Agenda packet — Mayor and City Council, March 4, 2026 (part 2 of 2)

VENDOR QUOTE FORM
VENDOR NAME: PHONE:

ADDRESS:

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

FINANCIAL AUDITING SERVICES RFP F-25-1029
The undersigned, hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Vendor Pri ce Quote for the ELECTRONICALLY SUBMITTED TOTAL VENDOR QUOTE PRICE.

Proposed Costs for the Fiscal Year ending June 30th
ITEM NO. DESCRIPTION 2026 2027 2028 2029 2030
1 City Audit & Financial Statements
(excludes preparation of ACFR)
2 Management Letter (included in item no. 1)
3 Single Audit (per major program)
4 Appropriations Limit Calc

TOTAL VENDOR QUOTE
Should the proposer be requested to perform additional finance related services, please list the proposed positions and hourly rate:

PERSONNEL SPECIFY TITLE & POSITION ASSIGNED HOURLY RATE Audit Partner (or similar)
Audit Manager (or similar)
Auditor (or similar)
Staff Associate (or similar)
I hereby declare under penalty of perjury that the foregoing is true and correct.

SUBMITTED BY: TITLE: ____
(Authorized Representative Signature)
PRINT NAME: CONTRACTOR LICENSE NO: __ __
(If Applicable)
CLASSIFICATION: DIR REGISTRATION NO: __ _
Eadie and Payne, LLP
3880 Lemon St., Suite 300, Riverside, CA 92501
951-241-7800
$91,250
10,000
102,250
Other Services
1,000
- - - - -
$93,990
10,300
105,320
1,030
$96,810
10,610
108,480
1,060
$99,710
10,930
111,730
1,090
$102,700
11,260
115,080
1,120
$4,510
5,000
$4,650
5,150
$4,790
5,300
$4,930
5,460
$5,080
5,620
We will provide an additional 20 hours of complimentary staff training and technical assistance throughout the year. 3,000
17,510
5,000
3,090
18,040
5,150
3,180
18,570
5,300
3,280
19,130
5,460
3,380
19,700
ITEM NO. DESCRIPTION 2026 2027 2028 2029 2030
1 Measure S Agreed Upon Procedures
2 City's SCO Report
3 PFA's SCO Report
4 City's Streets Report
TOTAL
5,620

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CITY OF SAN BERNARDINO | 27

FEE PROPOSAL

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VENDOR QUOTE FORM
VENDOR NAME: PHONE:

ADDRESS:

TOTAL VENDOR QUOTE
Should the proposer be requested to perform additional finance related services, please list the proposed positions and hourly rate:

SUBMITTED BY: TITLE: ____
(Authorized Representative Signature)
PRINT NAME: CONTRACTOR LICENSE NO: __ __
(If Applicable)
CLASSIFICATION: DIR REGISTRATION NO: __ _

Page 23 of 42 ends

VENDOR QUOTE FORM
VENDOR NAME: PHONE:

ADDRESS:

TOTAL VENDOR QUOTE
Should the proposer be requested to perform additional finance related services, please list the proposed positions and hourly rate:

SUBMITTED BY: TITLE: ____
(Authorized Representative Signature)
PRINT NAME: CONTRACTOR LICENSE NO: __ __
(If Applicable)
CLASSIFICATION: DIR REGISTRATION NO: __ _
Engagement Partner/ Technical Reviewer
Senior Manager
Senior Auditor / In-Charge
Staff
Clerical Staff
300
250
125
110
75 $

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VENDOR QUOTE FORM
VENDOR NAME: PHONE:

ADDRESS:

TOTAL VENDOR QUOTE
Should the proposer be requested to perform additional finance related services, please list the proposed positions and hourly rate:

SUBMITTED BY: TITLE: ____
(Authorized Representative Signature)
PRINT NAME: CONTRACTOR LICENSE NO: __ __
(If Applicable)
CLASSIFICATION: DIR REGISTRATION NO: __ _
Partner
Eden C. Casareno

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VENDOR QUOTE FORM
VENDOR NAME: PHONE:

ADDRESS:

TOTAL VENDOR QUOTE
Should the proposer be requested to perform additional finance related services, please list the proposed positions and hourly rate:

SUBMITTED BY: TITLE: ____
(Authorized Representative Signature)
PRINT NAME: CONTRACTOR LICENSE NO: __ __
(If Applicable)
CLASSIFICATION: DIR REGISTRATION NO: __ _
Other

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CITY OF SAN BERNARDINO | 28

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ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
VENDOR NAME: PHONE:

ADDRESS:

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

MINIMUM INSURANCE REQUIREMENTS
FINANCIAL AUDITING SERVICES RFP F-25-1029

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

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

INSURANCE
Eadie and Payne, LLP
3880 Lemon St., Suite 300, Riverside, CA 92501
951-241-7800
June 20, 2025
PartnerEden C. Casareno

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CITY OF SAN BERNARDINO | 29

LITIGATION
None.

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CITY OF SAN BERNARDINO | 30

OTHER INFORMATION
Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget
EadiePayne has a longstanding reputation for delivering high-quality audit and tax services on time and within budget. Our internal workflow systems allow us to efficiently assign tasks based on staff specialization, ensuring each phase of the engagement is completed without delay. For example, in our multi-year engagement with the City of Oxnard, we consistently met all reporting deadlines while staying under budget by utilizing proactive planning.

Description of community involvement
EadiePayne is deeply committed to supporting the Inland Empire community. Our team members regularly participate in local volunteer initiatives, student mentorship programs, and university “Meet the Firm” events at institutions such as Cal Baptist, UCR, and Cal Poly Pomona. We are also actively involved in community service efforts, including Inland Action advocacy initiatives, Feeding America food drives and the Keep Riverside Clean and Beautiful program through the Greater Riverside Chambers of Commerce.

Description of any previous involvement with the City
EadiePayne previously assisted the City of San Bernardino’s auditor by providing audit and related services to the City’s successor agency during the dissolution of its former redevelopment agency.

This engagement gave us direct experience supporting the City during a critical transitional period and enhanced our familiarity with its financial reporting environment and internal processes.

A statement that the Proposer has no conflicts of interest in connection with providing the Services
EadiePayne has no conflict of interest in providing this service to City of San Bernardino. We agree to give the City written notice of any professional relationships entered into during the period of this agreement that could constitute a conflict of interest.

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CITY OF SAN BERNARDINO | 31

CERTIFICATION OF PROPOSAL
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.

Eden C. Casareno
Engagement Partner / Partner-in-Charge of Attest
Office Phone: (951) 241-7805
Email: [email protected]

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CITY OF SAN BERNARDINO | 32
Our peer review letter dated October 7, 2022 expressed an opinion that the system for quality control for the auditing practice of EadiePayne met the objectives established by the AICPA. The quality control review included a review of specific governmental audit engagements performed under Government Auditing Standards and the Single Audit Act.

The firm is undergoing peer review in July 2025 and anticipate that the peer review report will be issued in August 2025.

The firm has had no federal or state desk reviews or field reviews of its audits during the past three (3) years. Neither had the firm any disciplinary action taken or pending against it during the past three (3) years with state regulatory bodies or professional organizations.

PEER REVIEW

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CITY OF SAN BERNARDINO | 33

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CITY OF SAN BERNARDINO | 34
STATEMENT OF “NO DEVIATIONS FROM RFP”
In the submission of this proposal in response to the Request for Proposal (RFP), EadiePayne hereby certifies that it acknowledges and accepts all terms and conditions outlined in the RFP, including the Agreement. EadiePayne affirms that no exceptions or deviations have been taken, and in the absence of any such exceptions, explicitly states its adherence to all terms and conditions, including those related to insurance and indemnification as detailed in the proposed Agreement.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 4, 2026
To: Honorable Mayor and City Council Members
From: C. Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Approve Amendment No. 1 to the Professional Services Agreement with Hinderliter, De Llamas & Associates for
Sales and Use Transaction Tax Auditing Services,
Including Measure S District Tax, Extending the Term
Through June 30, 2030, Increasing the Not-to-Exceed
Amount by $250,000 for a New Total Contract Amount Not
to Exceed $275,500 (All Wards)
Recommendation:

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

1. Approve Amendment No. 1 to the Professional Services Agreement with Hinderliter, De Llamas & Associates for Professional Auditing Services related to the City's Sales and Use Transaction Tax, including the Measure S District Tax, extending the agreement term through June 30, 2030; and

2. Increase the original contract not-to-exceed amount by $250,000, resulting in a new total contract amount not to exceed $275,500; and

3. Authorize the City Manager or designee to execute the amendment.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
Approval of Amendment No. 1 extends the City’s existing agreement with Hinderliter, De Llamas & Associates (HdL) for continued allocation audits and recoveries with the California Department of Tax and Fee Administration (CDTFA), quarterly and annual forecasting, database and reporting tools, and Measure S monitoring.

The amendment extends the term through June 30, 2030, and increases the contract

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amount by $250,000 over five (5) years, establishing a new total not-to-exceed contract amount of $275,500, inclusive of the original agreement amount of $25,500.

These services support accurate revenue allocation, ongoing audit recovery efforts, and informed fiscal planning. Funding for this amendment is available within the General Fund and will be incorporated into annual budget appropriations.

Background
On April 7, 2021, the Mayor and City Council approved a portfolio of revenue audit and recovery agreements via Resolutions 2021-73, 2021-74, 2021-75, and 2021-76. Under Resolution 2021-75, the City executed an agreement with HdL for sales tax analysis and audit services. Concurrently, Resolution 2021-76 authorized the examination of transactions and use tax records from CDTFA, which is required by law to permit contracted consultants to access confidential taxpayer data (Rev. & Tax. Code §7056).

Those actions followed an RFP issued September 3, 2020, and established HdL as the City’s specialist for sales/use and district (Measure S) tax audits, allocation corrections, and forecasting. Since that time, HdL has provided ongoing audit, recovery, and reporting support that enhances revenue compliance and informs budget development.

Discussion
Amendment No. 1 continues the City’s existing relationship with HdL by formalizing a defined term through June 30, 2030, to ensure uninterrupted sales, use, and Measure S transaction tax auditing, analysis, and reporting services. The original agreement provided that the term would continue through completion of services as described in Exhibit “A”, without a specific end date. To provide administrative clarity and establish a defined multi-year term aligned with the City’s fiscal planning cycle, the amendment sets an effective date of July 1, 2025, and extends the agreement through June 30, 2030. HdL has continued providing services without interruption, and sufficient budget authority exists within the General Fund to support those services.

Amendment No. 1 modifies the existing Professional Services Agreement as follows:
Extends the agreement term through June 30, 2030, to ensure continuity of sales, use, and Measure S transaction tax auditing and analytical services. Increases the contract amount by $250,000 for the five-year extension period. Establishes a new total contract amount not to exceed $275,500, inclusive of the original $25,500 agreement amount.

All other terms and conditions of the original agreement remain unchanged. 2021-2025 Strategic Targets and Goals
Approval of a Professional Agreement with Hinderliter, De Llamas & Associates aligns with Goal 1. Improved Operational and Financial Capacity.

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Fiscal Impact
The agreement includes a fixed monthly fee of $1,007.52, invoiced quarterly and subject to annual CPI adjustment, plus contingent audit recovery fees equal to 15% of new Bradley-Burns revenues and 25% of new Measure S revenues attributable to the Consultant’s work. Total compensation under the agreement is subject to a not-to- exceed amount of $275,500 over the five-year term. Funding for FY 2025/26 is available in the General Fund within existing appropriations.

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

2. Increase the original contract not-to-exceed amount by $250,000, resulting in a new total contract amount not to exceed $275,500; and

3. Authorize the City Manager or designee to execute the amendment.

Attachments
Attachment 1 Professional Services Agreement with Hinderliter, de Llamas & Associates (HdL), including Exhibit A (Scope of Services and Schedule of Charges)
Attachment 2 Amendment No. 1 to the Professional Services Agreement with Hinderliter, de Llamas & Associates
Ward:

All Wards
Synopsis of Previous Council Actions:

April 7, 2021 The Mayor and City Council adopted Resolution No. 2021-75 authorizing the execution of a Professional Services
Agreement with Hinderliter, De Llamas & Associates for
sales and use tax auditing and analysis services.

April 7, 2021 The Mayor and City Council adopted Resolution No. 2021-76 authorizing examination of transactions and use tax records from the California Department of Tax and Fee
Administration.

CC: Eric Levitt, City Manager

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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

WITH HINDERLITER, DE LLAMAS & ASSOCIATES

This Amendment No. 1 to the Professional Services 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 (“City”) and Hinderliter, de Llamas & Associates, a California Limited Liability Company (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated April 7, 2021, for the purpose of providing Professional Auditing Services related to the City’s Sale and Use Transaction Tax, including Measure S District Tax (the “Original Agreement”).

B. WHEREAS, the Parties now desire to amend the Original Agreement in order to extend the term of the Original Agreement through June 30, 2030 and establishes a total not -to-exceed compensation amount of $275,500 for the continued performance of the services. in accordance with the compensation provisions of the Original Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Term. The term of the Original Agreement shall be extended for an additional term of five (5) years through June 30, 2030, unless earlier terminated.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed two hundred fifty thousand dollars ($250,000), thereby increasing the total not to exceed compensation of the Original Agreement to the amount of two hundred seventy five thousand five hundred dollars ($275,500). Work shall be performed at the rates set forth in the Original Agreement.

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

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5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE [PROFESSIONAL SERVICES] AGREEMENT

WITH HINDERLITER, DE LLAMAS & ASSOCIATES

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Hinderliter, De Llamas & Associates

Andrew Nickerson
President

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 4, 2026
To: Honorable Mayor and City Council Members
From: C. Jeannie Fortune, Interim Director of Finance & Management Services
Department: Finance & Management Services
Subject: Ratify the No-Cost Extension Amendment No. 2 to the Agreement with the Board of State Community
Corrections (BSCC) for the California Violence
Intervention Program Cycle 4 Grant (Cal VIP 4) (All Wards) Recommendation:

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

1. Ratify the No-Cost Extension Amendment No. 2 to the Agreement with the Board of State Community Corrections (BSCC) for the California Violence Intervention Program Cycle 4 Grant; and

2. Authorize the City Manager, or designee, to take any further actions to execute amendments or documents as necessary, including minor and substantive changes, after review by the City Attorney, as necessary to effectuate the implementation of the community violence intervention program services with Subrecipients Young Visionaries Youth Leadership Academy and Operation New Hope.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
On September 21, 2022, the Mayor and City Council approved a grant award in the amount of $3,800,000 from the Board of State Community Corrections (BSCC) for the California Violence Intervention Program Cycle 4 (Cal VIP 4) for a grant term of July 1, 2022, through December 31, 2025. On January 15, 2025, the Mayor and City Council approved Amendment No. 1 to the agreement between the City and the BSCC to reduce the grant agreement amount $1,896,729.09 and to extend the period of performance through June 30, 2026. Now, a second amendment for a six-month no-

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cost extension ending December 31, 2026, of the CalVIP 4 grant is necessary to allow the granting agency sufficient time to complete its review and award process for the CalVIP Cycle 5 grant program. This extension will ensure continuity of violence intervention and prevention services currently funded under CalVIP 4 and prevent a disruption in program operations while funding decisions for the next grant cycle are being finalized. Approval of this extension will allow the City to maintain critical services without interruption and ensure a seamless transition between grant cycles.

Background
In July 2022, the City of San Bernardino was awarded funding under CalVIP 4, administered by the BSCC. The purpose of the CalVIP program is to support community-based violence intervention and prevention strategies that reduce firearm violence and improve public safety outcomes. The grant supports evidence-based programming focused on individuals and communities at highest risk of violence, including but not limited to outreach, case management, supportive services, and coordination with community-based partners. The original grant term was scheduled to conclude on December 31, 2025, and the City received an extension to June 30, 2026. Due to administrative needs and implementation timelines, the BSCC provided an additional 6-month no-cost extension ending December 31, 2026, to avoid any gaps in services between Cal VIP 4 and 5 cycles.

Discussion
The BSCC released the Cal VIP 5 grant with a deadline to apply by August 18, 2025, and an anticipated award announcement by late November 2025. While funding decisions remain pending, the BSCC approved a six-month no-cost extension for existing Cal VIP 4 programs as an interim measure to prevent service disruptions. The BSCC intends to announce Cal VIP 5 awards between March 1 and June 30, 2026.

The amendment includes contingent provisions that will apply only if the City elects to accept a Cal VIP 5 award if decisions are made on or before March 1. If accepted, the current program would conclude on March 31, 2026, with administrative closeout completed by September 30, 2026. Due to the BSCC requiring an expedited execution of the grant amendment, staff request that the Mayor and City Council ratify the grant amendment to continue project deliverables and avoid gaps in services. Subrecipients have been approved to continue services while amendments to execute sub- agreements are in process.
2021-2025 Strategic Targets and Goals
This project aligns with Goal No. 3: Improved Quality of Life by enhancing community health, safety, and resilience through proactive planning for extreme heat. By developing strategies that improve shade, cooling, and urban design, the project supports a safer, more comfortable, and sustainable environment for all residents.

Fiscal Impact
There is no General Fund impact associated with this item.

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

1. Ratify the No-Cost Extension Amendment No. 2 to the Agreement with the Board of State Community Corrections (BSCC) for the California Violence Intervention Program Cycle 4 Grant; and

Attachments
Attachment 1 – Cal VIP4 Fully Executed Amendment
Attachment 2 – City of San Bernardino- CALVIP-BSCC 857-22-A1 Attachment 3 – CalVIP-4 Fully Executed Standard Agreement Ward:

All Wards
Synopsis of Previous Council Actions:

January 15, 2024 The Council adopted Resolution No 2025-021 authorizing the City Manager execute Amendment No. 1 to the agreement
and budget (reduced to $1.89M) with the BSCC along with approval to terminate a PSA with Victory Outreach San
Bernardino, and approval to execute a subrecipient
agreement with Young Visionaries, and PSAs with The
Connie Rice Institute for Urban Peace, Loma Linda Institute for Community Partnerships, and reallocate $104,969.41 in ARPA funds from Victory Outreach to Operation New Hope
($54,390.53) and Young Visionaries ($50,578.88).

October 2, 2024 The Council approved motion to reallocate $250k ARPA funding allocated to the VIP program to street segment
repair.

September 21, 2022 The Council adopted Resolution No. 22-203 authorizing the City Manager to receive and administer the BSCC Grant
award of $3.8M, authorizing the City Manager to execute a fourth (4th) amendment to an agreement with Victory
Outreach, and authorizing the Agency Director of
Administrative Services to amend the FY 2022/2023 adopted budget revenue and expenditures by $3.8M.

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June 1, 2022 The Council approved ARPA PSA contracts for Young Visionaries, Victory Outreach, and Operation New Hope.

October 6, 2021 The Council approved motion to allocate $1M of APRA funds and release an RFP to secure three (3) additional vendors.

CC: Eric Levitt, City Manager

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STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES SCO ID· 5227-BSCC857-22-A2

STANDARD AGREEMENT AGREEMENT NUMBER AMENDMENT NUMBER
STD 213A (Rev. 07/2019)
BSCC 857-22 2
� CHECK HERE IF ADDITIONAL PAGES ARE A TT ACHED

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTOR NAME

CITY OF SAN BERNARDINO

2. The term of this Agreement is:

START DATE
JULY 1, 2022

THROUGH END DATE
DECEMBER 31, 2026

3. The maximum amount of this Agreement after this Amendment is:
$3,800,000.00
Purchase Authority Number

4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorpora ted herein:

This amendment is the second extension of the grant agreement, extending the term by an additional six months and changing the end date from June 30, 2026 to December 31, 2026. This amendment also includes contingent provisions that only apply if the Grantee elects to accept a California Violence Intervention and Prevention Cohort 5 award.

Exhibit A: Scope of Work, Item 5. Progress Reports and Evaluations is amended by replacing the prior schedule with the attached Exhibit A; Scope of Work, Item 5. Reporting Requirements, and adding Item 9. Cohort 5 Contingent Provision.

Exhibit B: Budget Detail and Payment Provisions is amended by replacing the prior Exhibit B, Item 1. Statement of Expenditures and Payments with the attached Exhibit B, Item 1. Invoicing and Payments, and adding Item 9. Cohort 5 Contingent Provision.

All other terms and conditions shall remain the same.

IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

CITY OF SAN BERNARDINO

CONTRACTOR BUSINESS ADDRESS
290 North D Street

PRINTED NAME OF PERSON SIGNING

ERIC LEVIT
:NTR
1 1 \UTH �IZED SIGNATURE
I" . �
yv

CONTRACTING AGENCY

CONTRACT -JG AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTING AGENCY ADDRESS
2590 Venture Oaks Way, Ste 200

PRINTED NAME OF PERSON SIGNING

COLLEEN CURTIN

CONTRACTING AGENCY AUTHORIZED SIGNATURE
,RS
CITY
San Bernardino
TITLE
City Manager

DATE SIGNED
\�-\lo-� s
CITY
Sacramento
TITLE
Deputy Director

DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06 I
STATE
I
ZIP
CA 92401
I
STATE
I
ZIP
CA 95833
12/18/2025

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STATE OF CALIFORNIA – DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC857-22-A1 STANDARD AGREEMENT AGREEMENT NUMBER AMENDMENT NUMBER Purchase Authority Number STD 213A (Rev. 07/2019)
☒ CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED BSCC 857-22 1

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTOR NAME

CITY OF SAN BERNARDINO

2. The term of this Agreement is:

START DATE
JULY 1, 2022

THROUGH END DATE
JUNE 30, 2026

3. The maximum amount of this Agreement after this Amendment is:
$ 3,800,000.00

4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:

This amendment adds six months to the term of the grant agreement. The new end date is June 30, 2026 Exhibit A: Scope of Work, Item 5. Progress Reports and Evaluations is amended by replacing the prior schedule with the attached Exhibit A; Scope of Work, Item 5. Reporting Requirements.

Exhibit B: Budget Detail and Payment Provisions is amended by replacing the prior Exhibit B, Item 1.

Statement of Expenditures and Payments with the attached Exhibit B, Item 1. Invoicing and Payments.

All other terms and conditions shall remain the same.

IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)

CITY OF SAN BERNARDINO

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
290 North D Street San Bernardino CA 92401

PRINTED NAME OF PERSON SIGNING TITLE
ROCHELLE CLAYTON Acting City Manager

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
Jan 22, 2025 
Rochelle Clayton (Jan 22, 2025 22:39 PST)

CONTRACTING AGENCY

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Ste 200 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06 Colleen Curtin
Digitally signed by Colleen Curtin
Date: 2025.03.17 09:08:49 -07'00'

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CITY OF SAN BERNARDINO
857-22

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EXHIBIT A
Scope of Work

5. Reporting Requirements
Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule:

Quarterly Progress Report Periods Due no later than:

1. July 1, 2022 to September 30, 2022 November 15, 2022

2. October 1, 2022 to December 31, 2022 February 15, 2023

3. January 1, 2023 to March 31, 2023 May 15, 2023

4. April 1, 2023 to June 30, 2023 August 15, 2023

5. July 1, 2023 to September 30, 2023 November 15, 2023

6. October 1, 2023 to December 31, 2023 February 15, 2024

7. January 1, 2024 to March 31, 2024 May 15, 2024

8. April 1, 2024 to June 30, 2024 August 15, 2024

9. July 1, 2024 to September 30, 2024 November 15, 2024

10. October 1, 2024 to December 31, 2024 February 15, 2025

11. January 1, 2025 to March 31, 2025 May 15, 2025

12. April 1, 2025 to June 30, 2025 August 15, 2025

13. July 1, 2025 to September 30, 2025 November 15, 2025

14. October 1, 2025 to December 31, 2025 February 15, 2026

B. Evaluation Documents Due no later than:

1. Local Evaluation Plan January 3, 2023

2. Final Local Evaluation Report June 30, 2026

C. Other Due no later than:

Financial Audit Report June 30, 2026

EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONs

1. Invoicing and Payments
A. Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures claimed for the invoicing period Quarterly Invoicing Periods: Due no later than:

1. July 1, 2022 to September 30, 2022 November 15, 2022

2. October 1, 2022 to December 31, 2022 February 15, 2023

3. January 1, 2023 to March 31, 2023 May 15, 2023

4. April 1, 2023 to June 30, 2023 August 15, 2023

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CITY OF SAN BERNARDINO
857-22

Page 2 of 2 ends

5. July 1, 2023 to September 30, 2023 November 15, 2023

6. October 1, 2023 to December 31, 2023 February 15, 2024

7. January 1, 2024 to March 31, 2024 May 15, 2024

8. April 1, 2024 to June 30, 2024 August 15, 2024

9. July 1, 2024 to September 30, 2024 November 15, 2024

10. October 1, 2024 to December 31, 2024 February 15, 2025

11. January 1, 2025 to March 31, 2025 May 15, 2025

12. April 1, 2025 to June 30, 2025 August 15, 2025

13. July 1, 2025 to September 30, 2025 November 15, 2025

14. October 1, 2025 to December 31, 2025 February 15, 2026 Final Invoicing Periods*: Due no later than:

May 15, 2026 15. January 1, 2026 to March 31, 2026

16. April 1, 2026 to June 30, 2026 August 15, 2026
B. All project expenditures (excluding costs associated with the completion of the Final Local Evaluation Report) and all obligated match contributions must be incurred by the end of the grant project period, December 31, 2025, and included on the invoice due February 15, 2026. Project expenditures and match dollars incurred after December 31, 2025 will not be reimbursed/eligible for contribution.

C. The Final Local Evaluation Report is due to BSCC by June 30, 2026. Expenditures incurred solely for the completion of the Final Local Evaluation Report will be reimbursed for the close-out period of January 1, 2026 through June 30, 2026 and must be submitted on the last invoice, due Au gust 15, 2026. All fiscal supporting documentation for the Final Local Evaluation Report expenditures must be submitted to the BSCC with this final invoice.

D. An invoice is due to the BSCC even if grant funds are not expended or requested during the reporting period.

E. Supporting documentation must be submitted for expenditures upon BSCC’s request. All supporting documentation must be maintained by the grantee on site and be readily available for review during BSCC site visits.

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Created:

By:

Status:
2025-01-22
Angelica Orozco ([email protected])
Signed
Transaction ID:

CBJCHBCAABAAATCeswqJ560z5iqg3O5lPIQ-4jU2FXLb
City of San Bernardino- CALVIP-BSCC 857-22-
A1 (002)
Final Audit Report 2025-01-23

"City of San Bernardino- CALVIP-BSCC 857-22-A1 (002)" Histor y
Document created by Angelica Orozco ([email protected]) 2025-01-22 - 7:05:30 PM GMT

Document emailed to [email protected] for signature 2025-01-22 - 7:06:48 PM GMT

Email viewed by [email protected]
2025-01-23 - 6:38:09 AM GMT

Signer [email protected] entered name at signing as Rochelle Clayton 2025-01-23 - 6:39:24 AM GMT

Document e-signed by Rochelle Clayton ([email protected]) Signature Date: 2025-01-23 - 6:39:26 AM GMT - Time Source: server

Agreement completed.
2025-01-23 - 6:39:26 AM GMT

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 4, 2026
To: Honorable Mayor and City Council Members
From: Andrea Russell, Director of Human Resources
Department: Human Resources
Subject: Annual Renewal Of The City's Property Insurance For FY 2026/27 In An Amount Not To Exceed $2,540,000
(All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the annual renewal of the City’s property insurance for a premium not to exceed $2,540,000 for the term beginning April 1, 2026, and ending March 31, 2027; and authorizing the City Manager to execute all related documentation.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
Approving the City’s annual property insurance renewal for fiscal year 2026/27 to cover direct physical loss or damage to City property. Coverage includes commercial property, flood, earthquake, auto physical damage, and terrorism & sabotage. Due to the timing of the renewal which commences April 1, 2026, the FY 25/26 Operating Budget includes funding to support expenditures in the current fiscal year (3 months).

The FY 26/27 Operating Budget will include funding for the remaining 9 months.

Background
The City of San Bernardino has a pooled membership within Public Risk Innovation, Solutions, and Management (PRISM) property program. Members within a pooled insurance plan typically experience lower rate increases year over year as opposed to stand-alone coverage. PRISM seeks quotes from both domestic and international markets in order to fill all the program insurance needs; therefore, it is a very intensive marketing process each year due to the size of the program and the number of carriers involved. Once the final quote is selected, PRISM then works internally with actuaries and underwriters to determine the premium allocation of each member based on their individual loss experience and exposure information.

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Discussion
The City purchases commercial property insurance to cover direct physical loss or damage to City property caused by or resulting from a covered cause of loss.

Member rates for 2026 are slightly increasing. The degree of rate increase to each individual member varies within an established range dependent upon claims experience, however, most members will experience up to a 10% increase. Member allocation also considers the unique exposures of each entity including the types of property being insured and exposure to natural catastrophes.

The City's not to exceed premium of $2,540,000 represents a 2.5% increase over last year's not to exceed premium amount of $2,478,000. Below is a breakdown of each type of coverage included in the renewal, through Alliant, with PRISM for the term beginning April 1, 2026, through March 31, 2027.

Commercial Property
The City purchases commercial property insurance to cover direct damage to City property. The policy through PRISM provides a $300,000,000 limit per occurrence with a $100,000 deductible.

Flood
The City purchases flood insurance to cover direct physical loss of or damage to City property caused by or resulting from a flood. The policy through PRISM provides a $200,000,000 limit with a $25,000 deductible.

Earthquake
The City purchases earthquake insurance to cover direct physical loss of or damage to City property caused by or resulting from an earthquake. The policy through PRISM provides a $100,000,000 limit with a $100,000 deductible minimum, or 5% of the total value of the building.

Auto Physical Damage
The City purchases auto physical damage insurance to cover City-owned vehicles against perils such as collision, vandalism, fire and theft. The policy through PRISM provides a replacement cost value or actual cash value of vehicles with a $10,000 deductible.

Terrorism and Sabotage
The City purchases terrorism and sabotage insurance for property damage and business interruption coverage in the event of a terrorist attack. The policy through PRISM provides a $750,000,000 limit with a $100,000 deductible. 2021-2025 Strategic Targets and Goals
Approving the renewal of the City’s property insurance policy aligns with Key Target No. 1b: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Commercial property insurance protects the City and mitigates risk by covering direct physical loss or damage to City property.

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Fiscal Impact
The FY 2025/26 Operating Budget includes funding to support expenditures in the current fiscal year. The policy term is April 1, 2026, through March 31, 2027, for a not to exceed premium of $2,540,000. The premium will be expensed across two fiscal years: three (3) months in FY 2025/26 in the amount of $635,000 and nine (9) months in FY 2026/27 in the amount of $1,905,000. Funding will be included in the FY 2026/27 Operating Budget for the portion of the premium expensed in next fiscal year.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the annual renewal of the City’s property insurance for a premium not to exceed $2,540,000 for the term beginning April 1, 2026, and ending March 31, 2027; and authorizing the City Manager to execute all related documentation.

Attachments
Attachment 1 – PRISM 2026/27 Budget Estimates
Attachment 2 – PRISM Property Market Update
Ward:

All Wards
Synopsis of Previous Council Actions:

April 2, 2025 Mayor and City Council approved the annual renewal of the City’s property insurance for a premium not to exceed $2,478,000 for the term beginning April 1, 2025, and ending March 31, 2026.

March 20, 2024 Mayor and City Council approved the annual renewal of the City’s property insurance for a premium not to exceed $2,415,000 for the term beginning April 1, 2024, and ending March 31, 2025.

June 7, 2023 Mayor and City Council approved the annual renewal of the City’s property insurance for a premium not to exceed $1,742,000 for the term beginning April 1, 2023 and ending March 31, 2024.

March 2, 2022 Mayor and City Council adopted Resolution No. 2022-42, approving the annual renewal of the City’s property insurance for a premium not to exceed $1,601,000 for the term beginning April 1, 2022 and ending March 31, 2023.

March 3, 2021 Mayor and City Council adopted Resolution No. 2021-54, approving the annual renewal of the City’s property insurance for a premium not to exceed $1,292,000 for the term beginning April 1, 2021 and ending March 31, 2022.

CC: Eric Levitt, City Manager

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SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM) 2026/27 Budget Estimates, January 2026
0 This second round of premium estimates have been prepared to further assist members with budgeting for the 2026/27 fiscal year. Since the initial estimates provided in October, these projections have been updated to reflect estimated 2026/27 exposure information submitted through the renewal applications, as well as losses evaluated as of June 30, 2025. Pool rates have also been updated for the EWC and GL1 programs to incorporate the applicable expiring confidence levels and discount factors, which are scheduled for approval at the March Board of Directors meeting.

Pool rates for the other programs, reinsurance and excess insurance premiums, and administrative costs, remain estimates at this stage. As such, members are encouraged to budget toward the high end of the provided range. Consistent with direction from the Board of Directors, these estimates are intentionally conservative; although final premiums may vary from these preliminary projections, staff makes every effort to keep final premiums within the provided range.

Excess Workers' Compensation Program
Premium
24/25 Premium:24/25 Premium: $652,569 2024/25 Estimated Payroll: $105,416,651 25/26 Premium: $909,248 2025/26 Estimated Payroll: $138,005,235 26/27 Estimated Premium: $795,000 to $818,000 2026/27 Estimated Payroll: $124,294,972 PRISM pool rates have been updated in these esti mates and are pending approval by the PRISM Board of Directors at their March 2026 meeting. The estimate incorporates projected 2026/27 payroll exposures submitted through renewal applicati ons and losses evaluated as of June 30, 2025.

Reinsurance / excess insurance costs, as well as administrative expenses, remain estimated at this stage. These estimates also reflect the rating changes approved by the Board of Directors in October 2025, which will be phased in over a three-year period. For 2026/27, the rates are blended at 67% old and 33% new.

Members reporting payroll increases greater than 7% compared to the prior year may experience premium changes outside the range pr ovided in the October estimates. Additionally, members who experienced large claim development since last y ear's losses (evaluated as of June 30, 2024) will likely see premium changes outside of what was pr ovided before as well. For entities electing to apply the 2024/25 payroll audit to t he 2026/27 renewal, the audit adjustm ent is included in the total estimated collection shown. For ent ities settling the payroll audit outsi de of the renewal premium, the amount shown reflects the estimated renewal premium only.

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SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM) 2026/27 Budget Estimates, January 2026
0 General Liability 2 Program
Premium
24/25 Premium:24/25 Premium: $2,049,093 2024/25 Estimated Payroll: $78,045,281 25/26 Premium: $2,300,085 2025/26 Estimated Payroll: $108,366,606 26/27 Estimated Premium: $2,661,000 to $2,919,000 2026/27 Estimated Payroll: $106,508,104 The liability market continues to hearden in res ponse to rising claims costs. Based on market conditions, and the Board's direction to be conservative this early on in the process, these estimates reflect rate increases of 20% to 40% for the SIR to 10M layer, 15% to 30% within the 5M xs 10M layer, and 20% to 40% for the 10M xs 15M layer. These preliminary estimates have been formulated utilizing the 2025/26 final allocati on and anticipating market rate fluctuations. Please note that individual member rates may vary depending on loss history development, changes in exposure, or other relevant factors. Therefore, we re commend budgeting towards t he upper end of the range provided. The market based allocation of premium for the program will be evaluated and approved by the GL2 Committee in the Spring.

Property Program
Premium
24/25 Premium:24/25 Premium: $2,207,895 2025/26 AR TIV: $437,166,465 25/26 Premium: $2,273,844 2025/26 EQ TIV: $221,551,432
26/27 Estimated Premium: $2,156,000 to $2,540,000
The first version of the 2026/27 premium estimate s sent in October had an overall premium range of -5% to +10% for most members. This estimate was based on 2025/26 binding Total Insured Values (TIV) and did not take into consi deration property schedule updates. In these updated premium estimates, the premium ranges have been r educed for most members in consideration of the favorable property market and are based on updated TIV as of November 20, 2025, and loss history. Members with adverse loss development and/or TIV increas es since the initial premium estimates may see premium increases higher than the range provided in October. We continue to recommend you budget towards at the high end of the range provided.

Key Note: Large catastrophic event s or economic downturn prior to the March 31, 2026 renewal could impact the property insurance marketplace and potentially affect the premium estimates.

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SBERC
City of San Bernardino
Public Risk Innovation, Solutions, and Management (PRISM) 2026/27 Budget Estimates, January 2026
0 Master Crime Program
Premium
24/25 Premium:24/25 Premium: $13,709
25/26 Premium: $13,190
26/27 Estimated Premium: $15,200 to $15,900
The Master Crime Program is curr ently placed with AIG for the first $10M layer, Berkley for the $5M excess of $10M layer, Great American for the $5M excess of $15M layer, and with Crum & Forster for the $5M excess of $20M layer. The layers above AIG provide a $1M Faithful Performance sublimit, while the Great American layer includes a 5 times shared policy Annual Aggregate on this sublimit. At this time we recommend budgeting fo r a 10%-15% rate increas e. Please note that exposure changes could impact the premium.

For those members that do not currently purchase the optional $250,000 excess of $250,000 Impersonation Fraud coverage, we recommend budgeting $7,500 to $10,000 in addition to the budget estimates if there is interest in applying for that coverage.

Cyber Liability Program
Premium
24/25 Premium:24/25 Premium: $20,979
25/26 Premium: $21,512
26/27 Estimated Premium: $25,900 to $39,800
At this time, we recommend members with no paid or open claims, to budget for a 20% - 50% rate increase. For members that have paid losses or open claims with the pot ential for paid losses, please budget for a 20% - 85% rate increase. For members with significant losses and inadequate security controls, the increase may be larger.

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1www.safetynational.com
January 21, 2026
To: Property Program Members
From: Gina Dean, CEO

Re: Property Market Update
As we reflect on 2025 and look ahead to 2026, we find ourselves at an important inflection point in the commercial property insurance market. After many years of sustained hard- market conditions, the market environment has shifted meaningfully. Capacity has returned, pricing pressure has eased, and competition among carriers has increased which all serve to provide improved renewals for insureds. Despite the unprecedented Palisades and Eaton wildfires only a year ago in January 2025, we expect that the current market conditions will allow for a rate decrease for the PRISM members at the upcoming renewal. This expectation is contingent upon no market changing events occurring prior to the renewal.

Insurance Market Background
The property insurance market has undergone a significant shift over the past year and has finally softened from the hard cycle that began in 2017. The hard market cycle was due to large hurricane losses, perpetuated by world events and frequent large loss es across the industry. In response to a sustained challenging insurance market, PRISM made the strategic decision to retain the primary $10M of the Program effective 3/31/22 to better manage pricing and coverage. While PRISM provides capacity with superior terms and pricing than the open market in the primary layer, we continue to leverage our size and relationships to negotiate favorable terms on the excess layers. This balance provides the best program possible for members, especially considering carrier s’ continued concern about climate-related risks in California.

A major concern of carriers is the continued increase in extreme weather events in California, including wildfires, winter storms, and floods. Wildfires have long been a key concern, with Atmospheric Rivers becoming an emerging risk. Between the January 2025 wildfires and extreme rain events in recent years, the escalating risk is being carefully monitored. Thankfully PRISM’s design has effectively managed these exposures, but discussion of these risks is expected to be a key part of negotiations for the 2026 renewal.

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Excess Capacity Renewal
Despite continued severe natural catastrophes
at unprecedented levels, the minimal coastal
hurricane activity over the last 2 years has
resulted in carriers generating profits. This
profitability has resulted in improved pricing and
a desire to grow, which we have not seen in
many years. Though carriers continue to
carefully consider the exposure, the favorable
insurance market is expected to result in
improved pricing and additional capacity for
increased limits.

Primary Capacity Renewal
While loss experience for carriers excess of
$25M has been minimal (except for the recent
Eaton wildfire loss), the primary $10M layer
has experienced significant loss traffic since
self-funding. More frequent claims, severe
winter storms, wildfires and inflation are key
drivers of this increase. In the 5 years leading
up to PRISM self -insuring the primary $10M,
the average annual loss for this layer was
$60M. Since self -insuring the primary $10M
layer the average has nearly doubled.

- 2022/23: $160M (approximately $70M
of this was due to winter storms)
- 2023/24: $120M
- 2024/25: $100M
- 2025/26: $85M (estimated total based
on current losses)

Fortunately, the PRISM exposure to losses in the primary layer is limited by purchase of reinsurance and the exposure is fully funded, meaning there is minimal risk to PRISM surplus. While this on its own would lead to a stable primary renewal, we intend to improve it further by taking advantage of the favorable open market pricing and capacity. To accomplish this, the primary layer design is expected to be modified slightly. This shift will reduce pricing and exposure to PRISM while maintaining stability with self-insurance.

3.3 5.7 6.7

13.1 20 18
28 27
23 Average # of $1B+ Weather/Climate
Events in the US (NOAA source)
$0
$20
$40
$60
$80
$100
$120
$140
$160
$180Losses
Year of Coverage
PRISM Primary $10M Losses (in millions)

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PRISM’s retention of the primary layer
has shielded members from gaps in
coverage, restrictive renewal terms
and exorbitant pricing increases. It is
estimated that the Program will have
saved more than $150M in premium by
self-funding following the upcomin g
renewal.

In summary, although the PRISM
Property Program has had a few
difficult years, PRISM’s sophistication
and robust Net Position has allowed
the Program to absorb these
significant losses and still remain in a
positive funding position. In addition,
the Progr am structure has prevented
negative loss experience to most of the long -term carrier partners which improves the open market pricing. Finally, PRISM provides members the most comprehensive coverage at a more favorable price than members could obtain on their own. PRISM’s power is in pooling, and together with the members the Program will be able to work through the challenges resulting from unforeseen events and continue to provide the lowest cost to members for the foreseeable future.

Sincerely,

Gina Dean
0 50
100
150
200
2020 2021 2022 2023 2024 2025 2026
PRISM Primary $10M Premium (in millions)
Self Funded Open Market

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 4, 2026
To: Honorable Mayor and City Council Members
From: Darren Goodman, Chief of Police
Department: Police
Subject: Amendment No. 1 to Goods Purchase Agreement with Long Beach BMW Motorcycles to Increase the Not to
Exceed Amount to $162,809.80 (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute the first amendment to the Goods Purchase Agreement with Long Beach BMW Motorcycles, increasing the total purchase amount from $77,218.00 to $162,809.80.

2. Authorize the Director of Finance and Management Services to increase the existing purchase order from $77,218.00 to $162,809.80.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
The City previously entered into a Goods Purchase Agreement with Long Beach BMW Motorcycles in the amount of $77,218.00 for the purchase of two motorcycles. Long Beach BMW Motorcycles was identified as the lowest responsive bidder through a formal Request for Quotes (RFQ F-25-4043) and the agreement was signed under the City Manager’s signing authority. A recent evaluation of the Police Department's current inventory has revealed a critical need for an additional two motorcycles, bringing the total procurement to four units. This amendment increases the total purchase amount to $162,809.80, which exceeds the City Manager's signing authority, and will allow the department to purchase the two additional motorcycles at a cost of $38,609.03 each, plus necessary aftermarket accessories at $2,093.42 per motorcycle. There is sufficient funding in the Police Department’s approved Fiscal Year 2025/26 operational budget for this amendment; no budget amendment is required.

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Background
On May 14, 2025, the City issued a Request for Quotes (RFQ F-25-4043) for the procurement of motorcycles for the Police Department’s Traffic Unit. Two responsive quotes were received. Based on the pricing and delivery timeframes submitted, Long Beach BMW Motorcycles was selected as the lowest responsive bidder. The following table summarizes the quotes received:

Vendor Price per Motorcycle Delivery Timeframe
Long Beach BMW Motorcycles $38,609.03 180 days
BMW Motorcycles of Riverside $39,747,57 Unknown

A Good Purchase Agreement was executed on June 25, 2025, by the City Manager in accordance with the City’s Purchasing Policy and Procedures, for the purchase of two (2) motorcycles totaling $77,218.00. An evaluation of the Department’s current inventory has determined that an additional two (2) motorcycles are required. Upon completion of the motorcycles and subsequent review, it was determined that additional aftermarket accessories were necessary, totaling $2,093.42 per motorcycle.

Discussion

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This request is driven by the operational requirements of the Police Department’s Traffic Unit, which utilizes motorcycles for daily enforcement, special events, and various high-profile activities. Most patrol motorcycles lose their effectiveness and reliability after reaching 60,000 to 70,000 miles. Due to the high volume of service calls and the significant mileage logged annually, it is essential to rotate out aging units to ensure officers are provided with the safest and most reliable equipment. Furthermore, the acquisition of these additional units ensures that the department is prepared to equip officers, as two currently vacant motor officer positions are filled.

The proposed amendment will have no direct impact on the City’s general fund, as the procurement will be financed using funds from the department’s existing motor vehicle budget. To facilitate this, it is recommended that the City Council authorize the City Manager to execute the first amendment to the agreement and permit the Director of Finance and Management Services to increase the existing purchase order to the new total. This regular replacement of equipment is vital for maintaining the operational efficiency and safety of the Traffic Unit, as it serves the City of San Bernardino The San Bernardino Police Department is requesting an amendment to the Goods Purchase Agreement with Long Beach BMW Motorcycles. This amendment aims to increase the total purchase amount from $77,218.00 to $162,809.80, enabling the department to procure two (2) additional motorcycles.

This request is necessary due to several factors. First, the wear and tear on our current motorcycles has resulted in some units having high mileage and needing to be rotated out of the fleet. It is essential that our officers have the safest and most reliable equipment available. Additionally, the high volume of police calls for service on these motorcycles further emphasizes the need for this amendment. Granting this request is critical to ensure that our officers have adequate equipment to effectively serve the City of San Bernardino.

The regular purchase of motorcycles not only supports the day-to-day operations of the Traffic Unit but also enhances their capability to respond effectively to the diverse needs of the city.
2021-2025 Strategic Targets and Goals
This proposed action aligns with Key Target No. 3: Improved Quality of Life; constantly evaluate public safety services delivery models to enhance the quality of service.

Fiscal Impact
The fiscal impact to the general fund is $162,809.80. There are sufficient funds within the department's FY25/26 operational budget.

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

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1. Authorize the City Manager to execute the first amendment to the Goods Purchase Agreement with Long Beach BMW Motorcycles, increasing the total purchase amount from $77,218.00 to $162,809.80; and

2. Authorize the Director of Finance and Management Services to increase the existing purchase order from $77,218.00 to $162,809.80.

Attachments
Attachment 1 Amendment No. 1 - Long Beach BMW Motorcycles Attachment 2 Long Beach BMW Motorcycles Quote
Attachment 3 Aftermarket Accessories
Ward:

All Wards
Synopsis of Previous Council Actions:

On August 2, 2018, the Mayor and City Council adopted Resolution No. 2018-198, approving an agreement with BMW Motorcycles of Riverside.

CC: Eric Levitt, City Manager

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AMENDMENT NO. 1 TO

GOODS PURCHASE AGREEMENT

WITH LONG BEACH BMW MOTORCYCLES

This Amendment No. 1 to the Goods Purchase Agreement is made and entered into as of March 4, 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Long Beach BMW Motorcycles , (a corporation with its principal place of business at 2125 East Spring Street, Long Beach, California 90806) (“Supplier”). City and Supplier are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Supplier have entered into an agreement, dated June 25, 2025, for the purpose of supplying current production BMW motorcycles (the “Original Agreement”).

B. WHEREAS, the City and the Supplier have entered into an Amendment No. 1 to the Original Agreement, dated February 18, 2026, for the purpose of amending Exhibit C – Fee Schedule.

C. WHEREAS, the Parties now desire to amend the Original Agreement in order to increase the order quantity from two (2) to four (4) motorcycles in accordance with the compensation provisions of the Original Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall increase the total not to exceed compensation of the Original Agreement to the amount of One Hundred Sixty-Two Thousand, Eight Hundred Nine Dollars and Eighty Cents ($162,809.80). Work shall be performed at the rates set forth in the Original Agreement.

3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

4. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall

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be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE GOOD PURCHASE AGREEMENT

WITH LONG BEACH BMW MOTORCYCLES

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

SUPPLIER

LONG BEACH BMW MOTORCYLES

Charles Berthon
General Manager

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EXHIBIT C

FEE SCHEDULE
ITEM No. DESCRIPTION QUANTITY UNIT COST TOTAL AMOUNT
1 BMW R 1300 RT-P 4 $38,609.03 $154,436.12
2 PARTS 4 $2,093.42 $8,373.68
Total $162,809.80

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 4, 2026
To: Honorable Mayor and City Council Members
From: Darren Goodman, Chief of Police
Department: Police
Subject: Memorandum of Understanding with Riverside Urban Area Security Initiative (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-018 authorizing:

1. The City Manager to enter a Regional Training and Equipment Memorandum of Understanding with the City of Riverside regarding Urban Area Security Initiative Grant funding for Federal Fiscal Year 2023; and

2. Authorizing the City Manager or their designee to conduct all negotiations, signings, and submittals of necessary documents.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
San Bernardino Police Department personnel will be participating in fusion center training funded by Fiscal Year 2023 Urban Area Security Initiative (UASI) grant funds. Prior to participating in the training, the City of San Bernardino and the City of Riverside must have a Memorandum of Understanding (MOU) regarding the Fiscal Year 2023 UASI grant. This item is necessary to allow the City of Riverside to apply grant funds to the payment of training expenses for personnel from the San Bernardino Police Department.

Background
The City of San Bernardino has been a participant in the Urban Areas Security Initiative (UASI) Grant program since 2008. The UASI Program assists high-density Urban Areas in building and sustaining capabilities to prevent, protect against, mitigate, respond to, and recover from threats or acts of terrorism using the Whole Community

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approach. The UASI grant is administered through the City of Riverside Office of Emergency Management. Through its participation in the UASI Program, the San Bernardino Police Department obtains grant funds for the purchase of equipment and training that enhances security and better prepares police employees to respond to emergencies on behalf of San Bernardino citizens.

Discussion
The Riverside UASI grant program is funding training necessary for the Safety and Tribal Regional Analysis Center (STRAC). Since the San Bernardino Police Department is a Participating Agency with the STRAC and will serve as the host location for the STRAC, the Police Department has an interest in ensuring that police personnel receive training regarding fusion center operations and best practices. The UASI grant program is currently spending Fiscal Year 2023 grant funds to send public safety personnel from the UASI region to the National Fusion Center Association (NFCA) Conference. The NFCA Conference is held annually to provide training on a variety of topics, including fusion center operations, information sharing, interaction with regional partners, fusion center best practices, and legal updates, among others.

Through a partnership with the City of Riverside and the UASI grant program, the City of San Bernardino has an opportunity to obtain necessary training for Police Department personnel regarding fusion center operations at no cost to the City of San Bernardino.

Prior to using UASI Fiscal Year 2023 grant funds toward the training of San Bernardino Police personnel, the City of Riverside must have an active Training and Equipment Memorandum of Understanding (MOU) with the City of San Bernardino regarding Fiscal Year 2023 UASI grant funds. Staff is requesting the Mayor and Council authorize the City Manager to execute a Training and Equipment MOU with the City of Riverside that would allow UASI grant funds to be used to send Police Department personnel to the NFCA Conference for training.
2021-2025 Strategic Targets and Goals
Execution of an MOU with the City of Riverside aligns with Key Strategic Target and Goal No. 3: Improved Quality of Life: by constantly evaluating public safety service delivery models to enhance the quality of service.

Fiscal Impact
None
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-018 authorizing:

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2. Authorizing the City Manager or their designee to conduct all negotiations, signings, and submittals of necessary documents.

Attachments
Attachment 1 Resolution No. 2026-018
Attachment 2 Memorandum of Understanding
Attachment 3 Standard Assurances
Attachment 4 Certificate of Non Supplanting
Attachment 5 Debarment Certification
Attachment 6 Equipment Loan Agreement
Attachment 7 Material Transfer Form
Ward:

All Wards
Synopsis of Previous Council Actions:

October 4, 2023, The Mayor and City Council adopted Resolution No. 2023-153, authorizing the City Manager to accept the 2022 UASI grant.

December 1, 2021, The Mayor and City Council adopted Resolution No. 2021-283, authorizing the City Manager to accept the 2020 UASI grant.

January 16, 2019, The Mayor and City Council authorized the City Manager to accept and administer the 2017 UASI grant.

CC: Eric Levitt, City Manager

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Resolution No. 2026-018
Resolution No. 2026-018
March 4, 2026

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RESOLUTION NO. 2026-018

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO CALIFORNIA

AUTHORIZING THE CITY MANAGER TO ENTER A

REGIONAL TRAINING AND EQUIPMENT

MEMORANDUM OF UNDERSTANDING WITH THE CITY

OF RIVERSIDE REGARDING URBAN AREA SECURITY

INITIATIVE GRANT FUNDING FOR FEDERAL FISCAL
YEAR 2023 AND AUTHORIZ ING THE CITY MANAGER

OR THEIR DESIGNEE TO CONDUCT ALL

NEGOTIATIONS, SIGNINGS, AND SUBMITTALS OF
NECESSARY DOCUMENTS.

WHEREAS, The City of San Bernardino is a participating jurisdiction in the Riverside Urban Area Security Initiative program, a grant program that will fund training relevant to the Safety and Tribal Regional Analysis Center (STRAC); and WHEREAS, The STRAC will serve as a reg ional fusion center for San Bernardino and Riverside Counties to i mprove local capacity to prepare for, protect against, and respond to catastrophic incidents, terrorism and criminal acts; and WHEREAS, The STRAC will be located at the San Bernardino Police Department , requiring fusion center related training for Police Department Personnel.

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 City Manager or his designee is hereby authorized enter a Training and Equipment MOU with the City of Riverside regarding Urban Area Security Initiative Grant Funds for Fiscal Year 2023, and execute any documents as may be necessary.

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

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

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Resolution No. 2026-018
Resolution No. 2026-018
March 4, 2026

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SECTION 6. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 4th day of March 2026.

Helen Tran, Mayor
City of San Bernardino

Attest:

Telicia Lopez, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2026-018
Resolution No. 2026-018
March 4, 2026

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-018, adopted at a regular meeting held on the 4th day of March 2026 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______

WITNESS my hand and official seal of the City of San Bernardino this 5 th day of March 2026.

Telicia Lopez, CMC, City Clerk

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TRAINING

MEMORANDUM OF UNDERSTANDING

CITY OF RIVERSIDE, BY AND THROUGH ITS OFFICE OF EMERGENCY

MANAGEMENT, AND THE CITY OF SAN BERNARDINO

REGARDING URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING FOR FEDERAL FISCAL YEAR 2023

This MEMORANDUM OF UNDERSTANDING (“MOU”) is effective ________, 2026, between THE CITY OF RIVERSIDE , BY AND THROUGH ITS OFFICE OF EMERGENCY MANAGEMENT, and THE CITY OF SAN BERNARDINO (“Participating Agency”) under the following terms and conditions:

1. The Participating Agency agrees to comply with the Grant Assurances for Urban Area Security Initiative (Attachment A).

2. The Participating Agency agrees to comply with United States Department of Homeland Security – Homeland Security Grant Program guidance, processes and requirements.

3. The Participating Agency agrees that all equipment, supplies and training funded through the UASI program is for the mutual benefit of the Riverside UASI Region and not for the exclusive benefit of the Participating Agency.

4. The Participating Agency agrees that all equipment, supplies and technical expertise developed through training funded by the UASI program is to be made available for emergency use through established mutual aid systems, established mutual aid agreements or made reasonably available through a valid request by a member jurisdiction or organization of the Riverside UASI.

5. The Participating Agency agrees to provide, prior to being funded, the most recent copy of their Single Audit Report.

6. The participating agency agrees to designate a Project Manager and Grant Manager for each project awarded and provide the contact information of those individuals to the City of Riverside Office of Emergency Management / UASI. Upon any changes to the original designation the agency will provide written notification and updated contact information.

7. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend $300,000 or more of federal funds during their respective fiscal year agree to submit an organization wide financial and compliance audit report. The audit shall be performed in accordance with the U. S. General Accounting Office Government Auditing Standards and OMB Circular A-133 (Federal Granto r Agency: U. S. Department of Homeland Security; Pass -Through Agency: Office of Homeland Security;

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Memorandum of Understanding: Training - Urban Area Security Initiative Grant Funding

Program Title: Public Assistance Grants; Federal ALN Number: 97.067). The records shall be maintained and retained in accordance with UASI grant requirements and shall be available for audit and inspection by the City and designated grant agent personnel.

8. The Participating Agency agrees that all its expenditures shall be in accordance with the approved project expenditures and allowable costs as submitted to the City and approved by the California Office of Emergency Services (Cal OES) and the U.S. Department of Homeland Security Grants Program Directorate.

9. The Participating Agency agrees to maintain adoption and implementation of (National Incident Management System) NIMS.

10. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from and against all liability arising out of the Participating Agency’s acts or omissions under this MOU.

11. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees, from and against all liability arising out of the City’s acts or omissions under this MOU.

12. The Participating Agency agrees to provide the Certificate of Non -Supplanting (Attachment B).

13. The Participating Agency agrees to provide the Certification regarding Debarment, Suspension and Other responsibility matters (Attachment C).

14. The Subgrantee Performance Period for the FY 2023 UASI funding cycle is from September 1, 2023 to January 1, 2026.

15. The Participating Agency agrees to the use of a UASI Equipment Loan Agreement (Attachment D) that authorizes Participating Agencies the use of UASI Regional equipment to be utilized amongst the Riverside UASI region when requesting use of UASI Regional Equipment.

16. The Participating Agency agrees to use a Material Transfer Form (Attachment E) to document the use and return of equipment loaned pursuant to paragraph 15.

(Signatures on following page)

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Memorandum of Understanding: Training - Urban Area Security Initiative Grant Funding

IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of Riverside , by and through its Office of Emergency Management and the City of San Bernardino, by and through its/their authorized representatives.

CITY OF RIVERSIDE PARTICIPATING AGENCY

By: ______________________________ By: ______________________________ Eric Levitt

Title: _____________________________ Title: _City Manager________________

Attest: Attest:

By: _____________________________ By: ____________________________ Donesia Gause Telicia Lopez, CMC

Title: _____________________________ Title: __City Clerk_________________ City Clerk

Approved as to form: Approved as to form:

By: _____________________________ By: _____________________________ Deputy City Attorney Best Best & Krieger LLP
City Attorney

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Memorandum of Understanding: Training - Urban Area Security Initiative Grant Funding

Governing Body Resolution
(For Operational Areas and Urban Area’s)

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO THAT THE CITY MANAGER is hereby authorized to execute for and on behalf of the named applicant, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California.

Passed and approved this 18th day of February, 2026

Certification

I, ______________________________________________, duly appointed and City Clerk of the (Name)
Mayor and City Council of the City of San Bernardino do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Mayor and City Council of the City of San Bernardino on the 18
th day of February, 2026.

__________________________________________
(Official Position)

___________________________________________
(Signature)

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Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

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As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

The requirements outlined in these assurances apply to Applicant and any of its subrecipients.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:

(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:

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(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:

(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

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(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principle employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

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(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non- discrimination, including:

(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—

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be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) Department of Homeland Security (DHS) policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R.

Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

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7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:

(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and

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(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

The Applicant shall not be: (1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-and- desist order pursuant to section 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds,

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and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R.

Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.

Part 25, Appendix A.

13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:

(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non- profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:

(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)

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which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:

(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication.

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Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM (HSGP) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.

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24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of United States Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.

Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

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30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.

L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

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35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.

36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.

38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

39. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:

(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

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(b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a “Buy America” preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Per section 70914(c) of BABAA, FEMA may waive the application of a “Buy America” preference under an infrastructure program in certain cases.

On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.

40. Advancing Effective, Accountable Policing and Criminal Justice Practice to Enhance Public Trust and Public Safety
The Applicant must comply with the requirements of section 12(c) of Executive Order 14074. The Applicant is also encouraged to adopt and enforce policies consistent with Executive Order 14074 to support safe and effective policing.

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IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.

Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by DHS Standard Terms and Conditions 2023, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Applicant:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

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Certificate of Non‐Supplanting

My signature below affirms that grant funds from the Urban Area Security Initiative Grant will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose.

Designated Agent:

Printed Name

Signature

Title

Agency

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RIVERSIDE URBAN AREA SECURITY INITIATIVE

CERTIFICATION REGARDING DEBARMENT,

SUSPENSION AND OTHER RESPONSIBILITY MATTERS

Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Government -wide Debarment and Suspension (Non -procurement).

The certification shall be treated as a material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement.

If it is later determined that an applicant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including su spension and/or debarment. The applicant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the applicant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR

1. The applicant certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or age ncy (Note: The terms "covered transaction," "debarred," "suspended," "ineligible," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.);

b. Have not within a three -year period preceding this application been conflicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving st olen property;

c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of these offenses enumerated in paragraph (1) (b) of this certification; and

d. Have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and

2. Where the applicant is unable to certify to any of the statements in this certification, he or she shal l attach as explanation to this application.

Authorized Agent Signature Business Name

Name Printed or Typed Street Address

Date City, State, Zip Code

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GENERAL EQUIPMENT LOAN AGREEMENT <INSERT NAME OF BORROWER> This Equipment Loan Agreement ( “AGREEMENT”) is made and entered into this ______ day of _________________, 20____ (“EFFECTIVE DATE”), by and between the CITY OF RIVERSIDE, a California charter city and municipal corporation (“LENDER”), and _____________________________________________ (“BORROWER”). Individually, LENDER or BORROWER may be referred to as a “PARTY” and collectively LENDER and BORROWER may be referred to as the “PARTIES”. RECITALS WHEREAS, the LENDER has authorized the purchase of equipment and systems funded by the Urban Area Security Initiative (“UASI”) Grants; and WHEREAS, the UASI Grant provides that all equipment, supplies and training funded through the UASI Grant is for the mutual benefit of the member Cities and/or agencies in the Riverside UASI Region and not for the exclusive benefit of the LENDER or other member Cities and/or agencies; and WHEREAS, the BORROWER is a local public safety and governmental agency within the Riverside UASI Region that is contemplated in Grants; and WHEREAS, the BORROWER has expressed a need to utilize equipment that was purchased by LENDER using UASI Grant Funds; and WHEREAS, LENDER and BORROWER desire to contract for shared use of the equipment and desire to set forth their rights, duties, and liabilities in connection with their performance. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. LOAN OF THE EQUIPMENT. 1.1 BORROWER understands and agrees that it shall be deemed a Participating Agency under the terms and conditions of the regional Training and Equipment Memorandum of Understanding, dated _________________, 20____ between the City of Riverside, Office of Emergency Management and BORROWER regarding

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Urban Area Security Initiative (UASI) Grant Funding (“MOU”), attached hereto as Exhibit A and incorporated herein by this reference. All terms of the MOU shall apply to BORROWER during the loan and use of the Equipment. 1.2 LENDER agrees to loan the BORROWER the following equipment listed in Exhibit B, attached and incorporated herein by this reference (“Equipment”), when the Equipment is reasonably available and not currently being used by the LENDER or another UASI member or Participating Agency. 2. TERM. The AGREEMENT’S initial term (“TERM”) shall commence on the date that all parties fully execute the AGREEMENT (“EFFECTIVE DATE”) and shall continue for one (1) year or until the expiration of the MOU referenced above, or the agreement is terminated by either PARTY in accordance with Section 28 or any other provision of this AGREEMENT. 3. REQUESTS TO USE AND RETURN OF EQUIPMENT. 3.1 BORROWER agrees to provide the LENDER with as much reasonable advance notice as possible when it intends to request use of the Equipment. 3.2 BORROWER acknowledges that LENDER may deny BORROWER’s request to utilize the Equipment if the LENDER has a prescheduled event or operation for which the LENDER plans to utilize the Equipment, or the Equipment is already on loan to another UASI member or Participating Agency. 3.3 When not being utilized for public safety activities of the BORROWER, the BORROWER shall immediately return the Equipment to the LENDER at the location where the Equipment was delivered to the BORROWER. Upon mutual agreement by the PARTIES, BORROWER may return the Equipment to a location that is different from the location where the Equipment was delivered to the BORROWER. 3.4 The BORROWER agrees that it will, upon return of the Equipment to the LENDER during the term and normal course and scope of this AGREEMENT and/or final termination of this AGREEMENT, return the Equipment in as good condition and repair as the Equipment existed on the last date the BORROWER accepted receipt of the Equipment; reasonable wear and tear excepted. 3.5 BORROWER acknowledges that LENDER may enter into agreements with other BORROWERS according to the terms of the MOU for Equipment Loan

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Agreements that may result in the Equipment being unavailable to the BORROWER at the BORROWER’s requested time. 4. RESTRICTED USES. BORROWER shall use the Equipment during the TERM exclusively for the operation of public safety activities in compliance with the MOU and all federal, state, and local laws. BORROWER understands and agrees that the Equipment shall not be utilized for any operation or activity that is not contemplated in the MOU or that is not directly related to the public safety duties and responsibilities of the BORROWER. 5. TRAINING AND SUITABILITY OF USE. 5.1 Prior to receipt of the Equipment by the BORROWER, the LENDER shall provide BORROWER’s designated personnel with general training regarding proper and safe use of the Equipment. BORROWER represents and agrees that no personnel employed or under the supervision of the BORROWER shall be permitted to operate or utilize the Equipment until they have received appropriate and necessary training in the use of said Equipment. 5.2 LENDER has made no representation regarding the suitability of the Equipment for any particular purpose, including BORROWER’s intended use of the Equipment, and the BORROWER has not relied upon any representation of the LENDER with regards to the suitability of the Equipment for any particular purpose, including BORROWER’s intended use of the Equipment. BORROWER understands that BORROWER’s intended use of the Equipment may necessitate additional training to ensure compliance with statutes, regulations, ordinances, and other laws regarding the operation of the Equipment. Any such additional training or shall be obtained by the BORROWER at the BORROWER’s sole expense. 6. INSPECTION – NOTICE OF INCIDENT. 6.1 BORROWER shall, at its sole expense, perform such inspections as are necessary to ensure that the Equipment is in good repair and safe condition as of the time the equipment is delivered to BORROWER. 6.2 BORROWER shall, at its sole expense, perform such inspection as is necessary to ensure that the Equipment is in good repair and safe condition as of the time the Equipment is returned to the LENDER. Before returning the Equipment to LENDER, the BORROWER shall notify LENDER in writing of any incident

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resulting in injury to any person(s) and/or damage to any part/piece of the Equipment. 7. ALTERATIONS. BORROWER shall not modify or alter the Equipment without the prior written consent of LENDER. In the event that modifications or alterations are made to the Equipment in accordance with this AGREEMENT, upon termination of this AGREEMENT, BORROWER shall remove said modifications and alterations at its own expense and leave the Equipment in the same condition it was at the time such modifications and alternations were made, unless the PARTIES mutually agree to maintain the modifications and alternations to the Equipment. 8. OPERATING COST – FUEL REIMBURSEMENT. 8.1 BORROWER shall be responsible for returning the Equipment to the LENDER with a substantially similar amount of fuel as was provided when the BORROWER received the Equipment from the LENDER. For purposes of this agreement, substantially similar shall be determined by comparing the use log fuel indication on the date of delivery to the BORROWER with the actual amount of fuel present in the Equipment on the date it is returned to the LENDER. 8.2 In the event that any circumstance or situation prevents the BORROWER from refueling the Equipment prior to returning the Equipment to the LENDER, BORROWER agrees to pay to the LENDER the dollar amount/cost deemed necessary by the LENDER to re-fuel the Equipment to the substantially similar amount present in the Equipment at the time the BORROWER received the Equipment. Invoices for payment of fuel costs shall be paid to the LENDER within thirty (30) days of mailing by the LENDER to the BORROWER. 8.3 The LENDER shall not be responsible to reimburse BORROWER for any fuel remaining in the Equipment that may be in excess of the amount indicated in the use log on the date of delivery to the BORROWER. 9. INDEMNIFICATION / HOLD HARMLESS. BORROWER agrees to and shall indemnify and hold the LENDER, its elected officials, employees, agents, or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of BORROWER, its employees, agents, or subcontractors, arising, relating to, or in any way connected with the use of the

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Equipment and performance under this AGREEMENT, unless the bodily injury or property damage was actually caused by the sole negligence of the LENDER, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, BORROWER agrees to protect and defend at its own expense, including attorney’s fees, the LENDER, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. BORROWER hereby waives any and all rights to any types of express or implied indemnity against the LENDER, its elected officials, employees, agents or representatives, with respect to third party claims against the BORROWER relating to or in any way connected with the use of the Equipment under this loan AGREEMENT. 10. INSURANCE – CERTIFICATES. 10.1 LENDER is a self-insured public entity for the purposes of professional liability, general liability, and workers’ compensation. 10.2 BORROWER is a self-insured public entity at levels commensurate with LENDER’s self-insurance program for the purposes of professional liability, general liability, and workers’ compensation. Prior to receipt of the Equipment, BORROWER shall provide to the LENDER a copy of BORROWER’s certificate of self-insurance. In the event BORROWER has separate insurance policies for professional liability, general liability, and workers’ compensation at levels commensurate with LENDER’s self-insurance program, BORROWER shall provide a copy of those insurance certificates to the LENDER prior to receipt of the Equipment. No Equipment shall be lent until such proof of insurance is provided. 11. DAMAGE, DESTRUCTION, THEFT OF EQUIPMENT. 11.1 During the term(s) of this AGREEMENT, if any casualty, other than resulting from LENDER’s use of the Equipment, renders a portion of the Equipment unusable for the purpose intended, then BORROWER shall, at BORROWER’s sole expense, restore the Equipment and repair any damages caused by such casualty as soon as reasonably possible and this AGREEMENT shall continue in full force and effect. 11.2 BORROWER agrees to repair or replace any/all Equipment if lost, stolen, or damaged beyond repair while in the possession of BORROWER. BORROWER also understands and agrees that the lost, stolen, or damaged Equipment shall be replaced with that of like kind or capability, as determined by the PARTIES, and at the BORROWER’s sole expense.

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12. BORROWER’S DEFAULT. The occurrence of the following event(s) shall constitute a default and breach of this AGREEMENT by BORROWER: 12.1 The failure of BORROWER to perform any material provisions of this AGREEMENT to be performed by BORROWER, including but not limited to the repair or replacement of lost, stolen, or damaged Equipment in the possession of the BORROWER, upon written notice by LENDER to BORROWER. 13. LENDER’S REMEDIES ON BORROWER’S DEFAULT. The remedies contained herein are in addition to, and not in lieu of, any other remedies available to LENDER under relevant state or federal law. 13.1 In the event of any default by BORROWER, which is not cured by BORROWER, LENDER may, at its election, pursue any and all methods/process(es) available by law to enforce the terms of this AGREEMENT. 13.2 On termination of this AGREEMENT for default pursuant to this section, LENDER shall have the right to recover from BORROWER all amounts for any and all damages, which may be the direct or indirect result of such default, including, but not limited to: 13.2.1 Any amount necessary to compensate the LENDER for all detriment proximately caused by BORROWER’s default which LENDER proves could not have been reasonably avoided. 14. NOTICES. Any notices, documents, correspondence, or other communication concerning this AGREEMENT or the services provided hereunder may be provided by personal delivery or U.S. Mail. If personally delivered the notice shall be deemed delivered at the time of the personal delivery. If sent by U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. TO THE LENDER: City of Riverside 3900 Main St. Riverside, CA 92501 TO THE BORROWER: _____________________________ _____________________________ _____________________________

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Either PARTY may change the address for delivery of notices by sending notice of the change to the other PARTY in conformity with this Section. 15. ASSIGNMENT. BORROWER shall not voluntarily or by operation of law assign, transfer or encumber all or any part of the BORROWER’s interest in this AGREEMENT without LENDER’s prior written consent. Any attempted assignment, transfer or encumbrance shall be void and shall constitute a breach of this AGREEMENT and cause for the termination of this AGREEMENT. Regardless of LENDER’s consent, no subletting or assignment shall release BORROWER of BORROWER’s obligation to perform all other obligations to be performed by BORROWER hereunder for the term of this AGREEMENT. 16. ENTIRE AGREEMENT. This AGREEMENT constitutes the entire agreement and the understanding between the PARTIES, and supersedes any prior agreements and understandings relating to the subject matter of this AGREEMENT. 17. REMEDIES; WAIVER. All remedies available to either PARTY for one or more breaches by the other PARTY are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The delay or failure of either PARTY to require performance or compliance of the other of any of its obligations under this AGREEMENT 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 made in writing and signed by a duly authorized representative of the PARTY against whom it is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of such right or remedy with respect to any future occurrences or events and shall not be deemed a continuing waiver. 18. AMENDMENT. No amendment(s) to this AGREEMENT shall be effective unless it is in writing and signed by both PARTIES.

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19. SUCCESSORS AND ASSIGNS. This AGREEMENT shall be binding on and inure to the benefit of the PARTIES to this AGREEMENT and their respective heirs, representatives, successors, and assigns. 20. SEVERABILITY. If any provision of this AGREEMENT is determined by a court of competent jurisdiction to be invalid 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. 21. TIME OF ESSENCE. Time is of the essence of each provision of this AGREEMENT which specifies a time within which performance is to occur. In the absence of any specific time for performance, performance may be made within a reasonable time. 22. PROVISIONS ARE COVENANTS AND CONDITIONS. All provisions, whether covenants or conditions, on the part of either PARTY shall be deemed both covenants and conditions. 23. CONSENT. Whenever consent or approval of either PARTY is required that PARTY shall not unreasonably withhold, condition, or delay such consent or approval, unless the provision providing for such consent or approval specifically provides such consent or approval may be given in the PARTY’s discretion. 24. EXHIBITS. All exhibits referred to are attached to this AGREEMENT and incorporated by reference. 25. CHOICE OF LAW. This AGREEMENT shall be governed and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws.

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26. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this AGREEMENT shall be tried and litigated either in the Superior Court of the State of California for the County of Riverside or the United States District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 27. ATTORNEY’S FEES AND COSTS. In the event that litigation is brought by any PARTY in connection with this AGREEMENT, each party shall bear their own attorneys’ fees and costs. 28. RIGHT TO TERMINATE. This AGREEMENT may be terminated at any time by thirty (30) days written notice by either PARTY, or for material breach of this AGREEMENT. 29. HEADINGS. The subject headings of the sections of this AGREEMENT are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 30. SURVIVAL. The obligations of the PARTIES that, by their nature, continue beyond the term of the AGREEMENT, will survive the termination of the AGREEMENT. 31. PUBLIC RECORDS DISCLOSURE. All information received by LENDER concerning this AGREEMENT, including the AGREEMENT itself, may be treated as public information subject to disclosure under the provisions of the California Public Records Act, Government Code § 7920.000 et seq. (the “Public Records Act”). The PARTIES understand that although all materials received in connection with this AGREEMENT are intended for the exclusive use of the PARTIES, they are potentially subject to disclosure under the provisions of the Public Records Act.

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32. CONDITION OF EQUIPMENT. The LENDER shall take reasonable efforts to deliver the Equipment to BORROWER clean and free of debris, but makes no warranty as to the condition of the Equipment at the time of delivery or the Equipment’s suitability for a particular use. BORROWER agrees that it has not relied upon any representation by LENDER as to the condition of the Equipment or the Equipment’s suitability for a particular use when determining whether to enter into this AGREEMENT or utilize the Equipment pursuant to the terms of this AGREEMENT. 33. MATERIAL REPRESENTATION. If during the course of the administration of this AGREEMENT, a PARTY determines that the other PARTY has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the PARTY, this AGREEMENT may be immediately terminated. If this AGREEMENT is terminated according to this section, the terminating PARTY is entitled to pursue any available legal remedies. 34. INTERPRETATIONS. The PARTIES have participated jointly in the negotiation and drafting of this AGREEMENT. In the event an ambiguity or question of intent or interpretation arises with respect to this AGREEMENT, this AGREEMENT shall be construed as if drafted jointly by the PARTIES and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any Party by virtue of authorship of any of the provisions of this AGREEMENT. 35. COUNTERPARTS. This AGREEMENT may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation of the PARTY executing (or on whose behalf such signature is execute) with the same force and effect as if such facsimile or “.pdf” signature page were an original thereof. 36. CORPORATE AUTHORITY. Each person 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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37. ORDER OF PRECEDENCE. In the event of any inconsistency or conflict in this AGREEMENT and any of the attached Exhibits or Attachments, the terms set forth in this AGREEMENT shall prevail. 38. FORCE MAJEURE. A PARTY shall not be liable for any failure or delay in the performance of this AGREEMENT for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or any other force majeure event. 39. COMPLIANCE WITH LAW. BORROWER agrees to abide by all federal, state, and local laws, ordinances and regulations, including, but not limited to, the acquisition of any necessary permits for alterations made to the Equipment. 40. NON-DISCRIMINATION. In the performance of this AGREEMENT, use of the Equipment, and in the hiring and recruitment of employees, BORROWER shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 41. DIGITAL AND COUNTERPART SIGNATURES. Each Party intends and agrees to the use of digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (Civil Code §§ 1633.1, et seq.), California Government Code § 16.5, and California Code of Regulations Title 2 Division 7 Chapter 10, to execute this Agreement. The parties further agree that the digital signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures for purposes of validity, enforceability, and admissibility. For purposes of this section, a “digital signature” is defined in subdivision (d) of Section 16.5 of the Government Code and is a type of “electronic signature” as defined in subdivision (h) of Section 1633.2 of the Civil Code. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each certified or authenticated electronic copy of an encrypted digital signature shall be deemed a duplicate original, constituting one and the same instrument and shall be binding on the parties hereto.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the day and year first above written.LENDER: CITY OF RIVERSIDE, a California and municipal corporation By: __________________________ City Manager Attest: __________________________ City Clerk Certified as to Availability of Funds: By: ____________________________ Chief Financial Officer APPROVED AS TO FORM: By: _______________________________ Deputy City Attorney BORROWER: <INSERT NAME OF BORROWER> By: ________________________ Title: _______________________

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EXHIBIT A
EXHIBIT A [NAME OF MOU]

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EXHIBIT B
EXHIBIT B [LIST OF EQUIPMENT]

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Material Transfer Form Agencies that purchase or receive equipment with federal funding are required to maintain a Capital Asset/Equipment Inventory as per Code of Federal Regulations 44:13.32 and comply with federal audit regulations as per OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. This form must be completed for equipment with a purchase price of $5,000 or above. For accountability purposes, this form and any attached equipment rosters are also used for material transfer of items with a purchase price of less than $5,000. The following equipment was purchased with federal funds under grant year ______ and the following grant fund: (circle one) UASI SHSGP EMPG PSIC CARES ACT The following equipment was purchased with general budget funds under fiscal year X and not grant funds. Equipment is being: Transferred Loaned Disposed/Surplus Missing Donated Transferring Entity Receiving Entity Riverside UASI Riverside Fire Department – OEM 3085 St Lawrence St Riverside, CA 92504 951-320-8103

Quantity Description of Item (include make and model) Serial No. Fair Market Value Additional Sheets or Equipment Rosters Attached? __Yes __ No Description of attachments: ______________________________ Receiving Entity agrees to all terms and conditions in the UASI Equipment Loan agreement dated _____________________________, which terms and conditions are incorporated herein by this reference. ____________________________________________________________________________________________________ Transferring Entity Representative Signature Printed Name Date ____________________________________________________________________________________________________ Receiving Entity Representative Signature Printed Name Date Acknowledge Return of Equipment ____________________________________________________________________________________________________ Transferring Entity Representative Signature Printed Name Date

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: March 4, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Amendment No. 3 to the Design Services Agreement with RHA Landscape Architects – Planners Inc.

For The Seccombe Lake Park Revitalization Project for
$342,790 and Approve Additional Contingencies in the
Amount of $35,000 for a Total Increase of $377,790. (Ward 1)
Recommendation:

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

1. Approve Amendment No. 3 to the Professional Design Services Agreement with RHA Landscape Architects – Planners Inc. for the Seccombe Lake Park Revitalization Project (Project) in the amount of $377,790, increasing the total not to exceed amount to $968,645, and extending the term through December 31, 2027; and

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

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

City Manager's Comments
The City Manager recommends approval.

Executive Summary
RHA Landscape Architects – Planners Inc. was originally contracted to establish design plans for the complete renovation and restoration of Seccombe Lake Park. The current scope of work utilizes the City’s ARPA allocation and is currently under

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construction.

Amending the Design Services Agreement for Seccombe Lake Park would allow the City to proceed with additional design services necessary to fully utilize the $5,000,000 state appropriation from Assemblymember Ramos. The proposed design scope includes pickleball courts, concrete art pads, additional accessibility improvements, dog park enhancements, lake cleanup, and renovation of the northern parking lot.

These improvements would be in addition to what is currently under construction at Seccombe Lake Park. The term extension through December 31, 2027, will allow time to complete the design and allow RHA to remain available during construction of the additional improvements.

Any items that cannot be constructed as part of the ongoing construction project will be designed and constructed as a separate phase, allowing the current ARPA funded phase to be completed by the end of 2026.

Background
On September 21, 2022, Mayor and City Council approved Design Services Agreement award for Seccombe Lake Park Revitalization Project with RHA Landscape Architects – Planners Inc. for $537,855. RHA’s scope includes designing and planning comprehensive park improvements such as restroom replacements, lake enhancements, ADA upgrades, irrigation updates, and new low-maintenance landscaping to revitalize Seccombe Lake Park while improving safety, visibility, and long-term sustainability. Their role also involves collaborating with City staff to evaluate design options for planting, irrigation, and site furnishings to ensure the improvements support beautification, durability, and future maintenance needs.

On July 19, 2023, the Mayor and City Council approved a concept plan that included a variety of park improvements. The improvements included, but are not limited to, playground equipment, lighting, ADA accessibility, exercise stations, gazebo renovations, parking lot rehabilitation, renovation of dirt/gras areas, and new restrooms.

On March 20, 2024, the Mayor and City Council approved Amendment No. 1 to the Design Services Agreement with RHA to provide additional services and increase the total compensation by $53,000. The additional services were necessary for RHA to complete electrical design work after significant damage to the park’s electrical system was discovered during a site visit. These were damages that occurred after the original agreement was awarded and these services were required to restore proper electrical function and allow continued park operations.

On December 3, 2025, the Mayor and City Council approved Amendment No. 2 to the Design Services Agreement with RHA to extend the term of the agreement through June 30, 2027.

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Discussion
In early 2024, the California Natural Resources Agency (CNRA) notified the City of San Bernardino of a $5,000,000 state funding award to replace parkland at Seccombe Lake Park. After the original project stalled, City staff coordinated with Assemblymember Ramos’ office and CNRA to obtain approval to repurpose the funding.

The $5,000,000 will now be used for additional for Seccombe Lake Park improvements. The proposed additional improvements are listed below. The additional improvements are subject to change based on feasibility and construction costs. Pickleball Courts
Concreate Art Pads
Additional Accessibility
Improvements
Dog Park Enhancements
Lake Cleanup
Renovation of Northern
Parking Lot
The first phase of the Project is currently under construction and will revitalize Seccombe Lake Park with new amenities and restore existing infrastructure. RHA Landscape Architects – Planners Inc. (RHA) prepared construction documents for this project and is currently providing construction support services. The first phase is funded with ARPA allocations, which must be expended by December 31, 2026. The current phase of the project is anticipated to be completed by June 2026.

The ARPA funding allocated for the Seccombe Lake Park Project totals $13,792,332 million, $1 million of this is from the San Manuel Band of Mission Indians grant. From this amount, funds have been committed to several key components of the project, including $10,539,509.65 million to Landscape Support Services for construction, $700,305 for CSG Consultants for construction management and inspection services, and $590,855 for RHA Landscape Architects. An additional $1,070,000.00 million is reserved for project contingencies to address unforeseen needs during construction. $22,721.60 is allocated to administrative cost.

Approximately $42,600 remains in the San Manuel grant balance which is anticipated to be used for the future interpretive signage. The following table demonstrates expenditures from this grant as of November 2025:

Phase 1 Budget Summary
San Manuel Grant $1,000,000
ARPA Allocation $12,792,332
Dave Bang Associates (585,444.22)
Coast Recreation ($221,141.19)
RHA Landscape ($590,885)
CSG Consultants ($700,305)
Landscape Support Services ($10,539,509.65)
Project Contingency ($1,070,000.00)
Administrative Cost ($22,721.60)
Remaining Budget $62,325.34

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Amendment No. 3 would allow RHA to complete the design documents necessary to construct the additional improvements to effectively utilize the $5,000,000 state allocation. The cost of the additional design work is $342,790. An additional $35,000 is also recommended to increase the available design contingency budget. This would increase the not-to-exceed amount by $377,790 for a new total of $968,645, which includes both Phase 1 and Phase 2 design services.

Phase 2 Budget Summary
State Funding Allocation $5,000,000
RHA Landscape ($377,790)
Remaining Budget $4,622,210
The amendment also extends the term through December 31, 2027, allowing RHA to prepare the next set of construction drawings, and remain under contractor through construction. Any items that cannot be constructed as part of the current phase of work will be completed as a second phase. This will allow the current ARPA funded phase to be completed prior to December 31, 2026, deadline.
2021-2025 Strategic Targets and Goals
Authorizing the execution of this amendment aligns with Key Target No. 4: Economic Growth & Development. The additional amenities to Seccombe Lake Park will improve community participation for recreational activities and provide a safe and well- maintained community park.

Fiscal Impact
There is no General Fund impact associated with this item. The repurposed CNRA $5,000,000 funding will be used to complete the design and construction of the additional park improvements.

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

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

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

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Attachments
Attachment 1 Amendment No 3. to the Design Services Agreement with RHA Landscape Architects – Planners Inc.

Attachment 2 Amendment No 2. to the Design Services Agreement with RHA Landscape Architects – Planners Inc.

Attachment 3 Amendment No 1. to the Design Services Agreement with RHA Landscape Architects – Planners Inc.

Attachment 4 Agreement with RHA Landscape Architects - Planners Inc.

Attachment 5 Location Map
Ward:

First Ward
Synopsis of Previous Council Actions:

September 21, 2022 Approved design services agreement award for Seccombe Lake Park Revitalization Project.

July 19, 2023 Approved the Concept Plan for the Seccombe Lake Park Revitalization Project.

March 20, 2024 Amendment No. 1 to Agreement with RHA Landscape Architects – Planners Inc. for Seccombe Lake Park Revitalization Design Services (Ward 1)
December 4, 2025 Amendment No. 2 RHA Landscape Architects – Planners Inc. for Seccombe Lake Park Revitalization Design Services (Ward 1)
CC: Eric Levitt, City Manager

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AMENDMENT NO. 3 TO

THE DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARICHITECTS - PLANNERS, INC. FOR THE

SECCOMBE LAKE PARK REVITILIZATION PROJECT

This Amendment No. 3 to the Design Services Agreement is made and entered into as of March 4, 2026 ("Effective Date"), by and between the City of San Bernardino, a charter city and municipal corporation ("City") and RHA Landscape Architects - Planners, Inc., a California corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."

RECITALS

A. WHEREAS, the City and the Consultant have entered into an agreement, dated, September 21, 2022, for the purpose of design services for the Seccombe Lake Park Revitalization Project (the "Original Agreement").

B. WHEREAS, on March 20, 2024, the Parties executed Amendment No. 1 to the Original Agreement in order to increase the compensation amount by Fifty-Three Thousand Dollars ($53,000) increasing the total not to exceed compensation amount from Five Hundred Thirty-Seven Thousand Eight Hundred Fifty-Five Dollars ($537,855) to Five Hundred Ninety Thousand Eight Hundred Fifty-Five Dollars ($590,855).

C. WHEREAS, on December 3, 2025, the Parties executed Amendment No. 2 to the Original Agreement to extend the term through June 30, 2027,

D. WHEREAS, the Parties now desire to amend the Original Agreement in order to include additional services, extend the term or the Original Agreement, and to provide compensation for the additional services.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 3 and the Original Agreement, as previously amended, the Parties mutually agree as follows:

AGREEMENT

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

2. Services. The Services, as that term is defined in the Original Agreement, are hereby amended to include additional services related to the Seccombe Lake Park Revitalization Project. The additional services are more fully described in Exhibit “A - 1”, attached hereto to this Amendment No. 3 and incorporated herein by this reference.

3. Term. The term of the Original Agreement, as previously amended, is hereby extended through December 31 , 2027 , unless earlier terminated in accordance with the Agreement.

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4. Compensation. The total not to exceed compensation amount shall be increased by Three Hundred Seventy -Seven Thousand Seven Hundred Ninety Dollars and Zero Cents ($377,790.00), increasing the total not to exceed compensation amount from Five Hundred Ninety Thousand Eight Hundred F ifty-Five Dollars and Zero Cents ($590,885.00) to Nine Hundred Sixty-Eight Thousand Six Hundred Forty-Five Dollars and Zero Cents ($968,645.00).

5. Full Force. Except as amended by this Amendment No. 3, all provisions of the Original Agreement, as previously amended , including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 3.

6. Electronic Transmission. A manually signed copy of this Amendment No. 3, which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 3 for all purposes . This Amendment No. 3 may be signed using an electronic signature.

7. Counterparts. This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE TO
AMENDMENT NO. 3 TO

DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 3 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO CONSULTANT

APPROVED BY: RHA LANDSCAPE
ARCHITECTS - PLANNERS, INC.

Eric Levitt,
City Manager Signature

APPROVED AS TO FORM: Name

Best Best & Krieger
LLP City Attorney

Title

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Exhibit A-1

Additional Services

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Docusign Envelope ID: 3531E7A3-5555-42D6-A51B-31E4BF57C49B

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Docusign Envelope ID: 3531E7A3-5555-42D6-A51B-31E4BF57C49B

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Docusign Envelope ID: 3531E7A3-5555-42D6-A51B-31E4BF57C49B Doug Grove
President

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Docusign Envelope ID: 3531E7A3-5555-42D6-A51B-31E4BF57C49B

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Docusign Envelope ID: 3531E7A3-5555-42D6-A51B-31E4BF57C49B

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Docusign Envelope ID: 3531E7A3-5555-42D6-A51B-31E4BF57C49B

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-1-
AMENDMENT NO. 1 TO

THE DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARICHITECTS - PLANNERS, INC. FOR THE

SECCOMBE LAKE PARK REVITILIZATION PROJECT
This Amendment No. 1 to the Design Services Agreement is made and entered into as of March 20, 2024 ("Effective Date"), by and between the City of San Bernardino, a charter city and municipal corporation ("City") and RHA Landscape Architects - Planners, Inc., a California corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated, September 21, 20 22, for the purpose of design services for the Seccombe Lake Park Revitalization P roject ( the "Original Agreement") .

B. WHEREAS, the Parties now desire to amend the Original Agreement in to include additional services and to provide compensation for the additional services.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, as previously a mended, the Parties mutually agree a s follows:

AGREEMENT

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

2. Services. The Scope of Services for the Original Agreement is hereby amended to include additional services as more particularly described in Exhibit “A -1”, attached hereto to this Amendment No. 1 and incorporated herein by this reference.

3. Compensation. The total not to exceed compensation amount shall be increased by Fifty-Three Thousand Dollars ($53,000) increasing the total not to exceed compensation amount from Five Hundred Thirty -Seven Thousand Eight Hundred Fifty-Five Dollars ($537,855) to Five Hundred Ninety Thousand Eight Hundred Fifty-Five Dollars ($590,855).

4. Full Force . Except as amended by this Amendment No. 1, all provisions of the Original Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81

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-2-
force and effect and shall govern the actions of the Parties under this Amendment No. 4.

5. Electronic Transmission . A manually signed copy of this Amendment No. 4 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

6. Counterparts. This Amendment No. 1 may be signed in
counterparts, each of which shall constitute an original.

[SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81

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-3-

SIGNATURE PAGE TO
AMENDMENT NO. 1 TO

DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO CONSULTANT

APPROVED BY: RHA LANDSCAPE
ARCHITECTS PLANNERS, INC.

Charles A. Montoya,
City Manager Signature

APPROVED AS TO FORM: Name

Best Best & Krieger LLP
City Attorney
Title
DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81 Doug Grove
President

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EXHIBIT A-1

SCOPE OF ADDITIONAL SERVICES
[ATTACHED}
DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81

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DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81

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DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81

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Attachment 3

Seccombe Lake Park
600 ft
N ➤ ➤
N

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: March 4, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Authorization to Proceed with Lease Renewal Negotiations with the YMCA of the East Valley for 808 E. 21 st Street (Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to proceed with lease renewal negotiations with the YMCA of the East Valley for the property located at 808 E. 21st Street.

City Manager's Comments
Based on the current lease, the City Manager is signing the 5 year extension allowed in the current lease. The City Manager additionally requests City Council authorization to negotiate a long-term lease extension based on the opportunity for the YMCA to receive outside funding for significant improvements to the facility if they have a long- term lease. This is a unique lease for the City due to the YMCA having a land lease with the City, and the YMCA owning the building on the land.

Executive Summary
The YMCA of the East Valley currently leases the property located at 808 E. 21st Street and has recently notified the City of its desire to enter into a new long-term lease for the property. The City’s newly adopted Leasing Policy requires Council authorization for City staff to proceed with renewal negotiations. As part of this process, a Conceptual Renewal Proposal is being submitted to the Mayor and City Council in the form of this staff report. The proposal summarizes the existing lease with the YMCA of the East Valley, identifies any anticipated changes to the material terms of the agreement, describes the public benefit to the City, and discloses any known community, political, or public-interest considerations associated with the lease. If authorized to proceed, City staff will negotiate a lease renewal consistent with Council direction and return to the City Council for approval of the final lease agreement.

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Background
On May 13, 1960, the City partnered with the Young Men’s Christian Association (YMCA) of San Bernardino to provide a variety of recreational, cultural, and educational programs to San Bernardino residents at the facility located at 808 E 21st Street, San Bernardino, CA 92404. The partnership took the form of a fifty (50)-year lease, with the YMCA of San Bernardino paying a lease rate of $1.00 per year. In return, the YMCA of San Bernardino has been responsible for operating and maintaining the facility at their sole expense.

Since the 1960 lease, the City has renewed its lease with the YMCA of San Bernardino several times, including the following:
On June 20, 2005, the existing lease agreement was terminated prior to its expiration date, and a new five (5)-year lease agreement was approved by the Mayor and City Council. This was done to reflect the new legal corporate name of the organization, which became YMCA of the East Valley (herein referred to as “YMCA”) after the YMCA of San Bernardino merged with the Redlands Family YMCA. The new lease became effective on January 1, 2006, and was set to expire on December 31, 2010.
On December 20, 2010, the Mayor and City Council extended the lease by sixty (60) days, extending the termination date to March 1, 2011. On February 7, 2011, a five (5)-year extension was approved by the Mayor and City Council, establishing a new lease term of March 1, 2011, through March 1, 2016.
On March 21, 2016, the Mayor and City Council approved a new ten (10)-year lease agreement with a termination date of March 1, 2026. As part of the terms of the lease, an extension option was provided to the YMCA under Section 5 of the agreement as follows:

CITY gives to LESSEE the option to extend the term of the LEASE for an additional five (5) years on the same provisions and conditions, including rent, following expiration of the INITIAL TERM by LESSEE giving notice of its intention to exercise the option to CITY prior to the expiration of the preceding term or during any holding over pursuant to SECTION 7, HOLDING OVER.

In December 2025, the YMCA notified the City of its intention to exercise its five (5)- year extension option in accordance with Section 5 of the current lease agreement.

The extension option was executed by the City Manager in February 2026, and the current lease now expires on March 1, 2031. Additionally, the YMCA notified the City of its desire to negotiate and establish a new long-term lease agreement with the City, with a term commencing at the end of the current five (5)-year extension period.

On March 18, 2026, the Mayor and City Council adopted Resolution No. 2026-017, approving a standardized policy for city-owned leases. The purpose of this policy is to establish uniform procedures governing the approval of new leases and lease renewals

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of City-owned real property. Additionally, the policy ensures that the City Council makes an affirmative policy determination, prior to negotiations, as to whether an existing lease should be renewed or whether the City should pursue competitive alternatives.

Discussion
The YMCA recently notified the City of its desire to enter into a new long-term lease agreement for the property located at 808 E. 21 st Street. As required by the newly adopted City of San Bernardino Leasing Policy, a Conceptual Renewal Proposal is being submitted to the Mayor and City Council for consideration prior to any negotiations with the existing lessee. The Conceptual Renewal Proposal is provided below and summarizes the existing lease, identifies any anticipated changes in material terms of the agreement, describes the public benefit to the City, and discloses any known community, political, or public-interest considerations associated with the lease. Following the presentation of the Conceptual Renewal Proposal, the City Council shall, by motion, determine whether:
(a) The City should proceed with renewal negotiations with the existing lessee; or (b) The City should decline the renewal and direct staff to initiate a Request for Proposals for the property.

If the City Council authorizes renewal negotiations with the YMCA, City staff will negotiate a renewal that is consistent with Council direction. City staff will then return to Council with final lease documents for approval prior to execution.

Current Lease Summary
The City’s current lease with the YMCA is for a portion of Perris Hill Park located at 808 E. 21 st Street, San Bernardino, CA 92404 (parcels 0147-031-16 and 0147-031- 12). This is a ground lease in which the City owns the land and the YMCA owns and maintains the building located on the property. The lease has a total term length of fifteen (15) years, which includes an initial ten (10)-year term and a five (5)- year extension option. The property is leased at a rate of $1.00 annually, where the YMCA is responsible for the following at its sole expense:
All maintenance, repairs, and groundskeeping.
All utilities and related costs.
Obtaining and maintaining all required insurance coverages. Adhering to all ADA, health, safety, fire, and building code requirements.

Additionally, the current lease allows the YMCA to modify the existing building structures on the premises, as well as place modular units on the leased property to serve as offices, classrooms, or similar uses. All alterations and additions are to be made at the sole expense of the YMCA, and all permit acquisitions and utility line installations are the sole responsibility of the YMCA.

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Anticipated Changes in Material Terms
There are no anticipated changes in material terms at this time. All previous lease agreements with the YMCA for 808 E. 21 st Street maintained similar provisions regarding the lease rate and the roles and responsibilities of the lessee. The only term that varied substantially among the agreements was the length of each lease, ranging from a five (5)-year lease approved in 2005 to a fifty (50)-year lease approved in 1960.

The most recent lease agreement with the YMCA was a ten (10)-year lease with a five (5)-year extension option for a total potential lease term of fifteen (15) years.

Public Benefit to the City
Since the establishment of the initial 1960 lease, the YMCA has provided the residents of San Bernardino with recreational, cultural, and educational programming. In the past year, the YMCA has delivered the equivalent of $15 million in community benefit programs and services to the East Valley region, serving 8,000 children in afterschool programs and providing 8,827 members with scholarships. The YMCA seeks to enhance its existing services by making additional building improvements to better engage and connect with the children they serve each day.

Community, Political, and/or Public-Interest Disclosures The YMCA has not made any campaign contributions to any elected official of the City of San Bernardino based on a review of all applicable Fair Political Practices Commission (FPPC) forms. This review includes the YMCA of the East Valley’s President and CEO, Brandi Collato; Board Chair, Tyler Miner; and all Board Members.

Strategic Targets and Goals
Authorizing lease renewal negotiations with the YMCA aligns with Key Strategic Target and Goal No. 3: Improved Quality of Life. Renewing a long-term lease with the YMCA will allow the organization to continue to provide community benefit programs and services to the residents of San Bernardino.

Fiscal Impact
There is no fiscal impact associated with this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City manager to proceed with lease renewal negotiations with the YMCA of the East Valley for the property located at 808 E. 21st Street.

Attachments
Attachment 1 – Resolution No. 2016-048
Attachment 2 – Lease Agreement with YMCA of the East Valley Attachment 3 – City of San Bernardino Leasing Policy
Ward:

Second Ward

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Synopsis of Previous Council Actions:

May 13, 1960 The Mayor and City Council adopted Resolution No. 5593 authorizing the execution of a fifty (50)-year lease with the Young Men’s Christian Association (YMCA) of San
Bernardino for a portion of Perris Hill Park.

January 16, 1961 The Mayor and City Council adopted Resolution No. 5813 authorizing the execution of a first amendment to the lease with the Young Men’s Christian Association (YMCA) of San Bernardino.

February 28, 1966 The Mayor and City Council adopted Resolution No. 8054 authorizing the execution of a second amendment to the lease with the Young Men’s Christian Association (YMCA) of San Bernardino.

June 20, 2005 The Mayor and City Council adopted Resolution No. 2005- 222 authorizing the execution of a five (5)-year lease with YMCA of the East Valley for a portion of Perris Hill Park.

December 20, 2010 The Mayor and City Council adopted Resolution No. 2010- 396 authorizing the first amendment to the lease agreement with the YMCA of the East Valley extending the term of the lease by sixty (60) days.

February 7, 2011 The Mayor and City Council adopted Resolution No. 2011-24 authorizing the execution of a second amendment to the lease agreement with the YMCA of the East Valley to extend the term of the lease for one additional five-year term.

March 21, 2016 The Mayor and City Council adopted Resolution No. 2016- 048 authorizing the execution of a ten (10)-year lease and five (5)-year extension option with YMCA of the East Valley for a portion of Perris Hill Park.

March 18, 2026 The Mayor and City Council adopted Resolution No. 2026- 017 approving a standardized policy for city-owned leases.

CC: Eric Levitt, City Manager

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1 RESOLUTION NO. 2016- 48
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 3 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE 4 WITH YMCA OF THE EAST VALLEY FOR A PORTION OF PERRIS HILL PARK. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and 8 9
directed to execute the lease agreement with the YMCA attached hereto as Exhibit " A" and lo incorporated herein by this referenceasthough set forth at length. 11 SECTION 2. This authorization shall expire and be null and void if the lease agreement 12 is not executedby all parties within sixty (60) days. 13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN

BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE 2 WITH YMCA OF THE EAST VALLEY FOR A PORTION OF PERRIS HILL PARK. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6 21" day of March, 2016, by the following vote, to wit:
7 8
Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ x-
10 BARRIOS X
11 VALDIVIA X
12 SHORETT X
13 14 NICKEL X
15 RICHARD X
16 MULVIHILL X
17 18 Georgea Hanna, CMC, City Clerk
19 of MarchThe foregoing Resolution is hereby approved this day 16. 20 21
22 R. Carey D94s, Mayor
City of San Bernardino
23 Approved as to form:

Gary D. Saenz, City Attorney
24 25 By:
26 27
28 2

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2016- 48

LEASE AGREEMENT
CITY OF SAN BERNARDINO and YMCA OF THE EAST VALLEY
CITY: CITY OF SAN BERNARDINO
300 North" D" Street
San Bernardino, CA 92418
LESSEE: YMCA OF THE EAST VALLEY
500 E. Citrus Ave.

Redlands CA 92373
ADDRESS: San Bernardino Family YMCA
808 E. 21s' St.

San Bernardino CA 92404
TERM OF LEASE: 10 years with 5 year option to extend COMMENCEMENT: March 1, 2016

LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN

BERNARDINO FACILITY

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1. PARTIES.

This Lease AGREEMENT ( the " AGREEMENT") is entered into this21st day of March , 2016, BY AND BETWEEN
theCityof SanBernardino, a CharterCityorganizedunderthelawsof theStateof California, with an address of 300 N. " D" Street, San Bernardino, California ( the CITY");
AND,
YMCA OF THE EAST VALLEY, a California nonprofit public benefit corporation, ( the LESSEE") ( individually CITY or LESSEE may be referred to as a " PARTY" and collectivelyCITYandLESSEEmaybereferredtoasthe "PARTIES") WHO AGREE AS FOLLOWS:

2. PREMISES LEASED.

CITYownscertainrealpropertywithAssessor'sParcelNumbers0147-031-16and0147-031-12 located at 808 East 21s' Streetin theCityof SanBernardino, Countyof SanBernardino, Stateof California (" FACILITY"). CITY leases to LESSEE and LESSEE leases from CITY a portion of the FACILITY as depicted on the map attached as Exhibit" A" (" PREMISES").

3. TERM.

The AGREEMENT' s initial term (" INITIAL TERM") shall commence on March 1, 2016 (" COMMENCEMENT DATE") and end on March 1, 2026 ENDING DATE").

4. RENT.

4. 1 LESSEEshallpayto CITY thefollowingrentalpaymentsin advanceonthefirst dayof Marchof eachyear, commencingon COMMENCEMENTDATE, and continuingyearlythroughtheINITIAL TERM:

Annual Payment of$ 1. 00.

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4. 2 Rent for any year shall be paid in full. CITY shall accept all rent and other payments from LESSEE under this AGREEMENT via electronic funds transfer directly deposited into the CITY' s designated checking or other bank account.

CITY shall provide to LESSEE all directions, information, and forms necessaryto process EFT payments.

5. OPTION TO EXTEND TERM.

CITY gives to LESSEE the option to extend the term of the LEASE for an additional five ( 5) years on the same provisions and conditions, including rent, following expiration of the INITIAL TERM, by LESSEE giving notice of its intention to exercise the option to CITY prior to the expiration of the preceding term or during any holding over pursuant to SECTION 7, HOLDING OVER.

6. RETURN OF PREMISES.

The LESSEE agrees that it will, upon termination of this AGREEMENT, return the PREMISES in as good condition and repair as the PREMISES now are or shall hereafter be put; reasonable wear and tear excepted.

7. HOLDING OVER.

In the event the LESSEE shall hold over and continue to occupy the PREMISES with the consent of the CITY, whose consent shall only be given in writing and in the sole discretion of CITY, the tenancy shall be deemedto be a tenancy from month-to-month upon the sameterms and conditions, including rent, as existed and prevailed at the time of the expiration of the term of this AGREEMENT.

8. TAXES.

CITY shall pay all real property taxes, and general and special assessments levied and assessed against the PREMISES.

9. USE.

LESSEE shall occupy and use the PREMISES during the term hereof exclusively for recreational, cultural, and educational activities of the YMCA of the East Valley/ San Bernardino.

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10. HEALTH, SAFETY, AND FIRE CODE REQUIREMENTS.

LESSEE shall, at its sole expense, ensure that the PREMISES meets the applicable requirements of allHealth, Safety, FireandBuildingCodes, statutes, regulationsandordinancesforpublicand governmental buildings including any requirements for a notice of completion, certificate of occupancy, or California Title 24 requirements and ensure that the PREMISES meets the applicable requirements of the Americans with Disabilities Act(" ADA").

11. SIGNS.

LESSEEwill displayfrom windowsand/or marqueeof the PREMISESonly suchsignor signs as arenot prohibited by law.

12. MAINTENANCE.

12. 1 LESSEE shall, at its sole expense, perform such inspections, maintenance and repairsarenecessaryto ensurethatall portionsof thePREMISES, includingbut not limited to the following, are at all times in good repair and safe condition:

12.1.1 The structural parts of the building and other improvements that are a part of the PREMISES, which structural parts include the foundations, bearing and exterior walls ( including glass and doors), subflooring, and roof; and,

12.1.2 The electrical, plumbing, andsewagesystems, including, exceptingthose portions of the systems owned or controlled by CITY lying outside the PREMISES; and,

12. 1. 3 Window frames, gutters, and downspouts on the building and other improvements that are a part of the PREMISES; and,

12. 1. 4 Heating, ventilation and air conditioning ( HVAC) systems servicing the PREMISESincluding changingheatingandair-conditioningfilters every four( 4) months; and,

12.1.5 The grounds, includingall parkingareasandoutsidelighting, grass, trees, shrubbery and other flora; and,

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12.1.6 Janitorial services, including keep the interior of the PREMISES in a clean and orderly condition, reasonable wear and tear excluded, and undertake minor maintenance of the interior PREMISES such as unstoppage of toilets and changing of light bulbs and servicing of the fire extinguishers or anyotherfire suppressionequipmentattachedto thefacility.

12. 2 LESSEE shall at regular intervals, but no lessthan monthly, conduct an inspection of the PREMISES to determine if any maintenance or repair is necessary. If LESSEE discovers a condition requiring maintenanceor repair, LESSEE shall use its best efforts to diligently commencethe performanceof its maintenanceor repair obligations within a reasonable time.

13. ALTERATIONS.

Uponthirty (30) days' noticeto theCITYandwiththeCITY'sconsent, whichshallbegivenin writing at the sole discretion of CITY, LESSEE may place modular units to serve as office and classroomspace, or modify existingbuilding structuresonthePREMISES, but solelyatexpense of LESSEE. Any and all permit acquisition and installation of utility lines are the sole responsibilityof the LESSEE. Upon terminationof this AGREEMENT, LESSEEshallremove said modules at its own expenseand leave the PREMISES in the samecondition it was at the time such modules were placed there, unless the PARTIES mutually agree to maintain the modules on the PREMISES.

14. FIXTURES.

LESSEEshall havethe right during the term(s) of this AGREEMENT to install shelvingand fixtures, and make interior, non- structural improvements or alterations on the PREMISES. Such shelving, fixtures, improvements, andalterationsshallremainpropertyof the LESSEEandmay be removed by the LESSEE during the term(s) of this AGREEMENT or within a reasonable time thereafter, provided that the LESSEE restores the PREMISES to the condition as it existed at the commencement of this AGREEMENT, reasonable wear and tear excluded, or the LESSEE mayelect, with CITY' s written consentto begivenat CITY' s solediscretion, to surrenderall or any part of such shelving, fixture, improvementsand alterations, to the CITY, in which case LESSEE shall have no duty to restore the PREMISES.

15. UTILITIES.

LESSEE shall furnish to the PREMISES and LESSEE shall pay all service charges and related taxes for electric, gas, water, sewer, trash, fire alarm service and all other utilities including security, telephone, cable, and internet services.

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16. HOLD HARMLESS.

LESSEEagreesto and shall indemnify and hold the CITY, its electedofficials, employees, agents, or representatives, freeandharmlessfromall claims, actions, damagesandliabilitiesof anykindandnaturearisingfrombodilyinjury, includingdeath, orpropertydamage, basedor asserteduponanyactualor allegedactor omissionof LESSEE, its employees, agents, or subcontractors, arising, relatingto, or in anywayconnectedwith theperformanceunderthis AGREEMENT, unlessthe bodily injury or propertydamagewasactuallycausedby the sole negligenceof theCITY, itselectedofficials, employees, agentsorrepresentatives. Aspartof the foregoing indemnity, LESSEE agrees to protect and defend at its own expense, including attorney'sfees, theCITY, itselectedofficials, employees, agentsorrepresentativesfromanyand all legal actions based upon such actual or alleged acts or omissions. LESSEE hereby waives anyandallrightstoanytypesofexpressorimpliedindemnityagainsttheCITY, itselected officials, employees, agentsor representatives, with respectto third party claims againstthe LESSEErelatingto or in any way connectedwith the accomplishmentof the work or performance of services under this AGREEMENT.

17. INSURANCE.

17. 1 CITY is a self-insuredpublicentityfor the purposesof professionalliability, general liability, and workers' compensation.

17. 2 LESSEE shall obtain and maintain during the life of this AGREEMENT all of the following insurance coverage:

17. 2. 1 Comprehensive general liability, including premises- operations, products/ completed operations, broad form property damage, blanket contractualliability, personalinjury with a policy limit of not lessthan One Million Dollars ($ 1, 000, 000. 00), combined singles limits, per occurrence and aggregate.

17.2.2 Automobile liability for ownedvehicles, hired, andnon-ownedvehicles, with a policy limit of not less than One Million Dollars ($ 1, 000, 000. 00), combined single limits, per occurrence and aggregate.

17.2.3 Worker'scompensationinsuranceasrequiredby theStateof California.

17.3 Thecomprehensivegeneralliabilityinsurancepolicyshallcontainor beendorsed to contain the following provisions:

LEASEAGREEMENTBETWEENTHECITY OFSANBERNARDINOANDYMCA FORYMCA SAN

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17. 3. 1 Additional insureds: " The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."

17. 3. 2 Notice: " Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty ( 30) days after written notice is given to City."

17. 3. 3 Other insurance: " Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy."

17.4 LESSEE shall provide to CITY certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approvedby CITY, prior to performing any servicesunder this AGREEMENT.

17. 5 Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained within this AGREEMENT, or the extent to which LESSEEmay be held responsiblefor paymentsof damagesto personsor property.

18. DESTRUCTION OF PREMISES.

18. 1 During the term(s) of this AGREEMENT, if any casualty renders a portion of the PREMISES unusable for the purpose intended, then LESSEE shall, at LESSEE' s sole expense, restore the PREMISES and repair any damages caused by such casualtyassoonasreasonablepossibleandthis AGREEMENT shallcontinuein full force and effect unless such casualty was causedby Flood or Earthquake.

18. 2 In the event there is a destruction of a portion of the PREMISES as set out in Subsection 18. 1 above, there shall be an abatement or reduction in the rent between the date of the destruction and the date of completion of the restoration or the date of the termination of the AGREEMENT, whichever comes first.

18. 3 In the event the LESSEE is required to restore PREMISES as provided in Subsection 18.1 above, LESSEE shall not be required to restore any structure or exterior improvements or alterations made to the PREMISES by LESSEE pursuant to Section 13, Alterations above or any shelving, fixtures, or interior nonstructural improvements or alterations made by LESSEE pursuant to Section 14, Fixtures above.

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18. 4 It is the purpose and intent of Subsections 18. 1 through 18. 4, inclusive, to determine what PARTY shall bear the initial responsibility for restoration of the PREMISES in the event of any such destruction and not to determine the PARTY ultimately responsible for the costsof suchrestoration.

19. DEFAULT.

Except where another time limit is specifically provided, either PARTY shall be in default of this AGREEMENT if the PARTY fails or refuses to perform any material provisions of this AGREEMENT and such failure or refusal to perform is not cured within thirty ( 30) days following thePARTY's receiptof written noticeof defaultfrom theotherPARTY. If thedefault cannot be reasonably cured within thirty ( 30) days, the PARTY shall not be in default of this AGREEMENT if the PARTY commencesto cure the default within the thirty ( 30) day period anddiligently and in good faith continuesto cure the default.

20. REMEDIES ON DEFAULT.

Either PARTY, at any time after the other PARTY is in default, can terminate this AGREEMENT immediately upon written notice to the other PARTY.

21. LESSEE' S DEFAULT.

In addition to Section 19 above, the occurrence of any one or more of the following events shall constitute an immediate default and breachof this AGREEMENT by LESSEE:

21. 1 The vacating or abandonmentof the PREMISES by LESSEE.

21. 2 The failure of LESSEE to pay of rent.

21. 3 It is not the purpose of this section to extend the notice requirements of the unlawful detainer statutes in California.

22. CITY' S REMEDIES ON LESSEE' S DEFAULT.

It is not the purpose of this section to extend the notice requirements of the unlawful detainer statutes in California. The remedies contained herein are in addition to, and not in lieu of, any other remedies available to CITY under relevant state law. In the event of any default by LESSEE, which is not cured by LESSEE, CITY may, at its election, terminate this AGREEMENT immediately.

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23. CITY' S ACCESS TO PREMISES.

CITY and its authorized representatives shall have the right to enter the PREMISES at all reasonabletimes for any of the following conditions:

23. 1 To determine whether the PREMISES are in good condition; and,

23. 2 To do any necessarymaintenanceand to make any restoration to the PREMISES that CITY has the right or obligation to perform; and,

23. 3 To serve, post, or keep postedany notices required by law; and,

23. 4 To post " for sale" signs at any time turning the term, to post " for rent" or " for lease" signs during the last three (3) months of the term; and,

23. 5 To show the PREMISES to prospective brokers, agents, buyers, tenants, lenders or personsinterestedin anexchange, at anytime duringtheterm; and,

23. 6 For any other lawful purpose.

CITY shall conduct its activities on the PREMISES as allowed in this section in a manner that will reduce possible inconvenience, annoyance, or disturbance to LESSEE.

24. NOTICES.

Any notices, documents, correspondence, or other communication concerning this AGREEMENTor theservicesprovidedhereundermaybeprovidedby personaldeliveryor U.S.

Mail. If personally delivered the notice shall be deemed delivered at the time of the personal delivery. If sentby U.S. Mail the noticeshall be deemeddeliveredforty-eight (48) hoursafter deposit in the U.S. Mail asreflected by the official U.S. postmark.

TO THE CITY: TO THE LESSEE:

City of San Bernardino YMCA OF THE EAST VALLEY
Office of the City Manager
300 N. " D" Street 500 E. Citrus Ave.

San Bernardino, CA 92418 Redlands, CA 92373

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EitherPARTY maychangethe addressfor deliveryof noticesby sendingnoticeof thechangeto the other PARTY in conformity with this Section.

25. ASSIGNMENT.

LESSEEshallnot voluntarily or by operationof law assign, transfer, subletor encumberall or any part of the LESSEE' s interest in this AGREEMENT without CITY' s prior written consent.

Any attemptedassignment, transfer, subletting or encumbranceshall be void and shall constitute a breachof this AGREEMENT and causefor the termination of this AGREEMENT. Regardless of CITY' s consent, no subletting or assignmentshall releaseLESSEE of LESSEE' s obligation to perform all other obligations to be performed by LESSEE hereunder for the term of this AGREEMENT.

26. ENTIRE AGREEMENT.

This AGREEMENT constitutes the entire agreementand the understandingbetween the PARTIES, andsupersedesanyprior agreementsandunderstandingsrelatingto the subjectmatter of this AGREEMENT.

27. REMEDIES; WAIVER.

All remediesavailableto eitherPARTY for oneor morebreachesby the otherPARTY areand shallbe deemedcumulativeandmay be exercisedseparatelyor concurrentlywithout waiverof any other remedies.

Thedelayor failureof eitherPARTYto requireperformanceor complianceof theotherof any of its obligationsunderthis AGREEMENT shallin no waybedeemeda waiverof thoserightsto require suchperformance or compliance. No waiver of any provision of this AGREEMENT shall beeffectiveunlessmadein writing andsignedby aduly authorizedrepresentativeof thePARTY againstwhomit is sought. Thewaiver of anyright or remedywith respectto anyoccurrenceor event shall not be deemeda waiver of such right or remedy with respectto any future occurrencesor eventsand shall not be deemeda continuing waiver.

28. AMENDMENT.

Noamendmentto thisAGREEMENTwill beeffectiveunlessit is in writingandsignedbyboth PARTIES.

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29. SUCCESSORS AND ASSIGNS.

This AGREEMENT shall be binding on and inure to the benefit of the PARTIES to this AGREEMENT and their respective heirs, representatives, successors, and assigns.

30. SEVERABILITY.

If any provision of this AGREEMENT is determined by a court of competent jurisdiction to be invalid 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.

31. TIME OF ESSENCE.

Time is of the essence of each provision of this AGREEMENT which specifies a time within which performance is to occur. In the absenceof any specific time for performance, performance may be madewithin a reasonabletime.

32. QUIET ENJOYMENT.

Subject to the provisions of this AGREEMENT and conditioned upon performance of all the provisions to be performed by LESSEE hereunder, CITY shall secure to LESSEE during the AGREEMENT term the quiet and peaceful possession of the PREMISES and all rights and privileges appertaining thereto.

33. PROVISIONS ARE COVENANTS AND CONDITIONS.

All provisions, whether covenants or conditions, on the part of either PARTY shall be deemed both covenants and conditions.

34. CONSENT.

Whenever consentor approval of either PARTY is required that PARTY shall not unreasonably withhold, condition, or delay such consent or approval, unless the provision providing for such consent or approval specifically provides such consent or approval may be given in the PARTY' s discretion.

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35. EXHIBITS.

All exhibits referred to areattachedto this AGREEMENT and incorporated by reference.

36. LAW.

This AGREEMENT shall be governed and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws.

37. VENUE.

The parties hereto agree that all actions or proceedings arising in connection with this AGREEMENT shall be tried and litigated either in the Superior Court of the State of California for theCountyof SanBernardino. Theaforementionedchoiceof venueis intendedby theparties to be mandatory and not permissive in nature.

38. ATTORNEY' S FEES AND COSTS.

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 reasonableattorneys' fees, incurred by the prevailing party in the exerciseof any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expensesof the City Attorney and members of his/her office in enforcing this AGREEMENT on behalf of the CITY shall be considered as " attorneys' fees" for the purposes of this section.

41. RIGHT TO TERMINATE.

This AGREEMENT may be terminated at any time by one hundred eighty ( 189) days written notice by either PARTY for any reason.

42. HEADINGS.

The subject headings of the sections of this AGREEMENT are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions.

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43. SURVIVAL.

The obligations of the PARTIES that, by their nature, continue beyond the term of the AGREEMENT, will survive the termination of the AGREEMENT.

44. ESTOPPEL CERTIFICATE.

Each PARTY within thirty ( 30) days after notice from the other PARTY shall execute and deliverto the otherPARTY, in recordableform, a certificatestatingthat this AGREEMENT is unmodifiedandin full force andeffect, or in full force andeffect asmodified, andstatingthe modifications. The certificate also shall state the date to which the rent has been paid in advance, the amount of any security deposit or prepaid rent, and that there are no uncured defaults or specifying in reasonabledetail the nature of any uncured default claimed. Failure to deliver this certificate within thirty ( 30) days shall be conclusive upon the PARTY requesting the certificate any successorto the PARTY requesting the certificate, that this AGREEMENT is in full force andeffectandhasnot beenmodifiedexceptasmayberepresentedby thePARTY requestingthe certificate, and that there are no uncureddefaultson the part of the PARTY requestingthe certificate.

45. PUBLIC RECORDS DISCLOSURE.

All informationreceivedby CITY concerningthis AGREEMENT, includingtheAGREEMENT itself, may be treated as public information subject to disclosure under the provisions of the California Public Records Act, Government Code Section 6250 et seQ. ( the " Public Records Act"). The PARTIES understand that although all materials received in connection with this AGREEMENTareintendedfor the exclusiveuseof the PARTIES, they arepotentiallysubject to disclosure under the provisions of the Public Records Act.

46. CONDITION OF PREMISES.

The CITY makes no warranty as to the condition of the PREMISES on COMMENCEMENT DATE or the PREMISES' suitability for a particular use. LESSEE agreesthat it has not relied upon any representation by CITY as to the condition of the PREMISES or the PREMISES' suitabilityfor aparticularusewhendeterminingwhetherto enterinto this AGREEMENT.

47. CONDEMNATION.

If any legally, constituted authority condemnsthe PREMISES or such part thereof which shall make the PREMISES unsuitable for leasing, this AGREEMENT shall ceasewhen the public authority takes possession, and CITY and LESSEE shall account for rental as of that date. Such

LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN

BERNARDINO FACILITY

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termination shall be without prejudice to the rights of either PARTY to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither PARTY shall have any rights in or to any award madeto the other by the condemning authority.

48. MATERIAL REPRESENTATION.

If during the course of the administration of this AGREEMENT, a PARTY determines that the other PARTY has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the PARTY, this AGREEMENT may be immediatelyterminated. If this AGREEMENT is terminatedaccordingto this section, the terminating PARTY is entitled to pursue any available legal remedies.

49. INTERPRETATIONS.

The PARTIES have participated jointly in the negotiation and drafting of this AGREEMENT. In the event an ambiguity or question of intent or interpretation arises with respect to this AGREEMENT, this AGREEMENT shall be construed as if drafted jointly by the PARTIES and in accordancewith its fair meaning. Thereshallbe no presumptionor burdenof proof favoring or disfavoring any Party by virtue of authorship of any of the provisions of this AGREEMENT.

50. COUNTERPARTS.

This AGREEMENT may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission or by e- mail delivery of a ". pdf' format data file, such signatureshall createa valid and binding obligation of the PARTY executing ( or on whose behalf such signature is execute) with the same force and effect as if such facsimile or". pdf' signature page were an original thereof.

51. CORPORATE AUTHORITY.

Each person executing this AGREEMENT on behalf of the PARTIES hereto warrant that they are duly authorized to executethis AGREEMENT on behalf of said PARTIES and that by doing so, the PARTIES hereto are formally bound to the provisions of this AGREEMENT.

52. ORDER OF PRECEDENCE.

In the event of any inconsistency or conflict in this AGREEMENT and any of the attached Exhibits or Attachments, the terms set forth in this AGREEMENT shall prevail.

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53. FORCE MAJEURE.

A PARTY shall not be liable for any failure or delay in the performance of this AGREEMENT for theperiodthat suchfailure or delayis dueto causesbeyondits reasonablecontrol, including but not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or any other force maj eure event.

54. COMPLIANCE WITH LAW.

LESSEE agreesto abide by all federal, state, and local laws, ordinancesand regulations.

55. NON- DISCRIMINATION.

In the performance of this AGREEMENT, use of the PREMISES, and in the hiring and recruitment of employees, LESSEE shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law.

56. REGULATORY AUTHORITY.

LESSEE acknowledges and agreesthat CITY, acting not as landlord but in its governmental regulatory capacity, has certain governmental regulatory authority over the PREMISES and nothingin this AGREEMENTbindstheCITY to exerciseits discretionarygovernmental authority in any particular manner. LESSEE, in the use and operation of the PREMISES, shall at all times comply with all applicable laws in the performance of this AGREEMENT and agrees that" all applicablelaws" asusedhereinincludesanylegalrequirementimposedby CITY acting not aslandlord but in its capacity as a governmental regulatory body. LESSEE agreesthat all costsin complying with applicable laws arethe sole responsibility of LESSEE.

Signature Page Follows]

LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN

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LEASE AGREEMENT
CITY OF SAN BERNARDINO and YMCA of the East Valley
CITY OF SAN BERNARDINO: LESSEE:
ke a
Mark Scott, City Manager
Its: Chief Executive Officer
DATE: DATE:
f
3 —
APPROVED AS TO FORM:

GARY D. SAENZ, City Attorney
By:

L )

LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA FOR YMCA SAN

BERNARDINO FACILITY

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55600.00100\44581396.1

CITY OF SAN BERNARDINO

LEASING POLICY

1. Purpose and Scope
The purpose of this Policy is to establish uniform procedures governing the approval of new leases and lease renewals of City-owned real property and wireless communication towers/sites where the City acts as lessor, in order to promote transparency, open competition, fiscal accountability, and City Council oversight. This policy is further intended to ensure that the City Council makes an affirmative policy determination, prior to negotiations, as to whether an existing lease should be renewed or whether the City should pursue competitive alternatives.

This policy applies to all leases, licenses, and similar agreements for the use or occupancy of City-owned real property, unless exempted by state law, emergency action, grant requirements, or express City Council direction.

No new lease or lease renewal shall be executed unless processed in accordance with the two-step procedure set forth in this Policy and approved by the City Council. City Council approval shall not be deemed as a waiver of any permit, approval, or compliance with applicable governmental laws or regulations.

2. Lease Renewals – City Council Conceptual Authorization For any proposed renewal of an existing lease, prior to any negotiations with the existing lessee or preparation of final lease documents, City staff shall submit a Conceptual Renewal Proposal to the City Council for consideration.

The Conceptual Renewal Proposal shall summarize the existing lease, identify any anticipated changes in material terms, describe the public benefit to the city, and disclose any known community, political, or public-interest considerations associated with the lease. The Conceptual Renewal Proposal shall not constitute a negotiated agreement and shall not bind the City or the lessee.

Following presentation of the Conceptual Renewal Proposal, the City Council shall, by motion, determine whether:
(a) the City should proceed with renewal negotiations with the existing lessee; or
(b) the City should decline the renewal and may direct staff to initiate a Request for Proposals for the property.

3. Renewal Negotiation Authority

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If the City Council authorizes renewal negotiations with the existing lessee, staff may negotiate a renewal consistent with Council direction. Any negotiated renewal shall be subject to final City Council approval prior to execution.

4. New Leases
For any proposed new lease of City-owned real property, prior to the commencement of negotiations, City staff shall submit a Conceptual Lease Proposal to the City Council for consideration.

The Conceptual Lease Proposal shall describe the proposed use of the property, the anticipated term and general business terms, the public benefit to the City, and any known community, political, or public-interest considerations. The Conceptual Lease Proposal shall not constitute a negotiated agreement and shall not bind the City or any prospective lessee.

Following presentation of the Conceptual Lease Proposal, the City Council shall, by motion, determine whether:
(a) the City should proceed with the negotiations for the proposed new lease; or
(b) the City should decline to proceed with the proposed lease and issue a Request for Proposals.

Any lease resulting from Conceptual Lease Proposal or a Request for Proposals shall be subject to final City Council approval prior to execution.

5. Solicitation Procedures
All Requests for Proposals and related solicitations shall be conducted electronically using the City’s authorized procurement platform. Solicitation processes shall be open, competitive, and conducted in a fair and impartial manner. The City may invite specific qualified vendors to participate while also allowing open electronic solicitation. Local business preference and supplier diversity provisions shall be applied where permitted by law.

6. Exemptions.

This Policy shall apply to all leases, licenses, and similar agreements for the use or occupancy of City-owned real property unless expressly exempted by state law or specifically exempted by action of the City Council. This Policy shall not apply to:
(a) Short-term or temporary use agreements of City property that do not convey a possessory interest, such as permits or event licenses, where authorized by ordinance or resolution;
(b) Intergovernmental agreements for the use of city property, where the city retains ownership and control, unless the City Council determines that application of this policy is warranted;

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(c) Other limited exceptions approved by the City Council on a case-by-case basis.

7. Administration.

The City Manager or designee is authorized to administer and implement this policy and to adopt administrative procedures consistent with this Policy and applicable law.

Administrative procedures shall not authorize negotiation or execution of lease renewals without prior City Council direction as required by this Policy.

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: March 4, 2026
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Department: Council Office
Subject: Designation of One or More Alternate Voting Delegates for the SCAG 2026 Regional Conference and General
Assembly in Palm Desert, CA May 7-8, 2026 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of one or more alternate voting delegates for the Southern California Association of Governments (SCAG) 2026 Regional Conference and General Assembly, scheduled for May 7–8, 2026, at the JW Marriott Desert Springs Resort & Spa in Palm Desert, California.

Executive Summary
The Southern California Association of Governments (SCAG) convenes its General Assembly annually—typically in May—to gather the official representatives of its member jurisdictions and help set the agency’s direction for the coming year. The General Assembly serves as a forum for identifying and addressing key regional policy issues.

Any city or county representative may propose a subject for study by SCAG, provided that the representative notifies the Regional Council President at least 45 days prior to the General Assembly meeting. The proposal must be submitted in the form of a resolution to the SCAG Regional Council for consideration.

Background
Founded in 1965, SCAG is a joint powers authority under California state law, established as an association of local governments and agencies that voluntarily convene as a forum to address regional issues. Under federal law, SCAG is designated as a metropolitan planning organization. Under state law, SCAG is designated as a regional transportation planning agency and a council of governments.

The SCAG region encompasses six counties (Imperial, Los Angeles, Orange,

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Riverside, San Bernardino, and Ventura) and 191 cities in an area covering more than 38,000 square miles. The agency develops long-range regional transportation plans, including a sustainable communities strategy and a growth forecast, regional transportation improvement programs, regional housing needs allocations, and a portion of the South Coast Air Quality Management Plan. SCAG’s 86-member governing board, the Regional Council, conducts the affairs of SCAG; implements the General Assembly’s policy decisions; acts upon policy recommendations from SCAG policy committees and external agencies; appoints committees to study specific problems and programs; and amends, decreases or increases the proposed budget to be reported to the General Assembly.

Discussion
The Southern California Association of Governments (SCAG) envisions serving as Southern California’s catalyst for a brighter future. Its mission is to foster innovative regional solutions that improve the lives of Southern Californians through inclusive collaboration, visionary planning, regional advocacy, information sharing, and the promotion of best practices. The mayor currently serves as the City’s designated Voting Delegate and represents the City of San Bernardino at SCAG. The appointment of one or more alternate voting delegates will ensure the city maintains full representation and voting participation during the conference and General Assembly proceedings, if needed. SCAG’s core values guide its work and commitment to the region:
Be Open and Transparent – Conduct work in a manner that is accessible, candid, collaborative, and transparent.
Lead with Integrity and Equity – Demonstrate integrity and equity while addressing the diverse needs of all people and communities throughout the region. Make an Impact – Pursue meaningful, positive, and sustained outcomes that help the region thrive.
Be Courageous – Embrace deliberate, bold, and purposeful risks that can generate innovative and valuable benefits
Cultivate Belonging – Embrace differences, foster equity, champion inclusion, and empower all individuals and communities.
2021-2025 Strategic Targets and Goals
Selecting a Voting Delegate and attending the Southern California Association of Governments (SCAG) 2026 Regional Conference and General Assembly align with Key Target No. 2: Focused, Aligned Leadership and Unified Community.

Fiscal Impact
Conference costs are covered under the 2025/2026 adopted budget. Estimated cost to attend per person including registration and lodging is approximately $1,000. The SCAG 2026 Regional Conference and General Assembly in Palm Desert, CA May 7- 8, 2026, is part of the pre-approved travel for the Mayor and City Council.

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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of one or more alternate voting delegates for the Southern California Association of Governments (SCAG) 2026 Regional Conference and General Assembly, scheduled for May 7–8, 2026, at the JW Marriott Desert Springs Resort & Spa in Palm Desert, California.

Click or tap here to enter text.

Ward:

All Wards
Synopsis of Previous Council Actions:

None.

CC: Eric Levitt, City Manager

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: March 4, 2026
To: Honorable Mayor and City Council Members
From: Vanessa Carder, Director of Parks, Recreation, and Community Services
Department: Parks, Recreation, and Community Services
Subject: Authorize Staff to Begin Statutory Due Diligence for San Bernardino County Fire – Firehouse 222 Expansion at
Bobby Vega Park (Ward 1)
Recommendation:

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

1. Authorize staff to initiate statutory due diligence for the San Bernardino County Fire – Firehouse 222 Expansion Project at Bobby Vega Park, including environmental review, title verification, and other compliance activities required under applicable state and local regulations; and

2. Direct staff to return to Council, upon completion of due diligence and subdivision of the park land, with a resolution declaring the newly created parcel as surplus land and authorizing its disposition pursuant to the Surplus Land Act provisions applicable to local agency-to-agency transfers or exchanges.

City Manager's Comments
The City Manager recommends that the City Council approve the staff moving forward on completion of a due diligence on evaluating and bringing back a subdivision of park land to allow for a transfer of property to the County for an expansion of the Fire Station 222. The transfer would occur at fair value of the land. In addition amenities to the community would be moved to continue allowing for uses of the amenities by the community.

Executive Summary
The recommended action will authorize staff to begin statutory due diligence for the proposed Firehouse 222 Expansion Project at Bobby Vega Park. This step is necessary for the project to advance to the next phase of design and development.

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The due diligence process will include environmental review, title verification, and compliance with state surplus land requirements. No formal project approval or financial commitment is being requested at this time.

Background
San Bernardino County Fire has proposed an expansion of Firehouse 222 to improve emergency response capabilities and public safety services in the surrounding community. The proposed expansion would utilize a portion of Bobby Vega Park for the new fire station facilities. Before the project can proceed to design and construction phases, the City must complete statutory due diligence to ensure compliance with applicable laws and regulations. This includes environmental review under CEQA, property title verification, and preparation of a resolution declaring the park portion of the property as Exempt Surplus Land under state law.

Discussion
The purpose of this action is to authorize staff to continue advancing the proposed new firehouse project by completing the necessary due diligence, regulatory review, and preliminary site planning associated with improvements to the Bobby Vega Park footprint.

Staff will conduct a comprehensive due-diligence review that includes evaluating compliance requirements under the Surplus Land Act and the Public Park Preservation Act, assessing potential site and operational impacts, and confirming the feasibility of proposed park modifications. This process will ensure that all statutory obligations and procedural requirements are met before the project moves forward.

Next steps will include refining project design concepts, coordinating with internal departments and external agencies, and preparing any required environmental or regulatory documentation. Staff will return to the City Council with findings, recommended actions, and any subsequent approvals needed.

This action aligns with City policies supporting enhanced public safety services, responsible land use planning, and long-term infrastructure investment. Advancing the new firehouse project supports the City’s commitment to providing adequate fire and emergency response services while maintaining compliance with state laws governing public assets.

Strategic Targets and Goals
This action aligns with Strategic Target No. 3: Improved Quality of Life, by enhancing public safety infrastructure and emergency response capabilities.

Fiscal Impact
There is no immediate fiscal impact associated with authorizing staff to begin statutory due diligence. Any future costs related to environmental review or compliance activities will be presented to Council as part of subsequent actions.

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

Attachments
Attachment 1 Site Map
Ward:

First Ward
Synopsis of Previous Council Actions:

N/A
CC: Eric Levitt, City Manager

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BOBBY VEGA PARK
163,886 SF TOTAL

NEW FIRE
STATION 222
62,991 SF

REALLOCATED AREA
10,540 SF

BOBBY VEGA PARK
181,249 SF EXISTING CITY PARK AREA
- 27,903 SF COUNTY ACQUIRED AREA
+ 10,540 SF CITY ACQUIRED AREA
163,886 SF REDUCED PARK AREA

9.6% REDUCTION IN TOTAL PARK AREA

BOBBY VEGA PARK
181,249 SF TOTAL

EXISTING FIRE
STATION 222
35,088 SF

REALLOCATED
AREA
27,903 SF

PHASE ONE

PHASE TWO

POTENTIAL LOCATION(S)

FOR RELOCATED

PICKBALL COURTS
1” = 70’

PARK PLAN
W 9TH STREET

N GARNER STREET
8TH STREET
W 9TH STREET

N GARNER STREET
8TH STREET
51’8”

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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: March 4, 2026
To: Honorable Mayor and City Council Members
From: Sandra Ibarra, Council Member, 2nd Ward
Department: Council Office
Subject: Adopt a Citywide Constitutional Rights Resolution (All Wards) – (Council Member Ibarra)

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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date: March 4, 2026
To: Honorable Mayor and City Council Members
From: Mario Flores, Council Member, 6th Ward
Department: Council Office
Subject: Consider a Resolution on Immigration Enforcement. As Part of Agenda Item, Consider a Resolution Similar to the Riverside Resolution and How it Would be Impacted by
California State law. (All Wards) - (Council Member Flores) Click or tap here to enter text.

Click or tap here to enter text.

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Mayor and City CouncilMarch 4, 2026

Mayor and City Council
March 4, 2026