Agenda packet — Mayor and City Council, August 5, 2026 (part 2 of 6)

as City PTN Blk 12 and PTN 3rd St VAC
City Negotiator: City Manager or Designee
Negotiating Parties: El Corte Ingles
Under Negotiations: Price and Terms of Exclusive Negotiating Agreement 7:00 PM
The Regular Meeting was called to order at 7:03 PM by Mayor Pro Tem Fred Shorett on Wednesday, October 18, 2023, at Feldheym Central Library, San Bernardino, CA.

INVOCATION AND PLEDGE OF ALLEGIANCE
David Okonkwo led the Invocation and Jennifer Tang from Bing Wong Elementary School led the Pledge of Allegiance to the Flag.

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CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported a correction to the Closed Session agenda. An announcement was made prior to convening to Closed Session that items “C” and “D” of the agenda would be continued. However, Item “C” was discussed. Item “D” was continued to a future date. There was no reportable action from Closed Session.

PRESENTATIONS

1. Assemblymember James Ramos (D-San Bernardino) Check Presentation: $5 Million to the City of San Bernardino to Develop a New 12.5 Acre Park, Community Garden, Emergency Shelter, and/or a Permanent Supportive Housing Facility for Homeless Individuals (Ward 1)
Assemblymember James Ramos (District 45) presented the check to the Mayor and City Council.

2. Inland Empire 66ers Annual Report & Update
Assistant City Manager Edelia Eveland announced that this item would be continued to a future meeting.

3. October 2023 Citizen of the Month- Pastor Martin Martinez, Cornerstone Assemblies of God (3rd Ward)
Councilmember Juan Figueroa presented a certificate for Citizen of the Month to Pastor Martin Martinez.

4. October 2023 Citizen of the Month- Bertha Parra (3rd Ward) Councilmember Juan Figueroa presented a certificate for Citizen of the Month to Bertha Parra.

5. Proclamation for Breast Cancer Awareness Month in the City of San Bernardino - October 2023 (All Wards)
Mayor Pro Tem Shorett presented the proclamation to Jill Eaton and Pamela Montana of the Susan G. Komen Foundation.

6. City of San Bernardino Youth Civic Engagement Council Members Assistant City Manager Edelia Eveland announced that this item would be continued to a future meeting.

7. Clean-up Efforts Update Presentation
Acting Public Works Director Ernesto Salinas provided a presentation.

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Mayor and City Council of the City of San Bernardino Page 4 At this time, Mayor Pro Tem Shorett announced that the agenda would be reordered. Item No. 16 would be heard first, to allow Mayor Tran to participate remotely from Washington, D.C. However, the consensus of the City Council was to hear the Presentations first.

Public Comments for this item were heard prior to the discussion.

PUBLIC COMMENTS FOR ITEM No. 16
Al Palazzo stated that he hopes the new City Manager will be willing to work with volunteers and be familiar with the history of the City and the County.

Luis Ojeda expressed that the new City Manager should be given a chance to try their best.

Sharon Johnson thanked Interim City Manager McNeely for his service with the City.

Ivan Garcia said that he hopes that the Mayor and City Council make the right decision, and the new City Manager turns the City around.

The following individuals spoke in opposition to Item No. 16:

Rikke Van Johnson John Shollenberger Dolores Armstead
Treasure Ortiz Carolyn Tillman Cheryl Brown
Hardy Brown Tim Prince Chache Wright
Amy Malone Tim Dorame Anonymous (via Zoom)
Christian Shaughnessy informed that the most important vote is not for the City Manager recruitment, but for the Primary Election on March 5, 2024.

Linda Magallanes spoke in Spanish with an interpreter. She expressed that the City needs an ethical city manager. She also advised that the Latino community needs more support from the City Manager, Mayor, and City Council.

At the conclusion of these public comments, Mayor Pro Tem Shorett introduced Mr. Charles Montoya, and asked him if he would like to respond.

Mr. Montoya stated that he has given his heart and soul to every job he has had. He has never committed a crime or been indicted. He has been doing this job for 30 years, and he is honest and decent.

DISCUSSION

16. Employment Agreement for the Position of City Manager Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the Mayor to execute an employment agreement for the position of City Manager with Charles A. Montoya to commence on October 30, 2023.

Human Resources Director Susie Soren presented a staff report.

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Mayor and City Council of the City of San Bernardino Page 5 Mayor Tran commented that the City Manager process was extensive, and Mr. Montoya has a commitment to public service. She expressed her gratitude to the City Council and staff for their commitment to this process, and to Interim City Manager McNeely for his efforts.

There was discussion amongst the City Council regarding Mr. Montoya’s background and qualifications, the public comments, and the Council’s duty to the community.

Council Member Calvin made a motion to restart the City Manager recruitment process or keep Interim City Manager Charles McNeely for three additional months until the City is in a better position and a new candidate is found. The motion was seconded by Council Member Reynoso.

There was a substitute motion by Council Member Sanchez to approve staff’s recommendation, with a second by Mayor Pro Tem Shorett.

RESULT: APPROVED STAFF’S RECOMMENDATION [5-3]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Mayor Tran
NOES: Ben Reynoso, Kimberly Calvin, Damon Alexander
At the conclusion of Item No. 16, Mayor Pro Tem Shorett moved on to the Public Hearing, Item No. 22, so it would be heard at its published time.

PUBLIC HEARING

22. Pathways to Removing Obstacles to Housing (PRO Housing) Grant Application Recommendation:

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

1. Conduct a Public Hearing to obtain citizens’ comments on the draft Pathways to Removing Obstacles to Housing (PRO Housing) grant application to the Department of Housing and Urban Development (HUD); and

2. Authorize the City Manager, or designee, to take necessary steps to effectuate the submittal of the proposed Pathways to Removing Obstacles to Housing (PRO Housing) grant application, and related documents, to the Department of Housing and Urban Development (HUD).

Mayor Pro Tem Shorett opened the public hearing at 9:16 p.m.

A presentation was provided by Deputy Director of Housing, Cassandra Searcy.

The public hearing was closed at 9:20 p.m.

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Mayor and City Council of the City of San Bernardino Page 6 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Kimberly Calvin, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander At this time, regular Public Comments for the remaining items were heard.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Frank Montes spoke about a recent award ceremony for Latino business owners.

Mike Hartley commented that he is frustrated with Code Enforcement violations happening in the City.

Malibu spoke about the City Council’s dress code and behavior, and commended Lydie Gutfeld and Chief Goodman for their work.

Georgia Lykouretzos expressed concern for the animal shelter overcrowding and strain on volunteers.

Robert Porter invited the community to the upcoming Halloween and Dia De Los Muertos events.

Nohemi stated that she must move because she can no longer afford to live in San Bernardino.

At this time, one public comment was heard via Zoom:

The Anonymous speaker commented about other public commenters and stated that the Mayor and City Council lie to voters.

CITY MANAGER UPDATE
Jeff Kraus, Public Information Officer provided city wide updates. Highlights included the new Mobile Pet Clinic opening, the upcoming Dia De Los Muertos festival, and grants received for the homeless navigation center and the library.

Deputy Director of Housing Cassandra Searcy also provided an update on the homelessness projects, including motel vouchers.

Prior to the Consent Calendar being heard, Assistant City Manager Eveland announced that Item No. 11 was being moved to November 1, 2023 in order to allow staff to make updates to the agreement.

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

RESULT: APPROVED THE CONSENT CALENDAR. ITEM 11 WAS PULLED FROM CONSIDERATION BY STAFF. [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

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

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for August September 2023.

9. Investment Portfolio Report for June 2023 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for June 2023.

10. Strategic Initiatives – Approving Job Classifications and Amending the Salary Schedule
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2023157:

1. Establishing the Park Ranger Supervisor classification;

2. Establishing the Park Ranger classification;

3. Establishing the Ombudsperson classification;

4. Establishing the Legislative & Governmental Affairs Manager (U) classification;

5. Establishing the Deputy Director of Animal Services (U) classification;

6. Establishing the Veterinary Assistant classification;

7. Amending the salary for Deputy Director of Parks, Recreations and Community Services (U);

8. Amending the salary for Police Personnel & Training Technician; Packet Page. 264
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Mayor and City Council of the City of San Bernardino Page 8

9. Retitling the Agency Directors classifications; and

10.Amending the Citywide salary schedule for fulltime, parttime, temporary, and seasonal positions.

11. Execution of a fiveyear agreement between the County of San Bernardino and the City of San Bernardino for Police Department access to the County Radio Communication System (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Berardino, California, adopt Resolution No. 2023158 authorizing the City Manager to

1. Execute a fiveyear agreement between the City of San Bernardino and the County of San Bernardino, for Police Department access to the County’s digital radio communication system, and

2. Authorize the Director of Administrative Services to issue an annual purchase order to the County of San Bernardino for radio services, not to exceed $2,343,228 over the duration of the agreement.

THIS ITEM WAS MOVED TO THE NOVEMBER 1, 2023 MEETING TO ALLOW STAFF TO MAKE UPDATES TO THE AGREEMENT.

12. Construction Contract Award – Genevieve and Ralston Lighting Circuit Upgrades (Ward 7)
Recommendation:

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

1. Approve the award of a construction contract with Elecnor Belco Electric, Inc., in the amount of $2,045,193 for the construction of Genevieve and Ralston Lighting Circuit Upgrades (‘Project”); and

2. Authorize the project construction, construction contingencies and engineering and inspections costs in the total amount of $600,000 for construction for Genevieve and Ralston Lighting Circuit Upgrades (‘Project”); and

3. Authorize the Agency Director of Administrative Services to issue a purchase order in an amount not to exceed $2,645,193.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Damon Alexander, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander Packet Page. 265
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13. Agreement with Econolite for the Purchase of Traffic Signal Cabinets (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute a Goods Purchase Agreement with Econolite Control Products, Inc., for the purchase of traffic signal cabinets and related components; and

2. Authorize the Director of Administrative Services to issue a purchase order in the amount of $100,000; and

3. Authorize the City Manager or designee to extend the Goods Purchase Agreement with Econolite Control Products, Inc., for up to four additional one year terms for an amount not to exceed $100,000 annually.

14. Agreement with JTB Supply Co, Inc. for the Purchase of Traffic Intersection Signal Supplies (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute a Goods Purchase Agreement with JTB Supply Co., Inc., for the purchase of traffic signal supplies and related components; and

2. Authorize the Director of Administrative Services to issue a purchase order in the amount of $200,000; and

3. Authorize the City Manager or designee to extend the Goods Purchase Agreement with JTB Supply Co., Inc., for up to four additional oneyear terms for an amount not to exceed $200,000annually.

15. Amendment No. 1 to Agreement with Infrastructure Engineers, A Bowman Company (Wards 1, 2, 3, 6 & 7)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the extension of Amendment No. 1 Professional Services Agreement with Infrastructure Engineers, A Bowman Company, until October 18, 2024, for construction management and inspections services for the creation and installation of Advanced Dilemma Zone Detection system at 49 Packet Page. 266
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Mayor and City Council of the City of San Bernardino Page 10 signalized intersections on three corridors: Baseline Street, Mount Vernon Avenue, and Highland Avenue.

DISCUSSION
(Items No. 17-21 were discussed at this time; Item No. 16 was heard earlier in the meeting)

17. San Bernardino Regional Housing Trust Letter of Intent Recommendation:

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

1. Receive and file presentation from San Bernardino Council of Governments; and

2. Authorize the City to join the San Bernardino Regional Housing Trust by submitting a Letter of Intent to the San Bernardino Council of Governments.

Council Member Sanchez made a motion to continue the item to December 2023, and direct staff to complete a feasibility study with options for a Regional Housing Trust versus the City’s own housing trust. There was no support for the motion.

Council Member Calvin asked to hear staff’s presentation.

Deputy Director of Housing Searcy introduced Monique Arellano Chief of the San Bernardino County Council of Governments, who provided a presentation to the Mayor and City Council.

There was discussion amongst the City Council regarding the pros and cons of joining a Regional Housing Trust and what other options the City may have.

Council Member Sanchez reiterated and restated his previous motion.

RESULT: DIRECTED STAFF TO BRING BACK A REPORT ON NOVEMBER 1, 2023, TO ADVISE COUNCIL ON THE TIME IT WOULD TAKE

STAFF TO PROVIDE AN ANALYSIS ON THE OPTION FOR THE

CITY TO JOIN THE REGIONAL HOUSING TRUST THROUGH THE

SAN BERNARDINO COUNCIL OF GOVERNMENTS PROPOSED

JOINT POWER AUTHORITY AND THE OPTION FOR THE CITY TO
ESTABLISH ITS OWN HOUSING TRUST. [5-2]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander
NOES: Ben Reynoso, Kimberly Calvin
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18. Introduction of Ordinance No. MC1622: Floodplain Ordinance (FPO) (All Wards)
Recommendation:

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

MC1622: adopting a new Chapter 8.79 of the City of San Bernardino municipal code; adopting flood hazard maps; designating a floodplain administrator; and repealing Chapter 19.16 of the City of San Bernardino municipal code.

RESULT: INTRODUCED ORDINANCE NO. MC-1622 [7-0]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

19. Amendment No. 1 to Memorandum of Understanding for Temporary License between the City of San Bernardino and the San Bernardino City Unified School District, and Southern California Gas Company; and Approve a Task Order for Design Services for the Cross Street Bridge Emergency Replacement (Ward 2)
Recommendation:

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

1. Approve Amendment No. 1 to the Memorandum of Understanding (“MOU”) for the Temporary License between the City of San Bernardino and the San Bernardino City Unified School District and Southern California Gas Company (“SoCal Gas”) for use of property on Fairfax Elementary School; and

2. Authorize the Agency Director of Administrative Services to approve a task order for design services to the City’s oncall consultant, IMEG Consultants Corp., in the amount of $190,190 for the Cross Street Bridge Emergency Replacement project.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

20. Approving Amendment No. 2 to Cooperative Agreement No. 191002205 with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project (SS04019) (Wards 5,6) Recommendation:

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

1. Authorize the City Manager to execute Amendment No. 2 to Cooperative Agreement No. 191002205 with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project (SS04019); and
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2. Adopt Resolution No. 2023159 authorizing the Director of Administrative Services to amend the Interstate 215/University Parkway Interchange Project budget in the amount of $864,908 through the General Fund Balance.

RESULT: APPROVED STAFF’S RECOMMENDATION AND ADOPTED
RESOLUTION NO. 2023-159 [7-0]
MOVER: Ben Reynoso, Council Member, Ward 5
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

21. Professional Services Agreement with Redwood Private Security, LP, for Citywide Armed and Unarmed Security Guard Services (All Wards) Recommendation:

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

1. Authorize the City Manager or designee, to execute a Professional Services Agreement with Redwood Private Security, LP, for citywide armed and unarmed security guard services; and

2. Authorize the Director of Administrative Services to issue a purchase order to Redwood Private Security, LP, in the amount of $1,912,076.

RESULT: APPROVED [7-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS At this time, the Mayor and City Council provided updates to the community.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, October 18, 2023, at 11:00 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on November 1, 2023, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.

Telicia Lopez, CMC
City Clerk

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

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

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

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

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

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

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

AUTHORITY
WEDNESDAY, JUNE 3, 2026
4:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 4:31 PM by Mayor Helen Tran on Wednesday, June 3, 2026, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Late 4:35 p.m.

Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Late 4:35 p.m.

Kim Knaus Mayor Pro Tem, Ward 5 Present
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Eric Levitt City Manager Present
Albert Maldonado Deputy City Attorney Present
Telicia Lopez City Clerk Present
Perla Lopez Chief Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz
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Mayor and City Council of the City of San Bernardino Page 2 3:30 P.M.

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

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2):
i. Notice of Claim, Mandeville Modular, Inc., dated March 17, 2026, Claim No.

GHC0095108
5:00 P.M.

The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:07 PM by Mayor Helen Tran on Wednesday, June 3, 2026, at Feldheym Central Library, San Bernardino, CA.

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

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Dion Taylor from Cruz Chicon Foundation led the invocation, and Damian Delgado from Pacific High School led the Pledge of Allegiance to the Flag.

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

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PRESENTATIONS

1. Certificates of Recognition for Cajon High School Golf Team 2026 CIF Southern Section Division 7 Championship (Ward 5)
The Mayor and City Council presented the recognition to the Cajon High School Golf Team and coaches.

2. Recognition of California State University of San Bernardino Men’s Baseball 2025-26 CCAA Tournament Championship (All Wards)
The Mayor and City Council presented the recognition to the California State University, San Bernardino Men’s Baseball team and coaches.

3. Recognition of California State University of San Bernardino Men’s Golf 2025-26 NCAA Nationals (All Wards)
The Mayor and City Council presented the recognition to the California State University, San Bernardino Men’s Golf team and coaches.

4. Recognition of California State University of San Bernardino Women’s Volleyball 2025-26 CCAA Tournament Championship (All Wards)
The Mayor and City Council presented the recognition to the California State University, San Bernardino Women’s Volleyball team and coaches.

5. Proclamation for Pride Month in the City of San Bernardino – June 2026 (All Wards)
The Mayor and City Council presented the proclamation to the City of San Bernardino Parks, Recreation & Community Services Director, Vanessa Carder, and staff.

PUBLIC HEARING

6. Continuation of a Public Hearing from May 6, 2026 - Introduction of Ordinance No. MC-XXX Amending Various Sections of Title 15 of the San Bernardino Municipal Code Adopting the New (2025) Building Code (All Wards) (Staff is Requesting to Continue this Item to June 17, 2026, July 15, 2026)
Recommendation:

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

1. Hold a Public Hearing; and

2. Introduce and read by title only and waive further reading of Ordinance No. MC-xxx of the Mayor and City Council of the City of San Bernardino, California, adopting the new Municipal Code language and approve use of the new 2025 California Building Code and other minor changes to Chapter 15 of the San Bernardino Municipal Code; and

3. Schedule Ordinance No. MC-xxx for Adoption on July 15, 2026.

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Mayor and City Council of the City of San Bernardino Page 4 The public hearing was opened on May 6, 2026 and continued to June 3, 2026. At this time, staff is requesting the public hearing to be continued to July 15, 2026.

RESULT: CONTINUED THE PUBLIC HEARING TO JULY 15, 2026 [7-0] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

7. Introduce Ordinance No. MC-1664 - Specific Plan Amendment 23-01 and Subdivision 23-05 (Tentative Tract Map 20595) University Hills Specific Plan Recommendation:

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

1. Adopt Resolution 2026-042 approving Subdivision No. 23-05 (Tentative Tract Map No. 20595) to allow the subdivision of a 404.3-acre site into 327 single-family residential lots; and adopting the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) in compliance with the California Environmental Quality Act.

2. Introduce, read by title only, and waive further reading of Ordinance No.

MC-1664 of the Mayor and City Council of the City of San Bernardino, California (a)
Approving Specific Plan Amendment 23-01, amending the development standards and guidelines of the original development plan and reducing the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan (APNs: 0265-041-12, 0265-051- 12 and -13;
0265-061-16; 0265-011-06, -07, and -08; 0265-051-09; and 0265-021-13) (Attachment 5 and 6); and (b) dissolving Development Agreement No. 08- 02 (Attachment 1 and 6).

3. Schedule the adoption of Ordinance No. MC-1664 to the regularly scheduled meeting of the Mayor and City Council on June 17, 2026.

The public hearing was opened on May 6, 2026, at 6:16 p.m.

Senior Planner, Mike Rosales, presented to the Mayor and City Council.

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

Jane Hunt-Ruble expressed concerns about preserving foothill areas near California State University, San Bernardino, highlighting the importance of open space, natural habitat, and wildfire prevention.

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Mayor and City Council of the City of San Bernardino Page 5 Luke Berger, Crestline Soaring Society, expressed concerns about potential safety impacts of a housing project near the Andy Jackson Air Park. Requested additional collaboration to address concerns while supporting housing development.

Mayor Tran closed the public hearing at 5:45 p.m., reopened it at 5:57 p.m. for additional discussion between Luke Berger and the developer.

Council Members discussed and expressed concerns regarding development in fire and earthquake-prone areas, emphasizing the need for thoughtful planning, adequate infrastructure, and safe housing. They acknowledged the need for housing and requested confirmation that fire safety, access, and emergency response requirements were addressed.

Mayor Tran closed the public hearing at 6:34 p.m.

Mayor Pro-Tem Knaus invited the developers to join the Fifth Ward Community Meeting on June 15th before the City Council makes a decision on this project.

Council Member Ortiz made a motion to continue the Public Hearing to July 15, 2026.

The Motion was Seconded by Council Member Flores.

RESULT: CONTINUED THE PUBLIC HEARING TO JULY 15, 2026 [7-0] MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

8. AB 2561 Annual Vacancy Report (All Wards)
Recommendation:

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

1. Conduct a public hearing in accordance with AB 2561 (2024); and

2. Receive and file a report on the City of San Bernardino’s annual vacancy rate.

Mayor Tran opened the Public Hearing at 6:37 p.m.

Director of Human Resources and Risk Management, Andrea Russell, presented to the Mayor and City Council.

In accordance with AB 2561, Antoinette McDaniel from AFSCME Local 4710 San Bernardino Police Civilians Association and Stephanie Castro from San Bernardino Confidential & Management Association presented to the Mayor and City Council.

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Mayor and City Council of the City of San Bernardino Page 6 There was no public comment.

Mayor Tran closed the Public Hearing at 7:16 p.m.

RESULT: NO ACTION TAKEN; RECEIVED AND FILED

CITY MANAGER UPDATE
City Manager Eric Levitt provided the City Manager Update. Highlights included San Bernardino County opening its new communication center, the ceremony honoring those fallen heroes on Memorial Day, the safety improvement underway on Kendall Avenue, Code Enforcement working with the property owner on 21st Street to address ongoing health and safety issues, and the San Bernardino Public Library summer reading program starting June 6th through August 1st.

PUBLIC COMMENTS FOR ITEMS LISTED ON CONSENT CALENDAR
Irma Flores spoke on the Delegated Maintenance Agreement (DMA) pilot program, noting it remained in draft and unsigned by Caltrans, and requested that the JOPS be included as an appendix and that final approval be delayed pending Caltrans review and confirmation of the protocols.

Edwin Delgado, representing Supervisor Joe Baca Jr., reported county funding for Spiker Memorial Park $950,000 and La Plaza Park $1.3 million improvements and thanked the City for its partnership.

Dominic Gutierrez expressed concerns about the management of Shandin Hills Golf Course, alleging poor upkeep, declining programs, and a conflict of interest involving the management company.

Diego Rodarte supported the proposed driving range repairs and encouraged the City Council to develop a long-term plan to improve Shandin Hills Golf Course.

John Schollenberger thanked San Bernardino voters for participating in the election, encouraged continued civic engagement, and emphasized the importance of community leadership.

Ron Alvarado thanked residents for participating in the election and encouraged continued community engagement.

Dulce Becerra supported the proposed repairs to the Shandin Hills Golf Course driving range and encouraged continued investment in the facility to benefit the community and local youth.

Jose Mendez announced his election as the Disabled American Veterans California State Commander and encouraged the City to recognize and support veterans in the community.

Frank Becerra supported the proposed improvements to Shandin Hills Golf Course and encouraged continued investment in the facility.

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Mayor and City Council of the City of San Bernardino Page 7 Mike Hartley expressed concerns about homelessness in the City, encouraged action to address the issue, and emphasized the importance of proper golf course maintenance and etiquette.

Curtis Stout commented on the University Parkway project, reviewed its budget history, and encouraged the City Council to continue supporting the project as a key improvement for the Westside community and the City.

Omar Williams discussed proposed term limits for elected officials, encouraged consistency in voting positions, and urged the public to attend the upcoming City Charter meeting to provide input.

Tim Prince provided an update on the Charter Review Committee’s work and proposed potential amendments to the City Charter.

Debbie Kauffman expressed concerns regarding animal control response times and requested that shelter calls be recorded. Also urged the City to expand spay and neuter programs to address animal overpopulation.

Amy Malone thanked supporters from their mayoral campaign, expressed gratitude for the experience, congratulated the elected officials and other candidates, and affirmed a continued commitment to serving the City of San Bernardino.

Ms. Ashley Giliam expressed concerns about safety issues and deteriorated netting at Shandin Hills Golf Course and urged the City to address maintenance and improvement needs.

Jim Smith supported efforts related to the City Charter review, highlighted positive achievements in San Bernardino, and urged the preservation of local historical names and community landmarks.

Pamela Hall expressed concerns on behalf of animal shelter volunteers about restricted access to shelter buildings and requested that access be restored or modified to support animal adoption and reduce euthanasia rates.

Charlene Dixon discussed the University Parkway project, noting that it was previously funded but delayed due to utility issues, and urged the City Council to proceed with its completion as an important gateway improvement for the City.

Lydia Savala raised concerns about animal shelter operations and transparency, and another urged approval of University Parkway landscaping improvements.

Andy Fuentes congratulated the Mayor on reelection, emphasized the importance of public understanding of the City Charter, and encouraged voter engagement in future elections and advocating for new leadership.

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Mayor and City Council of the City of San Bernardino Page 8 Sharon Negrete expressed concern about animal overpopulation in the City and urged implementation of a citywide spay/neuter, along with increased resources to address the issue.

Kimberly Calvin provided comments on University Parkway Item 27, urged completion of landscaping improvements, and emphasized concerns about safety and maintenance in Ward 6.

Al Palazzo submitted recommendations on downtown revitalization, including housing and zoning reforms, and encouraged continued redevelopment efforts.

City Clerk Telicia Lopez advised that written comments were also received and would be available on the City’s website for public review.

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

Prior to hearing the Consent Calendar, the City Clerk announced that Item No. 10 was pulled for consideration and will be brought back on June 17, 2026.

RESULT: APPROVED THE CONSENT CALENDAR AND ITEM NOS. 11, 15, 21, AND 22 WERE PULLED FOR DISCUSSION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

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

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

1. April 10, 2023 Special Meeting Draft Minutes

2. August 3, 2023 Special Meeting Draft Minutes

3. April 1, 2026 Regular Meeting Draft Minutes

4. April 15, 2026 Regular Meeting Draft Minutes
RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
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Mayor and City Council of the City of San Bernardino Page 9

10. Adopt a Resolution Establishing a Disruption Policy in accordance with Senate Bill 707
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-057 approving a meeting disruption policy in accordance with Senate Bill 707 (SB 707).

RESULT: NO ACTION TAKEN; PULLED BY STAFF, WILL BE ON THE JUNE 17TH MEETING

11. Proposed Acquisition of the Smart Technology Building for $3,667,740.13 Located at 793 N. “E” Street, San Bernardino, California (Ward 1) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-058:

1. Approve the purchase of the Smart Technology Building located at 793 N. “E” Street, San Bernardino, California, for a purchase price not to exceed
$3,667,740.13, funded by the City’s General Fund; and

2. Authorizing the Director of Finance and Management Services, or designee, to amend the FY 2025/26 Operating Budget in the amount of $3,667,740.13 from the General Fund – Fund Balance to support the acquisition of the Smart Technology Building; and

3. Authorize the City Manager, or designee, to execute a Purchase and Sale Agreement and all related escrow and closing documents, in a form approved by the City Attorney, necessary to complete the acquisition; and

4. Authorize staff to proceed with all required due diligence activities, including but not limited to title review, ALTA/NSPS survey, environmental assessments, engineering and structural evaluations, code and ADA compliance review, and mechanical, electrical, plumbing, and fire/life safety assessments, and to take all actions reasonably necessary to complete the purchase in accordance with Council direction.

Council discussed the proposed acquisition of a building for a smart technology/Fusion Center, including purchase costs, due diligence, and limited grant funding for tenant improvements.

Council Member Ortiz made a motion to discuss a lease-to-own option with the superintendent's office and to continue the item to the July 15, 2026, Mayor and City Council meeting.

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Mayor and City Council of the City of San Bernardino Page 10 RESULT: DISCUSS A LEASE-TO-OWN OPTION WITH THE

SUPERINTENDENT'S OFFICE AND CONTINUE THE ITEM TO THE
JULY 15, 2026, MAYOR AND CITY COUNCIL MEETING [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

12. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 53, Tax Zone No. 53 (EV Charging Facility located north of Mill Street and west of E Street) (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2026-059:

1. Authorizing the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 53); and

2. Authorizing the levy of a Special Tax therein.

3. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget with an appropriation of $15,000 in both revenues and expenditures.

4. Set a Public Hearing for July 15, 2026.

RESULT: ADOPTED RESOLUTION NO. 2026-059 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

13. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 54, Tax Zone No. 54 (Quick Quack Car Wash located south of Highland Avenue and west of Del Rosa Avenue) (Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California, adopt Resolution No. 2026-060:

2. Authorizing the levy of a Special Tax therein; and

3. Authorizing the Director of Finance and Management Services to amend Packet Page. 279
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Mayor and City Council of the City of San Bernardino Page 11 the FY 2025/26 Operating Budget with an appropriation of $15,000 in both revenues and expenditures; and

4. Set a Public Hearing for July 15, 2026.

RESULT: ADOPTED RESOLUTION NO. 2026-060 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

14. Resolution Declaring Intent to Conduct Public Hearing to Order Street Vacation (15.30-441) of a Portion of an Alley Way South of West Rialto Avenue and West of South Muscott Street, and Reservation of Utilities Therein (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-061, declaring its intent to conduct a public hearing to order the vacation of a portion of an alley way south of West Rialto Avenue and west of South Muscott Street, and reservation of utilities therein.

RESULT: ADOPTED RESOLUTION NO. 2026-061 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

15. 2026 Fireworks Regulatory Fee Rate (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-062, setting the 2026 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino.

Council Member Ortiz commented on fireworks enforcement costs, noting that expenditures for overtime and response significantly exceed regulatory fee revenues.

She highlighted the need for stronger enforcement to offset costs and address illegal fireworks use.

RESULT: ADOPTED RESOLUTION NO. 2026-062 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
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Mayor and City Council of the City of San Bernardino Page 12

16. Annual Renewal of the City’s Risk Management Insurance Policies for FY 2026/27 (All Wards)
Recommendation:

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

1. Approve the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber
insurance; and

2. Authorize the City Manager or designee to execute all related documentation.

17. Adopt a Resolution Authorizing the Acceptance, Commitment, and Expenditure of FY 2025/26 Citizens’ Option for Public Safety (COPS) Funds in the Amount of $696,568.59. (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-063:

1. Accepting the FY 2025/26 Citizens’ Option for Public Safety (COPS) funds in the amount of $696,568.59; and

2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $696,568.59 in revenues and expenditures, and

3. Authorizing the Police Department to commit and expend the FY 2025/26 COPS funds.

RESULT: ADOPTED RESOLUTION NO. 2026-063 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
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Mayor and City Council of the City of San Bernardino Page 13

18. Approve and Execute Professional Service Agreement (PSA) with St.

John’s Community Health for $1,694,702 (All Wards)
Recommendation:

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

1. Authorize the City Manager to execute a Professional Services Agreement (PSA) and subsequent amendments with St. John’s Community Health, a community-based organization, to provide services relating to the BSCC Prop 47 Grant project; and

2. Authorize the Director of Finance and Management Services to issue a purchase order in an amount not to exceed $1,694,702 with St. John’s Community Health.

19. City of San Bernardino Police Department Annual Assembly 481 Military Equipment Usage Report (All Wards)
Recommendation:

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

1. Receive and file the Department’s annual military equipment use report; and

2. Approve the Department’s request to acquire additional lifesaving equipment in accordance with Assembly Bill 481.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
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Mayor and City Council of the City of San Bernardino Page 14

20. Approval of Agreement with National Auto Fleet Group for the Purchase of One Freightliner Asphalt Patch Truck in an amount Not to Exceed $449,740.78, Utilizing Sourcewell Contract No. 032824-NAF (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-064:

1. Approving a Cooperative Goods Purchase Agreement with National Auto Fleet Group for the purchase of one (1) 2027 Freightliner 114SD chassis equipped with a Bergkamp Electric Heating Pothole Patcher Body in the amount of $428,324.55, utilizing Sourcewell Contract No. 032824-NAF; and

2. Approving a contingency in the amount of $21,416.23 (5%), for a total authorized amount not to exceed $449,740.78, to accommodate potential increases in material, freight, and other supplier-driven costs, and authorize the City Manager or designee to execute amendments to the Cooperative Goods Purchase Agreement, if necessary, provided that the total contract amount does not exceed the authorized amount; and

3. Authorizing the City Manager or designee to execute the Cooperative Goods Purchase Agreement, any amendments thereto, and all related documents necessary to effectuate the purchase; and

4. Authorizing the Director of Finance and Management Services to issue a purchase order in an amount not to exceed $449,740.78, provided sufficient appropriations are available in the adopted budget and eligible funding sources.

RESULT: ADOPTED RESOLUTION NO. 2026-064 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
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Mayor and City Council of the City of San Bernardino Page 15

21. Approval of a State-Reimbursed Encampment Delegated Maintenance Agreement with Caltrans for Homeless Encampment Cleanup within State Right-of-Way (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-065:

1. Authorizing the City to enter into an Encampment Delegated Maintenance Agreement with the California Department of Transportation (Caltrans) for a one-year pilot program in an amount not to exceed $400,000, to perform encampment abatement, debris removal, and related services within State right-of-way; and

2. Authorizing the City Manager or designee to execute the Agreement and any necessary documents with Caltrans to implement the program.

Also authorizing the City Manager to amend the agreement as required by Caltrans and report back to City Council; and

3. Authorizing the Director of Finance and Management Services to appropriate $400,000 to the Operations and Maintenance budget, to be expended and subsequently reimbursed by the State subject to the terms of the Agreement.

City Manager Levitt and Deputy City Attorney Maldonado discussed a draft agreement with Caltrans related to Caltrans right-of-way, including the approval process, potential modifications, and coordination with other agencies.

Council considered whether to proceed with the draft or await further revisions and ultimately moved to approve the item with the understanding that significant changes would be brought back for Council review.

RESULT: ADOPTED RESOLUTION NO. 2026-065 [7-0]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

22. Approve a Vendor Services Agreement with West Coast Netting for Driving Range Repair services at the Shandin Hills Golf Course in an amount not to exceed $244,593 (Ward 5)
Recommendation:

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

1. Authorize the City Manager to execute a Vendor Services agreement with West Coast Netting for Driving Range Repair services at the Shandin Hills Golf Course in an amount not to exceed $244,593 and Packet Page. 284
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Mayor and City Council of the City of San Bernardino Page 16

2. Authorize an additional contingency budget of $31,903 for construction management and inspection services for a total project cost of $276,497; and

3. Authorize the City Manager to execute all necessary documents and expend the contingency budget as appropriate.

Mayor Pro-Tem Knaus raised serious concerns about safety hazards, deferred maintenance, and lack of oversight at Shandin Hills Golf Course. Including failing infrastructure and missing vendor reports. Requested stronger accountability, updated reporting, and confirmation that contract obligations are being met. Acknowledged some repairs but emphasized that major safety and management issues remain and need clearer, ongoing action from the city and vendor.

RESULT: APPROVED STAFF RECOMMENDATION [7-0]
MOVER: Kim Knaus, Mayor Pro-Tem, Ward 5
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

23. Approve Increase to the Contingency Budget in the Amount of $1,300,000 Increasing the Total Contingency Budget to $2,044,981 for the Speicher Park Ballfields Project. (Ward 2)
Recommendation:

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

1. Approve increase to the contingency budget for the Speicher Park Ballfields Project (Project) in the amount of $1,300,000 increasing the total contingency budget amount to $2,044,981; and

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

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
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Mayor and City Council of the City of San Bernardino Page 17

24. Award of Construction Agreement to Estate Design and Construction, Inc. for the Feldheym Library Makerspace Project in the amount of $238,800 and Contingency of $36,000 for a Total Amount of $274,800 (Ward 1) Recommendation:

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

1. Approve the award of a Construction Agreement with Estate Design and Construction, Inc., in the amount of $238,800 for the Feldheym Library Makerspace (Project); and

2. Authorize the construction contingencies, construction management, and administrative costs in the total amount of $36,000 for the Project, bringing the total Project budget to $274,800; and

3. Authorize the City Manager or designee to execute all documents with Estate Design and Construction, Inc.; and

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

25. Award of Cooperative Goods Purchasing Agreement with Public Restroom Company for the La Plaza Park Improvement Project in the amount of $327,742. (Ward 1)
Recommendation:

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

1. Approve the award of a Cooperative Goods Purchasing Agreement with Public Restroom Company for the Lytle Creek park and Community Center Renovations Project (Project) in the amount of $327,742; and

2. Authorize the City Manager or designee to execute all documents with Public Restroom Company.

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Mayor and City Council of the City of San Bernardino Page 18 RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Kim Knaus, Mayor Pro-Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
At this time, Mayor Tran asked for a motion to continue the meeting past 9:00 p.m., in accordance with Resolution No. 2024-029. Council Member Ortiz made the motion, and Council Member Flores seconded the motion.

RESULT: CONTINUE THE MEETING PAST 9:00 PM [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

DISCUSSION

26. 2026 Commercial Cannabis Regulatory Program Update (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the oral report on the Commercial Cannabis Regulatory Program.

There was a consensus amongst the Council Members to waive presentation from staff.

RESULT: NO ACTION TAKEN; RECEIVED AND FILED

27. Rejection of Construction Bids for the University Parkway Median Landscape Project and Approval an Alternate Landscape Design (Ward 6) Recommendation:

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

1. Adopt Resolution No 2026-066 rejecting construction bids for the University Parkway landscape Median project; and

2. Direct staff to proceed with rebidding the project using the existing, DWR approved design; or

3. Direct staff to conduct a new design process for the University Parkway landscaping project; or

4. Provide other directions as appropriate.

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Mayor and City Council of the City of San Bernardino Page 19 Director of Public Works, Lynn Merrill, presented to the Mayor and City Council.

There was a motion by Council Member Flores to adopt Resolution No. 2026-066 rejecting construction bids for the University Parkway landscape median project and directing staff to proceed with rebidding the project with options that evaluated both the approved landscape design and a more cost-effective alternative.

RESULT: ADOPTED RESOLUTION NO. 2026-066 REJECTING

CONSTRUCTION BIDS FOR THE UNIVERSITY PARKWAY

LANDSCAPE MEDIAN PROJECT AND DIRECT STAFF TO

PROCEED WITH REBIDDING THE PROJECT WITH OPTIONS

THAT EVALUATED BOTH THE APPROVED LANDSCAPE DESIGN
AND MORE COST-EFFECTIVE ALTERNATIVES. [7-0]
MOVER: Mario Flores, Council Member, Ward 6
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included Council Members and the Mayor thanked residents for voting and encouraged higher turnout in the upcoming general election. They also shared community updates, including local events, the library summer reading program, veterans resource fair, water safety day, pancake breakfast, school achievements, and plans for a Shandin Hills Golf Course initiative and ongoing city projects.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, June 3, 2026, at 9:41 p.m. The next joint special meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on June 8, 2026, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Open Session will begin at 5:00 p.m.

Telicia Lopez, CMC
City Clerk
Packet Page. 288
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes

FOR THE

SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL

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

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

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

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

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

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

AUTHORITY
MONDAY, JUNE 8, 2026
5:00 PM
The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:03 PM by Mayor Helen Tran on Monday, June 8, 2026, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Late 5:09 p.m.

Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Late 5:11 p.m.

Kim Knaus Mayor Pro-Tem, Ward 3 Present
Mario Flores Council Member, Ward 6 Late 5:49 p.m.

Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Eric Levitt City Manager Present
Albert Maldonado Deputy City Attorney Present
Telicia Lopez City Clerk Present
Perla Lopez Chief Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz
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Mayor and City Council of the City of San Bernardino Page 2 5:00 PM

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor BJ Sims from Kingdom Culture Worship Center led the invocation, and Mayor Pro-Tem Knaus led the Pledge of Allegiance to the Flag.

PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
Ron Alvarado urged the council to adopt a strategic plan with measurable goals, stronger accountability, neighborhood investment, and greater fiscal transparency.

Dolores Armstead expressed that the strategic plan and prior retreat lacked clear results and are too vague. She requested measurable goals, stronger oversight, audits, and better reporting on homelessness funding and city spending.

Christian Shaughnessy stated that public safety is a priority and that economic development supports corridor investment, business support, and a forensic audit to ensure transparency.

Robert Carrillo supported the city's strategic priorities and encouraged the use of housing and local development to strengthen the economy and revitalize neighborhoods.

Ashley Dial urged the city to enforce code violations, collect all revenue owed, and invest more in housing and tenant assistance programs.

Yvette Romero urged the city to adopt measurable goals that prioritize housing, quality of life, and accountability.

Theodore Trentman urged the city to maintain strong partnerships with animal rescue organizations and expressed concern over the banning of an animal transporter, calling for greater collaboration to improve animal welfare and rescue efforts.

Ruben Mendoza urged the city to prioritize housing and homelessness by implementing housing element goals, streamlining development, and updating policies to increase affordable housing and meet future housing needs.

Andy Fuentes thanked the council for holding the meeting at a convenient time and encouraged scheduling important future meetings in the evening to improve public participation.

Susan G Geier was banned from transporting animals after social media posts and called for protecting rescue partnerships and free speech.

Kimberly Calvin criticized repeated strategic plans without implementation and called for more accountability and follow-through on council decisions.

Al Palazzo argued the city’s mall plan is unrealistic and urged more community involvement and practical, implementable development.

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Mayor and City Council of the City of San Bernardino Page 3

DISCUSSION

1. Review and discuss the potential implementation of the City’s overall Goals and Priorities established at the Mayor and City Council Strategic Planning Session. (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review, discuss and establish the City’s overall Goals and Priorities established at the Mayor and City Council Strategic Planning Session with proposed objectives for City Council consideration.

City Manager Eric Levitt and Deputy City Manager Tanya Romo presented to the Mayor and City Council.

Council Members discussed implementation of the strategic plan, requesting improved tracking systems, dashboards, and regular progress updates. They also expressed concerns that past plans were not fully implemented and called for stronger audits, reporting, and staffing capacity to support execution.

Council discussed economic development efforts, including streamlining permitting, improving coordination between departments, reducing delays affecting businesses and downtown redevelopment, expanding workforce development partnerships, and aligning legislative and grant opportunities. Staff responded that certain processes required legal compliance and outside expertise.

There was discussion on the “one-stop shop” permitting concept, with general agreement that success depends more on coordination and accountability than physical consolidation.

Council raised concerns about the CRM system, specifically that service requests may be marked resolved without full resolution and requested improved tracking and accountability.

Updates were provided on the general plan, downtown specific plan, and zoning updates, with anticipated Planning Commission review in September and Council action in October.

A long-standing downtown housing project was discussed and noted as stalled but still part of planning frameworks.

Additional concerns included basic service delivery issues such as street sweeping and signage. As well as calls for stronger organizational capacity within the City Manager’s office and improved cross-department coordination.

The Council and Mayor emphasized improving public communication, city branding, and transparency through regular progress reporting, dashboards, and clearer timelines, stressing urgency and accountability in implementing city priorities.

No action was taken by the Mayor and City Council.

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Mayor and City Council of the City of San Bernardino Page 4

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Monday, June 8, 2026, at 7:08 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, June 17, 2026, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m., and Open Session will begin at 5:00 p.m.

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

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

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

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

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

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

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

AUTHORITY
WEDNESDAY, JUNE 17, 2026
3:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 3:31 PM by Mayor Helen Tran on Wednesday, June 17, 2026, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Late 3:32 P.M.

Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Mayor Pro Tem, Ward 5 Late 3:48 P.M.

Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Eric Levitt City Manager Present
Albert Maldonado Deputy City Attorney Present
Telicia Lopez City Clerk Present
Vanessa Alvarado Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz
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Mayor and City Council of the City of San Bernardino Page 2 3:30 P.M.

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

Deputy City Attorney Albert Maldonado reported that Item C - Anticipated LitigationSignificant Exposure to Litigation on the Closed Session agenda; he stated that the City had received a settlement demand letter from OpenGov regarding an ongoing dispute with the City and that the matter would be discussed in Closed Session. He further noted that a copy of the letter was available for public review.

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(1): 1 Item
B. CONFERENCE WITH LEGAL COUNSEL – Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(3): 1 Item
C. CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation – Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2) and (e)(3):
i.) Notice of Claim, Mandeville Modular, Inc., dated March 17, 2026, Claim No. GHC0095108
5:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:07 PM by Mayor Helen Tran on Wednesday, June 17, 2026, at Feldheym Central Library, San Bernardino, CA.

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Mayor Pro-Tem, Ward 5 Present
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Eric Levitt City Manager Present
Albert Maldonado Deputy City Attorney Present
Telicia Lopez City Clerk Present
Vanessa Alvarado Deputy City Clerk Present
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INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Brian S. Symonds from First Presbyterian Church led the invocation, and Councilmember Theodore Sanchez led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
Deputy City Attorney Albert Maldonado reported that Item B on the Closed Session agenda concerned anticipated litigation involving significant exposure to litigation. He stated that, following a recent meeting of the City’s Charter Review Committee, he had prepared a memorandum providing legal opinions on six proposed Charter amendments, which had been prepared under the attorney-client privilege. He further reported that the City Council discussed whether to waive the privilege and unanimously voted to waive the privilege for all portions of the memorandum except one section. He noted that the portions of the memorandum for which privilege had been waived, including the sections pertaining to three of the six proposed amendments that were the focus of the Charter Review Committee’s discussion, would be made available for public review.

PRESENTATIONS

1. Proclamation for Juneteenth Independence Day in the City of San Bernardino - June 19, 2026 (All Wards)
The Mayor and City Council presented the recognition to Ernie Burries with Inspired Fervor Inc., & Omega Psi Phi & Willie Williams with 100 Black Men.

There was a consensus among the Mayor and City Council Members to reorder the agenda to conduct business items prior to the public hearing.

CONSENT CALENDAR
Items on the Consent Calendar are Considered Routine and are Voted on in a Single Motion Unless the Mayor and City Council or a Staff Member has Pulled the Item for More Discussion.

At this time, staff requested to amend the agenda and move Item No. 15 Community Facilities District No. 2022-2 (Palm) 2026 Special Tax Bonds (Ward 4) from consent calendar to discussion. Mayor Tran requested a motion.

RESULT: MOVED ITEM NO.15 COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) 2026 SPECIAL TAX BONDS (WARD 4) FROM
CONSENT CALENDAR TO DISCUSSION [7-0]
MOVER: Juan Figueroa, Council Member, Ward 3
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

PUBLIC COMMENTS FOR ITEMS ON CONSENT CALENDAR
Eddie Ramos urged the City Council to vote against Item No. 8, stating that the funds should remain within the City.

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Mayor and City Council of the City of San Bernardino Page 4 City Manager Levitt requested that Item No. 9, Contract Amendment and Project Status Update for the Accela Land Management Services Project in the amount of $338,333.33 (All Wards), be pulled from the agenda.

Council Member Juan Figueroa announced that he would recuse himself from consideration of Item No. 16 due to a conflict of interest, as the agreement involved one of his employers. Mayor Tran disclosed for the record that, pursuant to the Levine Act, she had received campaign contributions related to Item No. 29.

RESULT: APPROVED THE CONSENT CALENDAR AND ITEM NO. 8,13 AND 21 WERE PULLED FOR FURTHER DISCUSSION, ITEM NO. 9 WAS
REMOVED FROM THE CONSENT CALENDAR, AND ITEM NO. 15

WAS MOVED FROM THE CONSENT CALENDAR TO
DISCUSSION. [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

7. Notice and Call of the General Municipal Election Run-Off Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions to conduct the General Municipal Run-Off Election on Tuesday, November 3, 2026:

1. Adopt Resolution No. 2026-074 calling for the holding of a General Municipal Run-Off Election to be held on Tuesday, November 3, 2026, for the election of certain officers as required by the provisions of the San Bernardino City Charter;

2. Adopt Resolution No.2026-075 requesting the Board of Supervisors of the County of San Bernardino to consolidate a General Municipal Run-Off Election to be held on Tuesday, November 3, 2026, with the Statewide General Election to be held on the same date pursuant to section 10403 of the Elections Code;

3. Adopt Resolution No. 2026-076 adopting regulations for Candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 3, 2026.

RESULT: ADOPTED RESOLUTION NO’S. 2026-074, 2026-075, AND 2026-076 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
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8. Adoption of Ordinance No. MC-1661 Banning Short-Term Rentals (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1661 amending Section 19.02.050 (Basic Provisions – Definitions) and Chapter 19.04 (Residential Zones) of the City of San Bernardino Development Code banning short-term and vacation rentals in the City of San Bernardino.

At this time public comments were heard.

Guadalupe Ortega spoke in opposition to the proposed short-term rental ordinance, sharing her perspective as an Airbnb host.

Arnulfo Nuno Jr. expressed support for responsible short-term rentals, stating that local hosts enforce strict rules, maintain their properties, and provide housing for families, traveling professionals, and displaced residents. He urged the Council to adopt a balanced approach that protects neighborhoods while preserving property rights and generating transient occupancy tax revenue to support City services.

Edgar expressed opposition to the proposed short-term rental ordinance and urged the Council not to adopt it.

Diane Adalane stated that most hosts are local homeowners rather than corporations and explained that the income from short-term rentals helps support her family.

Arvin Santor stated that regulated short-term rentals generate transient occupancy tax revenue for the City and asserted that approximately 95% of short-term rental operators act responsibly.

Council directed staff to return with an ordinance regulating short-term rentals for consideration at the first regular meeting in September.

Councilmembers requested that staff provide additional information regarding fire hazard zone boundaries, the rationale for any geographic restrictions, enforcement and staffing resources, complaint and registration data, and other information necessary to support an informed decision.

RESULT: APPROVED MOTION TO DENY ORDINANCE NO. MC-1661,
AMENDING SECTION 19.02.050 (BASIC PROVISIONS
DEFINITIONS) AND CHAPTER 19.04 (RESIDENTIAL ZONES) OF

THE CITY OF SAN BERNARDINO DEVELOPMENT CODE TO

PROHIBIT SHORT-TERM AND VACATION RENTALS WITHIN THE
CITY OF SAN BERNARDINO. [4-3]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Kim Knaus, Mayor Pro Tem, Ward 5
AYES: Sanchez, Ibarra, Knaus, Flores
NOES: Juan Figueroa, Fred Shorett, Treasure Ortiz
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Mayor and City Council of the City of San Bernardino Page 6 Following the vote, a separate motion was made and seconded to direct staff to come back with the regulating apparatus at the first regular City Council meeting in September.

RESULT: DIRECTED STAFF TO COME BACK WITH THE REGULATING

APPARATUS AT THE FIRST REGULAR CITY COUNCIL MEETING
IN SEPTEMBER [6-1]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Sandra Ibarra, Council Member, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Knaus, Flores, Ortiz
NOES: Fred Shorett

9. Contract Amendment and Project Status Update for the Accela Land Management Services Project in the Amount of $338,333.33 (All Wards) Recommendation:

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

1. Approve the following services for the Land Management Project:
a. A Managed Services agreement for Tier 2/3 Accela support for a period of 18 months in an amount not to exceed $180,000; and b. An Accela OpenCounter subscription for a period of 18 months in an amount not to exceed $158,333.33; for a combined not-to-exceed amount of $338,333.33 Approval is subject to confirmation of the correct contracting party for Managed Services, since the attached scope references TruePoint Managed Services and not simply an amendment to the original Gray Quarter implementation agreement; and

2. Authorize the City Manager, or designee, to sign the agreements, make ministerial revisions and any subsequent amendments to the scope of work without increasing the contract award amount, subject to the review and approval by the City Attorney as to form.

RESULT: NO ACTION TAKEN; REMOVED FROM CONSIDERATION BY
STAFF.

10. Approve Disposition and Development Agreement (DDA) with Montebello Housing Development Corporation (MHDC) for the Development of Two Affordable Housing units at 1715 N. Arrowhead Avenue (Ward 2) Recommendation:

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

1. Adopt Resolution no. 2026-077 approving the Disposition and Development Agreement (DDA) between the City of San Bernardino and Montebello Housing Development Corporation (MHDC), a nonprofit Packet Page. 298
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Mayor and City Council of the City of San Bernardino Page 7 affordable housing developer, for the development of approximately 0.15 acres of city-owned surplus land, identified as site 6 for affordable housing; and

2. Authorize the City Manager or designee to execute the DDA, along with any subsequent amendments, extensions, and other necessary documents to complete the transaction.

RESULT: ADOPTED RESOLUTION NO. 2026-077 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

11. Irrevocable Agreement to Annex No. 2026-389 to Provide City Sewer Services (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-078, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 3507 Duffy Street, San Bernardino, California, within the unincorporated community of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

RESULT: ADOPTED RESOLUTION NO. 2026-078 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

12. Investment Portfolio Report for March 2026 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for March 2026.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
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13. Approval of Amendment No. 2 to the Professional Services Agreement with Hinderliter, De Llamas & Associates for Sales and Use Tax Audit and Recovery Services; Authorization of Fiscal Year 2025/26 Budget Amendment; and Related Fiscal Actions (All Wards)
Recommendation:

1. Adopt Resolution No. 2026-079 approving Amendment No. 2 to the Professional Services Agreement (“PSA”) with Hinderliter, De Llamas & Associates (“HdL”) for sales and use tax audit and recovery services, clarifying the compensation structure to distinguish fixed base service fees subject to the not-to-exceed (“NTE”) limitation from contingency-based audit recovery fees and related budget amendments; and

2. Authorize the City Manager to execute Amendment No. 2 and any related documents necessary to effectuate its terms.

Councilmember Ortiz asked whether the agreement included services related to property tax. City Manager Levitt clarified that the agreement was limited to enhanced sales tax services and stated staff would explore a separate, smaller contract for property tax services under his administrative authority.

RESULT: ADOPTED RESOLUTION NO. 2026-079 AND APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

14. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for March 2026 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll register and purchasing card transactions for March 2026.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
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15. Community Facilities District No. 2022-2 (Palm) 2026 Special Tax Bonds (Ward 4)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-080,

1. Authorizing the issuance of, not to exceed $3,200,000 aggregate principal amount of Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino 2026 Special Tax Bonds; and

2. Approving a form of Preliminary Official Statement, a form of the Fiscal Agent Agreement, a form of Bond Purchase Agreement, and a form of Continuing Disclosure Agreement, which is attached to the Preliminary Official Statement as Appendix E; and

3. Making certain determinations relating thereto; and

4. Authorizing certain other actions in connection there with.

RESULT: NO ACTION TAKEN; ITEM REMOVED FROM CONSENT

CALENDAR AND MOVED TO DISCUSSION

16. Agreement with Loma Linda University Occupational Medicine Center for Pre-Employment Medical Screening Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a professional services agreement with Loma Linda University Occupational Medicine Center (LLU) for Pre-Employment Medical Screening Services.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
RESCUSED: Juan Figueroa

17.Approving Job Classifications and Amending the City-wide Salary Schedule (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-081:

1. Establishing the Housing Case Manager job classification; and

2. Establishing the Housing Navigator job classification; and

3. Establishing the Crime Analyst Supervisor job classification; and

4. Establishing the Code Enforcement Supervisor job classification; and

5. Authorizing the City Manager or their designee to add three (3) grant funded FTE to the Community Development & Housing Department for Fiscal Year 2026/27; and

6. Amending the City-Wide Salary Schedule for full-time, part-time, Packet Page. 301
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RESULT: ADOPTED RESOLUTION NO. 2026-081 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

18. Side Letter Agreement with SBPOA Regarding Assistant Watch Commander Pay (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-082, approving a Side Letter Agreement to the 2020-2025 Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), adding Article III - Compensation, Section 10: Assistant Watch Commander Pay.

RESULT: ADOPTED RESOLUTION NO. 2026-082 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

19. Approve the Results of RFP F-26-1048 for Citywide Wide Area Network (WAN) and Managed Fiber Services and Authorize an Amendment and Service Order with Spectrum for a 60-month term not to exceed $275,000 annually (All Wards)
Recommendation:

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

1. Approve the Results of RFP F-26-1048 and authorize the City Manager to execute amendment No. 1 to the service agreement authorized by Resolution No. 2022-44; and

2. Execute an associated 60-month service order with Charter Communications Operating, LLC (Spectrum Business) to expand network services for City departments and establish room for bandwidth expansion in an annual amount not to exceed $275,000.

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MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

20. Approve a Professional Services Agreement with Data Ticket, Inc. for Parking Citation Processing Services for a Term Beginning July 1, 2026, through June 30, 2030 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-083 authorizing the City Manager to execute a Professional Services Agreement with Data Ticket, Inc. for parking citation processing services beginning July 1, 2026, through June 30, 2030.

RESULT: ADOPTED RESOLUTION NO. 2026-083 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

21. First Amendment to the Inland Center Mall Substation Lease Agreement (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the First Amendment to the Inland Center Mall Substation Lease Agreement extending the lease to January 2032 under the same terms and conditions.

Councilmember Ortiz expressed support for extending the police substation agreement for another five years and asked whether additional substations were being considered for the north end of the city. The City Manager stated there had been no discussions in his office but would have the Police Department provide an update at a future meeting.

RESULT: APPROVED STAFF’S RECOMMENDATION [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Kim Knaus, Mayor Pro Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

22. Accepting the Baseline Street Safe Streets and Roads for All (SS4A) Safety Study Report (Wards 1,2, 6)
Recommendation:

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Mayor and City Council of the City of San Bernardino Page 12 It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-084 of the Mayor and City Council of the City of San Bernardino, California, accepting the Baseline Street Safe Streets and Roads for All (SS4A) Safety Study Report and authorizing staff to utilize the study findings and recommendations in support of future transportation safety improvement projects and grant funding applications.

RESULT: ADOPTED RESOLUTION NO. 2026-084 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

23. Award Design Services Agreement for the California Theatre Parking Structure (3-Level) Rehabilitation Project to IDS Group, Inc. in the amount of $114,980 and a Contingency of $10,020 for a Total Amount of $125,000 (Ward 1)
Recommendation:

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

1. Approve the award of a Design Services Agreement with IDS Group, Inc. in the amount of $114,980 for the California Theatre Parking Structure (3-Level) Rehabilitation Project; and

2. Authorize a contingency amount of $10,020, bringing the total project budget to $125,000; and

3. Authorize the City Manager or designee to execute all documents with IDS Group, Inc.; and

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

24. Award of Construction Agreement to Leonida Builders, Inc. for Storm Drain Improvements at W Hill Drive in the amount of $495,350.00 and Contingency of $74,000.00 for a Total Amount of $569,350.00 (Ward 4) Recommendation:

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

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1. Approve the award of a Construction Agreement with Leonida Builders, Inc., in the amount of $495,350.00 for the Storm Drain Improvements at W Hill Drive (Project); and

2. Authorize the construction contingencies, construction management, and administrative costs in the total amount of $74,000.00 for the Project, bringing the total Project budget to $569,350.00; and

3. Authorize the City Manager or designee to execute all documents with Leonida Builders, Inc.; and

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

25. Award of Construction Agreement to Matich Corporation, for the Pavement Rehabilitation at Six Major Locations in the amount of $9,121,210.00 (Project No. 13682) (Wards 1,2,3,5,6,7)
Recommendation:

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

1. Approve the award of the Construction Agreement with Matich Corporation, in the amount of $9,121,210.00 for the Pavement Rehabilitation at Major Arterial Entrances (Project); and

2. Authorize the Project construction, construction contingencies, construction management, staff administrative costs, and independent soil and pavement testing, in the total amount of $1,378,790 for construction of the Project; and

3. Adopt Resolution No. 2026-085 authorizing the Director of Finance and Management Services to amend the FY 2025/26 Capital Improvement Plan (CIP) budget by appropriating an additional $2,529,665.28 in SB 1 (RMRA Gas Tax) funds and $500,000.00 in Gas Tax funds from ADA ramp improvements and amend the FY 2025/26 revenue and expenditure budget by appropriating $117,583.82 from the In-Lieu Fee Account for the Project; and

4. Authorize the City Manager or designee to execute all documents with Matich Corporation; and

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

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RESOLUTION NO. 2026-085 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

26. Award of Professional Services Agreement to EnviroCare Consulting, Inc. for Woolworth Building Phased Environmental Services in a Not-toExceed Amount of $42,749, and Award of Construction Agreement to Resource Environmental, Inc. for Woolworth Building Fire Damage Debris Removal in the Amount of $272,000 and Contingency of $150,000 for a Total Amount of $464,749 (Ward 1)
Recommendation:

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

1. Approve the award of a Professional Services Agreement and authorize the City Manager or designee to execute an agreement with EnviroCare Consulting, Inc. in a not-to-exceed amount of $42,749 for phased environmental assessment, monitoring, and clearance services for the Woolworth Building; and

2. Approve the award of a Construction Agreement and authorize the City Manager or designee to execute an agreement with Resource Environmental, Inc. in the amount of $272,000 for Woolworth Building fire damage debris removal (interior demolition/cleaning); and

3. Authorize construction contingency in an amount of $150,000 for unforeseen conditions related to the Woolworth Building fire damage debris removal project, bringing the total debris removal amount to
$422,000; and

4. Adopt Resolution No. 2026-086 authorizing the Director of Finance and Management Services to amend the FY 2025/26 budget to establish the Woolworth Building fire damage
cleanup and environmental services project and appropriate $464,749 from Measure S funds for the project, as the project is not currently included in the Capital Improvement Program (CIP).

RESULT: APPROVED STAFF’S RECOMMENDATION AND ADOPTED
RESOLUTION NO. 2026-086 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
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27. Request to Increase Payment Authorization for the Enterprise Fleet Master Equity Lease Agreement for Fiscal Year 2025-2026 and Establish Future Fiscal Years Payment Authorization Contingency (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-087,

1. Authorizing the Director of Finance and Management Services to approve an increase to the Fiscal Year 2025-2026 payment authorization for the Enterprise Fleet Master Equity Lease Agreement in the amount of
$464,389.21, increasing the total authorized amount to $2,393,517.73, for delayed down payment obligations and ongoing lease payments; and

2. Beginning in FY 2026-27, authorize a contingency of up to 5% within the Council-approved payment authorization for Enterprise Leaserelated charges, subject to available budget, purchasing requirements, City Manager and Finance review.

RESULT: ADOPTED RESOLUTION NO. 2026-087 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

28. Resolution Approving of Cooperative Agreement No. 25-1003340 between the City of San Bernardino and the San Bernardino County Transportation Authority (SBCTA) for the Project Report and Environmental Document, Plans, Specifications and Estimates (PS&E), and Right-of-Way (ROW) Acquisition, and SBCTA Project Management for the Del Rosa Avenue / State Route 210 Interchange Improvements Project (Wards 2,7) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2026-088;

1. Approving Cooperative Agreement No. 25-1003340 between the City of San Bernardino and the San Bernardino County Transportation Authority (SBCTA) for the Project Report and Environmental Document, Plans, Specifications and Estimates (PS&E), and Rightof-Way (ROW) Acquisition, and SBCTA Project Management for the Del Rosa Avenue / SR-210 interchange; and

2. Authorizing the Director of Finance and Management Services to record a budget adjustment in Measure I Fund 129 in the amount of $1,277,600 for FY 27/28 for Project Report and Environmental Document, Plans, Specifications and Estimates (PS&E), and RightPacket Page. 307 Regular Meeting Draft Minutes June 17, 2026
Mayor and City Council of the City of San Bernardino Page 16 of-Way (ROW) Acquisition, and SBCTA Project Management; and

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

RESULT: ADOPTED RESOLUTION NO. 2026-088 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

29. Resolution Declaring Intent to Conduct a Public Hearing on August 19, 2026, to Consider Adjusting the Maximum Permitted Service Rates for Solid Waste, Recycling, Organic Waste Collection, Processing, and Disposal Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-089, declaring its intention to conduct a public hearing on August 19, 2026, to consider adjusting the maximum permitted service rates for solid waste, recycling, organic waste collection, processing, and disposal services.

RESULT: ADOPTED RESOLUTION NO. 2026-089 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

30. Resolutions Adopting List of Projects under SB1 2026/2027 Road Maintenance Program, Recording Supplemental Appropriations in the amount of $6,260,418.00 (All Wards)
Recommendation:

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

1. Resolution No. 2026-090 approving the Road Maintenance and Rehabilitation proposed project list for submittal to the California Transportation Commission and adopting a list of projects for Fiscal Year 2026/27 to be funded by Senate Bill 1: Road Repair and Accountability Act of 2017; and

2. Resolution No. 2026-091 authorizing the Director of Finance and Management Services to amend the FY 2026/27 Capital Improvement Plan Revenue budget to allocate $6,260,418 in SB1 funding to the Pavement Rehabilitation for 36 Centerline Miles in the City of San Bernardino – Phase I (Project No. 13685) project.

Packet Page. 308
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Mayor and City Council of the City of San Bernardino Page 17 RESULT: ADOPTED RESOLUTION NO’S. 2026-090 AND 2026-091 [7-0] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

31. Revised Five-Year Capital Improvement Plan FY 2025/26 to FY 2029/30 for Measure I Local Street Program Expenditures (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2026-092 approving the Revised Measure I FiveYear Capital Improvement Plan for Fiscal Year 2025/26 through Fiscal Year 2029/30 (MICIP) and Measure I Expenditure Strategy.

RESULT: ADOPTED RESOLUTION NO. 2026-092 [7-0]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

PUBLIC HEARING

2. Adopt Fiscal Year 2026-27 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant Programs (All Wards)
Recommendation:

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

1. Approve and adopt the Fiscal Year 2026-2027 Annual Action Plan for the Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant Programs inclusive of all incorporated changes resulting from the public hearing process; and

2. Adopt Resolution No. 2026-067, authorizing the approval, acceptance, and allocation of the Fiscal Year 2026-2027 Annual Action Plan; and

3. Authorize the Director of Finance and Management Services to adjust the Fiscal Year 2026-2027 Budgeted revenues and expenditures, as necessary, to align with the allocations identified in the Fiscal Year 2026-27 Annual Action Plan; and

4. Approve the draft Community Development Block Grant (CDBG) and Emergency Solutions Grant (ESG) subrecipient agreements, to be utilized for Packet Page. 309
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Mayor and City Council of the City of San Bernardino Page 18 the award and administration of funds to eligible subrecipients consistent with the approved Action Plan, as to form, with authorization for modifications to the form as deemed necessary, subject to review and approval by the City Manager, or the City Manager’s designee, and the City Attorney; and

5. Authorize the City Manager, or the City Manager’s designee, to take any further actions and execute any further agreement or documents as necessary to effectuate the submittal and implementation of the Fiscal Year 2026-2027 Annual Action Plan and certification to the U.S. Department of Housing and Urban Development, and execute all agreements and subrecipient agreements for the use of funds approved in the FY 2026-27 Annual Action Plan.

Mayor Tran opened the Public Hearing at 5:57 p.m.

Housing Division Manager, Christian Rodriguez, presented to the Mayor and City Council the Fiscal Year 2026–2027 Annual Action Plan, outlining proposed allocations for Community Development Block Grant (CDBG), HOME Investment Partnerships, and Emergency Solutions Grant (ESG) funds, including affordable housing, homelessness services, public services, and park restroom improvements at Perris Hill Park, and recommended approval of the plan and related resolutions There was no public comment.

Mayor Tran closed the Public Hearing at 6:09 p.m.

Questions were raised by council about incorporating restroom features such as automatic door timers and self-sanitizing systems to improve safety, reduce vandalism, and lower long-term maintenance costs. Staff agreed to evaluate those options and explained that affordable housing projects would be selected through a future competitive Notice of Funding Availability (NOFA), with priority given to shovel-ready developments.

Additional comments encouraged streamlining the permitting process for affordable housing developments and sought clarification on HOME funding eligibility. Staff explained that HOME funds would be awarded through a competitive NOFA for eligible housing activities, while existing home rehabilitation programs would continue using prior-year funding allocations.

RESULT: APPROVED STAFF’S RECOMMENDATION AND ADOPTED
RESOLUTION NO. 2026-067 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None
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Mayor and City Council of the City of San Bernardino Page 19

3. Quasi-Judicial Hearing - Appeal 26-09 Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 (McDonald’s) (Ward 2) Recommendation:

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

1. Adopt Resolution No. 2026-068 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 26-09, thereby upholding the Planning Commission’s denial of Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 and not allowing the request to consolidate six (6) parcels into one (1) parcel to facilitate the development, establishment, and operation of a 3,684 square-foot drive-thru restaurant (McDonald’s) on a parcel containing approximately 0.74 acres, located at 116 W. Baseline Street (APN:
0146-223-22, 23, 24, 25 & 26) within the Commercial General (CG-1) and TransitOverlay District (TOD) zone (Attachment 1).

2. Adopt Resolution No. 2026-069 of the Mayor and City Council of the City of San Bernardino, California, approving Appeal 26-09, thereby overturning the Planning Commission’s denial of Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 and allowing the request to consolidate six (6) parcels into one (1) parcel to facilitate the development, establishment, and operation of a 3,684 square-foot drive-thru restaurant (McDonald’s) on a parcel containing approximately 0.74 acres, located at 116 W. Baseline Street (APN:
0146-223-22, 23, 24, 25 & 26) within the Commercial General (CG-1) and TransitOverlay District (TOD) zone (Attachment 3).

Mayor Tran opened the Quasi-Judicial Public Hearing at 6:20 p.m.

City Clerk Lopez swore-in the speakers.

In accordance with the quasi-judicial hearing procedures, the Mayor requested that Council Members disclose any ex parte communications related to the public hearing item.

Council Members Sandra Ibarra, Juan Figueroa, Dr. Treasure Ortiz, and Mayor Pro Tem Kim Knaus disclosed receiving emails, calls, and other communications from the applicant, community members, and residents; and stated they did not respond or meet with the applicant.

Mayor Helen Tran and Council Member Mario Flores disclosed receiving numerous emails and other communications from the applicant and residents regarding the project and stated they met with interested parties solely to listen to their concerns.

In accordance with the requirements of a Quasi-Judicial hearing the appellant and staff were given 15 minutes to speak and a five-minute rebuttal.

Assistant Planner Christian Calisaan gave a presentation to the Mayor and City Packet Page. 311
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Mayor and City Council of the City of San Bernardino Page 20 Council. He presented Appeal No. 26-09 regarding the proposed construction of a new McDonald's restaurant with a drive-thru at 116 W. Baseline Street, including a request to overturn the Planning Commission's denial of Tentative Parcel Map No. 2196 and Conditional Use Permit No. 25-02. Staff reviewed the project's history, site conditions, zoning and Transit Overlay District requirements, proposed site improvements, economic and community benefits, and public concerns before presenting resolutions to either uphold the Planning Commission's denial or approve the appeal.

Council Member Ortiz inquired about the ownership and future of the property. Staff explained that the out-of-state property owner has been attempting to sell the site for several years, has worked with Code Enforcement to address ongoing issues, and supports the proposed project after experiencing difficulty finding a buyer.

The appellant’s representative Zeshaan Eunice Vice President of Curt & Pringles requested approval of Appeal No. 26-09, stating the project would redevelop a longvacant, blighted property that has experienced ongoing code enforcement issues and has been difficult to sell for alternative development. The presentation emphasized the project's economic benefits, including job creation, infrastructure and landscape improvements, local investment, and community partnerships, while asserting that the proposed McDonald's restaurant represented the most viable and immediate opportunity to revitalize the site.

Council Members inquired about the property's development history and the applicant's community outreach efforts. The applicant's representative stated that, to their knowledge, no other viable development proposals had been presented for the site and described outreach efforts that included door-to-door flyer distribution and coordination with City staff, noting that no residents responded directly to discuss the project.

At this time public comments were heard.

Andy Fuentes spoke in opposition to the appeal, stating that approving it would not improve the community.

Prince Ogidikpe, representing Eloise Reyes, spoke in opposition to the appeal, stating that the project is not the right fit for the Baseline Corridor and respectfully urges the City Council to uphold the Planning Commission's decision and deny this appeal.

David Friedman spoke in opposition and stated that residents already have convenient access to McDonald's locations and that approving another restaurant would have longterm impacts on the City.

Bernard De La Garza spoke in opposition to the appeal, encouraging the City to pursue opportunities for small businesses and other community-oriented uses for the site.

Ruben Mendoza spoke in opposition to the appeal, urging the Council to uphold the Planning Commission's denial. He stated that an additional McDonald's would not provide meaningful economic benefits.

Rocio Aguallo stated her opposition of the appeal and that a drive-through restaurant is Packet Page. 312
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Mayor and City Council of the City of San Bernardino Page 21 inconsistent with the Transit Overlay District and the Waterman Baseline Specific Plan.

Ivette Romero stated that the proposed drive-through restaurant is inconsistent with the City's public health, walkability, and transit-oriented development goals and her opposition of the appeal.

Alicia Aguallo urged the Council to deny the appeal, stating that the community does not need another fast-food restaurant and encouraging development that better serves residents.

Juan Hernandez, President of the Hispanic Chamber of Commerce, spoke in opposition to the appeal, stating that the applicant's community outreach efforts were insufficient and urging the Council to support development that better serves the community.

Amy Malone questioned whether San Bernardino is prepared to pursue higher-quality development rather than accepting any proposed project and also asked whether the applicant would commit to hiring local employees and supporting local businesses.

Dolores Armstead spoke in opposition to the appeal, stating that the project would provide limited community benefits, create primarily low-paying part-time jobs, and add another fast-food restaurant instead of healthier dining options.

Joe Salas spoke in opposition to the appeal, encouraging the City to consider the project as part of a broader long-term planning effort with greater community input and support for mixed-use and locally owned businesses.

Michael Segura urged the Council to deny the appeal, stating that the City has sufficient fast-food restaurants and should instead promote local restaurants, arts, housing, and long-term development that strengthens the Baseline corridor's cultural identity.

Mirriam Nieto spoke in opposition to the appeal, stating that San Bernardino deserves higher-quality development and encouraging the Council to support local businesses and uphold the Planning Commission's recommendation.

Robert Carillo stated that the site is suitable for mixed-use development and that the proposed McDonald's would provide limited economic benefit compared to development that better aligns with the City's long-term planning goals.

The public hearing was closed at 8:03 p.m.

In accordance with the requirements of a Quasi-Judicial hearing the appellant and staff were given a five-minute rebuttal.

In rebuttal, Zeshaan Eunice Vice President of Curt & Pringles representing the applicant (McDonald's), stated the property had remained vacant for seven years without viable development interest and argued the proposal represented a lawful private property development. He stated the project would provide jobs, economic investment, enhanced landscaping and lighting, and serve as a catalyst for additional development to the area.

He contended that a denial would likely leave the property vacant for years, while Packet Page. 313
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Mayor and City Council of the City of San Bernardino Page 22 approval would improve the site and support nearby businesses and the surrounding neighborhood.

The City Council discussed the proposed McDonald’s development, private property rights, the property’s prolonged vacancy, community opposition, and the City’s broader economic development goals. Several Council Members acknowledged that the project complied with existing procedures and that staff had appropriately recommended approval based on its anticipated economic benefits; however, they expressed concern that the proposed drive-through restaurant was inconsistent with the community’s vision for the Transit-Oriented Development area and supported the Planning Commission’s denial.

The City Council discussed as well the need for clearer development standards, updated zoning and specific plans, greater community engagement earlier in the application process, improved communication with elected officials, and stronger efforts to attract development aligned with community priorities. Staff confirmed that current outreach generally consisted of required public hearing notices and that the City could work with the property owner to market the site for alternative uses. City Attorney Maldonado advised that applicants were legally entitled to have their applications heard and explained that earlier rejection would require clearer development code restrictions.

City Attorney Maldonado further explained that one finding was sufficient to deny the subdivision and Conditional Use Permit and recommended adding language stating that the project did not stimulate economic development activity consistent with the mission and purposes of the Transit-Oriented Development District. Council Member Ortiz moved to deny Subdivision 26-03 and Conditional Use Permit 25-02 with the additional findings recommended by the City Attorney, seconded by Mayor Pro Tem Knaus.

RESULT: APPROVED AS AMENDED AND ADOPTED RESOLUTION NO.
2026-068 [4-3]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Kim Knaus, Mayor Pro Tem, Ward 5
AYES: Ibarra, Knaus, Flores, Ortiz
NOES: Theodore Sanchez, Juan Figueroa, and Fred Shorett

4. Commercial Cannabis Business Permit 26-001 - Request to Amend CBP 22-004 for PTRE Management, LLC located at 225 E. Airport Drive to provide a Change in Location and Transfer of Ownership (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Commercial Cannabis Business Permit (CCB) 26-001, Change of Location and Transfer of Ownership from PTRE Management, LLC located at 225 E. Airport Drive to OG Ventures, LLC. located at 1602 W. Highland Ave.

Mayor Tran opened the Public Hearing at 8:05 p.m.

The meeting recessed at 8:05 p.m. and reconvened at 8:19 p.m.

Economic Development Project Manager, Stephanie Castro presented Commercial Packet Page. 314
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Mayor and City Council of the City of San Bernardino Page 23 Cannabis Business Application CCB 26-001 to amend Permit CBP 22-004 by approving a change in location from 225 East Airport Drive to 1602 West Highland Avenue and transferring ownership from PTRE Management to OG Ventures. Staff explained the proposed location complied with the City's cannabis ordinance, noted nearby churches were a consideration but not a prohibition, and stated the vacant site would be improved with new paint, signage, and landscaping. Staff further reported that OG Ventures, operator of Higher Ground in San Bernardino, had maintained compliance with City regulations, taxes, fees, inspections, and audits, and recommended approval of the permit amendment.

At this time public comments were heard.

Delores Armstead opposed the proposed cannabis business, stating the Westside was already saturated with similar uses and urging the Council to support businesses that would better benefit and revitalize the community.

Kim Calvin opposed the proposed cannabis dispensary, stating it was inconsistent with the community's desire for higher-quality commercial development in the Sixth Ward and urging the Council to prioritize businesses that better serve neighborhood needs.

Al Palazzo spoke in opposition of the proposed cannabis dispensary, citing its proximity to senior housing, a hospital, churches, and historic properties, and urged the Council to pursue development that better reflects the community's history, potential, and quality-oflife goals.

Tonya Smith spoke in support of the proposed cannabis dispensary, stating that a wellregulated cannabis industry could generate tax revenue, create jobs, revitalize vacant commercial properties, and provide funding for schools, public safety, infrastructure, and community programs
The public hearing was closed at 8:36 p.m.

The Mayor and City Council discussed the proposed transfer of ownership and relocation of the commercial cannabis permit, focusing on the site’s proximity to churches, senior housing, residences, a library, and potential future housing. Staff clarified that the location complied with the City’s ordinance because nearby residences were not on residentially zoned parcels, while proximity to churches could be considered at the Council’s discretion.

Council Members expressed differing views regarding neighborhood impacts, equitable business distribution, community opposition, the City’s zoning and cannabis policies, and the need to provide certainty to compliant businesses.

Staff reported that the City’s operating cannabis businesses had experienced relatively few serious incidents and were required to maintain 24-hour security and surveillance.

The applicant stated the existing Airport Drive location was not economically viable, described its successful and compliant operation of Higher Ground, and requested approval to relocate and invest in the Highland Avenue property.

Council Member Ortiz made a motion to deny the staff recommendation, and the motion Packet Page. 315
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Mayor and City Council of the City of San Bernardino Page 24 was seconded by Council Member Ibarra.

Council Member Sanchez made a substitute motion to approve the staff recommendation, including the transfer of ownership and relocation of the commercial cannabis business permit, and Council Member Shorett seconded the motion.

Council Member Ortiz made a substitute motion to approve the transfer of ownership and deny the proposed relocation of the commercial cannabis business permit, the motion was seconded by Council Member Ibarra. The motion failed (3-4), Council Members Sanchez, Figueroa, Shorett, and Mayor Pro-Tem Knaus voted in opposition.

Council Member Flores made a substitute motion to approve the transfer of ownership and continue consideration of the proposed relocation to a future meeting to allow for additional community outreach. Motion failed for lack of a second.

Council returned to Council Member Sanchez substitute motion to approve the staff recommendation, including the transfer of ownership and relocation of the commercial cannabis business permit, seconded by Council Member Shorett.

RESULT: APPROVED STAFF’S RECOMMENDATION [4-3]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Knaus,
NOES: Sandra Ibarra, Mario Flores, Treasure Ortiz
At this time, Mayor Tran asked for a motion to continue the meeting past 9:00 p.m., in accordance with Resolution No. 2024-029. Council Member Ortiz made the motion, and Council Member Flores seconded the motion.

RESULT: CONTINUED THE MEETING PAST 9:00 P.M., IN ACCORDANCE WITH RESOLUTION NO. 2024-029 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Mario Flores, Council Member, Ward 6
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

5. TEFRA Hearing for the Benefit of SAC Health System, Inc. (Ward 3) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, following a public hearing under the requirements of the Federal Tax Equity and Fiscal Responsibility Act (TEFRA) and the Internal Revenue (IRS) Code of 1986, as amended (the “Code”), by Resolution:

1. Adopt Resolution No. 2026-070 of the Mayor and City Council of the City of San Bernardino, California, approving the issuance of the California Municipal Finance Authority Revenue Bonds in an aggregate principal amount not to exceed $95,000,000, for the purpose of financing a portion of Packet Page. 316
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Mayor and City Council of the City of San Bernardino Page 25 the costs of the acquisition of a building located at 1003 E. Brier Drive in the City of San Bernardino, California.

Mayor Tran disclosed that she had received campaign contributions subject to the Levine Act and recused herself from Item No. 5. Mayor Tran left the dais prior to discussion and vote.

Council Member Juan Figueroa disclosed that, although SAC Health is an independent nonprofit organization, it is closely affiliated with Loma Linda University Health, his employer. Due to this conflict of interest, he recused himself from consideration of the item and left the dais prior to discussion and vote.

Mayor Pro Tem Kim Knaus opened the Public Hearing at 9:26 p.m.

Director of Community Development and Housing, Gabriel Elliot presented a request to adopt a TEFRA resolution to facilitate SAC Health System Incorporated's issuance of a $95 million tax-exempt loan to renovate its facility at 103 East Brier Drive, noting the City's role was solely as the required jurisdictional approval authority and involved no financial obligation.

At this time, public comments for this item were heard.

Delores Armstead requested clarification, in plain language, regarding the purpose of the proposed $95 million bond financing and the City's role in the approval process.

Council requested clarification regarding the TEFRA process. Staff explained that the $95 million financing request was for the applicant not the City and that the City's role was limited to adopting the required TEFRA resolution and providing a public hearing as the jurisdiction where the project is located, with no financial obligation to the City.

The public hearing was closed at 9:30 p.m.

RESULT: ADOPTED RESOLUTION NO. 2026-070 [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Shorett, Knaus, Flores, Ortiz
RECUSE: Juan Figueroa

6. City Manager’s Proposed Fiscal Year 2026/27 Operating Budget & FY 2027-2031 Capital Improvement Program (All Wards)
Recommendation:

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

1. Conduct the Public Hearing on the Proposed Fiscal Year 2026/27 Operating Budget and 2027-2031 Capital Improvement Plan; and

2. Adopt Resolution No. 2026-071 approving the City of San Bernardino’s Fiscal Year 2026/27 Operating Budget and 2027-2031 Capital Improvement Program; and
Packet Page. 317
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Mayor and City Council of the City of San Bernardino Page 26

3. Adopt Resolution No. 2026-072 establishing the City’s Appropriations Limit as required by Article XIIIB of the California State Constitution; and

4. Adopt Resolution No. 2026-073 approving the updated Investment Policy for FY 2026/27; and

5. Approve any modifications made during the Public Hearing to be incorporated into the City of San Bernardino’s Fiscal Year 2026/27 Operating Budget and 2027-2031 Capital Improvement Program and included as part of the adopted budgets.

Mayor Tran opened the Public Hearing at 9:32 p.m.

Council Member Treasure Ortiz made a motion to waive staff's presentation. The motion was seconded by Council Member Mario Flores.

Mayor Pro Tem Knaus expressed concern that the proposed budget remained structurally unbalanced, stating that recurring expenditures continued to outpace revenues. She emphasized the need for a long-term financial strategy, questioned optimistic revenue projections such as the increase in fines and forfeitures, and urged more proactive planning to address the City's ongoing fiscal challenges.

Public comments for this item were heard at this time.

Mirriam Nieto expressed support for the proposed budget and funding for arts and culture, requested additional funding for the E Street corridor as a cultural district and for community investments, and encouraged continued investment in arts, nonprofit partnerships, and initiatives to support the City's long-term revitalization and quality of life.

Michael Segura spoke in support of continued investment in the arts, stating that arts funding supports entrepreneurship, small business incubation, downtown revitalization, and economic development. He encouraged strategic investment to leverage additional philanthropic and nonprofit funding while helping creative businesses succeed and remain in the community.

Al Palazzo urged the City to prioritize long-term economic development by pursuing transformative redevelopment projects, including reimagining the former Carousel Mall site, to generate sustainable revenue and revitalize the community.

The public hearing was closed at 9:43 p.m.

Council Members emphasized the need for a long-term economic development strategy to create sustainable revenues, supported continued planning for redevelopment and implementation of the General Plan, discussed using financing tools and partnerships to maximize future tax revenues, and highlighted the importance of strategically investing the proposed Cultural Development Fund allocation to generate measurable economic benefits through arts and cultural initiatives. Council also requested clearer multi-year capital improvement funding plans to better track project implementation and fiscal Packet Page. 318
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Mayor and City Council of the City of San Bernardino Page 27 priorities.

RESULT: APPROVED STAFF’S RECOMMENDATION AND ADOPTED
RESOLUTION NO’S. 2026-071, 2026-072, 2026-073 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Juan Figueroa, Council Member, Ward 3
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

DISCUSSION

15. Community Facilities District No. 2022-2 (Palm) 2026 Special Tax Bonds (Ward 4)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-080,

5. Authorizing the issuance of, not to exceed $3,200,000 aggregate principal amount of Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino 2026 Special Tax Bonds; and

6. Approving a form of Preliminary Official Statement, a form of the Fiscal Agent Agreement, a form of Bond Purchase Agreement, and a form of Continuing Disclosure Agreement, which is attached to the Preliminary Official Statement as Appendix E; and

7. Making certain determinations relating thereto; and

8. Authorizing certain other actions in connection there with.

There was a consensus amongst the Council Members to waive presentation from staff.

There was a motion by Council Member Ortiz to adopt Resolution No. 2026-080 and seconded by Mayor Pro Tem Knaus.

RESULT: ADOPTED RESOLUTION NO. 2026-080 [7-0]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Kim Knaus, Mayor Pro Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

32. Adopt Resolutions Implementing Brown Act Updates Related to Senate Bill 707
Recommendation:

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

1. Receive a presentation on Brown Act updates related to the Packet Page. 319
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Mayor and City Council of the City of San Bernardino Page 28 teleconferencing and accessibility provisions under Senate Bill 707 (SB 707);

2. Adopt Resolution No. 2026-093 Approving a Technology Disruption Policy; and

3. Adopt Resolution No. 2026-094 Determining “reasonable efforts” for outreach to encourage participation in City Council meetings.

There was a motion by Council Member Ortiz to waive presentation from staff and seconded by Council Member Flores.

Council Member Ortiz asked whether the proposed one-hour meeting recess could be amended to 30 minutes or if it was required by state law. City Clerk Lopez confirmed that the one-hour recess requirement is mandated by state law and cannot be modified.

There was a motion by Council Member Ortiz to approve and seconded by Mayor Pro Tem Knaus.

RESULT: ADOPTED RESOLUTIONS NO. 2026-093 AND 2026-094 [7-0] MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Kim Knaus, Mayor Pro Tem, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
Al Palazzo encouraged the Council to consider his written redevelopment proposals, advocating for arts- and entertainment-focused revitalization of downtown..

Michael Segura thanked the Council for funding arts and culture, encouraged strategic investment and continued collaboration with local arts organizations.

Virginia Marquez, a former First Ward Council Member and current First Ward candidate, thanked voters and supporters, encouraged civic participation, and stated her commitment to continuing to serve the community by drawing on her prior experience in elected office.

Kimberly Calvin expressed concerns regarding recent Council land use decisions, questioned the adequacy of public noticing for a proposed cannabis business, criticized the City's planning process, and urged the adoption of an updated General Plan to provide clearer guidance for future development.

Tim Prince stated that the City Attorney serves as a legal advisor rather than a decisionmaker and encouraged the Council to rely on legal opinions supported by applicable statutes and case law.

Scott Olsen expressed concerns that restrictions on considering a strong mayor form of government were limiting the committee's work. He requested that the Council publicly review the restriction and criticized the committee's decision to delay charter amendment recommendations until 2028.

Packet Page. 320
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Mayor and City Council of the City of San Bernardino Page 29 James Smith requested that commission meetings be televised to increase public awareness and urged the Council to preserve the name of Seccombe Park, emphasizing the importance of protecting the City's history and heritage.

Andy Fuentes requested that Charter Review Committee meetings be livestreamed and promptly posted online, thanked the Council for denying the McDonald's appeal, and expressed concern over the treatment of Charter Review Committee members and City staff during a recent committee meeting.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community. Council members recognized the groundbreaking of Fire Station 227, highlighted recent community meetings, neighborhood events, and the Cancer Survivor Celebration.

Announced upcoming community and neighborhood association meetings, and thanked residents, City staff, and partner agencies for their participation and collaboration. Council members also encouraged residents to celebrate the upcoming Fourth of July safely, comply with fireworks regulations, and extended Father's Day wishes to the community.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, June 17, 2026 at 10:27 p.m.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on July 15, 2026, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

Telicia Lopez, CMC
City Clerk
Packet Page. 321

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 5, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Reallocation of $200,000 in American Rescue Plan Act (ARPA) funds from the Façade Improvement Paintbrush
Program to the Navigation Center and Approval of
Amendment No. 2 to the Agreement with Mandeville
Modular Increasing the Not-To-Exceed Amount by
$717,620.64 (Ward 1)
Recommendation:

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

1. Adopt Resolution No. 2026-126 authorizing the reallocation of $200,000 in previously allocated American Rescue Plan Act (ARPA) funds from the Façade Improvement Paintbrush Program to the Navigation Center Project; and

2. Approve Amendment No. 2 to the Agreement for Design Services and Purchase and Delivery of Goods with Mandeville Modular increasing the not-to-exceed amount by $717,620.64 for a new total contract amount not to exceed $11,035,053.78; and

3. Approve Change Orders No. 12, 13, and 14 in the total amount of $717,620.64.

City Manager's Comments
The City Manager recommends approval of the $717,620.64 change order.

Executive Summary
The development of the City’s Navigation Center has incurred additional expenses totaling $717,620.64 in change orders from Mandeville Modular. These change orders resulted from design modifications made to the foundation, requiring additional waterproofing of the modular units at a cost of $272,240.64 (Change Order 12) and modifications to the mechanical cabinets at a cost of $137,130 (Change Order 13).

Additionally, due to protracted negotiations between the City and Mandeville Modular, where both parties worked towards an agreement on how to proceed with completing the project, a third change order in the amount of $308,250 is needed to remobilize the Packet Page. 322
manufacturing of the modular units (Change Order 14).

Of the $717,620.64 in additional change orders, $214,420 is covered by an existing contingency that was specifically approved for the modular units. The remaining $503,200.64 will be funded by: (1) a transfer of $200,000 in ARPA funds from the Façade Improvement Program, which would go unspent if not reallocated to this project, and (2) authorizing $303,200.64 of the General Fund Loan for the Navigation Center to be used for these change orders.

Background
On December 4, 2024, the Mayor and City Council approved a hybrid Design Services and Goods Purchase Agreement with Mandeville Modular in the amount of $10,093,027 using American Rescue Plan Act (ARPA) funds. This agreement provides the City with both the design of the SB HOPE Campus, also known as the City’s Navigation Center, and the modular units that will make up the facility. Of the original contract amount, $8,776,545 was for design and modular manufacturing costs and $1,316,482 was for a 15% project contingency.

On November 5, 2025, the Mayor and City Council approved Amendment No. 1 to the agreement with Mandeville Modular, which increased the contract’s not-to-exceed amount by $224,406.14 using funds from the Inland Empire Health Plan (IEHP) grant for a new total contract cost of $10,317,433.14. The reason for this increase was due to two change orders that totaled $1,540,888.14, which exceeded the existing project contingency by $224,406.14. These change orders pertained to increases in steel prices as a result of inflation and other market forces, and increased design costs for adding additional facilities to the campus. As part of staff’s recommendation, Council also approved an additional project contingency outside of the contract in the amount of $214,420.00 using a grant from Molina Healthcare. This contingency would be used for any future unforeseen costs associated with the manufacturing of the modular units.

Current Design and Modular Unit Budget Amount
ARPA $10,093,027.00
Inland Empire Health Plan Grant $224,406.14
Molina Healthcare Grant $214,420.00

FUNDING
Total Funding $10,531,853.14
Site Design and Modular Unit Manufacturing Costs $8,776,545.00 Change Order 2 – Steel Price Increases $1,239,668.00
COSTS
Change Order 3 – Additional Facilities $301,220.14
Total Costs $10,317,433.14
Remaining Budget $214,420.00
Packet Page. 323
General Fund Loan
On January 21, 2026, the Mayor and City Council approved a loan from the City’s General Fund in the amount of $8,768,982 for the Navigation Center with the understanding that the City would work to secure additional outside funding for the project to help pay itself back. The loan was necessary to fully fund the construction agreement with the general contractor, Spec Construction Co Inc., who would be responsible for preparing the site for the modular units. The agreement with Spec Construction has a not-to-exceed amount of $15,037,000, and the City requested Council to approve $2,255,550 in additional project contingencies, for a total construction budget of $17,292,550. At the time, only $8,523,568 in federal, state, and local grant funding remained in the project’s available budget, which necessitated a loan of $8,768,982 from the City’s General Fund to cover the difference.

Since the approval of the General Fund loan, the City was able to secure $1,979,926.86 in additional funding for the project by reallocating unspent Community Development Block Grant (CDBG) and Community Development Block Grant CARES Act (CDBGCV) funds to the project. These additional funds were approved by the Mayor and City Council on March 4, 2026, and reduced the amount of General Funds that would be used on the project (“General Fund Loan Savings”). It is important to note, however, that some of these reallocated funds were already accounted for in the original project budget, and additional project expenditures have since been approved by the Council utilizing these General Fund Loan Savings. As a result, $1,072,752.52 of the General Fund loan is currently available to be used.

COUNCIL APPROVED DEVELOPMENT FUNDING
Source Allocation Utilized Available
ARPA $11,344,785.00 $11,344,785.00 $0.00
CDBG $3,682,700.80 $3,682,700.80 $0.00
CDBG-CV $1,272,805.06 $1,272,805.06 $0.00
DIGNITY HEALTH GRANT $250,000.00 $250,000.00 $0.00
GENERAL FUND LOAN $8,768,982.00 $7,696,229.48 $1,072,752.52 HHAP-3 $808,385.00 $808,385.00 $0.00
HOME-ARP $4,299,671.00 $4,299,671.00 $0.00
INLAND EMPIRE HEALTH GRANT $1,500,000.00 $1,500,000.00 $0.00 LOMA LINDA UNIVERSITY DONATION $70,000.00 $70,000.00 $0.00 MOLINA HEALTHCARE GRANT $300,000.00 $300,000.00 $0.00
Total $32,297,328.86 $31,063,966.34 $1,072,752.52
Discussion
Over the past several months, the City and Mandeville Modular engaged in negotiations regarding the design and delivery of the modular units for the Navigation Center. During this process, the manufacturing of the modular units was demobilized while both parties worked towards finalizing various design components. This includes Packet Page. 324
completing the fire life safety plans for the modular units, making modifications to the foundation’s height for improved ADA access, and updating other components impacted by the design modifications. As a result, Mandeville Modular submitted three contract change orders totaling $717,620.64:
• Change Order 12 – Lower Chassis Waterproofing $272,240.64 • Change Order 13 – Mechanical Cabinet Modifications $137,130.00 • Change Order 14 – Demobilization & Remobilization $308,250.00 Amendment No. 2 to the Agreement with Mandeville Modular increases the agreement’s not-to-exceed amount by $717,620.64 to pay for these change orders and establishes a new total contract cost of $11,035,053.78. The additional funds will consist of the following:

1. $214,420.00 from the Molina Healthcare Grant, which will be formally incorporated into the contract.

2. $200,000 in reallocated ARPA funds from the Façade Improvement Program. The Façade Improvement Program will not be able to spend these funds by the ARPA expenditure deadline, requiring them to be transferred to another ARPA-eligible project or be returned to the Federal Government.

3. $303,200.64 from the General Fund Loan.

Mandeville Modular Contract With Amendment No. 2 Amount ARPA $10,293,027.00
General Fund Loan $303,200.64
Inland Empire Health Plan Grant $224,406.14

FUNDING
Molina Healthcare Grant $214,420.00
Total Funding $11,035,053.78
Site Design and Modular Unit Manufacturing Costs $8,776,545.00 Change Order 2 – Steel Price Increases $1,239,668.00
Change Order 3 – Additional Facilities $301,220.14
Change Order 12 - Lower Chassis Waterproofing $272,240.64 Change Order 13 - Mechanical Cabinet Modifications $137,130.00 Change Order 14 - Demobilization & Remobilization $308,250.00 COSTS
Total Costs $11,035,053.78
Remaining Mandeville Modular Budget $0.00
Strategic Targets and Goals
Approving Amendment No. 1 to the Agreement with Mandeville Modular aligns with Key Target No. 3: Improved Quality of Life. The successful completion of the SB HOPE Campus will provide the City’s unhoused population with interim housing, Packet Page. 325
recuperative care, and an extensive range of onsite supportive services designed to promote stability and self-sufficiency.

Fiscal Impact
The fiscal impact associated with this item is $717,620.64, which will be funded by $214,420 in Molinda Healthcare Grant Funds, $200,000 in ARPA funds transferred from the Façade Improvement Program, and $303,200.64 in General Funds. There is sufficient budget available to fully cover the costs associated with this item’s actions.

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

3. Approve Change Orders No. 12, 13, and 14 in the total amount of $717,620.64.

Attachments
Attachment 1 – Resolution No. 2026-126 ARPA Transfer to Navigation Center Attachment 2 – Amendment No. 2 to the Agreement with Mandeville Modular Attachment 3 – Amendment No. 1 to the Agreement with Mandeville Modular Attachment 4 – Original Agreement with Mandeville Modular Attachment 5 – Change Order No. 12 with Mandeville Modular Attachment 6 – Change Order No. 13 with Mandeville Modular Attachment 7 – Change Order No. 14 with Mandeville Modular Ward:

First Ward
Synopsis of Previous Council Actions:

December 4, 2024 Mayor and City Council approved an Agreement for Design Services and Purchase and Delivery of Goods with Mandeville Modular in the amount of $10,093,027.

November 5, 2025 Mayor and City Council approved Amendment No. 1 for Design Services and Purchase and Delivery of Goods with Mandeville Modular increasing the not-to-exceed amount by $224,406.14 using funds from the Inland Empire Health Plan (IEHP) grant for a new total contract cost of $10,317,433.14.

CC: Eric Levitt, City Manager
Packet Page. 326
Resolution No. 2026-126
RESOLUTION NO. 2026-126

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE REALLOCATION OF $200,000.00 IN

PREVIOUSLY ALLOCATED AMERICAN RESCUE PLAN
ACT (ARPA) FUNDS FROM THE FAÇADE

IMPROVEMENT PAINTBRUSH PROGRAM TO THE
NAVIGATION CENTER PROJECT.

WHEREAS, In 2021, 2022, 2023 and 2024, the City of San Bernardino Mayor and City Council allocated American Rescue Plan Act (ARPA) funds to eligible projects in accordance with federal guidelines; and
WHEREAS, Staff have identified previously obligated ARPA funds available for the Mayor and City Council to reallocate to another existing ARPA project prior to the expenditure deadline; and
WHEREAS, Staff recommend the Mayor and City Council approve the reallocation of previously obligated ARPA funds towards the Navigation Center Project.

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

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

SECTION 2. The Mayor and City Council hereby authorize the reallocation of $200,000.00 in American Rescue Plan Act (ARPA) funds from the Façade Improvement Paintbrush Program to the Navigation Center Project.

SECTION 3. The Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the Fiscal Year 2026/2027 to appropriate $200,000.00 in expenditures of ARPA funds for the Navigation Center Project.

SECTION 4. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 5. 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 6. Effective Date. This Resolution shall become effective immediately.

Packet Page. 327
Resolution No. 2026-126
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of August 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Albert Maldonado, City Attorney
Packet Page. 328
Resolution No. 2026-126

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. 2026-126, adopted at a regular meeting held on the 5th day of August 2026 by the following vote:

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

Telicia Lopez, CMC, City Clerk
Packet Page. 329
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AMENDMENT NO. 2 TO

AGREEMENT FOR DESIGN SERVICES AND FOR PURCHASE AND DELIVERY OF

GOODS WITH MANDEVILLE MODULAR
This Amendment No. 2 to the Agreement for Design Services and for Purchase and Delivery of Goods is made and entered into as of July 15, 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Mandeville Modular, a California Corporation with its principal place of business at 39516 30th Street East, Palmdale, California 93550 (“Company”). City and Company are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Company have entered into an agreement, dated December 4, 2024, for the purpose of providing professional design services and the manufacturing and delivery of modular buildings (the “Original Agreement”).

B. WHEREAS, the Parties previously amended the Original Agreement on November 5, 2025 with Amendment No. 1 to extend the term of the Original Agreement through December 31, 2026, and increased the contract contingency amount by Two Hundred Twenty-Four Thousand Four Hundred Six Dollars and Fourteen Cents ($224,406.14) for a new total contract amount not to exceed Ten Million Three Hundred Seventeen Thousand Four Hundred Thirty-Three Dollars and Fourteen Cents ($10,317,433.14).

C. WHEREAS, the Parties now desire to amend the Agreement with Amendment No. 2 to increase the contract contingency amount by Seven Hundred Seventeen Thousand Six Hundred Twenty Dollars and Sixty-Four Cents ($717,620.64) for a new total contract amount not to exceed Eleven Million Thirty-Five Thousand FiftyThree Dollars and Seventy-Eight Cents ($11,035,053.78).

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

AGREEMENT

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

2. Compensation. The total compensation for services performed pursuant to this Amendment No. 2 shall not exceed Eleven Million Thirty-Five Thousand Fifty-Three Dollars and Seventy-Eight Cents ($11,035,053.78).

Packet Page. 330
-2-

3. Amendment to Exhibit D. Exhibit D shall be removed in its entirety and replaced with the attachment, “Exhibit D: Updated Fee Rates for Modular Buildings and Other Equipment.”

4. 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.

5. 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.

6. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 331
-3-

SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO AGREEMENT FOR DESIGN SERVICES AND FOR

PURCHASE AND DELIVERY OF GOODS WITH MANDEVILLE MODULAR
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

COMPANY

MANDEVILLE MODULAR
Packet Page. 332
-4-

EXHIBIT D

UPDATED FEE RATES FOR MODULAR BUILDINGS AND OTHER EQUIPMENT Description Total Cost
Architecture, Structural Engineer, Civil, MEP $685,045
CASP Design and Review $48,500
Volumetric Modular Units $7,938,000
Project Management $105,000
Total Estimated Cost $8,776,545
Contingency $2,258,508.78
Total Estimated Cost w/ Contingency $11,035,053.78
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program authorized by the American Rescue Plan Act (ARPA) will be used in the amount of $10,293,027.

The Inland Empire Health Plan Grant (IEHP) will be used in the amount of $224,406.14.

The Molina Healthcare Grant will be used in the amount of $214,420.00 The City’s General Funds will be used in the amount of $303,200.64 Packet Page. 333
-1-
AMENDMENT NO. 1 TO

AGREEMENT FOR DESIGN SERVICES AND FOR PURCHASE AND DELIVERY OF

GOODS WITH MANDEVILLE MODULAR
This Amendment No. 1 to the Agreement for Design Services and for Purchase and Delivery of Goods is made and entered into as of November 5, 2025 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Mandeville Modular, a California Corporation with its principal place of business at 39516 30th Street East, Palmdale, California 93550 (“Company”). City and Company are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

B. WHEREAS, the Parties now desire to amend the Original Agreement to extend the term of the Original Agreement for an additional term of one (1) year, and to increase the contract contingency amount by Two Hundred Twenty-Four Thousand Four Hundred Six Dollars and Fourteen Cents ($224,406.14) for a new total contract amount not to exceed Ten Million Three Hundred Seventeen Thousand Four Hundred ThirtyThree Dollars and Fourteen Cents ($10,317,433.14).

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

AGREEMENT

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

2. Term. The term of the Original Agreement shall be extended for an additional term of one (1) year through December 31, 2026, unless earlier terminated or completed.

3. Compensation. The total compensation for services performed pursuant to this Amendment No. 1 shall not exceed Ten Million Three Hundred Seventeen Thousand Four Hundred Thirty-Three Dollars and Fourteen Cents ($10,317,433.14).

4. Amendment to Exhibit D. Exhibit D shall be removed in its entirety and replaced with the attachment, “Exhibit D: Updated Fee Rates for Modular Buildings and Other Equipment.”
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-2-

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

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

7. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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-3-

SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO AGREEMENT FOR DESIGN SERVICES AND FOR

PURCHASE AND DELIVERY OF GOODS WITH MANDEVILLE MODULAR
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

COMPANY

MANDEVILLE MODULAR
Heith Bibby
President
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-4-

EXHIBIT D

UPDATED FEE RATES FOR MODULAR BUILDINGS AND OTHER EQUIPMENT Description Total Cost
Architecture, Structural Engineer, Civil, MEP $685,045
CASP Design and Review $48,500
Volumetric Modular Units $7,938,000
Project Management $105,000
Total Estimated Cost $8,776,545
Contingency $1,540,888.14
Total Estimated Cost w/ Contingency $10,317,433.14
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program authorized by the American Rescue Plan Act (ARPA) will be used in the amount of $10,093,027.

The Inland Empire Health Plan Grant (IEHP) will be used in the amount of $224,406.14.

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1 CITY OF SAN BERNARDINO

AGREEMENT FOR DESIGN SERVICES AND FOR PURCHASE AND DELIVERY OF GOODS

1. PARTIES AND DATE.

This Agreement is made and entered into as December 4, 2024 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California, with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401 (“City”), and Mandeville Modular, a California Corporation with its principal place of business at 39516 30th Street East, Palmdale, California 93550 (hereinafter referred to as “Company”). City and Company are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Company. Company desires to perform and assume responsibility for the provision of certain professional design services and manufacturing and delivery of modular buildings required by the City on the terms and conditions set forth in this Agreement. Company warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Company is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Company itself, shall be fully licensed to practice as an architect and/or engineer in the State of California.

2.3 Project. City desires to engage Company to render such services for the San Bernardino Hope Campus ("Project") as set forth in this Agreement.

3. TERMS

3.1 Employment of Company.

3.1.1 Scope of Services. Company promises and agrees to furnish to City all labor, materials, tools, equipment, goods, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement, including the manufacturing and delivery of modular buildings (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A through G” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Company shall be subject to the sole and discretionary approval of the City, which approval shall not be unreasonably withheld. Additionally, Company shall comply with all Federal requirements applicable to the Services as set forth in Exhibit A through G.

3.1.2 Company agrees to sell to City and City agrees to purchase the materials and/or equipment (“Goods”) as specified and per the specifications attached hereto and incorporated herein as Exhibit “A through G” Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.

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2 3.1.3 Term. The term of this Agreement shall be from December 4, 2024, to December 31, 2025, unless earlier terminated as provided herein. Company shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Project Company; Key Personnel.

3.2.1 Project Designer. Company shall name a specific individual to act as Project Designer, subject to the approval of City. Company hereby designates Heith Bibby (License No. MF1594154) to act as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Company for all purposes under this Agreement; (3) supervise and direct the Services using his or her best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Company cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause.

3.2.2 Key Personnel. In addition to the Project Designer, Company has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Company may substitute others of at least equal competence . As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Company at the request of the City.

3.3 Hiring of Consultants and Personnel.

3.3.1 Right to Hire or Employ. Company shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Project, and to delegate to them such duties as Company may delegate without relieving Company from administrative or other responsibility under this Agreement.

Company shall be responsible for the coordination and cooperation of Company’s architects, engineers, experts or other consultants.

3.3.2 Qualification and License. All architects, engineers, experts and other consultants retained by Company in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licensed to practice in their respective professions, where required by law.

3.3.3 Standards and Insurance. All architects, engineers, experts and other consultants hired by Company shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Company’s agreements Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 339
3 with its consultants shall contain a provision making them subject to all provisions stipulated in this Agreement.

3.3.4 Assignments or Staff Changes. Company shall promptly notify the City of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Company at Company’s sole expense.

3.4 Standard of Care.

3.4.1 Standard of Care. Company shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Company shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or manufacturing of the Project. Company represents and maintains that it is skilled in the professional calling necessary to perform the Services. Company warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Company represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Company shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Company’s failure to comply with the standard of care provided for herein.

3.4.2 Performance of Employees. Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Company and shall not be re-employed to perform any of the Services or to work on the Project.

3.5 Laws and Regulations.

3.5.1 Knowledge and Compliance. Company shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Company by law. Company shall be liable, pursuant to the standard of care and indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Company performs any work knowing it to be contrary to such laws, rules and regulations, Company shall be solely responsible for all costs arising therefrom.

Company shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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4 3.5.2 Drawings and Specifications. Company shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibits A through G attached hereto. Any significant revisions made necessary by changes in such laws, rules and regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Company. Company shall cause the necessary copies of such drawings and specifications to be filed with any governmental bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibits A through G attached hereto. For the preparation of all such drawings and specifications, the Company shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Company and City.

3.5.3 Americans with Disabilities Act. Company will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the California Building Code, the Americans with Disabilities Act (“ADA”), and Section 504 of the Rehabilitation Act of 1973. Company shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Company brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Company’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Company, and the Company shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Company request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Company shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.

3.5.4 Permits, Approvals and Authorizations. Company shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Company shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.

3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.

Company shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Company shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
(b) Standard of Care. Company warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 341
5 without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreement. Company further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
(c) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Company agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Company’s failure to comply with any applicable water quality law, regulation, or policy. Company hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(iii) Damages: City may seek damages from Company for delay in completing the Services caused by Company’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy.

3.5.6 Air Quality.
(a) Compliance with Air Quality Laws, Ordinances, and Regulations.

Company must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Company shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Company shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Company, its subcontractors, or others for whom Company is responsible under its indemnity obligations provided for in this Agreement.

3.6 Independent Contractor.

3.6.1 Control and Payment of Subordinates. City retains Company on an independent contractor basis and Company is not an employee of City. Company is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Company shall also not be employees of City, and shall at all times be under Company’s exclusive direction and control. Company shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 342
6 Agreement and as required by law. Company shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.7 Schedule of Services.

3.7.1 Company Services. Company shall fully and adequately complete the Services described in this Agreement and in Exhibits A through G attached hereto and incorporated herein by reference.

3.7.2 Timely Performance Standard. Company shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein.

Specifically, Company shall perform its Services so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Company agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.

3.7.3 Performance Schedule. Company shall prepare an estimated time schedule for the performance of Company’s Services, to be adjusted as the Project proceeds.

Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approvals of authorities having jurisdiction over Project approval and funding. If City and Company cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Company without the prior written approval of City. If the Company’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Company will be responsible pursuant to the indemnification provision of this Agreement.

3.7.4 Excusable Delays. Any delays in Company’s work caused by the following shall be added to the time for completion of any obligations of Company: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Company; and (5) Force Majeure Event. Neither the City nor the Company shall be liable for damages, liquidated or otherwise, to the other on account of such delays. Such a non-compensable adjustment shall be Company’s sole and exclusive remedy for such delays and the Company will not receive an adjustment to the contract price or any other compensation. A Force Majeure Event shall mean an event that materially affects a party’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 work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Company and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 343
7 replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.7.5 Request for Excusable Delay Credit. The Company shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement). City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final and conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Company for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Company make an application for an extension of time, Company shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.

3.7.6 Conformance to Applicable Requirements. All work prepared by Company shall be subject to the approval of City.

3.7.7 Acceptance. The Goods shall be delivered to a location designated by the City and shall be F.O.B. the City’s destination. Company shall be responsible for arranging transportation of the Goods and for any damages to the Goods during transport. The Goods shall be received subject to City’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City’s specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Company’s risk for a reasonable time thereafter and shall be returned or disposed of at Company’s expense. No rejected Goods shall be replaced by Company without written instruction or authorization from City.

3.7.8 Coordination of Services. Company agrees to work closely with City staff in the performance of Services and the delivery of Goods and shall be available to City’s staff, consultants, and other staff at all reasonable times.

3.8 Additional Company Services.

3.8.1 Request for Services. At City’s request, Company may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibits “A through G” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice.

3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Company to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibits “A through G” attached hereto. Company shall not perform, nor be compensated for, Additional Services Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 344
8 without prior written authorization from City and without an agreement between the City and Company as to the compensation to be paid for such services. City shall pay Company for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Company pursuant to the indemnification provision of this Agreement.

3.8.3 Examples of Additional Services. Such Additional Services shall not include any redesign or revisions to drawings, specifications or other documents when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Company was aware or should have been aware pursuant to the laws and regulations provision of this Agreement above. Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project. Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Company. Services caused by delinquency, default or insolvency of Company, or by major defects in the work of the Company, provided that any such services made necessary by the failure of Company to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions. Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Company. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Company is not a party. (f) Damage Repair. Supervision of repair of damages to any Goods. (g) Extra Environmental Services. Additional work required for environmental conditions not already contemplated within the Company's services for the Project.

3.9 City Responsibilities. City’s responsibilities shall include the following:

3.9.1 Data and Information. City shall make available to Company all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria.

3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Company, City shall furnish Company with, or direct Company to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.

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9 3.9.3 Bid Phase. Provide the City with Construction Documents to distribute to bidders and be available during the bid process to answer any questions.

3.9.4 Testing. Retain consultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.

3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.

3.9.6 Fees of Reviewing or Licensing Agencies. Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.

3.9.7 City’s Representative. The City hereby designates the Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Representative hereby designates City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Company shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.9.8 Review and Approved Documents. Review all documents submitted by Company, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Company of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.

3.10 Compensation.

3.10.1 Company’s Compensation for Basic Services. City shall pay to Company, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Ten Million, Ninety-Three Thousand, and Twenty Seven Dollars ($10,093,027.00) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “B through D” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.

3.10.2 Payment for Additional Services. At any time during the term of this Agreement, City may request that Company perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional work in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Company to hire consultants to perform any Additional Services, Company shall be Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 346
10 compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Company shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.

3.10.3 Reimbursable Expenses. Reimbursable expenses are in addition to compensation for the Services and Additional Services. Company shall not be reimbursed for any expenses unless authorized in writing by City .

3.10.4 Payment to Company. Company’s compensation and reimbursable expenses shall be paid by City to Company no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibits “B through D” attached hereto and incorporated herein by reference. In order to receive payment, Company shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid at the address listed in Section 3.29. The statement shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Company shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Company shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Upon cancellation or termination of this Agreement, Company shall be compensated as set forth in the termination provision herein.

3.10.5 Withholding Payment to Company. The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Company is liable under the Agreement or state law. Payments to the Company for compensation and reimbursable expenses due shall Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 347
11 not be contingent on the completion or ultimate success of the Project. Payment to the Company shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Company’s reasonable control.

3.10.6 Prevailing Wages. Company 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, and if the total compensation is $1,000 or more, Company agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Company with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Company shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Company’s principal place of business and at the Project site.

Company shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Company or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Company and all subconsultants 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). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.10.7 Registration. 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 Company and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Company shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.10.8 Labor Compliance. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Company’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Any stop orders issued by the Department of Industrial Relations against Company or any subcontractor that affect Company’s performance of Services, including any delay, shall be Company’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Company caused delay and shall not be compensable by the City. Company shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Company or any subcontractor.

3.11 Notice to Proceed.

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12 Company shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.

3.12 Termination, Suspension and Abandonment.

3.12.1 Grounds for Termination; Company’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work thereon, or to terminate this Agreement at any time with or without cause. Company shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Company shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Company. Company hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Company may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Company as provided in this Agreement.

3.12.2 City’s Suspension of Work. If Company’s Services are suspended by City, City may require Company to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Company.

3.12.3 Goods, Documents, and Other Data. Upon suspension, abandonment or termination, Company shall provide to City all Goods, preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Company’s Services under this Agreement. Upon payment of the amount required to be paid to Company pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Goods and Project Documents prepared by or on behalf of Company under this Agreement. Company shall make such Goods and documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.

3.12.4 Employment of other Companies. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.13 Ownership and Use of Documents; Confidentiality.

3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Company or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Company shall Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 349
13 provide to City copies of all Project Documents required by City. In addition, Company shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Company shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.13.2 Right to Use. Company grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Company, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Company in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Company or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Company.

Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Company shall be at City’s own risk with respect to third parties.

If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Company’s seal from the Project Documents and hold harmless Company and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Project Documents on such other project.

3.13.3 License. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Company shall require any and all subcontractors and consultants to agree in writing that City is granted a non-exclusive and perpetual license for the work of such subcontractors or consultants performed pursuant to this Agreement.

3.13.4 Right to License. Company represents and warrants that Company has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Documents that Company prepares or causes to be prepared pursuant to this Agreement. Company shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Company makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Company and provided to Company by City.

3.13.5 Confidentiality. All Project Documents, either created by or provided to Company in connection with the performance of this Agreement, shall be held confidential by Company to the extent they are not subject to disclosure pursuant to the Public Records Act. All Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 350
14 Project Documents shall not, without the written consent of City, be used or reproduced by Company for any purposes other than the performance of the Services. Company shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Company which is otherwise known to Company or is generally known, or has become known, to the related industry shall be deemed confidential. Company shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.

3.14 Indemnification.

3.14.1 To the fullest extent permitted by law, Company shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Company, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Company’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Company's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Company, the City, its officials, officers, employees, agents, or volunteers.

3.14.2 If Company’s obligation to defend, indemnify, and/or hold harmless arises out of Company’s performance of “design professional” services (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, Company’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Company, and, upon Company obtaining a final adjudication by a court of competent jurisdiction, Company’s liability for such claim, including the cost to defend, shall not exceed the Company’s proportionate percentage of fault.

3.15 Insurance. Company shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Company shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.15.1 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Company shall, at its expense, procure and maintain in full force and effect for the duration of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Company agrees to amend, supplement or endorse the policies to do so.

3.15.2 Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Company’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

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15 3.15.3 Commercial General Liability
(a) The Company 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. (b) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. Commercial General Liability Insurance must include coverage for the following:
(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
(c) 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.
(d) The policy shall give City, the City Council and each member of the City Council, its 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.
(e) 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.

3.15.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Company 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.

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16 (b) 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).
(c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(d) 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.

3.15.5 Workers’ Compensation/Employer’s Liability
(a) Company 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.
(b) To the extent Company has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Company 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.

Company 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.

3.15.6 Professional Liability (Errors and Omissions)
(a) If Company is also the manufacturer of any equipment included in the Goods, or the Goods themselves, Company shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment and Goods with limits of not less than $1,000,000.
(b) At all times during the performance of the work under this Agreement the Company 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 Company. “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.

3.15.7 Privacy/Network Security (Cyber
(a) At all times during the performance of work under this Agreement, the Company shall maintain privacy/network security insurance, in a form and with insurance Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 353
17 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.

3.15.8 Minimum Policy Limits Required
(a) 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 (b) Defense costs shall be payable in addition to the limits. (c) 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.

3.15.9 Evidence Required
(a) Prior to execution of the Agreement, the Company 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.

3.15.10 Policy Provisions Required
(a) Company shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Company shall provide at least ten (10) days prior written notice of cancellation of any such policy due to nonpayment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Company shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.

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18 (b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Company’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.
(c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Company shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Company 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.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Company or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Company hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) 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 Company from liability in excess of such coverage, nor shall it limit the Company’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.

3.15.11 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.15.12 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Company, 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 Company pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(b) 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 Company or City will withhold amounts sufficient to pay premium from Company payments. In the alternative, City may cancel this Agreement.

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19 (c) The City may require the Company to provide complete copies of all insurance policies in effect for the duration of the Project. (d) At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Company shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Company or the City may withhold amounts sufficient to pay premium from Company payments. In the alternative, the City may suspend or terminate this Agreement.
(e) 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.

3.15.13 Subconsultant Insurance Requirements
(a) Company 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 Company, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

3.16 Records.

Company shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Company shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Company shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.

3.17 Standardized Manufactured Items.

Company shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the extent such criteria do not interfere with building design.

3.18 Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at any other City Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 356
20 site, will be covered by, and be the subject of, a separate Agreement for design services between City and the Company chosen therefor by City.

3.19 Mediation.

Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties.

3.20 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, Company 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.

3.21 Asbestos Certification.

Company shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos-containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Company prepares for the Project. Company shall require all consultants who prepare any other documents for the Project to submit the same written certification. Company shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief no material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Company shall include statements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.

3.22 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.

3.23 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County.

3.24 Exhibits and Recitals.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.25 Severability.

Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

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21 3.26 Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.27 Safety.

Company shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Company shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.

3.28 Harassment Policy.

Company shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Company shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under this Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Company's employees has harassed a City employee shall be grounds for appropriate discipline, up to and including such employee's removal from performance of this Agreement at City's request.

3.29 Delivery of Notices.

All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: City Manager
With a Copy to:

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

Mr. Heith Bibby, Founder
Mandeville Modular, Inc.
39516 30th Street East
Palmdale, CA 93550
(562) 661-9149
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 358
22 at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.30 Time of Essence.

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

3.31 City’s Right to Employ Other Consultants.

City reserves right to employ other consultants in connection with this Project or other projects.

3.32 Prohibited Interests.

3.32.1 Solicitation. Company maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Company, to solicit or secure this Agreement. Further, Company 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 Company, 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.

3.32.2 Conflict of Interest. For the term of this Agreement, no director, 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.

3.33 Warranty of Goods. In addition to all warranties which may be provided by law, Company warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Company and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Company, at its own expense, shall repair or replace, at the option of City, any defective Goods within a mutually agreed upon schedule between the City and Company. Company also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Company is conveying good and marketable title to same, and that Company owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Company agrees to indemnify, defend and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

3.34 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Company may be required to do, or respecting the size of any payment to Company during the performance of this Agreement, Company shall continue to perform the Work while said dispute is decided by the City. If Company disputes the City’s decision, Company shall have such remedies as may be provided by law.

3.35 Laws and Regulations; Employee/Labor Certifications. Company shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 359
23 in any manner affecting its performance under this Agreement, including all Cal/OSHA requirements, and shall give all notices required by law. Company shall be liable for all violations of such laws and regulations in connection with this Agreement. If the Company performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Company shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Company shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.35.1 Employment Eligibility; Company. By executing this Agreement, Company 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. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Company.

Company also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Company shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Company shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Company’s compliance with the requirements provided for in Section 3.36 or any of its subsections.

3.35.2 Employment Eligibility; Subcontractors and Consultants. To the same extent and under the same conditions as Company, Company shall require all of its subcontractors, and consultants performing any work relating to this Agreement to make the same verifications and comply with all requirements and restrictions provided for herein.

3.35.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Company verifies that they are a duly authorized officer of Company, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Company or its subcontractors, or consultants to meet any of the requirements provided for in Sections 3.35.1 or 3.35.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Company under Section 3.35.2); or (3) failure to immediately remove from this contract any person found not to be in compliance with such requirements.

3.35.4 Labor Certification. By its signature hereunder, Company certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 360
24 employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.35.5 Equal Opportunity Employment. Company represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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. Company shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.36 Safety. Company shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its services, the Company shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.37 Subcontracting.

As specified in this Agreement, Company shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to each and every provision of this Agreement.

3.38 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.

3.39 Electronic Signature.

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

3.40 Compliance with Various Funding Sources. Since this Project is funded by various funding sources, Company shall also fully and adequately comply with the provisions associated with the various funding sources included in Exhibit “E” attached hereto and incorporated herein by reference (“Funding Sources Requirements”), which are repetitive of the requirements contained at Exhibits C and E of the Request for Proposals for this Project. With respect to any conflict between federal requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

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25 3.41 Entire Agreement.

This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. 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. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. [SIGNATURES ON FOLLOWING PAGE]
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26 SIGNATURE PAGE FOR AGREEMENT FOR DESIGN SERVICES AND FOR PURCHASE

AND DELIVERY OF GOODS

BETWEEN THE CITY OF SAN BERNARDINO
AND MANDEVILLE MODULAR, INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton
Acting City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
Mandeville Modular, Inc.

Signature
Heith Bibby
Name
Founder
Title
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Exhibit A-1

EXHIBIT A
COMPANY’S SCOPE OF SERVICES

1. GENERAL REQUIREMENTS.

1.1 Basic Services. Company agrees to perform all the necessary professional design and engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the parties) for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein.

1.2 Exclusions from Basic Services. The following services shall be excluded from the basic services listed above: soils engineering, geotechnical services, hazardous waste, or toxic substances engineering.

1.3 Additional Services. Company shall perform the following Additional Services for the Project: N/A

1.4 Communication with City. Company shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawings, specifications, and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the duration of the Project and the Company’s warranty period. Company shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any project manager hired by the City.

1.5 Coordination and Cooperation with Project Manager and/or General Contractor. The City may hire a project manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the project manager so that the Company will be fully aware of the duties and responsibilities of the project manager. The Company shall cooperate with the project manager and respond to any requests or directives authorized by the City to be made or given by the project manager. The Company shall request clarification from the City in writing if the Company should have any questions regarding the authority of the project manager.

2. INITIAL PLANNING PHASE.

During the initial planning phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

2.1 Meeting Project Cost and Goals. Company shall notify City in writing of potential complications, cost overruns, unusual conditions, and general needs that potentially impact the Project cost and time line. It shall be the duty of the Company to design the Project within the established Project cost.

2.2 Permits, Approvals and Authorizations. As indicated in Section 3.5.4 of the Agreement, Company shall assist City in securing permits, approvals, and authorizations, as well as coordinating with utilities.

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Exhibit A-2

3. SCHEMATIC PLAN PHASE.

During the schematic plan phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

3.1 Schematic Plans. In cooperation with City, Company shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed design concept of the buildings (“Schematic Plans”). Company shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall be in compliance with the Americans with Disabilities Act (ADA) and meet all applicable Federal, State, County, and City laws, rules and regulations, including but not limited to Section 504 of the Rehabilitation Act of 1973 and Chapter 11B of the California Building Code - Accessibility to Public Buildings, Public Accommodations, Commercial Buildings and Public Housing. To ensure compliance, Company shall have Schematic Plans reviewed by a Certified Access Specialist (CASp). The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All design drawings for the Project shall be in a form suitable for reproduction.

3.2 Copies of Schematic Plans and Other Documents. Company, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Company shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

4. DESIGN DEVELOPMENT PHASE.

During the design development phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

4.1 Design Development Documents. Once City provides Company with specific written approval of the Schematic Plans described herein, Company shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”).

4.2 Copies of Design Development and Other Documents. Company, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Company shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

4.3 Timetable. Company shall provide a written timetable for full and adequate completion of their portion of the Project to City.

4.4 Application for Approvals. Company shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 365
Exhibit A-3
Project. Company shall furnish and process all design and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required.

4.5 Color and Other Aesthetic Issues. Company shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project.

5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.

During the final working drawings and specifications phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

5.1 Final Working Drawings and Specifications. Once City provides Company with specific written approval of the Design Development Documents described herein, Company shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for properly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following:
(1) the Project construction and manufacturing work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, structural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. City may be requested to supply Company with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“as-built drawings”) in City’s possession.

Company will make a good-faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions. City shall also make a good-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Company which may not be shown on the as-built drawings.

5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Company and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards.

The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size paper, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Company.

5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Company, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Company shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Company’s professional judgment. Company shall bring any such conflicts and/or inconsistencies to the attention of City. The parties agree that Company, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications.

However, the City reserves the right to conduct one or more constructability review processes Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 366
Exhibit A-4
with the Final Working Drawings and Specifications, and to hire an independent Company or other consultant to perform such reviews. Any such independent constructability and accessibility review shall be at City’s expense. Company shall make all City-requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications which may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Company’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Company shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement.

5.4 Copies of Final Working Drawings and Specifications and Other Documents.

Company, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense, Company shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

6. CONSTRUCTION CONTRACT DOCUMENTS.

During the construction contract documents phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

6.1 Bid and Contract Documents. Company shall provide the City with all construction documents, including but not limited to any certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel.

7. BID PHASE.

During the bid phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

7.1 Reproducible Construction Documents. Once City provides Company with specific written approval of the Construction Documents, Company shall provide to City one set of reproducible Construction Documents.

7.2 Distribution of Contract Documents and Review of Bids. Company shall assist City in distributing the Construction Documents and be available to answer questions during the bid process .

8. MODULAR MANUFACTURING AND SITE CONSTRUCTION PHASE.

During the modular manufacturing and site construction phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

8.1 Observation. The Project Company may observe work executed from the Final Working Drawings and Specifications, provided that City may, in its discretion, consent to such observation by another competent representative of Company.

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Exhibit A-5

8.2 General Construction Administration. Company shall provide general construction administration of the Construction Documents in the form of Requests of Information, Clarifications, and Approval of substitutions as needed, as it relates to the work performed by the contractors.

8.3 Site Visits of Modular Company’s Work. The Project Company shall allow the City to conduct site visits to the modular manufacturing facility to observe the progress of the modular buildings.

8.4 Site Visits of Contractor’s Work. Company may conduct site visits to observe the work for general conformance with the Construction Documents and with any approved construction schedules or milestones.

8.5 Site Visits of Inspector’s Work. Company may conduct site visits, if necessary, to observe the activities of the City inspectors in order to ensure accuracy of all “as-built” conditions.

8.6 Coordination of Company’s Consultants. Company shall cause all architects, engineers, and other consultants, as may be hired by Company, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents.

8.7 Reports. Company shall make reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project.

8.8 Written Reports. Company shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work.

8.9 Written Records. Company shall keep accurate written records of the progress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project.

Manufacturing travelers shall be made available for review by the City at all times.

8.10 Material and Test Reports. Company shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Company shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the project manager and City.

8.11 Review and Response to Submissions. Company shall review and respond, within five (5) business days or less, to all information requests, change requests, and other submissions of the project manager for compliance with, or alterations and additions to, the Construction Documents. Company’s review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.

8.12 Rejection of Work. Company shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Company shall immediately notify the City and project manager of such rejections. Company shall also have the authority to recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed.

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Exhibit A-6

8.13 Field Changes and Substitutions. Company shall consult with City, in a timely manner, with regard to any field changes and substitution of materials, equipment and laboratory reports thereof, prior to the City’s final written approval of such field changes and substitutions.

Company’s consultation shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.

8.14 Revised Documents and Drawings. Company shall prepare, at no additional expense to City, all documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents.

8.15 Change Requests and Material Changes. Company shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Company shall provide the City with its opinion as to whether such change requests should be approved, denied or revised. If the City has not hired a project manager or other person to do so, the Company shall prepare and execute all change orders and submit them to the City for authorization.

Company shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Company may request changes necessary to meet construction emergencies, if written approval of City’s Representative is first secured.

8.16 Final Color and Product Selection. Company shall coordinate final color and product selection with City’s original design concept.

8.17 Delivery of Modular Buildings. Modular buildings shall be inspected by the City and General Contractor prior to delivery. The modular buildings shall not be considered accepted until inspected and found to be in accordance with the City’s specifications. Final inspection of the Modular buildings shall be at the location specified herein, unless otherwise agreed in writing.

If the modular buildings are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject the modular buildings in whole or in part. Rejected modular buildings shall be held at Company’s risk for a reasonable time thereafter and shall be returned or disposed of at Company’s expense. No rejected modular buildings shall be replaced by Company without written instruction or authorization from City.

8.18 Substantial Completion. The City shall determine the date of substantial completion, in consultation with the Company and General Contractor.

8.19 Punch List. After determining that the Project is substantially complete, Company shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the project manager (“Punch List Items”). Company shall notify project manager in writing that all Punch List Items have been corrected prior to final acceptance of the Project and final payment. Company shall also notify City of all Punch List Items.

8.20 Warranties. Company shall provide warranties for the modules and any equipment contained therein. Company shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction books, diagrams, record “as built” drawings, and any other materials required from the contractors Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 369
Exhibit A-7
and subcontractors pursuant to the Construction Documents. Company shall coordinate and provide these materials to the City.

8.21 Certificate of Completion. Company shall provide inspection completion reports and Quality Control Reports for modules to the City. Company shall participate in any further inspections of the Project necessary to issue the Certificate of Completion and final certificate for payment.

8.22 Documents for Project Close-Out. Company shall cause all other architects, engineers and other consultants, as may be hired by Company, to file any and all required documentation with the City or other governmental authorities necessary to close out the Project.

Company shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants.

9. AS-BUILT DRAWINGS.

During the as-built drawings phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

9.1 As-Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Company shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus producing an “as-built” set of Final Working Drawings and Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Company shall personally review and certify that the As-Built Drawings and Specifications are a correct representation of the information supplied to Company by any inspectors and the project manager, and shall obtain certifications from any inspectors and the project manager that the drawings are correct.

9.2 Approval. Once City provides Company with specific written approval of the AsBuilt Drawings and Specifications, Company shall forward to City the complete set of original AsBuilt Drawings and Specifications or a complete set of reproducible duplicate As-Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail.

9.3 Documents for Final Payment. Prior to the receipt of Company’s final payment, Company shall forward to City all of the following: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As-Built Drawings and Specifications as required herein; and (4) Company’s Certificate of Completion.

10. WARRANTY PERIOD.

During the warranty period phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

10.1 Advice. Company shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project.

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Exhibit B-1
EXHIBIT B1-B3

FEE AND PHASING/FUNDING SCHEDULES

1. FEE SCHEDULE.

Company will invoice City on a monthly cycle based on the following fee schedule.

Company will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compensation.

Company will inform City regarding any out-of-scope work being performed by Company for which Company intends to seek compensation from City.

2. FUNDING SCHEDULE & PHASING (B1-B3)
Progress payments towards Total Compensation shall never exceed the following percentages of Total Compensation as of the phase indicated:

Initial Planning Phase: $438,827.25 percent (5%)
Schematic Plan Phase: $438,827.25 percent (5%)
Design Development Phase: $438,827.25 percent (5%)
Final Working Drawings & Specifications Phase: $438,827.25 percent (5%) Finalized Construction Documents/ CADD Files $877,654.50 percent (10%) Manufacturing Phase: $1,755,309.00 percent (20%)
Progress Payment for 50% of Modular Completion $1,755,309.00 percent (20%) 100% Delivery All Modules Complete Phase: $1,755,309.00 percent (20%) Warranty Period Phase: $877,654.50 percent (10%)
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Exhibit B-2
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Exhibit B-3
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EXHIBIT C

COMPENSATION RATES AND REIMBURSABLE EXPENSES

1. HOURLY COMPENSATION RATES.

The following Unit Rates are inclusive of all applicable taxes, overhead, and burdens and benefits of every nature applicable to the Services, and profit, and are valid for one year from the Effective Date of the Contract at which time the Unit Rates may be modified in accordance with the Contract.

Manufacture (Mandeville Modular, Inc)
Fee Schedule Category
Rate
Principal $350.00
General Counsel $300.00
Project Executive $288.59
Program Manager $288.59
Business Analyst $288.59
Tech Integration $288.59
Project Estimator $288.59
Production Manager $288.59
Project Scheduler $259.74
Design Manager $259.74
Construction Manager $259.74
Project Manager $250.00
Contract Manager $195.00
Financial Analyst $184.67
Project Controls $155.21

2. REIMBURSABLE EXPENSES.

N/A

3. ADDITIONAL SERVICES.

Additional Services shall be computed at the actual hourly rates listed above.

4. ADDITIONAL CONSULTANTS.

N/A
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EXHIBIT D

FEE RATES FOR MODULAR BUILDINGS AND OTHER EQUIPMENT
Description Total Cost $/SF
Architecture, Structural Engineer, Civil, MEP $ 685,045 $ 16.31 CASP Design and Review $ 48,500 $ 1.15
Volumetric Modular Units $ 7,938,000 $ 189.00
Project Management $ 105,000 $ 2.50
Total Estimated Cost $ 8,776,545 $ 208.97
15% Contingency $ 1,316,482 $ 31.34
Total Estimated Cost w/ Contingency $ 10,093,027 $ 240.31 The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program authorized by the American Rescue Plan Act (ARPA) will be used for the total cost of the agreement in the amount of $10,093,027.

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EXHIBIT E

FUNDING SOURCES REQUIREMENTS
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EXHIBIT F
Site Design and Modular Design / Building Services
STATEMENT OF WORK & TECHNICAL SPECIFICATION:

The City is seeking a Modular Company with either an in-house architect or the ability to partner with an architect. The Modular Company will directly contract with Civil, MEP and structural to deliver a full project CD Package for submission to both the City and the State of California for review and approval to develop SB Hope Navigation Center Campus including all onsite work.

The selected Modular Company shall be an advocate for the City and represent the best interests of the City in the performance of services and modular building quality.

It is desirable for the Modular Supplier (Manufacturer) to have extensive experience in understanding and working concurrently with multiple public entities such as: the United States Department of Housing and Urban Development (HUD); the State of California, cities, as well as special districts such as the South Coast Air Quality Management District. It is also desirable for the Proposer to provide evidence of similar modular emergency housing projects provided, especially within the State of California. Listed experiences shall be calculated evaluation criterion.

MODULAR DESIGN: All designs must also be reviewed and approved by the City and appropriate local jurisdictions. The Manufacturer shall construct and deliver a modular building that when delivered to the project site, shall be assembled on stem wall foundations built to the Manufacturer’s guidelines and approved and inspected by the appropriate jurisdiction’s Building Department. The City is seeking to provide accessible emergency housing for people experiencing homelessness which may include disabled persons. To that end, proposed modules must meet all Federal, State and Local accessibility design and construction requirements.

Manufacturer shall ensure that all applicable Building Codes are meet including but not limited to:

California Building Code (CBC); California Electrical Code (CEC); California Mechanical Code (CMC); California Plumbing Code (CPC); and the California Energy Code – Title‐24 (CEC) CalGreen (CalG).

The Manufacturer shall provide within their resumes for similar products provided for successful previous projects. Provided designs shall be a calculated evaluation criterion.

OTHER REQUIREMENTS
Fire Suppression: Manufacturer shall include within their costs all fire suppression systems and supportive appurtenances as determined by the State of California and local codes. Fire and Domestic water lines shall be pressure tested both at the before and after delivery. A General Contractor shall be separately contracted by the City to install service lines to Manufacturer’s connections.

HVAC System: Manufacturer shall include ENERGY STAR certified, ductless, multi zone heating and cooling systems as manufactured by Mitsubishi Electric or an approved equal. VRF systems are acceptable. The system shall be sized and zoned according to local code and meet all other Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 377
energy efficiency standards required. Brand and model numbers of proposed equipment shall be submitted with the proposal. These costs shall be included within the price per square-foot.

Appliances: Manufacturer shall include outlets, traps, drains, gas lines, electrical outlets, etc. to meet the needs of a commercial kitchen and the standards of San Bernardino County Department of Public Health standards, including but not limited to a commercial refrigerator, commercial freezer, commercial stove and commercial ovens, and a commercial hood with grease traps and fire suppression, floor drains etc. Modular Manufacturer does not need to purchase equipment, however appropriate mechanical, electrical and plumbing and spacing should accommodate the aforementioned.

Commercial Kitchen: Must meet all requirements of the County of San Bernardino Department of Public Health and sizable enough to cook three meals a day for 200 individuals.

Exterior:
− Roofing system with minimum 20-year warranty, shall be TPO, PVC, or other single ply product
− Exterior cladding installed in factory or prepped for field install − Doors and door hardware to be approved by City of San Bernardino − Exterior Lights per code
− Minimum ceiling height 8’-0”
− Windows: Material- Thermally broken aluminum
− Glass: Dual‐Paned Efficiency: Low‐E
− Insulation per code
− Walls: R‐19 Floor: R‐21 Roof: R‐38
Interior:
− Type X Finished, Texture, Washable Vinyl Wallcoverings Throughout − Painted & Textured Ceiling Throughout
− Interior lighting with Rocker‐Type (Decora) Wall Switches − Flooring shall be commercial-grade sheet product or VCT in all areas except commercial kitchen. Commercial kitchen to receive broadcast epoxy floor with integral coving. − Vinyl topset base
− Lever Latch Door Handles
Utility:
− Electrical panels sized correctly to handle all loads − Commercial boiler system
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− 6 front loading washers, 6 front loading dryers
− Wire for Electric Programmable Thermostat
− Smoke Detector(s) w/Battery backup
− Backup Carbon Monoxide Detector(s)
Bathrooms:
− Locker room-style community bathroom which shall include (10) private ADA roll-in showers with grab bars attached to changing space with ADA benches, grab bars and locks.
− Bathroom partitions with paper holders
− (10) ADA 1.28 Gallon Low‐Flow Elongated Toilets in stalls. − (10) wall mount lavatory sinks with single lever faucets − (10) wall mounted mirrors that are shatter proof for safety. − (2) additional single occupancy restrooms for Employee/ Staff with ADA 1.28 Gallon Lowflow elongated toilets, wall mounted lavatory sinks with single lever faucets, paper holders, and mirrors in each
− Bathroom exhaust fans per code
Foundation: The Manufacturer shall design and supply a stem wall foundation plan for each module which shall meet applicable building codes. Plan shall include detailed location for points of connection for utilities including electrical, plumbing, telephone, cable and any other applicable connections.

Delivery of Modular Units: The Manufacturer shall provide the transportation of each module to the project site and set on foundation that has been provided by a general contractor contracted by the City.

Boiler system: The Manufacturer shall include natural gas fired commercial boiler systems manufactured by Rheem or an approved equal. The boiler shall be sized according to local code.

Brand and model numbers of proposed equipment shall be submitted with the proposal. These costs shall be included within the price per square-foot.

Plumbing Fixtures: The manufacturer shall include all plumbing fixtures as specified below. All fixtures shall be low flow, water saving fixtures which meet accessibility design requirements and all applicable codes. Brand and model numbers of proposed fixtures shall be submitted with the proposal. These costs shall be included within the price per square-foot.

Lighting: The Manufacturer shall include all interior and exterior lighting fixtures. Proposed fixtures shall be commercial style LED fixtures that meet all applicable energy codes. Brand and model numbers of proposed fixtures shall be submitted with the proposal. These costs shall be included within the price per square-foot.

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Flooring: Manufacturer shall install commercial sheet product or VCT with vinyl topset base where possible. Commercial kitchen shall receive broadcast epoxy floor with integral coving. Brand and style of proposed flooring shall be included with the submittal. Final color and style shall be selected by the owner.

Bathrooms: Manufacturer shall install non-slip commercial sheet good flooring in bathroom and shower areas. Brand and style of proposed flooring shall be included with the submittal. Final color and style shall be selected by the owner. These costs shall be included within the price per square-foot.

Pricing: Proposer shall provide pricing on a per square- foot price to design, manufacture, deliver, and install each modular section. The specifications listed above shall not be considered an allinclusive list of final specifications. The Manufacturer shall also include all items typically used in modular construction as a final product to be included with their costs. The pricing shall be a calculation criterion.

Production of the Modular Units: Manufacturer shall provide evidence that production shall not restrict the project’s demand. This can be shown as plant production schedule, staging/storing, and travel time to project. Production evidence shall be calculated evaluation criterion.

Assembly of Modular Units: The City retains the right to select a General Contractor (”Contractor”) to assemble the modular units at the project site. The Manufacturer shall provide a list of all preapproved assembly contractors for warranty requirements. This list shall be provided with RFP and shall be included when the City procures Contractor for the project. The Manufacturer shall provide assembly literature that shall be included in any construction plans and specifications, or on-site guidance during installations.

Storage: The Manufacturer shall store all modules at their yard until work at each site warrants delivery and placement of each section. Delivery and placement of the modular sections shall be coordinated through the City’s General Contractor completing the onsite work.

OTHER OBLIGATIONS
SITE REGULATORY REQUIREMENTS: The City’s General Contractor will be responsible for obtaining and adhering to all permits and approvals required by the necessary regulatory agencies, including but not limited to permitting, inspection, and certification for the Site and Project. All fees required to obtain any such permits and approvals, shall be the sole responsibility of City’s General Contractor. Any site-specific regulatory requirements for the assembly, use and occupancy of the Modules shall be the sole responsibility of City’s General Contractor.

RELEASE OF MODULES: City’s General Contractor will release the modules for delivery once an in-factory sign off has occurred. A representative of the City’s General Contractor must visit the factory 72-hours prior to the release of modules and agree that the condition of the product meets their expectation for delivery and ready for transport.

DELIVERY: Upon completion of fabrication of a Module or Modules, the City’s General Contractor approves the release of Modules for transport and delivery. Modular Manufacturer Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 380
shall hire carrier to transport Modules to a temporary or permanent location as directed by City and/or City’s General Contractor (such permanent location of installation referred to hereinafter as “Property”) and Modular Manufacturer shall pay all carrier charges. Modular Manufacturer bears responsibility for the Modules during transport, and until the City accepts them.

ON-SITE SECURITY AND WEATHER PROTECTION: Upon acceptance by the City, City’s General Contractor shall bear all responsibility for the Modules. It is highly recommended that until entire building is erected, City’s General Contractor provides security and weather protection for the Modules beginning at the time of delivery and Modules remain protected regardless of time of year.

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EXHIBIT G

FEDERAL CONTRACT PROVISIONS
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 “G”.

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)
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.

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.

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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 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 Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 383
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 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.

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

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

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 Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 384
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 paragraphs (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.

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..

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.

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.

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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.

Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply 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.

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

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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.

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.

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.

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

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.

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

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

FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
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.

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:

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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.

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.

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.

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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.

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.

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 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.

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:

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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:

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 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).

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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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COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA)

CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF) FEDERAL GUIDELINES

USE OF ARPA CLFRF AND REQUIREMENTS
This Contract may be funded in whole or in part with funds provided by the American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification Number (FAIN): SLT0628 and Assistance Listing Number (formerly known as a CFDA number): 21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertaining to the funding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to the ARPA requirements shall be returned or repaid to the City or County. Any funds paid to Contractor i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to the federal government. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s).

Contractor agrees to comply with the following:

A. In accordance with Title 2 Code of Federal Regulations (C.F.R.) Section 200.322, the non-Federal Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of 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 subawards including all contracts and purchase orders for work or products under this award. 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 non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

B. In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications and video surveillance services or equipment or services (as described in Title 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 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. 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) and: (i) For the purpose Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 393
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); (ii) Telecommunications or video surveillance services provided by such entities or using such equipment; and (iii) 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. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

C. A non-Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must 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 Title 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 program for procurement of recovered materials identified in the EPA guidelines.

D. Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply 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 Title 31 U.S.C. Section 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 non-Federal award.

E. Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251- 1389).

F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient 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 Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 394
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

G. Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708). Where applicable, all contracts awarded by the non-Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with Title 40 U.S.C.

Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5).

Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

H. Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal Contractor must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. Section 874 and 40 U.S.C.

Section 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

The non-Federal contractor must report all suspected or reported violations to the Federal awarding agency.
i. The Contractor and all Subcontractors and Sub-subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classification as specified in both the Federal and California wage decisions. See Section 3.10.6 “Prevailing Wages” for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the City and are available to any interested party on request. The higher of the two applicable wage determinations, either California prevailing wage or Davis-Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract.

I. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 395
Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

J. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal Contractor including the manner by which it will be effected and the basis for settlement.

K. Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The identified clause is below and Contractor shall comply with the clause and all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts.
i. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor 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 contractor 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.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor 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 Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 396
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 contractor's legal duty to furnish information.
(4) The contractor 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 contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor 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. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor 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. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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 contractor 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 a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant 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 applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 397
instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors 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 applicant 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 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 applicant 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 this grant (contract, loan, insurance, guarantee); 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.

L. Data Collection Requirements – Contractor agrees to collect pre-post data per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; and Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available to County, State or Federal governments upon request.

M. Data Submission Requirements - Contractor agrees to furnish data to the County upon request, per County, and United States Treasury guidelines and timeline, for project tracking and monitoring and various reporting purposes. Data including, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request.

N. Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the City upon request, per County, and United States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and project evaluation by the City.

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O. Contractor shall comply with Title 2 Code of Federal Regulations Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and management), and Title 2 C.F.R. Part 200 Subpart F (audit requirements), as these sections currently exist or may be amended. The use of funds must also adhere to official federal guidance issued or to be issued on what constitutes an eligible expenditure.

Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. Contractor also agree that as additional federal guidance becomes available, an amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment.

P. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for records). Such documentation shall be produced to City upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most restrictive), Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last payment made by City or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the City, the State or the United States Government during normal business hours at Contractor. Copies will be made and furnished by Contractor upon written request by City.

Q. Contractor shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support Contractor’s requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable expenditures by Contractor. Contractor shall provide a monthly report of expenditures under this Contract no later than the 20th day of the following month.

R. Contractor shall cooperate in having an audit completed by City, at City’s option and expense. Any audit required by ARPA CLFRF and its regulation and United States Treasury guidance will be completed by Contractor at Contractor’s expense.

S. Contractor shall repay to City any reimbursement for ARPA CLFRF funding that is determined by subsequent audit to be unallowable under the ARPA CLFRF within the time period required by the ARPA CLFRF, but no later than one hundred twenty (120) days of Contractor receiving notice of audit findings, which time shall include an opportunity for Contractor to respond to and/or resolve the findings. Should the findings not be otherwise resolved and Contractor fail to reimburse moneys due City within one hundred twenty (120) days of audit findings, or within such other period as may be agreed between both parties or required by the ARPA CLFRF, City reserves the right to withhold future payments due Contractor from any source under City’s control.

T. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply.

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U. Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25.

V. Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170.

W. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement), Title 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 Title 2 C.F.R. Part 180 and Treasury’s implementing regulation at Title 31 C.F.R.

Part 19. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 C.F.R. Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at Title 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R.

Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

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

Y. Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20.

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

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

BB.Applicable Federal environmental laws and regulations.

CC.Statutes and regulations prohibiting discrimination include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury’s implementing regulations at Title 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.
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 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.
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sections 12101 et seq.), which prohibits discrimination on the basis of disability under programs, Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 400
activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

DD.Contractor understands that making false statements or claims in connection with the ARPA funded activities 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.

EE. Any publications produced with ARPA funds must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number SLT-0628 awarded to San Bernardino County by the U.S. Department of Treasury.”
FF. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is being 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.

GG. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers.

HH.As a recipient of federal financial assistance, the Civil Rights Restoration Act of 1987 applies, and Contractor assures that it:
i. 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.

Sections 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at Title 31 C.F.R. Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda and/or guidance documents.
ii. Acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Contractor understands that denying a person access to its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Contractor shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure LEP persons have meaningful access to its programs, services, and activities. Contractor understands and agrees that meaningful access may entail provide language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication.
iii. Agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services, and activities. iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act and implementing regulations and provide, upon request, a list of all such Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9 Packet Page. 401
reviews or proceedings based on the complaint, pending or completed, including outcome.

II. The City must include the following language in every contract or agreement subject to Title VI and its regulations:
“The sub-grantee, contractor, 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 a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or nation origin (42 U.S.C.

Section 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. Section 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, Title 31 C.F.R. Sections Part 22, and herein incorporated by reference and made a part of this contract or agreement.” JJ. Contractor shall cooperate in any enforcement or compliance review activities by the City, and/or the Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements.

KK.Contractor shall maintain records and financial documents sufficient to evidence compliance with section 603(c), regulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing.

LL. City has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations.

MM. Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after the last reporting date the City is obligated with the Department of the U.S. Treasury, whichever is later.

NN.Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R.

Section 200.112.

OO. In accordance with Title 41 U.S.C. Section 4712, subrecipient or Contractor 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.

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The list of persons and entities referenced in the paragraph above includes the following: (i) A member of Congress or a representative of a committee of Congress; (ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Department of Justice or other law enforcement agency; (vi) A court or grand jury; or (vii) A management official or other employee of Recipient, subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. Subrecipient or Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

PP. City and Contractor acknowledge that if additional federal guidance is issued, an amendment to this Contract may be necessary. In the event any of the terms in this Exhibit conflict with any other terms in the Contract, the terms in this Exhibit shall control.

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Change Order Summary
Document Number: MMI-CO-0012
Project Information
Project Name
MMI-PRJ-93424
Change Order ID
MMI-CO-0012
Title
SB Navigation Center - Hope Campus
Order Value
$272,240.64
Project Address
796 E. 6th Street San Bernardino, California 92410
Client/Owner
SB Navigation Center - Hope
Campus
Contractor
Mandeville Modular
Change Order Details
Description
Modular Unit Lower Chassis Waterproofing- Caused By Civil Drawings Deviations Reason for Change
Spray-Applied Waterproofing – Additional Scope Due to the of City of San Bernardino deviating from the Mandeville Modular Civil Plans. Spray-applied waterproofing is required as an additional scope of work as a direct result of the Client's deviation from the approved civil engineering plans prepared and coordinated by Mandeville Modular. The Client, the City of San Bernardino, directed modifications to the site grading, building placement, and finished floor elevations, resulting in the modular structures being installed partially below grade. This deviation from the Mandeville civil plans have created conditions requiring comprehensive sprayapplied waterproofing to protect the modular structures from below-grade moisture infiltration and to maintain the integrity and durability of the structural system. Waterproofing shall be applied to all critical structural steel members comprising the modular isometric frame assembly. This additional work was not included in Mandeville Modular's original scope of work, as the approved civil design did not require belowgrade installation of the modular units. Accordingly, the costs associated with the required waterproofing constitute an Owner-directed change and are submitted as an equitable adjustment to the Contract Sum and Contract Time.

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SCHEDULE IMPACT
Start Date
12/17/2024
New End Date
01/21/2027
Original End Date
12/31/2026
Additional Days
21 days
Impact Notes

COST BREAKDOWN
Description Qty Unit
Unit
Cost
Markup
%
Markup Amount
Spray applied
waterproofing system
50640.0 SQ_FEET $8.96 20% $90,746.88 $544,481.28
Base Cost $453,734.40
Markup $90,746.88

MODIFIED TASKS
Task Name Serial Number Start Date Est Start Date Est End Date

MISCELLANEOUS
Description Amount
Client credit - As agreed to during mediation
Signature ___________________________ sign_here
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Change Order Summary
Document Number: MMI-CO-0013
Project Information
Project Name
MMI-PRJ-93424
Change Order ID
MMI-CO-0013
Title
SB Navigation Center - Hope Campus
Order Value
$137,130.00
Project Address
796 E. 6th Street San Bernardino, California 92410
Client/Owner
SB Navigation Center - Hope
Campus
Contractor
Mandeville Modular
Change Order Details
Description
Individual sleeping units panel and water heater cabinet modification - Caused by Civil Drawings Deviation Reason for Change
**Modification to Sleeping Unit Utility Cabinet (Electrical Panel and Water Heater Enclosure)** Modification of the utility cabinet assembly on the exterior of the individual sleeping modules is required as a direct result of the City of San Bernardino's deviation from the original civil engineering plans developed and coordinated by Mandeville Modular. The City's revisions to finished floor elevations, site grading, and module placement have altered the required relationship between the modular units and the site utilities, resulting in the need to redesign and reconfigure the cabinet housing the electrical distribution panel and water heater. The revised cabinet design requires modifications to framing, dimensions, access clearances, utility routing, electrical panel location, plumbing connections, structural supports, finish materials, and associated manufacturing details to maintain compliance with applicable building codes, serviceability requirements, and HCD-approved modular construction standards. These changes also require updates to production drawings, engineering coordination, fabrication documentation, and factory manufacturing processes. This work is outside the original scope of work and is solely attributable to the City's decision to depart from the Mandeville Modulardesigned civil plans. Accordingly, all engineering, redesign, material, fabrication, and associated labor costs required to implement these cabinet modifications constitute additional work and are the responsibility of the Owner through this Change Order.

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SCHEDULE IMPACT
Start Date
12/17/2024
New End Date
01/07/2027
Original End Date
12/31/2026
Additional Days
7 days
Impact Notes

COST BREAKDOWN
Description Qty Unit
Unit
Cost
Markup
%
Markup Amount
LGS Framing 3265.0 EACH $35.00 20% $22,855.00 $137,130.00 Base Cost $114,275.00
Markup $22,855.00

MODIFIED TASKS
Task Name Serial Number Start Date Est Start Date Est End Date

MISCELLANEOUS
Description Amount
Signature ___________________________ sign_here
Packet Page. 407
Change Order Summary
Document Number: MMI-CO-0014
Project Information
Project Name
MMI-PRJ-93424
Change Order ID
MMI-CO-0014
Title
SB Navigation Center - Hope Campus
Order Value
$308,250.00
Project Address
796 E. 6th Street San Bernardino, California 92410
Client/Owner
City of San Bernardino
Contractor
Mandeville Modular
Change Order Details
Description
Project Demobilization and Re-mobilization
Reason for Change
Factory line demobilization. and re-mobilization

SCHEDULE IMPACT
Start Date
12/17/2024
New End Date
12/31/2026
Original End Date
12/31/2026
Additional Days
0 days
Impact Notes
Packet Page. 408

COST BREAKDOWN
Description Qty Unit Unit Cost
Markup
%
Markup Amount
Factory Line
Demobilization

1.0 EACH $256,875.00 20% $51,375.00 $308,250.00
Base Cost $256,875.00
Markup $51,375.00

MODIFIED TASKS
Task Name Serial Number Start Date Est Start Date Est End Date

MISCELLANEOUS
Description Amount
Signature ___________________________ sign_here
Packet Page. 409

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 5, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager’s Office
Subject: Second Amendment to the Agreement with Best Best & Krieger LLP (BB&K) to Amend the Appointed City Attorney to Albert J. Maldonado
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the Second Amendment to the Agreement with Best Best & Krieger LLP (BB&K) to Amend the Appointed City Attorney to Albert J. Maldonado.

City Manager’s Comments
Recommend approval. Consistent with Council direction.

Discussion
On August 1, 2018, the City and Best Best & Krieger LLP (“BB&K”) entered into an Agreement for Municipal Legal Services and City Attorney Services (“Agreement”).

Under the Agreement, BB&K provides the City with municipal and specialty legal advice on a range of matters and handles a number of litigation cases. On June 19, 2019 the City and BB&K amended the Agreement for the purpose of establishing a reduced rate for as-needed code enforcement legal services and City Prosecutor services.

The City and BB&K desire to memorialize the Mayor and City Council’s decision on July 15, 2026 to appoint Albert J. Maldonado of BB&K as City Attorney. This proposed amendment replaces the names on the contract to Albert J. Maldonado as City Attorney and Andrew Saghian and Elleasse Taylor as Assistant City Attorneys.

Strategic Goals and Priorities
The proposed amendment aligns with Goal No. 1(a): Establish clear policy direction and predictable organization structures as it provides clarity in the City Attorney position.

Packet Page. 410
Fiscal Impact
The fiscal terms of the BB&K contract will remain the same.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the Second Amendment to the Agreement with Best Best & Krieger LLP (BB&K) to Amend the Appointed City Attorney to Albert J. Maldonado.

Attachments
Attachment 1 – Original Agreement
Attachment 2 – Amendment No. 1
Attachment 3 – Proposed Amendment No. 2
Ward:

All Wards
Synopsis of Previous Council Actions:

August 1, 2018 – Mayor and City Council approved Original Agreement with BB&K June 19, 2019 – Mayor and City Council approved Amendment No. 1 Packet Page. 411

AGREEMENT FOR MUNICIPAL LEGAL SERVICES

AND CITY ATTORNEY SERVICES

BETWEEN

CITY OF SAN BERNARDINO
AND

BEST BEST & KRIEGER LLP

1. PARTIES AND DATE.

This Agreement is made and entered into as of August 1, 2018, by and between the City of San Bernardino, a California charter city (" Client") and Best Best & Krieger LLP, a limited liability partnership engaged in the practice of law (" BB&K").

2. RECITALS.

2. 1 Client wishes to engage the services of BB& K to perform all necessary municipal legal services for the Client on the terms set forth below. For purposes of this Agreement, the term " Client" shall include the City itself, any commissions operating under the City Charter, the Successor Agency to the City' s Redevelopment Agency, and any other affiliated entities.

3. TERMS.

3. 1 Term. The term of this Agreement shall commence on August 1, 2018 and shall continue in full force and effect until July 31, 2021 (" Initial Term"). Immediately prior to the expiration of the Initial Term, the Agreement shall automatically renew for an additional two two-year extension terms unless terminated in accordance with Section 3. 12 (" Extension Terms"). Following the expiration ofthe Extension Terms, the Agreement shall run on a monthto-month basis subject to termination in accordance with Section 3. 12.

3. 2 Scope of Services. Commencing August 2, 2018, BB& K shall perform municipal legal services (" Services") as may be required from time to time by the Client as set forth by this Agreement, unless otherwise agreed to by the Client and BB& K. Commencing March 5, 2020, subject to Section 3. 3. 1, BB& K shall serve as City Attorney as part of the Services. As part of the Services to be performed hereunder, BB& K shall be responsible for the following:

Client;

3. 2. 1 Preparation for, and attendance at, regular City Council meetings of the

3. 2.2 Provision of legal counsel at such other meetings as directed by the Client;

3. 2. 3 Preparation or review of all Client ordinances and . resolutions, together with such staff reports, orders, agreements, forms, notices, declarations, certificates, deeds, leases and other documents as requested by the Client;

3. 2. 4 Rendering to the officers and employees of the Client legal advice and opinions on all legal matters affecting the Client, including new legislation and court decisions, as directed by the Client;
Packet Page. 412

3. 2. 5 Researching and interpreting laws, court decisions and other legal authorities in order to prepare legal opinions and to advise the Client on legal matters pertaining to Client operations, as directed by the Client;

3. 2.6 Performing legal work pertaining to property acquisition, property disposal, public improvements, public rights- of-way and easements, as directed by the Client;

3. 2. 7 Responding to inquiries and review for legal sufficiency ordinances, resolutions, contracts, and administrative and personnel matters, as directed by the Client;

3. 2. 8 Representing and assisting on litigation matters, as directed by the Client.

Such services shall include, but shall not be limited to, the preparation for and making of appearances, including preparing pleadings and petitions, making oral presentations, and preparing answers, briefs or other documents on behalf of the Client, and any officer or employee of the Client, in all federal and state courts of this State, and before any governmental board or commission, including reviewing, defending or assisting any insurer of the Client or its agents or attorneys with respect to any lawsuit filed against the Client or any officer or employee thereof, for money or damages.

3. 2.9 BB& K' s Public Policy and Ethics ( PP& E) Program provides participants with memoranda, at the Fees and Costs described in Paragraph 6 of Exhibit A, on laws that directly affect public agencies, such as the Political Reform Act, Fair Political Practices Commission Regulations, the Brown Act, and the Public Records Act. The Program also provides participants with updates on new legislation and judicial decisions affecting local governments.

3. 2. 10 BB& K' s Project 5 Program provides participants with memoranda, at the Fees and Costs described in Paragraph 7 of Exhibit A, summarizing new changes in case law under the California Environmental Quality Act (" CEQA"), an annually updated set of CEQA notices and forms to aid participants in meeting CEQA' s requirements, an annually updated set of Local CEQA Guidelines and a draft Resolution for adopting Local CEQA Guidelines, memoranda summarizing pending and recently passed CEQA legislation, and other CEQA resources and materials. Memoranda, forms, and guidelines are provided to participating agencies via the CEQA Guidelines Client Portal, a secure website providing an on -demand and continually updating library of CEQA resources.

3. 3 Designated City Attorney.

3. 3. 1 Until March 4, 2020, Gary D. Saenz will remain as the elected City Attorney. Sonia R. Carvalho shall be designated as Chief Assistant City Attorney, and shall be responsible for the performance of all Services under this Agreement, including the supervision of Services performed by other members of BB& K. Thomas A. Rice shall be designated as Assistant City Attorney, and shall attend such meetings as may be requested by the Chief Assistant City Attorney.

3. 3. 2 Commencing March 5, 2020, Sonia R. Carvalho shall be designated as City Attorney, and shall be responsible for the performance of all Services under this Agreement, including the supervision of Services performed by other members of BB& K. Thomas A. Rice 2 Packet Page. 413
shall be designated as Assistant City Attorney, and shall attend such meetings as may be requested by the City Attorney. No change in these assignments shall be made without the consent of the Client, which may be granted or withheld in Client' s sole and absolute discretion.

3. 3. 3 The designated Chief Assistant City Attorney/ City Attorney may concurrently represent other clients but shall not concurrently serve as city attorney for another city without the advance consent of the City Manager, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, advance consent is deemed given for city attorney positions held by the designated Chief Assistant City Attorney/ City Attorney on August 1, 2018.

3. 4 Time of Performance. The Services of BB& K shall be performed expeditiously in the time frames and as directed by the Client.

3. 5 Assistance. The Client agrees to provide all information and documents necessary for the attorneys at BB& K to perform their obligations under this Agreement.

3. 6 Independent Contractor. BB& K shall perform all legal services required under this Agreement as an independent contractor of the Client and shall remain, at all times as to the Client, a wholly independent contractor with only such obligations as are required under this Agreement. Neither the Client, nor any of its employees, shall have any control over the manner, mode or means by which BB& K, its agents or employees, render the legal services required under this Agreement, except as otherwise set forth. The Client shall have no voice in the selection, discharge, supervision or control of BB& K' s employees, representatives or agents, or in fixing their number, compensation, or hours of service.

3. 7 Fees and Costs. BB& K shall render and bill for legal services in the categories and at rates set forth in Exhibit A referred to herein as " Fees" and for Costs as defined and in accordance with Exhibit D, both of which are attached hereto and incorporated herein by reference.

3. 8 Billing. BB& K shall submit monthly to the Client a detailed. statement of account for Services. The Client shall review BB& K' s monthly statements and pay BB& K for Services rendered and Costs incurred, as provided for in this Agreement, on a monthly basis.

3. 9 Annual Reviews. The Client and BB& K agree that a review of performance and the compensation amounts referenced in this Agreement should occur at least annually.

3. 10 Insurance. BB& K carries errors and omissions insurance with Lloyd' s of London. After a standard deductible, this insurance provides coverage beyond what is required by the State of California. A separate schedule containing BB& K' s insurance policies will be available for inspection upon Client' s request.

3. 11 Attorne - Client Privile.. e. Confidential communication between the Client and BB& K shall be covered by the attorney- client privilege. As used in this article, " confidential communication" means information transmitted between the Client and BB& K in the course of the relationship covered by this Agreement and in confidence by a means that, so far as the Client is aware, discloses the information to no third persons other than those who are present to further the interests of the Client in the consultation or those to whom disclosure is reasonably 3 Packet Page. 414
necessary for the transmission of the information or the accomplishment of the purpose for which BB& K is consulted, and includes any legal opinion formed and advice given by BB& K in the course of this relationship.
312 Termination of Agreement and Legal Services. This Agreement and the Services rendered under it may be terminated at any time upon thirty ( 30) days' prior written notice from either party, with or without cause. In the event of such termination, BB& K shall be paid for all Services authorized by the Client and performed up through and including the effective date of termination. BB& K shall also be reimbursed for all Costs associated with transitioning any files or other data or documents to a new law firm or returning them to the Client.

3. 13 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3. 14 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

3. 15 Amendment: Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.

3. 16 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.

3. 17 Invalidity: Severabilip . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3. 18 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3. 19 Deliversof Notices. All notices permitted or required under this Agreement notices shall be deemed made when personally delivered or when mailed, forty- eight ( 48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
4 Packet Page. 415
Client: City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Attention: City Manager
BB& K: Best Best & Krieger LLP
18 101 Von Karman Ave, Suite 1000
Irvine, CA 92612
Attention: Sonia R. Carvalho

3. 20 Indemnification.

3. 20. 1 BB& K agrees to indemnify City, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities ( herein " claims or liabilities") that may be asserted or claimed by any person, firm or entity arising from the negligent acts or omissions of BB& K hereunder, or arising from BB& K' s negligent performance of any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the sole negligence or willful misconduct of City, its officers, agents or employees.

IN WITNESS WHEREOF, the Client and BB& K have executed this Agreement for City Attorney Legal Services as of the date first written above.

Signatures contained on following page)
5 Packet Page. 416

SIGNATURE PAGE TO

AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES

BETWEEN

CITY OF SAN BERNARDINO
AND

BEST BEST & KRIEGER LLP
CITY OF AN BER. INO
By:

Andrea M. Miller
City Manager
Attest:

Georgeann Hanna
City Clerk

BEST BEST & KRIEGER LLP
Sonia R. Carvalho
Partner
Date: I
r
7 01
Packet Page. 417

EXHIBIT A
TO

AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES

BETWEEN

SAN BERNARDINO
AND

BEST BEST & KRIEGER LLP

1. Basic Le+ -al Services - Description. Basic legal services shall include all services provided to Client that are not otherwise specifically identified below as either Special Legal Services, Third Party Reimbursable Legal Services, or Public Finance Legal Services (" Basic Legal Services"). Basic Legal Services include the following:

Attendance at City Council and Planning Commission meetings; Office hours, unless otherwise authorized by the City Manager, the designated Chief Assistant City Attorney/ City Attorney will conduct office hours at City Hall during normal working hours;
Review and preparation of ordinances, resolutions, contracts, and agreements; Routine Brown Act advice;
Routine Public Records Act advice;
Routine Conflicts of Interest advice; and
Routine Election law advice.

2. Basic Le. -al Services — Rates.

Basic Legal Services will be provided to the Client under an interim fixed -fee monthly retainer of $75, 000.00.

To assure fairness to both the Client and BB& K, the parties agree to review the above interim fixed -fee monthly retainer amount three months following the effective date of this Agreement to determine whether this monthly amount is comparable to the amount of services rendered.

3. Special Le_ al Services - Description. Special Legal Services shall include the following types of services:

A. Non -routine contract negotiation matters ( including non- BB& K model agreements and franchise agreements);
B. Acquisition, disposal, and resolution of real estate, easements, right- of-ways, leases, licenses, and other property transactions;
C. Non -routine land use ( including general plan updates, Williamson Act issues, Map Act, annexations, and development agreements);
D. Environmental law (e.g. CEQA, NEPA, endangered species) matters; E. Disaster relief matters;
A- 1
Packet Page. 418
F. Personnel and disability laws;
G. Labor relations and employment matters;
H. Fee collection, cost recovery, and ratemaking governed by Propositions 26 and 218, AB 1600m and other state and federal requirements; I. Public improvements/ capital projects and related disputes; J. Code enforcement matters;
K. Tort liability and risk management matters;
L. Fees, taxes, and assessments matters ( e. g. Prop. 218 & Mitigation Fee Act); M. Redevelopment dissolution matters;
N. Complex public utility matters ( e. g., electric, natural gas, telecommunications, water, rail, or transit that involve state or federal regulatory issues); O. Litigation and formal administrative or other adjudicatory hearing matters P. Successor Agency and housing matters;
Q. Water law matters ( e. g. water rights & quality);
R. Tax and ERISA related matters;
S. Toxic substances matters ( e.g. CERCLA, RCRA);
T. Renewable energy and energy efficiency project contracts and power purchase agreements;
U. Intergovernmental Relations and Advocacy efforts ( e. g. legislative and regulatory representation) at the federal and state level; and
V. Other matters mutually agreed upon between BB& K and the City Manager

4. S: ,ecial Leal Services_ — Rates. The Client shall pay for Special Legal Services at the following rates:

Partners $ 310.00 per hour
Of Counsel $ 310.00 per hour
Associate $ 260.00 per hour
Paralegals $ 155. 00 per hour
Law Clerks $ 155. 00 per hour

5. Cost of Living Adjustment
Commencing July 1, 2020, and each July 1st thereafter, all hourly rates and amounts shall be increased to account for the change in the cost of living for the prior calendar year, as shown by the U. S. Department of Labor in its All Urban Consumers Index set forth for the Los Angeles -Riverside -Orange Counties areas, not to exceed 4%, with advanced written notice.

6. Public Police and Ethics Annual Subscription Fee
BB& K will charge an annual fee on July 1 of each year for all of the services provided under the Program in the amount of $ 4, 600. 00. The annual fee covers the following services under the Program:

A-2
Packet Page. 419
Written legal advice concerning matters that affect local government such as new legislation, regulations, court decisions and Attorney General Opinions. This service includes monitoring significant developments that may affect the agencies, legal research, and drafting memoranda for those developments.

Annual updates on the Brown Act, the Public Records Act, the Political Reform Act, and other conflict of interest laws. In addition, clients who participate in the Program are offered the following legal services at a discounted rate in addition of the annual fee:

Customized, on- site training regarding Statements of Economic Interests Form 700s). Statements of Economic Interests are- building blocks for transparency and good governance. Our Form 700 training covers the different types of reportable interests, avoiding over -disclosure, completing a Form 700, and amending a filed statement. This training is for officials and employee positions listed in the Client' s Conflict of Interest Code and is billed to Program participants for $800, plus Costs.

BB& K-hosted presentations related to the Political Reform Act and the client' s role as: ( 1) the Filing Officer and/or Filing Official receiving and filing Statements of Economic Interests ( Form 700s); and ( 2) the creators and enforcers of the Agency' s Conflicts of Interest Code. This is billed to Program participants for $ 75 per attendee for in-house presentations or 50 per attendee for our webinars. BB& K also offers group rates upon request.

Customized, on- site training certifying attendees for compliance with State " general ethics principles and ethics laws" required under AB 1234.

This usually costs $ 2,000 but is billed to Program participants for $ 1, 200, plus Costs.

As new and existing laws develop and become more complex, public scrutiny intensifies, and expectations for the role of legal counsel change. Our legal updates are critical, and in some cases, required for our local government clients.
7 Project 5 Program — Updates_ on CEQA
Under the Project 5, BB& K issues memoranda quarterly setting forth the changes in case law as it relates to CEQA. Annually, BB& K issues a Legislative Update memorandum on new bills that have CEQA implications in an effort to keep our clients' approach to CEQA current. Also annually, BB& K updates the client' s local CEQA guidelines to incorporate changes in legislation and case law. Some clients prefer to dive deep into their local CEQA guidelines and to tailor them significantly to their jurisdiction' s practices. We keep custom forms for those clients.

For the City of San Bernardino, BB& K would charge the time associated with Project 5 at the rates for Basic Legal Services. The rates will vary from year- to- year, but clients typically pay A-3
Packet Page. 420
between $ 1, 500 and $ 3, 500 annually depending on the level at which the client participates ( i.e., ifthe client wants customizations).

A-4
Packet Page. 421

EXHIBIT B
TO

AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES

BETWEEN

CITY OF SAN BERNARDINO
AND

BEST BEST & KRIEGER LLP

THIRD PARTY REIMBURSABLE BILLING POLICIES

1. Third PartN Reimbursable Legal Services - Description. Third Party Reimbursable Legal Services shall include legal services provided to the City for which the City receives reimbursement from a developer or other third party. These reimbursable legal services include, but are not limited to, review of CC& Rs; establishment of financing districts ( i.e., Community Facilities Districts; Assessment Districts; Landscape and Lighting Maintenance Districts); the processing of land use/ environmental projects for which the City is entitled to reimbursement, as well as defending any challenges to project entitlements or any dispute or litigation related to such reimbursable legal services.

2. Third Part% Reimbursable _Le_ al Services - Rates. The Client shall pay for Third Party Reimbursable Legal Services at BB& K' s then current published standard private client rates, minus ten percent ( 10%). Upon execution of this Agreement, BB& K shall provide a copy of its published rate schedule to the Client. BB& K shall also provide annual written updates to the Client when changes are made to the published rate schedule.

Packet Page. 422

EXHIBIT C
TO

AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES

BETWEEN

CITY OF SAN BERNARDINO
AND
BEST BEST & IUffGER LLP

PUBLIC FINANCE & BOND BILLING POLICIES
Public Finance & Bond Rates. BB& K will provide bond counsel, special counsel or disclosure counsel services at the request of the Client at agreed upon Fees and Costs. Such bond counsel and special counsel services include the preparation of all legislative approvals and legal documentation relating to the appropriate sale and delivery of the bonds, notes or other obligations. BB& K will also prepare such closing certificates and legal opinions necessary for the delivery of the bonds. As disclosure counsel, we will prepare the disclosure documents for the Client and conduct the necessary due diligence related to the transaction. Our fees will be determined based upon the type of financing and the expected involvement of the attorneys involved. We will provide the Client with a detailed description of our services and our Fees and reimbursable Costs upon the Client' s request. Notwithstanding the foregoing, in those cases where the fees are reimbursable by a third party, at BB& K' s option it may proceed on an hourly basis and utilize the Third Party Reimbursable Legal Services category provided for in this Amendment, including with respect to services rendered for the formation of, or annexation to, a CFD ( of either the City or other local public agency), as well as the negotiation and preparation of funding agreements and joint financing agreements. Legal services related to the Client' s compliance with its continuing disclosure covenants and provide such necessary advice on the Client' s compliance shall be billed as Special Legal Services, above.

C- 1
Packet Page. 423

EXHIBIT D
TO

AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES

BETWEEN

CITY OF SAN BERNARDINO
AND

BEST BEST & KRIEGER LLP

BB& K BILLING POLICIES
Our century of experience has shown that the attorney- client relationship works best when there is mutual understanding about fees, expenses, billing, and payment terms. Therefore, this statement is intended to explain our billing policies and procedures. Clients are encouraged to discuss with us any questions they have about these policies and procedures. Clients may direct specific questions about a bill to the attorney with whom the client works or to our Accounting Department. Any specific billing arrangements different from those set forth below will be confirmed in a separate written agreement between the client and the firm.

Fees for Professional Services
The specific hourly rates paid by clients are as set forth in Exhibit A to the Agreement to which this Exhibit D is attached.

In special circumstances which will be discussed with the Client and agreed upon in writing, in advance, fees will be based upon the novelty or difficulty of the matter, or the time or other special limitations imposed by the client.

Fees For Other Services. Costs and Expenses
In addition to fees for professional legal services, we also charge separately for some other services and expenses to the extent of their use by individual clients. These charges include mileage at the current IRS approved rate per mile ( unless travel time is billed in accordance with Exhibit A), extraordinary telephone and document delivery charges, copying charges, computerized research, court filing fees and other court - related expenditures including court reporter and transcription fees ( referred to as " Costs"). No separate charge is made for secretarial or word processing services; as those Costs are included within the above hourly rates.

We may need to advance Costs on your behalf on an ongoing basis. These items are separate and apart from attorneys' fees and, as they are out- of-pocket charges, we need to have sufficient funds on hand from you to pay them when due. We will advise the client from time to time when we expect items of significant cost to be incurred, and it is required that the client send us advances to cover those Costs before they are due.

Advance Dei osit Toward Fees And Costs
D- 1
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Because new client matters involve both a substantial undertaking by our firm and the establishment of client credit with our accounting office, we require an advance payment from clients. The amount of this advance deposit is determined on a case- by- case basis discussed first with the client, and agreed upon by the Client, acting in its sole and absolute. discretion.

Upon receipt, the advance deposit will be deposited into the firm' s client trust account.

Our monthly billings will reflect such applications of the advance deposit to Costs and not to attorney' s fees. At the end of engagement, we will apply any remaining balance first to Costs and then to Fees. We also reserve the right to require increases or renewals of these advanced deposits.

Monthly Invoices and Payment
Best Best & Krieger LLP provides our clients with monthly invoices for legal services performed and expenses incurred. Invoices are due and payable upon receipt.

Each monthly invoice reflects both professional and other fees for services rendered through the end of the prior month, as well as expenses incurred on the client' s behalf that have been processed by the end of the prior month. Processing of some expenses is delayed until the next month and billed thereafter.

Except for separate arrangements such as bond counsel, our fees are not contingent upon any aspect of the matter and are due upon receipt. All billings are due and payable within ten days of presentation unless the full amount is covered by the balance of an advance held in our trust account. If a bill is not paid within 30 days, a late charge of one percent per month on the unpaid invoice shall be added to the balance owed, commencing with the next statement and continuing until paid.

It is our policy to treat every question about a bill promptly and fairly. It is also our policy that if a client does not pay an invoice within 60 days ofmailing, we assume the client is, for whatever reason, refusing to pay. We will then advise the client by letter that the client may pay the invoice within 14 days or the firm will take appropriate steps to withdraw as attorney of record. If the delay is caused by a problem in the invoice, we must rely upon the client to raise that with us during the 14 -day period. This same policy applies to fee arrangements which require the client to replenish fee deposits or make deposits for anticipated Costs.

From time to time clients have questions about the format of the bill or description of work performed. If you have any such questions, please ask them when you receive the bill so we may address them on a current basis.

Changes in Fee Arrangements and Budgets
It may be necessary under certain circumstances for a client to increase the size of required advances for fees after the commencement of our engagement and depending upon the scope of the work. For example, prior to a protracted trial or hearing, the firm may require a further advance payment to the firm' s trust account sufficient to cover expected fees. Any such changes in fee arrangements will be discussed with the client and mutually agreed in writing.

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Because of the uncertainties involved, any estimates of anticipated fees that we provide at the request of a client for budgeting purposes, or otherwise, can only be an approximation of potential fees.

BEST BEST & KRIEGER LLP
D- 3
Packet Page. 426

FIRST AMENDMENT TO

AGREEMENT FOR MUNICIPAL LEGAL SERVICES AND CITY ATTORNEY

SERVICES BETWEEN CITY OF SAN BERNARDINO AND BEST BEST & KRIEGER LLP
This First Amendment to the Agreement for Municipal Legal Services and City Attorney Services between the City of San Bernardino, a California charter city ("City") and Best Best & Krieger LLP, a limited liability partnership engaged in the practice of law (" BB& K") is dated June 19, 2019. The City and BB& K may hereafter be referred to individually as Party and collectively as Parties.

RECITALS
WHEREAS, on August 1, 2018, the City and BB& K entered into an Agreement for Municipal Legal Services and City Attorney Services (" Agreement"); and WHEREAS, under the Agreement, BB& K may provide the City with advice on code enforcement matters, which could include as -needed prosecution services; and WHEREAS, under the Agreement, code enforcement matters are treated as special legal services and are provided at the following current rates: $ 310 per hour for Partners and Of Counsel; $ 260 per hour for Associates; and $ 155 per hour for Paralegals and Law Clerks; and WHEREAS, the City currently has an agreement for City Prosecutor services with another law firm through June 30, 2019 and will require City Prosecutor services in addition to code enforcement assistance beyond that date should that current agreement not be renewed; and WHEREAS, the Parties now wish to amend the Agreement to establish a reduced rate for as -needed code enforcement legal services and City Prosecutor services.

AGREEMENT
Subdivision J of Section 3 ofExhibit A to the Agreement is hereby deleted.

2. Section 8 is hereby added to Exhibit A to the Agreement to read in its entirety as follows:

8. Cite Prosecutor and Code Enforcement. BB& K shall provide Client with code enforcement legal services and City Prosecutor services, if required, at the following rates:

All Attorneys $ 220.00 per hour
Paralegals $ 155. 00 per hour
Law Clerks $ 155. 00 per hour
The above rates shall be subject to Section 5 of this Exhibit A." Packet Page. 427

3. This First Amendment shall be effective beginning July 1, 2019.

4. Except as specifically stated herein, all other provisions ofthe Agreement remain in full force and effect.

5. This First Amendment may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the City and BB& K have executed this First Amendment as ofthe date first written above.

CITY OF SAN BERNARDINO
J
By:-- Date:

If Ledoux
Acting City Manager

BEST BEST & KRIEGER LLP
By:

Sonia R. Carvalho
Partner
Date:. Z % & ` i
2 Packet Page. 428
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AMENDMENT NO. 2 TO

AGREEMENT FOR MUNICIPAL LEGAL SERVICES AND CITY ATTORNEY

SERVICES BETWEEN CITY OF SAN BERNARDINO AND BEST BEST & KRIEGER LLP
This Amendment No. 2 to the Agreement for Municipal Legal Services and City Attorney Services is made and entered into as of August 5, 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Best Best & Krieger LLP, a limited liability partnership engaged in the practice of law (“BB&K”). City and BB&K are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and BB&K entered into an Agreement for Municipal Legal Services and City Attorney Services, dated August 1, 2018 (the “Original Agreement”).

B. WHEREAS, the City and BB&K entered into an Amendment No. 1 to the Original Agreement, dated June 19, 2019, for the purpose of establishing a reduced rate for as-needed code enforcement legal services and City Prosecutor services (“Amendment No. 1”).

C. WHEREAS, the Parties now desire to amend the Original Agreement in order to memorialize the Mayor and City Council’s unanimous decision to appoint Albert J. Maldonado as the City Attorney for the City of San Bernardino at their regular meeting held on July 15, 2026.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2 and the Original Agreement and Amendment No. 1, 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 3.3.2 of Original Agreement (Designated City Attorney).

Section 3.3.2 of Section 3.3 of the Original Agreement (Designated City Attorney) is hereby deleted in its entirety and replaced with the following language:
“3.3.2 Commencing August 5, 2026, Albert J. Maldonado shall be designated as City Attorney, and shall be responsible for the performance of all Services under this Agreement, including the staffing and supervision of Services performed by other members of BB&K. Andrew Saghian and Elleasse Taylor shall Packet Page. 429
-2-
be designated as Assistant City Attorneys, and shall attend such meetings as may be requested by the City Attorney. No change in these assignments shall be made without the consent of the Client, which may be granted or withheld in Client’s sole and absolute discretion.”

3. Amendment to Section 3.19 of Original Agreement (Delivery of Notices).

Section 3.19 of the Original Agreement (Delivery of Notices) is hereby amended, in part, to update the notice contact information for BB&K as follows:
“BB&K: Best Best & Krieger LLP
2855 East Guasti Road, Suite 400
Ontario, CA 91761
Attention: Albert J. Maldonado”

4. Full Force. Except as amended by this Amendment No. 2, all provisions of the Original Agreement, as amended by Amendment No. 1, 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.

6. Counterparts. This Amendment No. 2 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 430
-3-

SIGNATURE PAGE FOR
AMENDMENT NO. 2 TO THE AGREEMENT FOR MUNICIPAL LEGAL SERVICES

AND CITY ATTORNEY SERVICES BETWEEN CITY OF SAN BERNARDINO AND

BEST BEST & KRIEGER LLP
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
Eric Levitt
City Manager

BEST BEST & KRIEGER LLP
Albert J. Maldonado
Partner
Packet Page. 431

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: August 5, 2026
To: Honorable Mayor and City Council Members
From: Tanya Romo, Deputy City Manager
Michael Rosales, Senior Planner
Department: Community Development & Housing Department
Subject: Adoption of Ordinance No. MC – 1664 Specific Plan Amendment 23-01 and dissolution of Development
Agreement 08-02
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1) Adopt Ordinance No. MC – 1664 approving Specific Plan Amendment 23-01 amending the development standards and guidelines of the original development plan and reducing the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan (APNs: 0265-041-12, 0265- 051-12 and -13; 0265-061-16; 0265-011-06,-07, and -08; 0265-051-09; and 0265-021- 13) (Attachment 1) and 2) dissolving Development Agreement No. 08-02 (Attachment 1).

City Manager's Comments
The City Manager recommends approval of the adoption of the Ordinance and Specific Plan Amendment. Staff will be bringing back the policy on the hang gliding at an upcoming Council meeting.

Executive Summary
Adoption of Specific Plan Amendment 23-01 will modify the land use plan and reduce the development intensity and residential dwelling units allowed within the 404-acre site. This includes reducing the total number of residential units from 980 to 327, increasing the amount of preserved open space from 235 acres to 300 acres, and providing additional emergency access to the development for first responders. In addition, Development Agreement 08-02 will be dissolved and removed from the property title.

Background
Packet Page. 432
On December 10, 2025, the City of San Bernardino Development and Environmental Review Committee (DERC) voted to forward the project to the Planning Commission for consideration. On January 13, 2026, the Planning Commission recommended approval of the project to the Mayor and City Council.

On May 6, 2026, the Mayor and City Council considered Resolution No. 2026-042 for Subdivision 23-05, adoption of the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155), and Ordinance No. 1664 dissolving Development Agreement 08-02. Following public testimony, the Mayor and City Council unanimously continued the item to the June 3, 2026, regular meeting.

On June 3, 2026, the Mayor and City Council reconsidered Resolution No. 2026-042, the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155), and Ordinance No. 1664 dissolving Development Agreement 08-02. Following public testimony, the item was unanimously continued to the July 15, 2026, meeting.

At the public hearing held on July 15, 2026, the Mayor and City Council considered Resolution No. 2026-042 regarding Tract Map No. 20595 for Subdivision No. 23-05.

Following public testimony from the Applicant, Encore, and representatives of the Crestline Soaring Society, Council Member Ortiz made a substitute motion, seconded by Council Member Knaus, to amend the tract map by relocating two residential lots into the Lot B Open Space parcel and adding the following Condition of Approval:
"Prior to Final Map recordation, two lots (with at least one of them being Lot 327 of Tract Map No. 20595 presented to the Mayor and City Council on July 15, 2026) shall be removed from the tract map and may be relocated and incorporated into the Lot B Open Space parcel. Street lights shall be placed on the opposite side of the right-ofway from Lot B to encourage a safe hang-glider approach zone." The substitute motion also directed staff to prepare a policy pursuant to the authority in Chapter 12.88 of the San Bernardino Municipal Code (Streets, Sidewalks, and Public Places – Hand Gliding) to establish a designated flight path for the Crestline Soaring Society's hang-gliding activities. Staff plans to bring back to the August 19, 2026 regular meeting of the Mayor and City Council a resolution adopting such a policy.

During the public hearing, both the Applicant, Encore, and the Crestline Soaring Society expressed their agreement with the proposed Condition of Approval. The substitute motion was subsequently approved by a 5-1 vote, with Council Members Ibarra, Figueroa, Knaus, Flores, and Ortiz voting in favor and Council Member Shorett voting in opposition.

Discussion
On May 6, 2026 and continued to the June 3, 2026 and then continued again to the July 15, 2026 meeting; the Mayor and City Council introduced Ordinance No. MC – 1664 to amend the development standards and guidelines of the original development Packet Page. 433
of the University Hills Specific Plan, reduce the number of proposed single-family residential lots from 980 to 327, and dissolve Development Agreement 08-02. Pursuant to Section 19.74.040 (Council Action on Amendments), amendments shall be adopted by ordinance and therefore become effective thirty (30) days after the second reading and adoption. Specifically, the amendment would include the following changes:
• Reduce the number of Planning Areas from 24 to 4.
• Reduce the residential density of the Project from a maximum of 20 dwelling units per acre (du/acre) to 3 du/acre.
• Increase the amount of land preserved in perpetuity as open space from approximately 235 acres to approximately 300 acres, to better accommodate environmental site constraints, such as seismic and biological constraints. • Reduce the number of allowed residential dwelling units (DU) from 980 DU to 327 DU.
• Redesign of the conceptual park plans.
• Update the circulation plan to connect Badger Canyon Road south to Campus Drive and add additional emergency vehicle access roads. • Update of development standards and design guidelines to focus on singlefamily residential development.

In Addition, the applicant has requested that Development Agreement 08-02 be dissolved and removed from the property title. The previous developer failed to satisfy the required obligations of the 5-Year Performance Plan under Section 3.1.1, including acquiring off-site rights-of-way and submitting required construction and development plans. As a result, the agreement shall be terminated pursuant to Section 3.2.

Furthermore, the provisions of Development Agreement 08-02 are no longer applicable to the proposed Specific Plan Amendment. A Memorandum of Understanding will replace the expired agreement, and Planning Conditions of Approval have been incorporated into the Resolution to preserve California State University, San Bernardino's interests regarding access, maintenance, open space, and campus facilities.
2021-2025 Strategic Targets and Goals
Specific Plan Amendment 23-01 will add needed attainable housing in the City of San Bernardino. This aligns with Goal No. 3: Improved Quality of Life.

Fiscal Impact
Community Development and Housing fees in conjunction with Public Works fees come to approximately $1,606,930.00 in permits (base); and Community Fee District (CFD) fees will generate approximately $141,615 annually.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, 1) Adopt Ordinance No. MC – 1664 approving Specific Plan Amendment 23-01 amending the development standards and guidelines of the original Packet Page. 434
development plan and reducing the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan (APNs: 0265-041-12, 0265- 051-12 and -13; 0265-061-16; 0265-011-06, -07, and -08; 0265-051-09; and 0265- 021-13) (Attachment 1) and 2) dissolving Development Agreement No. 08-02 (Attachment 1).

Attachments
Attachment 1: Ordinance No. MC – 1664 (Approving SP 23-01 and Dissolution of Development Agreement 08-02)
Attachment 2: Ordinance No. MC-1664 Amendment to Specific Plan Notations – Exhibit A
Attachment 3: Ordinance No. MC-1664 Development Agreement Removal Justification Letter
Ward:

Fifth Ward
Synopsis of Previous Council Actions:

July 15, 2026 The Mayor and City Council approved and adopted Resolution 2026- 0042 approving Subdivision No. 23-05 (Tentative Tract Map No. 20595) and adopting the Addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) in compliance with the California Environmental Quality Act with a substitute motion.

The Mayor and City Council introduced Ordinance No. MC – 1664 (Approving Specific Plan Amendment 23-01 and the dissolution of Development Agreement 08-02) with a substitute motion.

Packet Page. 435
ORDINANCE NO. MC-1664
1 ORDINANCE NO. MC-1664

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING SPECIFIC PLAN AMENDMENT 23-01

AMENDING THE DEVELOPMENT STANDARDS AND

GUIDELINES OF THE ORIGINAL DEVELOPMENT

PLAN AND REDUCING THE NUMBER OF PROPOSED
SINGLE-FAMILY RESIDENTIAL LOTS FROM 980 TO
327 WITHIN THE UNIVERSITY HILLS SPECIFIC PLAN
(APNS: 0265-041-12, 0265-051-12 AND 13; 0265-061-16;
0265-011-06, 07, AND -08; 0265-051-09; AND 0265-021-13,

PURSUANT TO AN ADDENDUM TO THE FINAL

SUBSEQUENT ENVIRONMENTAL IMPACT REPORT

AND MITIGATION MONITORING AND REPORTING
PROGRAM (SCH #2007071155); AND DISSOLVE
DEVELOPMENT AGREEMENT NO. 08-02.

WHEREAS, the City of San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, In 1993, the City of San Bernardino Mayor and Common Council approved the Paradise Hills Specific Plan; and
WHEREAS, after adoption of the City of San Bernardino General Plan in 2005, The Paradise Hills Specific Plan was renamed the University Hills Specific Plan (SP-UH) via Resolution 2005-362 adopted November 1, 2005; and
WHEREAS, on November 17 2008, the Mayor and Common Council of the City of San Bernardino adopted Resolution No. 2008-422 certifying the Final Subsequent Environmental Impact Report (California State Clearinghouse No. 2007071155), adopting the Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, and approving Specific Plan 07-01 for the University Hills Specific Plan (SP-UH); and WHEREAS, Specific Plan Amendment 23-01 constitutes the University Hills Specific Plan Project ("Project"); and
WHEREAS, Specific Plan Amendment 23-01 is a request to amend the development standards and guidelines of the original development plan reducing the number of proposed singlefamily residential lots from 980 to 327 within the University Hills Specific Plan pursuant to an addendum to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155); and
Packet Page. 436
ORDINANCE NO. MC-1664
2 WHEREAS, The applicant has requested Development Agreement 08-02 to be dissolved and removed from the property title and project, and replaced with a Memorandum of Understanding exclusively between California State University San Bernardino and the Applicant, agreeing to preserve California State University San Bernardino intended protections and interests regarding roadway access, maintenance, open space access, and safeguards for campus facilities; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, Section 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, Section 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15164 (a) (Addendum to an EIR), the Addendum to the Final Subsequent Environmental Document was the appropriate environmental review procedure under CEQA, and accepted the Addendum to the FSEIR prepared by Kimly-Horn Environmental Consultants; and WHEREAS, On December 10, 2025 the Development and Environmental Review Committee of the City of San Bernardino recommended that Specific Plan Amendment 23-01 and the dissolution and removal of Development Agreement 08-02 from the property title, move to the Planning Commission for consideration; and
WHEREAS, on January 13, 2026 the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report. At the public hearing there was opposition to the “Project” via ten (10) speakers representing the Crestline Soaring Society a paragliding and hand gliding club, and community members Dolores Armstead and Bobby Long who spoke in opposition to the project. After the public comments, the Planning Commission deliberated and a motion was made by Commissioner Carlone and seconded by Commissioner Pratt to approve staff’s recommendation to move Specific Plan Amendment 23-01 and the dissolution of Development Agreement 08-02 to the meeting of the Mayor and City Council for the first reading on May 6, 2026. The motion was approved per Resolution 2026-001 by Commissioners; Carlone, I. Garcia, O. Garcia, Ngalande, Pratt, and Quiel. Commissioners Dailey and Lopez denied, and Commissioner Sherrick was absent. The item passed six (6) to two (2); and
WHEREAS, notice of the May 6, 2026 public hearing for the Mayor and City Council's consideration of this proposed Ordinance and the dissolution of Development Agreement 08-02 was published in The Sun newspaper on April 25, 2026, and was mailed to the owners and tenants of property located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, at the public hearing conducted by the Mayor and City Council, no additional information submitted to the City Council has produced substantial new information requiring substantial revisions that would trigger recirculation of the Addendum or additional environmental review under State CEQA Guidelines Section 15088.5; and Packet Page. 437
ORDINANCE NO. MC-1664
3 WHEREAS, at the public hearing conducted by the Mayor and City Council on May 6, 2026 the Crestline Soaring Society and community members Ron Alvarado and Mr. Les made comments of concern towards the project; and Lozeau Drury LLP contested the CEQA determination for the project; and
WHEREAS, at the public hearing conducted by the Mayor and City Council on May 6, 2026 the Mayor and City Council considered Ordinance No. 1664 and the dissolution of Development Agreement 08-02, and following public testimony, unanimously voted to continue Ordinance No. 1664 for Specific Plan Amendment 23-01 to the regularly scheduled June 3, 2026 meeting of the Mayor and City Council. The motion was made by Council Member Knaus and seconded by Council Member Sánchez; and
WHEREAS, at the public hearing conducted by the Mayor and City Council on June 3, 2026 the Mayor and City Council considered Ordinance No. 1664 and the dissolution of Development Agreement 08-02, and following public testimony, unanimously voted to continue Ordinance No. 1664 and the dissolution of Development Agreement 08-02 for Specific Plan Amendment 23-01 to the regularly scheduled July 15, 2026 meeting of the Mayor and City Council. The motion was made by Council Member Ortiz and seconded by Council Member Flores; and
WHEREAS, at the public hearing conducted by the Mayor and City Council on July 15, 2026, the Mayor and City Council considered Resolution No. 2026-042; and following public testimony from the Applicant, Encore, and the Crestline Soaring Society, Council Member Ortiz made a substitute motion, seconded by Council Member Knaus, to amend Tract Map No. 20595 for Subdivision No. 23-05 by relocating two lots and adding the following Condition of Approval:
"Prior to Final Map recordation, two lots (with at least one of them being Lot 327 of Tract Map No. 20595 presented to the Mayor and City Council on July 15, 2026) shall be removed from the tract map and may be relocated and incorporated into the Lot B Open Space parcel. Street lights shall be placed on the opposite side of the right-of-way from Lot B to encourage a safe hang-glider approach zone." The substitute motion also directed staff to establish a designated flight path for the Crestline Soaring Society's hang-gliding activities through a policy pursuant to Chapter 12.88 of the San Bernardino Municipal Code (Streets, Sidewalks, and Public Places – Hand Gliding).

Both the Applicant, Encore, and the Crestline Soaring Society agreed to the proposed Condition of Approval, and the substitute motion was approved by Council Members Ibarra, Figueroa, Knaus, Flores, and Ortiz, with Council Member Shorett voting no; and WHEREAS, pursuant to the requirements of Chapters 19.64 (Specific Plans) and 19.40 (Development Agreements) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Specific Plan Amendment 23-01 and the dissolution and removal of Development Agreement 08-02 from the property title.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

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

SECTION 2. Compliance with the California Environmental Quality Act. Based on the Packet Page. 438
ORDINANCE NO. MC-1664
4 Addendum, the EIRs, Environmental Findings, Mitigation Monitoring and Reporting Programs, the Statement of Overriding Considerations, and all related information presented to the City Council, the City Council finds that the preparation of a subsequent or supplemental EIR is not required because the modification specified in the Addendum: (1) does not constitute substantial changes to the Project that will require major revisions of the 2008 SFEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) does not constitute substantial changes with respect to the circumstances under which the Project is administered that will require major revisions of the 2008 SFEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and (3) does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the 2008 SFEIR was certified, that shows any of the following: (a) the modification will have one or more significant effects not discussed in the 2008 SFEIR; (b) significant effects previously examined will be substantially more severe than shown in the 2008 SFEIR; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City Council declined to adopt such measures; or (d) mitigation measures or alternatives considerably different from those analyzed in the 2008 SFEIR would substantially reduce one or more significant effects on the environment, but which the City Council declined to adopt.

SECTION 3. Findings of Fact – Specific Plan Amendment 23-01 Finding No. 1: The proposed amendment is consistent with the General Plan.

Finding of Fact: The University Hills Specific Plan (SP-UH) is a comprehensive land use and zoning document encompassing approximately 404 acres, of which approximately 42 percent (169.5 acres) were dedicated for construction of 980 residential dwelling units and related uses.

The balance of the UHSP included parks and recreational uses (10.2 acres), among streets, lighting, landscaping, natural open space (234.8 acres) to the north of the developed area, among other common features generally associated with residential communities.

Specific Plan Amendment 23-01 proposes to amend development standards and guidelines of the original development plan and reduce the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan. The following demonstrates how the “Project” meets the General Plan Goals and Policies:

Land Use Element

2.1 Preserve and Enhance San Bernardino’s Unique Neighborhoods. The University Hills Specific Land Use Plan is designed to be compatible with the surrounding residential and future commercial uses within the vicinity.

2.3 Create and Enhance Dynamic, Recognizable Places for San Bernardino’s Residents, Employees, and Visitors. The Specific Plan Design Packet Page. 439
ORDINANCE NO. MC-1664
5 Guidelines provide for the creation of unique, quality residential development.

2.5 Enhance the Aesthetic Quality of Land Uses and Structures in San Bernardino.

The Specific Plan Design Guidelines provide for the creation of unique, quality residential development.

Housing Element
Policy 1.3 Design Features. Require new and rehabilitated housing to be well designed, with appropriate attention to site planning, materials and colors, building treatments, landscaping, open space, parking, and sustainable green designs. The Addendum to the University Specific Plan will increase the amount of land preserved in perpetuity as open space, Update the Parks Plan, and update the circulation to accommodate the project.

Community Design Element

5.3 Recognize Unique Features in Individual Districts and Neighborhoods and Develop a Program to Create Unifying Design Themes to Identify Areas Throughout the City. The Specific Plan Design Guidelines provide for the creation of unique, quality residential and commercial development.

Circulation Element

6.1 Provide a Well-Maintained Street System. The interior local roads will be maintained by a homeowner’s association.

Parks, Recreational and Trails Element

8.1 Improve the Quality of Life in San Bernardino by Providing Adequate Parks and Recreation Facilities and Services to Meet the Needs of Our Residents. The University Hills Specific Plan (SP-UH) provides for a variety of private parks and open space.

Utilities Element

9.1 Provide a System of Wastewater Collection and Treatment Facilities that will Adequately Convey and Treat wastewater Generated by Existing and Future Development in the City’s Service Area. The University Hills Specific Plan provides for the creation of a wastewater system that will tie into existing facilities.

9.3 Provide Water Supply, Transmission, Distribution, Storage, and Treatment Facilities to Meet Present and Future Water Demands in a Timely and Cost-Effective Manner. The University Hills Specific Plan provides for the creation of a water system that will tie into existing facilities.

Packet Page. 440
ORDINANCE NO. MC-1664
6 9.4 Provide Appropriate Storm Drain and Flood Control Facilities where Necessary. The University Hills Specific Plan provides for the creation of a drainage system that will tie into existing facilities.

9.10 Ensure that the Costs of Infrastructure Improvements are Borne by those who Benefit. The infrastructure improvements required by the University Hills Specific Plan will be financed by the builder.

Safety Element

10.5 Reduce Urban Run-Off from New and Existing Development.

The Specific Plan Design Guidelines provide a variety of measures to reduce urban run-off, including a drainage basin and bio-swales.

Energy and Water Conservation Element

13.1 Conserve Scarce Energy Resources. The University Hills Specific Plan contains a chapter on Sustainable Guidelines to reduce energy and water use and conserve natural resources.

Noise Element

14.1 Ensure that Residents are Protected from Excessive Noise Through Careful Land Planning. Through site planning and construction techniques, residents will be protected from excessive noise.

Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: The proposed Specific Plan Amendment would establish a land use and development framework to serve as a marketing tool for attracting developers to key sites and for boosting economic development.

The Specific Plan is dedicated to creating a mixed-use neighborhood that compliments the surrounding community by type and quality of development. The project provides quality homes and options for interested parties looking to relocate to the area. Additionally, the University Hills Specific Plan promotes water and energy conservation through sustainable development requirements for drought tolerant landscaping, guidelines for implementing renewable energy sources for utilities, and creating a walkable and convenient neighborhood with open spaces for families to gather. Therefore, the proposed Specific Plan will not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City.

Finding of Fact: The original University Hills Specific Plan (SP-UH) adopted in November of 2008 was a comprehensive land use and zoning document encompassing approximately 404 acres, of which approximately 42 percent (169.5 acres) was dedicated to the construction of 980 residential dwelling units and related uses. The remaining area of the SP-UH included parks and Packet Page. 441
ORDINANCE NO. MC-1664
7 recreational uses (10.2 acres), as well as streets, lighting, landscaping, and natural open space (234.8 acres) located north of the developed area, along with other common features generally associated with residential communities. Specific Plan Amendment 23-01 proposes to amend the development standards and guidelines of the original development plan per the following:
• Reduce the number of Planning Areas from 24 to 4.
• Reduce the residential density of the Project from a
maximum of 20 dwelling units per acre (du/acre) to 3 per du/acre.
• Increase the amount of land preserved in perpetuity as open space to better accommodate environmental site constraints, such as seismic and biological constraints from
approximately 235 acres to approximately 300 acres.
• Reduce the number of allowed residential dwelling units (DU) from 980 DU to 327 DU.
• Redesign of the conceptual park plans.
• Update the circulation plan to connect Badger Canyon Road south to Campus Drive and add additional emergency
vehicle access roads.
• Update of development standards and design guidelines to focus on single-family residential development.

Therefore, as presented Specific Plan Amendment 23-01 is physically suitable for the requested land use designations and the anticipated land use developments, which would maintain the appropriate balance of land uses within the City.

Finding No. 4: The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood.

Finding of Fact: The University Hills Specific Plan (SP-UH) has been created with the great consideration for the surrounding neighborhood and future development of the Specific Plan area will create a low density, walkable neighborhood with open spaces for children and families to enjoy, while maintaining high quality design for the “Project” in whole. Specific Plan Amendment 23-01 proposes to amend the development standards and guidelines of the original development plan by reducing the number of Planning Areas from 24 to 4 and lowering the residential density of the Project from a maximum of 20 dwelling units per acre to 3 dwelling units per acre. The Amendment also increases the amount of land preserved in perpetuity as open space from approximately 235 acres to approximately 300 acres to better accommodate environmental site constraints, including seismic and biological constraints.

In addition, the Amendment reduces the number of allowed residential dwelling units from 980 to 327, includes a redesign of the conceptual park Packet Page. 442
ORDINANCE NO. MC-1664
8 plans, and updates the circulation plan to connect Badger Canyon Road south to Campus Drive while adding additional emergency vehicle access roads. Lastly, the Amendment updates development standards and design guidelines to focus on single-family residential development.

Finding No. 5: The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live.

Finding of Fact: The University Hills Specific Plan (SP-UH) has been created with consideration for the surrounding neighborhood, and future development of the Specific Plan area is intended to create a low-density, walkable neighborhood with open spaces for children and families to enjoy, while maintaining high-quality design for the Project as a whole.

Specific Plan Amendment 23-01 proposes to amend the development standards and guidelines of the original development plan by reducing the number of Planning Areas from 24 to 4 and lowering the residential density of the Project from a maximum of 20 dwelling units per acre to 3 dwelling units per acre.

The Amendment also increases the amount of land preserved in perpetuity as open space from approximately 235 acres to approximately 300 acres to better accommodate environmental site constraints, including seismic and biological constraints. In addition, the Amendment reduces the number of allowed residential dwelling units from 980 to 327, includes a redesign of the conceptual park plans, and updates the circulation plan to connect Badger Canyon Road south to Campus Drive while adding additional emergency vehicle access roads. Lastly, the Amendment updates development standards and design guidelines to focus on single-family residential development.

Therefore, The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live.

SECTION 4. Specific Plan Amendment 23-01, a request to adopt the amendment to the Final Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program (SCH #2007071155) and amend the development standards and guidelines of the original development plan reducing the number of proposed single-family residential lots from 980 to 327 within the University Hills Specific Plan, attached hereto and incorporated herein by reference as Exhibit A, is hereby approved.

SECTION 5. Development Agreement No. 08-02 is hereby dissolved and staff is authorized and directed to take any necessary steps in order to effectuate the dissolution.

SECTION 6. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this 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 of the State of California.

SECTION 7. Notice of Determination: The Planning Division of the Community and Development and Housing Department is hereby directed to file a Notice of Determination with Packet Page. 443
ORDINANCE NO. MC-1664
9 the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project.

SECTION 8. Severability: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 9. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Packet Page. 444
ORDINANCE NO. MC-1664
10 Albert Maldonado, City Attorney
Packet Page. 445
ORDINANCE NO. MC-1664
11 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 Ordinance No. MC-1664, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 15th day of July, 2026. Ordinance No. MC-1664 was approve passed and adopted at a regular meeting held the XX 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 ___ day of _________, 2026.

Telicia Lopez, CMC, City Clerk
Packet Page. 446
University Hills Specific Plan Page 1-1
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INTRODUCTION
Chapter 1: Introduction
Project Summary
Nestled in the foothills of the San Bernardino Mountains between the San Bernardino National Forest and California State University, San Bernardino (CSUSB), University Hills is a distinctive 404-acre residential community that offers a unique living environment with a direct and long-lasting relationship with, near to the University, with access to trails and open space, and where the majority of the site is left untouched.

DevelopmentThe City of San Bernadino originally adopted the University Hills Specific Plan in 2008. The original vision for the project area approved under the Specific Plan included a development of 980 residences consisting of estate, single-family detached, small lot detached, cluster court homes, townhomes and stacked flats.

Since the adoption of the original Specific Plan, a new vision for the property has been developed which envisions less density, a design that is more sensitive to physical site constraints, and additional conservation of open space. Therefore, the University Hills Specific Plan is being amended to revise the residential types and layouts, and to reduce the developed area resulting in the conservation of additional open space.

Under the Amended University Hills Specific Plan, development in University Hills is concentrated on the lower elevations of the site and encompasses only 4225 percent, or 104 acres of the total site (170 acres) while the remaining 5875 percent, 300 acres, remains as open space. natural, permanent open space (not including parks and open space areas within the developed 104 acres). This generous 235-acre open space area will be used by CSUSBpreserved as a laboratory to study the local biology, habitat, and geologynatural open space.

University Hills accommodates 980 residences 327 single family-detached housing on a variety of lot sizes, situated in several neighborhoodsa neighborhood, which areis set apart by open space corridors, drainage ways, and sloped areas, and is interconnected to surrounding open spaces by a series of pathways and roadways.

University Hills accommodates a range of living opportunities including estate, singlefamily detached, small-lot detached, cluster court homes, townhomes, and stacked flats. In addition, University Hills provides
four acres that will be dedicated to CSUSB
and can accommodate up to 60 units for
exclusive use as faculty housing.

University Hills also contains
approximately 10347 acres of parks,
including a 2-acre private community
clubhouse, 5-acre California Walnut Grove
Linear Park, two neighborhood parks,open
space. This total consists of 300 acres of
permanent natural open space and 47
acres of open space within the 2.1-acre
Glider Park, which provides a safe approach
zone fordeveloped area of the hang gliders
landing atSpecific Plan. Of those 47 acres,
approximately 8 acres are designated as
parks, and the adjacent Andy Jackson
Airparkremaining 39 acres consist of
parkways, landscaped slopes, water
quality basins, and other communityserving landscaped areas.

University Hills contains several significant
natural features that have led to a carefully
customized land plan. The San Andreas
Fault system runs the length of the project
and generally separates the developed and
undeveloped portions of the project. In
addition, several natural drainage ways
and sloped areas are located in University
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Mayor and City CouncilAugust 5, 2026

Mayor and City Council
August 5, 2026