Agenda packet — Mayor and City Council, May 6, 2026 (part 5 of 7)

mitigation measures. Therefore, SAFER requests that the Planning Commission refrain from taking any action on the Project at this time and, instead, direct staff to prepare an initial study for the Project, followed by a project-specific EIR or negative declaration as required by CEQA.

Sincerely,
Rebecca Davis
LOZEAU | DRURY LLP
Packet Page. 1089
STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF WATER RESOURCES
P.O. BOX 942836
SACRAMENTO, CA 94236-0001
(916) 653-5791
City of San Bernardino
Planning Division
290 North D Street
San Bernardino, CA 92401
Dear City of San Bernardino:

The Department of Water Resources (DWR) currently has a lease, known as Lease No. EBE-80 (Lease), on San Bernardino County APN 0265-031-24-0000, also known as DWR Parcel No. EBE80 with the Crestline Soaring Society (Crestline) for the Andy Jackson Airpark. This Lease allows Crestline to operate and maintain a Hang Gliding Landing Site, parking area, and access to the site.

DWR Parcel EBE-80 was purchased in 1993 solely for the purpose of relocating Crestline from another parcel that DWR purchased in 1989 related to the expansion of the Devil’s Canyon Power Plant Second Afterbay (Project) and associated proposal to increase power generation at the power plant.

This Project required review and approval by the Federal Energy Regulatory Commission (FERC) for licensing to expand the Devils Canyon Power Plant and its operation. Under Article 410 of DWR’s FERC license, DWR was required to acquire property and relocate Crestline to mitigate for what would otherwise be the loss of a hang gliding recreation site.

A critical component of all FERC licensing is the requirement for recreation, as established by the issuance of Order 260-A in 1963 which amended Section 4.41 of the Commission’s Regulations (18 CFR Part 4, Subpart E, §4.41) to require the filing of a recreation resource plan for all major license applications filed after June 1, 1963. In 1965, Order No. 313 was issued which added Section 2.7 of the General Policy and Interpretations section to ensure that the ultimate development of recreation resources at all projects is consistent with area recreational needs. In this case, the popularity of the Andy Jackson Airpark shows a clear area-specific need for hang-gliding as the type of recreation and it is unlikely that FERC would authorize replacement of the Airpark with another type of recreation at the same site, and it would be more likely that there would be a requirement to relocate the airpark.

This requirement means that the loss of any recreation site, but especially the Andy Jackson Airpark operated by Crestline, may have critical impacts on FERC licensing for the State of California’s Department of Water Resources and its operations to deliver water to millions of people in Southern California. Restriction of airspace due to City planning would qualify as a significant impact that would result in the loss of this recreation site. As such, we request that the City work with DWR directly to understand our concerns and mitigate potential impacts or interference to our ability to operate our State Water Resources Development System prior to approval of any projects in the vicinity of the Airpark. Please contact me at your earliest convenience to discuss this matter further at [email protected].

Sincerely,
Kristen Greenacre
Senior Right of Way Agent
Docusign Envelope ID: 3B2A7D04-301B-4F0C-AED6-EE0F834D57E5 1/12/2026
Packet Page. 1090
STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor

The California Department of Water Resources (DWR) previously sent a letter dated January 12, 2026 (enclosed) regarding existing Lease No. EBE-80 (Lease), on San Bernardino County APN 0265-031-24-0000 (also known as DWR Parcel No. EBE-80), under which DWR leases the property to the Crestline Soaring Society (Crestline) for use as the Andy Jackson Airpark (Airpark). The Lease allows Crestline to operate and maintain a hang-gliding landing site, parking area, and access to the site.

The prior letter summarized DWR’s obligation under Article 410 of its Federal Energy Regulatory Commission (FERC) license that it relocate the Airpark in connection with construction of the Devil Canyon Power Plant Second Afterbay many years ago. The prior letter also asked the City to consider potential impacts to the Airpark—and any resulting implications for DWR’s FERC license— when reviewing nearby projects.

This letter provides an update based on DWR’s additional analysis of whether approval of the University Hills Development would have any impact on DWR’s ongoing FERC license obligations.

Under the license, Article 410 required DWR to file a plan to relocate the Airpark; DWR submitted that plan, and FERC approved it in 1993. Article 410 does not designate the Airpark as a FERC project recreation facility or impose any ongoing recreation or relocation obligations on DWR.

Accordingly, Article 410 imposed a one-time mitigation obligation upon DWR; there are no continuing or additional FERC license obligations related to the Airpark, and DWR considers its responsibilities under the license on this issue to be complete.

Based on the results of DWR’s analysis, DWR has no further comment regarding the approval of the University Hills Development as it relates to DWR’s FERC license.

Please contact me if you have any further questions at [email protected].

Sincerely,
Kristen Greenacre
Senior Right of Way Agent
cc: Jaime Shelden, Crestline Soaring Society
David Hardy, Encore Capital Management
Docusign Envelope ID: E1717134-A34C-43EE-A295-61DA435219B2 4/15/2026
Packet Page. 1091
Specific Plan Amendment 23-01 and Subdivision 23-05
Presented by: Community Development and Housing Department Packet Page. 1092
Request
Adoption of the Addendum to the Final Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) in compliance with the California Environmental Quality Act. Approval of Specific Plan Amendment No. 23- 01, Approval of Subdivision 23-05, and Dissolve Development Agreement No. 08-02 404.3-acre site
APNs: Several APNS (0265-041-12, 0265-051-12 and -13; 0265-061-16; 0265-011-06, -07, and -08; 0265-051-09; and 0265-021-13)
University Hills Specific Plan (SP-UH)
Packet Page. 1093
Location/Zoning Map
Packet Page. 1094
Aerial
Packet Page. 1095
Planned Areas
Packet Page. 1096
Discussion
Background
Amendment
Subdivision
Circulation
Utilities and Infrastructure
Packet Page. 1097
Discussion
Landscaping
Recreation Areas
Lighting
Off-Site Improvements
Dissolution of Development Agreement 08-02
General Plan Compatibility
Packet Page. 1098
Discussion-Access
Project Site
Packet Page. 1099
Access-1 Campus to Badger
Packet Page. 1100
Access-2 Devils Canyon to Badger
Packet Page. 1101
Tentative Parcel Map 20595
Packet Page. 1102
Tentative Parcel Map 20595
Packet Page. 1103
Tentative Parcel Map 20595
Packet Page. 1104
Site Plan
Packet Page. 1105
Fire Department Fuel Modification Layout
Packet Page. 1106
Recommendation
It is recommended that the Mayor and City Council:
1) Adopt the Resolution of the Mayor and City Council of the City of San Bernardino approving Subdivision No. 23-05 (Tentative Tract Map No. 20595); and
2) Adopt the Resolution adopting the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155); and
3) Introduce read by title only, and waive further reading of the Ordinance of the Mayor and City Council of the City of San Bernardino, California Approving Specific Plan Amendment 23-01 and dissolving Development Agreement No. 08-02; and
4) Schedule the second reading for the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on May 20, 2026.

Packet Page. 1107
This space for filing stamp only
OR#:

O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 4024651
Vanessa Alvarado

CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401

HRG - NOTICE OF HEARING
SPECIFIC PLAN AMENDMENT 23-01 AND SUBDIVISION 23-05
(TENTATIVE TRACT MAP 20595) UNIVERSITY HILLS SPECIFIC
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
04/25/2026
04/27/2026

SAN BERNARDINO
!A000007382623! Email

NOTICE OF PUBLIC HEARING

BEFORE THE MAYOR AND

CITY COUNCIL
Notice is hereby given that the City
of San Bernardino Mayor and City
Council will hold a public hearing on
Wednesday, April 15, 2026, at 4:00
p.m.in the Feldheym Public
Library, Bing Wong Auditorium, 555
West 6th Street, San Bernardino,
California 92410, on the following
item(s):

SPECIFIC PLAN AMENDMENT
23-01 AND SUBDIVISION 23-05
(TENTATIVE TRACT MAP 20595)

UNIVERSITY HILLS SPECIFIC
PLAN -- A request for the following:
(1) adopt the Addendum to the Final
Environmental Impact Report and
Mitigation Monitoring and
Reporting Program (SCH
#2007071155) in compliance with the
California Environmental Quality
Act; (2) approve Specific Plan
Amendment No. 23-01 to amend the development standards and guidelines of the original
development plan and reduce the
number of proposed single-family
residential lots from 980 to 327 within
the University Hills Specific Plan;
(3) approve Subdivision No. 23-05
(Tentative Tract Map No. 20595) to
allow the subdivision of a 404.3-acre
site into 327 single-family residential
lots; and (4) dissolve Development
Agreement No. 08-02. The project
site is located at Badger Canyon
Road and W. Frontline Road at
APNs: 0265-041-12, 0265-051-12 and - 13; 0265-061-16; 0265-011-06, -07, and - 08; 0265-051-09; and 0265-021-13
within the Specific Plan University
Hills (SP-UH), Ward 5.

Environmental Determination:

Addendum to an EIR or Negative Declaration, pursuant to Section 15164(a) of the California
Environmental Quality Act
Applicant: David Hardy
Owner: Encore University Hills,
LLC
The Mayor and City Council of the
City of San Bernardino welcomes your participation in evaluating these items. The Mayor and City
Council will review the proposal and
will consider the proposed environmental determination in making its decisions. The public is welcome to speak at the public hearing or to submit written
comments prior to the hearing. For
more information, please contact
the City Clerk's Office by phone at
(909) 384-5002.

If you challenge the resultant action
of the Mayor and City Council in
court, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written
Packet Page. 1108
correspondence delivered to the City
Planning Division at, or prior to, the
public hearing. 4/25/26
SBS-4024651#
Packet Page. 1109

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 6, 2026
To: Honorable Mayor and City Council Members
From: Telicia Lopez, City Clerk
Department: City Clerk
Subject: Approval of Various Mayor and City Council Meeting Minutes
Recommendation:

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

1. October 19, 2022 Regular Meeting Draft Minutes

2. November 02, 2022 Regular Meeting Draft Minutes

3. November 16, 2022 Regular Meeting Draft Minutes
Packet Page. 1110
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

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

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

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

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

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

AUTHORITY
WEDNESDAY, OCTOBER 19, 2022
7:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:14 PM by Mayor John Valdivia on Wednesday, October 19, 2022, at Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Packet Page. 1111
Regular Meeting Draft Minutes October 19, 2022
Mayor and City Council of the City of San Bernardino Page 2 7:00 PM

INVOCATION AND PLEDGE OF ALLEGIANCE
Chaplain Paul Lujan with Victory Outreach Church led the invocation, and City Manager Robert Field led the Pledge of Allegiance to the Flag.

ROLL CALL
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present

CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated there was no reportable action from Closed Session.

CITY MANAGER UPDATE
At this time, City Manager Rebert Field’s provided updates to the community which included a successful community celebration for the Seccombe Lake Park revitalization and the groundbreaking of the Pepper Avenue Improvement Project in partnership with Rialto, along with the launch of small business grants, new Arrow rail service, Breeze Airways flights, and continued economic development activity. Additional updates highlighted storm cleanup efforts, police enforcement actions, library grant funding, and upcoming community events, including Dia de Los Muertos and Halloween celebrations.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included the Cultural Festival, Pepper Avenue Improvement Project groundbreaking with Rialto, business expos, neighborhood meetings, park improvements, and upcoming events such as Trunk-or-Treat, Veterans Day, and a homeless workshop. Additional updates included advocacy on homelessness housing efforts, and public safety concerns.

PRESENTATIONS

1. Proclamation for American Pharmacists Month – October 2022 (All Wards) Mayor John Valdivia read the Proclamation and presented it to Tariq Abdul Rahman.

2. October 2022 Citizen of the Month – Mohammed (Moe) Ali – Ward 3 Packet Page. 1112
Regular Meeting Draft Minutes October 19, 2022
Mayor and City Council of the City of San Bernardino Page 3 Mayor Pro Tem Juan Figueroa presented the recognition to Mohammed (Moe) Ali

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Jennifer Cheek stated that she attended the meeting as a county employee who regularly heard residents’ hardships, expressed disappointment over Lincoln Property Company’s canceled redevelopment project.

Jim Penman recounted the life and legacy of Chief Ben Gonzalez, highlighted his rise through the San Bernardino Police Department, and respectfully requested the meeting to be adjourned in his memory.

Jacinta Valdez reported ongoing dangerous traffic conditions on Del Rosa near the 210 freeway due to drivers ignoring lane markings, requested barriers and a traffic study to improve safety, and expressed concern about being unfairly moved down the public comment speaking order.

Krista expressed concern about the neglected state of Carousel Mall, the homeless crisis, and air quality, urging the council to secure a developer with a community benefit agreement that ensures local jobs, fair wages, and city growth.

Dolores Armstead urged residents to vote in the upcoming San Bernardino election, and highlighted the need for a diverse, community-oriented police force rather than rehiring retired officers.

Christian Flores asked the City Council to pursue a community benefits agreement for Carousel Mall to support affordable housing, clean air, local jobs, and sustainable development while addressing housing challenges.

Noemi urged the City Council to prioritize community benefits agreements, address affordable housing and homelessness instead of increasing police funding.

Maribel Nunez of Inland Equity Partnership reported tenant hardships at 4th Street, highlighting unsafe conditions, repeated evictions, financial burdens, and urged the City Council to declare a state of housing emergency and hold a special meeting.

Tyler Pruitt expressed concern over the decline of Carousel Mall, and urged the City Council to attract responsible developers, ensure transparency, and create good-paying jobs to restore city pride and growth.

Tyler Okodaka alleged misconduct by a city firefighter, criticized the City’s response to his complaint, and urged accountability and further investigation into the matter.

Celine Perez expressed disappointment over the Carousel Mall developer’s withdrawal and affirmed Something Better For San Bernardino Coalition’s commitment to partner with the City to secure a new developer.

Kristen raised concerns about unsafe living conditions and displacement of unhoused residents, and urged immediate action to provide affordable housing and better support for vulnerable families.

Packet Page. 1113
Regular Meeting Draft Minutes October 19, 2022
Mayor and City Council of the City of San Bernardino Page 4 Danny Garcia criticized unsafe living conditions at 4
th street, highlighted the impact of
displacement on children, suggested raising cannabis taxes, and shared support for Helen Tran in upcoming elections
Mireya Denise representing Something Better for San Bernardino, expressed commitment to partnering with the city and developers to ensure the Carousel Mall redevelopment delivers equitable community benefits.

Ana Gonzalez urged the city to address the Carousel Mall redevelopment, prevent imminent evictions at 340 West 4th Street, and implement long-term housing solutions.

Tammy Neighborman expressed disappointment over the Carousel Mall redevelopment halt, urged pursuit of a developer offering affordable housing.

Jeff Green representing Inland Equity Partnership, urged the city to address the housing crisis at 340 West 4th Street by creating compliant SROs, utilizing ARPA funds for temporary modular housing.

APPOINTMENT

3. Charter Review Committee Appointment of Scott Olson (Ward 2) RESULT: APPROVED CHARTER REVIEW COMMITTEE APPOINTMENT OF SCOTT OLSON [7-0]
MOVER: Kimberly Calvin, Council Member, Ward 5
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Alexander, Calvin

PUBLIC HEARING

4. Ordinance Adding Chapter 9.10 to Title 9 of the San Bernardino Municipal Code (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by title only, and waive further reading of Ordinance No.

MC1600, adding Chapter 9.10 to Title 9 of the San Bernardino Municipal Code, prohibiting possession of firearms on City Property and within City Buildings.

Mayor Valdivia opened the public hearing at 8:57 p.m.

William Lampi, Management Analyst, presented research showing correlations between stricter firearm regulations and reduced gun-related fatalities, including homicides and suicides.

Council members discussed enforcement challenges, the potential role of metal detectors, and public safety considerations, with some expressing concern about law-abiding citizens’ ability to defend themselves.

Mayor Valdivia closed the public hearing at 9:12 p.m.

Packet Page. 1114
Regular Meeting Draft Minutes October 19, 2022
Mayor and City Council of the City of San Bernardino Page 5 ITEM NO. 5 – DEVELOPMENT CODE AMENDMENT NO. 22-05 WAS PULLED BY STAFF; NO DISCUSSION OR ACTION WAS TAKEN BY THE CITY COUNCIL.

RESULT: MOTION TO APPROVE STAFF’S RECOMMENDATION [Failed 3-4] MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Reynoso, Calvin
NOES: Sandra Ibarra, Juan Figueroa, Fred Shorett, and Damon L. Alexander

5. Development Code Amendment 22-05
Recommendation:

It is recommended that the Mayor and City Council take the following actions:

Introduce, read by title only, and waive further reading of Ordinance No. MC-1601 of the Mayor and City Council of the City of San Bernardino, California, amending Section 19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter

19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19) to update development standards for Commercial Cannabis Activities in accordance with Chapter 5.10 (Commercial Cannabis Activities) City of San Bernardino Municipal Code; and finding that the Amendment is Exempt under the California Environmental Quality Act (Attachment 1); and Schedule the adoption of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on November 16, 2022.

The City Manager pulled Item No. 5 from the agenda due to it not being properly noticed.

6. Imposing Liens on Parcels of Real Property for Uncollected Business Registration Fees (All Wards)
Recommendation:

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

1. Conduct a public hearing to receive public comment on the matter; and

2. Adopt Resolution No. 2022-220 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and

3. Direct the Agency Director of Administrative Services to remove any properties from the Business Registration Lien List (Resolution No. 2022-220- Exhibit A) which are resolved prior to the hearing.

Mayor Valdivia opened the public hearing at 9:14 pm.

Minerva Berumen, Business Registration Manager, provided a presentation.

At this time, public comments for the public hearing were heard.

Packet Page. 1115
Regular Meeting Draft Minutes October 19, 2022
Mayor and City Council of the City of San Bernardino Page 6 Emilio Flores stated that he inherited a house from his mother, rented it out, and is disputing city-imposed landlord fees as unconstitutional, arguing based on his legal research and prior success contesting similar citations.

Cesar Garcia requested relief from a $522 fine and potential lien, after which staff and council discussed notification procedures and agreed to work with the individual to review and potentially resolve the issue.

Mayor Valdivia closed the public hearing at 9:21pm.

Council members inquired about how staff identifies rental properties and sends notices, with staff explaining the use of water and county records, multiple mailed notices, and follow-up processes, while acknowledging potential errors and administrative challenges.

Council Member Damon Alexander left the dais prior to the vote and returned after the vote had been taken.

RESULT: APPROVED STAFF’S RECOMMENDATION; ADOPTED
RESOLUTION NO. 2022-220 [4-2]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett
NOES: Ben Reynoso and Kimberly Calvin
ABSENT: Damon Alexander

7. Ordinance Adjusting the Salary and Benefits for the Position of City Council Member.

Recommendation:

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

1. Review and consider the information provided for adjusting the salary and benefits for the position of City Council Member, provide direction for modification, adopt the recommendation from the Elected Official Compensation Advisory Commission as presented, or receive and file; and

2. If decided by the Mayor and City Council: introduce, read by title only, and waive further reading of Ordinance No. MC-1595 of the Mayor and City Council of the City of San Bernardino, California, amending Section 2.82.020 of the San Bernardino Municipal Code to increase City Council Member compensation.

Mayor Valdivia opened the public hearing at 9:26 p.m.

Genevieve Valdez, Deputy Director of Human Resources, provided a staff report.

At this time, public comments for the public hearing were heard.

Packet Page. 1116
Regular Meeting Draft Minutes October 19, 2022
Mayor and City Council of the City of San Bernardino Page 7 Jim Penman expressed support for increasing council compensation due to the workload but cautioned that the proposed raise to $37,500 may be too large and potentially unpopular with the public.

Council discussed increasing council salaries to $37,500, with members citing comparisons to other cities, workload, and compensation concerns, briefly raising the idea of commissioner stipends before determining it as out of scope, and receiving guidance to consider advisory commission recommendations as required by the city charter.

The City Attorney clarified that under the city charter, council compensation must be set by ordinance following a public hearing and must include consideration of the advisory commission’s recommendations, though not necessarily accept them.

Mayor Valdivia closed the public hearing at 9:42 p.m.

RESULT: INTRODUCED ORDINANCE NO. 1595 WITH AN ADJUSTMENT TO SECTION 2A SETTING THE SALARY TO $37,500 AND
REMOVING SECTION 2D. [5-2]
MOVER: Theodore Sanchez Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin
NOES: Juan Figueroa, Damon Alexander

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

RESULT: APPROVED THE CONSENT CALENDAR [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

8. City Board, Commission, and Citizen Advisory Committee Minutes Approved in August/ September 2022.

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in August and September 2022.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Packet Page. 1117
Regular Meeting Draft Minutes October 19, 2022
Mayor and City Council of the City of San Bernardino Page 8

9. San Bernardino Joint Powers Financing Authority (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an informational report on the San Bernardino Joint Powers Financing Authority.

10. Pre-Approval of Travel for FY 2022/23 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, pre-approve travel to all events that are sponsored by the California League of Cities National League of Cities, and the Southern California Association of Governments for the Mayor and City Council for Fiscal Year 2022/2023.

11. Proposed 2023 Regular Mayor & City Council Meeting Schedule (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the proposed 2023 Regular Mayor and City Council Meeting Schedule.

12. Award On-Call Professional Services Agreement for board up and securement abatement services to Eagle Eye Demo and Land Clearing) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Professional Service Agreement with Eagle Eye Demo and Land Clearing, for on-call board-up and securement abatement services; and authorize the Agency Director of Administrative Services to issue a Purchase Order to Eagle Eye Demo and Land Clearing in an annual total amount not to exceed $200,000.

Packet Page. 1118
Regular Meeting Draft Minutes October 19, 2022
Mayor and City Council of the City of San Bernardino Page 9 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

13. Amendment No. 1 to the ESG Subrecipient Agreement with Mary’s Mercy Center
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino approve Amendment No.1 to the Emergency Solutions Grant (ESG) - Program Subrecipient Agreement with Mary’s Mercy Center for an extension to expend the ESG funds through March 31, 2023.

14. Approval of Commercial Payroll Disbursements (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for September 2022.

15. Investment Portfolio Report for August 2022
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for August 2022.

16. Approving Job Classifications and Amending the Salary Schedule Recommendation:

Adopt Resolution No. 2022-221 of the Mayor and City Council of the City of San Bernardino, California:

1. Establishing the Assistant Building Official job classification; and Packet Page. 1119
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2. Amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions.

RESULT: ADOPTED RESOLUTION NO, 2022-221 [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

17. Agreement with Insight Polygraph and Private Investigations (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute an agreement between the City of San Bernardino and Insight Polygraph and Private Investigations for preemployment polygraph services.

18. Agreements with Prestigious Investigations Services, Inc and North American Security and Investigations, Inc.

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, execute Annual Professional Services Agreements for software and hardware usage fees between the City of San Bernardino and Solutions Simplified for DocuSign Software Services, NAP Computers, ATEL Communications, and the two- year renewal service agreement with Governmentjobs.com, Inc., DBA NeoGov for approximately $217,000.

19. Agreement with Bio Tox Laboratories for Forensic Toxicology Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute an agreement between the City of San Bernardino and Bio Tox Industries, and authorize the Agency Director of Administrative Services to issue a purchase order in an amount not to exceed $100,000.

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Mayor and City Council of the City of San Bernardino Page 11 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

20. Adoption of Ordinance No. MC-1597 (Ward 6)
Recommendation:

Adopt Ordinance No. MC-1597 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) RESULT: ADOPTED ORDINANCE NO. MC-1597 [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

21. Irrevocable Agreement to Annex No. 2022-371
Recommendation:

Adopt Resolution No. 2022-222 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to property located within the unincorporated territory at 4260 North “H” Street, San Bernardino, California; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

RESULT: ADOPTED RESOLUTION NO. 2022-222 [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

22. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 21, Tax Zone No. 22 (The Landing) (Ward 1)
Recommendation:

Adopt Resolution No. 2022-223 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 21) and authorizing the levy of a special taxes therein.

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Mayor and City Council of the City of San Bernardino Page 12 RESULT: ADOPTED RESOLUTION NO. 2022-223 [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

23. LED Citywide Street Lighting Upgrade - Phase 2
Recommendation:

1. Approve the award of a Construction Contract with Sierra Pacific Electrical Contracting, Inc., in the amount of $642,350.00 to provide LED Citywide Lighting Upgrade – Phase 2; and

2. Authorize construction, contingencies, and inspection costs in the total amount of $720,000 to provide LED Citywide Lighting Upgrade – Phase 2; and

3. Authorize the City Manager or designee to execute all documents for the construction of the LED Citywide Lighting Upgrade - Phase 2 with Sierra Pacific Electrical Contracting, Inc., and

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

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, October 19, 2022, at 9:45 p.m.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on November 02, 2022, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 PM. and Open Session will begin at 7:00 PM.

Telicia Lopez, CMC
City Clerk
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

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

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

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

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

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

AUTHORITY
WEDNESDAY, NOVEMBER 2, 2022
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 8:14 PM by Mayor John Valdivia on Wednesday, November 2, 2022, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuantto Government Code Section 54956.9(a) and (d)(1):
a. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2013562
b. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538
c. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926
d. Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case No.

CIVSB2025375
e. Matthew Brown v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2025900
f. City of San Bernardino v. Fox Property Holdings LLC, et al., San Bernardino Superior Court Case No. CIVSB2218532
B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6:

Agency Designated Representative: City Manager
Employee Organization: San Bernardino Police Management Association C) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d) (2)): One case: EEOC Complaint No. 480-2022-03838.

D) PUBLIC EMPLOYEE EVALUATION (Pursuant to Government Code Section 54957 (b)(1)): City Manager
7:00 PM

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Greg McNair from All Nations Church led the Invocation and Mayor Pro Tem Juan Figueroa led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated that there was no reportable action from Closed Session.

CITY MANAGER UPDATE
At this time, City Manager Rob Field provided city-wide update, including Code Enforcement property abatements, small business grants, and Red Ribbon Week.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included neighborhood cleanups, truck route study commencing, the General Election next week, and the upcoming Miracle on Court Street holiday events.

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PRESENTATIONS

1. Community Member Recognition: Edwin Johnson, Chords Enrichment Program for Festival
Mayor Valdivia presented a certificate to Edwin Johnson.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA John Hillman spoke about the need to advertise San Bernardino’s potential as a city and his displeasure with an agreement with the American Civil Liberties Union (ACLU) on how to handle homeless individuals.

Steve Mitchell spoke about trucking and homelessness.

Lisa Lamb shared upcoming activities and events at the Norton Science & Language Academy.

Thelma Thomas spoke about addressing homelessness and issues with trucking.

Douglas Houser spoke about gun control and stated that citizens had the right to bear arms.

Janice Houser spoke against the gun ban resolution.

Celeste Williams spoke about issues in her neighborhood with the rising number of homeless individuals.

Jim Penman spoke about the agreement with the ACLU and the need to address the homelessness issue.

Thomas Ruiz spoke about the Carousel Mall demolition and asked for environmental remediation after its demolition.

Robert Porter encouraged everyone to vote and discussed recent events in the community.

Les Phillip asked for notification about businesses coming into the community.

Monica Robles spoke about the Asociacion de Emprendadores and thanked the Council for their support.

Christian Flores spoke, via Zoom, about the Carousel Mall demolition and the need to have an environmental analysis.

DISCUSSION

2. Award Design/Build Contract for the Carousel Mall Demolition (Ward 1) Recommendation:

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

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1. Determine approval of the Design/Build Contract is statutorily exempt from environmental review pursuant to Sections 15268 and 15269 of the State’s guidelines implementing the California Environmental Quality Act; and

2. Approve an award of a Design/Build Contract with Resource Environmental, Inc. in the amount of $7,734,000 adding an allowance in the amount of $2,266,000, for a total amount of $10,000,000; and

3. Authorize the Agency Director of Administrative Services to amend the FY2022/24 CIP to include Carousel Mall Demolition Project (“Project”) in the total project cost amount of $10,000,000; and

4. Authorize the City Manager or designee to execute all documents related to the Project.

Daniel Hernandez provided a report on the contract for the Carousel Mall demolition.

There was discussion amongst the Mayor and City Council regarding the cost of demolition, the timeframe, and environmental impacts. Council Members requested clarification on contingencies and comparison of bids.

Council Member Calvin made a motion to bring the item back at a future meeting, once reports on the environmental impacts were complete and available. Council Member Reynoso seconded the motion.

Council Member Sanchez made a substitute motion to direct staff to review all proposals received, and to bring back the item on December 7, 2022. If the recommendation remains the same, staff shall ensure that Resource Environmental, Inc., be held to the contract of $7,734,000 with no change orders.

Council Member Calvin stated that the environmental reports were still needed. City Manager Robert Field stated that the report would be brought back with the Phase 1 reports and all bids.

Council Member Shorett asked for confirmation that any problems below the surface would be dealt with later. Daniel Hernandez confirmed that this was the case.

RESULT: CONTINUED TO THE REGULAR MEETING OF DECEMBER 7, 2022, TO FURTHER REVIEW ALL PROPOSALS (5-2)
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander
NOES: Ben Reynoso, Kimberly Calvin
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3. Administrative Policy for the Sale of Real Property (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and approve the proposed Administrative Policy for the Sale of Real Property as presented.

There was consensus amongst the City Council to forego staff’s presentation.

RESULT: APPROVED STAFF’S RECOMMENDATION (7-0)
MOVER: Kimberly Calvin, Council Member, Ward 6
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calivin, Alexander NOES: None

PUBLIC HEARINGS

4. Public Hearing on Annexation No. 6 to Community Facilities District 2018-1 (Safety Services), (TR 20494), Adoption of Resolutions for Annexing into the Community Facilities District (Ward 6)
Recommendation:

The Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2022-226 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services), annexing territory to Community Facilities District No. 2018-1 (Safety Services), and calling elections therein; and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2022-227 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) certifying the results of the November 2, 2022, annexation, and special tax election.

Mayor Valdivia opened the public hearing at 10:21 p.m.

There was consensus amongst the City Council to forego staff’s presentation.

There were no public speakers or requests to speak.

City Clerk Rocha confirmed that there were no written protests received, and there were no registered voters within Community Facilities District 2018-1, Annexation No. 6.

Mayor Valdivia closed the Public Hearing at 10:22 p.m.

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Mayor and City Council of the City of San Bernardino Page 6 RESULT: ADOPTED RESOLUTION NO. 2022-226 (7-0)
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander City Clerk Rocha announced that all ballots had been opened and the election was closed.

RESULT: ADOPTED RESOLUTION NO. 2022-227 (7-0)
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

5. Public Hearing on Annexation No. 7 to Community Facilities District 2018-1 (Safety Services), (TR 20495), Adoption of Resolutions for Annexing into the Community Facilities District (Ward 4)
Recommendation:

The Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2022-228 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services), annexing territory to Community Facilities District No. 2018-1 (Safety Services), and calling elections therein; and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2022-229 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) certifying the results of the November 2, 2022, annexation and special tax election.

Mayor Valdivia opened the public hearing at 10:23 p.m.

There was consensus amongst the City Council to forego staff’s presentation.

There were no public speakers or requests to speak.

City Clerk Rocha confirmed that there were no written protests received, and there were no registered voters within Community Facilities District 2018-1, Annexation No. 7.

Mayor Valdivia closed the Public Hearing at 10:26 p.m.

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Mayor and City Council of the City of San Bernardino Page 7 RESULT: ADOPTED RESOLUTION NO. 2022-228 (7-0)
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander City Clerk Rocha announced that all ballots had been opened and the election was closed.

RESULT: ADOPTED RESOLUTION NO. 2022-229 (7-0)
MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

6. Approval of the Draft Fiscal Year 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER) to the US Department of Housing and Urban Development
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, conduct a public hearing on the draft Fiscal Year 2021-2022 Consolidated Annual Performance and Evaluation Report and authorize its submission to the United States Department of Housing and Urban Development (HUD).

Mayor Valdivia opened the public hearing at 10:27 p.m.

Deputy Director of Housing and Homelessness Cassandra Searcy gave a presentation to the City Council and gave an overview of the CAPER.

There were no public speakers or requests to speak.

Mayor Valdivia closed the Public Hearing at 10:32 p.m.
(Council Member Shorett left the dais at 10:29 p.m. and was not present for the vote on this item).

RESULT: APPROVED STAFF’S RECOMMENDATION (6-0)
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Reynoso, Calvin, Alexander ABSENT: Fred Shorett
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7. Community Facilities District No. 2021-1 (Ferree Street) 2022 Special Tax Bonds (Ward 3)
Recommendation:

Adopt Resolution No. 2022-225 of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of, not to exceed $4,000,000, aggregate principal account of Community Facilities District No. 2021-1 (Ferree Street) of the City of San Bernardino Special Tax Bonds, Series 2022; approving a form of preliminary official statement, a form of the fiscal agent agreement, a form of bond purchase agreement, and a form of continuing disclosure agreement; making certain determinations relating thereto; and authorizing certain other action in connect therewith.

Mayor Valdivia opened the public hearing at 10:33 p.m.

Mrunal Shah with Best, Best and Krieger gave a brief presentation to the City Council.

There were no public speakers or requests to speak.

Mayor Valdivia left the dais during this item.

Mayor Pro-Tem Figueroa closed the Public Hearing at 10:35 p.m.

RESULT: ADOPTED RESOLUTION NO. 2022-225 [6-1]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin, Alexander NOES: Ben Reynoso

8. Property Tax Exchange Agreement for the Annexation of Mountain View Avenue Bridge into the City of San Bernardino and detachment from the City of Redlands
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2022-224 of the Mayor and City Council of the City of San Bernardino, California, determining there will be no property tax revenues to be exchanged between the City of San Bernardino, the City of Redlands, and the San Bernardino County Fire Protection District resulting from the jurisdictional change described by LAFCO case number 3258 for portions of real property of approximately 6.27 acres in total area located at the Mountain View Avenue Bridge (portions of APN 0292-011-37-0000, APN 0292-011-42- 0000, and portion of the road bridge) (Attachment 1).

Mayor Pro-Tem Figueroa opened the public hearing at 10:36 p.m.

City Planner David Murray gave a presentation to the City Council.

There were no public speakers or requests to speak.

Mayor Pro-Tem Figueroa closed the Public Hearing at 10:39 p.m.

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Mayor and City Council of the City of San Bernardino Page 9 RESULT: ADOPTED RESOLUTION NO. 2022-224 5-2]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander
NOES: Ben Reynoso, Kimberly Calvin

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

Mayor Pro-Tem Figueroa announced his vote for Item No. 16 as a no.

Mayor Valdivia returned to the dais prior to hearing the Consent Calendar.

RESULT: APPROVED THE CONSENT CALENDAR; MAYOR PRO-TEM
ANNOUNCED A NO VOTE FOR ITEM NO. 16 (7-0)
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

9. Adopt Ordinance No. MC-1593
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1593 approving Development Code Amendment (Zoning Map Amendment) 21-03 changing the Zoning District Classification of one (1) parcel (APN: 0266- 041-40) containing approximately 3.94 acres from Commercial General (CG-1) to Industrial Heavy (IH), pursuant to a Mitigated Negative Declaration (Attachment 1).

RESULT: ADOPTED ORDINANCE NO. MC-1593 [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

10. Agreement with San Bernardino International Airport Authority (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the City Manager to execute a Service Agreement between the San Bernardino International Airport Authority and the City of San Bernardino for Law Enforcement Services.

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Mayor and City Council of the City of San Bernardino Page 10 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

11. Adoption of Ordinance No. MC-1598 Levying Special Taxes in Community Facilities District No. 2022-2 (Palm) (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1598 of the Mayor and City Council of the City of San Bernardino, California, acting as the Legislative Body of Community Facilities District No. 2022-2 (Palm), authorizing the Levy of Special Taxes in such Community Facilities District.

RESULT: ADOPTED ORDINANCE NO. MC-1598 [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

12. Adoption of Ordinance No. MC-1599 Levying Special Taxes in Community Facilities District No. 2022-1 (Highland/Medical) (Ward 3) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Ordinance No. MC-1599 of the Mayor and City Council of the City of San Bernardino, California, acting as the Legislative Body of Community Facilities District No. 2022-1 (Highland/Medical), authorizing the Levy of Special Taxes in such Community Facilities District.

RESULT: ADOPTED ORDINANCE NO. MC-1599 [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

13. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for October 2022.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Packet Page. 1132
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14. Amendment No. 1 to the Master Agreement with Renne Public Policy Group (RPPG) (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 to the agreement between the City of San Bernardino and Renne Public Policy Group (RPPG), to extend and increase the agreement for grant consultation services for an amount not to exceed $57,250 for the extension period of December 2, 2022, through June 30, 2023.

15. Approving Salary Ranges and Amending the Salary Schedule Recommendation:

Adopt Resolution No. 2022-230 of the Mayor and City Council of the City of San Bernardino, California:

1. Increasing the salary range for the classification of Shelter Veterinarian;

2. Approving a one-time, non-pensionable lump sum payment of $20,000 as a hiring incentive for the Shelter Veterinarian position; and

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

RESULT: ADOPTED RESOLUTION No. 2022-230 [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

16. Adoption of Ordinance Amending Chapter 2.82.020 of the San Bernardino Municipal Code to increase City Council Member Compensation p. 680 Recommendation:

Adopt Ordinance No. MC-1595 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.020 of the San Bernardino Municipal Code to increase City Council Member Compensation.

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Mayor and City Council of the City of San Bernardino Page 12 RESULT: ADOPTED ORDINANCE NO. MC-1595 [6-1]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NOES: Juan Figueroa

17. Library Literacy Program Grant Funding
Recommendation:

Adopt Resolution No. 2022-231 of the Mayor and City Council of the City of San Bernardino, California:

1. Accepting grant funding in the amounts of $141,840 from the California Department of Education; $67,465 for Adult Literacy Services, $22,906 for Family Literacy Services and $53,642 for English as a Second Language from the California State Library for Literacy Program services.

2. Authorizing the Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget for the Literacy Program including appropriating $53,642 in both revenues and expenditures for the new English as a Second Language Program and adjusting the Grant Fund budget to account for differences in estimated grant funding and actual grant funds received.

RESULT: ADOPTED RESOLUTION NO. 2022-231 [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

18. Award Professional Services Agreement To Environmental Klean-Up Services Inc. For Commercial Building Demolition, Abatement, And Cleanup Services
Recommendation:

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

1. Approve the award of a Professional Service Agreement with Environmental Klean-up Services Inc. for residential and commercial building demolition, abatement, and cleanup services; and

2. Authorize the Agency Director of Administrative Services to issue a Purchase Order to Environmental Klean-up Services, Inc. in a total amount not to exceed $142,570 including contingencies.

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Mayor and City Council of the City of San Bernardino Page 13 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

19. Pioneer Memorial Cemetery Rules and Regulations
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt the Pioneer Memorial Cemetery Rules and Regulations.

20. Agreement with Z & T Ventures, Inc
Recommendation:

21. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 25, Tax Zone No. 26 (Palm) (Ward 4)
Recommendation:

Adopt Resolution No. 2022-232 of the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 25) and authorizing the levy of a special taxes therein.

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Mayor and City Council of the City of San Bernardino Page 14 RESULT: ADOPTED RESOLUTION NO. 2022-232 [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

22. Agreement with St. Francis Electric, LLC., for Traffic Signal and Related Component Knockdown Services (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute a Maintenance Services Agreement with St. Francis Electric, LLC., for traffic signal supplies and related component knockdown services; and

2. Authorize the Agency Director of Administrative Services to appropriate funds in the amount of $251,500 to the Public Works Operations and Maintenance General Fund and Gas Tax Fund; and

3. Authorize the issuance of a purchase order in the amount not to exceed $251,500.

23. Issuance of a Purchase Order to Arts Connection for Professional Services for the 4th Street Alley Beautification Project (Ward 1) Recommendation:

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

1. Authorize the City Manager to execute a Professional Services Agreement with Arts Connection for 4th Street Alley Beautification Project; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order to Arts Connection for Professional Services in an amount not to exceed $137,000 for the 4th Street Alley Beautification Project RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

24. Resolution Authorizing the City Manager to Execute an Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians (Ward Packet Page. 1136
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Mayor and City Council of the City of San Bernardino Page 15 4)
Recommendation:

Adopt Resolution No. 2022-233 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an Encroachment Permit and Covenant Agreement with the San Manuel Band of Mission Indians, a federally recognized Indian tribe, for the encroachment of improvements that include above ground way-finding signage located at Victoria Avenue north of Piedmont Drive, San Bernardino, California.

RESULT: ADOPTED RESOLUTION NO. 2022-233 [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Packet Page. 1137
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Mayor and City Council of the City of San Bernardino Page 16 Cooperative Maintenance Agreement with the City of Redlands for the Mountain View Avenue Mission Creek Bridge (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Cooperative Maintenance Agreement with the City of Redlands for the Mountain View Avenue Mission Creek Bridge.

25. Award Design Services Agreement for Skate Park Design at Speicher Park (Wards 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the award of a Design Services Agreement with Newline Skateparks for the design of the skate park.

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

26. City’s Participation in the Annual Rendezvous Back to Route 66 (All Wards) – Council Member Alexander
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [7-0] MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

27. Process for Renaming Seccombe Park (Ward 1) - Council Member Sanchez RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [7-0] MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Packet Page. 1138
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28. Establishing a Citywide Neighborhood Watch Program (Ward2) – Council Member Ibarra
Mayor Valdivia noted that the Police Department currently runs a Neighborhood Watch Program.

RESULT: ITEM DID NOT RECEIVE SUPPORT – NO VOTE WAS TAKEN

29. Providing Appointed Commissioners, a per Meeting Stipend (All Wards) – Council Member Calvin
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING [7-0] MOVER: Damon Alexander, Council Member, Ward 7
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

30. Initiate a Request for Proposals seeking a consultant to prepare a feasibility study for an electric trolley system in the Downtown area (Wards 1, 3) – Council Member Reynoso
RESULT: APPROVED FOR CONSIDERATION AT A FUTURE MEETING (7-0) MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, November 2, 2022, at 10:52 p.m. in honor of Former San Bernardino Police Department Chief Ben Gonzalez, who recently passed away.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, November 16, 2022, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

By:_________________________
Telicia Lopez, CMC
City Clerk
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Draft Minutes
For the
Regular Meeting of the Mayor and City Council
of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority WEDNESDAY, NOVEMBER 16, 2022
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:33 PM by Mayor Pro-Tem Juan Figueroa on Wednesday, November 16, 2022, at Feldheym Central Library, San Bernardino, CA.

Call to Order
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Absent
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Absent
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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Mayor and City Council of the City of San Bernardino Page 2 5:30 P.M.

CLOSED SESSION PUBLIC COMMENT
Treasurer Ortiz gave a public comment regarding the downtown redevelopment project, the city’s contract with RDICO, and the slow progress being made.

CLOSED SESSION p. 11
A) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code §54956.8)
Property: Carousel Mall Property, 43 acres
Agency Negotiator: Robert D Field, City Manager, or designee Negotiating Parties: SBDC (Renaissance Downtown USA/ICO Real Estate Group)
Under Negotiation: Price and Terms
B) PUBLIC EMPLOYEE EVALUATION (Pursuant to Government Code §54957 (b)(1)): City Manager
7:00 P.M.

The Regular meeting of the Mayor and City Council of the City of San Bernardino was called to order at 7:24 PM by Mayor Pro-Tem Juan Figueroa on Wednesday 4, 2026, at Feldheym Central Library, San Bernardino, CA.

INVOCATION AND PLEDGE OF ALLEGIANCE
“Pastor Sharon” led the invocation. Council Member Sanchez led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
City Attorney Sonia Carvalho stated there was no reportable action.

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CITY MANAGER UPDATE
City Manager Robert Field provided city-wide updates. Highlights included the introduction of some new city hires, a review of veteran’s day celebrations that took place, Blair Park Fitness Court ribbon cutting, the White House summit at California State University, San Bernardino, street improvements, the city's first female African American officer, free Thanksgiving dinners at Senior centers, and an upcoming tree-lighting ceremony.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor Pro-Tem and City Council Members provided community updates, highlighting participation in local events, including Veteran’s Day programs at Valley College, the Hope of Color Banquet at Lutheran Services, and neighborhood association activities.

PRESENTATIONS

1. A PRESENTATION BY SOUTHERN CALIFORNIA EDISON ON PROGRAMS AND SERVICES OFFERED TO SUPPORT FLEET ELECTRIFICATION.

Mark Clement, Government Affairs Manager for SCE, updated the Council on efforts in San Bernardino, including EV charger expansion, electrical pole repairs, the Warm Creek Bridge project, street light issues, and the Charge Ready Project, which helps fund EV infrastructure and supports city residents in transitioning to electric vehicles.

2. Citizen of the Month – Gonzalo B Carrillo (Junior) - Ward 4 (November 2022) Council Member Shorett presented the Citizen of the Month Award to Junior Carrillo.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Treasure Ortiz commented on the Tenants Bill of Rights and homelessness. She commended Council Member Reynoso for labeling homelessness a State of Emergency.

Felicia Alexander invited meeting attendees to the upcoming San Bernardino Turkey Trot.

Jessica Andelan, on behalf of Supervisor Joe Baca’s Office, invited attendees to their open house taking place on December 6th at 4:30 PM at the Government Center Building.

Zetty Epps, from the 6th ward, commented on the poor condition of the streets and the increase in containers being placed in residential areas.

Tyler Durden addressed the Council regarding a prior issue he raised about his wife being assaulted by the San Bernardino Fire Protection District.

Russell DeGuan of Operation New Hope reported on the Violence Intervention and Youth Reinvestment programs.

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Mayor and City Council of the City of San Bernardino Page 4 Kristen Melby, with SoCal Trash Army, shared a personal story and urged the council to adopt innovative policies and codes to address homelessness.

Dolores Armstead advocated for staffing assistants for council members. She asked if it would be possible to designate space and time for legal food vendors to work, and to address all the illegal food vendors in the city.

Jocelyn Faisal, from the Dorjil Apartments Renters United, commented on the inhumane conditions in her apartment complex and unfair evictions.

Christian Flores of Inland Congregations United for Change (ICUC) supported the Tenant Bill of Rights, noting it holds landlords accountable and recommends annual amendments to address evolving tenant needs.

Albert de la Vega, a funnel-cake vendor, requested a six-month moratorium on citations and equipment confiscation to protect street vendors’ livelihoods.

Oscar Rodriguez, a street vendor, commented on the poor way he felt his community was being treated by city officials, specifically by the police department.

Selena Herrera, a peanut vendor, requested that the council create a designated public space for vendors, similar to one in Los Angeles.

Jerry Owens of Ward 3 urged the council to repair Rialto Avenue from I Street to Pepper, noting he had been requesting it for 11 years without action.

Luis Ojeda invited the community to an upcoming community clean-up. He commented on the lack of code enforcement in some areas.

Felipe Almazon asked the council for permits for street vendors in the city.

Margarita Vega asked the council to extend the time allowance for vendors to sell in the city. She asked the council to encourage code enforcement to treat vendors better.

Miriam Espinoza commented on street vending in the city. She asked the council to pass a moratorium on the citations and confiscations of street vendor equipment.

Robert Porter asked the council to pass the Arts and Historical Preservation suggestions regarding arts grants. He also suggested some ideas for Seccombe Park.

Allie Payne, a community member, commented on the high number of evictions taking place in the city.

City Clerk Genoveva Rocha read the following written comments into the record, per ADA accommodation.

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Mayor and City Council of the City of San Bernardino Page 5 Hardy Brown supported the Hiring Grant and advocated for police officers to live in the communities they serve.

Stephanie Sykes expressed concern about the city’s decline and the number of unlicensed street vendors.

DISCUSSION

3. Discussion of Recent State Law that Provides Tenant Protection and Consideration of Establishing Local Tenants Bill of Rights Recommendation:

Discuss the Tenant Protection Act of 2019, Assembly Bill 1482 (“AB 1482”), and consider further studies related to establishing a local Tenants Bill of Rights.

Deputy Director of Housing and Homelessness Cassandra Searcy presented on the California Tenant Protection Act (AB 1482), explaining that it provides rent control and “just-cause” eviction protections for tenants who have occupied a unit for at least 12 months, with certain property exemptions. She noted that, at the council’s direction, the city could expand upon AB 1482 by adopting additional local tenant protections outlined in the presentation.

At this time, Mayor Pro-Tem Figueroa allowed three speakers who should have spoken during the public comment period to speak.

Dolores Armstead stated she had no comment and thanked the presenter for clearly clarifying the information.

Julie Pauley, representing mobile home park owners, stated that mobile home tenants have greater protections compared to other housing types.

Ben Benoit of the California Apartment Association stated that investors and developers are less likely to work with cities pursuing additional rent control measures and suggested removing such policies to attract development.

At this time, the Council returned to the presentation and discussion.

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Mayor and City Council of the City of San Bernardino Page 6 Council members discussed potential enhancements to AB 1482, including stronger tenant protections and enforcement measures. Council Member Reynoso proposed increased notice periods, higher relocation assistance, and more frequent mobile home rent reviews, while Council Member Calvin inquired about the enforcement of health and safety standards. Council Member Sanchez suggested guidelines for tenant-paid repairs with reimbursement, and Council Member Shorett emphasized strengthening code enforcement. Staff indicated plans to form an ad hoc committee, review policies from other cities, and return with recommendations. Deputy Director Searcy noted that the Tenant Bill of Rights was expected to be ready by February 2023.

RESULT: NO VOTE TAKEN; RECEIVE AND FILE

PUBLIC HEARING

4. Resolution to Declare 42 City-owned Properties as Surplus Land (Wards 1, 2, 3, 4, 6, 7)
Recommendation:

Adopt Resolution No. 2022-234 of The Mayor and City Council of the City of San Bernardino, California, declaring City-owned properties, identified by the following assessor parcel numbers: 013407119, 013407124, 013407158, 013407126, 013422143, 013410109, 013410110, 013401424, 013401425, 013401426, 013401427, 013402126, 013402127, 013402128, 013402129, 014607202, 028134110, 028134104, 015412507, 015412602, 015412601, 015412630, 014319174, 014319175, 014252208, 014252209, 014252211, 014252212, 014252235, 014252236, 014252237, 014252238, 014252225, 014252242, 014252241, 014252213, 014252214, 014252215, 014252216, 014252217, 014301244, 015545110, as surplus land; authorizing the issuance of the notice of availability forms and directing the City Manager to comply with the Surplus Land Act, Government Code section 54220 et seq., and finding the action exempt from CEQA for the disposition of city-owned properties.

Mayor Pro-Tem Figueroa opens the public hearing at 9:50 PM.

Director of Community Housing and Economic Development Nathan Freeman presented a resolution to declare 42 city-owned properties as surplus from a larger inventory of approximately 800 parcels, identifying about 100 vacant, underutilized properties suitable for redevelopment. Due to capacity constraints, the process was divided into phases, with the selected properties prioritized based on their potential for affordable housing and existing developer interest. Upon approval, staff would initiate the Surplus Land Act process, including notifying the state and allowing affordable housing developers an opportunity to respond before proceeding with broader development options.

At this time, public comments were heard for the Public Hearing.

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Mayor and City Council of the City of San Bernardino Page 7 Dolores Armstead asked that residents be given a role in deciding how the surplus properties are used and who is selected to develop them.

Mayor Pro-Tem Figueroa closed the public hearing at 9:56 PM.

RESULT: ADOPTED RESOLUTION NO. 2022-234 [6-0]
MOVER: Kimberly Calvin, Council Member, Ward 6
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra

5. Development Code Amendment 2205 P. 244
Recommendation:

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

1. Introduce, read by title only, and waive further reading of Ordinance No. MC1601 of the Mayor and City Council of the City of San Bernardino, California, amending Section19.02.020 (Definitions), Chapter 19.06 (Commercial Zones), and Chapter 19.10 (Industrial Zones) of the City of San Bernardino Municipal Code (Title 19) to update development standards for Commercial Cannabis Activities in accordance with Chapter 5.10 (Commercial Cannabis Activities) City of San Bernardino Municipal Code; and finding that the Amendment is Exempt under the California Environmental Quality Act (Attachment 1); and

2. Schedule the adoption of Ordinance No. MC1601 to the regularly scheduled meeting of the Mayor and City Council on December 7, 2022.

Assistant planner Elizabeth Rodriguez provided a staff report on this item.

There were no public comments.

Mayor Pro-Tem Figueroa closed the public hearing at 9:59 PM.

City Clerk Genoveva Rocha read the title of Ordinance MC-1601 into the record.

RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1601 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra
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6. Public Hearing on Annexation No. 27 to Community Facilities District 20191 (Ward 3)
Recommendation:

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

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2022-235 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 27); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2022-236 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 27); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC1602 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 and levying special taxes to be collected during Fiscal Year 2022/2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services); and Schedule the adoption of Ordinance No. MC1602 for December 7, 2022.

Mayor Pro-Tem Figueroa opened the public hearing at 10:01 PM.

There were no public speakers or requests to speak.

City Clerk Rocha reported there were no written protests received.

The City Clerk confirmed that the County of San Bernardino Registrar of Voters had certified that there were no registered voters within annexation No. 27 of community facilities district No. 2019-1.

Mayor Pro-Tem closed the public hearing at 10:02 PM.

RESULT: APPROVED RESOLUTION NO. 2022-235 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra
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Mayor and City Council of the City of San Bernardino Page 9 RESULT: APPROVED RESOLUTION NO. 2022-236 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra
City Clerk Genoveva Rocha read the title of Ordinance MC-1602 into the record.

RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC-1602 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra

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

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEMS
NO. 7 AND 13 FOR A SEPARATE VOTE [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra

7. Professional Services Agreement with Hurst Brooks Espinosa (HBE) LLC for State Legislative Advocacy Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager, or his designee, to execute a two-year (2) agreement, (with the option to extend the agreement by one-year (1) administratively), with Hurst Brooks Espinosa (HBE) LLC for state legislative advocacy services.

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Council Member Sanchez made a motion to table the item, and the motion was seconded by Council Member Shorett.

RESULT: APPROVED TABLING OF THE ITEM FOR FUTURE DISCUSSION [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra

8. Aspen Institute City Learning Action Lab and City of San Bernardino Investment Playbook Update (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the City's participation in the Aspen Institute City Learning Action Lab, and development of the City of San Bernardino Investment Playbook.

9. Investment Portfolio Report for September 2022 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for September 2022.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra
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10. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for October 2022.

11. San Bernardino Police Management Association Compensation and Benefits Plan P. 524
Recommendation:

Adopt Resolution No. 2022-237 of the Mayor and City Council of the City of San Bernardino, California, repealing Resolution No. 2015225, and adopting the Compensation and Benefits Plan between the City of San Bernardino and the San Bernardino Police Management Association (SBPMA), and updating the citywide salary schedule.

RESULT: ADOPTED RESOLUTION NO. 2022-237 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra

12. Allocation of $110,000 from the Cultural Development Impact Fund to fund facility upgrades at the Norton Gym and Jerry Lewis Swim Center Pump Room and to fund the Veterans Stand Down event and employee recognition event
Recommendation:

Adopt Resolution No. 2022-238 of the Mayor and City Council of the City of San Bernardino, California, approving the allocation of $110,000 from the Cultural Development Impact Fund to be allocated to facility upgrades at Norton Gym ($30,000), Jerry Lewis Swim Center Pump Room ($50,000), Veterans Stand Down event ($20,000), and employee recognition event ($10,000).

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Mayor and City Council of the City of San Bernardino Page 12 RESULT: ADOPTED RESOLUTION NO. 2022-238 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra

13. Approve the Awards of $98,000 for Visual and Performing Arts Grant to Winning Applications
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize Visual and Performance Art Grant awards to winning applications totaling $98,000.

Council Member Calvin recused herself from this item due to a conflict of interest.

Council Member Sanchez requested that the item be continued to the next meeting, directing staff to include all applications for the recommended awards so that both the council and the public can see how the funds will be allocated.

RESULT: APPROVED THE CONTINUATION OF THE ITEM FOR THE NEXT

MEETING FOR STAFF TO INCLUDE ALL THE APPLICATIONS FOR
THE RECOMMENDED AWARDS [5-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Reynoso, Alexander
NOES: None
ABSENT: Sandra Ibarra
RECUSED: Kimberly Calvin

14. Purchase of Cellular Site Simulator Equipment (All Wards) Recommendation:

Adopt Resolution No. 2022-239 of the Mayor and City Council of the City of San Bernardino, California, approving the Cellular Site Simulator Usage and Privacy Policy and authorizing the Agency Director of Administrative Services to amend the Adopted FY2022/2024 budget by $460,000, and issue a Purchase order to Tactical Support Equipment in an amount not to exceed $860,000.

RESULT: ADOPTED RESOLUTION NO. 2022-239 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra
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15. Authorize a Budget Amendment to the Adopted 2022/2023 Budget and Enter into a Professional Service Agreement for a Police Dispatch Consultant (All Wards)
Recommendation:

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

1. The Agency Director of Administrative Services to amend the adopted 2022/2023 budget by increasing both revenue and expenditure by $158,670, and issue a purchase order to Kim Turner, LLC in an amount not to exceed $158,670.

2. The City Manager will enter a professional service agreement with Kim Turner, LLC, for police dispatch consulting and training manual preparation.

16. Accept the 2022 COPS Hiring Program Grant
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California adopt Resolution No. 2022-241 authorizing:

1. The City Manager to Accept the 2022 Department of Justice Community Oriented Policing Services Grant.

2. The Agency Director of Administrative Services to amend the FY 2022/23 Adopted Budget with an appropriation of $1,250,000 in both revenues and expenditures in grant funds and $348,870.90 in General Fund expenditures in grant match requirements.

3. The police department wants to increase sworn staffing from 287 to 297.

RESULT: ADOPTED RESOLUTION NO. 2022-241 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra

17. Citywide Bus Stop Improvements Change Order (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California authorize the City Manager or designee to execute Contract Change Order (CCO) #1 to Project No. 13507 with Tryco General Engineering, in the amount of $238,759 for a total contract not to exceed amount of $501,259.

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Regular Meeting Draft Minutes November 16, 2022
Mayor and City Council of the City of San Bernardino Page 14 RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra

18. Maintenance Agreement with Southern California Regional Rail Authority (SCRRA) and Amendment No. 1 to Agreement with San Bernardino County Transportation Agency (SBCTA) and Omni Transportation (Omnitrans) (All Wards)
Recommendation:

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

1. Approve the Maintenance Agreement for AtGrade Crossings with the Southern California Regional Rail Authority (SCRRA); authorize the City Manager to execute said Agreement; and

2. Mayor and City Council of the City of San Bernardino Page 6

3. Approve Amendment No. 1 to Agreement No. 171001666 between the City of San Bernardino, San Bernardino County Transportation Agency (SBCTA) and Omni Transportation (Omnitrans) for the operation and maintenance of the San Bernardino Transit Center, authorize the City Manager to execute said Amendment No.1
RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra

19. Agreement with McCain, Inc., for Traffic Signal Controllers (All Wards) Recommendation:

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

1. Authorize the City Manager to execute a Goods and Services Agreement with McCain, Inc., for traffic signal controllers and related components; and

2. Adopt resolution No. 2022-242 authorizing the Agency Director of Administrative Services to amend the FY 2022/23 General Fund Operating Budget in the amount of $200,000; and

3. Authorize the Agency Director of Administrative Services to issue a purchase order to McCain, Inc. for the purchase of traffic signal controllers in the amount not to exceed $200,000.

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Regular Meeting Draft Minutes November 16, 2022
Mayor and City Council of the City of San Bernardino Page 15 RESULT: ADOPTED RESOLUTION NO. 2022-242 [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra

20. Issuance of a Purchase Order to National Auto Fleet Group for CNG Dump Truck (All Wards)
Recommendation:

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

1. Authorize the purchase of a CNG Dump truck 2024 Freightliner 114SD from National Auto Fleet Group in the amount of $302,499.71; and

2. Authorize the Agency Director of Administrative Services to appropriate $302,499.71 to purchase the Freightliner Dump Truck using the AB2766 fund; and

3. Authorize the Agency Director of Administrative Services to issue a purchase order for National Auto Fleet Group in the amount not to exceed $302,499.71.

21. Amendment No. 3 to Agreement with Z&K Consultants, Inc. (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California authorize the execution of Amendment No. 3 to Professional Services Agreement with Z&K Consultants, Inc., extending the agreement until June 30, 2023.

RESULT: APPROVED STAFF’S RECOMMENDATION [6-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra
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Regular Meeting Draft Minutes November 16, 2022
Mayor and City Council of the City of San Bernardino Page 16

22. Professional Services Agreements for OnCall Pre-Qualified Engineering Services
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California approve the award of five-year Professional Services Agreements with various engineering firms and authorize the City Manager, or designee, to sign and execute the agreements.

23. Amendment No. 1 to the Professional Services Agreement with Tetra Tech BAS, Inc. (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Tetra Tech BAS, Inc., to install upgrades to the existing landfill gas collection and treatment system at the City's inactive Waterman Landfill; and

2. Authorize the Agency Director of Administrative Services to issue a purchase order to Tetra Tech BAS, Inc. in the amount not to exceed $418,160.

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

24. Resolution Declaring Homelessness a State of Emergency (All Wards) – Council Member Reynoso
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Regular Meeting Draft Minutes November 16, 2022
Mayor and City Council of the City of San Bernardino Page 17 RESULT: APPROVED ITEM NO. 24 TO BE HEARD AT A FUTURE MEETING [6-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None
ABSENT: Sandra Ibarra

25. Airbnb Policy (All Wards) – Council Member Alexander Council Member Shorett commented that the item was already in the works and coming forward.

RESULT: APPROVED ITEM NO. 25 TO BE HEARD AT A FUTURE MEETING [5-1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: Fred Shorett
ABSENT: Sandra Ibarra

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, November 16th, 2022, at 10:17 PM.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on December 7, 2022, at the Feldheym Central Library located at 555 West 6th St Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m., and Open Session will begin at 7:00 p.m.

Telicia Lopez, CMC
City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 6, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Approval of Amendment No. 2 to the Professional Services Agreement with Redwood Private Security, LP to
Incorporate Regal Theatre Security Services into the
Citywide Contract and Approval of an Additional
Professional Services Agreement for Navigation Center
Construction Site Security Services (All Wards)
Recommendation:

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

1. Approve Amendment No. 2 to the Professional Services Agreement with Redwood Private Security, LP to incorporate security services for the Regal Theatre into the existing Citywide contract and increase the total not-to-exceed compensation by $80,000; and

2. Approve a Professional Services Agreement with Redwood Private Security, LP for the provision of unarmed security services at the Navigation Center construction site in the amount of $291,667.20, utilizing the same competitively procured rates established under the original agreement; and

3. Authorize the City Manager to execute all related documents necessary to effectuate Amendment No. 2 to the Citywide Agreement and the Professional Services Agreement for the Navigation Construction site.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
This item requests Mayor and City Council approval for two (2) security service actions to safeguard City assets. The first increases the citywide Redwood Private Security contract by $80,000 annually to include the Regal Theatre. The second establishes a Packet Page. 1158
separate standalone agreement in the amount of $291,667.20 for unarmed security at the Navigation Center construction site. Together, these actions ensure continuous protection of city-owned facilities and prevent costly delays or vandalism at key project sites during off-hours.

Background
On October 18, 2023, the City entered into a Professional Services Agreement (PSA) with Redwood Private Security LP following a competitive Request for Proposals (RFP) process to provide citywide security guard services. The PSA established standardized rates, service expectations, and operational protocols for security services across multiple City facilities.

On August 7, 2024, the City approved Amendment No. 1 to the PSA, which expanded the scope of services to include the Park Ranger Program. This amendment increased both the service levels and total not-to-exceed compensation under the agreement to a not-to-exceed of $2,427,264.00.

Since September 6, 2023, the City has also maintained a standalone agreement with Redwood Private Security, LP for armed security services at the Regal Theatre, a Cityowned asset. Security services at this location are required pursuant to the lease agreement with Regal Cinemas and have been funded through the Cultural Development Fund. The Regal Theatre agreement has been extended through its final allowable term and is now set to be rolled into the Citywide contract structure.

Discussion
Amendment No. 2 to the PSA incorporates the Regal Theatre security services into the existing Citywide contract with Redwood Private Security, LP. This consolidation eliminates the need for a separate agreement and improves administrative efficiency, contract oversight, and consistency in service delivery.

The amendment increases the total annual not-to-exceed compensation by $80,000 to a new total annual not-to-exceed of $2,507,264.00, to support continued security services at the Regal Theatre. The Regal Theatre remains a key cultural asset within the downtown area, and continued security services are necessary to maintain a safe and secure environment for patrons and visitors.

In addition, staff request approval of a new standalone Professional Services Agreement with Redwood Private Security, LP to provide unarmed security services at the Navigation Center construction site in a total not-to-exceed amount of $291,667.20, which includes a 10% contingency to account for potential fluctuations in service needs during construction activities.

The Navigation Center site has experienced ongoing challenges related to unauthorized access, vandalism, and security concerns, particularly during overnight hours, weekends, and holidays when the site is unoccupied and more vulnerable.

These security services were approved on March 1, 2026, on an emergency basis due Packet Page. 1159
to the urgent need when construction started. As construction progresses and valuable materials and equipment are staged on-site, the risk of theft, property damage, and project disruption increases significantly. These services will continue through June 30, 2027, to provide continued support to the site as it transitions from construction to an open campus. Once the campus opens and begins operating as intended, we will reevaluate the details and needs of security.

While the Navigation Center is an existing service location under the original PSA, the level of service required for construction operations, including overnight, weekend, and holiday coverage, exceeds the current scope of services. The proposed agreement utilizes the same competitively procured hourly rates established through the original RFP and ensures that the City can address the increased security demands associated with active construction while maintaining cost efficiency. These actions will allow the City to maintain consistency in service delivery, ensure protection of City-owned assets and infrastructure, and allow this agreement to have a 10% contingency outside the citywide agreement to support the protection of the site as construction progresses into operation.
2021-2025 Strategic Targets and Goals
This item supports Strategic Goal No. 3: Improved Quality of Life by maintaining safe, secure, and well-managed public spaces, including the Regal Theatre and the Navigation Center project site. Approval of this item will ensure continued and enhanced security services that protect City investments, support ongoing operations, and promote a safe environment for residents, visitors, and project activities.

Fiscal Impact
In prior fiscal years through FY 2025/26, security services for the Regal Theatre were funded through the Cultural Development Fund. Beginning in FY 2026/27, these costs will transition to the Economic Development Department’s budget and will be included as an ongoing annual allocation of $80,000 for the duration of the contract.

Security services for the Navigation Center construction site will be funded through the Navigation Center’s existing project budget, which is supported by a General Fund loan. These expenses are considered eligible project-related costs and will be managed within the established project financing framework.

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

2. Approve a Professional Services Agreement with Redwood Private Security, LP for the provision of unarmed security services at the Navigation Center Packet Page. 1160
construction site in the amount of $291,667.20, utilizing the same competitively procured rates established under the original agreement; and

Attachments
Attachment 1 Amendment No. 2 to the Citywide Professional Services Agreement With Redwood Private Security, LP
Attachment 2 Amendment No. 1 to the Citywide Professional Services Agreement with Redwood Private Security, LP
Attachment 3 Citywide Professional Services Agreement Redwood Private Security, LP
Attachment 4 Hope Campus Professional Services Agreement Redwood Private Security, LP
Attachment 5 Exempt Purchase Justification Form for Security Services Navigation Center Hope Campus
Attachment 6 Original Regal Cinemas, Inc Agreement with Redwood Private Security, Letter of Extension Options
Year 1 & 2
Attachment 7 Original Lease Agreement with Regal Cinemas, Inc Ward:

All Wards
Synopsis of Previous Council Actions:

July 16, 2025 The Mayor and City Council adopted Resolution 2023-141, approving and authorizing The Agency Director of
Administrative Services to approve the FY 2023/24 Budget by appropriating Eighty Thousand Dollars ($80,000) from the General Fund to the Community Economic Development
Department Professional Contractual Fund to provide funding for the Professional Services Agreement and issue a
purchase order to Redwood Security Services, LP pursuant to RFP F-22-80A.

August 7, 2024 The Mayor and City Council approved Amendment No. 1 to the PSA, which expanded the scope of services to include the Park Ranger Program. This amendment increased both the
service levels and total not-to-exceed compensation under the agreement to a not-to-exceed of $2,427,264.00.

October 18, 2023 The Mayor and City Council authorized the City Manager to execute a PSA with Redwood Private Security, LP, for
citywide unarmed security guard services
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CC: Eric Levitt, City Manager
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AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

WITH REDWOOD PRIVATE SECURITY, LP
This Amendment No. 2 to the Professional Services Agreement is made and entered into as of May 6, 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Redwood Private Security, LP, a limited partnership (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated October 18, 2023, for the purpose of providing security services (the “Original Agreement”).

B. WHEREAS, the City and the Consultant have entered into an Amendment No. 1 to the Original Agreement, dated August 7, 2024, for the purpose of amending the scoop of services to include the Park Ranger program to assist in securing the parks, increasing the compensation, and the not to exceed compensation.

C. WHEREAS, the Parties now desire to amend the Original Agreement in order to include security services at the Regal Theatre, a City-owned asset, and to allocate additional funding in the amount of $80,000 to support the continued performance of such services in accordance with the compensation provisions of the Original Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Compensation. The compensation for services performed pursuant to this Amendment No. 2 shall not exceed Eighty Thousand Dollars ($80,000)annually, thereby increasing the total not-to-exceed compensation of the Original Agreement to Two Million Five Hundred Seven Thousand Two Hundred Sixty-Four Dollars ($2,507,264.00) annually. Work shall be performed at the rates set forth in the Original Agreement.

3. Full Force. Except as amended by this Amendment No. 2, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2.

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4. Electronic Transmission. A manually signed copy of this Amendment No. 2, which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.

5. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT

WITH REDWOOD PRIVATE SECURITY, LP
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

ERIC LEVITT

CITY MANAGER
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

REDWOOD PRIVATE SECURITY, LP

JASON BERCKART

CHIEF EXECUTIVE OFFICER
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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

WITH REDWOOD PRIVATE SECURITY, LP
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of August 7, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Redwood Private Security, LP a limited partnership (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated October 18, 2023, for the purpose of providing security services (the “Master Agreement”).

B. WHEREAS, the City approved and funded a Park Ranger program to assist in securing City parks and providing a safe environment for community members.

C. WHEREAS, qualified personnel cannot be attained to fill this desired program.

D. WHEREAS, the Consultant can provide the City with a desired Park Ranger service at a reduced cost, parties now desire to amend the Master Agreement in order to change the scope of service and compensation of the Master Agreement.

E. WHEREAS, Park Ranger program funding will be used to pay the Consultant for the increased scope of service.

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

AGREEMENT

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

2. Scope of Service. The scope of service performed by the Consultant as described in Exhibit A, Scope of Work, will expand to include Park Ranger responsibilities (Exhibit B, Park Ranger Scope of Work). This will include patrols for all city parks and other park-related needs as determined by the City.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed Five hundred fifteen thousand one hundred and eighty-eight dollars ($ 515,188), thereby increasing the total not to exceed compensation of the Master Agreement to the amount of two million four hundred twenty seven thousand

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two hundred sixty four dollars ($2,427,264). Work shall be performed at the rates set forth in the Master Agreement.

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

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

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

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

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

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton
Acting City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Jason Berckart, CPP
Chief Executive Officer
Signature
Name
Title

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EXHIBIT “B”
Park Ranger Scope of Work
Park Ranger Services
Location Day(s) Hours
All City Parks Monday through
Sunday
TBD by the City based
on Park Needs.

Description of Duties
Under general supervision, patrols parks and grounds to promote park safety and to enforce City rules, codes, and policies; promotes positive engagement with park patrons; and other duties as assigned.  Provides exemplary customer service to all individuals by demonstrating a willingness to be attentive, understanding, responsive, fair, courteous, and respectful.  Patrols assigned work areas for possible violations of penal, vehicle, and municipal codes; issues municipal citations.
 May counsel, advise, or detain individuals whose actions endanger the public or park property.  Provides basic outreach and offers resource materials to unhoused individuals in the parks.  Reads and explains laws, codes, ordinances, and/or regulations to provide accurate information to park visitors.
 Assists with City and Department sponsored community events, including supervision, event patrol, parking control.
 Ensures park facilities are available for use and in a safe and clean condition; reports problems to a supervisor or the appropriate authority.
 May identify, remove, transport, or dispose of hazardous materials and hypodermic needles and/or other drug paraphernalia.
 Alerts supervisor or park administration staff concerning safety, security, sanitary conditions, and maintenance needs.
 Maintains a log of activities and incidents; prepares written reports.  Coordinates with or assists Park, Police, Code Enforcement and Fire Department personnel regarding incidents and investigations involving City parks.  Testifies in court and responds to requests for crime prevention services.  Directs vehicular and pedestrian traffic.
 Responds to calls for service in City Parks.
 Operates light vehicles, radios, and other necessary equipment to perform Ranger activities.  Attends in-service training programs.
 Interprets and applies policy and regulatory guidance to resolve and correct park activities.  Analyzes complex problems and recommends effective solutions.  Interacts with the public in potentially volatile situations and issues warnings and citations, when necessary, within scope of responsibility.
 Exercises tact to resolve disputes regarding City Park rules, regulations and ordinance matters in a tactful and productive manner.
 May be assigned to projects, cross-functional teams or deliver presentations which aim to enhance City’s Park and Recreational objectives.
 Performs other duties as assigned.

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND REDWOOD PRIVATE SECURITY, LP
This Agreement is made and entered into as of March 1, 2026 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Redwood Private Security LP, a limited partnership with its principal place of business at 473 E. Carnegie Drive, Suite 200, San Bernardino, Ca 92408 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Security at San Bernardino Hope Campus Navigation Center Construction Site (hereinafter referred to as “the Project”).

B. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional services for unarmed security services, including maintaining a high-visibility on-site presence to deter unauthorized entry, monitoring and controlling access to the project site, challenging unauthorized individuals, coordinating with the San Bernardino Police Department as needed for trespassers or suspicious activity, and preparing and submitting daily activity reports through an electronic reporting system., and possesses the necessary expertise, resources, and personnel to complete the Project in a timely and professional manner as specified herein.

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project.

3. Professional Practices. All professional services to be provided by Packet Page. 1216
2 Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” For the additional unarmed security services described herein, compensation shall be based on an average monthly cost of Sixteen Thousand Five Hundred Seventy-Two Dollars ($16,572), consistent with the Contractor’s quote attached hereto and incorporated by reference.

The total compensation for these additional services shall not exceed Two Hundred SixtyFive Thousand One Hundred Fifty-Two Dollars ($265,152), plus a contingency of ten percent (10%) in the amount of Twenty-Six Thousand Five Hundred Fifteen Dollars and Twenty Cents ($26,515.20) to account for variations in service levels, including weekends and holidays.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Two Hundred Ninety-One Thousand Six Hundred Sixty-Seven Dollars and Twenty Cents ($291,667.20). This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

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

City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

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

6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2027, unless the Agreement is previously terminated as provided for herein (“Term”). All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be Packet Page. 1217
3 maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

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

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

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4 c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

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

Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from working on the Services by the Consultant and shall not be re-employed to perform any of the Services.

Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

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

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

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so Packet Page. 1219
5 assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

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

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

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
Packet Page. 1220
6 (2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance Packet Page. 1221
7 with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
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8 Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (ACORD Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.

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9 (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VIII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

Packet Page. 1224
10 (vi) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement
m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

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

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Packet Page. 1225
11 Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

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

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

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

21. Termination or Abandonment
a. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Packet Page. 1226
12 Agreement. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
c. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

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

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

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

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

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

27. Organization. Consultant shall assign Larry Krininger as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

Packet Page. 1227
13 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Eric Levitt
With Copy To:

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

Redwood Private Security
473 E. Carnegie Drive, Suite 200
San Bernardino, CA 92408
Attn: Jason Berckart

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

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

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

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

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without Packet Page. 1228
14 the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

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

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

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

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

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

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

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

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

42. Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

43. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Packet Page. 1229
15 Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

44. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 1230
16 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND REDWOOD PRIVATE SECURITY, LP
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
ATTESTED BY:

Telicia Lopez, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

REDWOOD PRIVATE SECURITY, LP
Signature
Jason Berckart
Chief Executive Officer
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17 Packet Page. 1232
18 Packet Page. 1233
19 Packet Page. 1234
20 Packet Page. 1235
21 Packet Page. 1236
22 Scope of Services – Security Coverage
Contractor shall provide security guard services at the School of Hope facility located at 796 E. 6th Street. Services shall be performed Monday through Friday from 4:30 PM to 6:30 AM, and on a continuous twenty-four (24) hour basis during weekends and recognized holidays. All services shall be performed in accordance with the terms and conditions of this Agreement.

Compensation and Billing Rates
Contractor shall be compensated for services rendered in accordance with the following bill rates, effective through November 30, 2026: a regular hourly rate of $31.61 and a holiday/overtime hourly rate of $47.42. The average monthly cost for services during this period is estimated at $16,572. Actual compensation shall be based on the number of hours worked and invoiced in accordance with these rates.

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City of San Bernardino

EXEMPT PURCHASE JUSTIFICATION FORM
Finance Department
Purchasing Division
Updated June 2025 Page 1 of 2
SECTION 1: GENERAL INFORMATION
VENDOR NAME: ITEM DESCRIPTION:

SECTION 2: FORMS OF EXEMPT PURCHASES
This form documents purchases exempt from competitive bidding under San Bernardino Municipal Code Section 3.04. All exemptions require written justification, appropriate documentation, and approval at the designated authorization level. A current quote showing scope, pricing, and duration must be attached. Select the applicable exemption type below.

SOLE/SINGLE SOURCE: Only one supplier can reasonably meet the department’s needs due to proprietary technology, required compatibility with existing systems, standardization, or a demonstrated track record of successful performance. Written justification and market research are required. ▪ Must demonstrate proprietary technology, exclusive licensing, or specialized performance requirements. ▪ Price cannot be the sole factor in determining sole source status. ▪ Requires market research documentation to substantiate the claim. ➢ Complete all of Section 3 (Questions 3.1–3.4).

COOPERATIVE AGREEMENT/PIGGYBACK: Procurement is being made under a cooperative purchasing agreement, leveraging an existing government contract to secure competitive pricing.

CONTRACT SOURCE: _____________________________ CONTRACT NUMBER: ______________________ ▪ Requires verification from the Purchasing Division before use.

EMERGENCY PURCHASE (Defined under San Bernardino Municipal Code 3.04.070): An urgent, unforeseen situation requiring immediate action to prevent or mitigate threats to life, health, property, or essential public services.
▪ Approval Required: Must be reported to the City Manager and City Council.

GRANT-DIRECTED: A procurement mandated by the terms of a grant agreement, such as a required vendor, specific product, or purchasing method identified in the grant award or funding conditions. Requires review by Grants Management and/or Legal.
▪ Must cite specific grant language supporting the exemption. ➢ Attach a copy of the grant agreement or relevant excerpt. ➢ Complete Questions 3.1 and 3.3, if applicable.

CONFIDENTIAL PROCUREMENT (Limited to City Attorney & Human Resources): The procurement involves sensitive or legally protected information that cannot be publicly disclosed. ▪ Must be reviewed by the City Attorney’s Office for legal compliance. ➢ Attach a memo or other supporting documentation as applicable.

SECTION 3: JUSTIFICATION FOR EXEMPT PROCUREMENT

3.1 Why is the acquisition restricted to this good/service/supplier? ➢ Complete Section 5: Additional Comments. Provide justification with specific details of the emergency event/needs including immediate action taken or to be taken. ➢ Must provide Purchasing with required back-up documents within 45 days of purchase or service. ➢ Complete Questions 3.1 and 3.3, if applicable.

Redwood Private Security LP Security Services Hope Camp Citywide PSA The City currently maintains an active Professional Services Agreement (PSA) with Redwood Private Security, LP, which was competitively procured through a formal Request for Proposals (RFP). The requested services represent an expansion in the level of service (nights, weekends, and holidays) at an existing service location (Navigation Center construction site) already covered under the original agreement. Utilizing Redwood Private Security ensures continuity of services, operational efficiency, and consistency in service delivery, as the contractor is already familiar with City protocols, reporting systems, and site-specific requirements. The additional services will be provided at the same competitively bid hourly rates established through the original RFP process, eliminating the need for a new procurement.
✔
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City of San Bernardino

EXEMPT PURCHASE JUSTIFICATION FORM
Finance Department
Purchasing Division
Updated June 2025 Page 2 of 2

3.2 Describe the uniqueness of the purchase (why was the good/service/supplier chosen?)

3.3 What are the consequences of not purchasing the good/service or contracting with the proposed supplier?

3.4 Summarize the market research conducted, including efforts to identify alternatives and determine price reasonableness.

Include supplier contacts, past purchase comparisons, or explain if no search was carried out.

SECTION 4: AUTHORIZING SIGNATURES
By signing below, I certify that I am authorized to submit this request, that it complies with the City’s procurement policies and MC §3.04, and that the selected vendor meets all qualification, pricing, and regulatory requirements. I understand that purchases over $100,000 require City Council approval, regardless of exemption. _________________________________ _______________
Department Head Date
Approved
_________________________________ _______________
Purchasing Manager (Up to $50,000) Date
Not Approved
Approved
_________________________________ _______________
City Manager (Up to $100,000) Date
Not Approved
SECTION 5: ADDITIONAL COMMENTS
For emergency purchases, cite the purchasing policy for emergency type: (1) a public calamity; (2) an immediate need to prepare for national or local defense; (3) the breakdown of machinery or equipment causing a service impediment requiring immediate resolution; (4) a hazard to public health or welfare; or (5) situation in which the City will be unable to perform services for the public. Attach additional page(s) for expanded narrative, if necessary.

Redwood Private Security was selected through a formal RFP process and has demonstrated successful performance under the existing PSA. The firm provides trained personnel, established reporting systems (TrackTik), and the ability to immediately scale services to meet expanded operational needs. The requested services are not a new scope category but an increased level of service (extended hours and coverage) within the existing contract framework. Maintaining the same contractor avoids duplication of administrative efforts, reduces transition risks, and ensures seamless continuation of security operations at a critical City construction site.

Failure to approve this procurement would result in insufficient security coverage at the Navigation Center construction site during high-risk periods (nights, weekends, and holidays). This would increase the risk of trespassing, theft, vandalism, and potential safety hazards. Additionally, initiating a new procurement process would delay implementation of necessary security services, creating a gap in coverage and exposing the City to liability and potential project disruptions.

The original PSA with Redwood Private Security, LP was awarded through a competitive RFP process, establishing fair and reasonable market pricing for security services. The additional services will be provided at the same hourly rates ($31.61 regular and $47.42 holiday/OT) that were competitively bid and approved. Given that this request is for expanded service levels under an existing competitively procured agreement, no additional market research was necessary. The use of the existing PSA ensures continued compliance with procurement standards while maintaining cost efficiency.

This request supports ongoing construction operations at the Navigation Center by providing necessary after-hours security coverage.

The procurement leverages an existing agreement to ensure timely implementation, cost control, and continuity of service without disruption. This was approved on an emergency basis due to vandalism on the site within hours of the jobsite trailer being placed.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 6, 2026
To: Honorable Mayor and City Council Members
From: Andrea Russell, Director of Human Resources
Department: Human Resources
Subject: Amendments to Professional Services Agreements for Legal Services (All Wards)
Recommendation:

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

1. Third Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Christina Nedrebo v.

City of San Bernardino, et al., Superior Court Case No. CIVSB2402094 increasing the not-to-exceed amount from $400,000 to $750,000.

2. Second Amendment to the Professional Services Agreement with Carpenter, Rothans and Dumont for representation in the Manuel Zamudio, Jr. v. City of San Bernardino, et al., United States District Court Case No. 5:24-cv-01747- MWF-SHK increasing the not-to-exceed amount from $100,000 to $160,000.

3. Second Amendment to the Professional Services Agreement with Carpenter, Rothans and Dumont for representation in the Manual Ortiz v. City of San Bernardino, et al., United States District Court Case No. 5:24-cv-00118-SB-SP increasing the not-to-exceed amount from $100,000 to $250,000.

City Manager's Comments
No recommendation.

Executive Summary
Amending the legal services agreements by increasing the not-to-exceed limit for all ongoing cases herein allows the City to pay outstanding invoices and retain current legal counsel.

Background
Christina Nedrebo v. City of San Bernardino
On October 5, 2023, the City entered into an agreement with Atkinson, Andelson, Loya, Packet Page. 1381
Ruud and Romo in the amount of $100,000 pursuant to 3.04.085 (A) of the Municipal Code to represent the City in the Nedrebo v. City of San Bernardino, San Bernardino Superior Court Case CIVSB2402094. This case remains active.

On July 16, 2025, the City entered into a first amendment to the agreement with Atkinson, Andelson, Loya, Ruud and Romo in the amount of $250,000 pursuant to

3.04.085 (A) of the Municipal Code to represent the City in the Nedrebo v. City of San Bernardino, San Bernardino Superior Court Case CIVSB2402094.

On October 15, 2025, the City entered into a second amendment to the agreement with Atkinson, Andelson, Loya, Ruud and Romo in the amount of $400,000 pursuant to 3.04.085 (A) of the Municipal Code to represent the City in the Nedrebo v. City of San Bernardino, San Bernardino Superior Court Case CIVSB2402094.

Manuel Zamudio, Jr. v. City of San Bernardino
On September 20, 2024, the City entered into an agreement with Carpenter, Rothans and Dumont in the amount of $50,000 pursuant to 3.04.085 (A) of the Municipal Code to represent the City in the Manuel Zamudio, Jr. v. City of San Bernardino, United States District Court Case No. 5:24-cv-01747-MWF-SHK.

On September 24, 2025 the City entered into a first amendment to the agreement with Carpenter, Rothans and Dumont in the amount of $100,000 pursuant to 3.04.085 (A) of the Municipal Code to represent the City in the Manuel Zamudio, Jr. v. City of San Bernardino, United States District Court Case No. 5:24-cv-01747-MWF-SHK.

Manual Ortiz v. City of San Bernardino
On March 28, 2025, the City entered into an agreement with Carpenter, Rothans and Dumont in the amount of $50,000 pursuant to 3.04.085 (A) of the Municipal Code to represent the City in the Manual Ortiz v. City of San Bernardino, United States District Court Case No. 5:24-cv-00118-SB-SP.

On February 11, 2026, the City entered into a first amendment to the agreement with Carpenter, Rothans and Dumont in the amount of $100,000 pursuant to 3.04.085 (A) of the Municipal Code to represent the City in the Manual Ortiz v. City of San Bernardino, United States District Court Case No. 5:24-cv-00118-SB-SP.

Discussion
Atkinson, Andelson, Loya, Ruud and Romo and Carpenter, Rothans and Dumont have provided effective and timely legal services on these matters.

Increasing the not-to-exceed limits will allow for the continued engagement of these firms as legal counsel for the City. Maintaining these relationships is recommended to protect the City’s interests and minimize potential liability.

Packet Page. 1382
The matters involving Christina Nedrebo and Manuel Ortiz remain active, while the case involving Manuel Zamudio has been closed. The requested increase for Zamudio will cover the remaining outstanding legal invoices received by the City.

Case Firm Current Not-toExceed AmountProposed Not-toExceed Amount Christina Nedrebo Atkinson,
Andelson,
Loya, Ruud and
Romo
$400,000 $750,000
Manuel Zamudio Carpenter,
Rothans and
Dumont
$100,000 $160,000
Manual Ortiz Carpenter,
Rothans and
Dumont
$100,000 $250,000
2021-2025 Strategic Targets and Goals
Authorization of these amendments aligns with Key Target No. 1e: Improved Operational & Financial Capacity – Minimize Risk and Litigation Exposure. Continued legal representation protects the City’s interest and avoids unnecessary liability.

Fiscal Impact
The fiscal impact is $560,000. The Fiscal Year 2025-26 Operating Budget has sufficient funds to accommodate this increase to the Professional Legal Services Agreements.

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

1. Third Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Christina Nedrebo v.

City of San Bernardino, et al., Superior Court Case No. CIVSB2402094 increasing the not-to-exceed amount from $400,000 to $750,000.

Attachments
Attachment 1 – Third Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Packet Page. 1383
Christina Nedrebo case
Attachment 2 – Second Amendment to the Professional Services Agreement with Carpenter, Rothans and Dumont for representation in the Manuel Zamudio case.

Attachment 3 - Second Amendment to the Professional Services Agreement with Carpenter, Rothans and Dumont for representation in the Manual Ortiz case.

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

Attachment 5 - First Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Christina Nedrebo case.

Attachment 6 - Second Amendment to the Professional Services Agreement with Atkinson, Andelson, Loya, Ruud and Romo for representation in the Christina Nedrebo case.

Attachment 7 - Professional Services Agreement with Carpenter, Rothans and Dumont for representation in the Manuel Zamudio case.

Attachment 8 - First Amendment to the Professional Services Agreement with Carpenter, Rothans and Dumont for representation in the Manuel Zamudio case.

Attachment 9 - Professional Services Agreement with Carpenter, Rothans and Dumont for representation in the Manual Ortiz case.

Attachment 10 - First Amendment to the Professional Services Agreement with Carpenter, Rothans and Dumont for representation in the Manual Ortiz case.

Ward:

All Wards
Synopsis of Previous Council Actions:

October 15, 2025 Mayor and City Council authorized the City Manager to execute a Second Amendment to the Professional Services
Agreement with Andelson, Loya, Ruud and Romo for
representation in the Christina Nedrebo v. City of San
Bernardino, Superior Court Case No. CIVSB2402094.

July 16, 2025 Mayor and City Council authorized the City Manager to execute Packet Page. 1384
a First Amendment to the Professional Services Agreement with Andelson, Loya, Ruud and Romo for representation in the Christina Nedrebo v. City of San Bernardino, Superior Court Case No. CIVSB2402094.

CC: Eric Levitt

Packet Page. 1385

THIRD AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
This Third Amendment (“Third Amendment”) to the Professional Services Agreement dated May 6, 2026, is made and entered into by and between the City of San Bernardino (“City”) and Atkinson, Andelson, Loya, Ruud and Romo (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On October 5, 2023, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to Christina Nedrebo v. City of San Bernardino, Superior Court. Case No. CIVSB2402094 (“Original Agreement”). b. On July 16, 2025, the City entered into the First amendment to the agreement for a total not to exceed $250,000 (“First Amendment”).
c. On October 15, 2026, the City entered into the Second amendment to the agreement for a total not to exceed $400,000 (“Second Amendment”). d. City and Consultant now desire to increase the amount of the Original Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $400,000 to $750,000.

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

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

Dated: ATKINSON, ANDELSON, LOYA, RUUD AND ROMO
By: Irma Moisa Rodriguez
Its: Partner
Dated: CITY OF SAN BERNARDINO
By: Eric Levitt
Its: City Manager
Packet Page. 1386

SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH CARPENTER, ROTHANS AND DUMONT, LLP
This Second Amendment (“Second Amendment”) to the Professional Services Agreement dated May 6, 2026 is made and entered into by and between the City of San Bernardino (“City”) and Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On September 20, 2024, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to Manuel Zamudio, Jr. v. City of San Bernardino, et al., United States District Court. Case No. 5:24-cv01747-MWF-SHK (“Original Agreement”). b. On September 24, 2025, the City entered into the First Amendment to the agreement for a total not to exceed $100,000 (“First Amendment”). c. The City and Consultant now desire to increase the amount of the Original Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $100,000 to $160,000.

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

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

Dated: ______________ CARPENTER, ROTHANS & DUMONT, LLP
______________________
By: Steven J. Rothans
Its: Partner
Dated: ________________ CITY OF SAN BERNARDINO
___________________________
By: Eric Levitt
Its: City Manager
Packet Page. 1387

SECOND AMENDMENT TO THE LEGAL SERVICES AGREEMENT

1. This Amendment is made with respect to the following facts and purposes:
a. On March 28, 2025, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to Manual Ortiz and A.O. v. City of San Bernardino, et al., United States District Court. Case No. 5:25-cv-00118-SB- SP (“Original Agreement”).
b. On February 11, 2026, the City and Consultant entered into a First Amendment to the Services Agreement in the amount of $100,000.
c. The City and Consultant now desire to increase the amount of the Original Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $100,000 to $250,000.

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

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

Dated: _______ CARPENTER, ROTHANS & DUMONT, LLP
_______________________
By: Steven J. Rothans
Its: Partner
Dated: _______

CITY OF SAN BERNARDINO
__________________________
By: Eric Levitt
Its: City Manager
Packet Page. 1388

ATKI N S O N , AN D EL S O N , LO Y A , RUUD & RO M O

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

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

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

M A R I N
(628) 234-6200

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

AT T O R NEY S AT L AW
2151 RI V E R PL A Z A DR I V E , SU I T E 300
SACRAMENTO, CALIFORNIA 95833-4130
(916) 923-1200
FAX (916) 923-1222
WWW.AALRR.COM

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

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

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

S A N D I E G O
(858) 485-9526
42396573.2
[email protected]
(916) 920-6954
October 5, 2023

VIA EMAIL
[email protected];[email protected]

CONFIDENTIAL, SUBJECT TO ATTORNEY-CLIENT PRIVILEGE
Genevieve Valdez
Oscar Avila
City of San Bernardino
290 North D Street
San Bernardino, California 92401
Re: Representation re Christina Nedrebo v City of San Bernardino, et al.

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

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

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

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

DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page. 1389

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

Page 2 ends

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

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

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

Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
• Commercial General Liability Insurance must include coverage for the following:
• Bodily Injury and Property Damage
• Personal Injury/Advertising Injury
• Premises/Operations Liability
DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page. 1390

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

Page 3 ends

42396573.2
• Products/Completed Operations Liability
• Aggregate Limits that Apply per Project
• Explosion, Collapse and Underground (UCX) exclusion deleted • Contractual Liability with respect to this Contract
• Broad Form Property Damage
• Independent Consultants Coverage
• The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
• The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. • The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. • Automobile Liability
• At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
• Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
• The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. • Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.

DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page. 1391

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

Page 4 ends

42396573.2
• Workers’ Compensation/Employer’s Liability
• Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
• To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
• Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. • Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.

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

DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page. 1392

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

Page 5 ends

42396573.2
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury , personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and aggregate • Defense costs shall be payable in addition to the limits. • Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. • Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. • Policy Provisions Required
• Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.

DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page. 1393

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

Page 6 ends

42396573.2
• The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, selfinsurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
• The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
• All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
• The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
• Qualifying Insurers
• All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
• Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. • Additional Insurance Provisions
• The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page. 1394

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to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification.
• If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
• The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.
• Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. • Subconsultant Insurance Requirements.

Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

Indemnification.

To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page. 1395

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

If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

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

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

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

Protection of Client Confidences – High Tech Communication Devices. The Firm stays constantly aware of its important obligation to preserve the secrets and confidences of its clients, which it holds in precious trust for them. To that end it is important that you and the Firm agree from the outset what kinds of communications technology the Firm should employ in the course of this engagement. For instance, the exchange of documents and other information using email or other types of electronic communications involves some risk that information will be retrieved DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page. 1396

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

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

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

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

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

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

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

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

In addition to our fees, Client will also be responsible for paying a 9% administrative charge calculated and based on fees billed to cover costs and expenses incurred in our handling of the matter such as photocopies, local travel charges and parking, fax charges, telephone charges and other similar charges. In addition to the administrative charge Client will be responsible for DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page. 1397

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

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

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

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

Client agrees to review the Firm’s monthly statements promptly upon receipt and to notify the Firm, in writing, with respect to any disagreement with the monthly statement. Failure to communicate written disagreement with the Firm’s monthly statement within sixty (60) days of Client’s receipt thereof shall be deemed to signify Client’s agreement that the monthly billing statement accurately reflects: (i) the legal services performed; and (ii) the proper charge for those legal services.

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

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

Conflicts with Other Clients. The Firm has a number of attorneys. The Firm may currently or in the future represent one or more other clients in matters involving Client. The Firm undertakes this engagement on the condition that the Firm may represent another client in a matter in which the Firm does not represent Client, even if the interests of the other client are adverse to those of Client (including appearance on behalf of another client adverse to Client in litigation or arbitration), provided the other matter is not substantially related to the Firm’s representation of Client and in the course of representing Client attorneys of the Firm have not obtained confidential information of Client material to the representation of the other client (“Permitted Adverse DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page. 1398

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

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

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

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

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

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

Termination of Attorney-Client Relationship. The attorney-client relationship between you and the Firm will cease at the conclusion of the Matter. There are instances when the Firm has been DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page. 1399

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

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

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

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

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

The parties shall each have the right of discovery in accordance with Code of Civil Procedure Section 1283. Arbitrations conducted pursuant to this agreement permit the same discovery rights as in a court proceeding. Each party shall bear their own costs and attorney fees, including payments to the arbitrator which can be significantly more costly than the filing fee in Court proceedings where costs may be awarded to the prevailing party. Each party to this agreement waives and therefore gives up important constitutional rights in arbitration as the arbitrator’s decision is final. There is no right to appeal to challenge any errors made in the arbitration DocuSign Envelope ID: F98CC202-3041-4E5C-BF01-96266A66E45B Packet Page. 1400

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

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

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

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

Very truly yours,

ATKINSON, ANDELSON, LOYA, RUUD & ROMO
Susana P. Solano
SPS:map

ACCEPTANCE AND CONSENT BY CLIENT
The undersigned is the Client or an authorized officer or agent of Client and has reviewed and hereby agrees and consents to the above terms and conditions of Client’s engagement of the Firm. / / /
/ / /
/ / /
/ / /
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE

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

CITY OF SAN BERNARDINO
APPROVED BY:

Charles E. McNeely
City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT/LAW FIRM
__
Susana P. Solano,
Partner, Atkinson Andelson, Loya Ruud &
Romo
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Docusign Envelope ID: 7ED7704F-E64B-4C58-9431-BC5B900C939F 10/26/2025
10/26/2025
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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND CARPENTER, ROTHANS & DUMONT, LLP
This Agreement is made and entered into as of September 20, 2024 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Carpenter, Rothans & Dumont, a California Limited Liability Partnership with its principal place of business at 500 South Grand Avenue, Nineteenth Floor, Los Angeles, California, 90071 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project; legal representation in all litigation matters including but not limited to claims and summons for an incident that occurred on December 13, 2023, involving Manuel Zamudio, Jr. (hereinafter referred to as “the Project”.)
B. Consultant is duly licensed and has the necessary qualifications to provide such services.

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

2. Services. Consultant shall provide the City with legal representation in all litigation matters for the Project.

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

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services provided in Section 2.

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2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of fifty thousand dollars ($50,000). All attorney rates are set at two-hundred and twenty dollars ($225) per hour. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services unless the Agreement is previously terminated as provided for herein (“Term

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

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances Docusign Envelope ID: 7A10F777-79A8-4B71-A9BF-2EF51C8F44B5 Packet Page. 1407
3 include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and Docusign Envelope ID: 7A10F777-79A8-4B71-A9BF-2EF51C8F44B5 Packet Page. 1408
4 any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

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

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

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

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

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

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6 d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
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7 (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives Docusign Envelope ID: 7A10F777-79A8-4B71-A9BF-2EF51C8F44B5 Packet Page. 1412
8 its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided Docusign Envelope ID: 7A10F777-79A8-4B71-A9BF-2EF51C8F44B5 Packet Page. 1413
9 by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

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

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), Docusign Envelope ID: 7A10F777-79A8-4B71-A9BF-2EF51C8F44B5 Packet Page. 1414
10 employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.

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

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

22. Attorneys’ Fees. In the event that litigation is brought by any Party in Docusign Envelope ID: 7A10F777-79A8-4B71-A9BF-2EF51C8F44B5 Packet Page. 1415
11 connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

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

27. Organization. Consultant shall assign Steven J. Rothans, as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

CITY:

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

Carpenter, Rothans & Dumont, LLP.
500 South Grand Avenue
Nineteenth Floor
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12 Attn: Director of Human Resources
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Los Angeles, California, 90071
Attn: Steven J. Rothans

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

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

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

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

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

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

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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14 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND CARPENTER, ROTHANS & DUMONT, LLP.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton
Acting City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Steven J. Rothans
Name
Title
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15 Exhibit A
Legal representation in all litigation matters including but not limited to claims and summons for an incident that occurred on December 13, 2023, involving Manuel Zamudio, Jr. (hereinafter referred to as “the Project”.) Docusign Envelope ID: 7A10F777-79A8-4B71-A9BF-2EF51C8F44B5 Packet Page. 1420

FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH CARPENTER, ROTHANS AND DUMONT, LLP
This First Amendment (“First Amendment”) to the Professional Services Agreement dated September 20, 2024 is made and entered into by and between the City of San Bernardino (“City”) and Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On September 20, 2024, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to Manuel Zamudio, Jr. v. City of San Bernardino, et al., United States District Court. Case No. 5:24-cv01747-MWF-SHK (“Original Agreement”). b. The City and Consultant now desire to increase the amount of the Original Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $50,000 to $100,000.

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

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

Dated: _______________ CARPENTER, ROTHANS & DUMONT, LLP By: Steven J. Rothans
Its: Partner
Dated: _______________ CITY OF SAN BERNARDINO
By: Eric Levitt
Its: City Manager
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10/7/2025
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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND CARPENTER, ROTHANS & DUMONT, LLP
This Agreement is made and entered into as of March 28, 2025 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Carpenter, Rothans & Dumont, a California Limited Liability Partnership with its principal place of business at 500 South Grand Avenue, Nineteenth Floor, Los Angeles, California, 90071 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project; legal representation in all litigation matters including but not limited to claims and summons for an incident that occurred on January 8, 2024, involving Manual Ortiz and A.O. (hereinafter referred to as “the Project”.) B. Consultant is duly licensed and has the necessary qualifications to provide such services.

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

2. Services. Consultant shall provide the City with legal representation in all litigation matters for the Project.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services.

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2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of fifty thousand dollars ($50,000). All attorney rates are set at two-hundred and twenty dollars ($225) per hour. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services unless the Agreement is previously terminated as provided for herein (“Term

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Docusign Envelope ID: 1E44E439-B5AF-4A8F-8DC1-8D0BEC2148D9 Packet Page. 1423
3 Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.

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5 (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
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6 (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

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7 (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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8 (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact Docusign Envelope ID: 1E44E439-B5AF-4A8F-8DC1-8D0BEC2148D9 Packet Page. 1429
9 same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

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

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) Docusign Envelope ID: 1E44E439-B5AF-4A8F-8DC1-8D0BEC2148D9 Packet Page. 1430
10 and debarment of contractors and subcontractors (Labor Code Section 1777.

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

22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by Docusign Envelope ID: 1E44E439-B5AF-4A8F-8DC1-8D0BEC2148D9 Packet Page. 1431
11 the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

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

27. Organization. Consultant shall assign Steven J. Rothans, as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Andrea E. Russell, Director of
Human Resources
CONSULTANT:

Carpenter, Rothans & Dumont, LLP.
500 South Grand Avenue
Nineteenth Floor
Los Angeles, California, 90071
Attn: Steven J. Rothans
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12 With Copy To:

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

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

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

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

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

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

42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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14 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND CARPENTER, ROTHANS & DUMONT, LLP.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Andrea E. Russell
Director of Human Resources
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Steven J. Rothans
Name
Title
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15 Exhibit A
Legal representation in all litigation matters including but not limited to claims and summons for an incident that occurred on January 8, 2024, involving Manual Ortiz and A.O. (hereinafter referred to as “the Project”.)
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FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT

WITH CARPENTER, ROTHANS AND DUMONT, LLP
This First Amendment (“First Amendment”) to the Professional Services Agreement dated March 28, 2025 is made and entered into by and between the City of San Bernardino (“City”) and Carpenter, Rothans and Dumont, LLP (“Consultant”) as of the last date set forth below.

1. This Amendment is made with respect to the following facts and purposes:
a. On March 28, 2025, the City and Consultant entered into a Services Agreement for the provision of legal services pertaining to Manual Ortiz and A.O. v. City of San Bernardino, et al., United States District Court. Case No. 5:25-cv-00118-SBSP (“Original Agreement”). b. The City and Consultant now desire to increase the amount of the Original Agreement.

2. The Original Agreement is hereby amended to increase the total not to exceed amount from $50,000 to $100,000.

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

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

Dated: _______________ CARPENTER, ROTHANS & DUMONT, LLP By: Steven J. Rothans
Its: Partner
Dated: _______________ CITY OF SAN BERNARDINO
By: Eric Levitt
Its: City Manager
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2/16/2026
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Page 1 ends

Mayor and City CouncilMay 6, 2026

Mayor and City Council
May 6, 2026