Agenda packet — Mayor and City Council, October 15, 2025 (part 1 of 7)

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

CITY OF SAN BERNARDINO
AGENDA
FORTHE

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

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

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

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

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

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

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, OCTOBER 15, 2025
3:30 PM CLOSED SESSION 5:00 PM OPEN SESSION
NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Eric Levitt
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
MAYOR PRO TEM, WARD 3 CITY ATTORNEY
Fred Shorett Telicia Lopez
COUNCIL MEMBER, WARD 4 ACTING CITY CLERK
Kim Knaus
COUNCIL MEMBER, WARD 5
Mario Flores
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 998-2680 TWO

WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR

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

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

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

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council
Member, Ward 2 Sandra Ibarra
Mayor Pro Tem, Ward 3 Juan Figueroa
Council
Member, Ward 4 Fred Shorett
Council
Member, Ward 5 Kim Knaus
Council Member, Ward 6 Mario Flores
Council Member, Ward 7 Dr. Treasure Ortiz
Mayor H
elen Tran
City M
anager Eric Levitt
City Attorney Sonia Carvalho
A
cting City Clerk Telicia Lopez
3:30 P.M.

CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION p. 12
A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Steven L. Watson v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2505562
ii.) Maria Segura, as Successor in interest to Nicholas Segura, et al. v. City of S.B., United States District Court Case No. 5:22cv00277JGBSP. Ninth Circuit Court of Appeal Docket No. 24 2445
B) CONFERENCE WITH LEGAL COUNSEL Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): (1) Case C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6)
Agency Designated Representative: City Attorney or other Mayor and City Council Designee
Unrepresented Employee: City Clerk
5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT

PRESENTATIONS

1. Citizen of the Month – Carlos Teran - Civic Engagement p. 13 Mayor and City Council of the City of San Bernardino Page 3

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA We ask that you please observe proper decorum, and do not speak out of turn or make comments from your seat. If you wish to address the Mayor and City Council, please be sure to submit a speaker slip. If you speak out of turn or disrupt the meeting a warning may be given and/or you will be asked to leave the meeting pursuant to Government Code Section 54957.9 and Penal Code 403.

CONSENT CALENDAR

2. Approval of Various Mayor and City Council Meeting Minutes p. 15 Recommendation:

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

1. February 10, 2025 Special Meeting Draft Minutes

2. February 21, 2025 Special Meeting Draft Minutes

3. August 6, 2025 Regular Meeting Draft Minutes

3. Authorize the City Manager to execute a Professional Services Agreement with MNS Engineers, Inc. for Grant Consulting Services in an amount not to exceed $665,010 (All Ward) p.36
Recommendation:

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

1. Authorize the City Manager to execute the Professional Services Agreement between the City of San Bernardino and MNS Engineers, Inc. for grant consulting services in an amount not to exceed $665,010, with up to $443,340 available for the first two years of the Agreement and up to $221,670 for an optional oneyear period; and

2. Authorize the City Manager to enter into future amendments related to substantial changes to the scope of work, so long as those changes are in furtherance of and do not frustrate the purpose of the agreement;

CITY MANAGER UPDATE
Mayor and City Council of the City of San Bernardino Page 4 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino adopt the attached Resolutions updating the City’s and Successor Agency’s bank and investment account signature authority.

5. Approve a Five (5) Year Professional Services Agreement with HdL Coren & Cone for Property Tax Consulting Services in an amount not to exceed $121,180 (All Wards) p.139
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Professional Services Agreement (PSA) with HdL Coren & Cone for Property Tax Consulting Services in an amount not to exceed $121,180 annually, for a term of five (5) years, plus contingent fees for revenue recovery services as outlined in the agreement.

6. Investment Portfolio Report for August 2025 (All Wards) p.165 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 August 2025.

7. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for August 2025 (All Wards) p. 191
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial, payroll disbursements and purchasing card transactions for August 2025.

8. Amendments to Professional Services Agreements for Legal Services (All Wards) p. 294
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or their designee to execute:

1. Fifth Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for the provision of legal services in connection with the c ase entitled Brian Pellis, et al. v. City of San Bernardino, et al. US District Court Case No. CIVSB 2226731 increasing the nottoexceed amount from $950,000 to $2,000,000. This case remains open.

2. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for the provision of legal services in connection with the cas e entitled Christina Nedrebo v. City of San Bernardino, Superior Court Case No. CIVSB2402094 increasing the notto exceed amount from $240,000 to $400,000. This case remains open.

4. Resolutions updating the Bank and Investment Account Signature Authority:

Citizens Business Bank, Local Agency Investment Fund (LAIF), and Computershare Trust Company (All Wards) p. 124
Mayor and City Council of the City of San Bernardino Page 5 Recommendation:

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

1. Approve the Task Order with Rick Engineering Company for the Navigation Center in the amount of $200,000 (Project); and

2. Authorize the Project design contingency costs for unforeseen conditions in the total amount of $50,000; and

3. Authorize the City Manager or designee to execute all documents with Rick Engineering Company; and

4. Authorize the City Manager to expend the contingency fund, if necessary, to complete the Project.

DISCUSSION

10. Approve a City Clerk Employment Agreement (All Wards) p. 348 Recommendation:

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

1. Approve a City Clerk Employment Agreement on behalf of the Mayor and City Council; and

2. Authorize the Mayor to execute the City Clerk Employment Agreement on behalf of the Council.

11. Approve Funding Commitment for Lutheran Social Services San Bernardino Community Wellness Campus with Lutheran Social Service of Southern California and Dignity Moves (All Wards) p. 394
Recommendation:

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

9. Approve a Task Order with Rick Engineering Company for Navigation Center Civil Engineering Design Work for a total amount not to exceed $250,000 (Ward 1) p. 330

1. Approve a waiver of eligible Cityimposed development and permit fees for the San Bernardino Community Wellness Campus, in an amount not to exceed $134,319, limited to Citycontrolled fees; and

2. Approve a Regulatory and Loan Agreement with Lutheran Social Services of Southern California, a Nonprofit Corporation, and DignityMoves, a Nonprofit Corporation, to ensure project completion and protect the $34,944,702 Homekey investments; and

3. Adopt Resolutions No. 2025377 authorizing the Finance and Management Services to amend the Fiscal Year 2025/2026 operating and capital budget by $1,798,969, appropriating $1,798,969 in 20212023 Permanent Local Housing Allocation funds to fund the final construction cost to complete the San Bernardino Community Wellness, and $261,539.40 of PLHA for administration; and

4. Authorize the City Manager or designee to execute all regulatory agreements, loan agreements, and amendments with LSSSC and DignityMoves after review and approval by the City attorney and take any further action necessary to carry out the terms and objectives of the resolution and agreement.

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

It is recommended that the Mayor of City Council of the City of San Bernardino take the following actions:

1. Adopt Resolution No. 2025378 of the Mayor and City Council of the City of San Bernardino, California, rescinding Resolution No. 2020265, which prohibits the crushing of concrete on site within 1,000 feet of residentially zoned property; and

2. Review the three alternatives provided in the Oxbow Debris Removal Project Environmental Study dated May 22, 2025, select Alternative 3 which is concluded to result in least levels of impact to the community among the three alternatives, and adopt Resolution No. 2025379 memorializing that decision; and

3. Direct the City Manager or his designee to prepare public outreach for the residents of Ward 5, regarding the removal of the Oxbow Debris.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on November 05, 2025 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

12. Oxbow Debris Removal – 6920 Palm Avenue (Ward 5) p. 409 Mayor and City Council of the City of San Bernardino Page 7

CERTIFICATION OF POSTING AGENDA
I, Teli
cia Lopez, CMC, Acting City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the October 15, 2025, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, 92401 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410 and on the City's website sbcity.org on Friday, October 10, 2025.

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

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

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

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

Pub
lic Comments and Testimony:

Rule

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

Rule 2.

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

Rule 3.

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

Rule

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

Rule

5. Time Limits:

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

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

Mayor and City Council of the City of San Bernardino Page 9 Any
member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments.

Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

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

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

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

Mayor and City Council of the City of San Bernardino Page 10 ALTERNATE MEETING VIEWING METHOD:

If
there are any technical issues with the live stream or recording from the main agenda portal or if you require an option with Closed Captioning, you may view the meeting from the following location (TV3). htt
ps://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6

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

Wri
tten comments can be emailed to [email protected]. Written public comments received up to 2:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by citystaff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup .

At
tend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Anyrequests to speak submitted electronically after the 2:00 p.m. deadline will not be accepted.

Please not
e: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9099982680 or [email protected] for assistance outside of this timeframe. Written correspondence submitted after the deadline will be provided to the Mayorand City Council at thefollowing regular meeting.

MEET

ING TIME
NO
TE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21, 2024:
“S
ection 3. All meetings are scheduled to terminate at 10:00P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. Amajority vote of the Council is required to extend a meeting beyond 10:00 P.M.to discuss specified items.” Mayor and City Council of the City of San Bernardino Page 11 This
Page Intentionally Left Blank

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: October 15, 2025
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney
Subject: Closed Session
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i) Steven L. Watson v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2505562
ii) Maria Segura, as Successor in interest to Nicholas Segura, et al. v. City of S.B., United States District Court Case No. 5:22-cv-00277-JGB-SP. Ninth Circuit Court of Appeal Docket No. 24-2445
B) CONFERENCE WITH LEGAL COUNSEL - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): (1) Case C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6)
i) Agency Designated Representative: City Attorney or other Mayor and City Council Designee
Unrepresented Employee: City Clerk
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: October 15, 2025
To: Honorable Mayor and City Council Members
From: Mario Flores, Council Member, 6th Ward
Department: Council Office
Subject: Citizen of the Month – Carlos Teran
Civic Engagement

Packet Page. 13

CERTIFICATE

OF RECOGNITION

FROM THE MAYOR & CITY COUNCIL

PROUDLY PRESENTED TO
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OCTOBER 2025
Citizen of the Month
In recognition of your outstanding service, steadfast dedication, and unwavering commitment to improving the quality of life for the residents of San Bernardino, your leadership, compassion, and civic engagement embody the spirit of community and serve as an inspiration to others. We honor the meaningful difference you continue to make in our city.

PRESENTED ON OCTOBER 15, 2025

Packet Page. 14

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 15, 2025
To: Honorable Mayor and City Council Members
From: Telicia Lopez, Acting City Clerk
Department: City Clerk
Subject: Approval of Various Mayor and City Council Meeting Minutes
Recommendation:

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

1. February 10, 2025 Special Meeting Draft Minutes

2. February 21, 2025 Special Meeting Draft Minutes

3. August 6, 2025 Regular Meeting Draft Minutes
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Packet Page. 15
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES

FOR THE

SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL

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

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

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

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

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

AUTHORITY
MONDAY, FEBRUARY 10, 2025
5:30 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:31 PM by Mayor Helen Tran on Monday, February 10, 2025, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Late 5:32 PM
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Late 5:36 PM
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Albert Maldonado Assistant City Attorney Present
Genoveva Rocha City Clerk Present
Perla Lopez Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz

Packet Page. 16
Special Meeting Draft Minutes February 10, 2025
Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M.

PLEDGE OF ALLEGIANCE
Council Member Treasure Ortiz led the Pledge of Allegiance to the Flag.

PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
There were no public comments.

At this time there was a discussion on agenda item B. Council Member Flores asked for clarification on the topic of discussion. It was confirmed that a consultant would be joining the meeting as a follow-up to prior discussions on goal setting and feedback.

Council Member Ortiz questioned whether a publicly approved contract was needed before engaging the consultant and why the item wasn't agendized as it had been previously. It was clarified that an executed contract existed under the city clerk's signing authority, which did not require Council approval due to its value being under $50,000. Concerns were expressed about whether the proper procurement process was followed and if the correct staff member had been authorized to execute the contract.

Assistant City Attorney Maldonado confirmed that no missteps had been made and suggested the Council begin closed session without the consultant to further address concerns.

At 5:44 PM the Mayor and City Council convened into closed session.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION (Pursuant to Government Code Section 54956.9(d)(2)): One Case

B) PUBLIC EMPLOYEE APPOINTMENT (PURSUANT TO GOVERNMENT CODE SECTION 54957)
Title: City Manager

CLOSED SESSION REPORT
Assistant City Attorney Albert Maldonado announced that the Mayor and City Council appointed Tanya Romo as the new Acting City Manager effective immediately, the motion was made by Council Member Ortiz and second by Mayor Pro-Tem Figueroa and the vote was unanimous.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, January 8, 2024, at 9:18 p.m.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, February 19, 2025, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m., and Open Session will begin at 5:00 p.m.

Telicia Lopez, CMC Acting City Clerk

Packet Page. 17
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES

FOR THE

SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL

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

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

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

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

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

AUTHORITY
FRIDAY, FEBRUARY 21, 2025
5:55 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:55 PM by Mayor Helen Tran on Monday, February 21, 2025, at Feldheym Central Library, San Bernardino, CA. Pursuant to Assembly Bill AB2449, Council Member Mario Flores participated in the meeting remotely, via Zoom, from the following location: 12125 Day St. Suite E-307, Moreno Valley, CA 92553.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Late 5:59pm
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Present
Mario Flores Council Member, Ward 6 Present Via Zoom
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Tanya Romo Acting City Manager Present
Albert Maldonado Assistant City Attorney Present
Genoveva Rocha City Clerk Present
Telicia Lopez Chief Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz

Packet Page. 18
Special Meeting Draft Minutes February 21, 2025
Mayor and City Council of the City of San Bernardino Page 2 5:55 P.M.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Juan Figueroa led the Pledge of Allegiance to the Flag.

PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
Kim Calvin expressed disappointment that San Bernardino has gone through three city managers this year and emphasized the need to set clear public expectations.

Al Palazzo expressed his vision for rebuilding San Bernardino, and emphasizing the importance of empowering residents and developing affordable housing Christian Shaughnessy acknowledged Mr. Bill Gallardo’s long tenure at his previous city, and welcomed him to the City of San Bernardino.

DISCUSSION

1. Adoption of Resolution No. 2025-247 Appointing an Interim City Manager (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-247, appointing William J. Gallardo as Interim City Manager.

Mr. Gallardo was introduced and welcomed as Interim City Manager. Council members discussed that his start date would take effect upon CalPERS certification.

There was a substitute motion by Council Member Ortiz, seconded by Council Member Sanchez, for staff to correct the official vacancy date in the staff report from February 11, 2025 to May 21, 2024 and amend the start date upon certification of CalPERS.

RESULT: APPROVED STAFF RECOMMENDATION WITH THE ADDITIONAL

REQUEST TO CORRECT THE OFFICIAL VACANCY DATE FROM
FEBRUARY 11, 2025 TO MAY 21, 2024 AND AMEND THE START
DATE UPON CERTIFICATION OF CALPERS. [8-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Flores, Knaus, Ortiz, Tran

Packet Page. 19
Special Meeting Draft Minutes February 21, 2025
Mayor and City Council of the City of San Bernardino Page 3

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

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM 3 FOR A SEPARATE VOTE [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kim Knaus, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Flores, Knaus, Ortiz NOES: None

2. Resolutions updating the Bank and Investment Account Signature Authority (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino adopt the attached Resolutions 2025-248 through 2025-257 updating the City’s and Successor Agency’s bank and investment account signature authority.

Council Member Treasure Ortiz pulled requested to receive clarification regarding signature authority.

RESULT: ADOPTED RESOLUTION NO’S. 2025-248,2025-249, 2025-250, 2025-251, 2025-252, 2025-253, 2025-254, 2025-255, 2025-256 and 2025-257 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kim Knaus, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Flores, Knaus, Ortiz

3. Professional Services Agreement with Robert Windle for Labor Negotiations Consultation (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or designee, to execute a Professional Services Agreement with Robert Windle for labor negotiations consultant services.

Council Member Sanchez pulled this item to clarify that the consultant will report and work with the City Manager. Assistant City Attorney confirmed that the contract states that the consultant will be working with staff which included the City Manager.

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Special Meeting Draft Minutes February 21, 2025
Mayor and City Council of the City of San Bernardino Page 4 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Flores, Knaus, Ortiz At 6:15 PM the Mayor and City Council convened into closed session.

CLOSED SESSION

A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS
(Criteria, Timing, Goal Setting, and Other Preliminary Matters) Titles: Interim City Manager

B) CONFERENCE WITH LABOR NEGOTIATOR (PURSUANT TO GOVERNMENT CODE SECTION 54957.6)
Agency Designated Representative: City Manager Employee Organization: General Unit (Teamsters Local 1932), Management Confidential Group (SBCMA), Mid Management Unit (Teamsters Local 1932), Police Dispatch Unit (SBPDA), Police General Unit (AFSCME District Council 36), Police Management Unit (PMA), and Police Safety Unit (SBPOA)

CLOSED SESSION REPORT
Assistant City Attorney Albert Maldonado stated there was reportable action

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Monday, February 21, 2025, at 7:24 p.m.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, March 05, 2025, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m., and Open Session will begin at 5:00 p.m.

Telicia Lopez, CMC
Acting City Clerk

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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz
Draft Minutes

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

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

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

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

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

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

AUTHORITY
WEDNESDAY, AUGUST 6, 2025
3:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 3:30 p.m. by Mayor Helen Tran on Wednesday, August 6, 2025, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Present
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Eric Levitt City Manager Present
Albert Maldonado Assistant City Attorney Present
Telicia Lopez Acting City Clerk Present
Courtney Bowen Deputy City Clerk Present

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Regular Meeting Draft Minutes August 6, 2025
Mayor and City Council of the City of San Bernardino Page 2 3:30 P.M.

CLOSED SESSION PUBLIC COMMENT
There were no public comments or requests to speak for Closed Session.

Prior to convening to Closed Session, Assistant City Attorney Albert Maldonado stated that the City had received a letter from Mandeville Modular, Inc. regarding Item B, and it would be discussed in Closed Session. Copies of the letter were also made available to the public.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i. Pepe’s Inc., a California corporation dba Pepe’s Towing v. City of San Bernardino, United States District Court Case No. 5:21-cv-01646-JWH-SPx B) CONFERENCE WITH LEGAL COUNSEL with Legal Counsel - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)):
1 Case.

C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):
i. Agency Designated Representative: City Manager or Designee Employee Organization: San Bernardino Police Civilian Association – AFSCME Local 4710, Police Management Unit – PMA, and Police Safety Unit – SBPOA 5:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:04 p.m. by Mayor Helen Tran on Wednesday, August 6, 2025, at Feldheym Central Library, San Bernardino, CA.

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Present
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Eric Levitt City Manager Present
Albert Maldonado Assistant City Attorney Present
Telicia Lopez Acting City Clerk Present
Courtney Bowen Deputy City Clerk Present

INVOCATION AND PLEDGE OF ALLEGIANCE
Bishop Fraser from Truelight Community Fellowship led the invocation. Catalina Bedolla, Raya Brown, Claire Thorpe, Sydney Eliot and Nevaeh Nava of Girl Scout Troop 920 led the Pledge of Allegiance to the Flag.

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Regular Meeting Draft Minutes August 6, 2025
Mayor and City Council of the City of San Bernardino Page 3

CLOSED SESSION REPORT
Assistant City Attorney Albert Maldonado stated there was no reportable action from Closed Session.

PRESENTATIONS
At this time, Mayor Tran re-ordered the agenda and proceeded with presentation Item No. 2, prior to No. 1.

2. Citizen(s) of the Month -
CJ Eastwood/Teacher/Civic Engagement/Pacific High School Dejsiab Yang/Senior/Civic Engagement/Pacific High School Hailey Barahona/Senior/Civic Engagement/Pacific High School The Mayor and City Council presented certificates to Mr. Eastwood and Hailey Barahona. Dejsiab Yang was not present. Hailey Barahona thanked the Mayor and City Council for the recognition.

1. San Bernardino County Transportation Authority (SBCTA) Measure I Presentation (All Wards)
Otis Greer, Director of Legislative & Public Affairs at SBCTA provided a presentation.

APPOINTMENTS

3. Arts and Historical Preservation Commission Appointment of Robert A. Porter (Mayor’s Appointment)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Robert A. Porter to the Arts and Historical Preservation Commission representing all wards (Mayor’s Appointment) with the term ending December 2026. Robert A. Porter will replace Simeone Miller. Council Staff has verified that appointee is a registered voter within the city.

RESULT: APPROVED APPOINTMENT OF ROBERT A. PORTER [8-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz, Tran NOES: None

PUBLIC HEARING
(Next page)

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Regular Meeting Draft Minutes August 6, 2025
Mayor and City Council of the City of San Bernardino Page 4

4. Public Hearing on the Issuance of Tax- Exempt Bonds for the Village Green Apartments Project (Ward 3)
Recommendation:

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

1. Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing in consideration of the issuance of tax-exempt revenue bonds financing by the California Municipal Finance Authority for the benefit of Village Green Preservation LP, to provide financing for the acquisition, rehabilitation, improvements, and equipping of a 184-unit multifamily affordable rental housing project generally known as Village Green; and

2. Adopt Resolution 2025-343 approving the issuance of the Bonds by the California Municipal Finance Authority, a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $46,000,000, (forty-six million dollars) to finance or refinance the acquisition, rehabilitation, improvement and equipping of Village Green, a multifamily rental housing project located at 2122 West Chestnut Street in the City of San Bernardino, California; and

3. Authorize the City Manager or designee to take any further actions and execute any additional documents necessary to effectuate the Tax-Exempt bond issuance for Village Green.

Mayor Tran opened the Public Hearing at 5:31 p.m.

Housing Division Manager Trina Perez provided a presentation.

There was one public comment:

Christian Shaughnessy stated that he supports any item that pertains to housing, and that everything possible should be done to help with affordable housing.

Mayor Tran closed the Public Hearing at 5:35 p.m.

Council Member Ortiz clarified the projected timeline for the payment of the bonds, and where the funds would be budgeted from. Housing Manager Perez said the information was not readily available, but that the Mayor and City Council would be updated at a future meeting.

RESULT: ADOPTED RESOLUTION NO. 2025-343 [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

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Regular Meeting Draft Minutes August 6, 2025
Mayor and City Council of the City of San Bernardino Page 5

5. Public Hearing on Fiscal Year 2025-26 Assessment Levies for Previously Formed Assessment Districts (All Wards)
Recommendation:

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

1. Adopt Resolution No. 2025-344 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 2025-26; and

2. Adopt Resolution No. 2025-345 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal Year 2025-26; and

3. Adopt Resolution No. 2025-346 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 2025-26; and

4. Adopt Resolution No. 2025-347 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 2025-26; and

5. Adopt Resolution No. 2025-348 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1025 and 1027 for Fiscal Year 2025-26.

Mayor Tran opened the Public Hearing at 5:44 p.m. (Mayor Tran then left the dais for the remainder of the item).

Council Members collectively chose to forego the staff presentation and proceed with the vote.

There were no public comments.

Mayor Pro-Tem Figueroa closed the Public Hearing at 5:45 p.m.

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Regular Meeting Draft Minutes August 6, 2025
Mayor and City Council of the City of San Bernardino Page 6 RESULT: ADOPTED RESOLUTION NOs. 2025-344, 2025-245, 2025-346, 2025-347, and 2025-348 [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

CITY MANAGER UPDATE
City Manager Eric Levitt presented city-wide updates. Highlights included National Night Out on August 5th, new kennels at the animal shelter, and new business openings.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Al Palazzo welcomed the new City Manager, offered to share his ideas for city transformation, and expressed interest in working in Economic Development and Planning.

Erick Marquez congratulated the City Manager and suggested an oversight committee for bonds.

Christian Shaughnessy spoke about the recent death of a woman near Perris Hill Park, urging the city to prioritize mental health and housing resources to prevent similar tragedies.

Georgia L. spoke about Animal Services department leadership, alleged misuse of grants, and promoting staff members that may be unqualified.

John Shollenberger described disruptive behavior at a previous meeting and urged that everyone be held to the same standards under the law.

Tami Miley-Gillum expressed concern about homelessness funding and urged better use of vacant buildings to support transitional housing.

Jim Smith praised the Council and Mayor and encouraged historical preservation such as the name of Seccombe Park.

Mike Hartley welcomed the new City Manager, expressed concerns about property management practices and slumlords, and supported action on Item No. 19.

Tanya Rhoades Hensley opposed a planned 400-home development near Cal State due to flood risks and emergency access concerns.

Joe Salas spoke about development opportunities, encouraged economic planning near Loma Linda, and supported more focus on home ownership.

Diane Lopez urged the city to protect day laborers, pass sanctuary ordinances, and stop code enforcement actions.

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Regular Meeting Draft Minutes August 6, 2025
Mayor and City Council of the City of San Bernardino Page 7 Carmen Gallegos raised concerns about fireworks, safety hazards, and the impact on children, businesses, and animals.

Ashley Dial described poor living conditions, code enforcement issues, and supported action on Item No. 19.

Delores Armstead questioned the hiring process and salary of the City Manager and asked about the status of the “Oxbow” area and city hall.

Alaysha Nash spoke about slumlords and poor housing conditions and urged stronger code enforcement.

Ron Alvarado spoke in support of Item No. 9 and discussed the new El Sol wellness center serving diverse communities.

Esther Gonzalez described poor rental conditions, rising rents, and intimidation of tenants who complain, and asked the city to create fair protections for renters.

Patsy Tucker welcomed the City Manager and praised Human Resources for labor negotiations with the civilian employees of the San Bernardino Police Department.

Travon Martin praised the work of Director Kris Watson in animal services and described her personal contributions to animal rescues.

Christian Flores spoke in support of Item 19, discussed tenant inspection concerns, and thanked officials for engaging with the community on housing issues.

Alexis Teodoro spoke against ICE, supported the tenant union, and proposed creating a labor site near Home Depot for day laborers.

Lydia Savala spoke about a recent dog mauling incident, potentially dangerous animals in homeless camps, and the mobile vet clinic.

Terry Boykins highlighted youth engagement programs with “Project Fighting Chance” at Ruben Campos Center and partnerships with schools and law enforcement.

Angel Lira spoke about “no parking” signs affecting day laborers near Home Depot, as well as day laborers being harassed by ICE.

Annabelle Navarez spoke in support of Item No. 19, opposed ICE actions, and criticized corporate slumlords.

Michael Garcia shared his family’s hardship after his father was detained by ICE and urged city action to protect long-time residents.

Claudia Casillas expressed concerns about Code Enforcement and Police harassment along with property vandalism.

Hector Loera encouraged community members to contribute positively and think about their role in improving the city.

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Regular Meeting Draft Minutes August 6, 2025
Mayor and City Council of the City of San Bernardino Page 8 Acting City Clerk Telicia Lopez advised that written comments were also received, and would be available on the City’s website for public review.

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

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS 7 AND 9 FOR A SEPARATE VOTE [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

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

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

1. February 5, 2025 Regular Meeting Draft Minutes

2. February 19, 2025 Regular Meeting Draft Minutes

3. May 17, 2023 Regular Meeting Draft Minutes
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

7. Campaign Law Enforcement Agreement with the Fair Political Practices Commission (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-349 authorizing the City Manager to execute an agreement with the State of California Fair Political Practice Commission for campaign law enforcement.

Council Member Shorett stated that he pulled this item to note his opposition to it.

RESULT: ADOPTED RESOLUTION NO. 2025-349 [5-2]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Knaus, Flores, Ortiz
NOES: Juan Figueroa, Fred Shorett

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Regular Meeting Draft Minutes August 6, 2025
Mayor and City Council of the City of San Bernardino Page 9

8. Adoption of Ordinance No. MC – 1654 Foothill and Macy Route 66 Residential Development Project (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Ordinance No. MC – 1654 approving Development Code Amendment (Zoning Map Amendment) 24-01 to change the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) of fourteen (14) parcels (APNs: 0142-041-09, -10, -11, -17, -18, -20, -21, -32, -33, -34, -44; and 0142-521-01, -02, and -03) containing approximately 15.71 acres, pursuant to a Mitigated Negative Declaration (Attachment 1).

RESULT: ADOPTED ORDINANCE NO. MC-1654 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

9. Approve the Community Development Block Grant (CDBG) Funded Sub-Recipient Agreement with El Sol Neighborhood Educational Center for the Development of the El Sol Recreational and Wellness Center (Ward 1)
Recommendation:

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

1. Approve the Community Development Block Grant (CDBG) funded sub-recipient agreement with El Sol Neighborhood Educational Center for the development of the El Sol Recreational and Wellness Center;

2. Authorize the City Manager, or designee, to execute the sub-recipient agreement, along with any subsequent amendments, extensions, and other necessary documents to implement the project.

Council Member Ortiz pulled this item to allow staff to provide a summary of the agreement. Housing Division Manager Trina Perez provided a brief presentation.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

10. Approve Memorandum of Understanding with Bargaining Groups (All Wards) Recommendation:

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

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Regular Meeting Draft Minutes August 6, 2025
Mayor and City Council of the City of San Bernardino Page 10

1. Approve the Memorandum of Understanding (MOU) with the San Bernardino Police Officers’ Association (SBPOA) for Police Safety Employees; and

2. Approve the Memorandum of Understanding (MOU) with the San Bernardino Police Management Association (SBPMA) for Police Management Employees; and

3. Amend the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

11. Approve Agreements for Temporary Employee Staffing Services for an Aggregate Amount Not-to-Exceed $1,9730,000 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute agreements with temporary staffing agencies in an aggregate amount not-to-exceed $1,973,000 (includes a 10% contingency), for the provision of temporary staffing services on an as-needed basis across City departments, for a term beginning July 1, 2025 through June 30, 2027, with an option to extend for two (2) additional years.

12. Approve Transfer and Appropriation of $25,000 from Library Memorial Books Trust Fund into FY 2025/26 Expenditure Budget (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-350 authorizing the Director of Finance and Management Services to transfer and appropriate $25,000 from the Library Memorial Books Trust Fund into the FY 2025/26 Expenditure Budget to purchase books.

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Regular Meeting Draft Minutes August 6, 2025
Mayor and City Council of the City of San Bernardino Page 11 RESULT: ADOPTED RESOLUTION NO. 2025-350 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

13. Amendment No. 1 to the Agreement for Design Services of Sierra Way Storm Drain to JMA Engineering Inc.

Recommendation:

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

1. Approve Amendment No.1 to the Design Services Agreement with JMA Engineering Inc. for a contract amount increase of $3,722.70 for Sierra Way Storm Drain (“Project”), for a total contract amount of $34,570 to complete the design phase, and will extend the term of the agreement through the anticipated completion date of December 30, 2026; and

2. Authorize project contingencies in the total amount of $3,457.00 for additional services for the Project; and

3. Authorize the City Manager or his or her designee to execute all necessary documents with JMA Engineering Inc.

14. Approve Amendment No. 5 to Agreement with Engineering Resources of Southern California Inc. for University Parkway Median for Design Services in the amount of $34,982.00 (Ward 6)
Recommendation:

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

1. Approve Amendment No. 5 to the Professional Services Agreement with Engineering Resources of Southern California (ERSC), for additional design services and construction support services, including surveying in the amount of $29,982.00 for University Parkway Median Improvements, increasing the not to exceed amount of $384,977.00 (Project); and

2. Authorizing additional construction contingencies in the total amount of $5,000, for construction support services of the Project; and

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Regular Meeting Draft Minutes August 6, 2025
Mayor and City Council of the City of San Bernardino Page 12

3. Authorize the City Manager or designee to execute all documents with Engineering Resources of Southern California (ERSC); and

4. Authorize the City Manager or designee to expand the contingency fund, if necessary, to complete the Project.

15. Accept SBCTA – Smart Corridor Improvements to Baseline Street (Ward 1, 2, 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-351:

1. Accept SBCTA – Smart Corridor Improvements to Baseline Street in the amount of $372,376.00; and

2. Authorize the City Manager or designee to approve matching funds in the amount of $93,094.00 from the Traffic Safety Fund; and

3. Designate the City Manager, or designee, as a responsible agency official authorized to sign project agreements and certifications for the preparation of the SBCTA - Smart Corridor Improvements to Baseline Street Project; and

4. Authorize the Director of Finance and Management Services to amend the FY 2025/26 CIP budget (CIP ID: TC26-006) with $100,000.00 (FY 2025/26) plus $372,376.00 (FY 2026/27) from the Traffic Safety Fund to bring the total project budget to $472,376.00 (FY 2025/26); and

5. Authorize the Director of Finance and Management Services to amend the FY 2025/26 CIP budget (CIP ID: TC26-006) with an additional $372,376.00 in SBCTA - Smart Corridor Improvements to Baseline Street (Valley Measure I TMS funds).

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Regular Meeting Draft Minutes August 6, 2025
Mayor and City Council of the City of San Bernardino Page 13 RESULT: ADOPTED RESOLUTION NO. 2025-351 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

DISCUSSION

16. Designation of Voting Delegates and Alternates League of California Cities Annual Conference and Expo, October 8-10, 2025, Long Beach Convention Center (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of one voting delegate and up to two alternate voting delegates to the 2025 Cal Cities Annual Conference and Expo on October 8-10, 2025, in Long Beach, California Convention Center.

Council Member Knaus made a motion to select Council Members Shorett and Sanchez as voting delegate and alternate, respectively. Council Member Shorett made a substitute motion to appoint Council Member Knaus as the voting delegate.

Council Member Sanchez seconded the original motion made by Council Member Knaus. Mayor Tran reminded the council that there should be two alternates selected. Council Member Knaus amended her motion to select Council Member Shorett as the voting delegate, and herself and Council Member Sanchez as the two alternate voting delegates.

RESULT: APPROVED THE SELECTION OF COUNCIL MEMBER SHORETT

AS THE CAL CITIES CONFERENCE VOTING DELEGATE, AND
COUNCIL MEMBER KNAUS as 1 st ALTERNATE AND COUNCIL
MEMBER SANCHEZ AS 2ND ALTERNATE [7-0]
MOVER: Kim Knaus, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

17. Catalytic Converter Unlawful Possession Ordinance (All Wards) – (Council Member Flores)

18. Status Update to be Presented to the City Council at a Regularly Scheduled Meeting to be Held Within 60 days on the Progress of Lutheran Social Services Campus and San Bernardino Navigation Center (All Wards)

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Mayor and City Council of the City of San Bernardino Page 14 – (Council Member Sanchez)

19. Status Update on Implementation and Discussion of MC-1619; Ordinance Requiring Inspections on All Multi-family Residential Properties and the Associated Fees for Inspections (All Wards) - (Council Member Ortiz) There was a consensus amongst the Council Members to vote on Items 17-19 in one vote.

RESULT: APPROVED ITEMS 17, 18, AND 19 TO BE HEARD AT FUTURE MEETINGS [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community. Topics included congratulations to outgoing Animal Services Director Kris Watson, e-books and audio books available on the library’s website, and the upcoming Grand Re-Opening of the Mt. Vernon Bridge.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, August 6, 2025, at 7:48 p.m., in honor of Ken Clark, late husband of former City Clerk Rachel Clark.

The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the Regular Meeting on Wednesday, August 20, 2025, at the Feldheym Central Library located at 555 West 6 th Street, San Bernardino, California, 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

Telicia Lopez, CMC
Acting City Clerk

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7 2

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 15, 2025
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Authorize the City Manager to execute a Professional Services Agreement with MNS Engineers, Inc. for Grant
Consulting Services in an amount not to exceed $665,010 (All Ward)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

The City Manager recommends approval. This contract will be a not-to-exceed $665,010 which would allow the City to reduce the cost of the agreement in a given year if there is not a need for the amount appropriated.

Executive Summary
The City of San Bernardino receives federal and state housing community development funds which require strict compliance with U.S. Department of Housing and Urban Development (HUD) and California Department of Housing and Community Development(HCD) regulations to maintain eligibility. These funds include Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME),

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HOME Investment Partnership Program American Rescue Plan Program (HOME- ARP), Emergency Solution Grant (ESG), and Permanent Local Housing Allocation (PLHA). To address ongoing staffing shortages and complex grant requirements, the City issued Request for Proposal (RFP) F-25-1033 for Grant Administration Services, resulting in the selection of MNS Engineers, Inc. for a contract in the amount of $665,010.00, of which up to $443,340.00 may be expended for the first two years of the Agreement, and up to $221,670.00 for an optional one-year period. MNS Engineers brings extensive experience in managing HUD-funded programs and has already supported the City with preparation of the Fiscal Year (FY) 2024–25 Consolidated Annual Performance Evaluation Report (CAPER). Through this agreement, MNS Engineers will provide technical assistance, training, financial oversight, compliance monitoring, and preparation of required reports, thereby strengthening the City’s operational capacity, safeguarding funding, and ensuring the effective delivery of housing and community development programs.

Background
The City of San Bernardino (City) is an entitlement jurisdiction that annually receives CDBG, HOME, HOME-ARP, ESG, and other federal funds from HUD and HCD. These funds support the provision of decent housing, suitable living environments, and expanded economic opportunities, primarily for low- and moderate-income residents.

To remain eligible for continued funding, Housing staff must comply with various federal and state grant requirements.

To support the Housing and Homeless Services Division in fulfilling regulatory and grantee responsibilities, the City issued RFP F-25-1033 for Grant Administration Services on June 5, 2025, with a closing date of July 1, 2025. The Purchasing Department received bids from three consulting firms: Advanced Avant Garde Corporation, Michael Baker International, and MNS Engineers Inc. A panel of three reviewers conducted an independent evaluation of each proposal, reviewing licensing, conflicts of interest, proposal clarity and content, firm and team experience, fee proposal, references, exceptions to the RFP, and litigation history. Based on the panel’s overall assessment of these criteria, MNS Engineers, Inc. was selected for a two-year contract with an option for a one-year extension. MNS Engineers brings extensive experience supporting municipalities with a range of grant-funded programs, including CDBG, HOME-ARP, ESG, and PLHA, through the development and implementation of policies and procedures, program delivery, grant management, compliance oversight, and reporting of program outcomes to City constituents, HCD, and HUD.

Discussion
Each year, the City receives federal and state funds. The Housing and Homeless Services staff must comply with a wide range of federal grant requirements to ensure continued funding from HUD and HCD. Due to prolonged staffing shortages and complex HUD and HCD compliance requirements, the Housing Division determined it necessary to engage a consulting firm to provide targeted support in administering multiple grants and preparing various programmatic functions. MNS Engineers, Inc.

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has extensive experience assisting municipalities with various grant-funded programs, including CDBG, HOME, ESG, and PLHA. Their expertise includes policy and procedure implementation, grant management, environmental services, labor compliance, and reporting program achievements to City constituents, HCD, and HUD.

MNS Engineers, Inc. has provided technical assistance and supported new department staff in preparing the FY 2024–25CAPER. This report, required annually by HUD, details the City’s progress in implementing the goals and activities established in its Five-Year Consolidated Plan and corresponding Annual Action Plans.

The proposed Professional Services Agreement with MNS Engineers, Inc. is in an amount not to exceed $665,010, which includes up to $443,340 for the initial two-year term and an additional $221,670 should the City exercise a one-year extension option.

Compensation will be based on a time-and-materials basis, in accordance with the hourly rates set forth in the Agreement’s fee schedule, with an anticipated departmental utilization of approximately 40 hours per week, subject to project requirements and funding availability.

This agreement will provide the department with critical support to strengthen compliance, accountability, and efficiency in administering federally and state-funded housing and community development programs. The consultant will assist in ensuring all HUD-and State-required reports, amendments, and public participation documents are accurately prepared and submitted on time, safeguarding the City’s regulatory standing and funding eligibility. Financially, the consultant will deliver hands-on training and guidance to improve oversight of reimbursements, invoices, drawdowns, and grant authorizations, while reinforcing the City’s internal policies and procedures to meet federal and state standards. Beyond compliance, the consultant will enhance internal capacity through regular communication, weekly progress updates, rapid response to inquiries, and staff preparation for public reports and presentations. Through this partnership, MNS Engineers will recommend process improvements and streamlining opportunities, which will build long-term program sustainability, improve service delivery, and strengthen the City’s ability to effectively administer State and HUD- funded initiatives.
2021-2025 Strategic Targets and Goals
The proposed Consultant Services Agreement meets Mayor and City Council Goal No. 1 Improved Operational & Financial Capacity. Approving this Professional Services Agreement with MNS Engineers, Inc, will allow for continued effective management and reporting of grant by the City.

Fiscal Impact
FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost:

COST $ 221,670 $ 221,670 $ 443,340 $ 0

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These services will be funded primarily through grant funds, including CDBG, HOME, HOME-ARP, and PLHA, with minimal impact on the General Fund in FY 2025 and FY 2026.

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

Attachment 2 MNS Engineers, Inc. Proposal for Grant Administration Services Ward:

All Wards
Synopsis of Previous Council Actions:

None.

GENERAL FUND SHARE $ 55,418 $ 55,418 $ 110,836 $ 0
SOURCES OF FUNDS:

CDBG - $80,000*
HOME - $20,000*
HOME-ARP - $40,000*
PLHA - $26,252*
GENERAL FUND - $55,418
Total - $221,670
Budget Adjustment:

No
*These amounts are projections and are subject to adjustment based on actual project requirements.

For Fiscal Year: 25/26

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CC: Eric Levitt, City Manager

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PROF

ESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND MNS ENGINEERS, INC.

This Agreement is made and entered into as of August 1, 2025 ( “Effective Date,”) by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and MNS Engineers, a CORPORATION within the State of California with its principal place of business at 201 North Calle Cesar Chavez, Suite 300, Santa Barbara, CA 93101 (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:

GRANT CONSULTING 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 represents that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. In no event shall the total amount paid for services rendered by

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Consul
tant under this Agreement exceed the sum of $ 665,010.00, of which up to $443,340.00 may be expended for the first two years of the Agreement, and up to $221,670.00 may be expended for an optional one- year period. 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 fort y-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 requi red 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 1 , 2027, with the option to extend for one (1) additional one-year period, unless the Agreement is previously terminated as provided for herein (“Term”).

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

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

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

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Agree
ment 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, gi ve 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 listed in Exhibit “A”.

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

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

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

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

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

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

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at leas
t 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) cross liability exclusion for claims or suits by one insured against another; (2) products/completed operations liability;
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents , and City -designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status.

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(iv) S
ubject 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 provision s 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. . “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 the named insured.
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. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit

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Comm
ercial General Liability $2 ,000,000 per occur rence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

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

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. Further, required insurance limits may be satisfied either by a standalone policy or in combination with an excess/umbrella policy. 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. 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 poli cy 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.

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(ii) The C
ommercial 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 waiver s 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.

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(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, 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 to the extent 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 , reasonable attorneys’ fees and other related costs and expenses but, costs shall not exceed the Consultant’s proportionate percentage of fault as found in a final adjudication by a court of competent jurisdiction

27. Organization. Consultant shall assign 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

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Off
ice, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

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

With Copy To:

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

CONSULTANT:

MNS Engineers, Inc.
201 North Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103

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 hereun der. Each Party acknowledges that no representations, inducements, promises , or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

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

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the pr
ior 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. On behalf of the City, the City Manager, and his or her designees, may execute any substantial amendments related to the scope of work and extension of this Agreement without further approval from Council, so long as those changes are in furtherance of and do not frustrate the purpose of the Project.

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 m aking 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

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Part
ies and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

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

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

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

[SIGNATURES ON FOLLOWING PAGE]

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SIGN

ATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND MNS ENGINEERS, INC

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
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

Signature
Peter Minegar, AICP
Name

Vice President - Planning
Title

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EXHI
BIT A
Scope of Services

The Consultant shall assist the City with the administration, reporting, compliance, and implementation of its Federal, State, and locally funded programs (Including, but not limited to, CDBG, HOME, HOME-ARP, ESG, Homekey, PLHA, and etc.) in accordance with all applicable Federal regulations (including, 2 CFR Part 200 Uniform Guidance, NEPA, Davis -Bacon Act, Section 3, BABA) and State of California regulations and policies. Consultant shall also strengthen City staff’s technical and administrative capacity through structured, ongoing staff training and technical assistance to responsibly administer federal, state, and local programs.

1. Reporting and Regulatory Compliance
a. Consultant shall provide expert guidance, comprehensive training, and/or full preparation of all reports, notices, and public disclosures required by HUD and the State of California, including but not limited to:
i. Annual Action Plans
ii. Consolidated Annual Performance and Evaluation Reports (CAPER)
iii. ESG-specific CAPERs
iv. Citizen Participation Plans
v. Section 3 Plans and BABA compliance documentation
vi. Public Notices, and other federally or state- mandated submissions.
b. The Consultant shall ensure compliance with Federal and state timelines and procedures for amendments (both minor and substantial) to the Consolidated Plan and Annual Action Plans and provide staff training on amendment processes.

2. Environmental
a. Consultant shall conduct or support preparation of Environmental Review Records (ERRs) for all levels of review including Exempt, Categorically Excluded (CEST/CENST), Environmental
Assessments (EA), and where required, Environmental Impact Statements (EIS) under NEPA.
b. Consultant shall ensure compliance with HUD’s Environmental Review procedures (24 CFR Part 58) and shall provide guidance, documentation templates, and technical support studies (e.g., SHPO and Tribal consultations) and maintain a complete ERR for each project.
c. Consultant shall ensure timely completion of Request for Release of Funds (RROF) and Authority to Use Grant Funds (AUGF) packages. d. Consultant shall provide training to staff on how to prepare and maintain compliant environmental documentation and ERR systems

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3. Monit
oring, Labor Compliance, and Program Administration
a. Consultant shall, upon request, develop a comprehensive multi-year monitoring plan for CDBG, HOME, ESG, or any other programs. The plan shall include risk assessment, desk and on- site monitoring, reporting formats, and corrective action follow -up procedures in compliance with all Federal and State regulations, such as 2 CFR 200 Subpart D and HUD monitoring guidelines.
b. Consultant shall support and train staff in all aspects of Labor Standards compliance, including Davis -Bacon and Related Acts (DBRA), Section 3, and Buy America Build America (BABA) requirements. Consultant shall prepare and maintain required documentation, wage decisions, payroll reviews, and compliance reports.
c. Consultant shall provide guidance and training to ensure the City’s policies and procedures are up- to-date, in compliance with HUD regulations, and include effective internal controls and documentation standards.
d. Consultant shall support the setup, input, tracking, and maintenance of projects and performance data in HUD’s Integrated Disbursement and Information System (IDIS) and provide training and user support to City staff.
e. Consultant shall assist in the development and publication of the annual Notice of Funding Availability (NOFA), and facilitate transparent, Federal and State compliant proposal review and selection processes
f. Consultant shall work with City staff to review submitted funding proposals for completeness and eligibility; assist in preparing reports for the City Council concerning the allocation of funds for public service and capital expenditure activities.
g. Consultant shall provide training and technical assistance to all funded sub -recipient for CDBG, HOME, HOME -ARP and ESG program compliance.
h. Consultant shall support City staff during HUD or State monitoring visits, including data gathering, corrective action plan preparation, and responding to findings.
i. Consultant shall provide ongoing regulatory research and analysis, attend public meetings as needed, and prepare associated presentations and reports.

4. Financial Management and Compliance
a. Consultant shall support and train in the review of subrecipient reimbursement requests and ensure full compliance with 2 CFR Part 200 financial management standards and any applicable program - specific requirements.

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b. Consul
tant shall support and train in the preparation and submission of all financial and performance reports, including monthly, quarterly, annual, and closeout reports.
c. Consultant shall assist the City in developing internal financial procedures and training finance staff on federal and State grant accounting, budget tracking, and cost allowability principles.

5. Capacity Building and Technical Assistance
a. Consultant shall serve as a knowledgeable, responsive point of contact for City staff regarding Federal and State program rules and procedures.
b. Consultant shall support and train to prepare content and materials for City Council and public presentations, including slides, narratives, and talking points.
c. Consultant shall support and train on presentations and training workshops for subrecipients and the public on Federal and State grant compliance topics.
d. Consultant shall support and train on legally compliant public advertisements for grant programs announcements; City to cover publication costs.
e. Consultant shall assign a primary lead consultant to serve as liaison with the City and to oversee all consultant workstreams. f. Consultant shall respond to inquiries from City staff, HUD, or the public within 24 hours and maintain documented communication logs.
g. Consultant shall maintain a shared task tracker, including a living list of deliverables, deadlines, responsible parties, and status updates. h. Consultant shall participate in weekly status meetings with City staff and provide quarterly written progress reports.
i. Consultant may be requested to communicate with the City’s HUD representative.
j. Consultant should proactively provide streamlining and process improvement suggestions for administering the CDBG program. k. Consultant shall be available, as needed and upon requested, to work on- site in coordination with City staff to support project implementation, training, and collaborative work sessions

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EXHI
BIT B
Fee Schedule

1. All services will be provided on a Time and Materials (T&M) basis, pursuant to the hourly rate listed below. Costs accrued between August 1, 2025 and August 2, 2027 are Not to Exceed $443,340.00, as required in the RFP. If the City elects to extend the Agreement for one (1) optional one-year period, the costs accrued are Not to Exceed $221,670 for that period. MNS will notify the client when the budgets have been 80% expended.

2. MNS will provide the City with up to 40 hours of technical assistance, program guidance, and/or staff training per month. At 40 hours/month, MNS estimates that they will be able to provide grant consultant services throughout the term of this Agreement, including any optional years allotted.

Fee Schedule Staff Member Rate/Hour

Peter Minegar, Vice President-Planning $325.00

Damien Delany, Housing Practice Lead $280.00

Karen Parish, Principal Planner $260.00

Clary Peralta-Colon, Senior Planner Grant Management $150.00

Estella Wells, Senior Planner Grant Management $135.00

Laura Sandoval, Assistant Planner Grant Management $100.00

Sandra Lee, Labor Compliance Officer $145.00

Joe Loveland, Associate Planner $150.00

Renee Gleason, Senior Environmental Planner; Env. Review $180.00

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2 7
8 7

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 15, 2025
To: Honorable Mayor and City Council Members
From: Jeannie Fortune, Interim Director of Finance and Management Services
Department: Finance & Management Services
Subject: Resolutions updating the Bank and Investment
Account Signature Authority: Citizens Business Bank,
Local Agency Investment Fund (LAIF), and
Computershare Trust Company (All Wards)
Recommendation:

City Manager’s Comments
No Comments
Executive Summary
After the previous organizational changes in the City’s personnel and organizational structure, the City updated the on-file signature authorizations with all its various financial institutions in July of 2025. Some of the City’s financial institutions are further requiring a specific format showing the authorized signature authorizations.

Specifically, the City will be updating the signature authorizations for Citizens Business Bank, the Local Agency Investment Fund (LAIF), and Computershare Trust Company Background
The City and Successor Agency must update bank and investment account signature authorizations on file with the various financial institutions that hold City and Successor Agency funds as personnel and organizational changes occur.

Discussion
Most banking institutions require approval from the organizations’ governing body

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2 7
8 7
through the adoption of a resolution and/or minutes from the meeting showing adoption and approval.

The City and Successor Agency have cash, investments, and other funds required to be held by fiscal agents in the following institutions:

1. Wells Fargo Bank, City;

2. Wells Fargo Bank, Successor Agency;

3. U.S. Bank, City;

4. U.S. Bank, Successor Agency;

5. BNY (Bank of New York) Mellon, City;

6. BNY (Bank of New York) Mellon, Successor Agency;

7. Citizens Business Bank, Successor Agency; and

8. Local Agency Investment Fund (LAIF), City - this program offers local agencies to participate in a major portfolio through the State Treasurer’s Office.

9. Authorized Brokers/Dealers for the City and Successor Agency;

10. Computershare Trust Company, City.

Resolutions approved in July 2025 were prepared for the various banking and investment accounts to implement the changes in signature authority.

Three (3) of the banking institutions mentioned above, Citizens Business Bank, LAIF, and Computer Share Trust Company, require authorized signatures on the resolutions themselves.

Attached for City Council’s review and approval are revised resolutions for these banking institutions that include the signatures of the authorized personnel.

2021-2025 Strategic Targets and Goals
Approval of the aforementioned resolutions align with Key Target No. 1: Improved Financial & Operational Capacity by ensuring that the financial and administrative requirements to continue day-to-day operations in the Finance department are completed and kept up to date.

Fiscal Impact
There is no fiscal impact associated with adopting the attached Resolutions.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, and the Mayor and City Council of the City of San Bernardino, California acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City of San Bernardino adopt the attached Resolutions updating the City’s and Successor Agency’s bank and investment account signature authority.

Attachments
Attachment 1 – Resolution No. 2025- 374 Citizens Business Bank, Successor

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2 7
8 7
Agency
Attachment 2 – Resolution No. 2025-375 Local Agency Investment Fund (LAIF), City Attachment 3 – Resolution No. 2025-376 Computershare Trust Company, City Ward:

All Wards
Synopsis of Previous Council Actions:
07-02-2025 City Council approved Bank signatories of existing personnel at the time.
02-19-2025 City Council approved Bank signatories of existing personnel at the time.
01-15-2025 City Council approved Bank signatories for Computershare Debt Trustee Services.
06-05-2024 City Council approved Bank signatories of existing personnel at the time.
05-01-2024 City Council approved Bank signatories of existing personnel at the time.
11-01-2023 City Council approved Bank signatories of existing personnel at the time.

CC: Eric Levitt, City Manager

Packet Page. 126
Resolution No. 2025-374
RESOLUTION NO. 2025-374

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT

AGENCY OF THE CITY OF SAN

BERNARDINO AUTHORIZING SIGNATORIES FOR

CITIZENS BUSINESS BANK ACCOUNTS FOR THE

SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE

CITY OF SAN

BERNARDINO
WHEREAS, the Successor Agency to the former Redevelopment Agency of the City of San Bernardino ("Successor Agency") is a public agency established under the laws of the State of California; and
WHEREAS, Citizens Business Bank is a federally chartered bank under the laws of the United States; and
WHEREAS, the Successor Agency needs to update its signatories periodically with Citizens Business Bank due to changes in Agency staff or changes in staff duties and responsibilities; and
WHEREAS, the Board of Directors of the Successor Agency designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on Citizens Business Bank accounts; and WHEREAS, authorized signers will have the authority to deposit and withdraw funds with Citizens Business Bank on behalf of the City; and
WHEREAS, Citizens Business Bank requires the Successor Agency to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The foregoing
recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the Successor Agency with Citizens Business Bank are hereby revoked.

SECTION 3. The following City of San Bernardino officials, officers, and positions holding the titles specified herein below are each hereby authorized to order the deposit and withdrawal of monies in Citizens Business Bank and may execute and deliver any and all documents necessary or advisable in order to effectuate the purpose of this resolution and transactions completed hereby:

Resolution 2025-374
October 15, 2025

Page 1 of 4 ends

Packet Page. 127
Eric Levitt
Cynthia Jeannie Abano Fortune
Interim Director of Finance and Management
Services
C· . ,
X.i :JA-,C �
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(;�nature)
Resolution No. 2025-374
Tanya Romo
Deputy City Manager
X
'1ime�
Andrea Russell
Director of Human Resources
SECTION 4. Any one of the individuals named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Any two of the individuals named as authorized signers acting on behalf of the Succe ssor Agency, are authorized to sign checks on behalf of the Agency.

SECTION 6. That the Mayor and City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 7. 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 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council of the City of San Bernardino acting on behalf of the Successor Agency to the Former Redevelopment Agency of the City of San Bernardino and signed by the Mayor and attested by the Acting City Clerk this 15th day of October, 2025.

Resolution 2025-374
October 15, 2025

Page 2 of 4 ends

Helen Tran, Mayor
City of San Bernardino

Packet Page. 128
Attest:

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

Sonia Carvalho, City Attorney
Resolution 2025-374
October 15, 2025

Page 3 of 4 ends

Resolution No. 2025-374

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CERTIFICATION
Resolution No. 2025-374

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. 2025-37 4, adopted at a regular meeting held on the 15th day of October, 2025 by the following vote:

Council Members:

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ

AYES NAYS ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this __ day of ____ _ 2025.

Resolution 2025-374
October 15, 2025

Page 4 of 4 ends

Telicia Lopez, CMC, Acting City Clerk

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Resolution No. 2025-375
RESOLUTION NO. 2025-375

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING INVESTMENT OF MONIES IN THE

LOCAL AGENCY INVESTMENT FUND (LAIF) IN

ACCORDANCE WITH CALIFORNIA GOVERNMENT
CODE SECTION 16429.1 AND APPROVING A LIST OF

DESIGNATED CITY OFFICERS AUTHORIZED TO

ORDER DEPOSITS AND WITHDRA WLS OF FUNDS IN

THE LOCAL AGENCY INVESTMENT FUND
WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and
WHEREAS, the Local Agency investment Fund is established by the State Treasurer under Government code 16429.1 et seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the Mayor and City Council hereby finds that the deposit of money in the Local Agency Investment Fund in Accordance with Government Code section 16429.1 et seq for the purpose of investment as provided therein in the best interests of the City of San Bernardino; and WHEREAS, the Local Agency investment Funds (LAIF) is an authorized investment under the City's investment policy and under Government Code Section 53600; and WHEREAS, the City of San Bernardino needs to update its signatories periodically with LAIF due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers on LAIF accounts; and
WHEREAS, authorized signers will have the authority to deposit and withdraw funds with LAIF on behalf of the City; and
WHEREAS, deposits may only come from, and withdrawals may only be made by designated authorized signers on the account.

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

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with the Local Investment Agency Fund are hereby revoked.

Resolution 2025-375
O
ctober 15, 2025

Page 1 of 4 ends

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Resolution No. 2025-375
SECTION 3. The following City of San Bernardino officials, officers, and positions holding the titles specified herein below or their successors in office are each hereby authorized to order the deposit and withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purpose of this resolution and transactions completed hereby:
ynthia Jeannie Abano Fortune
Interim Director of Finance and Management
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Tanya Romo
Deputy City Manager
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Andrea Russell
Director of Human Resources
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SECTION 4. Any one of the individu als named as an authorized signer acting on behalf of the Successor Agency, is authorized to execute documents on behalf of the Agency.

SECTION 5. Interest payments, withdrawals, and matured investments may only be transferred to an account of the City or paid by written demand to the City.

SECTION 6. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 8. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 15th day of October, 2025.

Resolution 2025-375
October 15, 2025

Page 2 of 4 ends

Helen Tran, Mayor
City of San Bernardino

Packet Page. 132
Attest:

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

Sonia Carvalho, City Attorney
Resolution 2025-375
O
ctober 15, 2025

Page 3 of 4 ends

Resolution No. 2025-375

Packet Page. 133

CERTIFICATION
Resolution No. 2025-375

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. 2025-375, adopted at a regular meeting held on the 15th day of October, 2025 by the following vote:

Council Members:

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ

AYES NAYS ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this __ day of ____ _ 2025.

Resolution 2025-375
October
15, 2025

Page 4 of 4 ends

Telicia Lopez, CMC, Acting City Clerk

Packet Page. 134
Resolution No. 2025-376
RESOLUTION NO. 2025-376

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO AUTHORIZING

SIGNATORIES FOR COMPUTERSHARE TRUST

COMPANY DEBT TRUSTEE SERVICES
WHEREAS, the City of San Bernardino is a municipal corporation established under the laws of the State of California; and
WHEREAS, Wells Fargo Bank entered into a definitive agreement with Computershare Trust Company, National Association ("Computershare Trust Company"), Computershare Delaware Trust Company, National Association and Computershare Limited (collectively, "Computershare") to sell substantially all of its Corporate Trust Services ("CTS") business. The sale to Computershare, and virtually all CTS employees of Wells Fargo Bank, along with most existing CTS systems, technology, and offices transferred to Computershare as part of the sale; and WHEREAS, The City pays its debt service obligation bonds for: Pension Obligation bond 2020 Series, and San Bernardino Development Authority HUD Section 108 Loan through Computershare; and
WHEREAS, the City of San Bernardino has added Computershare Trust Company to the list of institutions that require authorized signatures and will need to update its signatories periodically with Computershare due to changes in City staff or changes in staff duties and responsibilities; and WHEREAS, the City of San Bernardino designates the City Manager, Deputy City Manager, Interim Director of Finance and Management Services, and Director of Human Resources as authorized signers for Computershare debt trustee services; and WHEREAS, authorized signers will have the authority to deposit and withdraw funds with Citizens Business Bank on behalf of the City; and
WHEREAS, Computershare Trust Company requires the City of San Bernardino to adopt a corporate resolution and authorization to designate authorized signers on bank accounts.

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

SECTION 1. The foregoing recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. All previous resolutions of designated, authorized signers, if any, for the City of San Bernardino with Computershare Trust Company are hereby revoked.

SECTION 3. The following City of San Bernardino officials, officers, and positions holding the titles specified herein below are each hereby authorized to order the deposit and withdrawal of monies in Computershare and may execute and deliver any and all documents necessary or advisable in order to effectuate the purpose of this resolution and transactions completed hereby:

Resolution 2025-376
October 15, 2025

Page 1 of 4 ends

Packet Page. 135
Cyn ia Jeannie Abano Fortune
Interim Director of Finance and Management
0 tif;;�'� 0 (gnat
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Resolution No. 2025-376
Tanya Romo
Deputy City Manager
X \�6 Im@(signature)
Andrea Russell
Director of Human Resources
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SECTION 4. Interest payments, withdrawals, and matured investments may only be transferred to an account of the City or paid by written demand to the City SECTION 5. That the Mayor and City Council of the City of San Bernardino finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 15th day of October, 2025.

Attest:

Telicia Lopez, CMC, Acting City Clerk
Resolution 2025-376
October 15, 2025

Page 2 of 4 ends

Helen Tran, Mayor
City of San Bernardino

Packet Page. 136
Approved as to form:

Sonia Carvalho, City Attorney
Resolution 2025-376
October 15, 2025

Page 3 of 4 ends

Resolution No. 2025-376

Packet Page. 137

CERTIFICATION
Resolution No. 2025-376

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. 2025-376
, adopted at a regular meeting held on the 15th day of October, 2025 by the following vote:

Council Members:

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ

AYES NAYS ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this __ day of ____ _ 2025.

Resolution 2025-376
October 15, 2025
Page4 of 4
Telicia Lopez, CMC, Acting City Clerk

Packet Page. 138

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 15, 2025
To: Honorable Mayor and City Council Members
From: C. Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Approve a Five (5) Year Professional Services Agreement with HdL Coren & Cone for Property Tax Consulting
Services in an amount not to exceed $121,180 (All Wards) Recommendation:

Executive Summary
The City of San Bernardino’s property tax revenues are structured differently than most cities due to the 2016 annexation of fire services to the San Bernardino County Fire Protection District. As a result, the City no longer receives a direct share of the 1% ad valorem property tax levy. Instead, its discretionary revenues tied to property values come primarily from Property Tax in Lieu of Vehicle License Fees (VLF), one of the City’s largest General Fund revenues, which grows annually with assessed valuation.

The City also receives residual revenues from the former Redevelopment Agency.

HdL Coren & Cone has been the City’s property tax consultant since 2010, providing specialized expertise to protect and maximize these revenue streams. Their services include auditing County allocations, identifying and correcting misallocations, forecasting revenues for budget planning, and supporting redevelopment successor agency compliance. The proposed agreement ensures continuity of these critical services through June 30, 2030.

City Manager Comments
No Comments.

Packet Page. 139
Background
HdL Coren & Cone has over 25 years of experience supporting California local governments in managing property tax revenues. Their proprietary software and familiarity with San Bernardino County Assessor and Auditor-Controller systems provide accurate and timely analysis that the City could not easily replicate in-house.

Since 2010, HdL has assisted the City by:
 Identifying and correcting property tax misallocations.  Reconciling County property tax rolls.
 Forecasting revenues for annual and long-term budgets.  Supporting redevelopment successor agency reporting and cash flow analysis.

Following the 2016 fire annexation, the City’s direct allocation of property tax revenues was shifted to the County Fire Protection District. In exchange, the City now receives Property Tax in Lieu of VLF, which remains tied to assessed valuation growth. HdL’s oversight has been essential in safeguarding this revenue stream and ensuring proper County distributions.

The proposed PSA continues the City’s partnership with HdL through FY 2029–30, updating the scope of services and establishing a clear cost structure to ensure fiscal continuity.

Discussion
Property tax–related revenues, particularly Property Tax in Lieu of VLF and residual redevelopment revenues, represent one of the City’s most significant and stable General Fund sources. Ensuring these revenues are correctly allocated, forecasted, and monitored is critical for fiscal sustainability.

HdL Coren & Cone brings specialized expertise, serving numerous California jurisdictions including nearby cities and both San Bernardino and Riverside Counties.

Their work for the City is organized into three core areas:

1. Audit & Error Correction (Contingent Fee)
a. Biennial audits of secured roll parcels to confirm correct tax rate area assignment.
b. Annual reconciliations of assessed valuation reports. c. Review of unsecured roll parcels for errors and misallocations. d. Audits of general fund and tax increment allocations.

2. Forecasting & Reporting (Fixed Fee)
a. Development of one- and five-year budget projections. b. Reports on top taxpayers, ownership transfers, new construction, and Proposition 8 parcel changes.
c. Historical valuation and sales price trend analysis. d. Gann Limit reporting and annual newsletter summaries. e. City-specific online property tax database updated monthly.

Packet Page. 140

3. Successor Agency & Consultation (Fixed Fee)
a. Annual tax increment projections and cash flow analysis. b. Review of Redevelopment Obligation Payment Schedules (ROPS). c. Monitoring of pass-through and residual revenues.
d. Year-round staff consultation and technical support.

HdL also offers optional services (time-and-materials or negotiated fees), including specialized data reports, additional County research, and bond-related consulting.

The Agreement with HdL Coren and Cone for property tax consulting services is being brought forward for the Mayor and City Council's approval in accordance with Section

3.04.010 D.3. of the City's Municipal Code and Section V (e) of the City's Purchasing Policy (Attachment 11). As outlined in both the Municipal Code and Purchasing Policy, a purchase that is otherwise approved by the action of the Mayor and City Council in a public meeting is exempt from the City's Purchasing Policy. 2021-2025 Strategic Targets and Goals
Approval of a Professional Agreement with HdL Coren & Cone aligns with Goal 1.

Improved Operational & Financial Capacity.

Fiscal Impact
The annual cost for services consists of a fixed base annual fee with an adjustment by potential California Consumer Price Index (CCPI) of 4% per year, for a term of five (5) years with a total fiscal impact of $121,180. This cost is included in the FY 2025/26 Operating Budget, and future appropriations will be programmed through FY 2029/30.

HdL is also entitled to a 25% contingent fee on any new revenues directly recovered through audit efforts. These fees are cost-neutral since they are paid only when additional revenues are secured.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Professional Services Agreement (PSA) with HdL Coren & Cone for Property Tax Consulting Services in an amount not to exceed $121,180 annually, for a term of five (5) years, plus contingent fees for revenue recovery services as outlined in the agreement.

Attachments
Attachment 1 Attachment 1 - PSA with HdL Coren & Cone
Ward:

All Wards
Synopsis of Previous Council Actions:

October 10, 2010 The Mayor and City Council adopted Resolution No. 2010-350 and 2010-351 authorizing the execution of
an agreement with HdL.

CC: Eric Levitt, City Manager

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PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO
AND

HDL COREN AND CONE
This professional services agreement (“Agreement”) is made and entered into as of July 1, 2025 (“Effective Date”), by and between the City of San Bernardino (a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401) (“City”) and HdL Coren and Cone (a California corporation with its principal place of business at 120 South State College Boulevard, Suite 200, Brea, California 92821) (“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 Consultant’s property tax management services (“Services”); and B. Consultant is duly licensed and has the necessary qualifications to provide such Services; and
C. The Parties entered an agreement dated October 18, 2010, for the provision of the Services; and
D. The Parties desire by this Agreement to renew the provision of Services as 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 as set forth in Exhibit A, attached hereto and incorporated herein by reference.

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

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4. Compensation
a. Subject to paragraph 4b below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit B, attached hereto and incorporated herein by reference.
b. In no event shall the total amount paid for annual base services rendered by Consultant under this Agreement exceed the sum of one hundred twenty- one thousand one hundred eighty dollars ($121,180). This amount is to cover all related costs for the duration of the term, and the City will not pay any additional fees for printing expenses. Consultant will submit invoices to City for approval on a quarterly basis. 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. 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 services seem merited by the Parties and informal consultations with the other Party indicate that a change is warranted, it shall be processed by the Consultant forwarding a letter to the City outlining the changes 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 services. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2030 , 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.

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9. Delays in Performance
a. Neither Party shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the 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. “Orders of governmental authorities” includes ordinances; emergency proclamations and orders; and rules to protect the public health, welfare, and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the Federal, state, and local government (including California Division of Occupational Safety and Health Administration requirements). 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.

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 legally required of Consultant to practice his/her profession, skill, or business.

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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 (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 Insurance Services Office (“ISO”) Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury

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(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(iv) The certificate of insurance 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) 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 at all times during the performance of the work under this Agreement.
(ii) Coverage for automobile liability insurance shall be at least as broad as ISO Form Number CA 00 01 covering automobile liability. (iii) The certificate of insurance 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

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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). 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) at all times during the performance of the work under this Agreement. 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 (4) the introduction, implantation, or spread of malicious software code.
g. 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

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(ii) Defense costs shall be payable in addition to the limits with respect to General Liability and Automobile Liability.
(iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the Parties required to be named as Additional Insured pursuant to this Agreement.
h. Evidence Required. Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer; and shall certify the names of the insured, any additional insureds (where appropriate), the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
i. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City within ten (10) business days after renewal .
(ii) The Commercial General Liability 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

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allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers. All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any Federal law.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement (including, but not limited to, the provisions concerning indemnification). (ii) If at any time during the life of the Agreement any policy of insurance required under this Agreement does not comply with these specifications or is 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; any member of the City Council; or any of the officials, officers, employees, agents, or volunteers) shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an

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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. 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 (“Claims”)) in any manner arising out of, pertaining to, or incident to any alleged acts (errors, 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.

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).

19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies 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 subconsultants and sub-subconsultants to comply with the same.

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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.

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.

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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 Nicole Cone-Morishita 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: City Manager
With Copy To:

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

HdL Coren and Cone
120 S. State College Blvd., Suite 200
Brea, CA 92821
Attn: Nichole Cone-Morishita

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

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.

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

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.

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

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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. 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 for the term of this Agreement; or obtain any present or anticipated material benefit arising therefrom.

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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SIGNATURE PAGE
FOR

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO
AND

HDL COREN AND CONE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

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

HDL COREN AND CONE
Nichole Cone-Morishita
Chief Financial Officer

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EXHIBIT A

1.0 DEFINITIONS
The following terms shall have the meaning stated below for purposes of the Exhibit A to the professional services agreement between the City of San Bernardino (“CITY”) and HdL Coren and Cone (“CONSULTANT”):

Audit Review: “Audit” or “Audit Review” shall mean the comparison of databases to ensure that parcels are correctly coded with the appropriate tax rate area to return revenue to the CITY. Audits include the secured and unsecured tax rolls; and where secured records are corrected, the corresponding unsecured records related to those properties are also corrected. A review of the calculation methodologies developed by auditor/controller offices in the administration of property tax is made to ensure compliance. New annexations are audited the first or second year after the area’s adoption due to the timing of the Local Agency Formation Commission for San Bernardino County and the State Board of Equalization in assigning new tax rate areas and county processing of those changes.

County: “County” shall mean the County of San Bernardino (“County”) in which CITY is located.

Data Base: “Data Base” shall mean a computerized listing of property tax parcels and information compiled for CITY from information provided by the County.

Days: “Days” shall mean calendar days.

Property Tax Roll: “Property Tax Roll” shall mean the assessed values of parcels on the secured and unsecured lien date rolls as reported by the County.

Proprietary Information: “Proprietary Information” shall be the reports, technical information, compilations of data, methodologies, formula, software, programs, technologies and other processes previously designed and developed by CONSULTANT and used in the performance of the services hereunder.

Successor Agency: “Successor Agency” means CITY’S administration pursuant to Section 34176 of the Health and Safety Code of the former community redevelopment agency of CITY.

Recovered/Reallocated Revenue: “Recovered or Reallocated Revenue” shall mean additional revenue received as a result of an audit or review of properties submitted for correction or for corrections due erroneous calculations or incorrect methods of distributing revenue discovered by the CONSULTANT, and then made by County agencies which result in a return of additional revenue to the CITY or Successor Agency.

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Scope of Services: “Scope of Services” shall mean all of the Base Services specified in Section 2.0, the Optional Services in Section 3.0, the Additional Services in Section 4.0, or any other services rendered hereunder.

Tax Rate Area (“TRA”): “Tax Rate Area” shall mean the area subject to the tax rate.

2.0 BASE SERVICES
CONSULTANT shall perform all of the following duties as part of the Base Services provided hereunder, unless otherwise specified in writing by the Contract Officer:

2.1 Analysis and Identification of Misallocation Errors (Contingent Fee) (a) In the first year of this Agreement and as necessary thereafter but not less than once every two (2) years, CONSULTANT shall conduct an analysis to identify and verify CITY parcels on the secured Property Tax Roll which are not properly attributed to CITY; and will provide the correct TRA designation to the proper County agency.

Typical errors include parcels assigned to incorrect TRAs within CITY or an adjacent city, and TRAs allocated to wrong taxing agencies.
(b) CONSULTANT shall annually reconcile the annual Auditor- Controller assessed valuations report to the assessor's lien date rolls and identify discrepancies.
(c) CONSULTANT shall annually review parcels on the unsecured Property Tax Roll to identify inconsistencies such as value variations, values being reported to a mailing address rather than the situs address, and errors involving TRAs (to the extent records are available).
(d) CONSULTANT may audit general fund or tax increment property tax revenue or other revenues attributable to CITY departments, Successor Agency, and districts (including but not limited to base year value audits, administration of tax sharing agreements, tax increment allocation reviews, county allocation, and payments reviews).

2.2 Annual Services (Fixed Fee)
Annually, after the Property Tax Roll is available:
(a) CONSULTANT shall establish a Data Base for CITY available through CONSULTANT’S online property tax application.

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(b) Utilizing the Data Base, CONSULTANT will provide:
(1) A listing of the major property owners in CITY, including the assessed value of their property.
(2) A listing of the major property taxpayers by net assessed value.
(3) A listing of property tax transfers which occurred since the prior lien date.
(4) A listing of parcels that have not changed ownership since the enactment of Proposition 13 (Article XIIIA of the California Constitution).
(5) A comparison of property within CITY by county-use code designation.
(6) A listing by parcel of new construction activity to identify non- residential parcels with new construction activity and to provide reports for use in CITY's preparation of State-required appropriation limit calculations pursuant to Proposition 4 (also known as the Gann Limit establishing a spending limit based on Article XIIIB of the California Constitution), as amended by Proposition 111 (adjusting the limit and requiring excess revenues to be determined over a two-year period rather than a single year).
(7) Tracking of Proposition 8 parcel reductions and restorations. (8) An estimate of property tax revenue anticipated to be received for the fiscal year by CITY. This estimate is based upon the initial information provided by the County and is subject to modification. This estimate shall not be used to secure the indebtedness of CITY.
(9) Development of historical trending reports involving taxable assessed values for CITY, median and average sales prices, and related economics trends.
(10) Analyses based on geographic areas designated by CITY upon written request to include assessed valuations and square footage computations for use in community
development planning.

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(11) One (1) and five (5)-year budget projections for CITY’S general fund and related special districts. This report is interactive for tax modeling.
(12) A Newsletter summary for public and elected distribution.

2.3 Successor Agency Services
Successor Agency Services including but not limited to:
(a) Annual tax increment projections and, as requested, cash flow analysis for the Successor Agency by Project Area.
(b) Review of Redevelopment Obligation Payment Schedules (“ROPS”) as requested.
(c) Monitoring of the County distribution of tax-sharing revenues to the taxing entities of the former redevelopment agency.
(d) Coordination, as needed, with the Auditor-Controller the relationship between the tax-sharing, debt service and other obligations of former redevelopment agency.
(e) Preparation, as requested, estimates of pass-through and residual revenue payments to the City and City sub-entities, if any.

2.4 Quarterly Services/Monthly Services (Fixed Fee)
CONSULTANT shall perform the following services quarterly:
(f) A listing of property tax appeals filed on properties in CITY (selected counties).
(g) A listing of property transfers that have occurred since the last report. (h) Monthly update of CONSULTANT’S web-based application to include parcel transfer data and appeal updates.

2.5 On-Going Consultation (Fixed Fee)
During the term of this Agreement, CONSULTANT will serve as CITY's resource staff on questions relating to property tax and assist in estimating current year property tax revenues. On-going consultation would include, but not be limited to, inquiries resolved through use of CITY's data base.

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3.0 OPTIONAL SERVICES
The following services are available on a time and materials basis:

3.1 Specified Data
Generation of specialized data-based reports which would require additional programming, the purchase of additional data, costs for county staff research, or similar matters not necessary to carry out services outlined in Section 2.0.

3.2 County Research
Any research with County agencies for which CONSULTANT does not have a current database.

3.3 Bond Services
Bond services are available for a fixed negotiated fee, including: (a) Tax Allocation Bonds fiscal consultant reports, and (b) Mello-Roos Special Tax studies.

3.4 Additional Meetings Requested
Meetings in excess of the annual meeting to review the analysis of property tax data, trending information, and other findings with CITY shall be considered an Optional Service.

4.0 ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services (without invalidating this Agreement) to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to CONSULTANT, incorporating therein any material adjustment in the contract and/or the time to perform this Agreement; which said adjustments are subject to the written approval of the CONSULTANT. Any increase in compensation of up to $75,000, or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by CONSULTANT that the provisions of this Section shall not apply to Base Services set forth above.

5.0 OBLIGATIONS OF THE PARTIES WITH RESPECT TO SERVICES

5.1 City Materials and Support

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CITY agrees to provide the following information:

1. Current CITY maps and zoning map.

2. A copy of reports received by CITY annually from the Auditor- Controller's office detailing assessed values (secured, unsecured and utilities), as well as unitary values for reconciliation analysis.

3. Parcel listing and maps of CITY parcel annexations since the lien date roll.

4. A listing of completed new construction projects with Assessor's map book, page, and parcel numbers (“APN”) for proper identification and tracking for two years prior to the date of this Agreement. If the data does not include the APN information, CONSULTANT will research this information at an additional cost.

5. A listing of CITY levies assessment districts and direct assessments.

5.2 Compliance with Law
All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of CITY; and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.

5.3 License, Permits, Fees, and Assessments
CONSULTANT shall obtain such licenses, permits, and approvals (collectively the “Permits”) as may be required by law for the performance of the services required by this Agreement. CITY shall assist CONSULTANT in obtaining such Permits, and CITY shall absorb all fees, assessments and taxes which are necessary for any Permits required to be issued by CITY.

5.4 Further Responsibilities of Parties
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

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EXHIBIT B
Schedule of Charges
Base Fixed Fee Services
CONSULTANT shall provide the Base Services described in Section 2.0 above for a fixed base annual fee (invoiced quarterly), as detailed in the table below. The Base Fixed Fee shall be adjusted annually by the California Consumer Price Index (“CCPI”) for all items as determined by the California Department of Industrial Relations as measured February to February by the California All Urban Consumers index.

Base Contingent Fee Services
For Base Services pursuant to Section 2.1 which are payable on a contingent basis, CONSULTANT shall receive 25 percent (25%) of net general fund attributable to CITY departments, districts, or funds recovered or reallocated which are directly or indirectly the result of an audit, analysis, or consultation performed by CONSULTANT (including but not limited to base year value audits, administration of tax sharing agreements, tax increment allocation reviews, and county allocation reviews). CONSULTANT shall separate and support said reallocation and provide CITY with an itemized invoice showing all amounts due as a result of revenue recovery or reallocation. CITY shall pay audit fees after Consultant's submittal of evidence that corrections have been made by the appropriate agency. Payment to CONSULTANT shall be made within thirty (30) days after CITY receives its first remittance advice during the fiscal year for which the correction applies. Contingent Fees, if any, will not be included as part of the not to exceed amount outlined in Section 4(b) of the Agreement.

Additional Work
Fees for Additional Work as outlined in Section 5 of the Agreement shall be billed at the following hourly rates:

Partner $250 per hour
Principal $225 per hour
Programmer $200 per hour
Associate $175 per hour

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Senior Analyst $125 per hour
Analyst $ 90 per hour
Administrative $ 70 per hour
Hourly rates are exclusive of expenses and are subject to adjustment by CONSULTANT annually. On July 1st of each year, CONSULTANT shall provide CITY with an updated schedule of hourly rates. The rates will not be increased by more than five percent (5%) per year.

Fees for Bond Services
Services under Section 3.3 above will be determined depending upon the complexity of the bond issue and the time available for completion of the task and will be mutually agreed to be the parties.

Indirect Expenses
Except as specified above, no other charges shall be made for direct or indirect expenses incurred by CONSULTANT in performing the services in the Scope of Services including for administrative overhead, salaries of CONSULTANT’S employees, travel expenses, or similar matters.

Due Date
All fees are due thirty (30) days immediately following billing. All amounts that are not paid when due shall accrue interest from the due date at the rate of one percent (1%) per month for twelve percent (12%) per annum.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 15, 2025
To: Honorable Mayor and City Council Members
From: C. Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Investment Portfolio Report for August 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 August 2025.

City Manager’s Comments
No Comments
Executive Summary
This action is to receive and file the Investment Portfolio for the month of August 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 August 31, 2025.

The City’s Investment Portfolio is in compliance with 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

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requirements.

Par Market BookInvestments
Value Value Value
% of
Portfolio
% per
City
Policy
State Local Agency
Investment Fund $84,877,629 $84,877,629 $84,877,629 26.08% 23.04% Certificates of Deposit $500,000 $482,252 $500,000 0.15% 30.00% Federal Agency Issues -
Coupon $35,500,000 $34,654,455 $35,493,095 10.90% No cap Money Market Funds $182,509,513 $182,509,513 $182,509,513 56.07% 20.00% Corporate Notes $18,125,000 $17,676,413 $18,119,217 5.57% 30.00% Supranationals $4,000,000 $3,977,790 $3,999,178 1.23% 10.00% TOTAL Investments $325,512,142 $324,178,052 $325,498,632 100.00% 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: $84.9m.
 Certificates of Deposit – savings accounts offered by banks and credit unions offering a fixed interest rate for a specific period of time (guaranteed interest State Lo
cal Agency
Investment Fund

26.1%
Certi
ficates of
Deposit

0.2%
Federal Agency
Issu
es - Coupon

10.9%
Mone
y Market Funds

56.1%
Cor
porate Notes

5.6%
Su
pranationals

1.2%
State Local Age
ncy Investment Fund Certi
ficates of Deposit
Federal Agency Issu
es - Coupon Mone
y Market Funds
Cor
porate Notes Supranati
onals
% of Portfo
lio

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rate). The City policy states that the maximum investment amount permitted is up to 30% of the City’s portfolio ($325m x 30% = $97.6m). 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: $35.5m.
 Money Market Funds – type of mutual funds that invest in highly, liquid, short- term 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 20% of the City’s portfolio ($325m x 20% = $65.1m). Current value: $182m.
 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 ($325m x 30% = $97.6m). Current value: $18m.
 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 ($325m x 10% = $32.5m). Current value: $4m. 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 August 2025.

Attachments

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

All Wards
Synopsis of Previous Council Actions:

N/A
CC: Eric Levitt, City Manager

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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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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 15, 2025
To: Honorable Mayor and City Council Members
From: C. Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for August 2025 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial, payroll disbursements and purchasing card transactions for August 2025.

City Manager Comments
No comments.

Executive Summary
This action is to approve the commercial and payroll disbursements. This is regular business of the Mayor and City Council ensuring that the City pays vendors, employees, and the retirement system timely, accurately and with full transparency for the community.

Background
Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers.

The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser:
https://www.sanbernardino.gov/DocumentCenter/Index/1081

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Discussion
2021-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions.

Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for August 2025.

Attachments
Attachment 1 Payroll Summary Report for August 2025 Attachment 2 Commercial checks & Payroll Register #9 Attachment 3 Commercial checks & Payroll Register #10 Attachment 4 Commercial checks & Payroll Register #11 Attachment 5 Commercial checks & Payroll Register #12 Attachment 6 Commercial checks & Payroll Register #13 Attachment 7 PCard Charges for August 2025
Ward:

All Wards
Gross Payroll
Bi-Weekly for August 14, 2025 $3,529,802.73
Bi-Weekly for August 17, 2025 $3,629,135.48
Monthly for August, 2025 $28,839.37
Total Payroll Demands: $7,187,777.58 The following check registers are being presented for approval:

August 7, 2025 2025/26 (Register #9) $3,173,737.91
August 14, 2025 2025/26 (Register #10) $5,050,984.51
August 19, 2025 2025/26 (Register #11) $1,004,460.92
August 21, 2025 2025/26 (Register #12) $1,334,592.66
August 28, 2025 2025/26 (Register #13) $8,814,531.03
Total commercial check demands: $19,378,307.03
Purchasing Card Charges:

August 2025 $64,154.00
Total Purchasing Card Charges: $64,154.00

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Synopsis of Previous Council Actions:

N/A
CC: Eric Levitt, City Manager

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Fund Amount
001 - General $50,108
111 - AB2766 Air Quality $180
117 - Home Improvement Part 14.239 $475
119 - Community Development Block Grant $2,339
124 - Animal Control $1,120
126 - Gas Tax Fund $3,556
130 - State And Other Grant Programs $3,410
141 - Local Grants $426
635 - Fleet Services Fund $2,530
679 - Information Technology $9
Grand Total $64,154
City of San Bernardino
Purchasing Card Charges by Department
August 2025 Expenditures
Summary by Fund

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City of San Bernardino
Purchasing Card Charges by Department
August-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
001 - General
Mayor
5122 - Dues And Subscriptions
7/31/25 - Membership Renewal $65
8/21/25 - Sun Newspaper Subsc $14
5122 - Dues And Subscriptions Total $79
5132 - Meetings And Conferences
8/12/25- Ticket for to Chief's Luncheon $65
5132 - Meetings And Conferences Total $65
5186 - Civic And Promotional
8/20/25 - Plaque for the Mt. Vernon B $83
5186 - Civic And Promotional Total $83
Mayor Total $227
City Clerk
5122 - Dues And Subscriptions
Monthly License Fee for Marq. $15
5122 - Dues And Subscriptions Total $15
City Clerk Total $15
City Council
5111 - Material And Supplies
07-31-2025 - $462.22 - COSTCO #0947 - MCC Meeting Supplies $462 08-13-2025 - $58.93 - WALMART- MCC Meeting Supplies $59 08-14-2025 - $261.64 - COSTCO #0478 - MCC Meeting Supplies $262 08-26-2025 - $586.75 - COSTCO #947 - MCC Meeting Supplies $587 5111 - Material And Supplies Total $1,370
5132 - Meetings And Conferences
08-04-2025 - $237.51 - Panda Express - MCC Meeting Meal $238 08-18-2025 - $237.51 - PANDA EXPRESS - MCC Meeting Meal August 2 $238 5132 - Meetings And Conferences Total $475
5142 - Meetings And Conferences - Ward 1
08-27-2025 - $75.00 - IE Division 2025 Annual Conference Luncheo $75 5142 - Meetings And Conferences - Ward 1 Total $75
5145 - Meetings And Conferences - Ward 4
08-26-2025 - $91.69 - COMPUTERIZED EMBROIDERY CO (CEC) SHIRTS #4 $92 08-27-2025 - $125.00 - ICLS Advocates for Justice 2025 Ticket #1 $125 08-27-2025 - $75.00 - IE Division 2025 Annual Conference Luncheo $75 5145 - Meetings And Conferences - Ward 4 Total $292
5148 - Meetings And Conferences - Ward 7
08-18-2025 - $725.00 - League of CA Cities - 2025 Annual Confere $725 5148 - Meetings And Conferences - Ward 7 Total $725
City Council Total $2,936
City Manager
5111 - Material And Supplies
Credit for cancelled order of a desk printer which was not recei -$387 Food 4 Less - 08.22.25 CM OFFICE SUPPLIES $87
Sam's Club - 08.12.25 CM OFFICE SUPPLIES $51
Target - 08.22.25 CM OFFICE SUPPLIES $17

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City of San Bernardino
Purchasing Card Charges by Department
August-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
WALMART - 08.28.25 CM OFFICE SUPPLIES $32
5111 - Material And Supplies Total -$199
5122 - Dues And Subscriptions
Sun Newspaper Subscription for City Manager's Office PIO. $26 5122 - Dues And Subscriptions Total $26
5132 - Meetings And Conferences
Annual League of Cal Cities Conference - one day registration fe $425 EL POLLO LOCO - 08.27.25 CM Meeting with Council Members $27 LUPE'S BAKERY - 08.21.25 Department Directors Meeting $36 Marriott - Oct 8-10, 2025, Govt Affairs Mgr - LOCC Annual Conf $579 MOLLY'S CAFE - 08.07.25 Department Directors Meeting $122 Refreshments for meeting with the City Manager's Office $12 Registration for City Manager to attend League of Ca $725 The City Manager only attended one day full credit for the origi -$350 5132 - Meetings And Conferences Total $1,576
City Manager Total $1,403
Community Development & Housing
5111 - Material And Supplies
Ink for printer used by Code Officer Manager $391
Key holder to be used by the Code Enforcement Department to keep $22 Legal File Folders for use by Planning Dept. $30
Toner replacement for Dept. Fax machine $51
Uniform Pants for Code Officers $2,322
Uniform Shirts for Code Officers $1,849
Work gloves to be used by the Building Inspectors $70
5111 - Material And Supplies Total $4,735
5132 - Meetings And Conferences
Dessert for department birthday celebration $48
5132 - Meetings And Conferences Total $48
5133 - Education And Training
Training for Code Enforcement Officer $138
5133 - Education And Training Total $138
Community Development & Housing Total $4,921

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City of San Bernardino
Purchasing Card Charges by Department
August-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
Economic Development
5121 - Advertising
Facade Program advertising $98
Facade program advertising. $410
5121 - Advertising Total $508
5122 - Dues And Subscriptions
San Bernardino Sun Digital Subscription receipt renewal date Aug $14 San Bernardino Sun monthly subscription for Economic Development $10 5122 - Dues And Subscriptions Total $24
5132 - Meetings And Conferences
Hotel for CALED Keys Course for Briana Flores. Travel Authority $737 Hotel for CALED Keys Course for Veronica Rendon. Travel Authorit $737 TeamCA ICSC Western Palm Springs 2025 Economic Development Booth $1,100 5132 - Meetings And Conferences Total $2,573
5183 - Management Allowance
August Monthly Department Director allowance. $44
5183 - Management Allowance Total $44
Economic Development Total $3,149
Finance & Management Services
5122 - Dues And Subscriptions
Barrons subscription $33
Budget Award Application Review Fee FYB 2025 $765 $765
CSMFO Budget Award Invoice $175
The Sun subscription $34
The Wall Street subscription $60
5122 - Dues And Subscriptions Total $1,066
5132 - Meetings And Conferences
2 Staff - Attending MCC Meeting 9/6/25 $27
Administrative Professionals Conference. Flight. Admin $307 CalPERS Conference. Hotel.Accountant II Payroll $566
CalPERS Educational Forum 2025. Registration $599
Department lunch meeting 8.13.25 $477
FY26 ANNUAL CONFERENCE $375
Procurement Contract Specialist to attend Grants Management - Bo $893 Sr. Management Analyst in Grants Division to attend Grants Manag $893 5132 - Meetings And Conferences Total $4,138
5133 - Education And Training
csmfo training. Budget. $400
GFOA class registration. Budget $250
5133 - Education And Training Total $650
5175 - Postage
Cell phone delivery. Purchasing $22
5175 - Postage Total $22
Finance & Management Services Total $5,876

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City of San Bernardino
Purchasing Card Charges by Department
August-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
Human Resources & Risk Management
5121 - Advertising
Job posting site for Director of Parks and Rec $125
5121 - Advertising Total $125
5122 - Dues And Subscriptions
Charged in error $172
Refund for Zoom membership accidentally charged for staff no lon -$172 5122 - Dues And Subscriptions Total $0
5132 - Meetings And Conferences
CalPERS conference for Benefits HR Analyst I $599
Conference for HR Division Manager in Benefits Division $85 League of CA Cities conference for HR Director $1,390
League of CA Cities conference for HR Director member $725 PSHRA conference for Risk Division and Benefit HR Analyst II $285 5132 - Meetings And Conferences Total $3,084
5133 - Education And Training
snacks for training on G/L Claims Training for staff $50 5133 - Education And Training Total $50
5175 - Postage
Delivery packet services from Employee Relations Division $150 5175 - Postage Total $150
Human Resources & Risk Management Total $3,408
Library
5111 - Material And Supplies
Book Labels $45
5111 - Material And Supplies Total $45
5132 - Meetings And Conferences
California Library Association Professional Development Conferen $225 5132 - Meetings And Conferences Total $225
Library Total $270
Parks & Recreation
5111 - Material And Supplies
Bingo items for Senior Service bingo club at both Senior Facilit $423 Items for resource event on 8/9/25 at golden future expo that ha $96 Materials for Aquatics $36
purchase of food items for center cooking program (DHCC) $21 purchase of food items for center cooking program (RHCC) $81 purchase of food items for older adults (senior) program at VCC $47 purchase of non-perishable and perishable foods for center cooki $52 purchase of perishable and non perishable food items for center $82 purchase of perishable food items for center cooking program (LC $51 Senior Movie Day: Seventeen seniors age participants had the the $102 Senior Movie Day: Sixteen seniors age participants had the the o $96 Senior Services coffee supplies, and supplies for Just dance on $253 Sizzlin Summer Night Concert Series $33
5111 - Material And Supplies Total $1,372
Parks & Recreation Total $1,372

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City of San Bernardino
Purchasing Card Charges by Department
August-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
Police
5111 - Material And Supplies
headsets for dispatch $3,817
5111 - Material And Supplies Total $3,817
5113 - Motor Fuel And Lubricants
Fuel for Chief's city issued vehicle. $237
5113 - Motor Fuel And Lubricants Total $237
5122 - Dues And Subscriptions
Buzzsprout Podcast Subscription for Police Dept $12
NOTARY CERTIFICATE NEEDED FOR DEPARTMENT USE BY FRANCINE NIEVES $516 5122 - Dues And Subscriptions Total $528
5132 - Meetings And Conferences
CNOA CONFERENCE REGISTRATION $1,500
5132 - Meetings And Conferences Total $1,500
5133 - Education And Training
2025 C.I.T. INTERNATIONAL CONFERENCE HOTEL $891
CCIA TRAINING CONFERENCE HOTEL DEPOSIT $199
CCIAA TRAINING CONFERENCE REGISTRATION $1,050
EXPLOSIVE BREACHING REGISTRATION $4,600
FBI-LEEDA LEADERSHIP REGISTRATION $795
IACP CONFERENCE FLIGHT $580
SCAFO TRAINING CONFERENCE REGISTRATION $445
WOMEN LEADERS IN LAW ENFORCEMENT HOTEL PRE-PAID $2,904
5133 - Education And Training Total $11,464
5134 - Training Post Reimburseable
BASIC MOUNTED PATROL REGISTRATION $650
LESS LETHAL INSTRUCTOR REGISTRATION $405
MANAGEMENT & SUPERVISION OF DET UNIT REGISTRATION $694
SUPERVISORY LEADERSHIP INSTITUTE HOTEL PARKING $30
SUPERVISORY LEADERSHIP INSTITUTION HOTEL $521
VEHICLE DEFENSIVE REGISTRATION $1,200
5134 - Training Post Reimburseable Total $3,500
Police Total $21,046
Public Works
5111 - Material And Supplies
liquid chlorine for pools $3,734
5111 - Material And Supplies Total $3,734
5133 - Education And Training
CWT Training course for public works employee $400
cwt training for Jose Moreno $400
cwt training Richard Garcia $400
Training course for California Construction Permit for Public Wo $550 5133 - Education And Training Total $1,750
Public Works Total $5,484
001 - General Total $50,108

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City of San Bernardino
Purchasing Card Charges by Department
August-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
111 - AB2766 Air Quality
City Manager
5181 - Other Operating Expense
Amazon - 08.01.25 Rideshare Incentive - 2nd Quarter Carpools of $180 5181 - Other Operating Expense Total $180
City Manager Total $180
111 - AB2766 Air Quality Total $180
117 - Home Improvement Part 14.239
Community Development & Housing
5133 - Education And Training
Training for the Housing Compliance Specialist related to HUD's $475 5133 - Education And Training Total $475
Community Development & Housing Total $475
117 - Home Improvement Part 14.239 Total $475
119 - Community Development Block Grant
Community Development & Housing
5133 - Education And Training
Conference room reservation for leadership development training $350 Leadership development training for the Housing & Homeless Divis $368 5133 - Education And Training Total $718
5167 - Software Maintenance
Grammarly software for the housing department $2,262
5167 - Software Maintenance Total $2,262
Community Development & Housing Total $2,980
Police
5111 - Material And Supplies
PARTIAL REFUND for outreach vest accessories for PEACE Team -$102 5111 - Material And Supplies Total -$102
5502 - Professional Contractual Services
Motel voucher transaction and refund -$539
5502 - Professional Contractual Services Total -$539
Police Total -$641
119 - Community Development Block Grant Total $2,339
124 - Animal Control
Animal Services
5111 - Material And Supplies
5 in 1 animal vaccines $711
Cat and dog food $287
Refund issued on foil litter pans and paper trays for shelter an -$39 Stainless steel table for the clinic $112
Wooden Dowels for Roosting for birds seized from Cockfighting Ca $50 5111 - Material And Supplies Total $1,120
Animal Services Total $1,120
124 - Animal Control Total $1,120

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City of San Bernardino
Purchasing Card Charges by Department
August-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
126 - Gas Tax Fund
Operations and Maintenance O&M
5111 - Material And Supplies
100 CITY LOGO HATS FOR OPERATIONS AND MAINTENANCE CREW $1,952 TWO TOOL TRAYS FOR THE TRAFFIC SIGNAL BUCKET TRUCKS $364 5111 - Material And Supplies Total $2,316
5133 - Education And Training
IMSA CERTIFICATION TRAFFIC SIGNAL TECH II $670
IMSA CERTIFICATION TRAFFIC SIGNAL TECH III $570
5133 - Education And Training Total $1,240
Operations and Maintenance O&M Total $3,556
126 - Gas Tax Fund Total $3,556
130 - State And Other Grant Programs
Community Development & Housing
5111 - Material And Supplies
Naloxone Nasal Spray for ERF Team to treat opiate overdoses. $603 5111 - Material And Supplies Total $603
Community Development & Housing Total $603
Parks & Recreation
5111 - Material And Supplies
Intergenerational Programming: Eats, Treats, and Healthy Drinks $580 purchase of beach supplies for Back 2 Nature (Grant) Beach Trip. $57 purchase of food for Back 2 Nature (Grant) Family Beach Trip. GL $731 purchase of regular and dry ice for the Back 2 Nature (Grant) Be $186 5111 - Material And Supplies Total $1,553
5121 - Advertising
Marketing for Grandparents day Celebration at Perris hill park o $15 5121 - Advertising Total $15
Parks & Recreation Total $1,568
Police
5111 - Material And Supplies
Grant-related office supplies $214
5111 - Material And Supplies Total $214
5122 - Dues And Subscriptions
Travel for grant-related operation - Incorrect $0
5122 - Dues And Subscriptions Total $0
Police Total $214
Public Works
5132 - Meetings And Conferences
GIS Administrator conference hotel $1,025
5132 - Meetings And Conferences Total $1,025
Public Works Total $1,025
130 - State And Other Grant Programs Total $3,410

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City of San Bernardino
Purchasing Card Charges by Department
August-2025 Expenditures
Fund/Department/Account/Description P-Card Charges
141 - Local Grants
Police
5111 - Material And Supplies
can-am equipment needed for repairs $426
5111 - Material And Supplies Total $426
Police Total $426
141 - Local Grants Total $426
635 - Fleet Services Fund
Public Works
5111 - Material And Supplies
AC HEATER CLIMATE CONTROL TEMP SWITCH FOR FORD RANGER $46 5111 - Material And Supplies Total $46
5113 - Motor Fuel And Lubricants
cng # 445 $107
cng 443 $119
cng for # 392 $150
cng for # 445 $151
cng for #423 $185
cng for unit # 392 $38
cng for unit # 397 $41
cng for unit # 415 $62
cng for unit # 423 $151
cng for unit # 445 $404
cng for unit 398 $22
CNG FUEL FOR VACTOR TRUCK $150
cng unit # 423 $119
cng unit # 443 $136
5113 - Motor Fuel And Lubricants Total $1,834
5173 - FALSE
motor repair unit # 7015 $650
5173 - FALSE Total $650
Public Works Total $2,530
635 - Fleet Services Fund Total $2,530
679 - Information Technology
Information Technology
5132 - Meetings And Conferences
Lodging for the Director for the annual MISAC conference. $332 refund for the lodging for the Directors MISAC conference. -$332 5132 - Meetings And Conferences Total $0
5167 - Software Maintenance
Google workspace for collaboration of email and documents $9 5167 - Software Maintenance Total $9
Information Technology Total $9
679 - Information Technology Total $9
Grand Total $64,154

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 15, 2025
To: Honorable Mayor and City Council Members
From: Andrea Russell, Director of Human Resources
Department: Human Resources
Subject: Amendments to Professional Services Agreements for Legal Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or their designee to execute:

1. Fifth Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for the provision of legal services in connection with the case entitled Brian Pellis, et al. v. City of San Bernardino, et al. US District Court Case No. CIVSB 2226731 increasing the not-to-exceed amount from $950,000 to $2,000,000. This case remains open.

2. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for the provision of legal services in connection with the case entitled Christina Nedrebo v. City of San Bernardino, Superior Court Case No. CIVSB2402094 increasing the not-to-exceed amount from $240,000 to $400,000. This case remains open.

City Manager’s Comments
No Comments
Executive Summary
Amending the legal services agreements will allow the City to pay outstanding invoices and retain current legal counsel.

Background
The City often engages outside legal counsel to handle specific matters rather than relying solely on the appointed City Attorney’s Office. This is a standard practice among municipalities and is done to ensure the City receives the highest level of expertise on specialized issues.

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Outside counsel may be retained when a matter requires particular subject-matter expertise, demands additional capacity due to workload, or necessitates independent representation to best protect the City’s interests.

This approach allows the City to maintain transparency, uphold ethical standards, and ensure that each legal matter is handled efficiently and in the public’s best interest.

Brian Pellis, et al. v. City of San Bernardino, et al.

On July 14, 2022, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud & Romo (AALRR) in the amount of $49,999.00 pursuant to 3.04.085(A) of the Municipal Code to represent the City in Brian Pellis, et al. v. City of San Bernardino, et al., US District Court Case No. CIVSB 2226731.

On October 17, 2023, the city entered into the first amendment to the agreement for a total not to exceed $100,000.

On January 23, 2024, the City entered into the second amendment to the agreement for a total not to exceed $250,000.

On June 5, 2024, the City entered into the third amendment to the agreement for a total not to exceed $450,000.

On February 5, 2025, the City entered into the fourth amendment to the agreement for a total not to exceed $950,000.

Christina Nedrebo v. City of San Bernardino
On October 5, 2023, the City entered into an agreement with Atkinson, Andelson, Loya, Ruud and Romo in the amount of $100,000 pursuant to 3.04.085 (A) of the Municipal Code to represent the City in the Nedrebo v. City of San Bernardino, San Bernardino Superior Court Case CIVSB2402094.

On July 16, 2025, the City entered into the first amendment to the agreement for a total not to exceed $245,000.

Discussion
Atkinson, Andelson, Loya, Ruud and Romo (AALRR) has worked effectively and efficiently on the Brian Pellis v. City of San Bernardino and Christina Nedrebo v. City of San Bernardino matters. These cases are still active.

Increasing the not to exceed limits will retain AALRR as counsel for these matters. It is advisable to maintain them as continued representation is essential to protect the City’s interest and avoid unnecessary liability.

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The proposed amendments to the contract amounts are as follows:

Case Firm Current Not-to
Exceed Amount
Proposed Not-to-
Exceed Amount
Brian Pellis, et al.

Atkinson,
Andelson, Loya,
Ruud and Romo
$950,000 $2,000,000
Christina Nedrebo
Atkinson,
Andelson, Loya,
Ruud and Romo
$245,000 $400,000
2021-2025 Strategic Targets and Goals
Authorization of these amendments aligns with Key Target No. 1e: Improved Operational & Financial Capacity – Minimize Risk and Litigation Exposure. Continued legal representation protects the City’s interest and avoids unnecessary liability.

Fiscal Impact
The fiscal impact is $1,155,000. The Fiscal Year 2025-26 Operating Budget has sufficient funds to accommodate this increase to the Professional Services Agreements.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager or their designee to execute:

1. Fifth Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for the provision of legal services in connection with the case entitled Brian Pellis, et al. v. City of San Bernardino, et al. US District Court Case No. CIVSB 2226731 increasing the not-to-exceed amount from $950,000 to $2,000,000. This case remains open.

2. Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud & Romo for the provision of legal services in connection with the case entitled Christina Nedrebo v. City of San Bernardino, Superior Court Case No. CIVSB2402094 increasing the not-to-exceed amount from $240,000 to $400,000. This case remains open.

Attachments
Attachment 1 - Fifth Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Brian Pellis case.

Attachment 2 - Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Christina Nedrebo case.

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Attachment 3 - Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Brian Pellis case.

Attachment 4 - Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Christina Nedrebo case.

Ward:

All Wards
Synopsis of Previous Council Actions:

February 5, 2025, the Mayor and City Council authorized the City Manager to execute the Fourth Amendment with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Brian Pellis, et al. v. City of San Bernardino, et al Case No. CIVSB 2226731
July 16, 2025, the Mayor and City Council authorized the City Manager to execute a the First Amendment with Andelson, Loya, Ruud and Romo for representation in the Christina Nedrebo v. City of San Bernardino, Superior Court Case No. CIVSB2402094.

CC: Eric Levitt

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FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO

AND ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
This Fifth Amendment (“Third Amendment”) to the Professional Services Agreement dated October 1 5, 2025, is made and entered into by and between the City of San Bernardino (“City”) and Atkinson, Andelson, Loya, Rudd & Romo PC (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On July 14, 2022, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to Brian Pellis, et al. v. City of San Bernardino, et al., Case No. CIVSB2226731 (“Original Agreement”). b. On November 1, 2023, the City entered into the first amendment to the agreement for a total not to exceed $100,000. (“First Amendment”) c. On January 23, 2024, the City entered into the second amendment to the agreement for a total not to exceed $250,000. (“Second Amendment”) d. On May 15, 2024, the City entered into the third amendment to the agreement for a total not to exceed $450,000. (“Third Amendment”)
e. On February 5, 2025, the City entered into the fourth amendment to the agreement for a total not to exceed $950,000. (“Third Amendment”) f. The City and Consultant now desire to increase the amount of the Original Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $950,000 to $2,000,000.

3. Except as modified by this Fifth Amendment, all provisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This Fifth Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: ______________ ATKINSON, ANDELSON, LOYA, RUUD AND ROMO By: Irma Rodriguez Moisa,
Its: Partner
Dated: ______________ CITY OF SAN BERNARDINO
By: Eric Levitt
Its: City Manager

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SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated October 15, 2025, is made and entered into by and between the City of San Bernardino (“City”) and Atkinson, Andelson, Loya, Ruud and Romo (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On October 5, 2023, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to Christina Nedrebo v. City of San Bernardino, Superior Court. Case No. CIVSB2402094 (“Original Agreement”). b. On July 16, 2025, the City entered into the first amendment to the agreement for a total not to exceed $250,000. (“First Amendment”)
c. City and Consultant now desire to increase the amount of the Original Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $245,000 to $400,000.

3. Except as modified by this Second Amendment, a ll provisions of the Original Agreement shall remain in full force and effect for the term thereof.

4. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

Dated: , 2025 ATKINSON, ANDELSON, LOYA, RUUD AND ROMO By: Irma Moisa Rodriguez
Its: Partner
Dated: , 2025 CITY OF SAN BERNARDINO
By: Eric Levitt
Its: City Manager

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A T K I N S O N , A N D E L S O N , L O Y A , R UUD & R O M O

C E R R I T O S
(562) 653 -3200

F R E S N O
(559) 225 -6700

I R V I N E
(949) 453 -4260

M A R I N
(628) 234 -6200

A P R O F E S S I O N A L L A W C O R P O R A T I O N

A T T O R N E Y S A T L A W
2151 R I V E R P L A Z A D R I V E, S U I T E 300
SACRAMENTO , CALIFORNIA 95833 -4130
(916) 923 -1200

FAX (916) 923 -1222
WWW.AALRR.COM

P A S A D E N A
(626) 583 -8600

P L E A S A N T O N
(925) 227 -9200

R I V E R S I D E
(951) 683 -1122

S A N D I E G O
(858) 485 -9526

42396573.2
[email protected]
(916) 920-6954
October 5, 2023

VIA EMAIL
[email protected];[email protected]

CONFIDENTIAL, SUBJECT TO ATTORNEY-CLIENT PRIVILEGE
Genevieve Valdez
Oscar Avila
City of San Bernardino
290 North D Street
San Bernardino, California 92401

Re: Representation re Christina Nedrebo v City of San Bernardino, et al.

Dear Ms. Valdez and Mr. Avila,
We have received the City’s request for representation in the above-referenced matter. The purpose of this letter is to confirm the terms and conditions of the representation of THE CITY OF SAN BERNARDINO (the “Client” or “you”) by Atkinson, Andelson, Loya, Ruud & Romo (the “Firm,” “we,” or “us”) in connection with Christina Nedrebo v. City of San Bernardino, et al. (the “Matter”). These same terms and conditions will apply to any other matter that the Firm agrees to handle for you at your request unless you and the Firm enter into a separate written agreement regarding such other matter.

These terms and conditions will not take effect, and we will have no obligation to provide legal services until you return a signed copy of this representation agreement and pay the initial deposit, if any, called for in this agreement.

Scope of the Firm’s Representation. You have engaged the Firm to represent you in connection with the Matter and the Firm has agreed to defend only the City of San Bernardino in connection with this Matter.

Our services will not extend to any of your other legal affairs o r other aspects of your activities unless you and the Firm agree to such representation. You understand and agree that the Firm’s receipt or use of confidential or other information from you or others in the course of this representation will not give ris e to any expectation by you that the Firm will render any other advice or services.

DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B

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A T K I N S O N , A N D E L S O N , L O Y A , R UUD & R O M O City of San Bernardino
October 5, 2023

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42396573.2
If a court action or arbitration is initiated, we will represent you through the trial or arbitration and any post trial or arbitration motions. We will not represent you on appeal or in any execution proceedings unless you and we agree on a further representation in writing.

Insurance. With respect to insurance coverage for any matters covered by the scope of services under this Agreement, you agree that it is your own re sponsibility, rather than the Firm’s responsibility, to identify potential insurance coverage and to tender legal matters to any appropriate insurance companies that may insure you. If you desire that the Firm become involved in identifying potential insu rers and/or the tender of legal disputes, then a separate written agreement between you and the Firm to that effect will be required.

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.
• Additional Insured
The City of San Bernardino, its offici als, 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.
• Commercial General Liability
• 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. • 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.
• Commercial General Liability Insurance must include coverage for the following:
• Bodily Injury and Property Damage
• Personal Injury/Advertising Injury
• Premises/Operations Liability
DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B

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A T K I N S O N , A N D E L S O N , L O Y A , R UUD & R O M O City of San Bernardino
October 5, 2023

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• Products/Completed Operations Liability
• Aggregate Limits that Apply per Project
• Explosion, Collapse and Underground (UCX) exclusion deleted • Contractual Liability with respect to this Contract
• Broad Form Property Damage
• Independent Consultants Coverage
• The policy shall contain no endorsements or provisions limiting co verage 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.
• 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. • 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. • Automobile Liability
• 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.
• 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).
• The policy shall give City, its elected and appoi nted officials, officers, employees, agents and City designated volunteers additional insured status. • Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the C ity as an additional insured, but not a self-insured retention.

DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B

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A T K I N S O N , A N D E L S O N , L O Y A , R UUD & R O M O City of San Bernardino
October 5, 2023

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• Workers’ Compensation/Employer’s Liability
• 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.
• 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.
• Professional Liability (Errors and Omissions)
At all times during the pe rformance 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 Se rvices” 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. • Privacy/Network Security (Cyber)
At a ll 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 spre ad of malicious software code, in a form and with insurance companies acceptable to the City.

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

DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B

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A T K I N S O N , A N D E L S O N , L O Y A , R UUD & R O M O City of San Bernardino
October 5, 2023

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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 • Defense costs shall be payable in addition to the limits. • 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. • 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. • Policy Provisions Required
• 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 Gene ral Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.

DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B

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• 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.
• 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 th e 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.
• 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 an d insurance clauses from each of its subconsultants.
• 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 und er other provisions of the Agreement or law.
• Qualifying Insurers
• All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
• 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. • Additional Insurance Provisions
• 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 DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B

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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.
• 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.
• The City may require the Consultant to provide complete copies of all insurance policie s in effect for the duration of the Project.
• 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. • 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.

Indemnification.

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, act ions, 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 negligent 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 DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B

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volunteers. Consultant’s indemnification obligation shall sur vive the expiration or earlier termination of this Agreement.

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, reckless ness, 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.

The Firm will not settle, negotiate or compromise the Matter without your consent.

Assignment of Firm Personnel. I will be primarily responsible for the supervision of the Matter, but you are engaging the Firm, not me individually. As we discussed, I expect that my associate Angelo E. Mishriki , Esq. and a paralegal will be assisting me with the Matter. As and when necessary, I will draw upon the talent and expertise of other atto rneys and paralegals along with legal assistants to handle this Matter.

Communication by Firm. The Firm will keep you regularly and currently informed of the status of the Matter and will consult with you when appropriate. Copies of significant correspon dence and documents will be sent to the person designated by you from time to time for that purpose. In the event that you need to reach the Firm and the person sought is unavailable, please leave a message for the person concerned, disclosing the nature and urgency of the call. It is the Firm’s policy that all calls will be returned promptly and in any event no later than within one business day of receipt of the call. If you have not received a return call within that time, please call again.

Client Co operation. You understand and agree that, in order for the Firm to represent you effectively, it is necessary for you to assist and cooperate with the Firm during this engagement.

You agree to (1) make yourselves (including employees, if applicable) available to discuss issues as they arise in this matter; (2) attend and participate in meetings, preparation sessions and court proceedings, review drafts of documents, and perform other activities in connection with the representation; and (3) provide complete and accurate information and documents to us on a timely basis. Your non-cooperation will be grounds for the Firm’s withdrawal from representing you. It is essential that you and the Firm maintain open communications.

Protection of Client Confidences – High Tech Communication Devices . The Firm stays constantly aware of its important obligation to preserve the secrets and confidences of its clients, which it holds in precious trust for them. To that end it is important that you and the Firm agree from the outset what kinds of communications technology the Firm should employ in the course of this engagement. For instance, the exchange of documents and other information using email or other types of electronic communications involves some risk that information will be retrieved DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B

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by third parties with no right to see it. Even the use of facsimile machines can cause problems if documents are sent to numbers where the documents sit in open view.

Therefore, you should only provide the Firm with cellular numbers, facsimile numbers and email addresses which are acceptable to you for receiving confidential communications from the Firm.

If you have any mailing addresses, cellular numbers, facsimile numbers, and email addresses that the Firm should not use for confidential communications, please advise us of these in writing. You agree that the Firm may use any of your cellular numbers, facsimile numbers and email addresses other than those which you specify in writing that the Firm should not use. You can use t he Technology Questionnaire form at the end of this letter for this purpose.

During the course of our representation of you, it may be necessary to wire transfer funds to the Firm. We will always provide the Firm’s banking information in an encrypted email. Do not rely upon any future purported email from the Firm that changes the wire transfer information without confirming that change through a telephone call directly with a Firm attorney.

Fees and Expenses. The Firm’s fees are generally based on the a ctual time spent on the Matter by the Firm’s attorneys, paralegals and legal assistants. Each has an hourly rate at which his or her time is charged. That rate is set by the Firm, taking into consideration the individual’s professional expertise and other relevant factors. Generally, these rates are revised in November of each year. The current hourly rates are $250 to $910 per hour for the Firm’s attorneys and $225 to $265 for the Firm’s paralegals. Susana P. Solano’s 2023 hourly fee is $350.00 pe r hour and Angelo Mishriki’s 2023 hourly fee is $335.00. Attorney’s time will be recorded in hours and tenths of hours (six minute units) with a minimum entry of two tenths of an hour. Rates for legal assistants and others who perform services for you will be reflected on the invoices issued to you.

It is contemplated that the Firm will, and the Firm reserves the right to, adjust its hourly rates upward in the future.

The amount of the fees based on the actual time spent is not necessarily the amount tha t will be billed to you, but may be adjusted based on the nature of the work performed or the results achieved. Each month before bills are issued, a review is performed to assess the nature and quality of the services performed for you. In cases where there is a significant disparity between the value of the services rendered or results achieved and the fees based on the time spent, the fees may be adjusted, as appropriate under the circumstances, to reflect that value.

In no event shall the total amount paid for services rendered by the Firm under this Agreement exceed the sum of one -hundred thousand dollars ($100,000.00) without first obtaining authorization from the Client.

In addition to our fees, Client will also be responsible for paying a 9% administrative charge calculated and based on fees billed to cover costs and expenses incurred in our handling of the matter such as photocopies, local travel charges and parking, fax charges, telephone charges and other similar charges. In addition to th e administrative charge Client will be responsible for DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B

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reimbursing Firm for other out-of-pocket charges such as court and filing fees, deposition charges, messenger fees, witness fees, investigator fees and similar charges.

The Firm will not be obligated t o advance costs on your behalf. However, for the purposes of convenience and in order to expedite matters, the Firm reserves the right to advance costs on your behalf with your prior approval in the event a particular cost item exceeds $ 2,000.00 in amount and without your prior approval in the event a particular cost item totals $2,000.00 or less.

The Firm will prepare a monthly statement containing a detailed description of the services performed and the costs advanced by the Firm during each month and will mail such statement to you on or about the 15th of the following month. Payment of the full amount due, as reflected on the monthly statement, will be due from you to the Firm by the end of that following month, unless other arrangements are made. In the event where you have funds deposited in the Firm’s Client Trust Account at the time a monthly billing statement is prepared, funds will be transferred from the Firm’s Client Trust Account to the Firm’s General Account to the extent of the balance due on the monthly statement and a credit for such payment will be reflected on the monthly statement.

Any balance of fees or costs advanced remaining unpaid after the due date will be subject to a 1% per month service charge.

Client agrees to review t he Firm’s monthly statements promptly upon receipt and to notify the Firm, in writing, with respect to any disagreement with the monthly statement. Failure to communicate written disagreement with the Firm’s monthly statement within sixty (60) days of Client’s receipt thereof shall be deemed to signify Client’s agreement that the monthly billing statement accurately reflects: (i) the legal services performed; and (ii) the proper charge for those legal services.

Initial Deposit to be Applied to Fees and Co sts Incurred. When the Firm accepts new clients or material for new matters from existing clients, our policy is to request a deposit against the fees and costs expected to be incurred in the first couple months after the Firm is engaged. This is a refundable deposit; any amount not owed for fees and costs incurred will be refunded upon request.

No fee deposit is due at this time but the Firm reserves the right to request a refundable deposit at appropriate intervals during the Firm’s representation of y ou. Additional deposits will be placed in the Firm’s Client Trust Account. You hereby authorize the Firm to withdraw funds held in the Client Trust Account from time to time as fees and costs are incurred.

Conflicts with Other Clients. The Firm has a number of attorneys. The Firm may currently or in the future represent one or more other clients in matters involving Client. The Firm undertakes this engagement on the condition that the Firm may represent another client in a matter in which the Firm does not represent Client, even if the interests of the other client are adverse to those of Client (including appearance on behalf of another client adverse to Client in litigation or arbitration), provided the other matter is not substantially related to the Firm’s representation of Client and in the course of representing Client attorneys of the Firm have not obtained confidential information of Client material to the representation of the other client (“Permitted Adverse DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B

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Representation”). Client’s consent to this arrangement is required because of its possible adverse effects on performance of the Firm’s duties as attorneys to remain loyal and available to those other clients and to render legal services with vigor and competence. Also, if an attorney does not continue an engagement or must withdraw therefrom, the client may incur delay, prejudice or additional cost such as acquainting new counsel for the matter. Client agrees not to seek to disqualify the Firm from representing such other client in any Permitted Adverse Representation.

Termination of Representation. You may terminate this representation at any time, subject to the payment of any fees and costs incurred prior to such termination. The Firm may withdraw from this representation for good caus e, on reasonable notice, without your consent. Good cause includes but is not limited to: (1) your failure to cooperate with us as provided above; (2) your failure to pay any bill when due or to replenish the deposit when requested as provided above; or (3) any fact or circumstance that would render our continuing representation unlawful or unethical.

Any termination of our representation of you would be subject to such approval as may be required from any court in which the Firm is appearing on your behalf.

Binding Agreement. This letter represents the entire agreement between you and the Firm with respect to this Matter and any other matter which we agree to perform on your request unless such matter is covered by a separate written agreement between yo u and us. By signing below, you acknowledge that you have carefully reviewed and understand the content of this letter and agree to be bound by all of its terms and conditions. Furthermore, you acknowledge that the Firm has made no representations or gua rantees to you regarding the outcome, or the time necessary to resolve, the Matter. No change or waiver of any of the provisions of this letter will be binding on either you or the Firm unless the change is in writing and signed by both you and the Firm.

Document Retention Policy. The Firm will retain its files on each matter handled for you for five (5) years after the Matter is closed. The Firm will then destroy those files unless you have previously asked the Firm in writing to deliver those files to you. However, the Firm will not destroy the following types of files without giving thirty days’ written notice to you: (1) estate and succession planning files and (2) corporate, limited liability company or partnership organization and records files.

Consent to Firm Communication. As a part of the Firm's commitment to client service, we will send you periodic alerts on case developments and legislative changes. In addition, we will send you notice on Breakfast Briefings, Conferences, and other training opportunities designed to help you with your daily legal concerns. The Firm will send these and other additional service notices to you via regular mail and/or electronic mail at the e -mail address which you designate on the Technology Questionnaire, co ntract, or use in your daily communications with us. We believe that these e -mail notices are a quick and convenient way for us to keep you apprised of legal changes which affect your business.

Termination of Attorney-Client Relationship. The attorney-client relationship between you and the Firm will cease at the conclusion of the Matter. There are instances when the Firm has been DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B

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engaged to provide ongoing general business, tax and estate planning advice to clients. If the Firm is not asked by the Client to provide advice for a period of one (1) year from the last date the Firm provided such ongoing advice, both you and the Firm agree that the attorney-client relationship is terminated on the last date the Firm provided advice, without further action or notice by either party. All other terms and conditions of this letter will remain in full force and effect, including the obligation to pay all unpaid fees and costs and the obligation to arbitrate any disputes as provided below. If you request addition al legal services and the Firm agrees to perform those services after such termination, the terms and conditions of this letter will apply with respect to such services unless you and the Firm enter into a new written engagement agreement with respect to such services.

Attorneys’ Lien. Client grants the Firm a lien for all amounts owed to the Firm on any sum or sums recovered (whether by litigation, arbitration, settlement or otherwise) in connection with our representation of Client. The Firm is authorized by Client to use this lien to satisfy any obligation owed to the Firm by Client under this letter agreement. The lien will attach to any recovery Client may obtain, whether by arbitration, award, judgment, settlement or otherwise. The effect of such a lien is that the Firm may be able to compel payment of fees and costs from any such funds even if the Firm’s representation of Client has been terminated before the conclusion of the Matter.

Because the lien may affect Client’s property rights, it may be desirable for Client to seek the advice of an independent attorney before agreeing to such a lien. Irrespective of whether or not Client seeks such independent advice, the lien will be effective upon Client’s signing of this letter agreement.

Binding Arbitration. If any dispute arises out of, or related to, a claimed breach of this agreement, the professional services rendered by attorneys, or any other disagreement of any nature, type, or description, regardless of the facts or the legal theories which may be involved, including attorney malpractice, breach of fiduciary duty, misrepresentation, or conflict of interest, such dispute shall be resolved by confidential and binding arbitration upon the written request of one party after service of that request on the other party.

There are significant advantages and disadvantages of binding arbitration. The parties shall agree on an arbitrator with special skills and experience to hear and determine the dispute unlike in a court proceeding where a judge is assigned. If the parties cannot agree, then the Superior Court of Los Angeles County shall choose an impartial arbitrator whose decision shall be final and conclusive on all matters.

The parties shall each have the right of discovery in accordance with Co de of Civil Procedure Section 1283. Arbitrations conducted pursuant to this agreement permit the same discovery rights as in a court proceeding. Each party shall bear their own costs and attorney fees, including payments to the arbitrator which can be si gnificantly more costly than the filing fee in Court proceedings where costs may be awarded to the prevailing party. Each party to this agreement waives and therefore gives up important constitutional rights in arbitration as the arbitrator’s decision is final. There is no right to appeal to challenge any errors made in the arbitration DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B

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proceeding. Unlike court proceedings, arbitration proceedings are conducted privately and the outcome will remain confidential. There is no right to a trial by a judge or jury of one’s peers.

There is no limitation on the type of monetary damage that can be awarded by the arbitrator. The client is advised that the client has the right to have an independent lawyer of client’s choice review this arbitration provision.

If the above accurately reflects our mutual agreement, please confirm that by signing and returning a copy of this letter to me. Please do not hesitate to call me to discuss any questions you may have regarding this agreement. In addition, you have the right to consult other counsel to resolve your concerns. In conformance with the Firm’s policy, we cannot commence work upon this engagement until we have received a copy of this letter countersigned by you.

Thank you for giving us the opportunity to assist you with your legal matters. We look forward to working with you on this Matter.

Very truly yours,

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

Susana P. Solano
SPS:map

ACCEPTANCE AND CONSENT BY CLIENT
The undersigned is the Client or an authorized officer or agent of Client and has reviewed and hereby agrees and consents to the above terms and conditions of Client’s engagement of the Firm.

/ / /

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

CITY OF SAN BERNARDINO AND ATKINSON, ANDERSON, LOYA, RUUD & ROMO IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
City Manager

ATTESTED BY:

Genoveva Rocha, CMC
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT/LAW FIRM

__
Susana P. Solano,
Partner, Atkinson Andelson, Loya Ruud &
Romo

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 15, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve a Task Order with Rick Engineering Company for Navigation Center Civil Engineering Design Work for a
total amount not to exceed $250,000 (Ward 1)
Recommendation:

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

1. Approve the Task Order with Rick Engineering Company for the Navigation Center in the amount of $200,000 (Project); and

2. Authorize the Project design contingency costs for unforeseen conditions in the total amount of $50,000; and

3. Authorize the City Manager or designee to execute all documents with Rick Engineering Company; and

4. Authorize the City Manager to expend the contingency fund, if necessary, to complete the Project.

City Manager’s Comments:

The City Manager recommends approval. The $50,000 contingency will only be expended if items approved by the City Manager.

Executive Summary
The proposed Task Order with Rick Engineering Company will initiate the civil engineering design work for site improvements for the Navigation Center. The scope includes, but is not limited to, land surveying, site layout, grading plan, utility plan, water quality

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documents, and landscaping plan.

Once the design is completed, the City will be able to proceed with advertisement and construction of the Navigation Center site improvements. These improvements will prepare the site for the arrival of the modular buildings that will make up the Navigation Center facilities. The total proposed design cost and contingencies will be paid for by previously allocated Homeless Housing, Assistance and Prevention (HHAP) funds.

Background
The City of San Bernardino previously declared a Homeless State of Emergency in 2022 and recently renewed the emergency declaration. The city, through a variety of sources, has received $21,800,000 for the construction of a Homeless Navigation Center, to be located at the former School of Hope site, located at 796 East 6th Street within the City.

The Homeless Navigation Center is designed to provide emergency shelter and wrap- around services for the City’s homeless population.

The School of Hope site is a former active school site that provided a variety of services to special needs students from the mid-1980s to recently. The property was deemed no longer needed by the School District and was subsequently transferred to the City Municipal Water Department in 2022. The site formerly consisted of a u-shaped complex of classrooms and administrative buildings around a central internal courtyard area.

In 2022, the City, through the San Bernardino Municipal Water Department, contracted with L. Y. Environmental, Inc., of Redlands, California to conduct a comprehensive asbestos and lead base paint survey of the existing buildings as a precursor to demolition of the site. Two surveys were completed, and asbestos was identified in various locations within the building. During the demolishing the asbestos was removed and hauled away by the contractor to an authorized dumping site The City acquired the property from the Water Department in 2023 for use as the Navigation Center site.

On December 4th, 2024, the Mayor and City Council approved an agreement for Design Services and Purchase of Delivery of Good with Mandeville Modular in the amount of $10,093,027, including a 15% contingency budget. A Professional Services Agreement was also awarded to CREDE Construction Advisory in the amount of $1,091,148 for Development Management Services of the Navigation Center.

To expedite the completion of the Project, the existing complex of buildings at the former School of Hope site—where hazardous materials had been previously identified in a July 2022 report by L.Y. Environmental, Inc. was abated and fully demolished ahead of schedule as of July 21, 2025.

Discussion
Despite multiple extensions discussed during weekly coordination meetings, Mandeville Modulars has been unable to deliver the on-site civil improvement plans by the deadline previously established by the City. Therefore, the City has decided to proceed with the selection of on-call consultant to complete the designs necessary to prepare the Project site.

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On June 24, 2025, staff requested engineering design services proposals to construct site improvements for the Project. Staff reviewed the proposals for completeness. The lowest responsive proposal was from Rick Engineering Company.

List of Consultants (Original Proposals)
Rick Engineering Company Riverside, CA $192,200
IMEG Consulting Ontario, CA $199,540
Hernandez, Kroone & Associate (HKA) San Bernardino, CA $215,140 After a follow-up discussion between staff and Rick Engineering Company, revisions were made to the scope and fee to help ensure the Project needs are met. Staff recommend approving the Task Order to Rick Engineering Company to complete the engineering design for the Navigation center improvements
The scope of work includes, but is not limited to, the following:
 Research
 Boundary Survey and Analysis
 Existing Topography Check
 Supplemental Topography (As
Needed)
 Final Site Layout
 Precise Grading Plan
 6th Ave. Street Improvement
Plans
 Onsite Utility Plan
 IWater Net Analysis
 Concept Layout of WQ, Detention,
& Drainage
 Final Drainage Study
 Final Detention Analysis
 Final WQMP
 Final WR Report Processing
 SWPPP
 Plan Processing
 Meetings, Management, and
Coordination
 Specifications and Estimate
To complete this scope of work Staff recommend allocating available Measure S Fund balance for the proposed design services. The cost of the Task Order is $200,000. An additional $50,000 is also recommended for contingencies. The total design services cost is $250,000.
2021-2025 Strategic Targets and Goals
The project is consistent with Key Target No. 3a: Improved Quality of Life – reduce the burden of the unsheltered through engagement, collaboration, and partnerships with other entities.

Fiscal Impact
The total fiscal impact associated with this action is $250,000. The funding will be allocated from the available HHAP Fund balance.

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

1. Approve the Task Order with Rick Engineering Company for the Navigation Center in the amount of $200,000 (Project); and

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2. Authorize the Project design contingency costs for unforeseen conditions in the total amount of $50,000.

3. Authorize the City Manager or designee to execute all documents with Rick Engineering Company; and

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

Attachments
Attachment 1 Task Order with Rick Engineering Company
Attachment 2 Project Location
Ward:

First Ward
Synopsis of Previous Council Actions:

December 4, 2024 Award of Design Services and Purchase Agreement with Mandeville Modular for Site Design, Modular Design, and Purchase of Modular Units and Award of Professional Services Agreement with CREDE Construction Advisory for Development Management Services (Ward 1)
CC: Eric Levitt, City Manager

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Client name
Project Name
Proposal Date

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\\cp.rickeng.com\projects\C_RIV_G\16749\16749K_RO\2025\SB_Navigation Center\revised_2025_0703_agreement on-call list_task_order_4.docx

July 3, 2025
Revised September 4, 2025

Boules Ghaly, EIT
Public Works-Engineering Division
City of San Bernardino
210 N. E. Street, 2nd Floor
San Bernardino, CA

SUBJECT: TASK ORDER NUMBER 004 FOR ENGINEERING SERVICES

NAVIGATION CENTER
REC JOB #16749-K

Dear Boules,

As discussed, you would like Rick Engineering Company (RICK) to provide civil engineering services for the City of San Bernardino. The city is interested in constructing a homeless shelter campus on the former School of Hope Campus site with various modular buildings, various open space areas, drop off/delivery area, and driveway and parking area on an approximately 2.7 acres site.

It is understood that demolition operations of the existing structures are planned to be completed by mid-July 2025. It is anticipated that the minor frontage improvements along 6th Street will not require water quality treatment.

The scope of work is described in detail below.

SCOPE OF WORK
Rick Engineering Company “Consultant” agrees to perform the following listed services for the compensation stated below in Section IV:

Engineering Services
Research
Consultant will conduct research with the City of San Bernardino, County of San Bernardino, and other governing agencies for existing plans and maps of the adjacent area to be used for the design of the project. Fees required by the governing agencies for the existing plans/maps are not included with the scope and assumed to be paid by the client.

Consultant will prepare a CAD file based on the boundary survey described below showing the existing utilities discovered in the research.

Boundary Survey and Analysis
Consultant will research and obtain record mapping for street centerlines and right

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Boules Ghaly-City of San Bernardino
Navigation Center Task Order Number 004
July 3, 2025; Revised September 4, 2025

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of ways in question. Consultant will prepare a field centerline survey of the project parcels in question and search for and field survey existing street and boundary monumentation. Note that the use and reliance of existing monuments of record is required to complete this task. If monuments of record do not exist in the field, this item will require a contract change order for an additional scope and fee. Consultant will analyze field located monuments compared with the record mapping and complete a boundary analysis with adjacent public right of ways. The limits for the boundary will be a portion of Lot 4 and a portion of Lot 5 of MB 7/2, APN 278-191- 30, along with the adjoining public road right of way of Sixth street. Shown right of way will be per available record mapping. Note that the use and reliance of existing monuments of record is required to complete this task, if monuments of record do not exist in the field, this item will be subject to additional costs to be billed per the attached Schedule of Hourly Rates.

Consultant will r eview a current preliminary title report (less than 60 days old) provided by the client and show any plottable existing easements.

Existing Topography Check
Consultant will perform a topographic horizontal and vertical check of the project site, based on an existing topographic survey with horizontal and vertical control completed by GPSI in June 2023, to assure the accuracy of said topography.

There will be a State Plane Basis of Bearings based on said GPSI Survey. The Vertical values will be NAVD 88, benchmark data as mentioned on GPSI Survey.

The above-described Boundary and existing topographic mapping will be delivered at a 1” =40’ scale at a 1’ contour interval in a CAD format All field work is assumed to be at prevailing wage.

Supplemental Topography (As Needed)
Consultant will perform additional field topographic survey, as requested by client.

Topography will be cross sections on the adjoining Sixth Street . Topography will also locate any observable utilities. Additionally topographic survey for the purpose for designing a Fire Access road, will be limited to an approximate 50 foot strip with 25 foot cross sections, starting firstly along the northerly side of 6th street approximately 450 feet westerly from the intersection of said 6th street and Pedley Road and then proceeding westerly for approximately 290 feet, thence northerly for approximately 575 feet.

All field work is assumed to be at prevailing wage.

Final Site Layout
Consultant will prepare a Final Site Layout based on the Preliminary Site Plan provided by the Client titled “ Mandeville Modular - SB Hope Campus - Site Conceptual Plan #3”. Consultant will coordinate with the client/client’s consultant

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July 3, 2025; Revised September 4, 2025

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on the site plan for site/building layout and generate an engineering site layout based on the client’s provided CAD base. Scope assumes one (1) review by Client with minor revisions only. Upon site layout approval from the Client the Plot Plan will be prepared following the City of San Bernardino requirements. The Plot Plan will identify property information, dimensions to project features, existing features, setbacks, site circulation, utility appurtenances, areas designated for preservation or protection, and location of proposed BMP’s. The plan will include cross sections of the site. The plan will be prepared at a scale no less than 1”=100’. Scope assumes only minor site revisions from the City of San Bernardino plan review process. At this time scope assumes that the proposed site improvements follow current land use and zoning requirements and that no zone change or general plan amendment are required.

Scope assumes this will only be utilized as a basis for the Precise Grading Plan and Onsite Utility Plan and that this is not a plan that will be submitted for formal review and approval by the city.

Precise Grading Plan
Consultant will prepare one (1) set of Precise Grading Plans for the site. Precise grading will be based on the Plot Plan in scope above. Revisions to the site plan/Plot Plan may require additional scope and fee. Scope includes calculations for preliminary earthwork quantities. Plan to be at a scale of 1"=10' or 1”=20’ and include rough grade undercut sections as necessary and includes the following:
• Identify existing, approved or proposed site improvements, including sewer and water laterals, fire hydrants and other above -grade facilities; dry utility stub-outs, pull -boxes, handholes and vaults; storm drain inlet structures; streetlights; existing wal ls, monuments or permanent improvements, dimensioned walks, stoops, drives and handicap ramps.
• Curb, curb and gutter and valley gutters for all onsite drives and parking areas.
• Building plotting.
• Pad elevation and finished floor elevations.
• Drainage by swales with elevations or swales and area drains where necessary. It is assumed that there is no storm drain on 6th Street to tie into.

Assuming area drains will drain to proposed water quality BMP. • Required backwater (sewer) valves (if necessary).
• Retaining walls as necessary, shown in horizontal and vertical location only.

Structural calculations are to be prepared by others.
• Deepened footing where required.
• Horizontal Control Sheet.
• Minor offsite street improvements (within street right of way) including reconstruction of sidewalk and driveway.
• Access road on adjacent city site to the west. (approx.. 550 LF) • Prepare cover page containing the following information, plus any other information required by the governing jurisdiction.
▪ Vicinity Map

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July 3, 2025; Revised September 4, 2025

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▪ Site Map
▪ Typical Building Footprints
▪ Legend
▪ Grading notes conforming to governing jurisdiction standards ▪ Owner/Builder identification
▪ Title Block

Scope does not cover plan revisions based on unforeseeable project changes or agency changes outside of their standards.

The work product is approved plans and a 2D model. If a 3D model is requested by client/client’s contractor for construction purposes, additional scope and fee may be necessary.

Scope includes 85% and 100% submittal to public works . Specifications will be included and are part of a separate scope item below.

6th Ave. Street Improvement Plans
Consultant will prepare a street improvement plan for 6 th Ave. along the project frontage of the Navigation center site for approximately 300 LF. Improvements will include the driveway approach to the proposal access road that is just west of the Navigation Center on the park site. Improvements are from center line to right of way on the north side of the street. Plans will include plan and profile. Profile will show existing centerline and the new/proposed curb that will replace the old curb.

Scope assumes that the existing slope of the street and gutter will remain the same.

Scope does not include any relocation of existing utilities. Plans will call out found aboveground appurtenances and will propose to protect in place or adjust to vertical grade if needed.

Scope includes 85% and 100% submittal to public works. Specifications per separate scope item below.

Onsite Utility Plan
Consultant will prepare one (1) set of plans for the onsite private sewer, domestic water, fire water, and drainage systems. Plans will be set at a scale of 1”=40’ or 1”=20’ and include plan view only. Scope assumes existing public water mains are adequate size to serve the project. The plan will extend one (1) water and sewer service to each of the buildings to within 5’ of the building for connection to the building water/sewer system by others. Sizing of lines is assumed to be per Client’s plumbing/mechanical engineer . Scope assumes onsite storm drain will be area drains that will drain toward the proposed water quality BMPs and that there is no existing storm drain on 6 th Street that we can tie into. It is assumed that there will not be an outlet to the street and therefore no street improvements within existing right of way are necessary for the storm drain.

Scope does not include any water net analysis or sewer study for the project site.

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Boules Ghaly-City of San Bernardino
Navigation Center Task Order Number 004
July 3, 2025; Revised September 4, 2025

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Mayor and City CouncilOctober 15, 2025

Mayor and City Council
October 15, 2025