Agenda packet — Mayor and City Council, July 15, 2026 (part 9 of 15)

RESOLUTION NO. 2026-107

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

RECITING THE FACTS OF THE PRIMARY MUNICIPAL
ELECTION HELD ON JUNE 2, 2026, CERTIFYING THE

ELECTION RESULTS AND SUCH OTHER MATTERS AS
PROVIDED BY LAW.

WHEREAS, the Primary Municipal Election was consolidated with the Statewide Primary Election and was conducted in the City of San Bernadino, California on Tuesday June 2, 2026, as required by law; and
WHEREAS, notice of the election was given in the time, form and manner as provided by law; that voting precincts were properly established; that elections officers were appointed and that in all respects the election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in the time, form and manner as required by the provisions of the Elections Code of the State of California and the Charter of the City of San Bernardino for holding of elections; and
WHEREAS, the Registrar of Voters of the County of San Bernardino canvassed the returns of the election and has certified the results to this City Council, the results are received, attached, and made a part hereof as ‘Exhibit “A.”

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

SECTION 1. That the whole number of ballots cast in the City of San Bernardino was 38,027.

SECTION 2. That the Names of Persons and the offices for which they were voted are as follows:

For the Office of Member of the City Council Ward 1 Votes Omar Williams 222
Virginia Marquez 776
Theodore Sanchez 566
Ron Alvarado 710
For the Office of Member of the City Council Ward 2 Votes Benito J. Barrios 752
Christian Shaughnessy 916
Sandra Ibarra 642
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Resolution No. 2026-107
Resolution 2026-107
July 17, 2026

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For the Office of Member of the City Council Ward 4 Votes Erick Marquez 407
Jesus “Chuy” Medina 841
Vincent D. Laster 214
Fred Shorett 1,840
Joe Salas 2,058
For the Office of the Mayor Votes
Helen Tran 14,011
Amy Malone 2,314
Ronnika Ngalande 2,509
Rick P. Avila 2,610
Ivan Garcia 2,641
John Valdivia 1,553
SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit “A” attached.

SECTION 4. Pursuant to San Bernardino Municipal Code section 2.56.040, the City Council does declare and determine that Helen Tran was re-elected as the Mayor of the City of San Bernardino for the full term of four years. The successful candidate shall be seated and shall begin their new term of service in December 2026. In addition, pursuant to San Bernardino Municipal Code Section 2.56.040, the City Council does declare and determine that the two candidates for the First Ward, Second Ward, and Fourth Ward with the highest number of votes shall be entered into and appear on the ballot as the City Council candidates at the General Municipal Run-Off Election to be held November 3, 2026, those candidates are Virgina Marquez, Ron Alvarado for the First Ward; Benito J. Barrios, Christian Shaughnessy for the Second Ward; Fred Shorett, and Joe Salas for the Fourth Ward.

SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the results of the election showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For What office each person was voted for; (4) The number of votes given at each precinct to each person.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

SECTION 7. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that Packet Page. 2284
Resolution No. 2026-107
Resolution 2026-107
July 17, 2026

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the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 9. Effective Date. This Resolution shall become effective immediately.

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

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2026-107
Resolution 2026-107
July 17, 2026

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-107, adopted at a regular meeting held on the 15th day of July 2026 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 16th day of July 2026.

Telicia Lopez, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 15, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Amendment No. 1 to the Agreement with the County of San Bernardino for Fire Hazard Abatement Services,
consenting to the reassignment of the program’s
administration from the Land Use Services Department to the San Bernardino County Fire Protection District and
extending the agreement through June 30, 2031. (All
Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 with the County of San Bernardino and San Bernardino County Fire Protection District (SBCFPD) for Fire Hazard Abatement services consenting to the novation and assignment of the agreement to SBCFPD and extending the term of the agreement through June 30, 2031.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
The City currently contracts with the County of San Bernardino for Fire Hazard / Weed Abatement (FHA) services, which have previously been administered by the County's Land Use Services (LUS) Department. Effective July 1, 2026, the responsibility for administration and delivery of the FHA program transitioned from the LUS Department to the San Bernardino County Fire Protection District (SBCFPD). Amendment No. 1 to the City’s agreement for FHA services recognizes this change by assigning all of the County's contractual rights and responsibilities to SBCFPD. The amendment also extends the agreement through June 30, 2031, while maintaining the original annual contract amount of $12,209.

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Background
On July 5, 2018, the Mayor and City Council approved an agreement with the County of San Bernardino to provide Fire Hazard Abatement Services. Under the agreement, the County’s Land Use Services Department assumed responsibility for administering the City’s semi-annual fire hazard abatement program at a cost of $1.90 per vacant parcel, for a total annual contract amount of $12,209. The services performed under the agreement included:
• Conducting two property surveys per year to locate and identify fire hazards on vacant parcels in the City.
• Responding to calls for service consisting of complaints received from the public concerning vacant properties with fire hazards.
• Issuing abatement notices to property owners whose parcels were found to be in violation.
• Re-inspecting properties to determine compliance.
• Issuing Administrative Citations to property owners who failed to correct violations after receiving notice.
• Performing abatement on properties that remained in violation after the compliance period expired.
• Recovering abatement costs by placing liens and special assessments on the secured property tax roll for parcels where citations and invoices remained unpaid.

Prior to contracting with the County, the City administered its own weed abatement program at a total annual program cost of $194,070. Program expenses included $121,320 in personnel costs for one (1) full-time Weed Abatement Coordinator and two (2) part-time employees, and $48,256 in mailing and noticing expenses. In enforcing the program, the City only recovered $72,750 through fines and other penalties, resulting in a net program cost of $121,320, or $37.91 per parcel. Because the County was able to provide the same service at a significantly lower cost, the Mayor and City Council approved Contract No. 18-555 with the County's Land Use Services Department to administer the Fire Hazard Abatement program.

Discussion
The San Bernardino County Fire Protection District (SBCFPD) recently assumed responsibility for administering the County’s Fire Hazard Abatement Program from the County’s Land Use Services Department. To recognize this change in program administration, a contract amendment is required that replaces all the County’s rights, title, interest, duties, liabilities, and obligations under the Agreement and assigns them to SBCFPD. Amendment No. 1 also extends the agreement’s term through June 30, 2031, and maintains the original annual contract amount of $12,209. All other terms and conditions of the original agreement will remain in full force and effect.

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Strategic Targets and Goals
Approving Amendment No. 1 to the Agreement with the County of San Bernardino and San Bernardino County Fire Protection District for Fire Hazard Abatement Services aligns with Key Target No. 3: Improved Quality of Life.

Fiscal Impact
The annual fiscal impact to the General Fund is $12,209. There are sufficient funds in the Fiscal Year 2026-27 Operating Budget to accommodate the agreement.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve Amendment No. 1 with the County of San Bernardino and San Bernardino County Fire Protection District (SBCFPD) for Fire Hazard Abatement services consenting to the novation and assignment of the agreement to SBCFPD and extending the term of the agreement through June 30, 2031 Attachments
Attachment 1 – Amendment No. 1 to the Fire Hazard Abatement Agreement Attachment 2 – Original Fire Hazard Abatement Agreement with the County of San Bernardino
Ward:

All Wards
Synopsis of Previous Council Actions:

July 5, 2018 Mayor and City Council approved an agreement with the County of San Bernardino to provide Fire Hazard Abatement Services.

CC
Eric Levitt, City Manager
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Standard Contract Page 1 of 3

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY San Bernardino County Fire
Protection District
Department Contract Representative Monica Ronchetti
Telephone Number 909-386-8418
Contractor City of San Bernardino
Contractor Representative Eric Levitt
Telephone Number 909 998 2001
Contract Term September 1, 2018, to June 30,
2031
Original Contract Amount $12,209 (Annual Amount)
Amendment Amount
Total Contract Amount $12,209 (Annual Amount)
Cost Center 1062022410
Grant Number (if applicable)

AGREEMENT BETWEEN

SAN BERNARDINO COUNTY,

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT,

AND THE CITY OF SAN BERNARDINO

RELATED TO THE FIRE HAZARD ABATEMENT PROGRAM
WHEREAS, on July 24, 2018 (Item No. 22) the Board of Supervisors for the County for the San Bernardino County, through its Land Use Services Department (County), approved Agreement No. 18- 555 (Agreement) with the City of San Bernardino (City) related to the Fire Hazard Abatement (FHA) Program; and
WHEREAS, San Bernardino County Fire Protection District (SBCFPD) and the County have entered into an agreement to authorize SBCFPD to assume administration of the FHA Program; and WHEREAS, the County hereby assigns the FHA Agreement with City to SBCFPD, and upon assignment, all references to County in the Agreement shall be deemed to refer to SBCFPD; and WHEREAS, City consents to the assignment of the Agreement to SBCFPD; and Contract Number
18-555 A-1
SAP Number
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WHEREAS, City and SBCFPD mutually desire to extend the term of the Agreement through June 30, 2031; and
NOW, THEREFORE, in consideration of the above, County, SBCFPD, and the City agree to amend the Agreement as follows:

1. Section XVI. of the Agreement is DELETED in its entirety and REPLACED with the following:

XVI. TERM AND TERMINATION
Unless this Agreement is terminated early, the term of this Agreement is from September 1, 2018, through June 30, 2031.

Notwithstanding the foregoing, either party may terminate this Agreement at any time upon 60 days prior written notice to the other party.

2. The address for the County in Section XVII. is DELETED and REPLACED with the following:

San Bernardino County Fire Protection District
Attn: Fire Marshal
598 S. Tippecanoe Avenue, 1st Floor
San Bernardino, CA 92415

3. Novation. The County hereby novates and assigns to SBCFPD all of County’s rights, title, interest and duties, liabilities, and obligations under the Agreement so as to substitute SBCFPD for County as a party to Agreement for all purposes as of the Effective Date of this amendment.

4. City hereby consents to the novation and assignment to SBCFPD.

5. The Recitals set forth above are true and correct and are incorporated into this Agreement by this reference as though fully set forth herein.

6. This assignment of the Agreement to SBCFPD and extension of the Agreement term shall be effective as of August 5, 2026.

7. All other terms of Agreement No. 18-555 shall remain in full force and effect.

8. This agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same agreement. The parties shall be entitled to sign and transmit an electronic signature of this agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed agreement upon request.

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IN WITNESS WHEREOF, this agreement has been executed and approved and is effective and operative as to each of the parties are herein provided.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Aaron Gest, Deputy County Counsel
Date Date Date
San Bernardino County Fire Protection District City of San Bernardino (Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Directors (Authorized signature - sign in blue ink) Dated: Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIR OF THE BOARD Title
Lynna Monell, Secretary

(Print or Type)
By Dated:

Deputy
Address
San Bernardino County
Dawn Rowe, Chair, Board of Supervisors
Dated:

SIGNED AND CERTIFIED THAT A COPY OF THIS

DOCUMENT HAS BEEN DELIVERED TO THE

CHAIR OF THE BOARD
Lynna Monell, Clerk

By
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 15, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Adopt Resolution Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement
Abatements (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-108, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements.

City Manager's Comments
The City Manager concurs with the recommendation.

Executive Summary
Chapter 8 of the San Bernardino Municipal Code (SBMC) requires Council approval to lien unpaid costs associated with Code Enforcement abatement of hazardous conditions. This allows the City to recover unpaid costs of abatement upon the respective parcels of land as they are shown upon the last available assessment roll.

The current unpaid bills represent a General Fund impact in the amount of $75,584.67.

The City initiated abatement and securement of properties, followed up with proper billing provided to the owners and interested parties for costs incurred by the City. The billing notices also included the right to appeal said costs. Approval of the Resolution to lien the unpaid costs associated with these abatements is intended to recover the City costs paid for the abatement of the properties.

Background
On October 5, 2015, the Mayor and City Council adopted Ordinance MC-1418, which repealed San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30. On September 18, 2019, the Mayor and City Council adopted Ordinance MC-1521, which made further revisions to Chapter 8.30. These changes have streamlined the process of abating public nuisances on properties and imposing liens Packet Page. 2303
to enable the City to recover costs for abating nuisances.

Discussion
SBMC Section 8.30.050 requires adoption of a Resolution to assess unpaid costs of abatement as liens upon the respective parcels of land as they are shown the last available assessment roll.

All affected property owners identified on the Abatement Assessments list have been notified through regular and certified mail of the respective abatement costs per SBMC

8.30.023. Further, affected property owners were also issued a Notice of Summary Abatement with the option to schedule a hearing per SBMC 8.30.045 and have also been advised of their right to appeal said costs within ten (10) days, or to pay the costs within 45 days of notice per SBMC Section 8.30.030, 8.30.040 and 8.30.041. To date, hearings have not been requested, and the costs are currently outstanding. As such, staff recommends adopting the Resolution to assess the unpaid costs of the nuisance abatements.

The total of outstanding fees for Abatement Assessment, including warrant abatements, emergency abatements and demolitions, is $75,584.67. If property owners come forward to pay their costs prior to the council meeting, their properties will be removed from Attachment 2.

Strategic Targets and Goals
The request to impose liens to recover costs for Code Enforcement abatements aligns with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. Imposing liens to resolve public nuisances would ensure the City receives revenue back into the Community Development & Housing Department and that the City continues to strive towards being clean and attractive.

Fiscal Impact
The proposed collection of liens will increase General Fund revenues by $75,584.67.

These costs have already been absorbed by the General Fund and will be reimbursed incrementally as liens are repaid either through the escrow process when properties are sold or as assessments collected via the County tax roll.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-108, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements.

Attachments
Attachment 1 Resolution No. 2026-108, Imposing Liens to Recover Costs for Code Enforcement
Attachment 2 Resolution No. 2026-108 - Exhibit A
Attachment 3 Ordinance No. MC-1521
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Ward:

All Wards
Synopsis of Previous Council Actions:

October 5, 2015 Mayor and City Council adopted Ordinance MC-1418, repealing San Bernardino Municipal Code Chapters 3.68 and

8.27 and amended Chapter 8.30 of San Bernardino Municipal Code regarding Public Nuisance Abatements.

April 18, 2018 Mayor and City Council adopted Resolution No. 2018-106, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance.

August 1, 2018 Mayor and City Council adopted Resolution No. 2018-222, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements.

September 18, 2019 Mayor and City Council adopted Ordinance MC-1521, Amending Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05,

15.20, and 15.28 of the San Bernardino Municipal Code, and adding Chapter 9.94 of the San Bernardino Municipal Code, related to various Code Enforcement Procedures, including the City’s administrative hearing procedures and appeals procedures.

May 7, 2025 Mayor and City Council adopted Resolution No. 2025-279, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements.

August 20, 2025 Mayor and City Council adopted Resolution No. 2025-355, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements.

CC: Eric Levitt, City Manager
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Resolution No. 2026-108
Resolution No. 2026-108
July 15, 2026

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RESOLUTION NO. 2026-108

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

IMPOSING LIENS ON CERTAIN REAL PROPERTY

LOCATED WITHIN THE CITY OF SAN BERNARDINO
FOR THE COSTS OF PUBLIC NUISANCE ABATEMENTS.

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

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

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

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

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

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

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

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Resolution No. 2026-108
July 15, 2026

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

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

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

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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Resolution No. 2026-108
Resolution No. 2026-108
July 15, 2026

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-108, adopted at a regular meeting held on the 15th day of July 2026, by the following vote:

Telicia Lopez, CMC, City Clerk
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EXHIBIT "A"

ABATEMENT ASSESSMENTS

ADDRESS OWNER DATE ABATED WARD COST
615 Oak Ct ZAAFRANI, SHAI 02/27/26 3 $666.53
1195 W Evans St PALACIOS, MARTHA 02/24/26 6 $7,252.51
1237 Oakhurst Dr HOWE, RONALD E 02/23/26 2 $7,164.26
575 Santa Fe St PATRIOT DEVELOPMENT PARTNERS LLC 02/11/26 3 $50,429.62 560 N D ST LLC 560 N D ST LLC 03/11/26 1 $1,721.16
560 N D ST LLC 560 N D ST LLC 05/19/26 1 $5,871.53
1788 W 5th ST FIFTH STREET PLAZA LLC 02/18/26 1 $1,330.01 2892 W Rialto Ave YOUNAN FAM TR 1/17/91 04/04/26 6 $1,149.05 Total: $75,584.67
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Ordinance No. MC -1521
1 R11RN- _._ LC/1Wf1X&[offF•3 i l

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

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

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

THE SAN BERNARDINO MUNICIPAL CODE, RELATED

TO VARIOUS CODE ENFORCEMENT PROCEDURES,

INCLUDING THE CITY' S ADMINISTRATIVE HEARING

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

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

9.92, 15. 04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code to clarify hearing and appeal procedures and to refer hearings and appeals to the appropriate body, whether that be the Building Appeals Board under Chapter 2.45 or a hearing officer under Chapter 9.94; and WHEREAS, this Ordinance amends the San Bernardino Municipal Code and assigns appeals to be heard by the Building Appeals Board consistent with the right granted under California Building Code section 1. 8. 8. 3; and
WHEREAS, this Ordinance amends the San Bernardino Municipal Code to refer all other hearings and appeals to Chapter 9. 94 of the San Bernardino Municipal Code; and 1 of 32 —
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Ordinance No. MC -1521
WHEREAS, this Ordinance amends Section 8.24. 100" of Chapter 8. 24, Solid Waste Collection, Removal, Disposal, Processing and Recycling, to specify the appealable acts of the City Manager and provide for appeals to a hearing officer under new Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 8. 30, Public Nuisances, to clarify the procedures for summary abatement and demolition procedures, including providing notice to property owners, recovery of abatement costs, and procedures for hearings and appeals; and WHEREAS, this Ordinance amends Chapter 8. 36, Abandoned Vehicles, to clarify the notice to be provided before abatement of a vehicle, eliminate the unique hearing procedures therein, and instead provide for appeals to a hearing officer under Chapter 9. 94; and WHEREAS, this Ordinance amends Chapter 9.92, Administrative Citation Process, to authorize the City to collect- delinquent administrative citation fines via any legal means, eliminate collection of delinquent administrative citation fines via liens, and eliminate the second tier of administrative appeal before an appellant may seek judicial review of an administrative citation; and
WHEREAS, this Ordinance amends Chapter 15. 04, Building Codes, to adopt all parts of the California Building Standards Code, to eliminate adoptions of other unnecessary uniform codes, and to eliminate an erroneous reference to an impermissible method to calculate fees for building permits; and
WHEREAS, this Ordinance amends Chapter 15. 05, Property Maintenance Code, to correct a reference to the current edition ofthe International Property Maintenance Code; and WHEREAS, this Ordinance amends Chapter 15.20, Certificate of Occupancy, to provide for appeals to a hearing officer under new Chapter 9. 94; and WHEREAS, this Ordinance amends Chapter 15.28, Dangerous Buildings, which amends the 1997 Uniform Code for the Abatement of Dangerous Buildings adopted by reference in the San Bernardino Municipal Code, to authorize the Code Enforcement Division to exercise the authority granted to the building official, to clarify the authority of the building official to secure buildings ordered vacated, to clarify the right to appeal orders under this code, and to clarify the City' s authority to recover costs of abatements done under this code; and WHEREAS, this Ordinance amends various tables of contents, the numbering of certain sections, section titles, and substantive provisions in order to correct errors, clarify meaning, and as otherwise required according to the foregoing amendments; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
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Ordinance No. MC -1521
SECTION 2. Chapter 2.45 of Title 2 ofthe San Bernardino Municipal Code is hereby amended to state in full as follows:
44 Chapter 2.45

BUILDING APPEALS BOARD
Sections:

2.45. 010 Members

2.45.020 Reserved]

2. 45. 030 Duties

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

2.45.050 Oath of Office

2.45.060 Chair - Meetings

2.45.070 Quorum

2.45.080 Hearing Procedures

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

2.45.020 [ Reserved]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PUBLIC NUISANCES
Sections:
830.010 Purpose

8.30. 015 Definitions

8.30.020 Declaration of nuisances
830.021 Summary/Emergency Abatement

8.30.022 Summary/ Emergency Abatement Post -Abatement Hearing

8.30.023 Method of giving notice

8.30. 025 Determination of nuisance

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

8.30.035 Time limit for compliance

8.30.040 Abatement by City

8.30. 041 Invoice of abatement costs

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

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

8.30.055 Imposition of special assessment lien and notice

8.30.056 Recording of nuisance abatement lien

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

8.30.065 Alternative remedies

8.30.070 Violation - Penalty

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter 8.36

ABANDONED VEHICLES
Sections:

8.36. 010 Findings

8.36.020 Definitions

8. 36.030 Applicability

8.36.040 Chapter not exclusive

8.36.050 Administration and enforcement

8.36.060 Rights of franchisee to enter private property

8.36.070 Assessment of administrative costs

8.36.080 Abatement authority

8.36.090 Ten-day notice required

8.36.100 Public hearing

8.36. 110 Hearings to be held before hearing officer

8.36.120 Reserved]

8.36.130 Removal of vehicle to scrapyard

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

8.36.150 Assessment of charges against land

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

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

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

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

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

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

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

ADMINISTRATIVE CITATION PROCESS
Sections:

9.92. 010 Legislative Findings and Statement of Purpose

9.92.020 Administrative Law Officer

9.92.030 Use of Administrative Citation

9. 92. 040 Violation; Authority; Fines

9. 92. 050 Service Procedures

9.92.060 Contents of Citation

9. 92.070 Satisfaction of the Administrative Citation

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

9.92.090 Failure to Pay Fines

9.92. 100 Publication and Availability of Rules and Regulations

9.92.110 Representation at Hearings

9.92. 120 Conduct of Hearings

9.92.130 Orders

9. 92. 140 Disposition of Fines

9.92. 150 Punishment of Violations by Imprisonment

9. 92. 160 Administrative Adjudication Procedures Not Exclusive

9.92. 170 Applicability of Administrative Adjudication Procedures

9.92.180 Right to Judicial Review

9.92.190 Severability

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

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

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

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

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

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

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

9. 94.010

9.94.020

9.94.030

9.94. 040

9.94.050

9.94. 060

9.94.070

9. 94. 080

9.94.090

9. 94. 100

9.94.110

9.94.120

9. 94. 130

9.94. 140
Chapter 9. 94

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9.94. 100 of this Chapter.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter 15.04

BUILDING CODES
Sections:

15. 04. 010 Citation

15.04.020 Adoption of Codes by Reference

15. 04. 030 Applicability

15.04.040 Definitions

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

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

15.04. 080 [ Reserved]

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

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

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

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

15.04. 130 On- site Improvement Permit

15. 04. 140 Preparation of Grading Plans

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

15.04. 160 Information on On -Site Improvement Plans

15.04.170 On-site Improvement Plan Review and Permit Fees

15. 04. 180 Inspection of On -Site Improvements

15.04.190 Bonds Required

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

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

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

15.04.230 Driveway Configurations

15.04.240 Location of Slopes

15.04.250 Automatic Fire Sprinkler Systems- Residential Additions

15. 04. 260 Stop Work Order

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

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

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

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

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

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

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

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

15. 04. 050 CBC Chapter 1, Section 105. 5. 1 is added - Prima Facie Evidence of Abandoned Work
Section 105. 5. 1 Prima Facie Evidence ofAbandoned Work 20 of 32 —
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Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 365 day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired.

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

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

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

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

15.04.080 [ Reserved]

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

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

Chapter 15.05

PROPERTY MAINTENANCE CODE
Sections:

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

15. 05. 030 Section 103. 1 amended

15. 05. 040 Section 104.3 amended

15. 05. 050 Section 106.4 amended

15.05.060 Section 107. 1 amended

15. 05. 070 Section 111 amended

15.05.080 Section 112A amended

15. 05. 090 Section 201.3 amended

15. 05. 100 Section 302. 4 amended

15.05. 110 Section 302. 9 amended

15.05. 120 Section 304. 3 amended

15. 05. 130 Section 304. 14 amended

15.05.140 Section 304. 18 amended

15.05. 150 Section 307 amended

15.05. 160 Section 401.3 amended

15.05. 170 Section 502. 5 amended

15. 05. 180 Section 505. 1 amended

15.05. 190 Section 602.2 amended

15.05.200 Section 602.3 amended

15.05.210 Section 602. 4 amended

15.05.220 Section 604.2 amended

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

15. 05.240 Section 604.3.2. 1 amended

15. 05.250 Section 702. 1 amended

15. 05. 260 Section 702.2 amended

15.05.270 Section 702. 3 amended

15.05.280 Section 704. 1 amended

15. 05. 290 Section 704.2 amended

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sections:

15. 28. 010

15.28.020

15. 28. 030

15.28.040

15.28.050

15. 28.060

15.28.070

15.28.080

15.28.090

15.28.100

15. 28. 110

15.28.120

15.28. 130

15.28.140

15.28.150

15.28. 160

15.28.170

15.28.180

15.28. 190

15.28.200

15.28.210

15.28.220
Chapter 15.28

DANGEROUS BUILDINGS
Referenced Code
Uniform Code for the Abatement of Dangerous Buildings - Amended Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Securing dangerous buildings from entry
Recovery of costs of abatement of nuisance
Discontinuance of utilities
Filing of notice of pendency of administrative proceedings Reserved]
Post -disaster Safety Assessment Placards
Section 103 amended
Section 205 amended
Section 301 amended
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15.28. 020 Uniform Code for the Abatement of Dangerous Buildings - Amended Chapters 5, 6, and 9 ofthe Uniform Code for the Abatement of Dangerous Buildings are hereby deleted.

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

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

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

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

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

15.28.170 Filing of notice of pendency of administrative proceedings At any time after the Building Official has initiated action to locate and serve the owners with the notice and order referred to in Section 401 of the Uniform Code for the Abatement of Dangerous Buildings, the Building Official or the City Engineer may file with the county recorder a notice of pendency of administrative proceedings which shall constitute notice to any subsequent owner, purchaser, encumbrancer of the property described therein or involved in the proceedings, beneficiary of a trust deed, penholder, mortgagee, or any other person holding or claiming any interest of any kind in the property described therein who shall be bound by the 29 of 32 —
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administrative proceedings, including liability for all amounts and costs and expenses assessed against the property as alien for abatement in the same manner as if he had been the owner at the time of commencement ofthe proceedings and had been properly served at that time.

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

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

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

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

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

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

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

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

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

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

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

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

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

PCf - , ,,
Georgeann Han
T. MMC, City Clerk
approved as to form:
f ,
Gary D. aenz, City Attorney
John Valdivia, Mayor
City of San Bernardino
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CERTIFICATION

STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss

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

Council Members:

SANCHEZ
IBARRA
VACANT

SHORETT
NICKEL

RICHARD

MULVIHILL

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

LGeorgeann lfan4a, MMC', City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 15, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Amendment No. 2 to the Community Action Partnership of San Bernardino County (CAPSBC) Vendor Services
Agreement for the Mobile Shower and Laundry Services
Program
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve Amendment No. 2 to the Vendor Services Agreement (VSA) with the Community Action Partnership of San Bernardino County (CAPSBC) for a term extension to December 31, 2026 to continue the Mobile Shower and Laundry Services Program.

City Manager's Comments
The City Manager recommends approval of Amendment No. 2.

Executive Summary
The City currently contracts with Community Action Partnership of San Bernardino County (CAPSBC) to provide mobile shower and laundry services for individuals who lack housing and access to running water. These services are funded through a $150,000 American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Fund allocation approved by the Mayor and City Council on May 17, 2023.

Item Amount
Original ARPA Allocation $150,000
Expended $99,651.14
Remaining $50,348.86
Percent Expended 66.4%
Percent Remaining 33.6%
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The agreement with CAPSBC expired on May 31, 2025, and $50,348.86 of the original ARPA allocation remains unspent. Amendment No. 2 extends the term of the agreement through December 31, 2026, which will allow the services to continue and the remaining funds to be expended by the ARPA expenditure deadline. At their current expenditure rate, the City estimates that the remaining funds will be fully spent by December 31, 2026.

These actions reflect the City’s ongoing efforts to utilize ARPA funding to expand homelessness response services and support programs that improve health, hygiene, and stability for individuals experiencing homelessness.

Background
CAPSBC is the main contributor of mobile shower services in the City and oversees several mobile shower operations. CAPSBC, which is a brick-and-mortar, non-profit organization based in the City of San Bernardino, provides a wide array of resources to low-income individuals and families. In 2021, due to the COVID-19 pandemic, CAPSBC expanded operations to include mobile shower and laundry services for the unhoused, providing hope and dignity.

During the Homeless Workshop held on October 27, 2022, the Council agreed there was a need to expand mobile shower services to unhoused individuals in the City to improve public health and hygiene for those experiencing homelessness. On May 17, 2023, the Council approved the use of $150,000 in ARPA funds to expand the City’s mobile shower services, which will help to remove barriers for individuals who lack housing and access to running water. To date Community Action Partnership of San Bernardino County has expended $99,651.14 and has a remaining balance of $50,348.86. This amendment is to extend the contract term to ensure continuity of mobile shower and laundry services to December 2026. There will be no additional ARPA funding aside from the remaining balance.

On February 1, 2023, the Mayor and City Council unanimously voted to adopt Resolution No.2023-028, declaring the Homelessness State of Emergency in response to a growing local, regional, and statewide homelessness crisis. The Resolution authorizes the City Manager or designee the authority to apply for and enter into Agreements for grant funding and to take all necessary actions to obtain emergency assistance from State and Federal agencies.

On September 4, 2024, the Mayor and the City Council adopted Resolution 2024-201, reaffirming the declaration of a Homelessness State of Emergency. This act restated the City Manager’s powers, allowing the ability to enter into contracts, pursue grants, and obtain emergency funding from federal, state, and local entities to address homelessness.

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Discussion
Community Action Partnership of San Bernardino County (CAPSBC), on the City’s behalf, currently operates a Mobile Shower Program from a 28-foot mobile shower unit to address public health and safety concerns, and to provide unhoused individuals with a sense of hope and renewed self-esteem. The mobile shower unit comes equipped with three (3) full-service restrooms (shower, sink, and toilet), which includes an ADA compliant restroom.

The trailer also has an adjacent laundry area that contains two (2) washers and two (2) dryers allowing unhoused residents the ability to wash their clothing. There is an onboard water tank that can easily be re-filled by a faucet or garden hose connection.

The mobile shower unit can relocate as needed to different areas of the City as long as there is a connection to a water system. A vacuum truck, operated by trained, noncity staff (not volunteers), is used to empty the trailer.

The mobile shower unit is powered by a generator and shower times are limited to 15 minutes. Depending on the number of showers in a 4-hour period, the unit will use up to 50-100 gallons of water. This estimate does not include running the laundry utilities, which could add 10-30 additional gallons. CAPSBC employs 2 paid staff and works with different organizations to incorporate volunteers who will help hand out hygiene kits and, when possible, new clothing items donated by local businesses.

CAPSBC operates the mobile shower at a minimum of six (6) times per week. Each shower event will last approximately six (6) hours with one (1) hour for setup, four (4) hours for showers, and one (1) hour for cleanup.

Each guest receives clean towels, soap/shampoo, and if available clean undergarments and/or clothes. Each restroom is sanitized in between clients. It takes approximately eight (8) minutes to sanitize each restroom. Roughly thirty-six (36) clients are served at each event using all three (3) restrooms. It is estimated that 3,600 clients are served over a one-year period.

CAPSBC partners with four (4) local community-based organizations (CBO’s) within the City of San Bernardino through a Memorandum of Understanding (MOU) Agreement which allows CAPSBC the ability to setup its mobile shower unit on CBO’s property and accessing water. CAPSBC markets the mobile showers on their company website and creates flyers that are dispersed to different organizations that serve the homeless community. CBO’s also help to spread the word through their company websites.

Amendment No. 2 is to extend the contract term to December 31, 2026 to ensure continuity of mobile shower and laundry services and meet ARPA expenditure deadlines. There will be no additional costs or changes in services.

During the contract term CAPSBC has provided 2,382 Mobile Shower and Laundry services during the 476 mobile events held within the City of San Bernardino.

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Additionally, CAPSBC provided resources like hygiene kits and food bags, with a combined total of 3,552 resources.

To date, CAPSBC has expended $99,651.14 of the allocated $150,000 and has a remaining balance of $50,348.86. After the ARPA allocation has been fully spent CAPSBC will receive funding through the Encampment Resolution Fund (ERF) grant to address public health and safety concerns for unhoused individuals in the 5.2 mile radius of the Waterman Corridor.

Strategic Targets and Goals
The request to approve the Vendor Service Agreement aligns with Strategic Target No. 3: Improved Quality of Life. The project expands accessibility to showers through a mobile shower program that improves quality of life for unhoused residents and improves public health and hygiene, especially since unhoused residents typically lack access to running water.

Fiscal Impact
There is no General Fund impact. All activities are fully funded through the City’s American Rescue Plan Act (ARPA) grant funds. This project was allocated $150,000 from ARPA grant funds, with $99,651.14 having been expensed to date. There is a remaining balance of $50,348.86.

Description Amount
Original ARPA Allocation $150,000
Expended $99,651.14
Remaining $50,348.86
Additional General Fund $0
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve amendment No. 2 to the Vendor Services Agreement (VSA) with Community Action Partnership of San Bernardino County (CAPSBC) for a term extension to December 31, 2026 to continue the Mobile Shower Program.

Attachments

1. Attachment 1 - CAPSBC Mobile Shower Agreement

2. Attachment 2 - CAPSBC Amendment No. 1 to Mobile Shower Agreement

3. Attachment 3 - CAPSBC Amendment No. 2 to Mobile Shower Agreement

4. Attachment 4 – CAPSBC Mobile Showers
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5. Attachment 5 – CAPSBC Mobile Truck
Ward:

All Wards
Synopsis of Previous Council Actions:

August 4, 2021 - Mayor and City Council received a report and discussed the allocation of ARPA funds.

December 7, 2022 - Mayor and City Council approved a Homelessness Solutions Action Plan.

December 7, 2022 - Mayor and City Council authorized the use of $24,500,000 in ARPA funds for the development of a Navigation Center, State of California Homekey Round 3 Projects, Homeless/Street Outreach and $150,000 towards Mobile Shower Expansion.

February 1, 2023 - Mayor and City Council declare a Homelessness State of Emergency.

May 17, 2023 - Mayor and City Council approved Vendor Services Agreement with Community Action Partnership of San Bernardino County for Mobile Shower Services.

May 15, 2024 - Mayor and City Council approved Amendment No. 1 to the Vendor Services agreement with Community Action Partnership of San Bernardino County for Mobile Shower Services.

CC
Eric Levitt, City Manager
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1 VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY This Agreement is made and entered into as of June 1, 2023, 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 Community Action Partnership of San Bernardino County, a California non-profit corporation with its principal place of business at 696 South Tippecanoe Avenue, San Bernardino, CA 92408 (hereinafter referred to as “Consultant” or “CAPSBC”). 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 vendor services for the following project:

Mobile Shower Program (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

3. Vendor Practices. All vendor 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. Reserved.
b. City will provide Consultant with an amount not-to-exceed $150,000 (the “Grant Funds”). Consultant certifies that the use of funds will be used only to cover DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 2347
2 expenditures allowed under American Rescue Plan Act (ARPA) and incurred during the Term of this Agreement. Any expenses and costs incurred by the Consultant in excess of the Grant Funds shall be the sole responsibility of the Consultant. Consultant shall use the Grant Funds for the Services as described in Exhibit “A”. Consultant agrees that all expenditures are to be in accordance with the terms of this Agreement. City’s payment to Consultant under this Agreement is contingent on the availability of program funds and continued federal and state authorization for the funded program activities.

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 June 1, 2023, and continue through May 30, 2024, unless the Agreement is previously terminated as provided for herein (“Term”).

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

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

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this 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, DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 2348
3 epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

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

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

13. Reserved.

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 DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 2349
4 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
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
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5 (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 with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

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6 (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 work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.
g. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

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8 (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. j. 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.
k. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, 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.

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9 l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an 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 DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 2355
10 claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

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

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

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

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

In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant 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 DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 2356
11 event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

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

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s 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 Charles Karsch 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
CONSULTANT:

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12 Vanir Tower
Attn.: City Manager
290 North D Street
San Bernardino, CA 92401
With Copy To:

City of San Bernardino
Vanir Tower
Attn.: City Attorney
290 North D Street
San Bernardino, CA 92401
Community Action Partnership of San
Bernardino County (CAPSBC)
Attn.: Patricia Nickols-Butler, Director
696 South Tippecanoe Avenue
San Bernardino, CA 92408

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 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 DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 2358
13 in no way be deemed a waiver of those rights to require such performance or compliance.

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

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

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

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

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

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

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

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

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

44. Federal Provisions.

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14 Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”); b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
f. Federal contract provisions attached hereto as Exhibit “B” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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15 SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY 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
Interim City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
Albert Maldonado

CONSULTANT

COMMUNITY ACTION PARTNERSHIP

OF SAN BERNARDINO COUNTY
Signature
Patricia L. Nickols-Butler
Name
Director
Title
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16 EXHIBIT A

SCOPE OF WORK
Introduction:

Community Action Partnership of San Bernardino County (CAPSBC) is a brick-andmortar non-profit organization based in the city of San Bernardino and aiding low-income individuals and families across San Bernardino County, the largest county in the continental United States at 20,167 square miles. With an estimated population of 2,194,710, CAPSBC serves roughly 800,000 clients or 36% of the population per year, mostly in large metropolitan areas. In 2021, due to the COVID-19 pandemic, CAPSBC management began looking into mobilizing some of its existing programs to allow those individuals and families experiencing barriers, such as lack of food, housing, or transportation and social isolation, access to services that will increase their health and well-being.

The first mobile service to come online was the Mobile Shower/Laundry unit in 2021. The mobile shower/laundry unit serves as a source of sanitation for individuals experiencing homelessness in San Bernardino County, further eliminating the barriers associated with inaccessible transportation, and access to running water.

The CAPSBC Mobile Shower Unit is a 28-foot self-contained mobile shower trailer. The trailer contains 3 full restrooms, one being ADA compliant, and a laundry facility with two washers and driers. The mobile shower operates off the power from a generator and hooks to city water via a garden hose connection. The shower unit holds up to 300 gallons of combined grey/black waste. The unit must be emptied with the use of a vacuum truck service. The mobile shower provides hot and cold water to all showers.

Scope of Work:

CAPSBC will partner with four (4) community-based organizations (CBO’s) within the City of San Bernardino through an MOU process where CAPSBC will be allowed to setup the mobile shower unit on their property and utilize their water for the showers. We will work with these partners organizations to recruit a minimum of six volunteers to assist CAPSBC staff during the shower event. CAPSBC acknowledges and agrees that the City will not be providing security for these shower events.

CAPSBC will provide a minimum of two (2) staff at each mobile shower event. Their primary duties are to oversee the operation of the mobile shower trailer, troubleshoot any issues that may arise, collect information from the guests, and to step in and assist where needed. CAPSBC staff and volunteers will work together to ensure the overall safety of the guests, each other.

Volunteers will be utilized to time guests in the shower, sanitize the restrooms in between uses, clean the area around the shower event and interact with the guests while they wait DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 2362
17 for their shower. In the event of a shortage of volunteers, CAPSBC staff will assume the duties of the missing volunteers.

CAPSBC plans to operate the mobile shower at a minimum of two (2) times per week.

Each shower event will last approximately six (6) hours with one (1) hour for setup, four (4) hours for showers and one (1) hour for cleanup.

Each guest will be provided clean towels, soap/shampoo, and if available clean undergarments and/or clothes. Each restroom will be sanitized in between clients. We estimate that it takes approximately eight (8) minutes to sanitize each restroom. So, we estimate that we can serve up to thirty-six (36) clients using all three (3) restrooms at each shower event. We estimate that we can serve around 3,600 clients in a one-year period.

On the day of the event, CAPSBC will arrive within one hour prior to the start of the event to setup the mobile shower unit and the area where we will be operating, CAPSBC staff will provide a brief orientation to the volunteers on the expected tasks they will be performing. At the start of the event, CAPSBC staff will start intaking guests and putting them on a waiting list. At the time of intake, specific intake forms will be completed by staff and guest to collect pertinent information which will be later input into CAPSBC client management system as well as HMIS. CAPSBC will provide monthly updates with the number of clients served to the City.

When a guest is called up to take a shower, they will be given towels, liquid soap and shampoo are provided in each bathroom, and they have fifteen (15) minutes to take their shower. No personal belongings will be allowed in the restroom with the client.

Containers will be provided outside each shower for the guest to place their belongings.

There will be a volunteer who will be monitoring the time spent in the shower. After ten (10) minutes, the volunteer will knock on the door giving the guest a five (5) minute warning. One last notice will be given at the end of the time and the guest will be asked to complete their shower and exit the bathroom. If available, CAPSBC will provide guest with clean undergarments and clothing.

After the guest exits the shower, the used towels are collected to be washed/sanitized and reused at another shower event. The restroom is then wiped down, sprayed with sanitizer, and left to sit for at least five (5) minutes before being wiped down once again and ready for the next guest. If a guest is called and does not respond (they will be called 2-3 times), they will be moved to the end of the list and the nest guest will shower. If that guest who misses their time slot shows up, they will be given an opportunity to shower at the end of the event depending on the time.

Guests who attend the mobile shower program will be provided with the following items, if available: hygiene kit, new clothes (including undergarments), shoes, easy to open food, portable restroom bags, other miscellaneous items. The availability of these items depend on what has been donated to our food bank, so not all these items will always be available.

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18 At the end of the event, CAPSBC staff and volunteers will pack up the mobile shower unit, clean up the event area by disposing of trash.

CAPSBC is in the process of interviewing and onboarding staff to run this program.

SCHEDULE OF CHARGES
Staff - 2 full time staff $74,753.00
Benefits $28,406.00
Dumping Services $6,000.00
Fuel (Gas/Propane) market rate
Gas for truck/generator $5.49/gal
Propane $3.99/gal
$14,044.00
$4,797.00
Supplies
cleaning/hygiene/etc.
$22,000.00
Total $150,000.00
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19 EXHIBIT B

FEDERAL CONTRACT PROVISIONS

3. During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “B”.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)

1. Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.

2. Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:

The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.

The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 2365
20 commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 2366
21 violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

3. Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.

4. Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.

5. Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:

Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.

Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.

Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.

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22 6. Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency..

7. Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:

Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

8. Appendix II to Part 200 (H) – Debarment and Suspension:

This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.

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23 9. Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply for or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

10. Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:

Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.

In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price.

Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

11. Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:

Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

Telecommunications or video surveillance services provided by such entities or using such equipment.

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24 Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

See Public Law 115-232, section 889 for additional information.

12. Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:

Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.

For purposes of this section:
“Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)

13. Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.

14. Affirmative steps shall include:

Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

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25 15. Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL

FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS

16. Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.

Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project.

17. Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:

Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.

Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.

OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.

Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.

New Restrictions on Lobbying, 31 C.F.R. Part 21.

Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

18. Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.

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26 The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.

Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.

The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance.

Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

19. False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

20. Protections for Whistleblowers.

In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

The list of persons and entities referenced in the paragraph above includes the following:

A member of Congress or a representative of a committee of Congress; An Inspector General;
The Government Accountability Office;
A Treasury employee responsible for contract or grant oversight or management;
An authorized official of the Department of Justice or other law enforcement agency;
A court or grand jury; or
A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct.

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27 21. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same

22. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers.

23. Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:

Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.

Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.

Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities.

As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067.

For more information on LEP, please visit http://www.lep.gov.

Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.

Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

4. The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a DocuSign Envelope ID: E3921AF6-7EC0-4B65-82C7-AB2842A618BC Packet Page. 2373
28 person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).

Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property.

Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements.

Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI.

Consultant must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.

If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO

VENDOR SERVICES AGREEMENT

WITH COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY 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

COMMUNITY ACTION PARTNERSHIP OF

SAN BERNARDINO COUNTY
��.J,� APPROVED BY:

President & Chief Executive Officer
DocuSign Envelope ID: A780F8B7-9EFB-43AB-88B6-4B7161EC92F0 Packet Page. 2376
AMENDMENT NO. 2 TO

VENDOR SERVICES AGREEMENT

WITH COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY This Amendment No. 2 to the Vendor Services Agreement, dated June 1, 2023, is made and entered into as of June 17, 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Community Action Partnership of San Bernardino County a nonprofit corporation (“Consultant”).

City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Consultant entered into an agreement, dated June 1 2023, for the purpose of providing Mobile Shower and Laundry Services (the “Original Agreement”).

B. WHEREAS, the City and the Consultant have entered into an Amendment No. 1 to the Original Agreement, dated May 15, 2024, for the purpose of extending the term of the original agreement.

C. WHEREAS, the Parties now desire to amend the Original Agreement in order to further extend the term of the Original Agreement and complete the scope of work detailed in Exhibit A of the Original Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this Amendment No. 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. Amendment to Section 6. Section 6, the term of the Original Agreement, is hereby amended in its entirely to read as follows:
“Term. This Agreement shall commence on the Effective Date and continue through December 31, 2026, unless earlier terminated as provided for herein (“Term”).”

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 VENDOR SERVICES AGREEMENT

WITH COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY 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

COMMUNITY ACTION PARTNERSHIP

OF SAN BERNARDINO COUNTY,

A CALIFORNIA NONPROFIT

CORPORATION
Patricia L. Nickols-Butler
President & Chief Executive Officer
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 15, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Award Professional Service Agreement Between the City of San Bernardino and Everytable for the Operation of the Emergency Meal Services Assistance – CDBG-CV
Program (All Wards)
Recommendation:

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

1. Authorize the City Manager, or designee, to amend (as necessary) and execute the vendor services agreement with Everytable, the highest-ranked proposer selected through the City's competitive Request for Proposals (RFP) process, to provide meal services for individuals and families experiencing homelessness participating in the City's Emergency Motel Voucher Program.

2. Authorize the use of CDBG-CV funds (set to expire October 2026) to provide meals for clients housed through the City’s Emergency Motel Voucher Program; and

3. Adopt Resolution No. 2026-109 authorizing the Director of Finance and Management Services to amend the FY 2026-27 budget to establish the Emergency Meal Services Assistance Program and appropriate $200,000 in CDBG-CV funds for the program; and

4. Authorize the City Manager, or designee, to take any additional actions and execute any agreements or documents necessary to implement the new agreement and administer the CDBG-CV grant program.

City Manager's Comments
The City Manager concurs with the recommendation to participate in the City’s Emergency Motel Voucher program.

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Executive Summary
The City of San Bernardino serves a vulnerable population that relies on emergency meal assistance while temporarily housed through the City’s Emergency Motel Voucher Program. These clients include individuals and families experiencing homelessness or housing instability who often lack consistent access to safe and nutritious meals.

This action authorizes the City Manager, or designee, to amend and execute an agreement with Everytable, the selected proposer through the City's competitive Request for Proposals (RFP) process, to provide meal services for individuals and families participating in the City's Emergency Motel Voucher Program. The agreement will be funded using Community Development Block Grant – Coronavirus (CDBG-CV) funds, which are required to be fully expended by October 2026.

The action also authorizes the Director of Finance and Management Services to amend the FY 2025–2026 Adopted Budget as necessary to align with the revised expenditure timeline and funding allocations associated with the agreement.

Background
The Motel Voucher Program provides non-congregate shelter for individuals and families experiencing homelessness, which addresses the immediate needs of these individuals and families while the City develops the permanent SB HOPE Campus. The program is funded through American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF), Permanent Local Housing Allocation (PLHA), and CDBGCV allocations, with CDBG-CV funds specifically supporting emergency shelter and services to prevent, prepare for, and respond to the impacts of COVID-19 among vulnerable populations.

The program helps prevent the spread of COVID-19 by reducing reliance on congregate shelter settings and allowing individuals and families experiencing homelessness to safely isolate in non-congregate environments. It also prepares the City to respond to public health emergencies by maintaining flexible, and immediately deployable shelter capacity that can be activated during disease outbreaks or other crisis events. By providing rapid emergency housing, the program serves vulnerable populations at heightened risk of severe illness, including unsheltered individuals, families, and those with underlying health conditions, while ensuring access to safe shelter during inclement weather and public health emergencies.

The development and implementation of the Motel Voucher Program has progressed through several key program milestones including:
• October 27, 2022: The City hosted a Homeless Workshop that identified the critical need to increase shelter bed capacity for those experiencing homelessness.
• December 7, 2022: The Mayor and City Council demonstrated their commitment to addressing homelessness by allocating $12.5 million in American Rescue Plan Act (ARPA) funding for the development and operation of a low-barrier, Packet Page. 2383
non-congregate Navigation Center. An additional $4.5 million in ARPA funding was approved to support the navigation center's operation. • February 1, 2023: The City declared a Homelessness State of Emergency in response to the escalating crisis.
• May 17, 2023: The Mayor and City Council approved the Homelessness Declaration Implementation Plan, which emphasized the urgent need for emergency and interim shelters due to existing shelters operating at near-full capacity,
• July 19, 2023: The City Council amended $9,732,162 in Permanent Local Housing Allocation (PLHA) Funds of which $1,232,740.52 was reallocated to support interim shelter activities.
• August 16, 2023: The Mayor and City Council approved a Substantial Amendment to the FY 2020-2021 Annual Action Plan to reallocate $1,145,201 in Community Development Block Grant Coronavirus (CDBG-CV) funds. Funds are used to support interim shelter activities.
• September 11, 2023: The City released an initial Request for Proposal (RFP) seeking motel operators to participate in the Motel Voucher Program. Four proposals were received, with two motels located outside city limits. • December 6, 2023: The City Council formally approved the Motel Voucher Program, authorizing Professional Service Agreements with motel operators to provide interim shelter. Staff were specifically directed to seek local motel operators due to concerns about facilities outside city limits. The total amount of grant funding allocated to this program was $3,044,190. • December 6 - 22, 2023: An expedited RFP was issued and completed, resulting in the selection of Anand Patel's three local motels to provide access to 130 motel rooms and 200 beds.
• March 20, 2024: Professional Services Agreement (PSA) executed with SB Motel North LLC for the Motel 6 North property, located at 1960 Ostrems Way, San Bernardino, CA 92407.
• November 20, 2024: Council approved Amendment No. 1, expanding program capacity to 130 rooms/200 beds and extending the term through December 31, 2026.
• April 2, 2025: Council approved Amendment No. 2 to correct budget obligations and incorporate CDBG funds.

Discussion
The City's Emergency Motel Voucher Program provides temporary, non-congregate shelter for individuals and families experiencing homelessness or housing instability.

While the program provides critical short-term housing stability, many participants reside in motel rooms without access to kitchen facilities, refrigeration, or reliable transportation to obtain food. As a result, participants often face immediate barriers to accessing safe and nutritious meals while temporarily housed.

Providing meal assistance is an essential component of supporting program participants, many of whom are experiencing significant economic hardship, health Packet Page. 2384
vulnerabilities, and other barriers associated with homelessness. Without a reliable meal service, participants may lack consistent access to nutritious foods during their motel stays.

The City currently has Community Development Block Grant–Coronavirus (CDBG-CV) funds available to support activities that prevent, prepare for, and respond to the impacts of the COVID-19 pandemic among vulnerable populations. A total of $200,000 has been identified for this project, and all CDBG-CV funds must be fully expended by October 2026. Utilizing these funds for meal services will address an immediate humanitarian need while ensuring the timely and compliant expenditure of federal resources.

To address this need, the City conducted a competitive Request for Proposals (RFP) process to identify a qualified provider for meal preparation and delivery services for participants in the Emergency Motel Voucher Program. Proposals were evaluated based on qualifications, experience, organizational capacity, service approach, and cost effectiveness. Following the evaluation, Everytable was determined to be the highest-ranked proposer based on its demonstrated ability to meet the City's service requirements, delivery schedule, and operational needs, including the capacity to provide large-scale meal preparation and coordinated delivery to multiple motel locations.

RFP Evaluation Results
Rank Proposer Total Score*
1 Everytable 277.50
2 Saboree Catering 266.25
*Maximum possible score: 300 points.

The vendor services agreement between the parties, included with this agenda item, is a draft that reflects the parties’ proposed terms and conditions. Prior to execution, the agreement will undergo final review by the City Attorney's Office and Everytable.

Revisions by either party will be limited to minor administrative, legal, or nonsubstantive changes that do not alter the scope of services, compensation, or the intent of the agreement as approved by the Mayor and City Council.

Approval of the proposed agreement, in an amount not to exceed $200,000, will allow the City to implement consistent meal services for program participants, support the health and well-being of individuals and families participating in the Emergency Motel Voucher Program, and ensure the timely and compliant expenditure of available CDBG-CV funding prior to the October 2026 grant expenditure deadline.

Strategic Targets and Goals
The request to approve the Subrecipient Agreements aligns with Strategic Target No. 3: Improved Quality of Life by reducing the burden of homelessness through Packet Page. 2385
enjoyment, collaboration, and partnership with other entities.

Fiscal Impact
There is no General Fund impact. The proposed agreement, in an amount not to exceed $200,000, will be fully funded through the City’s Community Development Block Grant–Coronavirus (CDBG-CV) allocation.

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

2. Authorize the use of CDBG-CV funds (set to expire October 2026) to provide meals for clients housed through the City’s Emergency Motel Voucher Program; and

3. Adopt Resolution No. 2026-109 authorizing the Director of Finance and Management Services to amend the FY 2026-27 budget to establish the Emergency Meal Services Program and appropriate $200,000 in CDBG-CV funds for the program; and

4. Authorize the City Manager, or designee, to take any additional actions and execute any agreements or documents necessary to implement the new agreement and administer the CDBG-CV grant program.

Attachments
Attachment 1 – Resolution No. 2026-109
Attachment 2 – City of San Bernardino Emergency Meal Service Program_Everytable Proposal
Attachment 3 – RFP F-26-1058 Emergency Meal Service Program Cost File
Attachment 4 – Everytable Draft Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

August 4, 2021, Mayor and City Council received a report and discussed the allocation of ARPA Funds.

December 7, 2022, Mayor and City Council approved a Homelessness Solutions Action Plan, and $24.5 million in ARPA funds to help mitigate homelessness.

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February 1, 2023, Mayor and City Council declared a Homelessness State of Emergency.

May 17, 2023, Mayor and City Council approved a Homelessness State of Emergency Implementation Plan.

July 19, 2023, Mayor and City Council approved an Amendment to Permanent Local Housing Allocation Funds to assist individuals experiencing homelessness.

August 13, 2023, Mayor and City Council approved a Substantial Amendment to FY2020-2021 Annual Action Plan associated with Community Development Block Grant Coronavirus Relief Funds to support interim shelter activities.

December 6, 2023, Mayor and City Council approved a Motel Voucher Program and authorized Professional Service Agreements with motel operators to provide interim shelter.

March 6, 2024, Mayor and City Council approved the Emergency Shelter Program with Anand Patel in the amount of $2,751,840 while reallocating unspent PLHA funds in the amount of $327,591.

CC: Eric Levitt, City Manager
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Resolution No.2026-109
RESOLUTION NO. 2026-109

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AN

AGREEMENT WITH EVERYTABLE IN AN AMOUNT NOT TO
EXCEED $200,000 TO PROVIDE EMERGENCY MEAL SERVICES

FOR PARTICIPANTS IN THE CITY'S EMERGENCY MOTEL

VOUCHER PROGRAM FOLLOWING A COMPETITIVE REQUEST

FOR PROPOSALS PROCESS, AUTHORIZING THE USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT – CORONAVIRUS
(CDBG-CV) FUNDS, ESTABLISHING THE EMERGENCY MEAL

SERVICES ASSISTANCE PROGRAM, AUTHORIZING THE
APPROPRIATION OF $200,000 IN CDBG-CV FUNDS,

AUTHORIZING NECESSARY BUDGET AMENDMENTS, AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE

ALL NECESSARY ACTIONS TO IMPLEMENT THE AGREEMENT
AND ADMINISTER THE CDBG-CV PROGRAM.

WHEREAS, the City of San Bernardino operates an Emergency Motel Voucher Program that provides temporary, non-congregate shelter for individuals and families experiencing homelessness or housing instability; and
WHEREAS, many participants housed through the Emergency Motel Voucher Program reside in motel rooms without access to kitchen facilities, refrigeration, or reliable transportation to obtain food, creating barriers to accessing safe and nutritious meals; and WHEREAS, providing meal services to individuals and families temporarily housed through the program addresses an immediate humanitarian need and supports the health and safety of vulnerable residents; and
WHEREAS, the City currently has $200,000 in Community Development Block Grant – Coronavirus (CDBG-CV) funding available. These funds support activities that prevent, prepare for, and respond to the impacts of the COVID-19 pandemic among vulnerable populations. All CDBG-CV funds must be fully expended by October 2026; and WHEREAS, providing meals to individuals and families in non-congregate shelter settings supports public health objectives by reducing health risks among vulnerable populations and ensuring access to essential services; and WHEREAS, the City conducted a competitive Request for Proposals (RFP) process for the provision of emergency meal services for participants in the Emergency Motel Voucher Program; and
WHEREAS, proposals were evaluated based on qualifications, experience, organizational capacity, service approach, and cost effectiveness; and WHEREAS, based on the evaluation of proposals received, Everytable was determined Resolution No. 2026-109
July 15, 2026

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Resolution No.2026-109
Resolution No. 2026-109
July 15, 2026

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to provide the best overall value to the City by demonstrating the capacity to meet required service levels, deliver a substantially higher number of meals within the available funding, and ensure reliable and uninterrupted meal services for program participants; and WHEREAS, funding for the proposed agreement will be provided through existing CDBG-CV allocations and will not impact the City’s General Fund.

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

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

SECTION 2. The City Council authorizes the City Manager, or designee, to execute and amend, as necessary, the agreement with Everytable to provide emergency meal preparation and delivery services for individuals and families participating in the City's Emergency Motel Voucher Program.

SECTION 3. The City Council further authorizes the use of Community Development Block Grant – Coronavirus (CDBG-CV) funds to provide meal services for participants in the Emergency Motel Voucher Program.

SECTION 4. The Mayor and City Council authorize the Director of Finance and Management Services to amend the Fiscal Year 2026–2027 Adopted Budget to establish the Emergency Meal Services Assistance Program and appropriate $200,000 in Community Development Block Grant – Coronavirus (CDBG-CV) funds to support emergency meal services for participants in the City's Emergency Motel Voucher Program.

SECTION 5. The Mayor and City Council authorize the City Manager, or designee, to execute the agreement and any amendments thereto, and to take any additional actions and execute any documents necessary to implement the agreement and administer the CDBG-CV grant program.

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

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

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, City Clerk
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Resolution No.2026-109
Resolution No. 2026-109
July 15, 2026

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Approved as to form:

Sonia Carvalho, City Attorney
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Resolution No.2026-109
Resolution No. 2026-109
July 15, 2026

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CERTIFICATION

STATE OF CALIFORNIA (
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO)
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-109, adopted at a regular meeting held on the 15th day of 2026 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this 16th day of July 2026.

Telicia Lopez, CMC, City Clerk
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Request for Proposals
RFP F-26-1058
Emergency Meal Service Program
City of San Bernardino
Vanir Tower
290 North D St.

San Bernardino, California 92401
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City of San Bernardino – Emergency Meal Service Program June 10, 2026
The City of San Bernardino
Vanir Tower
290 North D St.

San Bernardino, CA 92401
RE: RFP F-26-1058 Emergency Meal Service Program
Dear Evaluation Committee,
Thank you for the opportunity to submit this proposal to provide meal preparation and delivery services for participants housed within the City of San Bernardino’s Emergency Motel Shelter Interim Housing Program.

Everytable is honored to support the City’s ongoing efforts to address homelessness by providing safe, nutritious meals that contribute to the health, well-being, and stability of individuals and families experiencing housing insecurity.

We recognize that the City’s Emergency Motel Shelter Program plays a critical role in providing temporary housing and supportive services for vulnerable residents as they work toward more stable and permanent housing solutions. Consistent access to nutritious meals is an essential component of this support system, helping to improve health outcomes, reduce food insecurity, and ensure that participants have reliable access to nourishing food during times of transition and uncertainty.

Everytable is uniquely qualified to provide these services. As a mission-driven Public Benefit Corporation, we specialize in preparing and delivering fresh, chef-crafted, dietitian-designed meals to government agencies, emergency housing programs, supportive housing communities, healthcare providers, social service organizations, and nonprofit partners throughout California. Our meals are produced in our USDAinspected production facility under strict HACCP food safety protocols and distributed through a reliable refrigerated logistics network that ensures quality, consistency, and food safety from production through delivery.

Everytable appreciates the opportunity to partner with the City of San Bernardino in serving participants of the Emergency Motel Shelter Interim Housing Program. We look forward to contributing to the success of this initiative and supporting the health, dignity, and wellbeing of the individuals and families the program serves.

Thank you for your consideration.

Respectfully,
Robert Camarena
Director of Business Development
Everytable, PBC
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City of San Bernardino – Emergency Meal Service Program Proposal Checklist
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City of San Bernardino – Emergency Meal Service Program Executive Summary
Everytable is pleased to submit this proposal to provide meal preparation and delivery services for the City of San Bernardino’s Emergency Meal Service Program. As a mission-driven Public Benefit Corporation, Everytable is committed to expanding access to nutritious, affordable meals while supporting the health, wellbeing, and stability of individuals and families experiencing homelessness and housing insecurity.

The City’s Emergency Motel Shelter Interim Housing Program provides a critical safety net for vulnerable residents by offering temporary housing and supportive services during times of crisis and transition. Everytable understands that successful meal service requires more than food preparation—it requires a dependable partner capable of providing consistent service, maintaining rigorous food safety standards, accommodating specialized dietary needs, and responding quickly to changing occupancy levels and program requirements.

Everytable specializes in large-scale meal production and distribution for government agencies, interim housing programs, emergency shelters, supportive housing communities, healthcare providers, and nonprofit organizations throughout California. Our operational infrastructure allows us to reliably provide breakfast, lunch, and dinner service seven days per week while accommodating diabetic, gluten-free, dairy-free, vegetarian, nut-free, and other specialized dietary requests as needed.

Meals will be prepared in Everytable’s USDA-inspected production facility utilizing HACCP-based food safety procedures, standardized recipes, portion controls, and comprehensive quality assurance measures. Supported by our temperature-controlled logistics network, Everytable has the operational capacity to reliably prepare and deliver meals for the City’s two Emergency Motel Shelter sites while maintaining food quality, safety, and service consistency.

Everytable’s proposal provides the City with:
• Proven experience supporting emergency feeding, homelessness services, interim housing, and supportive housing programs throughout California. • Fresh, chef-prepared meals designed to provide balanced nutrition and menu variety.

Specialized dietary meal accommodations and responsive menu management. • Licensed production facilities with robust food safety and quality assurance controls.

Reliable, temperature-controlled delivery to multiple service locations • Experienced program management, customer service, and ongoing coordination with City staff and shelter operators.

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City of San Bernardino – Emergency Meal Service Program • Competitive pricing that delivers exceptional value while maintaining high standards of quality and service.

Everytable takes no exceptions to the requirements of RFP F-26-1058 or the City’s Vendor Services Agreement and is prepared to execute the agreement in the form provided by the City. We maintain all required licenses, permits, certifications, and insurance coverages necessary to perform the requested services and will provide supporting documentation upon request.

Everytable is committed to being a reliable and responsive partner to the City of San Bernardino. We look forward to supporting the Emergency Meal Service Program through safe, nutritious, and dependable meal service that promotes the health, dignity, and wellbeing of the individuals and families the program serves.

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City of San Bernardino – Emergency Meal Service Program Table of Contents
Proposal Checklist........................................................................................................................................ 3 Executive Summary..................................................................................................................................... 4 Table of Contents ......................................................................................................................................... 6 Identification of Proposer........................................................................................................................... 7 Staffing Resources ....................................................................................................................................... 8 Experience and Technical Competence................................................................................................ 15 Proposed Method to Accomplish the Work......................................................................................... 30 Litigation History........................................................................................................................................ 34 Other Information ...................................................................................................................................... 35 Fiscal Stability ............................................................................................................................................. 37 Certification of Proposal ........................................................................................................................... 49 Certificate of Insurance............................................................................................................................. 50 Vendor Quote Form ................................................................................................................................... 51 Acknowledgement of Insurance Requirements ................................................................................. 52 Applicable Licenses ................................................................................................................................... 53 Conclusion ................................................................................................................................................... 59 Packet Page. 2397
7 Identification of Proposer
Legal Name & Mailing Address of Organization
Everytable, PBC (Parent Company)
18901 Railroad St., City of Industry, CA 91748
www.everytable.com
Federal Tax ID #
47-5369929
Primary Proposal Contact Principal of the Organization
Robert Camarena Sam Polk
Director of Business Development Chief Executive Officer [email protected] [email protected]
Mobile: 909-289-8900
Packet Page. 2398
8 Staffing Resources
Firm Staffing and Key Personnel
Everytable maintains a dedicated team of culinary, nutrition, food safety, logistics, and customer service professionals to support the successful delivery of the City of San Bernardino’s Emergency Meal Service Program. The following personnel will be assigned to oversee and support contract performance:

Name Discipline Job Title Responsibility
Kaelin Kakuta Client Services Director of Partner Success Primary City liaison, account
management, program
oversight, issue resolution, and
service coordination
Alison Acerra, MS,
RDN Nutrition Services Lead Consulting Dietitian
Menu review, nutritional
analysis, dietary
accommodations, and
specialized meal oversight
Timothy Reardon Culinary Operations Research Chef
Menu development, recipe
standardization, product
quality, and meal variety
Joshua Cooper Food Production Head Chef / Food Service
Director
Daily meal production
oversight, quality assurance,
staffing coordination, and
operational management
Operations & Quality
Assurance Team
Food Safety &
Compliance Production and QA Personnel
HACCP implementation, food
safety monitoring, quality
assurance, and regulatory
compliance
Delivery Operations
Team
Logistics & Transportation Route Supervisors and Drivers Temperature-controlled
transportation, delivery
scheduling, and meal delivery
operations
Robert Camarena Business Development &
Contract Administration
Director of Business
Development
Executive oversight, contract
administration, client
relationship management,
implementation support and
coordination with City
leadership and program
stakeholders
Packet Page. 2399
9 In addition to the personnel identified above, Everytable employs a large operational workforce consisting of production associates, quality assurance personnel, logistics staff, warehouse personnel, and customer support representatives who provide daily support for meal preparation and delivery operations.

Everytable operates a large-scale USDA-inspected production facility with the capacity to produce and distribute more than 20,000 meals per day. This production capability enables Everytable to rapidly scale staffing and operational resources to meet fluctuating occupancy levels, emergency response requirements, increased meal volumes, specialized dietary requests, and other program needs without disruption to service. Additional culinary, production, logistics, quality assurance, and customer support personnel can be deployed as needed to ensure uninterrupted performance and continued compliance with all contract requirements.

Everytable’s staffing structure provides the operational depth, redundancy, and scalability necessary to support reliable meal service three times daily, seven days per week, while maintaining the highest standards of food safety, quality, and customer service.

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10 Principal Personnel Assigned to the City of San Bernardino Emergency Meal Service Program
Everytable has designated the following three individuals as the principal personnel responsible for overseeing and
supporting the City of San Bernardino’s Emergency Meal
Service Program. These individuals will serve as the primary points of contact for the City throughout contract
implementation and performance and may be available to
participate in any interviews, presentations, or contractrelated meetings requested by the City.

Robert Camarena – Director of Business Development
Mr. Camarena will provide executive oversight and contract administration for the program. He will serve as the primary executive contact for the City, supporting implementation, contract compliance, performance monitoring, and strategic coordination with City staff. Mr. Camarena has extensive experience managing government, nonprofit, healthcare, and housing-based food service programs throughout California and will ensure that program objectives, service expectations, and contractual requirements are consistently met.

Kaelin Kakuta – Director of Partner Success
Ms. Kakuta will serve as the primary day-to-day program manager and client liaison unless otherwise assigned to one of her team members which has yet to be determined. This individual will be responsible for ongoing communication with City staff, order management, service coordination, issue resolution, reporting, and overall customer support. The Partner Success Manager will oversee daily operational performance and ensure prompt responsiveness to changes in occupancy, meal counts, dietary accommodations, and program needs.

Joshua Cooper – Head Chef / Food Service Director
Mr. Cooper will oversee all meal production and culinary operations associated with the contract. His responsibilities include production planning, food quality assurance, staffing coordination, food safety compliance, menu execution, and operational oversight of the production team. Mr. Cooper will ensure that all meals are prepared in accordance with established food safety standards and delivered consistently to meet the City's service requirements.

Together, these individuals provide executive leadership, program management, customer service, culinary expertise, and operational oversight necessary to ensure successful implementation and ongoing performance of the Emergency Meal Service Program.

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11 Proposed Team Organization and Key Personnel
Everytable's team structure combines executive oversight, nutrition expertise, and culinary leadership to ensure successful implementation and ongoing management of the City of San Bernardino's Emergency Meal Service Program. The proposed team provides comprehensive oversight of contract administration, menu development, nutritional compliance, food safety, quality assurance, and meal production operations.

The organizational structure is designed to ensure clear communication, efficient decisionmaking, and responsive service delivery. Robert Camarena will provide executive oversight and contract administration, Alison Acerra will oversee nutritional compliance and specialized dietary accommodations, and Timothy Reardon will lead menu development and culinary execution. These key personnel are supported by Everytable's production, logistics, quality assurance, and customer service teams, allowing the organization to maintain consistent service levels while rapidly responding to changing program needs.

Organizational Structure
Robert Camarena
Director of Business Development
Executive Oversight & Contract Administration
↓
Alison Acerra, MS, RDN
Lead Consulting Dietitian
Nutrition Compliance & Dietary Oversight
↓
Timothy Reardon
Research Chef
Menu Development & Culinary Operations
↓
Production, Quality Assurance, Logistics, and Customer Support Teams Meal Production, Food Safety, Delivery Operations, and Customer Service Packet Page. 2402
12 Timothy Reardon
Vice President, Research & Development and Commercialization Everytable
Timothy Reardon serves as Vice President of Research &
Development and Commercialization for Everytable, where he leads menu innovation, recipe development, and culinary strategy for one of California’s largest producers of fresh, prepared meals. A Certified Research Chef through the
Research Chefs Association and graduate of the Culinary Institute of America (CIA), Chef Reardon brings more than 20 years of experience in food manufacturing, large-scale
foodservice operations, and culinary innovation.

At Everytable, Chef Reardon oversees the development of chef-crafted meals designed to balance nutrition, quality, affordability, and operational efficiency. He works closely with culinary, nutrition, and operations teams to create scalable meal solutions serving a broad range of populations, including individuals experiencing homelessness, residents of interim and supportive housing programs, seniors, healthcare patients, and other vulnerable communities. His responsibilities include menu planning, recipe standardization, ingredient sourcing, quality improvement, and ensuring consistency across Everytable’s largescale meal production operations.

Prior to joining Everytable, Chef Reardon held leadership positions with nationally recognized organizations including Chobani, where he served as Senior Director of Culinary Design, and Applebee’s, where he led culinary innovation and menu strategy for more than 1,600 restaurant locations. He has also supported product development and innovation initiatives for leading food manufacturers including Kraft Foods, Pepsi, Tabasco, Perdue Farms, Danone, and Norwegian Seafood.

Chef Reardon’s combination of culinary expertise, food manufacturing experience, and operational leadership makes him an integral member of Everytable’s management team.

For the City of San Bernardino’s Emergency Meal Service Program, he will provide culinary oversight, menu development, recipe standardization, and quality assurance support to ensure meals are nutritious, appealing, and consistently delivered in accordance with program requirements and participant needs.

Packet Page. 2403
13 Alison Acerra, MS, RDN
Lead Dietitian
Alison Acerra is a Registered Dietitian Nutritionist with extensive experience in clinical nutrition, foodservice operations, menu development, and nutrition compliance
for community-based feeding programs. As Everytable’s
Lead Dietitian, she provides nutrition oversight for meal programs serving healthcare organizations, government
agencies, supportive housing providers, senior nutrition programs, and nonprofit organizations throughout California.

Ms. Acerra works closely with culinary and operations teams to ensure menus are nutritionally balanced, operationally
feasible, and aligned with program requirements and dietary guidelines. Her expertise includes menu analysis, recipe evaluation, specialized dietary accommodations, food labeling, and nutrition compliance. She has significant experience supporting diverse populations with unique dietary needs, including diabetic, vegetarian, glutenfree, dairy-free, low-sodium, and other medically necessary meal modifications.

Throughout her career, Ms. Acerra has collaborated with multidisciplinary teams to develop meal programs that successfully balance nutritional quality, participant satisfaction, operational efficiency, and regulatory compliance. Her experience spans both clinical and community-based nutrition environments, providing her with a comprehensive understanding of how food and nutrition support health outcomes for vulnerable populations.

In her role with Everytable, Ms. Acerra reviews menus and recipes to ensure nutritional integrity while maintaining meal appeal, variety, and participant satisfaction. She works closely with culinary leadership to develop meal solutions that are nutritious, scalable, and appropriate for large-volume production and distribution.

For the City of San Bernardino’s Emergency Meal Service Program, Ms. Acerra will oversee nutritional compliance, menu review, and specialized dietary meal accommodations. Her involvement will help ensure that meals provided to program participants are balanced, nutritious, and responsive to the diverse dietary needs of individuals and families served through the City’s Emergency Motel Shelter Interim Housing Program.

Packet Page. 2404
14 Robert Camarena
Director of Business Development
Robert Camarena serves as Director of Business Development for Everytable and is responsible for developing and managing strategic partnerships with government agencies, municipalities, healthcare organizations, housing providers, educational institutions, and nonprofit organizations throughout California. He brings extensive experience in public-sector contracting, program development, client relations, and large-scale nutrition service initiatives.

Mr. Camarena has successfully led the development and
implementation of meal service programs supporting seniors, individuals experiencing homelessness, veterans, supportive housing residents, healthcare patients, and other vulnerable populations. His expertise includes contract administration, program planning, stakeholder engagement, procurement compliance, and the management of publicly funded food service programs.

Over the course of his career, Mr. Camarena has worked extensively with local governments, housing authorities, social service organizations, healthcare providers, and community-based nonprofits to design and implement meal programs that address food insecurity and improve access to nutritious food. His ability to navigate complex procurement processes, develop strategic partnerships, and coordinate cross-functional operational teams has contributed to the successful launch and expansion of numerous nutrition programs throughout California.

In his role at Everytable, Mr. Camarena serves as the primary point of contact for many government and community-based partners, coordinating culinary, nutrition, logistics, quality assurance, and customer service teams to ensure successful program implementation and ongoing operational performance. He is responsible for overseeing contract compliance, client satisfaction, performance reporting, and continuous program improvement initiatives.

For the City of San Bernardino’s Emergency Meal Service Program, Mr. Camarena will provide executive oversight and contract administration. He will serve as the City’s primary executive contact, ensuring effective communication, contract compliance, performance monitoring, and coordination between City staff and Everytable’s operational teams. His leadership will help ensure reliable service delivery and successful achievement of the City’s program goals. *Everytable does not anticipate utilizing subcontractors for this project, and all meal planning, production, quality assurance, logistics coordination, and delivery services will be performed directly by Everytable personnel utilizing the company's facilities, equipment, and operational infrastructure.

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15 Experience and Technical Competence
Experience and Technical Competence
Everytable’s experience, technical capabilities, and professional expertise directly align with the City of San Bernardino’s goals for the Emergency Meal Service Program. The City requires a partner capable of providing reliable meal preparation and delivery services across multiple locations, accommodating specialized dietary needs, maintaining rigorous food safety standards, and consistently meeting demanding delivery schedules. Everytable’s operational infrastructure, experienced personnel, and large-scale production capabilities position the organization to successfully fulfill these requirements.

Organizational Experience
Everytable is a mission-driven Public Benefit Corporation specializing in the preparation and distribution of fresh, individually packaged meals for:
• Government agencies and municipalities
• Emergency shelter and interim housing programs
• Supportive housing communities
• Healthcare organizations and recuperative care programs • Senior nutrition programs
• Nonprofit and community-based organizations
Our team has extensive experience serving vulnerable populations, including individuals experiencing homelessness, seniors, veterans, healthcare patients, and residents of supportive and transitional housing programs throughout California.

Packet Page. 2406
16 Technical and Operational Capabilities
Everytable operates a USDA-inspected production facility utilizing industry-leading food production and food safety systems, including:
• HACCP-based food safety protocols
• Standardized recipes and portion controls
• Batch-level production tracking and
traceability
• Quality assurance inspections throughout
production
• Temperature monitoring and documentation
• Inventory management and production
forecasting systems
• Allergen awareness and dietary
accommodation protocols
As a large-scale producer of fresh, prepackaged meals, Everytable has the operational capacity to produce and distribute more than 20,000 meals per day, providing the City with confidence that meal volume fluctuations, emergency situations, and future program expansion can be accommodated without disruption to service.

Culinary and Nutrition Expertise
Everytable combines culinary innovation with nutrition
oversight to ensure meals are both nutritious and appealing.

Key capabilities include:
• Chef-crafted menu development
• Registered Dietitian oversight and consultation
• Nutritionally balanced meal planning
• Menu variety designed to reduce menu fatigue
• Compliance with established nutrition and food safety standards Packet Page. 2407
17 Everytable can readily accommodate specialized dietary requests, including:
• Diabetic-friendly meals
• Vegetarian meals
• Gluten-free meals
• Dairy-free meals
• Nut-free meals
• Low-sodium meal modifications
Delivery and Logistics Infrastructure
Everytable maintains a robust logistics network designed to support recurring meal service programs with strict delivery schedules and multiple service locations.

Capabilities include:
• Temperature-controlled transportation
• Multi-site delivery coordination
• Route optimization and scheduling
• Daily meal count verification procedures
• Delivery documentation and accountability
measures
• Responsive communication with client and site
personnel
For the City of San Bernardino, Everytable will support breakfast, lunch, and dinner deliveries seven days per week while maintaining food quality, safety, and service reliability.

Packet Page. 2408
18 Professional Staffing and Program Management
Everytable's multidisciplinary management team
includes professionals with expertise in:
• Contract administration
• Government and public-sector partnerships
• Culinary operations
• Nutrition and dietary compliance
• Food production management
• Quality assurance and food safety
• Logistics and transportation
• Customer service and client support
This structure provides clear accountability and ensures that all aspects of program performance are managed by qualified personnel with direct experience operating large-scale feeding programs.

Ability to Meet Program Goals
Everytable's experience and technical expertise support the City's objectives by providing:
• Reliable meal service three times daily,
seven days per week
• Consistent food quality and participant
satisfaction
• Safe, individually packaged meals
• Specialized dietary accommodations
• Responsive customer service and
communication
• Scalable production capacity to
accommodate changing occupancy levels
• Proven experience serving individuals
experiencing homelessness and housing
insecurity
• Strong food safety, quality assurance, and compliance systems Through its proven operational infrastructure, experienced leadership team, advanced food safety systems, culinary expertise, and scalable production capabilities, Everytable is fully prepared to meet and exceed the goals and general functions identified in the City of San Bernardino's Emergency Meal Service Program RFP.

Packet Page. 2409
19 Past Experience of Assigned Staff Performing Similar Services Everytable has assembled a highly experienced management team with extensive backgrounds in large-scale meal production, nutrition services, public-sector partnerships, community feeding programs, and foodservice operations. The personnel assigned to the City of San Bernardino Emergency Meal Service Program have collectively supported the development, implementation, and management of meal programs serving seniors, individuals experiencing homelessness, veterans, healthcare patients, supportive housing residents, and other vulnerable populations throughout California.

Robert Camarena, Director of Business Development, has extensive experience managing government and nonprofit food service contracts and developing partnerships with municipalities, healthcare organizations, housing providers, and community-based organizations. He has led the implementation of meal service programs supporting interim housing communities, supportive housing programs, emergency shelter providers, recuperative care programs, senior nutrition services, and healthcare initiatives throughout California. His responsibilities routinely include contract administration, program implementation, stakeholder engagement, compliance oversight, and coordination between operational teams and publicsector clients. Mr. Camarena has successfully supported numerous publicly funded meal programs requiring strict adherence to service levels, reporting requirements, and operational performance standards.

Kaelin Kakuta, Director of Partner Success, has significant experience managing client relationships and overseeing day-to-day operations for large-scale meal service programs. She serves as the primary liaison for numerous government agencies, nonprofit organizations, housing providers, and healthcare partners throughout California. Her experience includes coordinating meal orders, managing service delivery schedules, resolving operational issues, overseeing customer service functions, and ensuring contract performance objectives are consistently met. Ms. Kakuta has extensive experience supporting programs serving individuals experiencing homelessness, residents of supportive housing communities, and participants in healthcare and social service programs.

Packet Page. 2410
20 Joshua Cooper, Head Chef and Food Service Director, oversees large-scale meal production operations and has extensive experience managing culinary teams, food safety programs, quality assurance systems, and production workflows. He is responsible for ensuring meals are prepared consistently, safely, and efficiently while meeting nutritional and operational requirements. Mr. Cooper's experience includes managing high-volume meal production environments that serve thousands of meals daily, making him uniquely qualified to oversee meal preparation and quality control for emergency feeding and housing-based meal programs.

Timothy Reardon, Vice President of Research & Development and Commercialization, brings more than 20 years of experience in culinary innovation, menu development, food manufacturing, and large-scale foodservice operations. Prior to joining Everytable, he held leadership positions with Chobani, Applebee's, Plated, and other nationally recognized food organizations. His expertise in menu planning, recipe standardization, and scalable food production supports Everytable's ability to provide nutritious, appealing, and operationally efficient meal solutions for large community feeding programs.

Alison Acerra, MS, RDN, Lead Consulting Dietitian, provides nutrition oversight and specialized dietary expertise for Everytable's meal programs. She has extensive experience supporting nutrition compliance, menu analysis, therapeutic diets, and meal planning for healthcare, community nutrition, and social service programs. Her experience ensures that Everytable can successfully accommodate specialized dietary requirements while maintaining balanced nutrition and participant satisfaction.

Collectively, Everytable's assigned management team has direct experience supporting meal programs for emergency shelters, interim housing communities, supportive housing providers, senior nutrition programs, healthcare organizations, and other community-based initiatives. This experience is supported by Everytable's large-scale production infrastructure, which currently produces and distributes fresh, individually packaged meals throughout California and has the operational capacity to scale production beyond 20,000 meals per day. The team's combined expertise in program management, nutrition, culinary operations, logistics, quality assurance, and customer service provides the City of San Bernardino with a proven and highly qualified partner capable of delivering reliable, safe, and responsive meal services throughout the contract term.

Packet Page. 2411
21 Firm Experience
Everytable has been conducting
business since 2016 and has more
than nine (9) years of experience
providing large-scale meal
production, foodservice
management, and meal delivery
services throughout California.

Everytable meets and exceeds the
minimum qualification
requirement of four (4) years of
experience providing services similar
to those requested in this RFP. Over
the past nine years, Everytable has
successfully provided meal planning,
preparation, packaging, and delivery services for public agencies, municipalities, healthcare organizations, senior nutrition programs, supportive housing providers, emergency shelter programs, recuperative care facilities, educational institutions, and nonprofit organizations serving vulnerable populations.

Through these engagements, Everytable has developed extensive expertise in large-volume meal production, specialized dietary accommodations, food safety and quality assurance, temperature-controlled logistics, and contract compliance. Our experience includes supporting publicly funded programs requiring reliable meal service, responsive customer support, regulatory compliance, and scalable operations capable of serving diverse participant populations.

Accordingly, Everytable certifies that it possesses the required experience and qualifications to perform the services described in the City of San Bernardino Emergency Meal Service Program RFP and has successfully provided substantially similar services for public-sector clients for well in excess of the required four-year minimum.

Packet Page. 2412
22 Proposer’s experience and performance performing similar services Exodus
Recovery
Contact: Lezlie Murch, CEO
Address: 9808 Venice Blvd. Suite 700,
Culver City, CA 90232
Phone: 310-945-3350
Email: [email protected]
Everytable provides over 3,000 fresh,
ready-to-eat meals per week
distributed among six (6) sites
supporting residents in recovery and
transitional housing..

Volunteers of
America
Los Angeles
Contact: Antonio Alvarenga, Program
Transitions Manager
Address: 3600 Wilshire Blvd. Suite 1500,
Los Angeles, CA 90010
Phone: 213-389-1500
Email: [email protected]
Everytable provides approximately
5,600 fresh, ready-to-eat meals per
week distributed among six (6) sites
supporting residents in recovery and
transitional housing.

OPICA
Contact: Saira Reyes,
Director of Operations
Address: 1759 Missouri Ave, Los Angeles,
CA 90025
Phone: (310) 478-0226
Email: [email protected]
Everytable provides approximately
250 congregate meals to an adult day
center. OAA Title III compliant and
medically tailored meals.

The Salvation
Army –
San Francisco
Contact: Destiny Pletsch
Address: 832 Folsom St. San Francisco,
CA 94103
Phone: 415-770-8660
Email:
[email protected]
Everytable provides approximately
1,500 fresh, ready-to-eat meals per
week distributed among two (2)
sites supporting residents in recovery
and transitional housing
Packet Page. 2413
23 Local Experience and Knowledge of the City
While Everytable has not previously
contracted directly with the City of San
Bernardino, the organization
possesses extensive operational
experience throughout the Inland
Empire region and a strong
understanding of the communities,
service providers, and populations
served within the area.

Everytable currently maintains a
retail distribution hub in the City of
Riverside and regularly supports meal
service programs throughout Riverside
and San Bernardino Counties, providing
efficient access to the region and
familiarity with local transportation corridors, service networks, and operational considerations.

Everytable has substantial experience serving vulnerable populations across Southern California, including individuals experiencing homelessness, residents of interim and supportive housing programs, seniors, veterans, healthcare patients, and participants in community-based social service programs. This experience has provided valuable insight into the challenges faced by housing-insecure individuals and the critical role that reliable meal services play in supporting health, stability, and overall wellbeing.

Through its ongoing operations in the Inland Empire, Everytable has developed strong regional logistics capabilities, established distribution infrastructure, and the operational flexibility necessary to support meal service programs within the City of San Bernardino.

Combined with our large-scale production capacity, experienced management team, and extensive experience serving public and community-based organizations, Everytable is wellpositioned to quickly integrate into the City's Emergency Meal Service Program and provide reliable, responsive, and high-quality service from the first day of operation.

Packet Page. 2414
24 Project Specific Experience
Project 1: Exodus Recovery, Inc.

Contact: Lezlie Murch, Chief Executive Officer
Address: 9808 Venice Blvd., Suite 700, Culver City, CA 90232 Phone: 310-945-3350
Email: [email protected]
(a) Role of Firm
Everytable serves as the primary meal provider for multiple Exodus Recovery behavioral health, recuperative care, and transitional housing programs throughout Los Angeles County. (b) Dollar Value of Services
Approximately $1.1 million annually.
(c) Dollar Value of Fee
Approximately $1.1 million annually.
(d) Description of Services
Since June 2023, Everytable has provided fresh, individually packaged meals to multiple Exodus Recovery locations serving individuals receiving behavioral health services, recuperative care, and transitional housing support. Services include menu planning, meal production, packaging, delivery logistics, dietary accommodations, quality assurance, and ongoing account management.

Everytable currently provides more than 3,000 fresh, ready-to-eat meals per week distributed across six program locations. Meals are produced in a USDA-inspected facility utilizing HACCP-based food safety systems and are delivered through a temperature-controlled logistics network. Services include vegetarian accommodation, diabetic-friendly, dairy-free, gluten-free, and other specialized dietary requirements.
(e) Staffing
Project staffing includes executive oversight, client success management, culinary leadership, dietitian oversight, quality assurance personnel, production teams, and dedicated delivery drivers. (f) Duration of Services
June 2023 – Present
(g) Relationship to Client
Current client. Everytable serves as a trusted food service partner supporting multiple housing, recovery, and behavioral health programs.

Packet Page. 2415
25 Project 2: Volunteers of America Los Angeles (VOALA) Contact: Antonio Alvarenga, Program Transitions Manager Address: 3600 Wilshire Blvd., Suite 1500, Los Angeles, CA 90010 Phone: 213-389-1500
Email: [email protected]
(a) Role of Firm
Everytable serves as the primary meal provider for multiple VOALA housing and transitional living programs serving vulnerable populations throughout Los Angeles County. (b) Dollar Value of Services
Approximately $1.3 million annually.
(c) Dollar Value of Fee
Approximately $1.3 million annually.
(d) Description of Services
Since September 2024, Everytable has provided comprehensive meal planning, production, packaging, and delivery services supporting residents in transitional housing and recovery-focused programs.

Services include menu development, meal production, dietary accommodations, food safety compliance, logistics coordination, and customer support.

Everytable currently distributes approximately 5,600 fresh, ready-to-eat meals per week across 2 program locations. Meal services support residents transitioning from homelessness and housing instability while providing consistent access to nutritious food. The program requires coordinated multisite logistics, ongoing communication with program staff, flexible meal ordering processes, and reliable delivery performance.

Meals are produced under strict food safety protocols and delivered through Everytable's refrigerated distribution network to ensure quality, consistency, and participant satisfaction. (e) Staffing
Project staffing includes executive management, partner success personnel, culinary operations leadership, registered dietitian oversight, production staff, quality assurance personnel, logistics coordinators, and delivery drivers.
(f) Duration of Services
September 2024 – Present
(g) Relationship to Client
Current client. Everytable serves as an ongoing food service partner supporting multiple housing and recovery-focused programs.

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26 Project 3: The Salvation Army – San Francisco
Contact: Destiny Pletsch
Address: 832 Folsom Street, San Francisco, CA 94103
Phone: 415-770-8660
Email: [email protected]
(a) Role of Firm
Everytable serves as the primary meal provider for Salvation Army housing and recovery programs serving residents experiencing homelessness and housing insecurity. The sites currently service are Hope House and Wells Place.
(b) Dollar Value of Services
Approximately $737,000 annually.
(c) Dollar Value of Fee
Approximately $737,000 annually.
(d) Description of Services
Since August 2025, Everytable has provided fresh, ready-to-eat meals supporting residents participating in transitional housing and recovery programs operated by The Salvation Army in San Francisco. Services include meal planning, production, packaging, transportation, dietary accommodations, and ongoing program coordination.

Everytable currently provides approximately 1,500 fresh, ready-to-eat meals per week distributed across two program sites. Meals are prepared in Everytable's USDA-inspected production facility and delivered through a refrigerated logistics network designed to maintain food quality and food safety throughout the distribution process.

The engagement requires dependable recurring meal service, responsive customer support, flexible ordering processes, and close coordination with site personnel to support program participants and changing operational needs.
(e) Staffing
Project staffing includes executive oversight, client success management, culinary leadership, food production personnel, quality assurance staff, logistics coordinators, and delivery drivers. (f) Duration of Services
August 2025 – Present
(g) Relationship to Client
Current client. Everytable serves as the contracted meal provider supporting multiple housing and recovery-focused programs.

Packet Page. 2417
27 Disclosure of Prior Contract Performance Matters
With the exception of the matter described below, Everytable certifies that none of the circumstances identified in Sections (a) through (g) have occurred. Specifically, Everytable has not failed to enter into a contract after selection, withdrawn a proposal due to error, been debarred by any public agency, been involved in litigation, arbitration, or mediation related to contract performance, been convicted of any antitrust or bidding-related violation, falsified information in connection with a contract, or willfully disregarded applicable laws, regulations, or contractual requirements.

Termination or Failure to Complete a Contract
In 2025, Everytable was unable to successfully complete a meal delivery contract with Contra Costa County. The primary factor contributing to the contract's termination was the performance of a third-party delivery provider engaged to support portions of the logistics and distribution requirements associated with the program. The delivery provider was ultimately unable to consistently meet the operational demands and service requirements necessary to support reliable meal distribution across the County's service area.

Following this experience, Everytable conducted a comprehensive review of its logistics operations and vendor management practices and implemented additional controls to strengthen oversight of transportation and delivery performance. These improvements included increased operational monitoring, enhanced contingency planning, and greater reliance on Everytable's internal logistics infrastructure and established delivery network.

This matter represents an isolated occurrence and does not reflect Everytable's overall performance history. Since that time, Everytable has continued to successfully provide meal production and delivery services to numerous government agencies, municipalities, nonprofit organizations, housing providers, healthcare organizations, and community-based programs throughout California, including large-scale contracts serving vulnerable populations requiring dependable and consistent meal service.

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28 Technical Competence and In-House Resources
Everytable possesses the technological infrastructure, operational systems, and multidisciplinary staffing resources necessary to successfully support the City of San Bernardino’s Emergency Meal Service Program. Our organization utilizes integrated food production, logistics, quality assurance, inventory management, and customer relationship management systems designed to support large-scale meal programs requiring consistent service, accountability, and operational flexibility.

Technology and Software Resources
Everytable utilizes a combination of proprietary and commercial software platforms to manage meal production, inventory control, quality assurance, logistics coordination, and client communications, including:
• Enterprise Resource Planning (ERP) and production management systems for production forecasting, inventory management, recipe standardization, and procurement planning. • Customer Relationship Management (CRM) systems to support client communications, service requests, issue tracking, and contract management. • Route planning and logistics software to optimize delivery schedules, monitor transportation performance, and support multi-site delivery operations. • Digital temperature monitoring, food safety documentation, and quality assurance systems that support HACCP compliance and operational accountability. • Cloud-based collaboration platforms that facilitate communication between culinary, nutrition, logistics, quality assurance, customer service, and management personnel. • Microsoft Office 365 applications, including Excel, Word, Outlook, Teams, SharePoint, and Power BI reporting tools to support data analysis, performance monitoring, and client reporting.

Packet Page. 2419
29 Food Production and Quality Systems
Everytable's USDA-inspected production facility utilizes standardized operating procedures, production scheduling software, inventory forecasting tools, batch-level traceability systems, and quality assurance protocols that support large-volume meal production while maintaining consistency, food safety, and regulatory compliance. These systems provide visibility across the production process from ingredient procurement through final delivery.

Multidisciplinary Staff Resources
A key strength of Everytable is its ability to draw upon an experienced multidisciplinary team to support all aspects of contract performance. The City of San Bernardino will have access to professionals with expertise in:
• Contract administration and government partnerships
• Program management and customer service
• Culinary operations and menu development
• Registered dietitian nutrition services
• Food safety and quality assurance
• Production management and supply chain operations
• Logistics, transportation, and route planning
• Procurement and inventory management
• Data reporting and performance monitoring
This collaborative structure allows Everytable to rapidly address operational challenges, dietary accommodation requests, changing meal volumes, service modifications, and emergency response needs while maintaining uninterrupted service.

Scalability and Operational Capacity
Everytable's integrated technology systems and multidisciplinary staffing model support the production and distribution of more than 20,000 meals per day and provide the operational flexibility necessary to accommodate fluctuating occupancy levels, changing service requirements, specialized dietary needs, and emergency response situations. This combination of technological resources, operational infrastructure, and professional expertise ensures Everytable can reliably deliver the services requested under this RFP while maintaining high standards of quality, food safety, responsiveness, and customer service.

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30 Proposed Method to Accomplish the Work
Everytable's technical and management approach is designed to ensure the reliable preparation and delivery of nutritious meals to participants residing in the City of San Bernardino's Emergency Motel Shelter Interim Housing Program. Our approach combines large-scale production capabilities, established food safety systems, experienced program management, and a robust logistics infrastructure to provide dependable breakfast, lunch, and dinner service seven days per week while maintaining flexibility to accommodate changing occupancy levels, specialized dietary needs, and emergency program requirements.

Management Approach
Everytable will assign a dedicated management team led by Robert Camarena, Director of Business Development, and Kaelin Kakuta, Director of Partner Success, to oversee contract implementation and ongoing performance. This team will serve as the primary point of contact for the City and will coordinate all operational functions, including meal production, delivery logistics, quality assurance, dietary accommodations, issue resolution, and performance monitoring.

Key management objectives include:
• Maintaining consistent and reliable meal service.
• Ensuring compliance with all contract requirements.
• Providing responsive communication with City and shelter staff. • Accommodating fluctuating participant counts and dietary needs. • Monitoring food quality, safety, and participant satisfaction. • Implementing continuous quality improvement measures.

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31 Technical Approach
Meals will be prepared in Everytable's USDA-inspected production facility utilizing:
• HACCP-based food safety systems.
• Standardized recipes and portion
controls.
• Batch-level production tracking and
traceability.
• Quality assurance inspections throughout
production.
• Temperature monitoring and
documentation.
• Specialized dietary meal preparation and
labeling procedures.

Everytable's production infrastructure currently supports more than 20,000 meals per day, providing sufficient capacity to accommodate the City's current needs as well as future program growth or emergency increases in occupancy.

Meals will be individually packaged, clearly labeled, and transported using temperaturecontrolled vehicles to ensure food quality and safety throughout the distribution process.

Delivery and Logistics Approach
The City's RFP allows vendors to provide either daily meal deliveries consisting of breakfast, lunch, and dinner for both shelter locations or a single delivery of up to five (5) days of frozen meals. Everytable proposes an alternative approach utilizing its fresh meal platform and Modified Atmosphere Packaging (MAP) technology, which provides many of the operational benefits of frozen meals while preserving meal quality, taste, texture, and nutritional integrity.

Modified Atmosphere Packaging (MAP) is a food preservation process that replaces the air within sealed meal containers with a controlled blend of gases that slows spoilage and extends shelf life without the need for freezing or chemical preservatives.

Through this process, Everytable's fresh meals maintain a refrigerated shelf life of approximately 10 to 12 days while preserving product quality and food safety.

Packet Page. 2422
32 Benefits of Everytable's MAP-packaged fresh meals include:
• Fresh, chef-prepared meals with superior taste, texture, and appearance compared to frozen meals.
• Extended refrigerated shelf life of approximately
10–12 days.
• Reduced freezer storage requirements at shelter
locations.
• Faster and easier meal preparation for participants
and site staff.
• Better preservation of nutritional quality compared to frozen products. • Reduced food waste through flexible inventory management. • Individually packaged and clearly labeled meals that support safe distribution and dietary accommodations.
• Elimination of thawing requirements and associated food safety risks.

This approach provides the City with operational flexibility while enhancing the participant dining experience. Rather than requiring multiple deliveries each day, Everytable can coordinate scheduled deliveries containing multiple days of fresh MAP-packaged meals based on the City's preferred
service model and available refrigeration capacity at each site.

Meals will be transported using temperature-controlled
vehicles and delivered in accordance with established food safety protocols. Everytable's logistics team will coordinate directly with City and shelter staff to confirm meal counts, dietary accommodations, delivery schedules, and inventory levels to ensure uninterrupted meal service throughout the contract period.

By combining large-scale production capabilities, MAP packaging technology, and a refrigerated distribution network, Everytable offers a solution that provides the convenience traditionally associated with frozen meals while delivering the quality, nutrition, and participant satisfaction benefits of fresh meal service.

Packet Page. 2423
33 Specialized Dietary Accommodations
Everytable will accommodate participant dietary
requirements including:
• Diabetic-friendly meals
• Vegetarian meals
• Gluten-free meals
• Dairy-free meals
• Nut-free meals
• Low-sodium meal modifications
All modified meals will be appropriately labeled to support safe and accurate distribution.

Proposed Schedule, Milestones, and Deliverables
Milestone Activity Deliverable
Contract
Award Contract execution and kickoff meeting Executed agreement and project kickoff Week 1 Coordination with City staff and shelter
representatives
Finalized communication and service
protocols
Week 1 Establish meal ordering and reporting
procedures
Meal count and dietary
accommodation process
Week 1 Confirm delivery schedules and site
logistics Delivery schedule and routing plan
Week 1 Final menu approval and production
planning
Approved menus and production
schedule
Service Start
Date
Begin meal production and delivery
operations Successful program launch
Ongoing Daily meal production and delivery Breakfast, lunch, and dinner service Ongoing Meal count adjustments and dietary
accommodations
Updated meal orders and modified
meals
Ongoing Performance monitoring and issue
resolution Continuous service improvement
Ongoing Communication with City and site staff Responsive customer support and coordination
Packet Page. 2424
34 Additional Recommendations
Based on our experience operating emergency feeding and housing-based meal programs, Everytable recommends establishing a designated City or shelter-site contact responsible for daily meal count verification and dietary accommodation updates. This process helps ensure accurate meal forecasting, minimizes food waste, supports efficient production planning, and allows the City to respond quickly to changes in occupancy levels.

Everytable also recommends implementation of a standing weekly operational check-in between City staff and Everytable's management team to review service performance, discuss operational needs, and proactively address program changes.

Through this integrated management, culinary, food safety, and logistics approach, Everytable will provide the City of San Bernardino with a reliable, scalable, and responsive meal service program that supports participant wellbeing while meeting all operational and contractual requirements.

Litigation History
Everytable certifies that there have been no claims, lawsuits, arbitration proceedings, mediation proceedings, or other litigation matters filed by or against the company related to the provision of food service, meal production, meal delivery, or other contracted services within the past five (5) years.

Accordingly, Everytable has no litigation history to disclose in response to this section.

Packet Page. 2425
35 Other Information
Demonstration of Record of Staffing Tasks Efficiently and Completing Projects on Time and Within Budget
Everytable has a proven track record of successfully implementing and managing meal service programs for government agencies, municipalities, healthcare organizations, supportive housing providers, emergency shelters, senior nutrition programs, and nonprofit organizations throughout California. Our multidisciplinary staffing model combines culinary, nutrition, logistics, quality assurance, customer service, and management professionals who work collaboratively to ensure projects are implemented efficiently, delivered on schedule, and maintained within budgetary requirements.

Everytable's operational infrastructure includes a USDA-inspected production facility, established quality assurance systems, temperature-controlled logistics network, and production capacity exceeding 20,000 meals per day. These resources allow Everytable to effectively manage fluctuating meal volumes, changing client needs, and complex delivery schedules while maintaining consistent service levels and cost controls. Through careful production forecasting, inventory management, route optimization, and performance monitoring, Everytable has consistently demonstrated its ability to meet contractual obligations and deliver reliable meal service programs on time and within established budgets.

Community Involvement
As a mission-driven Public Benefit Corporation,
Everytable was founded to increase access to
nutritious, affordable food in underserved
communities. Our work focuses on addressing
food insecurity and improving health outcomes
through partnerships with government agencies,
healthcare providers, educational institutions,
housing organizations, nonprofit service providers,
and community-based organizations throughout
California.

Everytable actively supports programs serving individuals experiencing homelessness, seniors, veterans, families, students, healthcare patients, and other vulnerable populations. Through these partnerships, Everytable helps expand access to healthy meals while supporting broader community goals related to housing stability, healthcare access, food security, and overall wellbeing.

Packet Page. 2426
36 Previous Involvement with the City
Everytable has not previously contracted with or provided services directly to the City of San Bernardino. However, Everytable maintains extensive operational experience throughout Southern California and the Inland Empire region, including ongoing service to organizations and programs located within Riverside and San Bernardino Counties.

Conflict of Interest Statement
Everytable certifies that it is not aware of any actual, potential, or perceived conflicts of interest that would interfere with its ability to provide the services described in this RFP. Furthermore, Everytable has no financial, organizational, or personal interests that would create a conflict in connection with the performance of services for the City of San Bernardino and will promptly disclose any potential conflict should one arise during the term of the contract.

Packet Page. 2427
37 Fiscal Stability
At Everytable, our mission has always been to make healthy, affordable food accessible to everyone. To further this mission, we have strategically expanded over the past few years— opening new locations, refining our franchise model, and enhancing operations to better serve both retail customers and large-scale foodservice contracts.

We have included our last available year of audited financials FY 2023-2024. We compressed the files, as each report is 30+ pages. We can provide full resolution and full-page reports on request.

Like many rapidly growing companies, our financial performance reflects the necessary investments required to scale sustainably. Expansion comes with upfront costs—building new locations, onboarding franchisees, and optimizing logistics—all of which were carefully planned and financed to strengthen our foundation for long-term success.

These investments have positioned Everytable for a strong future. We remain on solid financial footing, backed by committed investors and a clear path toward profitability.

Additionally, we have implemented key operational improvements, including cost optimization, increased efficiency, and growth in our foodservice business, all of which are driving us toward financial sustainability.

We recognize that financial stability is an important factor when entering long-term partnerships. Rest assured, Everytable is well-capitalized and well-prepared to meet our commitments. Our dedication to operational excellence and sustainable expansion ensures that we can continue providing high-quality food and reliable service for years to come.

Please feel free to reach out with any questions. We look forward to the opportunity to work together.

Phone: 909-289-8900 | Email: [email protected] | Corporate: 18901 Railroad St, City of Industry, CA, 91748 Respectfully,
Robert Camarena
Director of Business Development
Packet Page. 2428
38 EVERYTABLE FINANCIAL INSTITUTION

REFERENCES
Please see below for Everytable’s financial institution contacts and references.

BANK OF AMERICA
Amy L. Kilmon
Vice President | Senior Relationship Manager, Emerging Growth Commercial Banking
Bank of America, N.A.
333 S. Hope St, 24th Floor, Los Angeles, CA 90071
T 213.621.7532 M 213.408.2241

CAPITAL IMPACT PARTNERS
Swetha Krishnakumar
[email protected]
571-814-0463
301 N. Lake Avenue
Suite #350
Pasadena, CA 91101
Lender

SCL EQUIPMENT FINANCE
180 E Main St Unit 204, Tustin, CA 92780
Lynda Andrian
714-573-9804 x105
Lender
Packet Page. 2429
39 Credit Score and Corporate Financials
We have spent the last 3 years investing heavily in growth and setting our operations up for scalability. We continue to be in a strong financial position, with cash on hand and we are poised for strategically growing our Food Service partnerships. At the end of this section, we have included the last 3+ years of financial records for your review (Full resolution and full-page reports available on request). Also, in the following pages we have included more information about our internal financial controls and processes.

Additionally, Everytable has access to at least $1,000,000 in credit to manage our operations.

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40 Packet Page. 2431
41 Packet Page. 2432
42 Packet Page. 2433
43 Packet Page. 2434
44 Packet Page. 2435
45 Packet Page. 2436
46 Packet Page. 2437
47 Packet Page. 2438
48 Packet Page. 2439
49 Certification of Proposal
Packet Page. 2440
50 Certificate of Insurance
Evidence ONLY
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51 Vendor Quote Form
The following unit of measurement is based upon 100 participants, receiving 3 meals per day, 7 days a week (2,100 units per week). This amount was then multiplied by the estimated duration of the program (12 weeks). Everytable can increase the volume of meals as neede Packet Page. 2442
52 Acknowledgement of Insurance Requirements
Packet Page. 2443
53 Applicable Licenses
County of Los Angeles Public Health Permit
Packet Page. 2444
54 County of Los Angeles Health Inspection Report
Packet Page. 2445
55 Packet Page. 2446
56 County of Los Angeles Department of Public Health Plan Check Inspection Packet Page. 2447
57 Packet Page. 2448
58 Business Tax License
Packet Page. 2449
59 Conclusion
Everytable appreciates the opportunity to submit this proposal for the City of San Bernardino's Emergency Meal Service Program. The services requested align closely with Everytable's mission and extensive experience providing nutritious meal solutions to individuals experiencing homelessness, residents of interim and supportive housing programs, healthcare patients, seniors, veterans, and other vulnerable populations throughout California.

With a USDA-inspected production facility, HACCP-based food safety systems, a multidisciplinary management team, and production capacity exceeding 20,000 meals per day, Everytable possesses the operational infrastructure and technical expertise necessary to successfully meet the City's requirements.

Our ability to provide fresh, chef-prepared meals utilizing Modified Atmosphere Packaging (MAP) technology offers the City a flexible, high-quality alternative to frozen meals while supporting food safety, participant satisfaction, and operational efficiency.

Everytable is prepared to deliver reliable meal service, responsive customer support, specialized dietary accommodations, and scalable operations that can adapt to changing program needs. We look forward to partnering with the City of San Bernardino to support the health, dignity, and wellbeing of program participants while serving as a trusted and dependable partner throughout the term of the contract.

THANK YOU!
Packet Page. 2450
60 CASE STUDY: Nutrition Risk and Satisfaction
Scores -OAA Program (Santa Clara)
Challenge: Many seniors in Santa Clara County struggle with food insecurity and lack access to affordable, nutritious meals. Traditional meal programs often fail to provide fresh, culturally relevant, and easily accessible options, leading to poor nutrition and declining health.

Solution: By partnering with Everytable, the Senior Nutrition Program (SNP) has transformed meal accessibility for older adults. Everytable’s innovative meal model delivers chef-crafted, nutritious meals at a low cost, ensuring seniors receive fresh, balanced food without the barriers of high prices or difficult access.

The meals are designed to support senior dietary needs, incorporating high-protein, fiber-rich, and lowsodium options to promote heart health, mobility, and overall well-being.

Impact: Since implementing Everytable meals, participating seniors have reported improved energy levels, better digestion, and reduced health complications related to malnutrition. Surveys show a 40% increase in meal satisfaction and a 30% improvement in daily fruit and vegetable intake. The convenience of home delivery and accessible pick-up locations has also led to a 20% decrease in meal program dropout rates, ensuring more seniors receive the nutrition they need.

Everytable Metrics-Overall Health Score
Over 90% answered that our meal program “helps to maintain overall health” Packet Page. 2451

Page 22 of 39 ends

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

ADDRESS:

RFP F-26-1058

EMERGENCY MEAL SERVICE PROGRAM
The undersigned hereby submits the following price quote in response to the above-referenced RFP. Pricing includes all labor, materials, equipment, transportation, and services necessary to perform the work described in the RFP.

ITEM NO. DESCRIPTION

UNIT OF

MEASURE TOTAL AMOUNT

1. Breakfast

2. Lunch

3. Dinner

4. Specialized Dietary Meal

5. Packaging Costs

6. Delivery Fee

TOTAL VENDOR QUOTE
Total Number of Additional Pages:

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

SUBMITTED BY: DATE: ___________________
(Authorized Representative Signature)
PRINT NAME: TITLE: ___________________
LIC. NO: CLASSIFICATION: DIR REG. NO: _______________
Everytable, PBC 909-289-8900
18901 Railroad St. City of Industry, CA 91748
8,400
8,400
8,400
NA
Included
Included
$5.35 each
$6.50 each
$6.50 each
$6.50 each
$44,940.00
$54,600.00
$54,600.00
$00,000.00
$00,000.00
$00,000.00
$154,140.00
0 Verified by pdfFiller
06/11/2026
June 11, 2026
Robert Camarena Director of Business Development
PR0323361 Public Health
Packet Page. 2452
1 MODEL VENDOR SERVICES AGREEMENT – REMOVE THIS TITLE WHEN USED.

PLEASE NOTE: THIS VENDOR SERVICES AGREEMENT MAY NOT BE USED TO

CONTRACT FOR PROFESSIONAL, DESIGN OR CONSTRUCTION SERVICES

VENDOR SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND [***INSERT NAME***]
This Agreement is made and entered into as of [***INSERT MONTH***] [***INSERT DATE***], 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY AND STATE- CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of vendor services for the following project:
[***INSERT DESCRIPTION***] (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

3. Vendor Practices. All vendor services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal.

Packet Page. 2453
2 4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” [***Alternatively, the compensation schedule may be described here***]
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $[***INSERT NOT TO EXCEED AMOUNT***]. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval.

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

6. Term. This Agreement shall commence on the Effective Date and continue through [***INSERT DATE***]unless the Agreement is previously terminated as provided for herein (“Term”).

9. Delays in Performance.

Packet Page. 2454
3 a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

Packet Page. 2455
4 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

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

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

Packet Page. 2457
6 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.
g. Aviation and/or Drone Liability [***REMOVE SECTION IF NOT APPLICABLE***]
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City.

Packet Page. 2458
7 h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
Aviation/Drone Liability $1,000,000 per occurrence limit [***REMOVE IF NOT APPLICABLE***]
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional 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 Packet Page. 2459
8 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 (3) years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A: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
Packet Page. 2460
9 (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

Packet Page. 2461
10 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 h old the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). [***IF CITY IS AWARE THAT THE CONSULTANT WILL PERFORM WORK

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

20. Laws and Venue. This Agreement shall be interpreted in accordance with Packet Page. 2462
11 the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

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

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

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 Packet Page. 2463
12 hereunder except as expressly provided herein.

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

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

CITY:

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

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

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

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, Packet Page. 2464
13 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.

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.

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.

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 Packet Page. 2465
14 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.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
ATTESTED BY:

Telicia Lopez, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
[***INSERT NAME***]
APPROVED BY:
[***INSERT NAME***]
[***INSERT POSITION***]
Packet Page. 2467
16 EXHIBIT A
[***ATTACH OR INSERT: Scope of Services / Schedule of Charges and Payments / Activity Schedule***]
Packet Page. 2468

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: July 15, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development and Housing Department: Community Development and Housing
Subject: Ratify and Accept the San Bernardino County Fire Protection District Ordinance No. FPD 26-02 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-110, to ratify and accept the San Bernardino County Fire Protection District’s (“District”) Ordinance No. FPD 26-02, which adopts by reference the 2025 Edition of the California Fire Code, along with certain changes, modifications, amendments, additions, deletions, and exceptions to the 2025 Edition of the California Fire Code, relating to fire regulations, and the 2025 Wildland-Urban Interface (WUI) Code.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
The adoption of the Resolution No. 2026-110 will repeal San Bernardino County Fire Protection District Ordinance No. FPD 23-01, which previously adopted the 2022 Edition of the California Fire Code and will ratify Ordinance No. FPD 26-02 adopting the 2025 Edition of the California Fire Code.

Background
As a result of Local Agency Formation Commission (LAFCO) annexation proceedings, the San Bernardino County Fire Protection District (“District”) assumed control of the City of San Bernardino’s fire protection services, meaning that the City of San Bernardino (“City”) resides in the District’s jurisdiction. Every three years, the California Building Standards Commission publishes updated regulations in Part 9 of the California Code of Regulations, Title 24, that pertain to fire safe building standards.

Local agencies are required to adopt the updated regulations but may also make local amendments as necessary in the ordinance adopting these regulations.

Packet Page. 2469
Discussion
The District has adopted the 2025 Edition of the Fire Code, known as the California Code of Regulations, Title 24, Part 9, along with the appendices and amendments thereto. Pursuant to California Health and Safety Code Section 13869.7(c), the District’s Fire Code Ordinance cannot take effect until the municipalities in which the Ordinance will apply each ratify the Ordinance. Given that the City is located within the District’s jurisdiction, the City must ratify the District’s Fire Code Ordinance in order for it to take effect.

Strategic Targets and Goals
Adoption of the attached Resolution aligns with Strategic Target No. 3: Improved Quality of Life. Specifically, the ratification of the County adopted Fire Code helps preserve the public’s health, safety, and welfare.

Fiscal Impact
No fiscal impact to the City is associated with this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-110, to ratify and accept the San Bernardino County Fire Protection District’s (“District”) Ordinance No. FPD 26-02, which adopts by reference the 2025 Edition of the California Fire Code, along with certain changes, modifications, amendments, additions, deletions, and exceptions to the 2025 Edition of the California Fire Code, relating to fire regulations, and the 2025 Wildland-Urban Interface (WUI) Code.

Attachments
Attachment 1 - Resolution No. 2026-110
Attachment 2 - Exhibit A Ordinance No. FPD 26-02
Ward:

All Wards
Synopsis of Previous Council Actions:

January 17, 2024 Mayor and City Council adopted Resolution No. 2024-006 June 17, 2020 Mayor and City Council adopted Resolution No. 2020-140 CC
Eric Levitt, City Manager
Packet Page. 2470
Resolution No. 2026-110
Resolution No. 2026-110
July 15, 2026

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Mayor and City CouncilJuly 15, 2026

Mayor and City Council
July 15, 2026