. Authorize the City Manager to execute Professional Services Agreements with VideoFP in an amount not to exceed $88,100; with Alejandro Villanueva in an amount not to exceed $88,960; with Joseph Fernandez in an amount not to exceed $99,000; and with Fire Starter Studios in an amount not to exceed $90,000 over a two-year period; and

3. Authorize Director of Finance and Management Services to issue all related purchase orders not to exceed $366,060 for a two-year term.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 20, 2025
To: Honorable Mayor and City Council Members
From: Rolland Kornblau, Director of Information Technology; Eric Levitt, City Manager
Department: Information Technology
Subject: Approve Professional Services Agreements for Video Production and Post-Production in an amount not to
exceed $366,060 (All Wards)
Recommendation:

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

1. Approve the award of contracts to the four selected Vendor’s under RFQ F-25- 4036; and

2. Authorize the City Manager to execute Professional Services Agreements with VideoFP in an amount not to exceed $88,100; with Alejandro Villanueva in an amount not to exceed $88,960; with Joseph Fernandez in an amount not to exceed $99,000; and with Fire Starter Studios in an amount not to exceed $90,000 over a two-year period; and

3. Authorize Director of Finance and Management Services to issue all related purchase orders not to exceed $366,060 for a two-year term.

Executive Summary
The Information Technology Department seeks approval to award contracts totaling $366,060 over two years for professional video production and post-production services under RFQ F-25-4036. These services will support citywide communication efforts, including community updates, student recognition, sports coverage, and economic development messaging. Following a competitive procurement process, four vendors were selected to meet the City’s diverse media needs. Funding is fully allocated in the FY 2025/26 budget, with no impact to the General Fund. Approval will authorize execution of contracts and issuance of purchase orders to ensure timely Packet Page 2140
implementation across all wards.

Background
In alignment with the City's commitment to responsible and effective use of public funds, the Purchasing Division issues a Request for Quotes (RFQ) every two years to secure high-quality, professional video production and post-production services. Each selected vendor enters into a one-year agreement with the option of a one-year extension, at the City’s discretion. The RFQ structure allows for maximum flexibility by enabling prospective vendors to bid on specific services or any combination of services, ensuring comprehensive coverage while optimizing value. The city may select multiple vendors to fulfill the scope of services efficiently and effectively.

Discussion
The Purchasing Division conducted a competitive Request for Quotes (RFQ) process launched on April 8, 2025, with a May 1, 2025, deadline. Six qualified bids were received and evaluated based on the City's selection criteria, prioritizing lowest responsive and responsible bidders capable of meeting the City's comprehensive video production requirements.

The recommended contract structure provides maximum operational flexibility through:
• One-year initial agreements with optional one-year extensions at the City's discretion
• Multiple vendor selection to ensure comprehensive service coverage • Competitive pricing optimization across various service categories • Scalable service delivery to meet evolving City communication needs Four vendors have been selected to provide services:

Vendor Year 1 Year 2
VideoFP (Monthly show, weekly updates and community
segments $44,050 $44,050
Alejandro Villanueva (Outstanding student athlete video profiles) $44,480 $44,480
Joseph Fernandez (Live and weekly high school and
college sports coverage) $49,500 $49,500
Fire Starter Studios (Economic Development, marketing
and specialized videos) $45,000 $45,000
2 Year Total $366,060
2021-2025 Strategic Targets and Goals
The request for awarding the contracts aligns with Goal No. 2: Focused, Aligned Leadership and Unified Community to Develop and implement a community engagement plan. The enhanced video production capabilities will strengthen community engagement and support the development and implementation of a comprehensive community engagement plan.

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Fiscal Impact
The contracts present no General Fund impact, with sufficient funds allocated in the FY 2025/26 adopted budget. Future year funding will be incorporated into respective budget cycles, ensuring sustainable program continuation without additional financial burden.

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

1. Approve the award of contracts to the four selected Vendor’s under RFQ F-25- 4036; and

2. Authorize the City Manager to execute Professional Services Agreements with VideoFP in an amount not to exceed $88,100; with Alejandro Villanueva in an amount not to exceed $88,960; with Joseph Fernandez in an amount not to exceed $99,000; and with Fire Starter Studios in an amount not to exceed $90,000 over a two-year period; and

3. Authorize Director of Finance and Management Services to issue all related purchase orders not to exceed $366,060 for a two-year term.

Attachments
Attachment 1 - RFQ F-25-4036 Professional Video Production and Post-Production Services
Attachment 2 - VIDEOFP Proposal
Attachment 3 - PSA - FY25-26-VideoFP
Attachment 4 - JOSEPH FERNANDEZ Proposal
Attachment 5 - PSA - FY25-26-Joseph Fernandez
Attachment 6 - FIRE STARTER STUDIOS Proposal
Attachment 7 - PSA - FY25-26 - Fire Starter Studios
Attachment 8 - ALEJANDRO VILLANUEVA Proposal
Attachment 9 - PSA - FY25-26-Alejandro Villanueva
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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REQUEST FOR VENDOR QUOTES
FOR

CITY OF SAN BERNARDINO
FOR
RFQ F-25-4036

PROFESSIONAL VIDEO PRODUCTION
AND

POST-PRODUCTION SERVICES

CITY OF SAN BERNARDINO
290 North D Street
San Bernardino, California 92401
Telephone: (909) 384-7272
https://www.sbcity.org
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-25-4036
RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 2 OF 31

TABLE OF CONTENTS
NOTICE INVITING VENDOR PRICE QUOTES.............................................................. 3 I. BACKGROUND AND INTRODUCTION .................................................................. 4 II. REQUEST FOR QUOTES....................................................................................... 4 A. Scope of Work/Services ....................................................................................... 4 B. Project Manager ................................................................................................... 4 C. Schedule .............................................................................................................. 5 D. Requests for Clarification ..................................................................................... 5 E. Meeting................................................................................................................. 5 F. Site Examination................................................................................................... 6 G. Submittal Requirements of Vendor Price Quote................................................... 6 H. Selection Process................................................................................................. 6 I. General Conditions............................................................................................... 6 ATTACHMENT “A”.......................................................................................................... 8 ATTACHMENT “B”........................................................................................................ 11 ATTACHMENT “C”........................................................................................................ 30 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS...................................... 31 Packet Page 2144

REQUEST FOR VENDOR QUOTES
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NOTICE INVITING VENDOR PRICE QUOTES
PROJECT NO. RFQ F-25-4036

PROFESSIONAL VIDEO PRODUCTION
AND

POST-PRODUCTION SERVICES
PUBLIC NOTICE IS HEREBY GIVEN that vendor price quotes (“Quotes”) will be received by the City of San Bernardino (“City”) electronically through the City’s online bid management provider (“PlanetBids”), before 3:00 pm, Thursday, May 1, 2025. Quotes may NOT be submitted by fax, email, telephone, mail, hand delivery, or other means; any Quotes received through any means other than PlanetBids will be returned to the Vendor unopened.

The award of this contract is subject to the available budget adequate to carry out the provisions of the proposed agreement including the identified scope of work. The City reserves the right to reject any or all Quotes.

The City is committed to inclusion and diversity and welcomes proposals and bids from contractors, consultants, and vendors of all faiths, creeds, ancestries, and ethnicities without regard to disability, gender identity, sexual orientation, or immigration status. The City condemns and will not tolerate prejudice, racism, bigotry, hatred, bullying, or violence towards any group within or outside of our community.

Public Works Prevailing Wage and Contractor Registration N/A Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing at sections 1720 et seq. and 1770 et seq. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations (“DIR”). Copies of the State of California wage schedules are available for review at www.dir.ca.gov/dlsr/. In addition, a copy of the prevailing rate of per diem wages will be made available at the City upon request. The successful Vendor shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Vendor to whom the Agreement is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Agreement, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No proposal will be accepted nor any contract entered into without proof of the Vendor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Vendor and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. The contract awarded pursuant to this request may also be subject to compliance monitoring and enforcement by the DIR.

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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-25-4036
RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 4 OF 31
I. BACKGROUND AND INTRODUCTION
The City is requesting Quotes from qualified vendors1 (“Vendors”) for PROFESSIONAL VIDEO PRODUCTION AND POST PRODUCTION SERVICES (“Project/Equipment”). To serve and promote the welfare of its residents, the City intends to procure the Project/Equipment, as described below.

II. REQUEST FOR QUOTES
A. Scope of Work/Services
The Project/Equipment sought under this request are set forth in more detail in Attachment “A”, attached hereto and incorporated herein by this reference.

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

B. Project Manager
The Project Manager for the City regarding this request will be Michelle Parra, Buyer, Finance Department, Purchasing Division, 909-384-5083, [email protected], or a designated representative, who will coordinate the assistance to be provided by the City to the Vendor.
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1 Use of the term “Vendor(s)” shall mean individual proprietorship, partnership, Limited Liability Company, corporation or joint venture.

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C. Schedule
The tentative schedule is as follows:

ACTION DATE
Release of Request for Vendor Quote April 8, 2025
Pre-Bid Meeting Location: N/A N/A
Last Day to Submit Questions for Clarification
received by the City before 3:00 pm
April 14, 2025
Clarifications Issued by City by the end of the day April 18, 2025 Deadline for Receipt of Bids
submitted before 3:00 pm
May 1, 2025
Evaluations of Bids Completed May 2025
Interview of Finalist(s) May 2025
Vendor Selection May 2025
City Council Approval June 2025
Vendor Award (Agreement through DocuSign) June 2025
Purchase Order Issue July 2025
The above-scheduled dates are tentative, and the City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFQ at any time.

D. Requests for Clarification
All questions, requests for interpretations, or clarifications, either administrative or technical must be requested in writing and will be answered in writing through PlanetBids.

To ensure a response, questions must be received in writing no later than April 14, 2025, before 3:00 pm local time.

E. Meeting
For this request, there is no meeting.

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F. Site Examination
For this request, there is no Site Examination.

G. Submittal Requirements of Vendor Price Quote
The Quote must be received before 3:00 pm local time, on or before May 1, 2025, through PlanetBids. It is solely the responsibility of Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes. The City will only consider Quotes that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Quote was submitted successfully.

Vendors experiencing any technical difficulties with the Quote submission process may contact PlanetBids Support at 1-818-992-1771. Neither the City nor PlanetBids make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the Quote submission date and/or time.

Vendors to provide a Quote for the scope of Project/Equipment as set forth in the Vendor Quote Form attached hereto as Attachment “C” and incorporated herein by this reference. Vendors submitting a Quote agree to furnish services to the City in accordance with the Quote submitted, and to be bound by the terms and conditions of this Request for Vendor Price Quote. Vendor is certifying that it takes no exceptions to the request, including but not limited to, the Agreement.

H. Selection Process
The City will evaluate and award to the responsible Vendor offering the needed quality of supply or work or service at the lowest quotation or determined to be in the best interest of the City. During the evaluation process, the City reserves the right to request additional information or clarifications from Vendors, or to allow corrections of errors or omissions.

I. General Conditions

1. General: It is solely the responsibility of the Vendor to see that its Quote is properly submitted to PlanetBids in proper form and prior to the stated closing time. PlanetBids will not accept late Quotes.

2. Amendments to Request: The City reserves the right to amend the request or issue to all Vendors addenda to answer questions for clarification.

3. Non-Responsive Quotes: A Quote may be considered non-responsive if conditional or incomplete.

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

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

6. Availability to Perform Work: Vendor must be available to begin Project/Equipment within 5 working days of the contract being awarded and must complete all Project/Equipment.

7. Additional Costs to Perform Work/Services: The Vendor’s Quote is inclusive of all costs and applicable taxes. Vendor is responsible for all building permit fees, applicable renderings, plans, documentation and fees required by the Agreement. Vendor will be required to maintain at its own cost the necessary insurance as required by the Agreement and a City business license.

8. Vendor License: As applicable, Vendors shall be properly licensed for the services they provide

9. Additional Reservation of Rights by City: The City reserves the right to reject any and all Quotes. The City reserves the right to withdraw this Request for Vendor Quotes at any time without prior notice and the City makes no representations that a contract will be awarded to any Vendor responding to this Request for Vendor Quotes. The City reserves the right to postpone any deadlines required by this Request for Vendor Quotes, including, but not limited to the submittal date outlined in Section F of this Request for Vendor Quotes.
[END OF SECTION]
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ATTACHMENT “A”

PROPOSED SCOPE OF PROJECT/EQUIPMENT SERVICES
The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided.

PROFESSIONSCOPE OF REQUIRED SERVICES
A. SCOPE OF REQUIRED SERVICES
The City is seeking proposals for professional video production and post-production services from a qualified firm or firms in support of specific marketing efforts and community engagement activities. The successful vendor shall be awarded a 1 year agreement with a 1 year option to extend.

The chosen firm (“Contractor”) or firms (“Contractors”) is required to provide video production and post-production services to meet the following requirements as outlined in this Scope of Work.

Proposals shall demonstrate Contractor’s ability to provide on-call video production and postproduction services, including Contractor’s possession of or access to the necessary video production equipment and editing software and expertise to satisfactorily complete the Scope of Work. The successful “Contractor” or “Contractors” must have the knowledge, expertise, staff, and availability to perform all the work as specified within this RFP; and, have the resources to conduct a full service turnkey video recording and production operation. City does not commit to a specific number of projects or hours that video services and support may be needed.

1. Contractor shall work with the City to produce videos and vignettes on an on-call basis that are one (1) to sixty (60) minutes in duration. Contractor(s) shall contribute to all phases of video and audio production, including but not limited to concept design, scriptwriting, pre-production, post-production, and implementation. This also includes mastering video media for dissemination on various outlets such as the City’s website, social media, and the City’s government cable channel.

2. Produce videos and vignettes:
a. Produce no fewer than twelve (12) scripts, videos, and vignettes for the monthly newsmagazine show, Inland Empire Alive. Inland Empire Alive is intended to be a sixty (60) minute monthly show highlighting community events, city projects, and other items of interest of both the city and surrounding communities.

b. Produce and edit local area High School sports videos and vignettes for air on the City’s Government cable channel and other online platforms. The ability to provide coverage and live streaming of high school sports is required. c. Produce, edit, and run educational and informative videos and vignettes for air on the City’s government cable channel and other online platforms.

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RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 9 OF 31
d. Produce and edit no fewer than ten (10) videos and vignettes in support of the city’s Capital Improvement Project and highlight plan accomplishments. e. Produce and edit no fewer than five (5) videos and vignettes in support of marketing campaigns designed to promote the City and the business community.

These videos and vignettes would involve highlighting the general business climate, individual businesses, and promoting marketing campaigns and economic development initiatives. These video segments are intended to run two to three minutes each.
f. Use drones to capture aerial footage as needed for any requested video or vignette.
g. Produce and edit additional videos and vignettes as requested by the City. h. Provide photography services on an as-needed basis.

3. Contractor shall offer creative consulting to ensure City video production is in line with current industry design methods and standards. Contractor shall demonstrate experience producing high-quality professional videos for both public and private organizations.

4. All electronic video and vignettes produced shall be in a format compatible with the City’s video server and website. An example of a compatible video format is MPEG-4 or MP4.

5. Contractor shall maintain a video library of previously broadcast programming, used and un-used b-roll, and images and graphics for use in future video productions.

6. Consultant shall have the needed resources (camera equipment, lighting, editing computers, studio space) to film and edit special events, public service announcements and programs of interest to the City of San Bernardino. Projects can vary from short promotional videos to full-length event coverage videos. With reasonable notice, the Consultant will be required to attend events or project shoots for video recording, in addition to creating a final video product for distribution through multiple outlets including digital, social media, and other online distribution channels.

B. CONTRACT MODIFICATION
From time-to-time minor modifications may be required to the Scope of Work. Permanent modifications to the Scope of Work will be provided to the Contractor in writing. In the event such modifications, in the opinion of the Contractor, make compliance with contract conditions impractical, Contractor shall submit a written request for modification to the requirements in the Scope of Work. This request shall set forth in detail the reason(s) why the specified changes make the Scope of Work impractical and include Contractor’s proposal or recommendation to relieve impracticality.

C. INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP

1. Ownership Transfer: Upon full payment, the Contractor irrevocably transfers to the City all rights, title, and interest in and to all project materials, including but not limited to:
o Raw footage
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RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 10 OF 31
o Edited videos
o Scripts
o Graphic elements
o Music compositions or licenses obtained for the project o Any other work product created under this Agreement

2. Exclusive Rights: The City shall have exclusive and unrestricted rights to use, modify, distribute, and publicly display the video content for any purpose, in any medium, without additional compensation to the Contractor.

3. Third-Party Materials: The Contractor shall ensure that all third-party materials (e.g., stock footage, music, graphics) are properly licensed for perpetual, unrestricted use by the City. The Contractor is responsible for obtaining any necessary clearances and licenses.

D. ADA COMPLIANCE REQUIREMENTS
The Contractor agrees to ensure that all final deliverables comply with ADA accessibility standard including:
• Closed captions for all spoken content
• Transcripts for all audio-based content
• Audio descriptions where necessary for visual-only content E. INDEPENDENT CONTRACTOR
The Contractor is an independent contractor and not an employee or agent of the City. The City is not responsible for withholding taxes, benefits, or any other obligations on behalf of the Contractor.
.

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SAMPLE AGREEMENT – DO NOT COMPLETE
ATTACHMENT “B”
[INSERT TYPE OF AGREEMENT]
MODEL PROFESSIONAL SERVICES AGREEMENT – REMOVE THIS TITLE WHEN USED.

USE ONLY FOR PROFESSIONAL SERVICES – DEFINED AS: SPECIALIZED

SERVICES SUCH AS FINANCIAL, ECONOMIC, ACCOUNTING, LEGAL,

ENGINEERING OR ADMINISTRATIVE SERVICES
PLEASE NOTE: THIS PROFESSIONAL SERVICES AGREEMENT MAY NOT BE

USED TO CONTRACT FOR DESIGN SERVICES

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
This Agreement is made and entered into as of [***INSERT MONTH***] [***INSERT DATE***], 2024 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF

ENTITY AND STATE - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (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:
[***INSERT DESCRIPTION***] (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
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1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.

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

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

4. Compensation.
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.” [***Alternatively, the compensation schedule may be described here***]
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***]. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval.

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

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

Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. [***Additionally, the City may include a CPI price adjustment, delete the following language if such adjustment will not be used***] Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January Packet Page 2154

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through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council.

6. Term. This Agreement shall commence on the Effective Date and continue through [***INSERT DATE***], 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 here under within Term.

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

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

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

NO PERFORMANCE INDICATORS WILL BE USED DELETE THE ABOVE LANGUAGE AND ACCOMPANYING EXHIBIT B***]

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

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

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

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall Packet Page 2156

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become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law.

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

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

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(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
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(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(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 Packet Page 2158

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subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Aviation and/or Drone Liability [***REMOVE SECTION IF NOT APPLICABLE***]
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
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Cyber Liability $1,000,000 per occurrence and
aggregate
Aviation and/or Drone Liability $1,000,000 per occurrence limit [***REMOVE IF NOT APPLICABLE***]
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insured, 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 required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the Packet Page 2160

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policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waivers of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. 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
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.

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(iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

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

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are Packet Page 2162

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being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). [***IF CITY IS AWARE THAT THE CONSULTANT WILL PERFORM WORK

SUBJECT TO PREVAILING WAGE LAW, PLEASE CONTACT LEGAL COUNSEL TO OBTAIN GUIDANCE REGARDING REVISING THE FOLLOWING PROVISION***]If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

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

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

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an Packet Page 2163

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amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

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

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

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

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

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

27. Organization. Consultant shall assign [***INSERT NAME***] as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: [***INSERT DEPARTMENT HEAD
TITLE OR “City Manager”***]
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
[***INSERT NAME, ADDRESS &
CONTACT PERSON***]

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

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

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

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

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by Packet Page 2165

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operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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

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

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

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

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

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

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

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

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

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

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

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

[***INSERT NAME***]
City Manager
ATTESTED BY:

[***INSERT NAME***]
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

Signature

Name

Title
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EXHIBIT A
[***ATTACH OR INSERT: Scope of Services / Schedule of Charges and Payments / Activity Schedule***]
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[***IF NO PERFORMANCE INDICATORS WILL BE USED DELETE EXHIBIT B***]

EXHIBIT B

KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS

1. Performance Expectations
• A Performance Measurement Plan (“Performance Plan”) will be developed by the City [***INSERT DEPARTMENT***] and will be reviewed on a quarterly basis. • Consultant will track and document all performance measures identified in the Performance Plan. Measures will include, but a not limited to the measures listed below:
• Consultant will develop and distribute, electronically, a monthly summary report showing the current status and 12 month trend of each performance measure • Consultant will attend quarterly meetings scheduled by the City [***INSERT DEPARTMENT***]and present and discuss performance measures • Consultant will track all cost savings for all orders requested by Waste Resources and will report their total Cost Savings on a quarterly basis

2. Performance Measures

1. Safety:
a. Definition: the condition of being protected from or unlikely to cause danger, risk, or injury
b. Safety Measures are related to PW projects when a contractor is conducting work on a county facility and/or delivery materials and services to a county facility

2. Quality:
a. Definition: the standard of something as measured against other things of a similar kind; the degree of excellence of something.
b. Quality Measure is related to final result of a product or service. Ex. was the monitor installed correctly, crooked, upside down? Were monthly/annual inspections done correctly/on time, were they incomplete.

3. Cost Savings:
a. Definition: a reduction in expenses, especially in business b. Cost Savings Measure is related savings that a vendor makes and passes on to the County.

4. On-Time Delivery:
a. Definition: On Time Delivery or OTD refers to a key performance indicator measuring the rate of finished product and deliveries made in time. This Packet Page 2170

REQUEST FOR VENDOR QUOTES
Project No. RFQ F-25-4036
RFQ F-25-4038 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 29 OF 31
rate is expressed in the total number of units delivered within a set period defined by the customer and the supplier.
b. On-Time Delivery measure is related to service contracts, where the samples were delivered on time to the lab. This can also refer to pick-up services such as with environmental contracts that deal with hazardous samples
Packet Page 2171
ATTACHMENT “C”

VENDOR QUOTE FORM
VENDOR NAME: PHONE:

ADDRESS:

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

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

ITEM NO. DESCRIPTION QUANTITY UNIT COST TOTAL
AMOUNT

TOTAL VENDOR QUOTE
Total Number of Additional Pages:

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

SUBMITTED BY: TITLE:
(Authorized Representative Signature)
PRINT NAME:

Packet Page 2172

ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
VENDOR NAME: PHONE:

ADDRESS:

The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection for contract award. The insurance requirements are detailed below:
[***CONTACT RISK MANAGEMENT TO ASSESS REQUIREMENTS BASED ON EXHIBIT A SCOPE OF SERVICES PRIOR TO FINAILIZING RFQ/RFP***]

MINIMUM INSURANCE REQUIREMENTS

PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES

COVERAGE TYPE MINIMUM POLICY LIMITS
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury,
and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and aggregate Aviation and/or Drone Liability $1,000,000 per occurrence limit [***INSERT ADDITIONAL COVERAGE
TYPE HERE IF NEEDED***]
[***INSERT ADDITIONAL MINIMUM
POLICY LIMIT HERE IF NEEDED***]
By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe.

SUBMITTED BY: TITLE: ___________________
(Authorized Representative Signature)
PRINT NAME:

Packet Page 2173
0 PROPOSAL & BID RFQ F-25-4036
City of San Bernardino for Professional Video Production & Post-Production Services
Michael Wichman
VideoFP Media Production Services
Packet Page 2174
2 CONTENTS
▪ Cover
▪ Summary
▪ Identification
▪ Staffing Resources
▪ Experience & Technical Competence
▪ Examples / Images
▪ Methods to Accomplish Work
▪ References
▪ Fees
Packet Page 2175
1 PROPOSAL & BID REFERENCING RFQ F-25-4036
City of San Bernardino
Professional Video Production & Post-Production Services Executive Summary – Attachment “C” Narrative
PROPOSAL BID: $44,050
Submitted: 4/28/25
Thank you for the opportunity to present our proposal for your consideration.

Introduction: videoFP is committed to providing reliable and quality video production services to the City of San Bernardino, and its’ community. We are a local company with many ties to this area. We know San Bernardino well. We have a direct, 9-year, positive track record working with the City of San Bernardino.

Statements:
• I propose to perform the contracted services without subcontracting. • I have reviewed and read the RFQ and related addenda as of 4/28/2025 • I have thoroughly examined and become familiar with the items required under this RFQ and I attest that I am capable of the quality performance to achieve the City’s objectives. • I currently hold a valid City of San Bernardino Business certificate. • I am currently covered by the outlined, and required, liability insurance. • I am currently covered by the outlined, and required, automobile insurance. • I am currently covered by the outlined, and required, drone insurance • I will provide necessary proof, and certificates, of insurance policies. Policies shall be endorsed to waive any right of subrogation against the City, and its Subconsultants, employees, officers, agents and directors for work performed under this Contract.

All work 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. videoFP’s performance shall conform in all material respects to the requirements of the Scope of Work The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP ______________________________
MICHAEL WICHMAN, videoFP
This proposal is valid for 120 days from the date of submittal.

Packet Page 2176
3 IDENTIFICATION OF PROPOSER
Bidder: Michael Wichman, Owner
DBA videoFP Media Productions
City of San Bernardino Business #952343
Vendor #383 -VIDEO FP
Planet Bid Vendor ID#1040659
Busines Type: Sole Proprietor
Physical Address: 1520 Dexter Way
Redlands CA, 92374
909-214-3479
[email protected]
www.videofp.com
Mailing Address: Box 7962 Redlands, CA 92375
Packet Page 2177
4 Staffing
Michael Wichman
Video Producer/Director/ Editor/Videographer
videoFP Media Productions, Redlands
Create corporate, commercial, and industrial video productions for many corporate clients and advertising agencies.

This includes TV commercials, training, and promotion videos etc. Additionally, provide multi-camera live streaming services for virtual meetings, presentations, and events. Hire several outside production personnel (crew) depending on the scope of the projects.

Media Production Specialist, California State University, California Manage the University’s Television Production Studio, control room editing bays, and field equipment. Train students in the proper use. Research and purchase equipment within State budgets. Oversee maintenance and repair.

Assembled the original studio and have rebuilt, and fully upgraded it, four times. Keep studio and systems up to date and use the latest technologies possible. Budget for, and supervise, up to 6 paid assistants.

Camera/Director/ Editor, City of San Bernardino
Produce long-form videos for the City’s TV station. Live and pre-recorded events.

Directed magazine format talk shows and other productions as needed.

Director, KESQ-TV, Palm Springs California
KESQ-TV ABC network affiliate. Worked with producers and sales department. Shot and edited :30 Television commercials for the Palm Springs market. Directed the 11PM local newscast and other community affairs programs.

Assistant Film Editor, Technicolor, San Bernardino, California (former Norton Air Force Base) Technicolor was a contractor for the U.S Military. They provided production services and support to the combat camera division at Norton Air Force Base. Worked with senior editor in assembling 16mm and 35mm negatives.

Prepared the final edits to be sent to the lab to be processed etc.

David Brady
On-Camera Show Host/Writer
A journalist praised for his versatility and deftness with copy, David worked as a staff writer for the Los Angeles Times, online producer for the Orlando Sentinel and copy editor for the Los Angeles Daily News after earning a double-major degree in journalism and filmmaking. Next, he spent more than 14 years with Walt Disney Parks and Resorts in a variety of communication roles, including PR, social media, and internal communications. David served as PR manager for Walt Disney World Resort, where he produced and hosted its first podcast, as well as the first podcast for starwars.com, in collaboration with Lucasfilm. He also served on the grand opening task force for Hong Kong Disneyland, led social media efforts for the launch of the Disney Dream cruise ship, and worked as senior writer for Eyes & Ears, a biweekly magazine for Walt Disney World employees. At LEGOLAND Florida Resort, David led a team in developing strategic communication plans, crisis communications, and social media content, as well as PR stunts and grand openings, including live broadcasts, celebrity red carpets, and a satellite media tour. Coverage included USA TODAY, NBC’s “Today” Show, New York Times, Boston Globe, Fox Business Network, ABC News, NBC Sports, FOX Sports, and Parents magazine. On-Camera host for Inland Empire Alive since 2022.

Julie Farren
Researcher/ Guest Coordinator
Julie Farren has lived in San Bernardino for 51 years. She graduated from San Gorgonio High School in 1979 and earned her B.A. in communications/journalism from the University of Redlands in 1983. That same year, she started for the Gannett Co. and began her journalism career at the San Bernardino Sun as a news assistant in the Features dept. and was promoted to the news department five years later as a full-time reporter. She left the Sun and became a freelance writer for The Sun for 10 years, in addition to writing freelance stories for The Sun, she also wrote for Cal State San Bernardino, the University of Redlands and Inland Empire and Orange Coast magazines. In 2001, she was hired by the Press Enterprise and worked there for 9 years and wrote for The Record Gazette for 9 years, covering Beaumont city hall and the school district. She also has written for the Highland Community News. Currently, she is a freelance writer for the online newspaper Community Forward Redlands and volunteers for the Feldheym Library and coordinated the recent Inland Empire History Festival. She is an associate producer on Inland Empire Alive.

Packet Page 2178
5 Experience and Technical Competence
Videofp is a client-focused media production company founded by Michael Wichman in 1990. It specializes in corporate, commercial, and industrial media production as well as affordable, accessible, community-based video production services. Michael Wichman utilizes his 30 plus years of professional media production experience to service his many clients. Projects include news segment, talk shows, TV commercials, training videos, and much more. We also offer live-streaming video services.

In 2015 Michael began providing contracted service to the City of San Bernardino and, more specifically, the Inland Empire Media Group. This entity is supervised by Klyde Layon. Each year since, the services contract has been successfully renewed.

Most of the content produced has been community-based segments consisting of events happening around the city. A few examples: “San Bernardino City Festival”, “San Bernardino History Day”, “” and many more. We also produced a weekly informational calendar program titled “What’s Up San Bernardino.”
Additionally, videoFP produced a monthly magazine formatted show called “Inland Empire Alive” with various guests from the community and surrounding areas. This production creates a full hour program as well as 4 individual segments each month. • videoFP owns and operates up to date video equipment and utilizes industry video production standards and techniques.
• videoFP utilizes the latest version of Adobe Creative suite for audio and video editing plus graphics.
• videoFP subscribes to a major music licensing service to provide music beds, sound effects, graphics, stock video and still images.
• videoFP has continued to enjoy a strong relationship with the City of San Bernardino and its’ employees. videoFP has consistently met deadlines and schedules.
• videoFP is experience in all professional video formats and file codecs with the capability of providing broadcast quality deliverables that meet high quality standards.

Packet Page 2179
6 City of San Bernardino Festival
San Bernardino History Day
Packet Page 2180
7 “Inland Empire Alive!” Monthly Talk Show
Weekly Events Calendar – “What’s up San Bernardino”
Packet Page 2181
8 Proposed Method to Accomplish the Work: Action Plan
We propose to immediately continue the production processes on these programs. videoFP is currently actively producing programs and we look forward to adding even more exciting content soon.
“What’s up San Bernardino”
As a continuation of this weekly events calendar production, videoFP will continue researching upcoming events and writing scripts for voice over then editing the segments. After several years of producing this series, we have developed resources and contacts for most events that are occurring within the city of San Bernardino. We get emails weekly from viewer and organizations advising us their upcoming events as well.
“Inland Empire Alive!”
After another successful year or producing Inland Empire Alive! with host David Brady, we are excited to continue to bring interesting interviews to the community. We have several guests pre-booked, researched, and ready to appear on the program. We are also planning on an even wider range of topics and interesting guest including more onlocations segments. This is a 60-minute talk show formatted program. We’ve recently passed a 100-guest milestone!
“Community Events and City Projects”
videoFP will continue to cover interesting City and community events that are scheduled though out the year. From parks and recreation activities, to special memorial events.

We have produced dozens of segments on people, places, and events, of San Bernardino.
“Other Community Video Stories”
videoFP is committed produce other video content as needed or required. We plan on remaining flexible and as available as possible to help cover subjects that might arise on a short-notice basis.

Packet Page 2182
11 References
Brenner-Fiedler & Associates Project(s): Manufacturing Product Demos Capacity: Video Producer
Contact: Beth Sharkey
[email protected] (951)299-4100 x-241
Dates: 3/1/21 through present
City of San Bernardino – IEMG
Project(s): What’s up San Bernardino/Community Event Segments/Inland Empire Alive Capacity: Contracted Video Producer
Contact: Klyde Layon
[email protected]
(909) 384-5005
Dates: 7/1/15 through present
Corcoran Consulting Group – San Bernardino
Project: Medicare Medical Seminars and Educational programs Capacity: Video Producer
Contact: Kevin Corcoran
800-399-6565
[email protected]
Dates: 5/1/10 through present
Home Show Consultants - Riverside
Capacity: Video Producer
Contact: Douglas Salma
[email protected]
909-443-7712
Project: Home Show Television and Radio Commercials
Dates: 4/16/90 through present
Manufacture’s Council of the Inland Empire – Redlands
Project: Jobs in Manufacturing Videos -Seminars & Live Streaming Capacity: Video Producer
Contact: Molly Burgess
[email protected]
909-965-6089
Dates: 4/10/14 through present
WinpaK Corporation-Rialto
Project: Machine Demo Videos
Capacity: Video Producer
Contact: Mark Griffin
[email protected]
(909) 885-0715x180
Dates: 4/10/14 through present
Many more professional references upon request
Packet Page 2183
RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 32 OF 33 ATTACHMENT “D”

ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
VENDOR NAME: PHONE:

ADDRESS:

The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection for contract award. The insurance requirements are detailed below:

MINIMUM INSURANCE REQUIREMENTS
RFQ F-25-4036

PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES

COVERAGE TYPE MINIMUM POLICY LIMITS
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury,
and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability (If applicable) $1,000,000 per occurrence and aggregate Aviation and/or Drone Liability (If applicable) $1,000,000 per occurrence limit By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe.

SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)
PRINT NAME: TITLE: ___________________
videoFP (909)214_3479
1520 Dexter Way, Redlands CA 92374
Michael Wichman Owner
4/28/25
Packet Page 2184

REQUEST FOR VENDOR QUOTES
Project No. RFQ F-25-4036
RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 30 OF 33 ATTACHMENT “C”

VENDOR QUOTE FORM
VENDOR NAME: PHONE:

ADDRESS:

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

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

ITEM NO. DESCRIPTION QUANTITY UNIT COST TOTAL
AMOUNT

TOTAL VENDOR QUOTE
Total Number of Additional Pages:

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

SUBMITTED BY: TITLE:
(Authorized Representative Signature)
PRINT NAME:
videoFP (909)214-3479
1520 Dexter Way, Redlands CA 92374
1 12
2 3
$2,500.00
$210.00
20 $200.00
$44,050.00
0 Michael Wichman
Owner
Produce Weekly Local Events Highlight
$30,000.00
$10,050.00
$4,000.00
Produce Monthy Community Talk Show
Misc Community Events and City Projects
50 Packet Page 2185
12 Certification of Proposal
“The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFQ), and to be bound by the terms and conditions of the RFQ.”
____________________________________ ___________________________ Michael Wichman videoFP Date
4/28/25
Packet Page 2186

REQUEST FOR VENDOR QUOTES
Project No. RFQ F-25-4036
RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 30 OF 33 ATTACHMENT “C”

VENDOR QUOTE FORM
VENDOR NAME: PHONE:

ADDRESS:

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

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

ITEM NO. DESCRIPTION QUANTITY UNIT COST TOTAL
AMOUNT

TOTAL VENDOR QUOTE
Total Number of Additional Pages:

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

SUBMITTED BY: TITLE:
(Authorized Representative Signature)
PRINT NAME:
videoFP (909)214-3479
1520 Dexter Way, Redlands CA 92374
1 12
2 3
$2,500.00
$210.00
20 $200.00
$44,050.00
0 Michael Wichman
Owner
Produce Weekly Local Events Highlight
$30,000.00
$10,050.00
$4,000.00
Produce Monthy Community Talk Show
Misc Community Events and City Projects
50 Packet Page 2187
1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND VIDEOFP
This Agreement is made and entered into as of August 20, 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 VideoFP, a Sole Proprietorship with its principal place of business at 1520 Dexter Way, 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:

Professional Video Production and Post-Production Services (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
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.” Packet Page 2188
2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $88,100.00. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

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

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

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

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

6. Term. This Agreement shall commence on the Effective Date and continue through August 20, 2026, unless the Agreement is previously terminated as provided for herein (“Term”). The City shall have the option to extend the Agreement for one (1) additional year upon written notice to the Consultant prior to the expiration of the Initial 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.

Packet Page 2189
3 a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

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

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of Packet Page 2190
4 interest with the City.

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

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

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

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

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies Packet Page 2191
5 acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

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

Packet Page 2192
6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Aviation and/or Drone Liability
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7 At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
Aviation and/or Drone Liability $1,000,000 per occurrence limit (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional Packet Page 2194
8 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 required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. 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:

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9 (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
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. 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 commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, Packet Page 2196
10 employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

19. Verification of Employment Eligibility. By executing this Agreement, Packet Page 2197
11 Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

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

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

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

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

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the Packet Page 2198
12 matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

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

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

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

27. Organization. Consultant shall assign Michael Wichman as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Rolland Kornblau, IT Director
With Copy To:

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

VideoFP
1520 Dexter Way
Redlands, CA 92374
Attn: Michael Wichman

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

31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant Packet Page 2199
13 for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

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

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

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

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

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

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

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

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

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

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

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

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

BETWEEN THE CITY OF SAN BERNARDINO

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

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
ATTESTED BY:

Telicia Lopez
Acting City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Michael Wichman__
Name
Owner, Video FP___
Title
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16 EXHIBIT A
Scope of Services / Schedule of Charges and Payments
Consultant shall provide professional video production and post-production services to support the City’s public outreach and communication efforts. Consultant will be responsible for producing up to thirty-two (32) short-form video vignettes, each approximately three to four (3–4) minutes in length, as assigned by the City.

DELIVERY SCHEDULE:
• One single produced video package Total Run Time (TRT) is between 45 to 60 seconds
• Actual weekly delivery based on negotiated schedule
• Consultant will provide bi-weekly invoice
o One-hour (TRT) is 56:40
o Half hour TRT is 26:40
• Consultant shall confirm the latest file formats for submission SCOPE OF WORK:

A. Produce no fewer than twelve (12) scripts, videos, and vignettes for Inland Empire Alive, a one (1) hour newsmagazine type monthly show
B. Produce, and edit educational and informative videos and vignettes for air on the City’s government channel
C. Produce city community events and misc. projects as requested.

SCHEDULE OF CHARGES BASED ON SCOPE OF WORK:

Task Quantity Unit Rate Year 1 Total Option Year
Total
A. Inland Empire Alive (monthly show)
Informative/Educational Vignettes
12 episodes $2,500 $30,000 $30,000
B. Informative/Educational Vignettes 50 videos $210 $10,500 $10,500 C. Community Events / Miscellaneous 20 videos $200 $4,000 $4000 Annual Subtotal $44,050 $44,050
Annual Not-to-Exceed (NTE) $44,050 $44,050
Total Contract Not-To-Exceed (if option year is exercised): $88,100.

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17 Additional Services:

Any additional services beyond the defined scope must be pre-approved in writing by the City and will be billed at a rate of $90 per hour.

WORK FOR HIRE:

All media recorded, captured, or created by Consultant in connection with the production—whether or not the project is completed—shall be deemed a “work for hire” under applicable law and shall be the sole and exclusive property of the City of San Bernardino. Consultant shall return to the City all such media in its possession, custody, or control within thirty (30) days of the termination or expiration of this Agreement.

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Professional Video Production and Post-Production Services City of San Bernardino
Identification of Proposer
a. Legal Name and Address of the company:

Joseph Fernandez
12862 South Lane
Redlands, CA 92373
b. Legal form of company: Sole Proprietor
c. If company is wholly owned subsidiary of a “parent company” identify the “parent company”: N/A, Sole Proprietor
d. Name, title, address and telephone number of the proposed representative to contact concerning the Proposal Submittal:

Joseph Fernandez, Owner
12862 South Lane
Redlands, CA 92373
530.356.6260
e. California Business License Number: N/A, Joseph Fernandez SSN:

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ATTACHMENT A
DELIVERY SCHEDULE:

One 30 minute local sports show to be delivered weekly for up to 52 weeks; 3-5 segments per weekly show.
$500 per weekly show
One 60 minute local high school prep football show to be delivered weekly/live for no less than 12 weeks if contract is signed in a timely manner to allow 12 weeks of football in season.
$1200 per weekly football show
14 high school games (SBCUSD) streamed live via the Internet to IEMG’s YouTube channel.
$700 per live produced and streamed game
Total Vendor Price: $49,500
SCOPE OF WORK: For the past nine years, Joseph Fernandez has successfully delivered sports programming to the City of San Bernardino in a variety of ways; including but not limited to live sports broadcasts, weekly high school football show and the Sports Weekly program. The methods and strategies utilized the past nine years will continue to guide us in 2025-2026 while also remaining open-minded to improve practices for video production.

As it pertains to Sports Weekly, Joseph Fernandez delivers three to four segments, totaling approximately 30 minutes, to the City of San Bernardino every Sunday night. The expectation is to publish these segments during the following week to the IEMG YouTube Channel while also using these segments to produce a half-hour program that airs on the City of San Bernardino TV Cable Channel. The Sports Weekly program contains exclusive interviews, highlights from local games, features on local athletes and coaches and scores from around the area. The content of the show largely comes from the relationships we have built with the schools in San Bernardino and the access they provide. We are able to provide coverage of games on campus, interview athletes and coaches and highlight different teams to frame high school sports in a positive light. Joseph Fernandez shoots and edits the video for Sports Weekly, writes script, and post-produces each segment complete with graphics before delivering to IEMG and the City of San Bernardino.

As it pertains to the high school football show Sports Weekly LIVE, Joseph Fernandez delivers a LIVE onehour program for at least, but not limited to, 12 weeks during the high school football season. Sports Weekly LIVE consists of highlights and interviews from high school football games in San Bernardino and associated leagues. Joseph Fernandez coordinates the coverage each week of high school football in order to cover all the local games. We shoot and edit video in preparation for the live football show which airs once per week. Once the show is finished, it’s archived on the YouTube Channel and prepped for replay on the TV cable channel.

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Not only does Joseph Fernandez provide coverage of the games, but he is also in-charge of the live broadcasts as the show is streamed to the IEMG YouTube Channel. Sports Weekly LIVE is the only high school football show in the Inland Empire and routinely gets more views than any other content on the IEMG YouTube Channel. When people watch Sports Weekly LIVE, they also see PSAs that showcase the City of San Bernardino. By design, we use the football show as a vehicle to spotlight some of the many services and programs that the City of San Bernardino has to offer. We know that more people watch football than anything else on IEMG, so we use that to our advantage to highlight the video PSAs produced by the staff of IEMG.

As it pertains to live streaming games, Joseph Fernandez is committed to covering local high school and college games and providing live stream to the IEMG YouTube Channel. Joseph Fernandez provides all of the necessary equipment, including Mac computer, cameras, microphones, lights, cables (HDMI, SDI, XLR, ethernet), headsets, switcher, audio mixer, tables, chairs, EZ-ups and fans if necessary. LIVE games covered by Joseph Fernandez for IEMG including San Bernardino Valley College football, high school football, high school soccer, high school basketball, high school baseball and high school softball. In each instance, Joseph Fernandez is responsible for coordinating with the CIF Southern Section office to obtain live streaming rights for the high school games. Specifically, to SBVC, Joseph Fernandez is responsible for coordinating with the college’s athletic director on live stream set-up including location, internet access and power supply. As in year’s past, Joseph Fernandez intends to live stream the five home football games for SBVC and no-less than a dozen high school games throughout the high school sports calendar. Joseph Fernandez will communicate with IEMG to target some of the top games and teams in the City of San Bernardino for live coverage. The games will be LIVE streamed to the IEMG YouTube Channel and later replayed on the TV cable channel.

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ATTACHMENT “B”

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND JOSEPH “PEP” FERNANDEZ
This Agreement is made and entered into as of May 1, 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 Joseph Fernandez a Sole-Proprietor with its principal place of business at 12862 South Lane, Redlands, CA 92373, (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: SPORTS PROGRAMMING (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A”.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $49,500. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for Packet Page 2208
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completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

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

Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing.

6. Term. This Agreement shall commence on the Effective Date and continue through July 1, 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 here under within Term.

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

For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.

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c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

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

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

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

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

15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City.

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

16. Insurance. Consultant shall not commence work for the City until it has provided satisfactory evidence 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.

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

Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(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 Citydesignated 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 selfinsured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.

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(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Aviation and/or Drone Liability: No drones will be used. h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate Packet Page 2212
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i. Evidence Required, Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insured, 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 required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waivers of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. 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:
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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
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
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 commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Packet Page 2214
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Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

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

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

City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant Packet Page 2215
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shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

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

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement.

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

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

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

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

27. Organization. Consultant shall assign Joseph “Pep” Fernandez as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

CITY:

City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: [***INSERT DEPARTMENT HEAD TITLE OR “City Manager”***] CONSULTANT: Joseph “Pep” Fernandez 12862 South Lane, Redlands, CA 92373 With Copy To:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND JOSEPH “PEP” FERNANDEZ
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY: _____________________
City Manager
ATTESTED BY: _______________________________
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
______________________________________
Signature

Name: Joseph “Pep” Fernandez

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ATTACHMENT “C”

VENDOR QOUTE FORM
VENDOR NAME: Joseph Fernandez
ADDRESS: 12862 South Lane, Redlands CA 92373
PHONE: 530-356-6260
The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES The undersigned, hereby proposes to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Price Form for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QOUTE PRICE.

Item No. Description Quantity Unit Cost Total Amount
1 SPORTS WEEKLY 51 500.00 $25,500.00
2 SPORTS WEEKLY LIVE 13 1200.00 $15,600.00
3 SPORTS LIVE PRODUCTIONS 12 700.00 $8,400.00
TOTAL VENDOR PRICE: $49,500.00
Total Number of Additional Pages:

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

Submitted By: Title: OWNER AND OPERATOR
(Authorized Representative Signature)
Print Name: JOSEPH FERNANDEZ
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ATTACHMENT C
Continued
Executive Summary:

This proposal is for Joseph Fernandez to provide to the City of San Bernardino content to facilitate the provision of sports coverage of the high schools and colleges in the City of San Bernardino. Content includes a live one-hour football show, live streaming local games, and providing weekly 30 minute sports program with interviews, highlights and scores. Joseph Fernandez has been proud to serve the City of San Bernardino faithfully for nine years in this role.

Joseph Fernandez will be the primary person to fulfill this contract. If additional help is needed, he will fill that need with interns and additional sub-contracted sports staff.

Project Specific Experience:
a. Experience:
i. Joseph Fernandez has been in the TV industry for 25 years with a wealth of experience in producing live shows, long formatted features and live game broadcasts. This is based on a skill set that encompasses all aspects of broadcasting including: producing, directing, videography, editing, hosting and managerial experience. Based on his resume, it is apparent that Joseph Fernandez is prepared to meet the goals identified in the RFP and has done so for the City of San Bernardino faithfully for nine years.
ii. Any sub-contractors that will be assisting in fulfilling this contract has worked with Joseph Fernandez in broadcasting and video production. Each contractor has their own skill set and will fulfill their obligation. All have assisted Joseph Fernandez in live games and shows for Inland_Sports and most have assisted in programing for IEMG in the past. iii. Joseph Fernandez has 25 years of experience in television and radio and has worked with the City of San Bernardino in this role for eight years.
iv. References:

Klyde Layon - IEMG TV3
Sports Weekly and Sports Weekly LIVE programming
2015-present
909-384-5005
201 North E Street - Suite 103
San Bernardino, CA 92401
E-mail: [email protected]
CITY OF RIVERSIDE:

Ryan Marty, City of Riverside TV
Riverside TV Highlight Reel & Football Game of the Week 2014-Present
714-651-7587
3900 Main Street
Riverside, CA 92522
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VAL VERDE SCHOOL DISTRICT
Johnny Nunez, Teen Vision TV 16
The Inland Sports Show, weekly one-hour sports show
2014-2024
951-940-6155
972 Morgan Street
Perris, CA 92571
E-mail: [email protected]
v. Joseph Fernandez has been producing shows on local sports in the San Bernardino area since 2014. He has extensive knowledge of the area, teams, coaches, league officials, and school staff. He has been honored by many local organizations for his commitment to highlighting local athletes and their contributions to the greater San Bernardino area. b. Project Specific Experience
i. IEMG:
a. Role: Contractor/Video Producer
b. Dollar value of the services: $49,500
c. Dollar value of the fee: NA
d. Description of services and weblinks: Provided live streaming of games, weekly sports show and weekly football show: YouTube: IE Media Group
e. Staffing: Joseph Fernandez
f. Duration of providing services: 12 months
g. Relationship to client: Business
Contact Information: 909-384-5005
201 North E Street - Suite 103
San Bernardino, CA 92401
E-mail: [email protected]
ii. City of Riverside:
a. Role: Freelance Host/Producer
b. Dollar value of the services: $5,000
c. Dollar value of the fee: NA
d. Description of services and weblinks: Deliver sports video packages, live hosting and reporting: YouTube: City of Riverside
e. Staffing: Joseph Fernandez
f. Duration of providing services: 12 months
g. Relationship to client: Business
Contact Information: 951-826-5964
3900 Main Street
Riverside, CA 92522
iii. Inland_Sports:
a. Role: Owner
b. Dollar value of the services: Enter into contract with show sponsors c. Dollar value of the fee: $350 per sponsor
d. Description of services and weblinks: Weekly one-hour show, website maintenance, social media: YouTube: Inland_Sports
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e. Staffing: Joseph Fernandez
f. Duration of providing services: 12 months
g. Relationship to client: Own company
h. Contact Information: 530-356-6260
iv. There has never been a failure of any kind in regard to contracts or agreements with Joseph Fernandez. Nor has there been any withdrawal or litigation of any kind. c. Technical Competence:
i. Description of In-House Resources: Mac laptop, Mac Computer, video cameras, tri-pods, microphones, lights, power cords, Final Cut Pro editing software, Wirecast software. ii. Ability to draw upon multi-disciplinary staff: Joseph Fernandez with a versatile skillset can more than fulfill the services requested in the RFP and works closely with sub-contractors that also have professional broadcasting experience.

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ATTACHMENT “D”

ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
VENDOR NAME: JOSEPH FERNANDEZ
PHONE: 530.356.6260
ADDRESS: 12862 South Lane, Redlands, CA 92373
The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection for contract award. The insurance requirements are detailed below:

MINIMUM INSURANCE REQUIREMENTS
RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES

COVERAGE TYPE
Commercial General Liability: MINIMUM POLICY LIMITS $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions) By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe.

SUBMITTED BY:

PRINT NAME: JOSEPH FERNANDEZ
______________________________________________
DATE: 4/20/2025
TITLE: OWNER/ SOLE PROP.

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND JOSEPH FERNANDEZ
This Agreement is made and entered into as of August 20, 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 Joseph Fernandez, a Sole Proprietorship with its principal place of business at 12862 South Lane, Redland, California 92373 (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:

Professional Video Production and Post-Production Services (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
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.” Packet Page 2229
2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $99,000. 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 approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.

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

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

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

6. Term. This Agreement shall commence on the Effective Date and continue through August 20, 2026, unless the Agreement is previously terminated as provided for herein (“Term”). The City shall have the option to extend the Agreement for one (1) additional year upon written notice to the Consultant prior to the expiration of the Initial Term.

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

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

9. Delays in Performance.

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

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

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

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of Packet Page 2231
4 interest with the City.

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

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

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

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

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies Packet Page 2232
5 acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

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

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6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Aviation and/or Drone Liability
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7 At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
Aviation and/or Drone Liability Not Applicable
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

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8 j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. 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 Packet Page 2236
9 to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. 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 commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and Packet Page 2237
10 expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to Packet Page 2238
11 time, and shall require all subconsultants and sub-subconsultants to comply with the same.

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

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

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

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

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

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

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

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

27. Organization. Consultant shall assign Joseph Fernandez as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Rolland Kornblau, IT Director
With Copy To:

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

Joseph Fernandez
12862 South Lane
Redlands, CA 92373
Attn: Joseph Fernandez

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

31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination Packet Page 2240
13 shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

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

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

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

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

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

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

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

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

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

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

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

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

BETWEEN THE CITY OF SAN BERNARDINO

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

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
ATTESTED BY:

Telitia Lopez
Acting City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Joseph Fernandez__
Name
Producer
Title
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16 EXHIBIT A
Scope of Work/Schedule of Charges
SCOPE OF WORK:

Produce and edit local area High School sports videos and vignettes for air on the City’s Government cable channel and other online platforms. The ability to provide coverage and live streaming of High School sports is required.

DELIVERY SCHEDULE:
• One 30-minute local sports show to be delivered weekly for up to 51 weeks; 3-5 segments per weekly show.
• One 60-minute local high school prep football show to be delivered weekly/live for no less than 13 weeks if contract is signed in a timely manner to allow 13 weeks of football in season.
• 12 high school games (SBCUSD) streamed live via the Internet to IEMG’s YouTube channel.
• Producer will provide invoices upon delivery
• Please check as to the latest file formats
SCHEDULE OF CHARGES:
• $500 per weekly show
• $1200 per weekly football show
• $700 per live produced and streamed game, not including CIF-SS Broadcast rights if applicable
Deliverable Unit Rate Quantity
(Annual)
Base Term
FY25-26
Option Year
FY26-27
Total
Contract
NTE
Weekly Local Sports Shows $500 51 episodes $25,500 $25,500 $51,000 Weekly Football Shows $1,200 13 episodes $15,600 $15,600 $31,200 Livestreamed High School
Games
$700 12 games $8,400 $8,400 $16,800
Annual Not-to-Exceed $49,500 $49,500 -
Total Not-to-Exceed $99,000
All deliverables are annual, and the same scope is expected in both years. No additional compensation shall be paid unless authorized in writing by the City.

Packet Page 2244
17 WORK FOR HIRE:

Whether or not a show is taken through all the steps to completion, all media recorded and/or created as part of the production of the show is the result of a “work for hire” agreement and is the sole property of the City of San Bernardino. Any media in the possession of the Consultant must be relinquished to the City of San Bernardino within thirty (30) days of the termination of the production.

Packet Page 2245

CITY OF SAN BERNARDINO
RFQ F-25-4036

PROFESSIONAL VIDEO

PRODUCTION AND

POST-PRODUCTION SERVICES

NARRATIVE

FIRE STARTER STUDIOS
UEI: PA5SH2TL2AA7
Contact: Kimberly A. Austin
28348 Constellation Road, Suite 820
Santa Clarita, CA 91355
[email protected] | 747-201-7400 x107
Packet Page 2246
City of San Bernardino RFQ F-25-4036 FIRE STARTER STUDIOS Professional Video Production and Post Production Services UEI: PA5SH2TL2AA7 2 EXECUTIVE SUMMARY
Fire Starter Studios tells stories that connect, resonate, and make an impact. Whether it’s a fastpaced highlight reel or a long-form community spotlight, our work is built to inform, inspire, and connect. With Emmy-nominated experience, deep roots in documentary, nonfiction, and live sports production, and a reputation for delivering broadcast-quality content on tight timelines, our team brings both creative vision and rock-solid reliability to every frame.

Led by Director/Producer Rachel Klein and Writer/Producer Kimberly A. Austin, our studio blends storytelling instincts honed in the entertainment and broadcast sports industry with a decade of experience serving government entities, nonprofits, and major brands including: the National Endowment for the Arts, US Forest Service, Oregon Department of Education, City of Palmdale, County of Los Angeles, UNICEF, and the Nobel Prize winning World Food Program.

Rachel’s background includes years of producing live sports for networks, including awardwinning sports programming for NBC, CBS, ABC, Fox, HBO, and ESPN, and marquee documentary projects like ESPN’s 30 for 30: The Fab Five, Fox’s UFC Primetime, and Xbox’s Every Street United. From managing split-location shoots on compressed schedules to delivering polished episodes under weekly deadlines, our team knows what it takes to deliver when the pressure’s on.

Kimberly comes from documentary and nonfiction television with extensive experience producing talk, magazine-format, documentary, and nonfiction series for networks like CBS, Fox, Lifetime, A&E, Discovery, HGTV, DIY, Travel Channel, and Disney Channel. She has produced content from documentary features to magazine content, cooking, gardening, crafts, how-to, court shows, profiles, and reality.

We bring that same energy and precision to every project, whether we’re building content for federal agencies or producing a feature-length film. Our work on United States of Arts—a 67- episode documentary series for the National Endowment for the Arts—was recognized with back-to-back Primetime Emmy® nominations. These short films, produced under a federal contract, captured artists and organizations in all 50 states and U.S. jurisdictions. The result was a vast library of footage, which we later repurposed into custom social content under a separate NEA contract, showcasing our ability to scale, organize, and creatively reimagine assets across platforms.

Our series National Endowment for the Arts: United States of Arts, produced under a federal contract, earned back-to-back Primetime Emmy® nominations—unprecedented for an independent studio in a category usually dominated by national networks. It’s a testament to the level of quality and care we bring to every project we take on.

Fire Starter Studios (certified SBE, WBE, and DBE) offers end-to-end production services:
creative consulting, scripting, shooting (including by FAA licensed Drone pilots), motion graphics, sound mixing, and final mastering for all platforms—from social media to cable broadcast. We maintain an extensive and well-organized footage library for long-term projects with clear logs and transcripts. Whether highlighting capital improvement projects, promoting economic development, or helping residents connect with city services, we’re here to make the City of San Bernardino look and sound its best.

We deliver broadcast-quality content that resonates on time and on budget! Packet Page 2247
City of San Bernardino RFQ F-25-4036 FIRE STARTER STUDIOS Professional Video Production and Post Production Services UEI: PA5SH2TL2AA7 3 PROJECT SPECIFIC EXPERIENCE:

Los Angeles County Women and Girls Initiative
Role of the firm: Full-service video production from development through final delivery Dollar value of the services provided: $90,000
Dollar value of the total contract fee: $90,000
Description of services provided: The County of Los Angeles Women and Girls Initiative commissioned Fire Starter Studios to create unique and memorable instructional videos to kick off the first ever county wide Gender Impact Assessment. As a team of female creatives, we jumped at this opportunity and created an award-winning Vox style suite of videos to train county employees on what a Gender Lens is and how to conduct a Gender Impact Assessment of all county departments and programs.

Links to sample videos from this project:
https://vimeo.com/691047009 Password = FIRE
This video kicked off the instructional course that Fire Starter Studios created for Los Angeles County’s first ever Gender Impact Assessment a training course for county employees to introduce the concept of Gender Equity and teach them how to conduct the Gender Impact Assessment of Los Angeles County’s services and programs. https://vimeo.com/691046416 Password = FIRE
This second video is from later in the course when the specifics for conducting the Gender Impact Assessment were detailed.

Staffing assigned to the project: Producer/Director Rachel Klein, Producer/Writer Kimberly Austin, Director of Post Production/Editor Erik Hogan, Post Supervisor Christine Hsia, Director of Photography Eric Middleman, Audio Suzan Jones, Wardrobe Kristin Ingram, Editor Eric Middleman
Duration of services provided: November 2021 - April 2023 Relationship to the client: Fire Starter Studios was awarded a spot on the video production bench for Los Angeles County. While on that bench we were awarded the contract to produce the suite of training videos for the Women and Girls. We had previously created animated videos Office of the CEO for LA-HOP (Los Angeles County Homeless Outreach Portal) and for the Los Angeles County Public Library.

Client Reference Contact Information
Abbe Land
Executive Director, Women and Girls Initiative
Los Angeles County Office of the CEO
323-533-0663
[email protected]
Packet Page 2248
City of San Bernardino RFQ F-25-4036 FIRE STARTER STUDIOS Professional Video Production and Post Production Services UEI: PA5SH2TL2AA7 4 Metropolitan Nashville Public Schools
Role of the firm: Full-service video production from development through final delivery Dollar value of the services provided: $150,000
Dollar value of the total contract fee: $500,00 - funding for the project was cut to $150 before we even began work.

Description of services provided: For Metropolitan Nashville Public Schools, Fire Starter Studios created a suite of documentary style videos designed to highlight best practices for English Language Arts education from kindergarten all the way through high school level classes. For this project we worked closely with MNPS Literacy Curriculum Directors, Assistant Directors, Teachers, and administrators to develop the structure of each video, what would be featured, who would be interviewed, when, how, etc. Detailed treatments were developed for each video as well as individual interview questions for each teacher, administrator and student interviewed. Fire Starter Studios provided all per-production, production, and post production services. Under this contract a total of 8 videos were created ranging from 6-30 minutes each, 4 focused on elementary literacy and 4 on secondary (middle and high schoolers).

Links to sample videos from this project:
**This link and the video are confidential. They are submitted for review purposes only for this RFP and to be considered confidential.**
Password for videos: SanB2025
How Teachers Can Implement Aggressive Monitoring https://vimeo.com/949359474 School Culture https://vimeo.com/949362269
Staffing assigned to the project: Producer/Writer Kimberly Austin, Producer/Director Rachel Klein, Director of Post Production/Editor Erik Hogan, Producer Melissa Friedman, Director of Photography Randy Hale, Audio Phil Turner, Editor Jonathan Lee Duration of services provided: Project kickoff was February 28, 2024, and final delivery was made June 4, 2024.

Relationship to the client: Fire Starter Studios had no prior relationship with Metropolitan Nashville Public Schools. They issued an RFP, Fire Starter Studios submitted a proposal, and we were chosen for contract award. MNPS stakeholders were thrilled with the finished videos.

Client Reference Contact Information
Jill Petty
Executive Director, Curriculum & Instruction, Division of Teaching and Learning Metropolitan Nashville Public Schools
615-259-8718
[email protected]
Packet Page 2249
City of San Bernardino RFQ F-25-4036 FIRE STARTER STUDIOS Professional Video Production and Post Production Services UEI: PA5SH2TL2AA7 5 U.S. Department of Agriculture Forest Service
Role of the firm: Fire Starter Studios was contracted to take pre-existing virtual interview footage and do all the work necessary to deliver a completed film.

Dollar value of the services provided: $52,650
Dollar value of the total contract fee: $52,650
Description of services provided: The USDA Forest Service needed a production company to create a cohesive narrative of the Evolution of their Serious Accident Review process from one that looks to find fault to one that seeks to learn from accidents and help stop them from happening in the future. They had hundreds of hours of interviews with more than 60 individuals conducted during COVID over Microsoft Teams and wanted to turn that into a narrative, documentary-style film. Fire Starter Studios combed through the interviews, presented an outline, and then crafted a story-driven narrative highlighting firsthand experiences and remembrances. The resulting film offers both the factual account, not just the evolution of the serious accident review process within the Forest Service, but why and how it happened, what obstacles were faced, from whom, and how those obstacles were overcome.

Even though for this project we were working backwards, crafting a completed film out of preexisting pieces, the skillset and desired outcome are the same. Convey the essential learning information in a way that resonates with the viewer and teaches the desired content.

Link: https://youtu.be/1FuWyE0-BHI?si=r9rZlq28va81LeJo
This is the link to the US Forest Service’s Wildland Fire Lessons Learned Center YouTube Channel
Staffing assigned to the project: Producer/Writer Kimberly Austin, Producer/Director Rachel Klein, and Director of Post Production/Editor Erik Hogan.

Duration of services provided: The contract ran from October 2023 to October 2024, the was 99% completed by May 2024 when it was put on hold by the Forest Service. Once they provided their final notes, the film was finished and delivered in October 2024.

Relationship to the client: Fire Starter Studios had no prior relationship with the US Forest Service. They issued an RFP; Fire Starter Studios submitted a proposal, and we were chosen for contract award. Joe Harris and the US Forest stakeholders were delighted with the completed film.

Client Reference Contact Information
Joe Harris
Deputy Director (Accident Reviews), Innovation and Organizational Learning (IOL) USDA Forest Service
208-514-6651. [email protected]
Packet Page 2250
RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 32 OF 33 ATTACHMENT “D”

ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
VENDOR NAME: PHONE:

ADDRESS:

The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements within ten (10) calendar days of notification of selection for contract award. The insurance requirements are detailed below:

MINIMUM INSURANCE REQUIREMENTS
RFQ F-25-4036

PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES

COVERAGE TYPE MINIMUM POLICY LIMITS
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury,
and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability (If applicable) $1,000,000 per occurrence and aggregate Aviation and/or Drone Liability (If applicable) $1,000,000 per occurrence limit By signing below, the Proposer acknowledges that they have reviewed the City’s insurance requirements and confirm their ability to meet these requirements within the specified timeframe.

SUBMITTED BY: DATE: ___________________ (Authorized Representative Signature) PRINT NAME: TITLE: ___________________
Fire Starter Studios, LLC 747-201-7400 x107
28348 Constellation Road, Suite 820, Santa Clarita, CA. 91355 4/30/2024
Kimberly A. Austin President
Packet Page 2251

REQUEST FOR VENDOR QUOTES
Project No. RFQ F-25-4036
RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 33 OF 33

REQUIRED BID SUBMITTALS CHECKLIST
The following documents must be completed, signed, and submitted with the Bid. Incomplete submittals may be deemed non-responsive.
# REQUIRED DOCUMENT INCLUDED IN

BID PACKAGE
1 Attachment “C” - Vendor Quote Form
☐
2 Attachment “C” - Narrative Submittals (Executive Summary and Project-Specific Experience)
☐
3 Attachment “D” - Acknowledgement of Insurance
Requirements
☐
4 Optional - Disadvantaged Business Enterprise (DBE) Form ☐
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
X
X
X
Packet Page 2252

REQUEST FOR VENDOR QUOTES
Project No. RFQ F-25-4036
RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 30 OF 33 ATTACHMENT “C”

VENDOR QUOTE FORM
VENDOR NAME: PHONE:

ADDRESS:

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

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

ITEM NO. DESCRIPTION QUANTITY UNIT COST TOTAL
AMOUNT

TOTAL VENDOR QUOTE
Total Number of Additional Pages:

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

SUBMITTED BY: TITLE:
(Authorized Representative Signature)
PRINT NAME:

FIRE STARTER STUDIOS, LLC 747-201-7400
28348 Constellation Rd, Suite 820, Santa Clarita, CA 91355 A 12 $2,500
Rachel Klein
CEO
Vignettes for 60 minute news magazine
B Sports vignettes - matching one on camera talent on SB website B Live sports streaming - assumption 4 cameras 1 $5,500 $5,500 1 $2,300 $2,300
$30,000
C Informational videos 1
$5,500 $5,500
D
ALL PRICING IS BASED ON VIDEO SAMPLES PROVIDED ON THE YOUTUBE CHANNEL.

Capital Improvement videos 10
E Marketing videos - 2-3 minutes each 5
F Drone footage - one day shoot/10 hours 1
G
H Photography - 1 day shoot with 20 edited photographs 1 Additional videos - assumption one day shoot, editing, graphics 1 1 $1,800 $1,800
$2,450 $2,450
$2,450
$2,450 $24,500
$12,250
$2,450 $2,450
$86,750
Packet Page 2253

,☐•.no
• 508 compliance - audio description, transcripts, closed cap $250/hour of content (English) • 2D Animated social media videos: 10-15 seconds $1,000 each • Spanish language translation: $1,000 per video includes audio, translation, and subtitles • 2D animation - 60 seconds $3,995
• Additional seconds - 2D animation $40/second over 60 seconds • 3D animation - 60 seconds $10,500
• Additional seconds - 3D animation $95/second over 60 seconds • Film crew lunches (typical 6 person shoot incl client) $25pp • Voiceover $1,050/75 seconds
Additional costs:

Packet Page 2254
1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND FIRE STARTER STUDIOS
This Agreement is made and entered into as of August 20, 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 Fire Starter Studios, a Limited Liability Corporation with its principal place of business at 28348 Constellation Rd., Suite 820, Santa Clarita, CA 91355 (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:

Professional Video Production and Post-Production Services (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
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.” Packet Page 2255
2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $90,000.00. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

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

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

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

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

6. Term. This Agreement shall commence on the Effective Date and continue through August 20, 2026, unless the Agreement is previously terminated as provided for herein (“Term”). The City shall have the option to extend the Agreement for one (1) additional year upon written notice to the Consultant prior to the expiration of the Initial 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.

Packet Page 2256
3 a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

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

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of Packet Page 2257
4 interest with the City.

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

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

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

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

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies Packet Page 2258
5 acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

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

Packet Page 2259
6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
g. Aviation and/or Drone Liability
Packet Page 2260
7 At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
Aviation and/or Drone Liability $1,000,000 per occurrence limit (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.

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8 j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. 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 Packet Page 2262
9 to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. 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 commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and Packet Page 2263
10 expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to Packet Page 2264
11 time, and shall require all subconsultants and sub-subconsultants to comply with the same.

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

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

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

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

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

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

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

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

27. Organization. Consultant shall assign Rachel Klein as Project Manager.

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

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

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Rolland Kornblau, IT Director
With Copy To:

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

Fire Starter Studios, LLC
28348 Constellation Rd. Suite 820
Santa Clarita, CA 91355
Attn: Rachel Klein

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

31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination Packet Page 2266
13 shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

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

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

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

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

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

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

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

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

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

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

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

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

BETWEEN THE CITY OF SAN BERNARDINO

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

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
ATTESTED BY:

Telicia Lopez
Acting City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Name
Title
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16 EXHIBIT A
Scope of Services / Schedule of Charges
SCOPE OF WORK:

Consultant shall provide video production and post-production services in support of the City’s outreach and marketing efforts. Services include:
• Pre-production planning and coordination
• On-location filming and direction
• Video editing, sound design, and visual effects
• Integration of City branding and messaging
• Final delivery in formats suitable for digital platforms, including social media and the City’s website
Consultant shall complete a minimum of:
• Three (3) informational videos (approx. 5–6 minutes each) • Eight (8) marketing videos (approx. 2–3 minutes each) Additional video services may be requested by the City based on available budget and department needs.

SCHEDULE OF CHARGES:

Task Description Quantity (per
year)
Rate Base Term FY25-
26 Option Year
FY26-27
Informational Videos 3 $5,500 $16,500 $16,500
Marketing Videos 8 $2,450 $19,600 $19,600
Reserved for Econ Dev Use - - $8,900 $8,900
Annual Not-to-Exceed (NTE) $45,000 $45,000
The $8,900 reserved for Economic Development may be used for additional video work with prior written City approval.

WORK FOR HIRE:

All media, content, footage, and materials created under this Agreement shall be considered a “work for hire” as defined under applicable law and shall be the sole and exclusive property of the City of San Bernardino. Consultant shall return all such media in its possession, custody, or control to the City within thirty (30) days of expiration or earlier termination of this Agreement.

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RFQ F-25-4036

PROFESSIONAL VIDEO PRODUCTION
and

POST-PRODUCTION SERVICES
Alejandro Villanueva Video Services
P.O. Box 9084
Crestline, CA 92322
(562) 728-7499
villanuevamedia.com
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EXECUTIVE SUMMARY
Alejandro Villanueva is a San Bernardino County based creative services provider that specializes in producing video content utilizing the latest audio/video technology to produce cost-efficient original video content.

For 13 years Alejandro Villanueva has been producing video segments highlighting the positive stories and developments within the City of San Bernardino. During this time many professional connections and working relationships have been made and maintained with coaches working in the High Schools in the city of San Bernardino.

All production equipment necessary for the delivery of Services is maintained and updated regularly to stay up to date with the latest technology. This equipment includes: cameras, lenses, lighting, audio recorders steady cams.

Two editing suites are maintained running both Davinci Resolve and Adobe Premier Pro for post-production editing, transcoding and exporting.

Alejandro Villanueva has the experience, technical competence, technological resources to complete and deliver the work proposed, and has an established record of producing quality work. Alejandro Villanueva Media is sole proprietorship owned and operated by Alejandro Villanueva, no additional staffing or subcontractors are employed.

The undersigned hereby submits its proposal and agrees to furnish services to the City in accordance with the (RFP).

Alejandro Villanueva _______________________
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PROJECT SPECIFIC EXPERIENCE
The three most relevant service contracts held within the last five years have been for video production services for the City of San Bernardino (IEMG). The role played by Alejandro Villanueva has been videographer/segment producer.

The dollar value of services provided for the last fiscal year was 32,400. The dollar value of the the last fiscal year contract was 45,000. The services provided were primarily the production of local area High School sports videos highlighting students participating in various sport who display sportsmanship and have an outstanding academic record reflected in Grade Point Averages above 3.0. Video production services were completed weekly throughout the year by Alejandro Villanueva with no additional staffing required.

The client reference contact for the Local area High School sports video project is Klyde Layon, Broadcast Coordinator, Inland Empire Media Group [email protected] (909)384-7272
Sample High School sports and other videos can be view at the links below:

Student Athlete videos produced:
https://youtube.com/playlist?list=PLp59OPT8R90lyi8OXpF4hRRyaVkHNAIGk Samples Arts, City and Business videos produced:
https://cargocollective.com/VillanuevaMedia
No direct relationship or conflict of interests exist between clients and service provider Alejandro Villanueva.

Alejandro Villanueva _______________________
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REQUEST FOR VENDOR QUOTES
Project No. RFQ F-25-4036
RFQ F-25-4036 PROFESSIONAL VIDEO PRODUCTION AND POST-PRODUCTION SERVICES 30 OF 33 ATTACHMENT “C”

VENDOR QUOTE FORM
VENDOR NAME: PHONE:

ADDRESS:

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

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

ITEM NO. DESCRIPTION QUANTITY UNIT COST TOTAL
AMOUNT

TOTAL VENDOR QUOTE
Total Number of Additional Pages:

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

SUBMITTED BY: TITLE:
(Authorized Representative Signature)
PRINT NAME:

Alejandro Villanueva (562)728-7499
PO Box 9084 Crestline, CA 92322
1 High School Sports Videos/Vignettes 32 1390 44,480
0 Videographer/Producer
Alejandro Villanueva
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Agreement Title/Number: _________________________