Mayor and City Council
April 15, 2026

Project: City of San Bernardino
Date: Fri 2/13/26

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32 9. INSURANCE

ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
(Required Submittal)
VENDOR NAME: PHONE:

ADDRESS:

RFP F-26-1045

PROFESSIONAL DESIGN ENGINEERING SERVICES FOR CITYWIDE ADA & SECTION 504 COMPLIANCE PROGRAM DEVELOPMENT
AND IMPLEMENTATION, CIP NO. SS24-010
The Proposer shall demonstrate the willingness and ability to provide the required insurance coverage as set forth in the City requirements wit hin ten (10) calendar da ys of notification of selection for contract award. The insurance requirements are detailed below:

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)
Aviation/Drone Liability (If applicable) $1,000,000 per occurrence Cyber Liability (If applicable) $1,000,000 per per occurrence 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: ___________________
Erik Piller Executive Vice President
1/27//2026
Bureau Veritas Technical Assessments LLC (800) 733-0660 6021 University Boulevard, Suite 200, Ellicott City, MD 21043

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33 10. LITIGATION
BV does not have litigation history for any claims filed by our firm or against our firm related to the provision of Services in the last five (5) years.

In the course of our business meritless claims arise from time to time. It is the Company’s policy not to comment on any current litigation. However, without waiving its policy, the Company has no judgments, pending litigation, liens, or claims that would adversely impact the financial stability, insurability, or performance of professional services of the Company.

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34 11. OTHER INFORMATION
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
Jan-26 Feb-26 Mar-26 Apr-26 May-26 Jun-26 Jul-26 Aug-26 Sep-26 Aug-26 Sep-26 Workload Capacity - Availability
committed capacity open capacity total capacity
Key Personnel Project Role Years of
Exp
Certification /
Registration
Availability
to Project
ADA
Exp
Erik Piller Project Executive 22 - 20% ü
Michael Cunniff Program Manager 22 - 80% ü
Bryon Scott QA/QC 21 ADAC 30% ü
Justin Vang Transition Plan Manager 10 CASp 100% ü
Philip Smith Assessment Team 19 CASp 100% ü
Abel Machado Assessment Team 18 CASp 100% ü
Timothy Griffith Assessment Team 30+ CASp 100% ü
Brian Manternach Assessment Team 30+ CASp 100% ü
Availability and Capacity
BV has maintained itself as a viable, professional assessment services corporation. BV is fully staffed to manage any size project load, including simultaneous multiple site projects.

Our field staff can provide a commitment of time suitable to the needs of the proposed City program. The proposed project would be a significant one for BV, and we have the in- house resources to fully staff this project without program disruption or cost impact.

BV has 800 staff and a dedicated Asset Management team.

The regional team usually has approximately three to five concurrent assessment projects engaged that range from
400,000 SF to 1,000,000 SF. For example, currently we have three School Districts, one University, and three Municipal projects concurrently in progress. BV has a very scalable staff and can provide resources from one team to over ten teams on a project.

Availability of all key personnel is included in the chart below.

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35 Staffing
Demonstration of Record of Staffing Tasks Efficiently
and Completing Projects On Time and Within Budget
Bureau Veritas brings many years of experience delivering large-scale compliance and assessment projects across
multiple sectors and jurisdictions. BV maintains a dedicated ADA compliance and accessibility services team with
specialists in regulatory assessment, policy development, and implementation planning. We utilize proven project
management methodologies that include detailed
scheduling, resource allocation, and budget tracking to ensure efficient delivery. Our approach includes assigning experienced project managers who oversee all phases from kickoff through final deliverables, with regular milestone reviews and stakeholder communication to maintain
alignment and prevent scope creep. Bureau Veritas has
successfully completed similar ADA Self Evaluation and
Transition Plan projects for municipalities and public
agencies, consistently delivering comprehensive, audit- ready documentation within established timelines and
budgets.

Description of Community Involvement
Bureau Veritas recognizes that meaningful community
involvement is essential to developing an ADA Self
Evaluation and Transition Plan that reflects the needs
and perspectives of individuals with disabilities and
other stakeholders. Our approach includes facilitated
stakeholder engagement sessions with disability advocacy organizations, residents with disabilities, City staff, and community representatives to gather input on accessibility barriers and priorities. See our scope for public outreach (Task 6).

Description of Any Previous Involvement with the City
While Bureau Veritas has not held a contract with the City of San Bernardino – we have worked with several agencies within the County.

BV provided Public-Right-of-of-Way ADA surveys for
San Bernardino County Transportation Authority which
included 23 Cities in the County. Our survey included 74 miles of PROW in the City of San Bernardino.

BV provided CASP accessibility surveys for the County of San Bernardino.

BV has provided building plan review, building inspection, and permitting services for San Bernardino County since 2006.

BV has provided facility assessments and consulting for the San Bernardino County Housing Authority since 2014.

BV has provided facility inventory and assessments for
Copper Mountain Community College, Joshua Tree.

Statement Regarding Conflicts of Interest
Bureau Veritas certifies that it has no conflicts of interest in connection with providing ADA Self Evaluation and
Transition Plan services to the City. Our firm does not have financial, contractual, or operational relationships with entities that would compromise our objectivity or
independence in assessing the City’s ADA compliance.

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36 12. CERTIFICATION OF PROPOSAL

CERTIFICATION OF PROPOSAL
(Required Submittal)
VENDOR NAME: PHONE:

ADDRESS:

RFP F-26-1045

PROFESSIONAL DESIGN ENGINEERING SERVICES FOR CITYWIDE ADA & SECTION 504 COMPLIANCE PROGRAM DEVELOPMENT
AND IMPLEMENTATION, CIP NO. SS24-010
The undersigned hereby certifies that they are legally authorized to submit this proposal and to bind the entity on whose behalf this proposal is submitted.

The undersigned further certifies that the information contained in this proposal is true and correct to the best of their knowledge, and that the proposal is valid for a period of not less than 120 calendar days from the date of submission.
տտ This proposal includes exceptions to the RFP.

If checked, please identify the page number(s) and section(s) where exceptions appear:
տտ This proposal does not include exceptions to the RFP .

SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)
PRINT NAME: TITLE: ___________________
Bureau Veritas Technical Assessments LLC (800) 733-0660 6021 University Boulevard, Suite 200, Ellicott City, MD 21043 Erik Piller Executive Vice President
1/27/2026

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37 13. APPENDICES

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38 Packet Page. 603

39 ADA/Section 504 Self-Evaluation and Transition Plan for [Recipient Name] - Template Cover Page
I. Executive Summary
II. Acknowledgements
III. Table of Contents
IV. Designating an ADA Coordinator
A Local Public Agency (LPA) that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any actions that would be prohibited by this part. The LPA shall make available to all interested individuals the name, office address, and telephone number of the employee or employees designated pursuant to this paragraph.

V. Discrimination and Accessibility
An LPA must provide public notice about the rights of the public under the ADA and the responsibility of the LPA under the ADA. Providing notice is not a one-time requirement, but a continuing responsibility.

The ADA is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities. The ADA prohibits discrimination on the basis of disability just as other civil rights laws prohibit discrimination on the basis of race, color, sex, national origin, age, and religion. The ADA guarantees that people with disabilities have the same opportunities as everyone else to enjoy employment opportunities, purchase goods and services, and participate in state and local government programs.

VI. Establishing a Grievance Procedure and Complaint Procedure LPA with 50 or more employees are required to adopt and publish procedures for resolving grievances arising under Title II of the ADA. Grievance procedures set out a system for resolving complaints of disability discrimination in a prompt and fair manner. The grievance procedure should include:
• A description of how and where a complaint under Title II may be filed with the LPA. • If a written complaint is required, a statement notifying potential complainants that alternative. means of filing will be available to people with disabilities who require such an alternative. • A description of the time frames and processes to be followed by the complainant and the LPA. • Information on how to appeal an adverse decision.
• A statement of how long complaint files will be retained.

VII. AAcccceessssiibbiilliittyy SSttaannddaarrddss
It is important to establish and review the LPA’s guidance and standards documents for consistency with current applicable standards. State on Transition Plan what type of design standard or standards LPA adopted.

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40 VIII. IIddeenntitiffyy PPuubblliicc IInnvvoollvveemmeenntt OOppppoorrttuunniititieess LPA are required to make sure the public knows the rights that are afforded to them under the ADA. LPA must communicate and get feedback from people with disabilities while developing the Transition Plan.

The opportunity for the disabled community and other interested parties to participate in developing the Transition Plan is an integral part of the process. The dissemination of information and requests for comments can take place through awareness days, newsletters, and websites. The ability to comment must be linked with public access to information databases. Possible sources of input to the Transition Plan are activists, advocacy groups, general citizens, organizations that support the rights of the disabled, elected officials, other agencies, a Governor’s Committee on People with Disabilities or other such body, or a state ombudsman. Comments can be obtained through comment forms at meetings, transcriptions of meetings, a dedicated hotline, an e-mail address, or a postal address.

IIXX.. IIddeenntitiffyy BBaarrrriieerrss ttoo AAcccceessss • Barriers LPA is addressing.
• Action steps necessary to eliminate those barriers.
• Who is responsible for making or coordinating the changes. • What resources are needed to make the changes.

X. SScchheedduullee aanndd BBuuddggeett ffoorr IImmpprroovveemmeennttss The Transition Plan should include a schedule of improvements to upgrade accessibility in each year following the Transition Plan. Remediation work can be presented for an independent remediation program or as an integral part of regularly scheduled maintenance and improvements project.

XI. MMoonniittoorriinngg tthhee PPrrooggrreessss
Once LPA starts working on the Transition Plan, keep track of barrier removal projects. The Transition Plan is intended to be a living document, updated regularly to inform both staff and people with disabilities that progress is being made.

Adjust the template based on the recipient's specific program, activities, and requirements.

Self-Evaluation
Purpose & Scope:
• Identify barriers in programs and activities that prevents persons with disabilities from access (includes evaluation of policies/practices)
• Key – provide equivalent access to the maximum extent feasible

Transition Plan
Purpose & Scope:
• Set forth steps necessary to complete modifications identified through self-evaluation (those areas not covered in a previously developed plan)
• Provide a schedule for completing modifications.

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41 Packet Page. 606

42 Packet Page. 607

43 Packet Page. 608

44 Packet Page. 609

45 Packet Page. 610

46 Packet Page. 611

47 Packet Page. 612

48 Packet Page. 613

49

Professional Design Engineering Services for Citywide ADA & Section 504 Compliance Program Development and Implementation ADDENDUM NO. 3

ITEM 1 – Providing Inventory and Reference Documents:

The City is providing the following documents for reference purposes only to support consultants in the preparation of their proposals:

• Consultants may refer to the link: City Owned Property, which directs to the City- owned facilities and buildings map. By clicking on the shaded areas, additional information - such as parcel number, lot area - can be viewed.

• Building Detail Report (prepared by MAXIMUS, dated 2005):

This report contains detailed information on City -owned properties, including various property attributes. Please note that this report is provided as a reference only and may not be current or sufficient to be solely relied upon for assessment purposes.

City-Owned Buildings and Facilities - Excel Spreadsheet:

This spreadsheet contains an inventory of City -owned buildings and facilities for proposer reference. The information is provided for planning and estimating purposes only and may not be current or complete. Proposers shall not rely solely on this spreadsh eet and are responsible for conducting field verification and confirming applicability as part of their proposed approach.

• Pavement Condition Index (PCI) Map:

This is a compressed geographic map file (KMZ format) provided as a reference tool to assist proposers in understanding the extent, segmentation, and geographic distribution of the public right -of-way (PROW) network. The PCI Map is provided for planning an d estimating purposes only and does not replace required field verification, ADA assessments, or the development of a comprehensive ADA barrier inventory.

The above-referenced documents will be posted as separate attachments to this solicitation on PlanetBids.

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CITY OF SAN BERNARDINO
RFP F-26-1045

PROFESSIONAL DESIGN ENGINEERING SERVICES FOR CITYWIDE
ADA & SECTION 504 COMPLIANCE PROGRAM DEVELOPMENT AND
IMPLEMENTATION, CIP NO. SS24-010
February 16, 2026me
Fee Proposal
BUREAU VERITAS | ERIK PILLER
P 800.733.0660 | [email protected]

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8. FEE PROPOSAL

VENDOR QUOTE FORM
(Required Submittal)
VENDOR NAME: PHONE:

ADDRESS:

RFP F-26-1045

PROFESSIONAL DESIGN ENGINEERING SERVICES FOR CITYWIDE ADA & SECTION 504 COMPLIANCE PROGRAM DEVELOPMENT
AND IMPLEMENTATION, CIP NO. SS24-010
The undersigned hereby submits the following price quote in response to the above-referenced RFP. Pricing includes all labor, materials, equipment, transportation, and services necessary to perform the work described in the RFP .

ITEM NO. DESCRIPTION QUANTITY UNIT COST TOTAL
AMOUNT
1 Task 1 - ADA Self-Evaluation (Caltrans Finding 1) 1 LS 2 Task 2 - ADA Coordinator Public Contact Posting
(Caltrans Finding 2b) 1L S
3 Task 3 - ADA Grievance Procedure & Complaint Process
(Findings 3a, 3bi, 3c) 1L S
4 Task 4 - ADA Non-Discrimination Notice (Finding 4) 1 LS 5 Task 5 - ADA Transition Plan (Caltrans Finding 6a–6i) 1 LS 6 Task 6 - Public Involvement (Caltrans Template
Requirement) 1L S
7 Task 7 - Website Accessibility & Posting Requirements 1L S 8 Task 8 - Caltrans Submission Package (Including June
30, 2026 Online Form) 1L S
9 Task 9 - Project Management & Training 1 LS

TOTAL VENDOR QUOTE
Total Number of Additional Pages:

I declare under penalty of perjury that the information provided herein is true and correct.

SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)
PRINT NAME: TITLE: ___________________
LIC. NO: CLASSIFICATION: DIR REG. NO: _______________ 6021 University Boulevard, Suite 200, Ellicott City, MD 21043 (800) 733-0660Bureau Veritas Technical Assessments LLC
Erik Piller
1/27/2026
Executive Vice President
200632210117 PW-LR-1001150857
2 $2,960.00
$4,780.00
$1,920.00
$829,173.75
$16,520.00
$896,053.75
$17,120.00
$4,200.00
$6,400.00
$12,980.00
LLC

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FEE BREAKDOWN
The following fees include all costs associated with travel, lodging, car rental, food, tools, equipment, and all other miscellaneous expenses applicable to the work related to this project.

HOURLY RATES
Team Role Hourly Rate ($)
Project Executive $190.00
Program Manager $140.00
Project Manager I (PE/RA) $120.00
Project Manager II (PE/RA) $130.00
Quality Control Manager $135.00
Technical Report Reviewer $115.00
Administrative $80.00
BV will submit a monthly invoice inclusive of all services performed during that period. The per site fee will be established per the schedule of values provided at the program kick-off, and invoiced at the billing milestones stated below. Invoices will be payable within 30 days of receipt:

Completion of onsite assessments: 50% of per site fee Delivery of Draft Reports: 45% of per site fee Delivery of Final Reports: 5% of per site fee Upon receipt of each monthly invoice, the amount due per billing milestone is fully collectible. Please forward payments to: Accounting Department, Bureau Veritas Technical Assessments LLC, PO Box 74007289, Chicago, IL 60674-7289 or contact [email protected] to pay via credit card or to receive wiring instructions. Please ensure that BV Proposal #179822.26P or invoice number is clearly identified on all payments and correspondence for proper credit.

Please submit all draft comments to BV within 60 days of draft delivery. Unless otherwise communicated, BV will consider all drafts approved for finalization after 60 days, and the remaining balance due will be invoiced.

BUREAU VERITAS FEE BREAKDOWN 896,053.75$
A
TASK 1 ADA SELF EVALUATION PROGRAM & POLICY + TRAINING 16,520.00$ B
TASK 2 ADA COORDINATOR PUBLIC CONTACT POSTING 2,960.00$ TASK 3 ADA GRIEVANCE PROCEDURE & COMPLAINT PROCESS 4,780.00$ F2 TASK 4 ADA NON-DISCRIMINATION NOTICE 1,920.00$
TASK 5 ADA TRANSITION PLAN - SURVEY AND REPORTS 829,173.75$ FACILITY SURVEYS 99,983.75$
FACILITY REPORTS 128,310.00$
PUBLIC RIGHTS-OF-WAY SURVEY / REPORTING Per Mile Rate (x834 miles) 700.00$ 583,800.00$ E ADA TRANSITION PLAN REPORT 17,080.00$ D2
TASK 6 PUBLIC INVOLVEMENT 6,400.00$ C
TASK 7 WEBSITE ACCESSIBILITY & POSTING REQUIREMENTS 12,980.00$ TASK 8 CALTRANS SUBMISSION PACKAGE 4,200.00$
TASK 9 PROJECT MANAGEMENT & TRAINING 17,120.00$

DO NOT USE BELOW
BUREAU VERITAS HOURLY BREAKDOWN 896,053.75$
Rate Hours Sub-Total
Project Executive 190.00$ 0 -$ Program Manager 140.00$ 237 33,180.00$ Doesn’t include PROW Mngt (see PROW total) Project Manager I 120.00$ 0 -$ Project Manager II or CASp 130.00$ 1339 174,070.00$ Technical Reviewer 115.00$ 344 39,560.00$ Doesn’t include PROW Mngt (see PROW total) QC/QA Mgr, IT or Other 135.00$ 88 11,880.00$ Admin 80.00$ 256 20,480.00$ Database Development 3,000.00$
Expenses 30,083.75$
Rate Per Mile Miles
PROW Assessment (Includes Curbs) 700.00$ 834 583,800.00$

LUMP SUM TOTAL

LUMP SUM TOTAL

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OFF ON SF UNITS iPlan (1 R/W AssetCalc ( None
Asmt
Number Client # Type Facility Name SF Acres
Parking
Lot SF
Amenity
Ranking (1-
2-3) Address City, State Zip

ONSITE PM
DAYS

WRITE PM
DAYS
1 FACILITY CAROUSEL MALL PARKING STRUCTURE 444,290 2.00 2.00 Calculate By: SF 2 FACILITY CITY HALL 105,000 2.00 2.00 SF Per Day 60000 3 FACILITY CONVENTION CENTER 301 "E" St 30,650 1.00 1.00 Onsite : Write 1.00 4 FACILITY POLICE DEPARTMENT 80,000 1.50 1.50 Min Onsite 0.50 5 FACILITY POLICE ANNEX B 20,000 0.50 0.50 Max Onsite 20.00 6 FACILITY ANIMAL CONTROL OFFICE 6,430 Min Write 0.50 7 FACILITY ANIMAL CONTROL FEMALE KENNEL BUILDING 2,720 Max Write 20.00 8 FACILITY ANIMAL CONTROL FELINE KENNEL BUILDING 1,200 Round Up Nearest 0.25 9 FACILITY ANIMAL CONTROL MALE KENNEL BUILDING 1,800 Review Hours / Rep 3.00 10 FACILITY ANIMAL CONTROL HOME FINDERS KENNEL BUILDING 1,520 Access - Units 25% 11 FACILITY ANIMAL CONTROL PUPPY KENNEL BUILDING 1,910 Units Per Day 20.00 12 FACILITY ANIMAL CONTROL LIVESTOCK CORRAL 1,870 Units Onsite : Write 3.00 13 FACILITY ANIMAL CONTROL PET LICENSING & OFFICE TRAILER 1,440 14 FACILITY CITY YARD PORTABLE OFFICE- STREET DEPT. 1,060 15 FACILITY CITY YARD PORTABLE OFFICE- REFUSE DEPT. 1,330 Additive ON/OFF OFF <<< 16 FACILITY CITY YARD BLDG. 100 STORAGE/SHOP/OFFICE 9,410 % of Base Onsite 50% 17 FACILITY CITY YARD BLDG. 101STORAGE 17,365 Onsite : Write 2.00 18 FACILITY CITY YARD BLDG. 102- FACILITY MANGEMENT SHOP 17,850 Min Onsite 0.25 19 FACILITY CITY YARD BLDG. 103- STORAGE 3,865 Max Onsite 2.00 20 FACILITY CITY YARD BLDG. 104- WAREHOUSE BREAKROOM 7,000 Min Write 1.00 21 FACILITY CITY YARD BLDG. 105- STORAGE SHOP 4,000 Max Write 3.00 22 FACILITY CITY YARD BLDG. 106- SIGN SHOP/PAINT SHOP 3,200 23 FACILITY CITY YARD BLDG. 107- EQUIPMENT STORAGE 4,820 24 FACILITY CITY YARD BLDG. 108- REFUSE STORAGE 1,600 Additive ON/OFF OFF <<< 25 FACILITY CITY YARD BLDG. 110- ELECTRIC SHOP/OFFICE 4,000 % of Base Onsite 50% 26 FACILITY CITY YARD BLDG. 111- STORAGE 253 Onsite : Write 2.00 27 FACILITY CITY YARD BLDG. 113- MATERIAL STORAGE 1,120 Min Onsite 0.25 28 FACILITY CITY YARD BLDG. 115- STORAGE 1,175 Max Onsite 2.00 29 FACILITY CITY YARD BLDG. 116- CENTRAL GARAGE 1,175 Min Write 1.00 30 FACILITY CITY YARD BLDG. 118- RECORD STORAGE 1,920 Max Write 3.00 31 FACILITY CITY YARD CANOPY- HAZARDOUS WASTE 5,480
32 FACILITY CITY YARD CANOPY- PARKING 5,480
33 FACILITY CITY YARD SERVICE STATION 500
34 FACILITY CITY YARD STORAGE SHELTER 250
35 FACILITY CITY YARD STORAGE BUILDING 430
36 FACILITY CITY YARD STORAGE SHELTER (METAL) 1,010
37 FACILITY FIRE DEPARTMENT #1 22,656
38 FACILITY FIRE DEPARTMENT #1 PARKING STRUCTURE 4,182
39 FACILITY FIRE DEPARTMENT #2 4,532 0.50 0.50 40 FACILITY FIRE DEPARTMENT #3 4,318 0.50 0.50 41 FACILITY FIRE DEPARTMENT #4 5,525
42 FACILITY FIRE DEPARTMENT #4 - STORAGE SHED 242
43 FACILITY FIRE DEPARTMENT #5 4,316 0.50 0.50 44 FACILITY FIRE DEPARTMENT #6 4,318 0.50 0.50 45 FACILITY FIRE DEPARTMENT #7 3,475 0.50 0.50 46 FACILITY FIRE DEPARTMENT #8 4,332 0.50 0.50 47 FACILITY FIRE DEPARTMENT #9 3,558 0.50 0.50 48 FACILITY FIRE DEPARTMENT #10 3,168 0.50 0.50 49 FACILITY FIRE DEPARTMENT #11 6,300 0.50 0.50 50 FACILITY FIRE DEPARTMENT COMMUNICATIONS BUILDING 7,334 51 FACILITY FIRE DEPARTMENT COMMUNICATIONS BUILDING - SHOP BLDG 5,520 52 FACILITY FELDHEYM CENTRAL LIBRARY 64,880 1.50 1.50 53 FACILITY HOWARD M. ROWE LIBRARY 5,660 0.50 0.50 54 FACILITY VILLASENOR LIBRARY 7,855 0.50 0.50 55 FACILITY AL GUHIN PARK PICNIC SHELTER 324
56 FACILITY AL GUHIN PARK RESTROOM/STORAGE 840
57 FACILITY ANNE SHIRRELS PARK RESTROOM 1,830
58 FACILITY ANNE SHIRRELS PARK RESTROOM/CONCESSION 980 59 FACILITY ANNE SHIRRELS PARK PICNIC SHELTER #1 580
60 FACILITY ANNE SHIRRELS PARK PICNIC SHELTER #2 600
61 FACILITY ANNE SHIRRELS PARK PICNIC SHELTER #3 (BASEBALL FIELD) 260 62 FACILITY BLAIR PARK RESTROOM/STORAGE 1,930
63 FACILITY BLAIR PARK ELECTRICAL BUILDING 480
64 FACILITY BLAIR PARK CONCESSION/RESTROOM 1,236
65 FACILITY BLAIR PARK ANNOUNCER BOOTH #1 300
66 FACILITY BLAIR PARK ANNOUNCER BOOTH #2 340
67 FACILITY BLAIR PARK ANNOUNCER BOOTH #3 120
68 FACILITY BLAIR PARK SKATEBOARD PARK 7,610
69 FACILITY CENTER FOR INDIVIDUAL DEVELOPMENT DISABILITY OFFICE CENT 15,210 70 FACILITY CENTER FOR INDIVIDUAL DEVELOPMENT ANNEX BUILDING 1,200 71 FACILITY CENTER FOR INDIVIDUAL DEVELOPMENT COVERED WALKWAY 1,200 72 FACILITY CENTER FOR INDIVIDUAL DEVELOPMENT SHADE SHELTER 170 73 FACILITY COLONY PARK RESTROOM 660 0.50 0.50 74 FACILITY DELMANN HEIGHTS RECREATION CENTER 9,350
75 FACILITY DELMANN HEIGHTS POOL BUILDING 3,465
76 FACILITY DELMANN HEIGHTS CONCESSION/RESTROOM/ANNOUNCER BOOTH 650 77 FACILITY DEL ROSA UTILE LEAGUE CONCESSION/RESTROOM/ANNOUNCER 1,070 78 FACILITY DEL ROSA UTILE LEAGUE STORAGE BUILDING 140
79 FACILITY DEL VALLEJO PARK ANNOUNCER BOOTH 65
80 FACILITY DEL VALLEJO PARK RESTROOM/CONCESSION/STORAGE 1,060 81 FACILITY ENCANTO PARK BOYS & GIRLS CLUB 24,660
82 FACILITY ENCANTO PARK RESTROOM/CONCESSION/STORAGE 1,145 83 FACILITY ENCANTO PARK SCORERS BOOTH 65
84 FACILITY ENCANTO PARK PICNIC SHELTER 200
85 FACILITY GUTIERREZ FIELD RESTROOM/CONCESSION 800 0.25 0.25 86 FACILITY HARRISON CANYON PARK MAINTENANCE STORAGE BUILDING 145 87 FACILITY HARRISON CANYON PARK PICNIC SHELTER 420
88 FACILITY HORINE PARK RESTROOM 340 0.50 0.50 89 FACILITY HUDSON PARK RESTROOM 1,830

1.00 1.00

0.50 0.50

0.50 1.00

0.50 0.50 0.50

1.00 1.00

1.00 1.00

1.00 0.50 0.50

0.50 0.50

1.00 1.00

SITE ASSUMPTIONS
Base ADA Assessment

1.50 1.50

3.00 3.00

1.00 1.00

0.50 0.50

SITE LIST
90 FACILITY HUDSON PARK PICNIC SHELTER 625
91 FACILITY JUNIOR FOOTBALL DRESSING/RESTROOM BUILDING 1,800 0.25 0.25 92 FACILITY LA PLAZA PARK RESTROOM 275
93 FACILITY LA PLAZA PARK PERGOLA 700
94 FACILITY LYTLE CREEK PARK COMMUNITY CENTER 3,775
95 FACILITY LYTLE CREEK PARK STORAGE BUILDING #1 640
96 FACILITY LYTLE CREEK PARK RESTROOM #1 384
97 FACILITY LYTLE CREEK PARK RESTROOM #2 360
98 FACILITY LYTLE CREEK PARK PICNIC STORAGE #2 190
99 FACILITY LYTLE CREEK PARK PICNIC SHELTER 720
100 FACILITY MEADOWBROOK FIELD RECREATION CENTER 4,350
101 FACILITY MEADOWBROOK FIELD RESTROOM 785
102 FACILITY MEADOWBROOK PARK RESTROOM 675
103 FACILITY MEADOWBROOK PARK PICNIC SHELTER 575
104 FACILITY MEADOWBROOK PARK GAZEBO 210
105 FACILITY MILL HEADSTART/STATE PRE-SCHOOL ADMIN BUILDING 4,350 106 FACILITY MILL HEADSTART/STATE PRE-SCHOOL CAFETERIA 2,200 107 FACILITY MILL HEADSTART/STATE PRE-SCHOOL CLASSROOM BUILDING 4,800 108 FACILITY MILL HEADSTART/STATE PRE-SCHOOL KINDERGARTEN BUILDING 1,470 109 FACILITY MILL HEADSTART/STATE PRE-SCHOOL CLASSROOM BUILDING 4,350 110 FACILITY MILL HEADSTART/STATE RECREATION CENTER 7,770 111 FACILITY MILLHEADSTART/STATE PRE-SCHOOL TRANSFORMER BUILDING 120 112 FACILITY MILL HEADSTART/STATE PRE-SCHOOL POOL BUILDING 1,950 113 FACILITY MILL HEADSTART/STATE PRE-SCHOOL PICNIC SHELTER 340 114 FACILITY NICHOLSON PARK RESTROOM 500
115 FACILITY NICHOLSON PARK CONCESSION/ANNOUNCER BOOTH 570 116 FACILITY NICHOLSON PARK CONCESSION/RESTROOM BUILDING 480 117 FACILITY NICHOLSON PARK COMMUNITY CENTER 5,050
118 FACILITY NICHOLSON PARK PICNIC SHELTER 740
119 FACILITY NINTH STREET PARK PICNIC SHELTER 920
120 FACILITY NINTH STREET PARK RESTROOM 690
121 FACILITY NORTH NORTON BUILDING DISABILITY CENTER 3,665 122 FACILITY NORTH NORTON BUILDING COVERED WALKWAY 510
123 FACILITY NORTON (S.B.I.A.P.) RECREATION CENTER 20,245 124 FACILITY NORTON (S.B.I.A.P.) GYMNASIUM 21,020
125 FACILITY PALM FIELD CONCESSION/ANNOUNCER BOOTH 680 0.25 0.25 126 FACILITY PERRIS HILL PARK POOL BUILDING 6,600
127 FACILITY PERRIS HILL PARK PUMP & BOILER BUILDING 1,480 128 FACILITY PERRIS HILL PARK CERAMICS BUILDING 2,020
129 FACILITY PERRIS HILL PARK RESTROOM/STORAGE 760
130 FACILITY PERRIS HILL PARK ROOSEVELT BOWL 1,130
131 FACILITY PERRIS HILL PARK RESTROOM/CONCESSION/STORAGE 1,200 132 FACILITY PERRIS HILL PARK TENNIS PRO SHOP 240
133 FACILITY PERRIS HILL PARK MUSEUM 2,240
134 FACILITY PERRIS HILL PARK HORSESHOE BUILDING 220
135 FACILITY PERRIS HILL PARK PISTOL RANGE 2,745
136 FACILITY PERRIS HILL PARK RANGE STORAGE 780
137 FACILITY PERRIS HILL PARK CONCESSION/ANNOUNCER/RESTROOM/OFFICE 2,385 138 FACILITY PERRIS HILL PARKFIELD CLUB HOUSE (FISCALINI FIELD) 2,400 139 FACILITY PERRIS HILL PARK TICKET BOOTH (FISCALINI FIELD) 280 140 FACILITY PERRIS HILL PARK RESTROOM (BEHIND SENIOR CENTER) 740 141 FACILITY PERRIS HILL PARK SENIOR CONCESSION/STORAGE BUILDING (FISC 365 142 FACILITY PERRIS HILL PARK SENIOR CENTER 5,685
143 FACILITY PIONEER MEMORIAL PARK CEMETARY/TOOL ROOM 1,010 144 FACILITY PIONEER MEMORIAL PARK LUNCH/RESTROOM BUILDING 365 145 FACILITY PIONEER MEMORIAL PARK OFFICE BUILDING 1,085 146 FACILITY RICK SPIECHER PARK RESTROOM 290
147 FACILITY RICK SPIECHER PARK SCORERS RESTROOM/CONCESSION (MONTG 980 148 FACILITY RICK SPIECHER PARK SCORERS BOOTH #1(MONTGOMERY FIELD) 63 149 FACILITY RICK SPIECHER PARK SCORERS BOOTH #2 (MASON FIELD) 63 150 FACILITY RICK SPIECHER PARK ANNOUNCER BOOTH (HUCKABAA FIELD) 200 151 FACILITY RICK SPIECHER PARK SCORERS BOOTH #3 (O'GRADY FIELD) 50 152 FACILITY RICK SPIECHER PARK SCORERS BOOTH #4 (GURULE FIELD) 50 153 FACILITY RICK SPIECHER PARK RESTROOM/CONCESSION (O'GRADY/GURULE 1,390 154 FACILITY RUBEN CAMPOS COMM. CTR. NUNEZ PARK COMM CENTER/POOL 9,735 155 FACILITY RUBEN CAMPOS COMMUNITY CENTER, NUNEZ PARK RESTROOM 190 156 FACILITY RUBEN CAMPOS COMMUNITY CENTER, NUNEZ 850
157 FACILITY RUBEN RESTROOM/CONCESSION/ANNOUNCER
158 FACILITY RUBEN CAMPOS COMMUNITY CENTER, NUNEZ PARK SNACK BAR 800 159 FACILITY RUBEN CAMPOS COMMUNITY CENTER,NUNEZ PARK RESTROOM/ST 675 160 FACILITY RUDY HERNANDEZ COMMUNITY CENTER 16,600 0.50 0.50 161 FACILITY SECCOMBE LAKE PARK RESTROOM/CONCESSION BUILDING 1,800 162 FACILITY SECCOMBE LAKE PARK PUMP HOUSE 255
163 FACILITY SECCOMBE LAKE PARK ELECTRICAL BUILDING 255 164 FACILITY SECCOMBE LAKE PARK GAZEBO 2,660
165 FACILITY SECCOMBE LAKE PARK RESTROOM/CONCESSION 73,188 800 166 FACILITY SECCOMBE LAKE PARK RESTROOM/CONCESSION/ANNOUNCER BO 1,055 167 FACILITY SECCOMBE LAKE PARK RESTROOM/CONCESSION/ANNOUNCER BO 1,055 168 FACILITY SECCOMBE LAKE PARK RESTROOM 540
169 FACILITY SECCOMBE LAKE PARK MAINTENANCE BUILDING 3,500 170 FACILITY SENIOR CITIZEN BUILDING 16,930 1.00 1.00 171 FACILITY WILDWOOD PARK CONCESSION/ANNOUNCER BOOTH (MELTON FIE 630 172 FACILITY WILDWOOD PARK CONCESSION/ANNOUNCER BOOTH (ELKS FIELD) 1,260 173 FACILITY WILDWOOD PARK RESTROOM (ELKS FIELD) 330
174 FACILITY WILDWOOD PARK PICNIC SHELTER (ELKS FIELD) 684 175 FACILITY WILDWOOD PARK RESTROOM (BY PICNIC SHELTERS ELKS FIELD) 950 176 FACILITY WILDWOOD PARK ARESTROOM (DOG PARK ELKS FIELD) 265 177 FACILITY WILDWOOD PARK PICNIC SHELTER (ELKS FIELD) 655 178 FACILITY WILDWOOD PARK CONCESSION ANNOUNCERS BOOTH (JOHN DOTY 825 179 FACILITY WILDWOOD PARK RESTROOM (JOHN DOTY FIELD) 290 180 FACILITY PARKS,RECREATION & COMMUNITY SERVICES ADMINISTRATION OF 10,160 0.50 0.50 181 FACILITY CARL KARPER FIELD CONCESSION/ANNOUNCER BOOTH 670 182 FACILITY CARL KARPER FIELD RESTROOM/STORAGE 900

1.00 1.00

0.50 0.50

1.00 1.00

1.00 1.00

2.00 2.00

1.50 1.50

2.00 2.00

0.50 0.50

1.50 1.50

1.00 1.00

0.50 0.50

0.50 0.50

1.00 1.00

1.00 1.00

0.50 0.50

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183 FACILITY GUADALUPE FIELD RESTROOM/CONCESSION 940 0.50 0.50 184 FACILITY FIRE STATION #12 7,800 0.50 0.50 185 FACILITY SHANDIN HILLS PUBLIC GOLF PARK 2.00 2.00 186 FACILITY N. "D" STREET PARKING LOT; APN 0134-141-34 40,510 0.25 0.25 187 FACILITY N. "F" STREET PARKING LOT; 450 N. "F" STREET 22,650 0.25 0.25 188 FACILITY W. 5th STREETPARKING LOT; 512 W. sth STREET 43,560 0.25 0.25 189 FACILITY W. CHURCH STREET PARKING LOT; APN 0134-071-19, 24, 26, 58 26,100 0.25 0.25 190 FACILITY N. Mt. VERNON AVENUE & 5th STREET PARKING LOT; APN 0138-122-33 78,400 0.25 0.25 191 FACILITY Carousel Mall - Parking lot - .18 acres 0 0.25 0.25 192 FACILITY Commercial 2.36 acres - adjoining to 013519114 2 0.25 0.25 193 FACILITY Commercial 2.56 acres 3 0.25 0.25 194 FACILITY Commercial Parking Lot - Arrowhead 2 0.25 0.25 195 FACILITY Island in Parking lot - W 3rd Street .02 acres - possible vacation SBCTA 0 0.25 0.25 196 FACILITY Parking Lot adjacent to Ball park - 2.18 acres 2 0.25 0.25 197 FACILITY Public Facilities - Park - Sierra and 7th 3 0.50 0.50 198 FACILITY Public Facilities - Park / Parking Lot- Sierra and 7th 0 0.50 0.50 199 FACILITY Public Facilities - Park @ 2nd St 4.42 acres 4 0.50 0.50 200 FACILITY Public Facilities - Park @ Highland and Valencia 3 0.50 0.50 201 FACILITY Public Facilities - Park @ Pennslyvania Ave 2 0.50 0.50 202 FACILITY Public Facilities - Park @ Shady Glen 3 0.50 0.50 203 FACILITY Public Facilities - Park 1.06 acres - D st & Court 1 0.50 0.50 204 FACILITY Public Facilities - parking lot - .33 acres - 4th & E St 0 0.25 0.25 205 FACILITY Public Facilities - parking lot - .48 acres - F & 4th 0 0.25 0.25 206 FACILITY Public Facilities - parking lot - .53 acres - D st & 4th St 1 0.25 0.25 207 FACILITY Public Facilities - Parking lot - .95 acres - E St & Court 1 0.25 0.25 208 FACILITY Public Facilities - Parking lot - 1.08 acres - Court & D 1 0.25 0.25 209 FACILITY Public Facilities - Parking Lot - 4.01 acres - E St & Court 4 0.25 0.25 210 FACILITY Public Facilities - parking lot - 5th & E St 1 0.25 0.25 211 FACILITY Public Facilities - parking lot - D & Church 0 0.25 0.25 212 FACILITY Public Facilities - parking lot - D & Church - .05 acres 0 0.25 0.25 213 FACILITY Public Facilities - parking lot - D & Church - .06 acres 0 0.25 0.25 214 FACILITY Public Facilities - parking lot - D & Church - .27 acres 0 0.25 0.25 215 FACILITY Public Facilities - Parking lot - D & Rialto 1 0.25 0.25 216 FACILITY Public Facilities - Parking Lot .21 acres - F St & Kingman 0 0.25 0.25 217 FACILITY Public Facilities - Parking Lot .31 acres - F St & Kingman 0 0.25 0.25 218 FACILITY Public Facilities - Parking Lot 1.47 acres - F St & 5th 1 0.25 0.25 219 FACILITY Public Facilities - parking lot D St &.5th .93 acres 1 0.25 0.25 220 FACILITY Public Facility - Park adjacent to school on 10 & Mt. Vernon 4 0.50 0.50 221 FACILITY Public Facility - Parking lot adjacent to Amtrack San Bernardino - .33 acres 0 0.50 0.50 222 FACILITY Public Faciltiies - Parking lot .63 acres E St & 4th 1 0.25 0.25 223 FACILITY Public Faclities - park @ Highland 9 0.50 0.50 224 FACILITY Public Utility - School / Park 13.08 13 0.50 0.50 225 FACILITY Public Utility - Soccer Complex 9 1.00 1.00 days 63.25 63.25 127 Base Total
1,255,928 76 211,220 hours 506 506 1,012 Base Total
FACILITY HOURS 506.0 506.0
PARK HOURS 0.0 0.0
OTHER HOURS 0.0 0.0
TOTAL 506.0 506.0 1012.0
FACILITY DAYS 63.25 63.25
PARK DAYS 0 0
OTHER DAYS 0 0
TOTAL 63.3 63.3 126.5

Packet Page. 619

Packet Page. 620

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 15, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works;
Azzam Jabsheh, Deputy Director of Public Works/City Engineer Department: Public Works
Subject: Establish a No parking except by Permit at any time zone on the west side of G Street for approximately 200 feet south of 8th Street, and on the East side of G Street for approximately 120 feet south of 8th Street (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2026-040, amending Resolution No. 3985 entitled, in Part, ”A Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion Thereof…” to establish a no parking except by Permit at any time zone on the west side of G Street for approximately 200 feet south of 8th Street, and on the East side of G Street for approximately 120 feet south of 8th Street.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
Residents on G Street south of 8th Street have requested assistance from the City due to ongoing parking congestion caused by vehicles from nearby residential developments parking for extended periods along the street. As a result, residents frequently experience limited access to on-street parking in front of their homes.

There are six residential homes along this segment of the roadway, consisting of five homes on the west side and one home on the east side, all of which are directly impacted by the parking conditions. The Public Works Department evaluated the request and circulated a petition among the affected residents. The petition received 100 percent support from the property owners within the proposed permit parking area.

Implementation of the program will involve installing regulatory signage and coordinating enforcement with the San Bernardino Police Department, which has indicated support for the program. Approval of this item will help improve parking

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availability for residents and enhance neighborhood livability in the affected area. A total of three (3) signs will be installed on the westside of G Street south of 8 th Street for distance of 200 feet and two (2) signs on the eastside south of 8th St for a distance of 120 feet.

Background
The Traffic Engineering Section of the Public Works Department received a petition from residents living on G Street south of 8th Street requesting the establishment of a Preferential Residential Parking Permit Zone. The petition covered the following segments of G Street:
West side of the G street for approximately 200 feet south of 8th Street, and East side of the street for approximately 120 feet south of 8th Street.

Residents reported experiencing parking congestion in front of their homes, primarily due to vehicles from nearby residential developments and apartment complexes parking along the street for extended periods. To assess community support, staff prepared and circulated a petition among the affected residents. The petition received 100% support from the residents/property owners within the proposed permit zone area.

Discussion
Public Works staff conducted a site visit and evaluated the reported parking concerns along G Street south of 8th Street. The primary concern expressed by residents is that vehicles from nearby apartment complexes frequently park along the street in front of single-family homes, limiting available parking for residents and their guests. The affected segment includes six residential homes, five on the west side and one on the east side all of which are directly impacted by the parking conditions.

The proposed Residential Parking Permit Program is consistent with the provisions of San Bernardino Municipal Code Section 10.16.180, which authorizes the City to issue preferential parking permits and designate streets by resolution where such permits exempt residents from parking restrictions. The Code allows for permit issuance to residents adjacent to the affected area and establishes the framework for administration and enforcement of the program. Pursuant to SBMC Section 10.16.180, preferential parking permits may be issued to residents whose properties are adjacent to the designated street, with up to four (4) permits allowed per dwelling. These permits are valid only within the same block (or contiguous blocks for corner properties), must be displayed on the vehicle. A fee shall not be required for issuance or re-issuance of any preferential parking permit
To address these concerns, staff recommends the implementation of a Residential Parking Permit Program for the affected block segments. Under the proposed program:
Parking would be restricted to vehicles displaying a valid residential permit issued by the San Bernardino Police Department.

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Vehicles without a valid permit would be subject to parking restrictions and enforcement.
Regulatory signage would be installed identifying the permit-only parking zone.

For this type of program to be effective, community support is essential. Staff circulated a petition among the affected residents, which received 100 percent support from the property owners within the proposed permit parking area, satisfying the Municipal Code requirements. The San Bernardino Police Department has been consulted and has indicated support for both implementation and enforcement of the program.

As part of the program, a total of three (3) signs will be installed on the west side of G Street south of 8th Street, covering a distance of approximately 200 feet, and two (2) signs will be installed on the east side, covering approximately 120 feet.

With respect to long-term implementation, staff recognize that administration and enforcement of permit parking programs require ongoing coordination and resources.

Should additional neighborhoods experience similar impacts and submit petitions, each request will be evaluated on a case-by-case basis in accordance with SBMC requirements. If warranted, additional areas may be incorporated into the program following the same review and approval process. Furthermore, if additional residents along G Street come forward in the future, they may be added to the existing permit parking area, subject to meeting the applicable criteria and receiving City approval.

Approval of this item will help improve parking availability for residents and enhance neighborhood livability in the affected area while remaining consistent with established Municipal Code provisions.
2021-2025 Strategic Targets and Goals
This project is consistent with Goal No. 2: Improved Quality of Life - Provide for the safety of City Residents and Businesses. The project will utilize City programs to reduce crime and ensure that neighborhoods and business areas are safe.

Fiscal Impact
There is no impact to the General fund. There are sufficient funds available in the Maintenance Service Agreement with Cal stripe Inc. to install the signs at a cost of $700.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2026-040, amending Resolution No. 3985 entitled, in Part, ”A Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion Thereof…” to establish a no parking except by Permit at any time zone on the west side of G Street for approximately 200 feet south of 8th Street, and on the East side of G Street for approximately 120 feet south of 8th Street.

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Attachments
Attachment 1 Resolution No.2026-040
Attachment 2 Petition
Attachment 3 Vicinity Map
Ward:

Ward 1
Synopsis of Previous Council Actions:

None
CC: Eric Levitt, City Manager

Packet Page. 624

Resolution No. 2026-040
Resolution No. 2026-040
April 15, 2026

RESOLUTION NO. 2026-040

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART,
“A RESOLUTION …PROHIBITING PARKING UPON

CERTAIN DESIGNATED STREETS, ALLEYS, OR
PORTIONS THEREOF…” TO ESTABLISH A NO PARKING

EXCEPT BY PERMIT AT ANY TIME ZONE ON THE WEST
SIDE OF G STREET FOR APPROXIMATELY 200 FEET
SOUTH OF 8TH STREET AND ON THE EAST SIDE OF G
STREET FOR APPROXIMATELY 120 FEET SOUTH OF
8TH STREET.

WHEREAS, The Traffic Engineering Section of the Public Works Department received a petition from residents living on G Street south of 8th Street requesting the establishment of a Preferential Residential Parking Permit Zone; and WHEREAS, 100% of the residents on the street have signed this petition. Residents that live on G Street in San Bernardino are experiencing parking problems in front of their homes due to overflow parking from the apartment complexes on G Street between 7 th Street and 8th Street; and
WHEREAS, 100% of the residents on the street have signed this petition. Residents that live on G Street in San Bernardino are experiencing parking problems in front of their homes due to overflow parking from the apartment complexes on G Street between 7th Street and 8th Street

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. For the purpose of establishing a Residential Parking permit program pursuant to San Bernardino Municipal Code Section 10.16.180, Resolution No. 3985, which prohibits parking upon certain designated streets or portions thereof, Section 2-1/2 is amended by adding Subsection (13.2) G STREET to read as follows:
“ (13.2) G Street
(B) Between 7th Street and 8 th Street on the westside of G Street for approximately 200 feet south of 8 th street and on the eastside of G Street for approximately of 120 feet”

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Resolution No. 2026-040
Resolution No. 2026-040
April 15, 2026

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.

SECTION 5. 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 15th day of April, 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. 2026-040
Resolution No. 2026-040
April 15, 2026

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. 2026-040, adopted at a regular meeting held on the 15th day of April 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 15th day of April 2026.

Telicia Lopez, CMC, City Clerk

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VICINITY MAP – 8th Street & G Street

Location of Proposed Permit Parking

Along G Steet south of 8th Street

CITY OF SAN BERNARDINO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

TRAFFIC ENGINEERING SECTION

Legend:

Orange - Residents who signed petition
Green – Permit parking sign locations


N
No Scale

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: April 15, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works;
Azzam Jabsheh, Deputy Director of Public Works/City Engineer Department: Public Works
Subject: Resolution Approving Cooperative Agreement No. 25- 1003341 with the San Bernardino County Transportation
Authority for the Palm Avenue / I-215 Interchange
Improvements Project (PID, PA/ED, and PS&E Phases) and
the Appropriation of $2,427,600 in Funding for the Project (Ward 5 and 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-041:

1. Approving Cooperative Agreement No. 25-1003341 between the City of San Bernardino and the San Bernardino County Transportation Authority (SBCTA) for the Palm Avenue / I-215 Interchange Improvements Project (PID, PA/ED, and PS&E Phases); and

2. Authorizing the Director of Finance and Management Services to approve the appropriation of Measure I Funds in the amount of $678,100 for FY 26/27 and two appropriations of Regional Circulation funds in the amount of $874,750 for FY 27/28 and $874,750 for FY 28/29; and

3. Authorizing the City Manager or designee to execute the Cooperative Agreement and any necessary administrative documents to implement the project in accordance with the terms of the agreement.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
The proposed Cooperative Agreement between the City of San Bernardino and the San Bernardino County Transportation Authority (SBCTA) establishes roles,

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responsibilities, and funding commitments for the Project Initiation Document (PID), environmental clearance (PA/ED), and final design (PS&E) phases of the Palm Avenue / Interstate 215 Interchange Improvements Project. The project is identified in the SBCTA Measure I 2010-2040 Strategic Plan and the Valley Interchange Program as a high-priority regional transportation improvement. The proposed improvements include widening freeway ramps, widening Palm Avenue to provide dual left-turn lanes, replacing the I-215 bridge over Palm Avenue, and making intersection improvements at Kendall Drive and Hallmark Parkway.

The total estimated cost for the PID, environmental, and design phases is $7.3 million, with SBCTA contributing $4.37 million (64.3% public share) and the City contributing $2.93 million (35.7% development share). $500,000 in Traffic Safety funds were previously approved for the project in the adopted FY 2025-2026 Capital Improvement Program; as a result, an additional $2,427,600 in funding is needed, which will come from Measure I Funds and Regional Circulation Funds. Approval of the agreement will allow SBCTA to proceed with environmental review and design activities for the project.

Background
The Palm Avenue / Interstate 215 interchange is an important regional connection that provides access between the I-215 freeway corridor and key arterial routes serving northern San Bernardino. Over time, increasing traffic volumes and development in the surrounding areas have resulted in congestion and operational challenges at the interchange.

To address these conditions, the City requested SBCTA to initiate improvements to the interchange. Planned improvements include:
• Widening the northbound and southbound on- and off-ramps • Widening Palm Avenue to provide dual left-turn lanes
• Replacing the I-215 bridge over Palm Avenue
• Constructing tie-back retaining walls at the bridge undercrossing • Improving intersections at Kendall Drive and Hallmark Parkway.

The cooperative agreement establishes SBCTA as the lead agency responsible for advancing the project through the PID, environmental, and final design phases.

Discussion
Under the proposed agreement, SBCTA will provide project management and lead delivery services for the PID, PA/ED, and PS&E phases. These services include selecting consultants, preparing environmental documentation, coordinating with Caltrans and other regulatory agencies, and managing the design process.

SBCTA will also coordinate with the City through a Project Development Team (PDT) process to ensure City input during project development. The City will participate in project oversight, provide reviews and approvals of project documents, and reimburse

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SBCTA for the City’s agreed share of project costs.

This agreement is limited to the planning and design phases only. Funding and implementation of right-of-way acquisition and construction phases will require a separate cooperative agreement in the future and additional funding.

Project Schedule
The anticipated project schedule includes:

Milestone Forecast Date
Start of Project Approval & Environmental Document
(PA)ED)
December 2026
Environmental Approval December 2029
Final Design Approval April 2032
The anticipated environmental determination for the project is an Environmental Impact Report (EIR) under CEQA and an Environmental Assessment (EA) under NEPA.

The total estimated cost for the PID, PA/ED, and PS&E phases of the project is $7,300,000. SBCTA will contribute up to $4,372,400, representing the public share of the funding through the Valley Interchange Phasing Program. Each agency’s share is described as follows:

Summary of Overall Funding Structure
Funding Source Amount Percentage
SBCTA Public Share $4,372,400 64.3%
Local Development Share $2,927,600 35.7%
Total Project Cost $7,300,000 100%
Funding for this phase will be shared between SBCTA and local agencies in accordance with the SBCTA Development Mitigation Nexus Study and Measure I Strategic Plan. SBCTA will contribute $4,372,400, representing the 64.3% public share of the project cost.

The remaining 35.7% development share, totaling $2,927,600, will be funded jointly by the City of San Bernardino and the County of San Bernardino, with each agency contributing 50% of the development share
Total Local Share of $2,927,600 shared with local agency:

Agency Participation Contribution
City of San Bernardino 50% of development share $1,463,800 County of San Bernardino 50% of development share $1,463,800 Total Project Cost 100% $2,927,600

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The City of San Bernardino intends to enter into a separate Cooperative Agreement with the County of San Bernardino to establish a partnership for the development of the project. Under this agreement, the City and the County will collaborate and share responsibilities associated with the preparation of the Project Initiation Document (PID), Project Approval and Environmental Document (PA&ED), and related preliminary project development activities. Both agencies will participate in the overall cost of these phases, with each agency contributing its proportional share of funding and coordination efforts to advance the project through the early planning and environmental clearance stages. Upon completion and approval of the final design phase, the City intends to pursue federal and state funding opportunities, including the Trade Corridor Enhancement Program (TCEP), for which this project is anticipated to be eligible, in order to support the construction phase of the project. 2021-2025 Strategic Targets and Goals
Approving this agreement aligns with key Target No.3: Improved Quality of Life. Project will enhance roadway operations, accessibility, and overall corridor appearance. The Project supports the City’s goal of maintaining and improving public infrastructure that contributes to efficient transportation corridors and well-maintained community environments.

Fiscal Impact
The total estimated cost for the PID, PA/ED, and PS&E phases of the project is $7,300,000. Funding will be as follows:
Traffic Safety funds in the amount of $500,000, previously approved part of the adopted FY 2025-2026 Capital Improvement Program.
Measure I in the amount of $678,100 for FY 26/27.
Regional Circulation Fund in the amount of $874,750 for FY 27/28. Regional Circulation Fund in the amount of $874,750 for FY 28/29.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-041:

1. Approving Cooperative Agreement No. 25-1003341 between the City of San Bernardino and the San Bernardino County Transportation Authority (SBCTA) for the Palm Avenue / I-215 Interchange Improvements Project (PID, PA/ED, and PS&E Phases); and

2. Authorizing the Director of Finance and Management Services to approve the appropriation of Measure I Funds in the amount of $678,100 for FY 26/27 and two appropriations of Regional Circulation funds in the amount of $874,750 for FY 27/28 and $874,750 for FY 28/29;

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3. Authorizing the City Manager or designee to execute the Cooperative Agreement and any necessary administrative documents to implement the project in accordance with the terms of the agreement.

Attachments
Attachment 1 Resolution No.2026-041
Attachment 2 Coop Agreement with SBCTA
Attachment 3 Location Map
Ward:

Ward 5 & 6
Synopsis of Previous Council Actions:

None
CC: Eric Levitt, City Manager

Packet Page. 634

Resolution No. 2026-041

Resolution No. 2026-041
April 15, 2026

RESOLUTION NO. 2026-041

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING COOPERATIVE AGREEMENT NO. 25 -
1003341 BETWEEN THE CITY OF SAN BERNARDINO AND

THE SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY (SBCTA) FOR THE PALM AVENUE / I -215

INTERCHANGE IMPROVEMENTS PROJECT (PID, PA/ED,
AND PS&E PHASES); AUTHORIZING THE DIRECTOR OF

FINANCE AND MANAGEMENT SERVICES TO APPROVE

THE REALLOCATION OF MEASURE I FUNDS IN THE
AMOUNT OF $678,100 FOR FY 26/27 AND TWO

APPROPRIATIONS OF REGIONAL CIRCULATION FUND
IN THE AMOUNT OF $874,750 FOR FY 27/28 AND $874,750
FOR FY 28/29; AND AUTHORIZING THE CITY MANAGER

OR DESIGNEE TO EXECUTE THE COOPERATIVE

AGREEMENT AND ANY NECESSARY ADMINISTRATIVE

DOCUMENTS TO IMPLEMENT THE PROJECT

WHEREAS, the City of San Bernardino intends to partner with the San Bernardino County Transportation Authority (SBCTA) to advance the planning and development of the Palm Avenue / Interstate 215 Interchange Improvements Project (“Project”); and WHEREAS, the City and SBCTA propose to enter into Cooperative Agreement No. 25 - 1003341 to establish the roles, responsibilities, and cost -sharing arrangements necessary to complete the Project Initiation Document (PID), Project Approval and Environmental Document (PA/ED), and Plans, Specifications and Estimate (PS&E) phases of the project; and WHEREAS, under the terms of the Cooperative Agreement, the City of San Bernardino and SBCTA will share in the overall costs associated with the PID, PA&ED, and Engineering Design (ED) phases of the Project, with each agency contributing its proportional share toward the development of the project; and
WHEREAS, funding for the City's share of project development will include $678,100 from Measure I (Fund 129) for Fiscal Year 2026–2027; and WHEREAS, funding will include $874,750 from the Regional Circulation Fund for Fiscal Years 2027–2028; and
WHEREAS, funding will include $874,750 from the Regional Circulation Fund for Fiscal Years 2028–2029; and
WHEREAS, upon completion and approval of the final design phase, the City of San

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Resolution No. 2026-041
Resolution No. 2026-041
April 15, 2026

Bernardino intends to pursue state and federal funding opportunities, including the Trade Corridor Enhancement Program (TCEP), for which the project is anticipated to be eligible, in order to secure funding for the construction phase of the project.

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 Council hereby approves Cooperative Agreement No. 25-1003341 between the City of San Bernardino and the San Bernardino County Transportation Authority.

SECTION 3. The City Manager or designee is hereby authorized to execute the Cooperative Agreement and any necessary administrative documents to implement the project in accordance with the terms of the agreement.

SECTION 4. The Director of Finance & Management Services is authorized to amend the budget to include $ 678,100 from Measure I for FY 202 6/27, and two appropriations of Regional Circulation Fund in the amount of $874,750 for FY 202 7/28 and $874,750 for FY 2028/29.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 15th day of April 2026.

Helen Tran, Mayor
City of San Bernardino

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Resolution No. 2026-041
Resolution No. 2026-041
April 15, 2026

Attest:

Telicia Lopez, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2026-041
Resolution No. 2026-041
April 15, 2026

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. 2026-041, adopted at a regular meeting held on the 15th day of April, 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 ___ day of ____ 2026.

Telicia Lopez, CMC, City Clerk

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25-1003341
COOPERATIVE AGREEMENT NO. 25-1003341

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY

AND

CITY OF SAN BERNARDINO

FOR

PROJECT INITIATION DOCUMENT (PID), PROJECT APPROVAL AND

ENVIRONMENTAL DOCUMENT (PA/ED), AND

PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) PHASES
FOR THE PALM AVENUE AT INTERSTATE 215 (I-215) INTERCHANGE

IN THE CITY OF SAN BERNARDINO

I. PARTIES AND TERM

A. THIS COOPERATIVE AGREEMENT (“ AGREEMENT”) is made and entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and the City of San Bernardino (“CITY”). SBCTA and CITY may be referred to herein individually as a “PARTY” and collectively as “PARTIES”.

B. Unless this AGREEMENT is terminated early as provided in Section V, Paragraph E, this AGREEMENT shall terminate upon completion of the PARTIES’ obligations associated with the project initiation document (PID), project approval and environmental document (“PA/ED”), and plans, specifications and estimate (“ PS&E”) phases descr ibed herein or December 31, 2039, whichever is earlier in time. The indemnification provisions identified in Section V, Paragraphs C through D, shall survive the termination of this AGREEMENT. Should any claims arising out of this AGREEMENT be asserted against one of the PARTIES prior to the termination of this AGREEMENT, the AGREEMENT shall be extended until such time as the claims are settled, dismissed or paid.

II. RECITALS

A. WHEREAS CITY has requested to initiate improvements of the Palm Avenue at Interstate 215 Interchange within the limits of the City of San Bernardino (“PROJECT”); and

B. WHEREAS, planned improvements include widening the northbound and southbound on-and off-ramps, widening Palm Avenue to provide dual left turn lanes, replacing the I-215 Bridge over Palm Avenue, constructing tie -back retaining walls at the bridge undercrossing , and intersection improvements at Kendall Drive and Hallmark Parkway, as further described in Attachment B, attached hereto and made part of this AGREEMENT, and are collectively defined as the “PROJECT”; and

C. WHEREAS, the PROJECT is in the Measure I 2010 -2040 Strategic Plan and identified as eligible in the Valley Interchange Program; and

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25-1003341

D. WHEREAS the PARTIES consider the PROJECT to be high priority and are willing to participate in funding the PROJECT pursuant to the provisions of the SBCTA Development Mitigation Nexus Study; and

E. WHEREAS the PARTIES wish to enter into this AGREEMENT to delineate roles, responsibilities, and funding commitments related to Project Management, PID, PA/ED, and PS&E activities of the PROJECT; and

F. WHEREAS the CITY desires SBCTA to provide Project Management services, estimated at $500,000, for the PID, PA/ED, and PS&E phases of PROJECT, and understands it is the CITY’s sole responsibility to pay 100% of the actual SBCTA Project Management costs in accordance with SBCTA Measure I Strategic Plan Policy 40005 VFI-34 and 35; and

G. WHEREAS the remaining PROJECT cost for the PID, PA/ED, and PS&E phases shall be funded with 35.7% Development Share funds and 64.3% Public Share funds, as defined by the Nexus Study and the SBCTA Measure I 2010-2040 Strategic Plan and Policy 40005/VFI-19; and

H. WHEREAS the PARTIES agree to limit the Project cost to $10 Million for the PID, PA/ED, and PS&E phases, and

I. WHEREAS the PARTIES’ intent is that this AGREEMENT is limited to the identified project phases and SBCTA shall not be obligated to fund or participate in any other project phases for PROJECT unless the PARTIES execute a new cooperative agreement.

NOW, THEREFORE, for good and valuable consideration and the mutual promises contained herein, the PARTIES agree to the following:

III. SBCTA RESPONSIBILITIES

SBCTA agrees:

A. To provide Project Management services and act as lead agency for the PID, PA/ED, and PS&E phases, and to diligently undertake and complete the PID, PA/ED, and PS&E work for the PROJECT, including the selection and retention of consultants. Performance of services under these consultant contracts shall be subject to the technical direction of the SBCTA’s Director of Project Delivery and Express Lanes, or designee, with input and consultation from CITY. SBCTA shall ensure that consultants and contractors participating in PROJECT work are appropriately qualified or licensed to perform the tasks assigned to them and shall be responsible for managing the quality of the PROJECT work.

B. To contribute towards PID, PA/ED, and PS&E phases of the PROJECT cost as shown in Attachment A. The actual cost of a specific phase may ultimately vary from the estimates provided in Attachment A, and should SBCTA’s total share of the PID, PA/ED, and PS&E phases exceed the estimates as shown in Attachment A, SBCTA agrees to entertain amendment

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25-1003341
of the AGREEMENT in good faith in accordance with Section V, Paragraph A, below .

However, in no case shall the SBCTA contribution exceed $6,430,000.

C. To prepare and submit to CITY signed invoices for reimbursement of allowable PROJECT expenditures. Invoices may be submitted to CITY as frequently as monthly.

D. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles ( “GAAP”) to support SBCTA’s request for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of P roject Management, PID, PA/ED, and PS&E work elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by SBCTA.

E. To prepare a final accounting of expenditures, including a final invoice for the actual P roject Management, PID, PA/ED, and PS&E costs. The final accounting and invoice shall be submitted no later than one hundred and twenty (120) calendar days following the completion of this AGREEMENT and shall be submitted to CITY. The invoice shall include a statement that these PROJECT funds were used in conformance with this AGREEMENT and for those PROJECT-specific Project Management, PID, PA/ED, and PS&E work activities.

F. To cooperate in having a PROJECT -specific audit completed by CITY, at its option, upon completion of Project Management, PID, PA/ED, and PS&E work. The audit should justify and validate that all funds expended on the PROJECT were used in conformance with this AGREEMENT.

G. To reimburse CITY for costs that are determined by subsequent audit to be unallowable within ninety (90) calendar days of SBCTA receiving notice of audit findings, which time shall include an opportunity for SBCTA to respond to and/or resolve the finding. Should the finding not be otherwise resolved and SBCTA fails to reimburse monies due to CITY within ninety (90) calendar days of audit finding, or within such other period as may be agreed between both PARTIES hereto, the CITY’s Council reserves the right to withhold future payments due SBCTA from any source under CITY’s control.

H. To designate a responsible staff member that will be SBCTA’s representative in attending the Project Development Team (“ PDT”) meetings, receiving day -to-day communication, and providing Project Management services.

I. To complete review and provide comments on PROJECT documents in a timely manner that is consistent with the schedule.

J. To provide CITY with a proposed project schedule to complete the PROJECT.

K. To include CITY in PDT meetings and related communications on PROJECT progress as well as to provide CITY with copies of PDT meeting minutes and action items.

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25-1003341
L. To perform the design in accordance with State and Federal standards and practices.

M. To provide CITY with a reasonable amount of review and approval time and an opportunity to review, comment on, and approve PID, PA/ED, and PS&E documents.

N. To apply for encroachment permits authorizing entry of SBCTA and its consultants and contractors onto CITY right of way to perform investigative activities, including surveying and geotechnical borings activities required by the PROJECT; and to receive encroachment permits from the CITY at no cost to SBCTA, its consultants, and contractors.

O. To obtain all necessary PROJECT permits, agreements and/or approvals from appropriate agencies; all necessary PROJECT permits, agreements, and/or approvals from the CITY shall be provided at no cost to SBCTA, its consultants, and contractors. All mitigation, monitoring, and/or remedial action required by said permits and/or agreements obtained from agencies other than the CITY shall constitute part of the PROJECT cost.

P. To identify the utilities within the PROJECT area and coordinate with utility companies to determine their location.

Q. To provide written notice to CITY upon SB CTA’s determination that the PROJECT work under AGREEMENT is substantially completed. For this AGREEMENT, “substantially completed” shall mean that the PROJECT plans and specification have been approved by Caltrans.

R. To require all contractors and/or consultants under contract to perform services related to the PROJECT to include the CITY, its officers, directors, employees and agents as additional insureds and to indemnify, defend, and hold harmless the CITY, its officers, directors, employees and agents from any liability, claims, demands, suits or actions which may be made by any person resulting from the PROJECT.

IV. CITY RESPONSIBILITIES

CITY agrees:

A. To reimburse SBCTA for CITY’s share of actual costs incurred towards the PID, PA/ED, and PS&E phases of the PROJECT and for SBCTA’s Project Management as shown in Attachment A. The actual cost of a specific phase may ultimately vary from the estimates provided in Attachment A, and should CITY’s total share for the PID, PA/ED, and PS&E phase with SBCTA’s Project Management exceed the estimates as shown in Attachment A , PARTIES shall amend AGREEMENT and CITY shall contribute these additional costs beyond SBCTA’s maximum contribution as shown in Article III.B and Attachment A.

B. When conducting an audit of the costs claimed under the provisions of this AGREEMENT, to rely to the maximum extent possible on any prior audit of SBCTA performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors

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25-1003341
will be relied upon to the extent that work is acceptable to CITY when planning on conducting additional audits.

C. To designate a responsible staff member that will be CITY’s representative attending the PDT meetings, receiving day-to-day communication and reviewing the PROJECT documents.

D. To review, provide comments on, and approve PROJECT documents within two (2) weeks of receiving the review request from SBCTA.

E. To provide permits, inspections, reviews, and oversight at no cost to SBCTA or to consultants and contractors contracted by SBCTA to work on the PROJECT.

F. To provide SBCTA copies of the franchise/utility agreements for the utilities in the PROJECT area for the purpose of determining prior rights and estimating utility relocation costs.

G. To assist SBCTA as requested, and when necessary, exercise its rights under utility relocation law or any franchise agreement, to determine liability and costs for utility relocation.

H. To accept in writing the PROJECT within thirty (30) days of receipt of written notice from SBCTA that the PROJECT work under AGREEMENT is substantially completed as described by Paragraph “ Q” in Section III, which acceptance shall not be unreasonably withheld or delayed. Withholding or delaying because of non-material work remaining to be completed shall be deemed unreasonable and City shall be fully responsible for all additional costs resulting from such delay or withholding of acceptance.

I. CITY is responsible for all commitments which are part of their direct agreement with Caltrans, including but not limited to Freeway Maintenance Agreement and Landscape and Aesthetic Maintenance Agreements

V. MUTUAL RESPONSIBILITIES

The PARTIES agree:

A. To abide by all applicable Federal, State and Local laws and regulations pertaining to the PROJECT, including policies in the applicable program in the Measure I 2010-2040 Strategic Plan, as amended, as of the Effective Date of this AGREEMENT.

B. Eligible PROJECT reimbursements shall include only those costs incurred by SBCTA for PROJECT-specific work activities that are described in this AGREEMENT and shall not include escalation or interest.

C. Neither SBCTA nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SBCTA, its officers, directors, employees or agents from all claims, suits or act ions of every name, kind

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25-1003341
and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under thi s AGREEMENT. CITY’s indemnification obligation applies to SBCTA’s “active” as well as “passive” negligence but does not apply to SBCTA’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

D. Neither CITY nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by SBCTA and under or in connection with any work, authority or jurisdiction delegated to SBCTA under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, SBCTA shall fully defend, indemnify and save harmless CITY, its officers, directors, employees or agents from all claims, suits o r actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this AGREEMENT. SBCTA’s indemnification obligation applies to CITY’s “active” as well as “passive” negligence but does not apply to CITY’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782. Further, to the extent, but only to the extent, that SBCTA’s Work falls within the scope of Civil Code Section 2782.8, the following indemnification is applicable: SBCTA shall indemnify and defe nd CITY and its officers, directors and employees from any and all losses, damages, liability, actions, and/or costs for claims that arise out of, pertaining to, or that are related to the negligence, recklessness, or willful misconduct of the design professional.

E. This AGREEMENT will be considered terminated upon completion of PROJECT closeout and reimbursement of eligible costs by CITY. Notwithstanding any other provision herein, to the extent consistent with the terms and obligations hereof, any PARTY may terminate this AGREEMENT at any time, with or without cause, by giving sixty (60) calendar days written notice to the other PARTY. In the event of a termination, the PARTY terminating this AGREEMENT shall be liable for any costs or other obligations it may have incurred under the terms of the AGREEMENT prior to termination.

F. The Recitals to this AGREEMENT are true and correct and are incorporated into this AGREEMENT.

G. All signatories hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said PARTY and that by executing this AGREEMENT, the PARTIES hereto are formally bound to this AGREEMENT.

H. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. All PARTIES agree to follow all applicable local, state, county and federal laws and ordinances with respect to performance under this AGREEMENT.

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25-1003341
I. The PARTIES agree that each PARTY and any authorized representative, designated in writing to the PARTIES, and upon reasonable notice, shall have the right during normal business hours to examine all PARTIES’ financial books and records with respect to this AGREEMENT and the PROJECT. The PARTIES agree to retain their books and records for a period of five (5) years from the later of: a) the date on which this AGREEMENT terminates; or b) the date on which such book or record was created.

J. If any clause or provisions of this AGREEMENT is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the PARTIES that the remainder of this AGREEMENT shall not be affected but shall remain in full force and effect.

K. This AGREEMENT cannot be amended or modified in any way except in writing, signed by all PARTIES hereto.

L. Neither this AGREEMENT, nor any of the PARTIES’ rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either PARTY without the prior written consent of the other PARTY in its sole, and absolute, discretion. Any attempted assignment shall be deemed void and of no force and effect.

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

N. In the event of litigation arising from this AGREEMENT, each PARTY to this AGREEMENT shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs C and D of this Section V.

O. This AGREEMENT may be signed in counterparts, each of which shall constitute an original.

This AGREEMENT is effective on the date executed by SBCTA (“Effective Date”), following execution by both PARTIES.

P. Any notice required, authorized or permitted to be given hereunder or any other communications between the PARTIES provided for under the terms of this AGREEMENT shall be in writing, unless otherwise provided for herein, and shall be served personally or by reputable courier addressed to the relevant party at the address/fax number stated below:

If to SBCTA: Sal Chavez
Project Delivery Manager
1170 West Third Street
San Bernardino, CA 92410-1715

If to CITY: Azzam Jabsheh, City Engineer and
Deputy Public Works Director
201 North E Street, Suite 200
San Bernardino, CA 92401

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25-1003341

Q. There are no third-party beneficiaries, and this AGREEMENT is not intended, and shall not be construed to be for the benefit of, or be enforceable by, any other person or entity whatsoever.

----------------------------------- SIGNATURE PAGE TO FOLLOW -----------------------------------

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25-1003341

SIGNATURE PAGE TO
COOPERATIVE AGREEMENT NO. 25-1003341

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
and CITY OF SAN BERNARDINO

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

CITY OF SAN BERNARDINO

By:__________________________
Rick Denison
President, Board of Directors

By:_________________________
Eric Levitt
City Manager

Date:_________________________

Date:________________________

APPROVED AS TO FORM:

By:___________________________
Julianna K. Tillquist
General Counsel

APPROVED AS TO FORM:

By:_________________________
Sonia R. Carvalho
City Attorney

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25-1003341
Attachment A

Project Scope:

At the Palm Avenue Interstate 215 (I -215) interchange, reconfigure interchange. Through final design approval only.

Project Cost Estimate and Funding Shares:

SBCTA’s Share: Public Share: 64.3%
City’s Share: Development Share or Local Share: 35.7% (City of San Bernardino)

Phase Estimated Cost1 Public Share2 Development
Share
PID - PA/ED $3,300,000 $2,121,900 $1,178,100
PS&E $3,500,000 $2,250,500 $1,249,500
SBCTA Project
Management $500,000 $0 $500,000
Total $7,300,000 $4,372,400 $2,927,600
1Estimated cost assumes analysis of one build alternative. 2Total Public Share contribution shall not exceed $6,430,000.

Project Milestones:

Milestone1 Actual
(Forecast)
Start of Project Approval and Environmental Document Phase (PA/ED) (12/2026) Environmental Approval (12/2029)
Design Approved (04/2032)
1Milestone assumes analysis of one build alternative. Anticipated environmental determination under CEQA is an Environmental Impact Report and under NEPA an Environmental Assessment.

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25-1003341
Attachment B

CONCEPTUAL LAYOUT

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LEGEND
ExisƟng/Modify Traffic Signal—Interconnect
New Traffic Signal-Interconnect
Ramp Widening
Street Widening
Bridge Replacement
I-215 at Palm Avenue
Interchange Reconstruction Improvements
Conceptual Information (March 2025)
I-215 at Palm Street – Reconstruct Interchange
· Widen the southbound and northbound entrance ramp from 1 to 2 lanes · Ramp metering of the entrance ramps
· Widen the northbound exit ramp from 2 to 3 lanes
· Widen the southbound exit ramp from 1 to 3 lanes
· Widen Palm Avenue to provide dual leŌ turn lanes
· New Traffic Signal at the southbound and northbound ramps · Interconnect the traffic signal from Hallmark Parkway to Kendall Drive · Replace undercrossing bridges
· Intelligent TransportaƟon Improvement as needed
· Minimal to no right of way by construcƟon of retaining walls.

Local Share is 35.7% which is shared 50% City of San Bernardino and 50% San Bernardino County

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: April 15, 2026
To: Honorable Mayor and City Council Members
From: Darren Goodman, Chief of Police
Department: Police
Subject: Introduction of Ordinance Amending Chapter 10.16.120 of the San Bernardino Municipal Code (All Wards)

Recommendation:

Introduce, read by title only, and waive further reading, of an ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Section 10.16.120 of the San Bernardino Municipal Code by adding subsection 10.16.120(B)(1) to prohibit the parking or standing of detached commercial trailers in non-residential districts and to authorize the immediate issuance of citations for violations.

City Manager's Comments
The City Manager concurs with the Police Department’s recommendation.

Executive Summary
The San Bernardino Police Department recommends adoption of an ordinance amending Section 10.16.120 of the San Bernardino Municipal Code by adding Section

10.16.120(B)(1) to address the ongoing issue of detached commercial trailers being parked or stored on public streets, alleys, and parkways within non-residential districts of the City. The proposed amendment clearly prohibits this activity, specifies that detached commercial trailers are not subject to the standard two-hour parking limitation, and authorizes the immediate issuance of citations. This change will enhance traffic safety, improve compliance with parking regulations, and provide the Police Department with clear and consistent enforcement authority.

Background
The San Bernardino Police Department routinely encounters detached commercial trailers parked or standing on public streets, alleys, and parkways within non- residential districts of the City. These trailers often present traffic safety concerns, obstruct visibility, impede public access, and negatively affect surrounding commercial and industrial areas. Current parking regulations do not clearly distinguish detached

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commercial trailers from other vehicles for enforcement purposes, which can result in delayed or inconsistent compliance.

Discussion
The current ordinance states:“(B) No person shall park or stand any commercial vehicle, truck tractor, semitrailer, or trailer having a manufacturer's gross vehicle weight rating of 10,000 pounds or more for a continuous period in excess of two hours on any street, alley, or parkway in any non-residential district of the city. Each consecutive two-hour period shall be considered a separate violation for the purpose of this division (B).”
The proposed ordinance amends Section 10.16.120 of the San Bernardino Municipal Code by adding subsection (B)(1), which expressly prohibits any person from parking or standing a detached commercial trailer on any street, alley, or parkway in any non- residential district of the City.

The amendment further clarifies that the standard two-hour parking limitation does not apply to detached commercial trailers and that citations shall be immediately issued for any violation of this subsection. This provision strengthens enforcement efforts and allows the San Bernardino Police Department to address violations promptly.

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
There is no direct fiscal impact related to this proposed action.

Conclusion
Introduce, read by title only, and waive further reading, of an ordinance of the Mayor and City Council of the City of San Bernardino, California, amending Section 10.16.120 of the San Bernardino Municipal Code by adding subsection 10.16.120(B)(1) to prohibit the parking or standing of detached commercial trailers in non-residential districts and to authorize the immediate issuance of citations for violations.

Attachments
Attachment 1 Ordinance No. MC-1663; Commercial Parking Ordinance - Chapter 10.16.120
Attachment 2 Proposed Amendment Ordinance No. 10.16.120(B)(1) Ward:

All Wards
Synopsis of Previous Council Actions: N/A
CC: Eric Levitt, City Manager

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ORDINANCE NO. MC-1663

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING SECTION 10.16.120 OF CHAPTER 10.16 TO
TITLE 10 OF THE SAN BERNARDINO MUNICIPAL CODE

TO PROHIBIT THE PARKING OR STANDING OF

DETACHED COMMERCIAL TRAILERS IN NON -

RESIDENTIAL DISTRICTS AND TO AUTHORIZE THE

IMMEDIATE ISSUANCE OF CITATIONS FOR

VIOLATIONS

WHEREAS, the City of San Bernardino (“City”) is empowered by Section 7 to Article XI of the California Constitution to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general law under its general police powers (“Police Powers”); and
WHEREAS, Section 300 to Article III of the City Charter adopted by voters on November 8, 2016, and filed with the California Secretary of State on January 31, 2017 (“Charter”), vests all the powers of the City with the City Council (“Council”), and requires the Council to provide for the exercise and performance of all duties and obligations imposed on the City by State and Federal laws; and
WHEREAS, Section 302 of the Charter requires the Council (in collaboration with the Mayor) to ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare to serve the best interests of the City; and WHEREAS, Section 10.16.120 of the City’s Municipal Code prohibits the parking of commercial vehicles on public streets and rights-of-way; and WHEREAS, the Council desires to amend Section 10.16.120 pursuant to its Police Powers to prohibit the parking or standing of detached commercial trailers in non-residential districts and to authorize the immediate issuance of citations for violations.

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

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

SECTION 2. Amendment. Section 10.16.120 of Chapter 10.16 of Title 10 of the Municipal Code is amended by adding a new subsection (B)(1) to read as follows:

“(B) No person shall park or stand…”

“(1) No person shall park or stand any detached commercial trailer on any street, alley or parkway in any non-residential district of the

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city. The continuous two-hour period provided for in section (B) shall not apply to detached commercial trailers, and citations shall be immediately issued for any violation of section (B)(1).”

SECTION 3. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications; and, to this end, the provisions of this Ordinance are severable.

SECTION 4. California Environmental Quality Act (“CEQA”) . The City Council finds that this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a pro ject as defined in Section 15378) of the CEQA Guidelines (Chapter 3 to Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. Publication. The City Clerk shall cause publication to occur in a newspaper of general circulation, and cause it to be published and circulated in the City in a manner permitted under Section 36933 of the California Government Code.

SECTION 6. Effective Date. This Ordinance shall become effective, and be in full force and effect, from and after thirty (30) days of its final passage and adoption.

PASSED, APPROVED and ADOPTED on this 15th day of April 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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CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO)

I, Telicia Lopez, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1663 introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 15th day of April, 2026. Ordinance No. MC-1663 was approved and adopted at a regular meeting held on the 15th day of April 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 ___day of ____ 2026.

Telicia Lopez, CMC, City Clerk

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§ 10.16.120 PARKING OF COMMERCIAL VEHICLES PROHIBITED ON PUBLIC STREETS AND RIGHTS-OF-WAY; EXCEPTIONS.
(A) No person shall park or stand any commercial vehicle, truck tractor, semitrailer or trailer having a manufacturer's gross vehicle weight rating of 10,000 pounds or more on any street, alley or parkway in any residential district, or on any residentially zoned property in the city.
(B) No person shall park or stand any commercial vehicle, truck tractor, semitrailer or trailer having a manufacturer's gross vehicle weight rating of 10,000 pounds or more for a continuous period of time in excess of two hours on any street, alley or parkway in any non-residential district of the city. Each consecutive two-hour period shall be considered a separate violation for the purpose of this division (B). (B) (1) No person shall park or stand any detached commercial trailer on any street, alley or parkway in any non-residential district of the city. The continuous two-hour period provided for in division (B) shall not apply to detached commercial trailers, and citations shall be immediately issued for any violation of this section (B1). (C) The provisions of this section shall not apply to:
(1) Any vehicle or trailer component thereof making pick ups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted streets and highways, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure upon the restricted streets or highways for which a building permit has previously been obtained; (2) Any vehicle parked in connection with and in the aid of the performance of a service to or on a property in the block in which said vehicle is parked; (3) Any passenger bus under the jurisdiction of the Public Utilities Commission; (4) Any vehicle owned by a public utility or licensed contractor if necessary for use in connection with the installation or repair of any public utility; (5) Any vehicle owned by the city, county, state or licensed contractor engaged in the installation, maintenance or repair of any public property, utility or highway; and (6) Any authorized emergency vehicle as defined by the California Vehicle Code. (D) For the purpose of this section, the term RESIDENTIAL DISTRICT shall mean any single-family or multiple-family zoning district in the city. The Cal. Vehicle Code, § 22507.5(c) allows the local authority to define, by ordinance, the term residential district in accordance with its zoning ordinance.

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(E) Any commercial vehicle, truck tractor, semitrailer or trailer having a manufacturer's gross vehicle weight rating of 10,000 pounds or more left parked or standing on any street, alley or parkway in excess of 24 hours may be towed away, pursuant to the Cal.

Vehicle Code, § 22651(n).
(F) Any person who violates any of the provisions of this section shall be guilty of an infraction.
(Ord. 1652, passed 3-18-1941; Ord. 2075, passed 9-21-1955; Ord. 3519, passed 8-19-1975; Ord. 3817, passed 5-9-1979; Ord. 3960, passed 8-20-1980; Ord. MC-1107, passed 11-6- 2001; Ord. MC-1303, passed 4-21-2009)

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: April 15, 2026
To: Honorable Mayor and City Council Members
From: Vanessa Carder, Director of Parks, Recreation & Community Services
Department: Parks, Recreation & Community Services
Subject: Authorization to Proceed with Lease Renewal Negotiations with Akoma Unity Center, Inc. of the Anne Shirrell’s Community Center for 1367 North California Street (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California Authorize the City Manager to proceed with the lease renewal negotiations with the Akoma Unity Center (AUC), Inc., for the property located at 1367 North California Street.

City Manager's Comments
Akoma Unity Center’s lease ends in June 2026. AUC has requested a lease extension.

In the additional amendment the lease provided a provision that the lease continues as long as they have an agreement with the School District. While that provision concludes in June 2026, it is the City Manager’s understanding they still have contracts with the School District. I recommend negotiating an extension with AUC.

If the City Council desires to do the other policy option of an RFP, I would recommend that we do a short-term extension through the end of the Summer while they propose through the RFP process.

Executive Summary
Akoma Unity Center, Inc. currently occupies and programs the Anne Shirrells Community Center at 1367 North California Street under a month-to-month facility use agreement. The organization has formally requested to enter into a new, multiyear lease to continue operating community-based programs at the site. In accordance with the City’s newly adopted Leasing Policy, staff must receive City Council authorization before initiating renewal negotiations for City-owned properties. If authorization is granted, staff will negotiate a lease renewal consistent with Council direction and will return to the City Council for consideration and approval of the final agreement. .

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Background
The Parks, Recreation and Community Services Department oversees a community center at Anne Shirrells Park consisting of modular units that were purchased by the City in 2012 and received funding and approval to complete the project in FY 2015/16.

On June 6, 2016, the Mayor and City Council adopted Resolution No. 2016-171 approving an agreement with United Nations of Consciousness (UNC) for the use of Anne Shirrells Community Center through a three (3) year lease with two (2) one-year options effective August 15, 2016 through June 30, 2019.

The UNC Board of Directors assumed the new name of Akoma Unity Center (AUC).

The decision was made in an effort to change the direction of the program by offering education and empowerment of self. The agreement between the City of San Bernardino and UNC was terminated due to the name change. The City entered into a facility use agreement on a month-to-month basis with AUC at a monthly rental rate of $1,088, which is consistent with the rate previously offered to UNC.

The initial rental rate offered to LINC was based upon a fair market rental rate previously agreed upon by the City and San Bernardino County Real Estate Services Department for use of similar City owned property at Delamnn Heights Community Center. Given that the services provided have been funded by the organizations, and have proven to benefit the surrounding community, UNC and subsequently AUC, have occupied and programmed the Anne Shirrells Community Center at a reduced rental rate. The programming provided by AUC positively engages the local community by providing many services addressing education, recreation, sports, and special interests.

AUC desires a multi-year lease agreement for the use of the Anne Shirrells Community Center. The multi-year lease agreement will allow AUC to more competitively write and secure grants for the programs and services that are offered to the local community. A multi-year lease agreement will allow AUC to meet basic grant requirements and also to secure additional partnerships that will assist them in continuing to provide quality services and programs.

Discussion
City staff is seeking authorization to begin renewal negotiations with Akoma Unity Center, Inc. (AUC) for continued use of the Anne Shirrells Community Center located at 1367 North California Street. AUC has maintained occupancy of the center since assuming operations following the name change and reorganization of the former United Nations of Consciousness (UNC). Under the City’s new Leasing Policy, staff is required to obtain City Council approval before initiating negotiations for any new or renewed lease of City owned property.

AUC has demonstrated a long-standing commitment to providing high quality, community-oriented programming that addresses education, recreation, wellness,

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youth engagement, and special interest classes. These programs have been offered at low or no cost to residents and have contributed positively to the quality of life in the surrounding neighborhood. Due to the organization’s sustained presence, established partnerships, and ongoing service to the community, AUC has expressed interest in securing a multiyear lease agreement.

A multiyear lease would support AUC’s ability to apply for competitive grant funding, many of which require proof of long-term site control. Access to such funding would, in turn, support program expansion, facility improvements, and continued service delivery to San Bernardino residents.

Current Lease Summary
First Amendment to lease agreement between the city and AUC, Inc., dated August 15, 2028

1. Lease Agreement to extend the initial term through 2026, increase the rent gradually over the additional five years, and retain Akoma’s right to two one- year options

2. Section 39 of the Lease Agreement: “Notwithstanding the foregoing, prior to January 15, 2025, this Agreement may not be terminated pursuant to the Section 39 except in one circumstance” By Lessee and only in the event the San Bernardino City Unified School District terminates its funding/operating agreement with the Lessee.”

Public Benefit to the Community
Akoma Unity Center (AUC) is a 501 (c)(3) non-profit, grassroots organization committed to the progress of African American youth, families, and communities.

Akoma’s programs and services are specifically designed to meet the needs of historically excluded African American youth and communities. Our physical location is strategically situated within the community we serve at the Anne Shirrells Park (next door to Rio Vista Elementary). Programs include; Afterschool Program, Summer Day Camp, male mentoring program, Rites of Passage, Advocacy for youth of color, Agricultural & Hydroponics Lab and Community Garden, Discovering Automation, Teen Mental Health.

If authorized, staff will begin negotiations to develop a lease renewal that is consistent with the City’s policy requirements and Council direction. Upon completion of negotiations, staff will return to the Mayor and City Council with a proposed lease agreement for review and consideration.
2021-2025 Strategic Targets and Goals
Authorizing lease renewal negotiations with Akoma Unity Center, Inc., aligns with Key Strategic Target and Goal No. 3: Improved Quality of Life. Renewing a lease with Akoma Unity Center Inc., will allow the organization to continue to provide community benefit programs and services to the resident of San Bernardino.

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Fiscal Impact
There is no fiscal impact associated with the 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 the lease renewal negotiations with the Akoma Unity Center, Inc., for the property located at 1367 North California Street.

Attachments
Attachment 1 Resolution No. 2018-208 Lease Agreement with Akoma Unity Center
Attachment 2 Resolution No. 2020-14 Lease Amendment
Attachment 3 Resolution No. 2026-14 Approving a Standardized Policy for City- Owned Leases (New and Renewals)
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

June 6, 2016 The Mayor City Council adopted Resolution No. 2016- 171, approving an agreement with United Nations of
Consciousness for use of Anne Shirrells Community Center August 15, 2018 The Mayor and City Council adopted Resolution No. 2018- 208, approving an agreement with Akoma Unity Center for the use of Anne Shirrells Community Center
January 15, 2020 The Mayor and City Council adopted Resolution No. 2020- 014, amending the lease agreement with Akoma Unity
Center through June 30, 2026
CC: Eric Levitt, City Manager

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RESOLUTION NO. 2018- 208

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE

A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND

AKOMA UNITY CENTER FOR FACILITY USE OF ANNE SHIRRELLS
COMMUNITY CENTER AT 1367 NORTH CALIFORNIA STREET, SAN
BERNARDINO, CALIFORNIA FROM JULY 1, 2018 THROUGH JUNE 30, 2021

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

SECTION 1. That the City Manager is hereby authorized to execute a lease agreement, between the City of San Bernardino and Akoma Unity Center for the use of Anne Shirrells Community Center, located at 1367 N. California Street, San Bernardino, CA 92411, a copy of which is attachedhereto, marked Exhibit " A" and incorporated herein by references as fully as though set forth at length.

SECTION 2. The monthly rent shall be setas $1088. 00 per month.

SECTION 3. That the authorization granted hereunder shall expire and be void and of no further effect if the agreementis not executedby both parties and returned to the office of the City Clerk within sixty (60) daysfollowing the effective dateof the resolution.

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7 a
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17 1s
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27 2s

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE

A LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND

AKOMA UNITY CENTER FOR FACILITY USE OF ANNE SHIRRELLS
COMMUNITY CENTER AT 1367 NORTH CALIFORNIA STREET, SAN
BERNARDINO, CALIFORNIA FROM JULY 1, 2018 THROUGH JUNE 30, 2021 I HEREBY CERTIFY that the foregoing Resolution was duly adoptedby the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the .15 th
day of August 2018, by the following vote, to wit:

Council Members:

MARQUEZ

BARRIOS

VALDIVIA

SHORETT
NICKEL

RICHARD

MULVIHILL

AYES NAYS ABSTAIN ABSENT
i-
Georg Hanna, C C, City Clerk
The foregoing Resolution is hereby approvedthis
15a'
day of August 2018.

Approved as to form:

Gary D. Saenz, City Attorney
By: Avkz')- & WA"'
Lam'
R. Carey Davis Mayor
City of San Bgfnardino

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CITY OF SAN BERNARDINO
Interoffice Memorandum

CITY CLERK' S OFFICE
DATE: August 28, 2018
Marion Vories
Parks, Recreation, and Community Services
CandiceAlvarez, CMC, Deputy City Clerk
l RE: Transmitting Documents for Signature — Lease Agreement with Akoma Unity Ccnter, Inc.

At the Mayor and City Council meeting of August 15, 2018 the City of San Bernardino adopted Resolution No. 2018-208 authorizing the City Manager to execute a LeaseAgreement between the City of San Bernardinoand Akoma Unity Centerfor facility use of the Anne Shirrells Community Centerat 1367North California Street, SanBernardino, California from July 1, 2018 through June 30, 2021.

Attached are three ( 3) ORIGINAL agreements to be executed. Please obtain signatures in the appropriate locations and return ONE ORIGINAL to Candice Alvarez in the City Clerk' s Office as soon as possible. Pleasealso retain a copy of the fully executeddocument for your records and forward the remaining copy to the appropriate party.

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LEASE AGREEMENT
between the

CITY OF SAN BERNARDINO
and
AKOMA UNITY CENTER, INC.

CITY: CITY OF SAN BERNARDINO
290 North " D" Street
San Bernardino, CA 92418
LESSEE: AKOMA UNITY CENTER, INC.
985 Kendall Drive, Suite A319
P. O. Box 319
San Bernardino, CA 92407
PREMISE ADDRESS: Anne Shirrells Community Center
1367 North California Street
San Bernardino, CA 92411
TERM OF LEASE- Three ( 3) Years with Two ( 2) One- year Options COMMENCEMENT: 09/ 15, 2018

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1. PARTIES.

This lease AGREEMENT ( the " AGREEMENT") is enteredinto this 15'h day of August2018 Effective Date"), by and between the Akoma Unity Center, Inc. (" LESSEE") a corporation incorporated under the laws of the State of California and the City of San Bernardino a charter city and municipal corporation (" CITY"). ( Individually CITY and LESSEE may be referred to as a PARTY" and collectively CITY and LESSEE may be referred to asthe "PARTIES")

2. PREMISES LEASED.

CITY leasesto LESSEE and LESSEE leasesfrom CITY the Anne Shirrells Community Center (the PREMISES"), a 4,200 square foot community center at Anne Shin -ells Park. The PREMISES is located at 1367 N. California Street in the city of San Bernardino and the County of San Bernardino and contains open recreation area, four ( 4) offices, restrooms and a break room.

3. TERM.

The AGREEMENT' s initial term (" INITIAL TERM") shall commence Effective Date COMMENCEMENT DATE") and end on June 30, 2021 (" ENDING DATE").

4. RENT.

4. 1 LEESSEEshallpayto CITY thefollowing rentalpaymentsin advanceonthe first dayof each month, commencing on COMMENCEMENT DATE, and continuing through the INITIAL TERM.

Year One ( 1) [ commencementdatethrough June 30, 20191 $1,008.00 per month Year Two ( 2) [July 1, 2019 through June 30, 2020] $ 1, 008. 00 per month Year Three ( 3) [ July 1, 2020 through June30, 2021] $ 1, 008. 00 per month

4. 2 Rentfor anypartialmonthshallbeproratedbasedontheactualnumberof daysof the month. CITY shall accept all rent and other payments from LESSEE under this AGREEMENT via electronic funds transfer directly deposited into the CITY' s designatedcheckingor otherbankaccountor anyothermeansmutuallyagreeduponby the CITY and LESSEE. CITY shall provide to LESSEE all directions, information, and forms necessaryto processEFT payments.

5. OPTION TO EXTEND TERM.

CITY gives to LESSEE the option to extend the term of the LEASE on the same provisions and conditions, except for monthly rent, for two ( 2) one-year periods (" EXTENDED TERMS") following expirationof theINITIAL TERM, by LESSEEgiving noticeof its intentionto exercisethe optionto CITYwithinthirty (30) days' priorto theexpirationof theprecedingtermorduringanyholdingover pursuant to SECTION 7, HOLDING OVER. The rent for each extended term shall be adjusted by good faith negotiations of the PARTIES to the fair market rental rate then prevailing based on the rental rates of comparableleasedproperty in the City of SanBernardino. The extensions and monthly rate adjustmentswill be pursuant to written authorization of the City Manager. This Agreement may beterminatedatanytime uponthirty (30) dayswrittennoticeby eitherparty.

6. RETURN OF PREMISES.

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

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 may be pursuant to the written authorization of the City Manager only, 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 generaland specialassessmentslevied and assessed against the PREMISES.

9. USE.

LESSEEshalloccupyandusethePREMISESduringthetermhereofexclusivelyfor theoperationof the agreed upon Anne ShnTells Community Center Operations Plan and in compliance with all federal, state and local laws. LESSEE shall provide the CITY verification that all staff, instructors, andvolunteerswhowill beworkingwith minorshavesubmittedto andpassedLive -Scanbackground checks prior to assignment and renewed annually.

10. HEALTH, SAFETY, AND FIRE CODE REQUIREMENTS.

10. 1 CITY shall, at its sole expense, ensure that the PREMISES meets applicable requirements of all Health, Safety, Fire and Building Codes, statues, regulationsand ordinancesfor public and governmental buildings including any requirements for a notice of completion, certificate of occupancy, or California Title 24 requirements.

10. 2 CITY shall, at its sole expense, ensure that the PREMISES meet the applicable requirements of the Americans with Disabilities Act (" ADA").

11. SIGNS.

LESSEE will display from windows and/or marqueeof the PREMISES only such sign or signs as are not prohibited by law.

12. MAINTENANCE.

12. 1 CITY shall, at its sole expense, perform such inspections, maintenance and repairs are necessaryto ensurethat all portionsof the PREMISES, includingbut not limited to the following, are at all times in good repair and safeconditions;

12.1.1 The structural parts of the building an d 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, and sewagesystems, including, without limitations, those portions of the systems, including, without limitation, those portions of the systems owned or controlled by CITY lying outside the PREMISES; and,

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12.1.3 Window frames, gutters, and downspouts on the building and other improvements that are part of the PREMISES; and,

12.1.4 Heating, ventilation and air conditioning ( HVAC) systemsservicing the PREMISES including changing heating and air-conditioning filters every four (4) months; and,

12.1.5 The grounds, including all parking areasand outside lighting, grass, trees, shrubbery and other flora; and,

12.1.6 LESSEE shall, at its sole expense, provide janitorial services, 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 extinguisher or any other fire suppressionequipment attachedto the facility.

12. 1.7 LESSEE shall at regular intervals, but no less than monthly, conduct an inspection of the PREMISES to determine if any maintenance or repair is necessary. LESSEE shall communicate the necessity for maintenance or repair to the CITY in writing in conformity with Section 24, NOTICE. If LESSEE gives notice to CITY of a conditionrequiringmaintenanceor repair, CITY shalluseits besteffortsto diligently commence the performance of its maintenance or repair obligations within a reasonable time of receiving such notice. In the case of an emergency where maintenance or repair must occur immediately and CITY is unable to perform its obligation to maintain or repair immediately, LESSEE may perform maintenance or repair. CITY shall deduct the sum of LESSEE' s actual and reasonable expenses of performingemergencymaintenanceor repairfrom LESSEE's futurerentalpayments until LESSEE is reimbursed in full upon presentation of receipts and/ or other documentation supporting the amount expended.

13. ALTERATIONS.

LESSEE shall not make any structural or exterior improvements or alterations to the PREMISES without CTTY' s consent. Any such alterationsshall remain on and be surrenderedwith the PREMISES on expiration or termination of the AGREEMENT.

14. FIXTURES.

LESSEEshallhavetheright duringtheterm(s) of this AGREEMENTto install shelvingandfixtures, and make interior, non- structural improvements or alterations on the PREMISES. Such shelving, fixtures, improvements, and alterations shall remain the property of the LESSEE and may be removed by the LESSEEduring the term(s) of this AGREEMENT or within a reasonabletime 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 may elect, with CITY' Swritten consent to be given at CITY' Ssole discretion, to surrender all or any part of such shelving, fixture, improvementsandalterations, to theCITY, in whichcaseLESSEEshall haveno duty to restorethe PREMISES.

15. UTU ITIES.

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CITY shall furnish to the PREMISESand CITY shallpay all servicechargesandrelatedtaxesfor electric, gas, water, fire alarm services and all other utilities. LESSEE shall furnish and pay for its own security, telephone, cable, internetservicesandwill contractwith Burrtecfor trashservices.

16. HOLD HARMLESS.

LESSEE agreesto and shall indemnify and hold the CITY, its elected officials, employees, agents or representative, free and harmless from all claims, actions, damages and liabilities of any kind and naturearisingfrom bodily injury, including death, or propertydamage, basedor assertedupon any actual or alleged act or omission of LESSEE, its employees, agents, or subcontractors, arising, relating to, or in any way connectedwith the performanceunder this AGREEMENT, unlessthe bodily injury or propertydamagewasactuallycausedby the solenegligenceof theCITY, its elected officials, employees, agentsor representative. As part of the foregoing indemnity, LESSEE agreesto protect and defendat its own expense, including attorney's fees, the CITY, its electedofficials, employees, agentsor representative from any and all legal actions basedupon such actual or alleged acts or omissions. LESSEEherebywaives any and all rights to any types of expressor implied indemnityagainsttheCITY, its electedofficials, employees, agentsor representatives, with respectto third partyclaimsagainsttheLESSEErelatingto or in anyway connectedwith the accomplishment of work or performance of services under this AGREEMENT.

17. INSURANCE.

17. 1 CITY is a self-insured public entity for the purposes of professional liability, general liability, and workers' compensation.

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

17. 2. 1 Comprehensive general liability, including premises - operations, productsicompleted operations, broad form property damageblanket contractual liability, fire, premisesliability, andpersonalinjurywithapolicylimit of notless than One Million Dollars ($ 1, 000, 000. 00), combined single limits, per occurrence and aggregate.

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

17.23 Workers' compensation insuranceasrequired by the Stateof California. 173 The comprehensivegeneralliability insurancepolicy shall contain or be endorsedto contain the following provision:
173. 1 Additional insureds: " The City of SanBernardinoandits electedandappointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City."
173. 2 Notice: " Said policy shall not terminate, nor shall it be cancelled, nor the coveragereduced, until thirty ( 30) days after written notice is given to City."

17. 3. 3 Other insurance: " Any otherinsurancemaintainedby theCity of SanBernardino shall be excessand not contributing with the insuranceprovided by this policy."

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17A LESSEE shall provide the CITY certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by 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 LESSEE may be held responsible for payments of damages to persons or property.

18. DESTRUCTION OF PRENIISES.

18. 1 During the term(s) of this AGREEMENT, if any casualty, other than resulting from LESSEE' s use of the PREMISES, renders a portion of the PREMISES unusable for the purpose intended, then CITY shall, at CITY' s sole expense, restore the PREMISES and repair any damages caused by such casualty as soon as reasonable possible and this AGREEMENT shall continue in full force and effect. If CITY does not commence the restoration of the PREMISES in a substantial and meaningful way within thirty ( 30) days following the CITY' s receiptof written notice of the casualty, or shouldCITY fail to diligently pursuecompletionof therestorationof thePREMISES, or if thetime required to restore the PREMISES is estimated to exceed ninety ( 90) days, LESSEE may, at its option, terminate this AGREEMENT immediately upon written notice to the CITY. If LESSEE elects to terminate this AGREEMENT pursuant to this section, LESSEE shall be discharged from all future obligations under this AGREEMENT.

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 termination of the AGREEMENT, whichever comes first. The abatement or reduction in rent shall be in proportion to the degree to which LESSEE' s use of the PREMISES is impaired. 183 In the event the CITY is required to restore PREMISES as provided in Subsection 18. 1 above, CITY shall not be required to restore any structure or exterior improvements or alterations madeto the PREMISES by LESSEE pursuant to Section 13, Alterations above or anyshelving, fixtures, or interiornonstructuralimprovementor alterationsmadeby LESSEE pursuant to Section 14, Fixtures above.

18. 4 If anycasualtyresultingfrom LESSEE's useof the PREMISESrendersthe PREMISES unusable for the purposes intended, or for any other purpose, then LESSEE shall, at LESSEE' s sole expense, restore the PREMISES and repair any damagescausedby such casualtyassoonasreasonablepossibleandthis AGREEMENTshallcontinuein full force and effect.

18. 5 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 anysuchdestructionandnotto determinethePARTYultimatelyresponsiblefor the costs of such restoration.

19. CITY' S DEFAULT.

Except where another time limit is specifically provided, CITY shall be in default of this AGREEMENT if CITY fails or refusesto perform any material provisions of this AGREEMENT and such failure or refusal to perform is not cured within thirty ( 30) days following CITY' s receipt of

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written notice of default from LESSEE. If the default cannot be reasonablecured within thirty ( 30) days, CITY shall not be in default of this AGREEMENT if City commencesto cure the default within the thirty ( 30) day period and diligently and in good faith continues to cure the default.

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

LESSEE, at any time after CITY is in default, can terminate this AGREEMENT immediately upon written notice to CITY or can cure the default. If LESSEE at any time, by reasonsof CITY' s default, paysanysumor doesany act thatrequiresthepaymentof any sum, the sumpaid by LESSEEshall have the right to withhold from future rent due the sum LESSEE has paid until LESSEE is reimbursed in full for the sum. The remedies set forth in this section are in addition to and do not in any manner limit other remedies setforth in particular sectionsof this AGREEMENT.

21. LESSEE' S DEFAULT.

The occurrenceof anyoneor moreof the following eventshallconstitutea defaultof breachof this AGREEMENT by LESSEE:

21. 1 The vacating for more than thirty ( 30) consecutive days or abandonment of the PREMISES by LESSEE.

21. 2 The failure of LESSEEto performany materialprovisionsof this AGREEMENT to be performedby LESSEE, includingthe paymentof rent, uponwritten noticeby the CITY to LESSEE.

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

22. 1 In the eventof anydefaultby LESSEE, which is not curedby LESSEE, CITY mayat its election, terminatethis AGREEMENT by giving LESSEEthirty ( 30) days' notice of termination.

22. 2 On termination of this AGREEMENT for default pursuant to this section CITY shall have the right to recover from LESSEE all amounts for any and all damages, which may be the direct or indirect result of such default, including, but not limited to:

22.2. 1 The worth, at the time of the award, of the unpaid rent that has been earned at the time of the termination of the AGREEMENT; and,

22. 2.2 The worth, at the time of the award, of the amount by which unpaid rent that would have been earned after the date of termination of this AGREEMENT until the time of award exceeds the amount of the loss of rent that CITY proves could not have been reasonable avoided; and,

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22.2.3 The worth, at the time of the award, of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the loss of rent that CITY proves could not havebeen reasonably avoided; and,

22.2.4 Any other amount of necessary to compensate the CITY for all detriment proximately caused by LESSEE' s default which CITY proves could not have been reasonably avoided.

22. 25 " The worth, at the time of the award", as used in this section is to be computed by allowing interest at the maximum rate CITY is permitted by law to charge or computed by discounting the amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent ( 1%).

23. CITY' S ACCESS TO PREMISES.

CITY and its authorized representative shall have the right to enter the PREMISES at all reasonable times for any of the following conditions:

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

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

23. 3 To serve, post, or keep posted any notices required by law; and, 23A To show the PREMISES to prospective brokers, agents, buyers, tenants, lenders or persons interested in an exchange, at any time during the term; and,

23. 5 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 othercommunicationconcerningthis AGREEMENTor the services provided hereunder may be provided by personal delivery or U. S. Mail. If personally delivered the notice shall be deemeddelivered at the time of personal delivery. If sent by U.S. Mail the notice shall be deemeddelivered forty- eight (40) hours after deposit in the U.S. Mail as reflected by the official U.S. postmark.

TO THE CITY:

Jim Tickemyer, Director
City of SanBernardino Parks, Recreation and
Community Services
290 North D Street
San Bernardino, CA 92401
909) 384- 5233
TO THE LESSEE:

Kimberly Calvin, Executive Director
Akoma Unity Center
985 Kendall Drive, Suite A319
P. O. Box 319
San Bernardino, CA 92407
909) 217- 7956
EitherPARTY maychangethe addressfor deliveryof noticesby sendingnoticeof thechangeto the other PARTY in conformity with this Section.

25. ASSIGNMENT.

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LESSEE shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the LESSEE' s interest in this AGREEMENT without CITY' s prior written consent. Any attemptedassignment, transfer, sublettingor encumbranceshallbe void andshallconstitutea breach of this AGREEMENT and cause for the termination of this AGREEMENT. Regardless of CITY' s Consent, no subletting or assignment shall 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 agreement and the understanding between the PARTIES, and supersedesany prior agreementsand understandingrelating to the subject matter of this AGREEMENT.

27. REMEDIES: WAIVER
All remedies available to either PARTY for one or more breaches by the other PARTY shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies.

ThedelayorfailureofeitherPARTYtorequireperformanceorcomplianceoftheotherofanyofits 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 provisions of this AGREEMENT shall be effectiveunlessmadein writing andsignedby a duly authorizedrepresentativeof thePARTY against whom it is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemeda waiver of such right or remedy with respectto any future occurrencesor events and shall not be deemed a continuing waiver.

28. AMENDMENT.

No amendmentto this AGREEMENT will be effectiveunlessit is in writing and signedby both PARTIES.

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, representative, successors, and assigns.

30. SEVERABILITY
If anyprovisionof thisAGREEMENTis determinedbyacourtof competentjurisdictiontobe invalid or unenforceablefor any reason, such determinationshall not affect the validity or enforceabilityof theremainingtermsandprovisionshereofor of theoffendingprovisionsin any othercircumstance, andtheremainingprovisionsofthisAGREEMENTshallremainin full forceand affect.

31. T W IS OF THE ESSENCE.

Time is of the essence of each provision of this AGREEMENT which specifies a time within which performanceis to occur. In theabsenceof anyspecifictimefor performance, performancemaybe within a reasonable time.

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32. QUIET ENJOYMENT.

Subject to the provisions of this AGREEMENT and conditioned upon performance of all the provisions to be performedby LESSEE hereunder, CITY shall secureto 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 provision, whether covenants or conditions, on the part of either PARTY shall be deemed both covenants and conditions.

34. CONSENT.

Whenever consent or approval of either PARTY is required that PARTY shall not unreasonable withhold, condition, or delay such consentor approval, unlessthe provision providing for such consentor approvalspecificallyprovidessuchconsentor approvalmay be given in the PARTY's discretion.

35. EDITS.

All exhibits referred to are attached to 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 effectto thatbodyof lawspertainingto conflict of laws.

37. VENUE.

The parties hereto agreethat all actions or proceedings arising in connection with this AGREEMENT shall be tried and litigated either in the Superior Court of the Stat of California for the County of San Bernardino 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.

38. ATTORNEY' S FEES AND COSTS.

In the event that litigation is brought by any PARTY in connection with this AGREEMENT, the prevailingpartyshallbeentitledto recoverfromtheopposingpartyall costsandexpenses, including reasonableattorneys' fees, incurredby the prevailingPARTY in the exerciseof anyof its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions enforcing this AGREEMENT on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this section.

39. RIGHT TO TERMINATE.

This AGREEMENTmaybe terminatedat anytime by thirty (30) dayswrittennoticeby either PARTY for any reason or no reason. In the event that LESSEE terminates this AGREEMENT pursuant to this section, the CITY shall have the right to receive from LESSEE only the rent which would have been earned at the date of termination of this AGREEMENT.

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40. 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.

41. SURVIVAL.

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

42. ESTOPPEL CERTIFICATE.

EachPARTY within thirty (30) daysafternoticefrom theotherPARTY shallexecuteanddeliverto the other PARTY, in recordable form, a certificate stating that this AGREEMENT is unmodified and in full force and effect, or in full force and effect as modified, and stating the modifications. The certificate also shall statethe amount of minimum monthly rent, the datesto which the rent has been paid in advance, the amount of any security deposit or prepaid rent, and that there are not uncured defaultsor specifyingin reasonabledetail the natureof any uncureddefault claimed. Failure to deliver this certificate within thirty ( 30) days shall be conclusive upon the PARTY requesting the certificateany successorto the PARTY requestingthe certificate, that this AGREEMENT is in full force and effect and has not be modified except as may be representedby the PARTY requesting the certificate, and that there are not uncured defaults on the part of the PARTY requesting the certificate.

43. PUBLIC RECORDS DISCLOSURE.

All informationreceivedby the CITY concerningthis AGREEMENT, includingthe AGREEMENT itself, maybetreatedaspublic informationsubjectto disclosureundertheprovisionsof theCalifornia Public Records Act, Government Code Section 6250 et s ( 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.

44. CONDITIONS OF PREMISES.

The CITY shall take reasonableefforts to deliver the PREMISES to LESSEE clean and free of debris on the COMENCEMENT DATE but 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' suitability for a particular use when determining whether to enter into this AGREEMENT.

45. CONDEMNATION.

If any legally, constituted authority condemns the 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 termination shall be without prejudice to the rights of either PARTY to recover compensation from the condemning authorityfor anylossor damagecausedby thecondemningauthority.

46. MATERIAL REPRESENTATION.

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If duringthe courseof theadministrationof this AGREEMENT, a PARTY determinesthat theother 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 pursueany available legal remedies.

47. INTERPRETATIONS.

The PARTIES have participated jointly in the negotiation and drafting of this AGREEMENT. In the eventan ambiguityor questionof intent or interpretationariseswith respectto this AGREEMENT, this AGREEMENT shall be construed as if drafted jointly by the PARTIES and in accordancewith its fair meaning. Thereshallbe nopresumptionor burdenof proof favoringor disfavoringanyParty by virtueof authorshipof anyof theprovisionsof this AGREEMENT.

48. COUNTERPARTS.

This AGREEMENT may be executedin counterparts, eachof which shall be deemedto be an original, but all of which taken together, shall constitute one and the same agreement. In the event thatanysignatureis deliveredby facsimiletransmissionorby e-maildeliveryof a ".pdf' formatfile, such signature shall create a valid and binding obligation of the PARTY executing ( or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ". pdf' signature page were an original thereof.

49. CORPORATE AUTHORITY.

EachpersonexecutingthisAGREEMENTonbehalfof thePARTIESheretowarrantthattheyare dulyauthorizedto executethisAGREEMENTonbehalfof saidPARTIESandthatby doingso; the PARTIES hereto are formally bound to the provisions of this AGREEMENT.

50. ORDER OF PRECEDENCE.

Intheeventof anyinconsistencyorconflictinthisAGREEMENTandanyoftheattachedExhibitsor Attachments, the terms set forth in this AGREEMENT shall prevail.

51. FORCE MAJEURE.

A PARTYshallnotbeliablefor anyfailureor delayin theperformanceof thisAGREEMENTfor theperiodthatsuchfailureor delayis dueto causesbeyonditsreasonablecontrol, includingbutnot limited to acts of God, war strikes or labor disputes, embargoes, governmental orders or any other force majeure event.

52. COMPLIANCE WITH LAW.

LESSEEagreesto abideby all federal, state, andlocallaws, ordinancesandregulations.

53. NON- DISCREtMATION.

In the performance of this AGREEMENT, use of the PREMISES, and in the hiring and recruitment of employees, LESSEE shall not engagein, nor permit its officers, employees or agentsto engagein, 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 anyotherstatusprotectedby law.

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Signature page to follow]

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IN WITNESS THEREOF, the parties hereto have executedthis Agreement on the day and date set forth below.

CITY OF SAN BERNARDINO
By: 2FU1,7
ndManager
Approved as to Legal Form:

GARY D. SAENZ, City Attorney
City of Som -Bernardino
By:

Date:

NDOR: /
by:

Name)
Title:

Date:

ATTEST:

By `
Georgemudianna. CM , City Clerk

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