Mayor and City Council
October 7, 2026

RESOLUTION NO. 2026-161

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY

OF SAN BERNARDINO, CALIFORNIA, APPROVING (SUBJECT TO

STATED CONDITIONS) A FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT WITH TRUEPOINT
SOLUTIONS, LLC, DBA GRAY QUARTER AND GOVPATH;
AUTHORIZING LIMITED PAYMENT FOR COMPLETED SERVICES;

AUTHORIZING PROSPECTIVE GWIZ IMPLEMENTATION AND
MANAGED SERVICES; AND ESTABLISHING A NOT-TO-EXCEED
AMOUNT
WHEREAS, the City of San Bernardino (“City”) and Gray Quarter, Inc. (“Gray”) entered into a Professional Services Agreement dated November 20, 2024, for Accela Civic Platform implementation services (“PSA”); and
WHEREAS, Section 5 of the PSA requires a written amendment executed before additional services are performed, and Section 14 prohibits assignment without the City’s written consent; and
WHEREAS, a Form W-9 identifies TruePoint Solutions, LLC as the legal tax entity, with Gray Quarter and GovPath as doing business as (“DBA”), and TruePoint has represented that it became Gray Quarter, Inc.’s successor through a merger; and WHEREAS, the City must receive documentation establishing that successor relationship before recognizing TruePoint as the Consultant and legal payee; and WHEREAS, before Council approval of an amendment, City staff and GovPath signed documents concerning an All Paid integration and extended post-go-live Business Licensing support ("Completed Additional Services"); and
WHEREAS, the City may prospectively authorize GWiz implementation only after applicable procurement, contracting, funding, and notice-to-proceed conditions are satisfied; and WHEREAS, the proposed First Amendment, Consent to Assignment, and Limited Ratification ("First Amendment") would increase the PSA’s compensation and extend the term through April 30, 2028; and
WHEREAS, the Mayor and City Council (“Council”) desires to approve the First Amendment and related actions subject to the conditions stated herein.

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Resolution No. 2026-161
Resolution No. 2026-161
October 7, 2026

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

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

SECTION 2. Conditional Approval of First Amendment. The Council approves the First Amendment as set forth in Exhibit A (attached hereto and incorporated herein by reference), subject to the conditions in this Resolution. The City Manager shall not execute the First Amendment until those conditions are satisfied and it contains the final execution date, funding allocation, approved scopes of work, and consistent terms.

SECTION 3. Adoption of Findings. The Council adopts the findings set forth in Exhibit B (attached hereto and incorporated herein by this reference). Exhibit B states the factual, legal, funding, and public-purpose determinations supporting this Resolution.

SECTION 4. Limited Ratification of Completed Additional Services. The Council ratifies acceptance of the Completed Additional Services solely to permit payment of their verified, accepted, reasonable, and nonduplicative value under Section 5. This limited ratification does not validate the prior staff-signed change orders, retroactively amend the PSA, waive any City right or remedy, or authorize any other past service.

SECTION 5. Payment Authorization. The Council authorizes payment for the All Paid integration (in the amount of twenty thousand one hundred sixty dollars ($20,160)) and extended post-go-live Business Licensing support (in the amount of forty-three thousand eight hundred seventy-five dollars ($43,875)), for an aggregate amount not to exceed sixty-four thousand thirtyfive dollars ($64,035), for the Completed Additional Services only after the City’s contract administrator verifies in writing that the services: (a) were actually performed and accepted; (b) benefited the City; (c) were not included in the original scope, stabilization, warranty, or defectcorrection obligations; and (d) are supported by itemized invoices, time records, and available appropriations. Payment may be made only to TruePoint Solutions, LLC, DBAs Gray Quarter and GovPath, after the City Attorney and Director of Finance and Management Services confirm in writing that it is the legally proper payee (subject to Section 6).

SECTION 6. Contractor Identity and Contract Transfer. Subject to approval of satisfactory merger or other successor documentation, the Council consents to transfer of the PSA from Gray Quarter, Inc. to TruePoint Solutions, LLC, DBAs Gray Quarter and GovPath. Upon that approval and execution of the First Amendment, TruePoint is the sole Consultant and contracting party and assumes responsibility for all obligations under the PSA (including Packet Page. 252
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October 7, 2026

obligations relating to prior services). The Form W-9 identifies TruePoint as the legal payee and Gray Quarter and GovPath as DBAs, but the W-9 alone does not establish the successor relationship. The City Manager may execute the First Amendment only after the City determines that the submitted documentation establishes the proper contracting entity and preserves responsibility for prior obligations; and the Risk Manager confirms that required insurance, registration, and related documentation are satisfactory.

SECTION 7. Prospective Additional Services. The Council authorizes the prospective GWiz implementation in an amount not to exceed fifty-eight thousand five hundred dollars ($58,500) and managed services in an amount not to exceed one hundred eighty-five thousand dollars ($185,000), subject to the following conditions: (a) staff documents compliance with applicable procurement requirements or a legally sufficient exception; (b) the First Amendment includes the final scope, current Managed Services quote, pricing, service levels, invoicing, and remedies; (c) the Director of Finance and Management Services confirms available funding; and (d) the City issues the required written notice to proceed. Managed services are a subscription and may be invoiced annually; City shall pay undisputed properly submitted invoices within forty-five (45) days after receipt subject to the PSA, this Resolution, and lawfully available appropriations.

No prospective work may begin before all conditions are satisfied.

SECTION 8. Agreement Amount and Term. The Council authorizes an increase of three hundred seven thousand five hundred thirty-five dollars ($307,535) to the PSA, establishing an aggregate amount not to exceed two million four hundred seven thousand eight hundred seventyone dollars ($2,407,871) (excluding the unresolved Public Works change order), and authorizes extension of the term through April 30, 2028. This amount is a ceiling, not a guarantee of payment.

No automatic renewal, rate increase, additional service, or work outside an approved scope is authorized.

SECTION 9. Funding Limitations. Before execution of the First Amendment, the Director of Finance and Management Services shall complete and certify the funding allocation in Exhibit C (attached hereto and incorporated herein by this reference). State and Local Fiscal Recovery Funds (“SLFRF”) may be used only for eligible costs that the City determines are within the substantially same scope and purpose of the timely obligated award and are incurred, performed, and accepted on or before December 31, 2026. SLFRF shall not be used for managed services.

Costs incurred after that date, or otherwise ineligible for SLFRF, may be paid only from an identified, lawfully available non-SLFRF appropriation. Nothing in this Resolution authorizes an unbudgeted expenditure or a transfer requiring separate Council approval.

SECTION 10. City Manager Authorization. The Council authorizes the City Manager or designee to execute the First Amendment and issue notices to proceed only after all conditions in this Resolution are satisfied. The City Manager may approve non-substantive or clarifying Packet Page. 253
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Resolution No. 2026-161
October 7, 2026

revisions approved as to form by the City Attorney that do not increase compensation, expand scope, extend the term, weaken City protections, alter the funding limitations, or otherwise materially change the transaction approved by the Council.

SECTION 11. California Environmental Quality Act ("CEQA"). The Council finds that adoption of this Resolution and approval of the First Amendment are not subject to CEQA under Public Resources Code section 21065 and CEQA Guidelines sections 15060(c)(2), 15060(c)(3), and 15378 because they constitute administrative and fiscal actions and information-technology services that do not have the potential to result in a direct or reasonably foreseeable indirect physical change in the environment.

SECTION 12. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction or is preempted by subsequent legislation, such decision shall not affect the validity of the remaining portions of this Resolution. The Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, and phrase irrespective of the fact that any one or more portions may be declared invalid or unconstitutional.

SECTION 13. Certification. The City Clerk shall certify to the passage and adoption of this Resolution, cause the same to be entered among the original resolutions of the City, and make a minute of the passage and adoption thereof in the records of the proceedings of the Council.

SECTION 14. Effective Date. This Resolution shall become effective immediately upon its adoption.

APPROVED and ADOPTED by the Council and signed by the Mayor, and attested by the City Clerk this 7
th day of October 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC
City Clerk
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Resolution No. 2026-161
Resolution No. 2026-161
October 7, 2026

Approved as to form:

Albert Maldonado
City Attorney
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Resolution No. 2026-161
Resolution No. 2026-161
October 7, 2026

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-161, adopted at a regular meeting held on the 7th day of October, 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 8 th day of October 2026.

Telicia Lopez, CMC, City Clerk
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FIRST AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO
AND

TRUEPOINT SOLUTIONS, LLC DBA GRAY QUARTER AND GOVPATH
This First Amendment to the Professional Services Agreement (“First Amendment”) is made and entered into as of October 7, 2026 (“Effective Date”), by and between the City of San Bernardino (a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401) (“City”) and TruePoint Solutions, LLC (a limited liability company doing business as Gray Quarter and GovPath with its principal place of business at 950 E State Highway 114, Suite 105, Southlake, Texas 76092 ) (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties”.

RECITALS
A. City and Gray Quarter, Inc. entered into a professional services agreement dated November 20, 2024 (“Agreement”), to provide Accela Civic Platform Implementation Services (“Services”); and
B. Consultant has provided a Form W-9 identifying TruePoint Solutions, LLC as the legal tax entity and Gray Quarter and GovPath as its “doing business as”, and has represented that it became Gray Quarter, Inc.’s successor through a merger; and C. This First Amendment shall not be effective as a contract transfer unless and until City receives documentation establishing that successor relationship and the authority of the signatory; and
D. Consultant has submitted invoices concerning AllPaid integration services, business licensing support, prospective GWiz implementation services, and prospective managed services; and
E. Any payment for completed AllPaid integration or business licensing support is subject to separate City approval and a completed-services certification confirming the services performed, benefit received, reasonable value, absence of duplication, funding availability, and the identity of the proper payee; and F. The Parties desire to amend the Agreement solely as stated below, including to establish conditions for prospective GWiz implementation and managed services, increase the not-to-exceed amount, and revise the term. No Public Works change order or other unlisted work is included in this First Amendment; and Packet Page. 257

G. The Parties acknowledge that any services funded with State and Local Fiscal Recovery Funds (“SLFRF”) remain subject to applicable Federal requirements, City funding determinations, and the restrictions stated in this First Amendment and Exhibit C.

NOW, THEREFORE, 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. Sections 2 (Services) and 4 (Compensation) of the Agreement are amended to incorporate revised Exhibit B (Additional Services and Managed Services) and revised Exhibit C (Contract Budget). The Parties shall treat the line-item caps and conditions in Exhibit C as limitations on, and not guaranteed payment of, the stated amounts. The Agreement is further amended as follows:
a. Services. Section 2 is amended as follows:
(1) A new subsection 2.a is added to read as follows: “Consultant shall also perform only the prospective additional services expressly described in revised Exhibit B. GWiz implementation and managed services may begin only after City issues a written Notice to Proceed for the applicable service. No additional service, change order, or expansion of scope is authorized unless approved in a written amendment or other written authorization signed by City officials with authority to bind City.” (2) A new subsection 2.b is added to read as follows: “In the event of a conflict, this First Amendment controls over the Agreement; the Agreement controls over Exhibit C; and Exhibit C controls over Exhibit B. Vendor quotes, proposals, purchase orders, online terms, click-through terms, and other vendor terms are incorporated only to the limited extent expressly stated in this First Amendment and do not modify City rights, remedies, payment obligations, indemnity, insurance, dispute-resolution, governing-law, or other Agreement terms. No external vendor terms are binding on City unless separately approved in a writing signed by an authorized City representative. b. Compensation. Section 4 is amended as follows:
(1) Subsection 4.b is revised by replacing the sum of
“$2,100,336” with the following language: “$2,407,871, subject to the funding limitations and line-item caps in Exhibit C. This increase does not authorize any payment unless all applicable contractual, procurement, funding, and acceptance requirements are satisfied.”
(2) A new subsection 4.c is added to read as follows: “The $20,160 All Paid integration amount and the $43,875 business licensing-support amount are reserved solely for completed-services payments that City separately approves after the certification. Neither amount validates unauthorized work, duplicates work already required under the Agreement, or relieves Consultant of its obligations to correct deficient work.”
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(3) A new subsection 4.d is added to read as follows: “The $58,500 GWiz implementation amount and the $185,000 managed-services amount are prospective only. Consultant shall not perform, and City shall not owe payment for, either service before issuance of the applicable written Notice to Proceed. Consultant shall invoice City annually for Managed Services. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice.” (4) A new subsection 4.e is added to read as follows: “Each invoice must identify the applicable line item, the service period, personnel and hours (if applicable), deliverables or ticket activity, and any other documentation reasonably required by City. City shall pay undisputed, properly submitted invoices in accordance with the Agreement and applicable law.”
(5) A new subsection 4.f is added to read as follows: “City shall determine the funding source for each approved service and may use State and Local Fiscal Recovery Funds (“SLFRF”) only to the extent City determines the obligation and expenditure are eligible and timely under applicable federal requirements. Consultant shall provide documentation reasonably requested to support City's funding, accounting, and compliance determinations. Nothing in this First Amendment obligates City to use SLFRF, alters the source of funds for previously incurred costs, or authorizes payment in the absence of lawfully available and appropriated funds.” c. Term. Section 6 is revised by replacing the date “June 30, 2027” with the date “April 30, 2028” and adding the following language at the end: “The term shall not automatically renew, and no price escalation, renewal, or extension is effective without a further written amendment approved by City and subject to appropriated funds.” d. Contract Transfer and Consultant Identity. Section 14 is revised by adding the following language at the end: “Subject to City’s receipt and approval of documentation establishing the asserted merger or other successor relationship, City consents to the transfer of the Agreement from Gray Quarter, Inc. to TruePoint Solutions, LLC, doing business as (“DBA”) Gray Quarter and GovPath (“TruePoint”). Upon that approval, TruePoint is the sole Consultant and contracting party under the Agreement and assumes responsibility for all obligations and liabilities arising under the Agreement (including obligations relating to services performed before this First Amendment’s Effective Date). The Form W-9 identifies TruePoint as the legal payee and Gray Quarter and GovPath as DBAs; however, no payment may be made to TruePoint until City confirms that it is the legally proper payee and all required insurance, business registration, and related documentation are satisfactory. References to Gray Quarter or GovPath after the transfer are references to TruePoint’s DBAs and do not create a separate contracting party.”

3. Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain in full force and effect, and shall govern the actions of the Parties under this First Amendment. Whenever the term “Agreement” appears in the original Agreement from and after the date of this First Amendment, it shall mean the Agreement as amended.

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4. Electronic Transmission. A manually signed copy of this First Amendment which is transmitted by facsimile, electronic mail, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this First Amendment for all purposes. This First Amendment may be signed using an electronic signature.

5. Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment on the Effective Date.

CITY OF SAN BERNARDINO
Approved By:

Eric Levitt
City Manager
Attested By:

Telicia Lopez, CMC
City Clerk
Approved as to Form:

City Attorney
Best Best & Krieger LLP

TRUEPOINT SOLUTIONS, LLC DBA

GRAY QUARTER AND GOVPATH
[__________]
[__________]
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1) EXHIBIT B
2) TRUEPOINT MANAGED SERVICES
This exhibit is bound by the terms of the “TRUEPOINT MANAGED SERVICES TERMS” and describes the specific level of managed services that will be provided to the Client.

1. Managed Services.

1.1 Tier 2/3. TruePoint will provide remote Tier 2/3 support to Client administrators only and provide incident, problem, task, and question resolution services. Administrators with permission to request support shall not exceed 5 named users. Client can add or remove named Administrators should staffing change on Client side.

2. Service Level Agreements.

2.1 Covered Items. TruePoint will work to provide resourcing to meet timelines established for ticket resolution based on the severity of ticketing and type of ticketing. TruePoint will support all components of the approved in use production configuration of the Accela Civic Platform SaaS solution. TruePoint will prioritize the existing open tickets listed in Attachment 2 to Exhibit B.

2.2 Types. The type of ticket is the initial determination on how a ticket will be processed and SLA assigned.
• Incident and Problem. These types of tickets are worked with the highest priority and are items that were working and are now broken or causing business disruptions.
• Tasks. These types of tickets are worked with second highest priority and are minor enhancement tasks or modifications to the supported configuration.

Enhancements in the scope of Managed Services are estimated as low to moderate complexity tasks that can be completed by a single person and meet the following requirements.
• Task submitted must include clear requirements and acceptance criteria.
• Task must be single discipline items (ex. System Configuration, ACA Configuration, Report, or EMSE Script).
• Task submitted must be possible to complete in the system at time of submittal and not depend on another open task or pending feature. As an example, you may submit a request for a configuration change, then after configuration is complete and in production you may submit a new task for a report on the new configuration. You may not submit both tasks concurrently as the report would not be possible until the task for configuration is completed.
• Questions. These types of tickets are general questions about the Accela Civic Platform Solution and will be completed as availability.

2.3 Classification. The type of ticket is the initial determination on how a ticket will be processed and SLA assigned.
• Urgent. This classification is for ticket items and is reserved for Incident and Problem Packet Page. 261

types only and indicates that business is severely affected or cannot continue. (ex. A workflow is broken and cannot issue a building permit).
• High. This classification is for ticket items that are time sensitive in nature and should be completed by the next Standard Release. (ex. A fee schedule change that goes into immediate effect).
• Normal. This classification is used for the bulk of tickets and is for normal requests for support or changes to the system. (ex. Add a new workflow task for Police Department review).
• Low. This classification is used for non-time sensitive tasks, that can be completed as staffing time permits. (ex. Disable right of way permit that is no longer used in the system.)

2.4 Response and Resolution Times. The following response and resolution times will be used. In the event request exceed capacity the follow priority for resolution will be First Classification, then Incidents and Problems, Task, and Questions.
• Urgent. Initial Response two (2) hours, Estimation Response four (4) hours, Resolution one (1) business day. Eligible for Emergency Hotfix Release. • High. Initial Response four (4) hours, Estimation Response eight (8) hours, Resolution five (5) business days. Eligible for Emergency Hotfix Release. • Normal. Initial Response one (1) business day, Estimation Response two (2) business days, Resolution ten (10) business days. Release during next standard release after resolution.
• Low. Initial Response two (2) business days, Estimation Response four (4) business days, Resolution twenty (20) business days. Release during next standard release after resolution.

3. Requesting Support.

3.1 Web. (Preferred) TruePoint shall provide access to an online portal https://help.grayquarter.com that allows Client to submit and classify tickets. This is the preferred method of support request by TruePoint as it allows for accurate classification of tickets and SLA tracking.

3.2 Phone. TruePoint shall provide access to a monitored phone line 1-805-819-5820 during normal business hours.

3.3 Email. TruePoint will create tickets and follow up via email when submitted to [email protected]. Email initiated tickets will be initially processed as normal priority.

4. Release Support.

4.1 Standard Release. TruePoint will establish a standard release schedule which will be used to promote all approved configuration to production. (ex. First Thursday of every month). During this release window all approved configurations will be promoted from non-production environments into production.

4.2 Emergency Release. TruePoint will assist customers with up to one (1) emergency release per quarter. Only Urgent severity tickets will qualify for emergency release consideration.

4.3 Active Implementations. Any challenges stemming from an active implementation must be Packet Page. 262

vetted by Client Tier 1 staff before being assigned to Tier 2 Managed Services.

5. Business Hours.

5.1 Standard. TruePoint shall provide staffing between the hours of 7:30 AM and 5 PM Pacific Time.

5.2 After Hours Support. TruePoint shall provide one after-hours session per month for the purpose of deploying Standard Releases into the production environment. TruePoint will provide one after-hours emergency hotfix release into a production environment depending on staff availability.

5.3 Holiday. TruePoint staff observe the following 10 holidays. A calendar can be provided for specific dates on an as needed basis.
• New Years’ Day
• Washington’s Birthday
• Memorial Day
• Independence Day
• Labor Day
• Indigenous People/Columbus Day
• Veterans Day
• Thanksgiving Day
• Day After Thanksgiving
• Christmas Day

6. System Access.

6.1 Accela Civic Platform Solution. Client will provide named user with admin level access to TruePoint for the purpose of supporting the environment.

6.2 Reporting Database. Client will provide TruePoint with Accela Civic Platform reporting access if necessary. Client agrees that support tickets dependent on database copies may be delayed due to time required to back up and restore databases.

6.3 Reporting Files. Client will provide TruePoint with access to the repository or the latest copy of all SSRS and/or Crystal Report files that are in use with Accela Civic Platform.

6.4 EMSE Scripting. Client will provide TruePoint access to any existing EMSE Scripting repositories.

If no script repository exists, Client agrees that TruePoint may create its own script repository and link it to Client Accela Civic Platform environment for the purpose of providing support.

7. Governance.

7.1 Monthly Meeting. TruePoint will participate in a monthly remote meeting with Client stake holders to review performance of TruePoint Managed Services, discuss problem tickets, discuss upcoming Accela Civic Platform related releases, and align with Client initiatives.

8. Compensation and Payment.

8.1 See Attachment 1 to Exhibit B
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9. Term.

9.1 Term. The initial term for Managed Services shall begin on October 19, 2026, and end on April 30, 2028.

9.2 Renewal. At the end of current term the Client shall have the option to renew at existing rate plus no more than 7% increase per year tied to CPI.

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ATTACHMENT 1 TO EXHIBIT B
Vendor Quote
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ATTACHMENT 2 TO EXHIBIT B
Existing Open Support Tickets
Request Issue Details
1975 Status Statuses are still being updated when in Temporary issued which should not be happening.
17161 Online Renewals
Fees- Penalties
Online renewal submissions are not being charged penalty when submitting renewal requests late
18102 Process for
Waiving Penalties
Customer is assessed a penalty. Payment comes in, payment is applied to penalty first. At some point, penalty may be waived. Need a way to reapply the $$ from the penalty to the regular fee owed. Original fee $64 penalty $30 Customer Sends $64 Apply $30 customer sends $64 Aply$30 of $64 to penalty and pay the remaining $34 to other balances the later may waive penalty. Should be able to void the penalty fee.

Then should show an unapplied amount. Then you can apply to the correct amount. Need this to reflect the correct payment date and person.
18280
License Track
Contacts Not
Converted
Contacts not converted
19161 Payment Void
This issue was mentioned but we do not believe a ticket was entered for it when we brough it up. When voiding a payment in a renewal record, once void is completed is there a way for the renewal status as well as the main record status to revert back to what it was previously?
19212
Duplicate
Renewals Being
Created
Citizens are going online and attempting to create renewals but are not successful. In back office when we go into the account, under the renewal tab a tmp record is displayed. When we click in it to try to finish the process for them, tmp record disappears and a new renewal has to be processed. The tmp record is then converted to a random REG-REN record and just exists in Accela. See record 77810 that has 2 renewal records, RegRen-004469 and 77810-Ren.001 and record 930197 that still just shows the 26tmp-005419.
19320
Renewal Payments
Submitted without
Review
I don't know if this is an isolated issue, but it needs to be fixed asap. I was on phone with customer who was attempting to renew record 977960. The system allowed her to submit
renewal and make payment without it coming back to us first.

We need to be able to review the renewal and invoice them because you have not yet fixed the penalty issues. Luckily this account does not owe a penalty, but other accounts may have been able to pay without paying penalty.
19340 Renewals
Customers are attempting to submit renewals but cannot
complete the transactions by leaving the temp records in the system. When we try and finalize on our end with the same temp record it disappears or it creates a whole new one. I have had it create the reg-ren record (see screenshot) and then once I attempt to go into the account it gives me an error. I have tried logging out and going back in and still getting the error (see screenshot).

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19450 Sarch by Payment
Report is not producing the data accurately. I've submitted lets say January time frame, but it does miscellaneous dates and almost always there is only 3000 payments being displayed. 19452 Parcels
Parcels are not appearing on the renewals/ delinquents nor on the inspector letters. Parcels need to be displayed on letters (specifically Vanessa's letters).
19453 Priior Year
Adjustments
Have the system detect and calculate if an account owes a prior year adjustment. First year’s gross determines how much the fee will be that first year and the following. If the first year they paid less than what was collected that first year, then the customer would have to pay the difference of that first year plus the current fees owed.
19472
License Issuance
when a Balance is
Due
Is there a way for us to receive a notification when we attempt to workflow an account to active when there is a balance due on the account?
19566 No Renewal
Geneatedd
I have received a couple of calls for accounts that never received renewal notices but should have. They have an
expiration date of 6/30/2026 but they are still in active status. I had to manually change their expiration status to about to expire and also set workflow to about to expire, then emailed them their renewal notices. The record I delt with today was 75966 but I did a search and found more than 25 more
accounts. 65318,8204,935711,58546,201993 are just some of them. I can't tell if there is something about these accounts that may have caused them to get stuck, but it is concerning that there may be some for other months. Can we have someone look into this please?
19605
Multiple Contacts
Being Added to
Account
Customer is assessed a penalty. Payment comes in, payment is applied to penalty first. At some point, penalty may be waived. Need a way to reapply the $$ from the penalty to the regular fee owed.

Original fee $64
Penalty $30
Customer sends $64
Apply $30 of $64 to penalty and pay the remaining $34 to the other balance.

Then later may waive penalty.

Should be able to void the penalty fee. Then should show an unapplied amount. Then you can apply to the correct amount.

Need this to reflect the correct payment date and person. 19667 Duplicate renewals2
Record 972171 has two renewals records created. When I
went into the record and to the renewal tab, I invoiced fees from that tab which is record reg-ren-006931 however there is also a 972171-ren.oo1 record. I was under the impression that the 972171-ren.001 is the one that should be attached to the renewal tab. This situation is a bit different than ticket 19212 because neither records were ever temp records.

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19683 Primary Contact
We requested that the business name contact automatically be listed as primary since the record can only be queried by the business address if it is listed as primary. It was automatically setting it as primary after the request, but it is no longer doing so. I am not exactly sure when it stopped working but noticed it today when a customer called to check on the status of his application. His business name was changed to "undefined" so I could not look him up by business name and when I tried the address, it did not bring up results. I finally found his account by contact name. See record REG-LIC-001512. I updated all contacts for this specific account, but you can also see account REG-LIC-01564 or any other new record if you need an
example.
19708 Sets
For the Sets, I notice that there is a way to mass set the status to one of the others example: From Temporary to Active. My question is, is there a way to also add the expiration status to do a mass update? Kind of like a was workflow update?
19732 Delinquent Status
Discrepency
Status do not seem to be updating to delinquent sent. Please see SET ID: LUIS DELINQUENT 4/30/26 A where all expire
4/30/2026 yet some were left in about to expire while others are set to delinquent notice sent.
19733 Delinquent SetsInspectors
SET ID: 75DLQ2N-RODLU-06152026 is not producing the
correct notices. If you note in this set there are only 5 accounts and they do not have the correct expiration date nor status.

What the list should actually look like is SET ID: LUIS DELINQUENT 4/30/26. A same issue is happening to the 90 day reports and the acp reports.

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EXHIBIT C
Contract Budget
Description Total Cost
Accela Civic Platform Implementation $2,100,336
Managed Services $185,000
AllPaid Integration Change Order $20,160
Extended post-Go Live support for Business Licensing Change Order $43,875
GWiz Implementation Change Order $58,500
Total Cost $2,407,871
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 $2,164,371.

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Exhibit B Page 1 of 2

EXHIBIT B

MAYOR AND CITY COUNCIL FINDINGS
The Mayor and City Council (“Council”) of the City of San Bernardino (“City”) finds and determines as follows:

A. The City possesses legal authority to procure land-management-system implementation, integration, support, and related information-technology services, subject to applicable contracting and procurement requirements.

B. The City requested the All Paid integration and Business Licensing support identified as the Completed Additional Services. Payment is authorized only after the required performance, acceptance, value, nonduplication, documentation, funding, and proper-payee findings are made.

C. The sixty-four thousand thirty-five dollars ($64,035) amount is a maximum, not an automatic payment obligation. Any payment is limited to the verified reasonable value of completed, accepted, and nonduplicative services.

D. Payment for verified and accepted services serves a valid municipal and public purpose and does not constitute a gift of public funds because the City receives adequate consideration.

E. The failure to obtain a duly executed amendment before the Completed Additional Services were performed is a contracting defect that the limited ratification does not excuse, validate, or establish as precedent.

F. The Original Agreement cannot be retroactively amended to authorize services already performed. The First Amendment governs only prospective services from and after its effective date, except for the limited payment authority stated in this Resolution.

G. The prior staff-signed change-order documents did not independently amend the Original Agreement. This Resolution does not validate those signatures, waive any City claim or defense, authorize any other past service, or establish that stated amounts are due.

H. The Form W-9 identifies TruePoint Solutions, LLC as the legal tax entity and Gray Quarter and GovPath as doing business as (“DBA”). TruePoint has represented that it became Gray Quarter, Inc.’s successor through a merger. The City may recognize TruePoint as the Consultant and legal payee only after receiving documentation establishing that successor relationship and confirming that TruePoint assumes responsibility for prior obligations. The City must also confirm that required insurance, City business registration, and related documentation are satisfactory. After those conditions are met, references to Gray Quarter or GovPath are references to TruePoint’s DBAs and do not create a separate contracting party.

I. GWiz implementation (in an amount not to exceed $58,500) and Managed Services (in an amount not to exceed $185,000) are prospective and may begin only after applicable procurement, contracting, funding, and written Notice to Proceed conditions are satisfied.

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Exhibit B Page 2 of 2
Managed Services are a subscription; annual invoicing may be authorized only under the final approved agreement terms and applicable appropriations.

J. The three hundred seven thousand, five hundred thirty-five dollars ($307,535) increase and two million, four hundred seven thousand, eight hundred seventy-one dollars ($2,407,871) not-to-exceed amount (excluding the unresolved Public Works change order) require Council approval. This Resolution does not authorize contract splitting or work beyond the approved scope and amount.

K. State and Local Fiscal Recovery Funds (“SLFRF”) may be used only after the required eligibility and scope-and-purpose determinations are made and only for eligible costs incurred, performed, and accepted on or before December 31, 2026. Managed Services shall not be funded with SLFRF. An identified non-SLFRF appropriation must cover later or ineligible costs.

L. This Resolution addresses the specific circumstances presented and does not create an exception to the City Charter, Municipal Code, Purchasing Policy, Federal-funding requirements, or other applicable law.

M. Conditional approval of the First Amendment, limited payment authority for Completed Additional Services, and conditional authorization of prospective services are necessary and in the City's best interests because they preserve continuity while requiring defined scope, payment, funding, acceptance, procurement, and accountability controls.

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Resolution No. 2026-162
Resolution No. 2026-162
October 7, 2026

RESOLUTION NO. 2026-162

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE REALLOCATION OF $64,035.00 IN

PREVIOUSLY ALLOCATED AMERICAN RESCUE PLAN

ACT (ARPA) FUNDS FROM THE HOSTED SERVICES

AGREEMENT WITH GRAY QUARTER TO THE

PROFESSIONAL SERVICES AGREEMENT WITH
TRUEPOINT SOLUTIONS, LLC.

WHEREAS, the City of San Bernardino (City) received an allocation of State and Local Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act of 2021 (ARPA), and in 2021, 2022, 2023, and 2024, the Mayor and City Council allocated ARPA funds to eligible projects in accordance with U.S. Department of the Treasury (Treasury) rules and guidance; and WHEREAS, ARPA funds were required to be obligated by December 31, 2024, and must be expended by December 31, 2026; and
WHEREAS, on November 20, 2024, the City entered into a Professional Services Agreement with Gray Quarter Inc. for implementation of the City's Land Management System (Professional Services Agreement), and a Hosted Services Agreement with Gray Quarter Inc. for software licenses that add functionality to the Land Management System (Hosted Services Agreement), both as part of the Land Management System Implementation Project (Project); and WHEREAS, Gray Quarter Inc. has since merged with TruePoint Solutions, LLC (TruePoint), and TruePoint has assumed the Professional Services Agreement and the Hosted Services Agreement; and
WHEREAS, prior to December 31, 2024, the City obligated ARPA funds under both the Professional Services Agreement and the Hosted Services Agreement and reported those obligations to Treasury under the Project; and
WHEREAS, $64,035 in ARPA funds obligated under the Hosted Services Agreement will not be expended by December 31, 2026, and are available to be reallocated to the Professional Services Agreement; and
WHEREAS, Treasury guidance, including SLFRF Frequently Asked Questions 17.16 and

17.19, permits a recipient to use ARPA funds obligated by December 31, 2024, but not expended to cover increased costs under a contract entered into by that date, when the costs are attributable to change orders or amendments within substantially the same scope and for substantially the same purpose as the original contract; and
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Resolution No. 2026-162
Resolution No. 2026-162
October 7, 2026

WHEREAS, the Professional Services Agreement provides for change orders, and the increased costs attributable to Change Orders 2 and 3, which are incorporated into the Professional Services Agreement by Amendment No. 1, are within substantially the same scope and for substantially the same purpose as the original Professional Services Agreement, and WHEREAS, the reallocation will not change the total amount of ARPA funds obligated to the Project or the City's total ARPA obligations as reported to Treasury as of December 31, 2024, and the reallocated funds will be expended by December 31, 2026; and WHEREAS, staff recommend that the Mayor and City Council approve the reallocation of $64,035 in previously obligated ARPA funds from the Hosted Services Agreement to the Professional Services Agreement.

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 $64,035.00 in American Rescue Plan Act (ARPA) funds previously obligated under the Hosted Services Agreement with Gray Quarter Inc. to the Professional Services Agreement with TruePoint Solutions, LLC.

SECTION 3. The Mayor and City Council hereby authorize the Director of Finance and Management Services to increase the purchase order for the Professional Services Agreement with TruePoint Solutions, LLC (formerly Gray Quarter Inc.) by $64,035.00.

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.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7
th day of October 2026.

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Resolution No. 2026-162
Resolution No. 2026-162
October 7, 2026

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Albert Maldonado, City Attorney
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Resolution No. 2026-162
Resolution No. 2026-162
October 7, 2026

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-162, adopted at a regular meeting held on the 7 th day of October, 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 8 th day of October 2026.

Telicia Lopez, CMC, City Clerk
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02/12/2026
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GovPath | 950 East State Highway 114, Suite 105 Southlake, TX 76092 | (916) 259-1293 | www.GovPath.tech Project Change Order 3
prepared for City of San Bernardino, CA
Date Author Version Changes
01/13/2026 Malyssa Jackson 1.0 Initial
Docusign Envelope ID: C5A995BD-494A-4AA7-8C83-F9212744DED6 Packet Page. 280

GovPath | 950 East State Highway 114, Suite 105 Southlake, TX 76092 | (916) 259-1293 | www.GovPath.tech Overview
This Change Order (3) is a change to the Agreement between the City of San Bernardino (“Client”) and TruePoint Solutions, dba: GovPath (“Provider”) signed October 28th, 2024 Description of Additional Services
GovPath to deliver extended post-Go Live support for Business Licensing, including analysis, configuration adjustments, defect triage, report/notice fixes, and coordination with Client stakeholders and third-party vendors as needed.

Deliverables & Outcomes
- Resolved or mitigated high priority issues affecting Business Licensing operations. - Updated configuration and scripts (as applicable) deployed to production following Client’s validation and approval
- Prepared detailed fix documentation and knowledge‑transfer notes to support handoff to the long‑term support team
Term & Schedule
Work to begin January 19
th, 2026 and continue through March 31st, 2026.

Client Responsibilities
- Client will provide timely access to SMEs, and decision makers. - Client will enter all requests into Jira with a detailed description, steps to reproduce, record numbers, and screenshots.
- Prioritization of critical items will be jointly managed via the project backlog and weekly stand-ups. - Any new scope items discovered that exceed the authorized NTE hours will be proposed in a subsequent Change Order for approval.

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GovPath | 950 East State Highway 114, Suite 105 Southlake, TX 76092 | (916) 259-1293 | www.GovPath.tech Cost Changes
This Change Order is billed as time & materials based on 225 hours at a rate of $195 per hour, for a total of $43,875. The full amount will be invoiced upon execution of this Change Order. No additional charges will apply unless the Client requests out‑of‑scope work, which will require a separate authorization.

Invoicing will follow the terms of the underlying Agreement (e.g., monthly in arrears; standard payment terms). Timesheets will reflect actual hours worked.

Signatures
True Point Solutions City of San Bernardino, CA
Authorized Signature Authorized Signature
Printed Name
Larry Cooper
Printed Name
Gabriel Elliott
Title
Chief Operating Officer
Title
Director - Community Development & Housing
Department
Date Date
Docusign Envelope ID: C5A995BD-494A-4AA7-8C83-F9212744DED6 1/14/2026 1/14/2026
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1 | P a g e

Project Change Order # 5
prepared for City of San Bernardino CA
Document Control
Date Author Version Changes
9/3/26 Malyssa Jackson 1.0 Initial

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Table of Contents
Document Control................................................................................................................................... 1 Table of Contents .................................................................................................................................... 2 Overview................................................................................................................................................. 2 Description.............................................................................................................................................. 2 Objectives ............................................................................................................................................... 2

Overview
This Change Order #5 is a change to the Agreement between City of San Bernardino CA (“Client” and TruePoint Solutions, dba: GovPath (“Provider”) signed October 28th, 2024.

Description of Additional Services
Additional services are required to complete solution-specific discovery, design validation, system configuration, testing, and implementation activities. Due to changes in project direction and timing, the originally planned schedule windows for these activities have already passed, requiring the project team to revisit and re-execute portions of the analysis, design, and implementation effort to successfully deliver the solution. Services will include:
• GWiz requirements analysis and discovery
• Business process and workflow review
• Solution design validation
• GWiz configuration and implementation
• Stakeholder review and feedback sessions
• System testing and validation
• Configuration refinement and issue resolution
Client Responsibilities
• Designate project stakeholders and subject matter experts (SMEs) to participate in GWiz discovery, requirements gathering, design review, and testing activities. • Provide timely access to required business process documentation, forms, workflows, data elements, and other information necessary to support solution design and configuration. • Participate in requirements validation and configuration review sessions and provide feedback within agreed-upon timeframes.
• Review and approve documented business requirements, configuration decisions, and design recommendations.

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• Identify and communicate business rules, operational procedures, and reporting requirements necessary for GWiz implementation.
• Support testing and validation activities, including execution of user acceptance testing and verification of configured functionality.
• Provide consolidated feedback, issue prioritization, and approval of defect resolutions during validation activities.
• Complete all requested reviews, decisions, and approvals in a timely manner to avoid impacts to project schedule and delivery timelines.
• Ensure appropriate staff availability and participation throughout implementation and validation activities.
• Provide final acceptance of the configured GWiz solution upon successful completion of testing and validation.
• The Customer is responsible for providing resources and participation necessary to complete User Acceptance Testing (UAT), deployment readiness reviews, and production go-live preparation activities as scheduled in the current project plan. Additional services may be required if these activities occur outside of the approved project timeline.

Cost Changes
This Change Order adds 300 hours of professional services at a rate of $195 per hour to support GWiz discovery, configuration, testing, and implementation activities, for a total cost increase of $58,500 billed time and materials.

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GovPath City of San Bernardino, CA

Authorized Signature Authorized Signature

Printed Name Printed Name

Title Title

Date Date
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August 28, 2024 – Gray Quarter, Inc. Page 1 of 63

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND GRAY QUARTER, INC.

This Agreement is made and entered into as of November 20, 2024 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Gray Quarter, Inc. a CA Corporation with its principal place of business at 8575 Morro Rd, Atascadero, CA 93422 (hereinafter referred to as “Consultant”).

City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

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

Accela Civic Platform Implementation (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 287
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Consultant under this Agreement exceed the sum of $2,100,336. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing.

6. Term. This Agreement shall commence on the Effective Date and continue through June 30th, 2027 unless the Agreement is previously terminated as provided for herein (“Term”).

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

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

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 288
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circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

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

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

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

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 289
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whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

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

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

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

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

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

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

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(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the
professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A: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. l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification.

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(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 295
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pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable.

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

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

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

21. Termination or Abandonment
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original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon ninety (90) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City.

In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

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

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

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

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27. Organization. Consultant shall assign Carson Goldberg as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

CITY:

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

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

Gray Quarter, Inc
8575 Morro Rd
Atascadero, CA 93422
Attn: Brian Weber
Chief Revenue Officer
[email protected]

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

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

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

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provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

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

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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

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

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

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

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

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

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

43. Electronic 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.

44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators may result in disciplinary action as follows:
(i) Informal Warning (Written or Verbal). Consultant is given a warning in regards to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant. (ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond within 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance. This time period
(iii) Formal Penalty Issued. A penalty of 15% of the
Consultant’s current invoice amount or annual contract amount is deducted for nonperformance after previous warnings have been issued. (iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND GRAY QUARTER, INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton
City Manager
ATTESTED BY:

Genoveva Rocha
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Signature
Brian Weber
Name
Chief Revenue Officer
Title
10/28/2024
Date
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EXHIBIT A
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Gray Quarter, Inc.

RFP F-23-78 SOW
prepared for City of San Bernardino, CA
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Document Control
Date Author Version Changes
08/20/2024 Larry Cooper 1.0 Initial
08/28/2024 Brian Weber 1.1 Final Draft
09/23/2024 Brian Weber 2.0 Redline Responses
10/02/2024 Brian Weber 2.1 Final Revisions
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Table of Contents
Document Control.......................................................................................................................................................................2 Table of Contents ........................................................................................................................................................................2 Overview .........................................................................................................................................................................................3 Services Description....................................................................................................................................................................4 Critical Success Factors..............................................................................................................................................................4 Scope of Services.........................................................................................................................................................................5 Scope of Work..........................................................................................................................................................................5 Reports........................................................................................................................................................................................7 Definition of Complexity ......................................................................................................................................................8 Business Automation (Scripting/EMSE)..........................................................................................................................9 Interfaces (In scope)...............................................................................................................................................................9 Conversions ............................................................................................................................................................................13 Training.....................................................................................................................................................................................15 User Acceptance Testing ...................................................................................................................................................18 Release Plan............................................................................................................................................................................18 Management and Governance........................................................................................................................................18 Status Reporting........................................................................................................................................................19 Issue, Risk, and Action Item Management 19
Definition of Done and Deliverable Acceptance 19
Definition of Defect, Defect Severities 20
Change Control 20
Project Management Tools 22
Project Governance Framework 23
Implementation Methodology.............................................................................................................................................23 Team Roles and Responsibilities.........................................................................................................................................24 General Gray Quarter Responsibilities .........................................................................................................................24 General Client Responsibilities........................................................................................................................................25 Specific Team Roles.............................................................................................................................................................25 Delivery Approach ....................................................................................................................................................................26 Sprint Zero and Product Backlog Elaboration...........................................................................................................27 Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 305
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Sprint 0 Foundation Analysis................................................................................................................................27 Sprint 0 Foundation Analysis Acceptance Criteria 28
Definition of Ready 28
Build Sprints............................................................................................................................................................................29 Software Release to Production .....................................................................................................................................32 Post-Production Support...................................................................................................................................................32 Assumptions................................................................................................................................................................................32 General Assumptions..........................................................................................................................................................32 Records and Configuration...............................................................................................................................................33 Reports .....................................................................................................................................................................................33 Interfaces .................................................................................................................................................................................34 Conversions ............................................................................................................................................................................34 Training.....................................................................................................................................................................................34 User Acceptance Testing ...................................................................................................................................................34 Payment Terms ..........................................................................................................................................................................34 Expenses .......................................................................................................................................................................................34 Appendix A: Statement of Work for the ePermitHub’s Digital Plan Room ........................................................35 High Level Overview of the DPR implementation .......................................................................................36 ePermitHub Digital Plan Room Project Plan Details...................................................................................37 Project Assumptions................................................................................................................................................44 Accela/Gray Quarter RFP #F-23-78 Response inclusive of Appendix A-J……………………………………64-228 Gray Quarter BAFO Appendix G2-H-I……………………………Attachment Immediately After RFP Response Accela System Overview Follow-up Items……………………..Attachment Immediately After RFP Response Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 306
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Overview
This Statement of Work (“SOW”) dated August 29, 2024 describes how Gray Quarter, Inc. (“Gray Quarter”) will provide the City of San Bernardino, CA (“Client”) with Accela Civic Platform implementation and configuration assistance (collectively known as “Services”).

Services Description
The Client is seeking Gray Quarter to implement an integrated land management system utilizing best practices, automated workflow, online portal capabilities, mobile solutions, and other modern technology.

The high-level objectives include:
• Replace the existing Land Management system,
• Improve and streamline operational/business processes, including the reduction of manual paper processes and redundant shadow systems,
• Improve automated workflows,
• Improve integrations between application systems,
• Adopt the use of best business practices.

Critical Success Factors
To successfully execute the Services described herein, several critical success factors must be closely monitored and managed by Gray Quarter and Client stakeholders:

Dedicated Client Participation and Governance – The client acknowledges that its staff has the appropriate skills, available time, and system subject matter expertise. Knowledgeable staff will be actively involved throughout the project to deliver the roles and responsibilities defined and required of the Client. In addition, the Client will assign a Product Owner empowered to make decisions and accountable for maximizing business value delivered to the Client. The Product Owner will direct the team to the highest priority work. Lastly, project governance must support the team by making timely decisions, mitigating risks, and resolving issues rapidly.

Clear Business Objectives – The client has documented their business objectives before the commencement of the project and shared those objectives with Gray Quarter.

Product Backlog Identified and Documented – Client and Gray Quarter identify, document, prioritize, and continually manage the Client's technical, functional, data, and any other requirements (expressed as User Stories) that must be satisfied for the project to be considered successful by the Client and Gray Quarter.

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Business Process Definition and Understanding – The client must be able to articulate the desired business processes.

Knowledge Transfer – It is critical that Client resources are dedicated to increasing their knowledge of the Accela Civic Platform by participating in the analysis, configuration, and deployment of the software. The Client must be prepared to assume day-to-day operations of Accela Civic Platform outside of the Support and Maintenance Agreement. Key knowledge transfer areas include:
• Configuration
• Interfaces
• Business Rule Automation
• Reports and Forms
• Release Management
Scope of Services
The following sections define this SOW's scope and delivery approach, describing each item listed below.

Scope of Work
The project scope includes implementing and customizing seventy (73) record types, as outlined below. Although the specific four-level record structure and application aliases are not provided here, they will be established when developing the story for each record ID. The Client will work with Gray Quarter to establish a release strategy for each record type listed below within the project 2-year timeframe.

Each record type will also be evaluated for implementation in the Gray Quarter Wizard (refer to RFP Response: Appendix A and BAFO Response Appendix G2-H-I) during the ‘Foundation Analysis Sprint’ to rectify problem areas for complex online application business processes. The Client will work with Gray Quarter to implement a series of filtering questions for each record type identified during the ‘Foundation Analysis Sprint,’ which routes the citizen to the correct final record submission in the Gray Quarter Wizard (refer to BAFO Response Appendix G2-H-I).

During the ‘Foundation Analysis Sprint’ Gray Quarter and Client will determine the record types that will utilize ePermitHub’s Digital Plan Room (hereinafter referred to as ‘DPR’) (refer to RFP Response:

Appendix A and BAFO Response Appendix G2-H-I) software interface. The sprints will be prioritized to allow for the implementation of the record and digital plan review software at the same time, if applicable. The implementation of DPR interface will be entwined with the development of the record type and the baseline DPR configuration and automation to ensure the implementation follows agile methods.

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Table 1. Record Types (in scope)
ID Department Record Type
R-1 Planning Pre-Application
R-2 Planning Administrative Permit
R-3 Planning General Plan Amendment
R-4 Planning Tentative Parcel Map
R-5 Planning Annexation/De-Annexation
R-6 Planning Tentative Tract Map
R-7 Planning Appeals
R-8 Planning Final Parcel Map
R-9 Planning Code Amendments
R-10 Planning Final Tract Map
R-11 Planning Conceptual Plan Review
R-12 Planning Lot Line Adjustments
R-13 Planning Development Plan
R-14 Planning Lot Mergers
R-15 Permits Accessory Dwelling Unit
R-16 Permits Mechanical
R-17 Permits Solar/Photovoltaic
R-18 Permits Alterations/Remodel
R-19 Permits Reroof
R-20 Permits Residential Building
R-21 Permits Water Heater
R-22 Permits Certificate of Occupancy
R-23 Permits Sign Permit
R-24 Permits Demolition
R-25 Permits Home Occupation Permit
R-26 Permits Electrical
R-27 Permits Temporary Use
R-28 Permits Fences
R-29 Permits Grading Permit
R-30 Permits Landscape Permit
R-31 Permits Haul Permit
R-32 Permits Traffic Hydrology Stormwater Permit
R-32 Permits Wide Load Permit
R-34 Permits Swimming Pool Drainage Permit
R-35 Permits Stockpile Permit
R-36 Permits Off-Site Improvements
R-37 Permits Right of Way
R-38 Permits Wall Permit
R-39 Permits Sidewalk Vendor
R-40 Permits Encroachment Permit
R-41 Permits Parcel Map, Tract Map
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R-42 Permits Lot Line Adjustment
R-43 Permits Lot Merger
R-44 Code Case Construction without a permit
R-45 Code Case Substandard Housing
R-46 Code Case Commercial Enforcement
R-47 Code Case Vehicle Abatement
R-48 Code Case Multi-Family Rental Program
R-49 Code Case Vendor Enforcement
R-50 Code Case Hazardous Conditions
R-51 Code Case Vacant Lot
R-52 Code Case Marijuana Dispensary
R-53 Code Case Yard Sale
R-54 Code Case NOP Request
R-55 Code Case Doing Business without an Active Business License R-56 Code Case Property Maintenance
R-57 Code Case Single Family Rental Program
R-58
Request Management
Single Record that supports (requests, complaints,
suggestions, compliments by location)
R-59 Licensing Application Record
R-60 Licensing License Record
R-61 Licensing Renewal Record
R-62 Licensing Application Record 2
R-63 Licensing License Record 2
R-64 Licensing Renewal Record 2
R-65 Licensing Application Record 3
R-66 Licensing License Record 3
R-67 Licensing Renewal Record 3
R-68 Licensing Application Record 4
R-69 Licensing License Record 4
R-70 Licensing Renewal Record 4
R-71
TBD
TBD – Extra for records not listed in RFP Response: Appendix A
R-72
TBD
TBD – Extra for records not listed in RFP Response: Appendix A
Reports
No reports were specifically provided in the RFP Response: Appendix A. The following is a generic list of the types of reports the team will provide. The team will evaluate all reports and provide a type of Executive, SSRS, or Ad Hoc report and determine if they are assigned to the Client or Gray Quarter. • Reports are defined as any output of data from the system, such as letters, forms, queries, dashboards, data exports, etc.

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• Reports will be developed using reporting tools as provided by Accela and/or supported in the Accela Cloud (e.g., PowerBI, Microsoft SQL Report Services, Crystal Reports, Accela AdHoc Reports).

Table 3. Reference Tab “BAFO Response Appendix G2-H-I” Reports & Inquiry Development
# Report Name Report Description Report Complexity
RPT.01 Report One Executive Dashboard Permitting Low Complexity RPT.02 Report Two Executive Dashboard Planning Low Complexity RPT.03 Report Three Executive Dashboard
Enforcement
Low Complexity
RPT.04 Report Four Executive Dashboard Requests Low Complexity RPT.05 Report Five Executive Dashboard Licensing Low Complexity RPT.06 Report Six State reporting Medium Complexity
RPT.07 Report Seven State reporting Medium Complexity
RPT.08 Report Eight State reporting Medium Complexity
RPT.09 Report Nine Letter Generation Low Complexity
RPT.10 Report Ten Letter Generation Low Complexity
RPT.11 Report Eleven Letter Generation and Batch
Notice
Low Complexity
RPT.12 Report Twelve Standard SSRS Report Medium Complexity RPT.13 Report Thirteen Standard SSRS Report Medium Complexity RPT.14 Report Fourteen Standard SSRS Report Medium Complexity RPT.15 Report Fifteen Standard SSRS Report Medium Complexity RPT.16 Report Sixteen Standard SSRS Report Medium Complexity RPT.17 Report Seventeen Standard SSRS Report Medium Complexity RPT.18 Report Eighteen Standard SSRS Report Medium Complexity RPT.19 Report Nineteen Standard SSRS Report Medium Complexity RPT.20 Report Twenty Standard SSRS Report Medium Complexity RPT.21 Report TwentyOneStandard SSRS Report Medium Complexity RPT.22 Report TwentyTwoStandard SSRS Report Medium Complexity RPT.23 Report TwentyThreeStandard SSRS Report Medium Complexity RPT.24 Report TwentyFourStandard SSRS Report Medium Complexity RPT.25 Report Twenty-Five Standard SSRS Report Medium Complexity RPT.26 Report Twenty-Six Standard SSRS Report Medium Complexity RPT.27 Report TwentySevenStandard SSRS Report Medium Complexity RPT.28 Report TwentyEightStandard SSRS Report Medium Complexity RPT.29 Report TwentyNineStandard SSRS Report Medium Complexity Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 311
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RPT.30 Report Thirty Standard SSRS Report Medium Complexity RPT.31 Report Thirty-One Standard SSRS Report Medium Complexity RPT.32 Report Thirty-Two Accela Ad-Hoc Low Complexity
RPT.33 Report ThirtyThreeAccela Ad-Hoc Low Complexity
RPT.34 Report Thirty-Four Accela Ad-Hoc Low Complexity
RPT.35 Report Thirty-Five Accela Ad-Hoc Low Complexity
RPT.36 Report Thirty-Six Accela Ad-Hoc Low Complexity
RPT.37 Report ThirtySevenAccela Ad-Hoc Low Complexity
RPT.38 Report Thirty-Eight Accela Ad-Hoc Low Complexity RPT.39 Report Thirty-Nine Accela Ad-Hoc Low Complexity
RPT.40 Report Forty Accela Ad-Hoc Low Complexity
RPT.41 Report Forty-One Standard SSRS Report High Complexity RPT.42 Report Forty-Two Standard SSRS Report High Complexity RPT.43 Report Forty-Three Standard SSRS Report High Complexity Definition of Report Complexity
The list of complexity definitions below was produced and provided by the Client. The definitions below will be leveraged to implement each of the reports above.

Complexity Level Description
Low Complexity Reports that require a simple pull from a limited number of database fields and presentation on a document. Examples include letters such as Certificates of Occupancy, notices, and mailing labels.

Medium Complexity Reports that require some calculations and summaries. Examples include forms and transaction reports (receipts, permits, inspection tickets, journals, logs). Many agency reports fall under this category.

High Complexity Reports that require complex queries, joins, multiple sources, etc.

Examples include statistical and analytical reports, schedules, and agendas.

Business Automation (Scripting/EMSE)
The Event Manager and Scripting Engine (EMSE) comprise the Accela Civic Platform scripting platform. The Civic Platform stores the script files, written in JavaScript, in the Civic Platform database.

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Scripting is necessary to create business rules above and beyond native Civic Platform functionality.

Gray Quarter will provide Scripting/EMSE based on complexity (minimal, moderate, and complex). • Fifty (50) High Complexity – batch scripts (e.g., license expiration notice), page flow scripts • Ninety (90) Medium Complexity – event scripts (e.g., auto-assign inspections, populating custom fields from GIS, placing a condition on a record based on custom fields and/or GIS data elements), pre- and post-scripts, and scripting expressions (non-wizard based) • Sixty (60) Low Complexity – configurable scripts, wizard-based expressions Interfaces (In scope)
The following interfaces from the Gray Quarter response are provided. The “vendor comment” column identifies if the interface is a standard feature, subscription product, or custom development.

Table 4. – Reference tab “BAFO Response Appendix G2-H-I” Interface
ID
Name Description Interface
Direction
Third-Party
Software
Frequency /
Real-Time
Active
Integration
Type
Vendor Comments
ID.1 Cashiering &
Online
Payments
Cash receipts
should
validate
permit
number,
account
number,
fees, penalty
amounts,
and update
customer
balance.

As Needed This is a standard
feature in Accela.

Pricing for the
provider is below
with "All Paid"
ID.2 Customer
Internet
Payments
Online
payments
with provider
"All Paid"
Two-way AllPaid As Needed Export Typically, all
payment interfaces
are one way
originating from
the software to the
payment vendor.

We believe this
should be a one
way and the pricing
is based on that
assumption.

ID.3 Customer Over
the Counter
Payments
In person
payments
As Needed This is a standard
feature in Accela.

ID.4 Enterprise
Financial
System
Provide the
automatic
generation
of journal
entries to the
general
ledger,
ensuring
auto updates
Two-way Real-Time Export We do not
recommend
tracking AR in an
external system and
pushing back to
Accela, as a result
that is assumed to
be one way.

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to the
accounts
receivable
and accounts
payable
accounts.

ID.5 Electronic Plan
Submittals
Ability to
receive plan
submittals
electronically
through the
Agency's
website.

Two-way As Needed Import We are
recommending
ePermitHubs
software that
integrates
seamlessly into the
Accela Public Portal
and Back Office.

Please refer to
Appendix A for the
ePermithub Digital
Plan Room Scope
of Work.

ID.6 Contractor
Information
Ability to
extract
contractor
information
from the
state licenses
board and
populate
fields in
permit
modules
contractor
database.

One-way Unknown.

State
Website.

As Needed Import We will implement
the standard CSLB
interface that all
California Accela
clients leverage.

ID.7 Inspections
(including
mobile)
Ability to
integrate
with an
interactive
voice
response
system for
inspection
scheduling,
status
updates, and
payments.

Real-Time We are
recommending
using the Gray
Quarter Rapid
Scheduler instead
of IVR
ID.8 Email
Integration
Ability to
send emails
from system
utilizing
standard
SMTP
protocols.

Two-way Real-Time Standard Feature in
Accela just minor
configuration
ID.9 Single Sign-On
/ Active
Directory
Support of
Single-SignOn and
Active
Directory.

Two-way Microsoft
Azure
Real-Time Standard Feature in
Accela just minor
configuration
ID.10 Ad Hoc ThirdParty Report
Writers
Ability to
integrate
with third
party report
writers.

Accela integrates
with Microsoft BI,
SSRS, Crystal
Reports, and has a
built-in Ad Hoc
tool. Accela can
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integrate with other
solutions if the
reporting tool has
URL based
reporting
ID.11 SQL Server
Reporting
Services
Integrate
SSRS
Reporting
Services into
the
Application
for
documents
and
statistical
reporting
needs.

As Needed This is provided as
part of the SaaS
setup
ID.12 Agenda
Software
System
should
integrate
with
PrimeGov to
generate
agendas.

Two-way PrimeGov As Needed We would
recommend
leveraging the
Accela APIs if
PrimeGov supports
the process.

ID.13 Electronic
Content
Management
System
System must
integrate
with
Laserfiche.

Two-way Laserfiche As Needed Export We have a standard
integration that is
subscription based.

ID.14 Electronic
Document
Signatures
Integrate
electronic
signatures
with
DocuSign
and Adobe
Sign.

Two-way DocuSign or
Adobe Sign
As Needed Export The Client would
need to contract
with DocSign or
AdobeSign for the
actual envelopes.

Gray Quarter can
provide the
envelopes, but the
Client cost direct
would be much
cheaper
ID.15 GIS & GIS
Mapping (ESRI
ArcGIS)
Ability to
interface
with GIS
mapping
products that
support Esri
formats.

Two-way ESRI Real-Time Import Standard Feature in
Accela but requires
configuration.

Accela GIS will be
implemented to
support the base
integration with
Accela. All costs for
rows 20, 21, 23, and
24 are included
here.

ID.16 GIS - View GIS
Data
Query, view,
and interact
with GIS data
within the
application.

Two-way Application As Needed Import Standard Feature in Accela but requires
configuration.

Accela GIS will be
implemented to
support the base
integration with
Accela.

ID.17 GIS - Auto
Sync GIS
Changes
Automaticall
y
synchronize
any changes
from GIS
Two-way System Real-Time Import With how Accela
integrates to ESRI
this may not be
needed.

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with the
system.

ID.18 GIS - Secure
Service
Support
Consume
data through
secured
services.

Two-way Services As Needed Import Standard Feature in
Accela but requires
configuration.

Accela GIS will be
implemented to
support the base
integration with
Accela.

ID.19 GIS - Feature
Services
Consume
and edit GIS
data through
Feature
Services.

Two-way Services As Needed Import Standard Feature in
Accela but requires
configuration.

Accela GIS will be
implemented to
support the base
integration with
Accela.

ID.20 Two-Factor
Authentication
(2FA)
Support
Two-Factor
Authenticatio
n (2FA).

Two-way 2FA As Needed This would be part
of Azure Active
Directory and not
implemented in
Accela but IDP.

ID.21 Rest API Provide a

REST API
interface to
facilitate
querying
data and
integration.

Integration Accela provides a
robust set of Rest
APIs out of the box,
publicly available,
specifications are at
developer.accela.co
m.

ID.22 Symbium Integration
with solar
application
solution.

Integration Integration exists
Data Conversions
Data Conversion Execution – The Client is responsible for the data cleansing and transformation of data during each Sprint. Gray Quarter will work with the Client team in defining a time to develop the data map to execute a conversion script against the dataset provided by Client. Gray Quarter will convert each source up to three times based upon an approved data map. For the purpose of determining data quality, Gray Quarter will use the initial run of the data to compare it against the source dataset provided by Client. Gray Quarter will share data anomalies and work with Client in modifying a data map if any are required. Gray Quarter will play a supportive consultative role with data extraction, data cleansing, and/or mapping up to 200hrs, not to exceed.

The following table is a list from the RFP Response: Appendix A and considered in scope or provides direction for how Gray Quarter will handle the data need.

For conversions, it is expected and anticipated that the client will provide resources knowledgeable with the historical data to assist in the data migration/conversion effort.

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Table 5. Reference Tab “BAFO Response Appendix G2-H-I”
Conversion ID Conversions Description Number of
Records
(Estimated)
Existing
Software
Product
Database
Type
RFP Response:

Appendix A
Comments
C.1 Address/Parcel
Records
File
Geodatabase
76,000 ESRI ArcGIS Undisclosed If we convert the
data as a traditional
Address, Parcel,
Owner load like the
T32 program used in
Permits Plus the
hours will hold. It is
suggested that we
configure XAPO to
pull the data directly
from ESRI.

C.2 Address/Parcel
Records
Records in
SQL tables
70,000 PermitsPlus SQL 2008 R2 See Comment above.

The hours would not
be duplicated for this
effort and are
estimated above.

C.3 Active Planning
Projects
Records in
SQL tables
N/A PermitsPlus SQL 2008 R2 We have assumed
that the NA implies
the data does not
exist or will not be
converted
C.4 Active Permit
Applications
Records in
SQL tables
N/A PermitsPlus SQL 2008 R2 We have assumed
that the NA implies
the data does not
exist or will not be
converted
C.5 Active Code
Cases
Records in
SQL tables
2,333 GoEnforce N/A
C.6 Active CRM
Cases
Records in
SQL tables
150 GoGov N/A
C.7 Active Business
Licenses
Format
database can
be provided to
future vendor
25,000 Progressive
Solutions
N/A The agency will be
responsible for
extracting the data
into SQL Server
tables
C.8 Planning
Projects
Records in
SQL tables
45,000 PermitsPlus SQL 2008 R2 We use a standard
process to convert
data from Permits
Plus to the Accela
Civic Platform.

C.9 Public Works
Land
Development
Projects
Records in
SQL tables
2,000 PermitsPlus SQL 2008 R2 We use a standard
process to convert
data from Permits
Plus to the Accela
Civic Platform.

C.10 Building Permit
Records
Records in
SQL tables
125,000 PermitsPlus SQL 2008 R2 We use a standard
process to convert
data from Permits
Plus to the Accela
Civic Platform.

C.11 Public Works
Permit Records
Records in
SQL tables
50,000 PermitsPlus SQL 2008 R2 We use a standard
process to convert
data from Permits
Plus to the Accela
Civic Platform.

C.12 Building
Inspections
Records in
SQL tables
560,000 PermitsPlus SQL 2008 R2 We use a standard
process to convert
data from Permits
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Plus to the Accela
Civic Platform.

C.13 Public Works
Inspections
Records in
SQL tables
80,000 PermitsPlus SQL 2008 R2 We use a standard
process to convert
data from Permits
Plus to the Accela
Civic Platform.

C.14 Code
Enforcement
Cases
Records in
SQL tables
2,333 GoEnforce N/A
C.15 CRM Cases Records in
SQL tables
23,000 GoGov N/A
C.16 Total Business
Licenses
Format
database can
be provided to
future vendor
25,000 Progressive
Solutions
N/A The agency will be
responsible for
extracting the data
into SQL Server
tables
C.17 Permits and
Projects
Attachments
Each permit
has a folder
PermitsPlus SQL 2008 R2 For all attachments
we use a single tool
to migrate and
attach to the
converted record. It
is important to note
that the base record
must be converted
before we can
associate the
attachments.

C.18 CRM
Attachments
Each CRM has
a folder
GoGov N/A For all attachments
we use a single tool
to migrate and
attach to the
converted record. It
is important to note
that the base record
must be converted
before we can
associate the
attachments.

C.19 Case
Attachments
Each Case has
a folder
GoEnforce N/A For all attachments
we use a single tool
to migrate and
attach to the
converted record. It
is important to note
that the base record
must be converted
before we can
associate the
attachments.

C.20 License
Attachments
Attachments
details can be
provided to
future vendor
Progressive
Solutions
N/A For all attachments
we use a single tool
to migrate and
attach to the
converted record. It
is important to note
that the base record
must be converted
before we can
associate the
attachments.

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C.21 Entities
(contractors /
architects)
Records in
SQL tables
20,000 PermitsPlus SQL 2008 R2 We usually only
convert the CAEDs
that are attached to
records and then use
the CSLB lookup
interface for all new
records
Gray Quarter Wizard
Implementing the Gray Quarter Wizard (G-Wiz) will consist of the following tasks:
• Provision the G-Wiz service
o Provision API Key(s)
o Connect G-Wiz to all Accela environments
o Create a baseline G-Wiz decision tree
o Provide links to the decision tree for external sites • Conduct Business Analysis to capture requirements for the following flows (see Table 1, Record Types)
o Application Flow in Building (40 Nodes Maximum) *
o Application Flow in Planning (40 Nodes Maximum) *
o Application Flow in Licensing (40 Nodes Maximum) *
o Renewal Flow for Licensing (15 Nodes Maximum) *
o Point and click flow for Service Requests (40 Nodes Maximum) * o Point and click flow for Enforcement (40 Nodes Maximum) * o Public Comment flow for Planning Permits (10 Nodes Maximum) * • Configure and design the G-Wiz decision tree to meet analysis requirements o Record types
o GIS layers
o Digital plan review (required documents)
o Required fields for fee calculations and record type decisions o Contractor license validation
o Blocks or conditions
*A “Node” is defined as a unique question page within G-Wiz that will navigate the user to the next action.

The Implementation costs of the Gray Quarter Wizard are inclusive in the total lump sum stated within the Payment Terms herein (refer to BAFO Appendix G2-H-I).

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Training
Training Execution – The Client will be responsible for assigning training resources at the beginning of the project so proper knowledge transfer and training can be planned and acted on as part of the Build Sprints. Any switch in team members may require the need for a project change request to account for missing time.

The following is the list of training courses in scope for the project. Gray Quarter will provide up to one hundred hours of additional time that may be used to develop custom training courses or deliver custom training.

Table 6. – Reference Tab “BAFO Response Appendix G2-H-I” Training Fees Training
ID
Training
Title
Training Description Duration Max # of
Students
Number
of Class
offered
T.1 Training
Class -
Accela
Automati
on - Core
Team
This course is an overview of the Accela
Civic Platform, to help you become
familiar with the basic terminology,
system navigation, and core functionality
of the platform. While learning Accela
best practices, you will also explore
design concepts, advanced configuration
options, and automation possibilities.

This course is recommended for project
teams preparing to go through analysis
sessions.

Up to 12 hours, typically 2–
6-hour sessions
12 1
T.2 Training
Class -
Accela
Automati
on Admin
Usage
This course is designed to prepare you
to take over managing your instance of
Civic Platform following implementation.

Dive deep into user experience design
concepts and configuration options.

Learn how to create different record
types, study business analysis and
process design. Build workflows, custom
field groups, design page forms, layouts,
and learn how to develop and utilize
expressions. Cap that all off with
exploring user security and permissions.

Up to 18 hours, typically 3–
6-hour sessions
12 1
T.3 Training
Class -
Accela
Automati
on End
User
This course focuses on the functionality
you will use daily in Civic Platform. Learn
the processes of creating records,
entering, and completing applications,
adding fees and payments, and entering
workflow information. Learn how to
schedule inspections and navigate
through inspection data entry. Learn
how Accela Mobile is used for
inspections and code compliance,
Up to 12 hours, typically 2–
6-hour sessions
10 14
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explore GIS mapping, and learn about
managing reviews and workflows.

T.4 Training
Class –
G-Wiz
This course is designed to prepare you
to take over managing your instance of
G-Wiz following implementation.

Up to 6 hours, typically 2-3
hours sessions
5 1
T.5 Training
Class -
Accela
Mobile
Office
The course is recommended to prepare
you for implementing Mobile Office in
your instance of Civic Platform. Learn
how to access job lists and records in the
field and create new records in the field.

Discover how to create, schedule,
reschedule, cancel, and reassign
inspections. Learn how to establish
settings for offline and online
inspections. Develop the skills to search
records and inspections by creating and
applying filters.

Up to 4 hours and typically
2 2-hour sessions
15 1
T.6 Training
Class -
Ad Hoc
Report
Training
This course is designed to prepare you
to use reporting in the Civic Platform.

Learn how to use report tools to design
and develop reports and create subreports. Learn to deploy reports in hundreds of places throughout the Civic
Platform and ACA. Practice creating
expressions to concatenate or calculate
at the field level. Discover how to use
the form designer to create forms and
letters.

Up to 4 hours, typically 2
2-hour sessions
10 1
T.7 Train the
Trainer
This Civic Platform course is intended to
prepare identified customer trainers to
train their end users.

As a Trainer in training, you will first
review the basic 2-day End- User course
around the customer daily Civic Platform
processes. You will then engage in
workshop practice sessions where you
will teach the Accela instructor and other
participants sections of the 2- day end
user course. Feedback will be given to
help you obtain the skills needed to
effectively train your end users.

By the end of this course, you will have
ability to train your end users in Civic
Platform functions.

Up to 18 hours, typically 3–
6-hour sessions
10 1
T.8 Business
Automati
on
This course is designed to help you learn
the basics of the Business Automation
engine and understand the relationship
between configuration and scripting.

Explore planning, implementation,
modification, and deletion of scripts.

Learn about migrating to configurable
business rules.

The student is required to know
JavaScripting and at a minimum have
Up to 4 hours, typically 2
2-hour sessions
10 1
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attending at least 16 hours of JavaScript
training.

T.9 Digital
Plan
RoomEnd User
Training
Gray Quarter will complete all the
necessary training to run electronic plan
review operations across applicable
departments. Training materials and
required training sessions will be created
and conducted. Two-hour sessions for
Intake Specialists/Permit Technicians
with same curriculum for each session.

Four-hour sessions for Plan
Reviewers/Managers with same
curriculum for each session.
6-hour sessions (2 hour
session for Intake
Specialists/Permit
Technicians.
10 4
T.10 Digital
Plan
RoomAdmin
Training
Gray Quarter will provide training to
Client staff focusing on the
administrative and technical setup and
the Digital Plan Room administration
and configuration. The goal is to
educate Client staff in all aspects of the
Digital Plan Room solution and ensure
the staff is self-sufficient before Go-Live.
4-hour sessions 10 2
T.11 Digital
Plan
RoomCustomer
Enableme
nt
Training
Gray Quarter will conduct Agency
Customer Enablement training. Gray
Quarter provides web-based training
sessions, produces contextually relevant
public-facing web-based training videos,
and produces a User Guide for Agency’s
Customers on how to use the
ePermitHub Digital Plan Room
embedded in Accela Civic Access. Client
publishes videos and User Guide to a
dedicated Digital Plan Room information
page at Client’s website.

1.5 hour sessions Customer
software
dependent
3 T.12 Custom
Training
Materials
Gray Quarter will develop up to one
hundred hours of custom training
materials or provide ad-hoc training.

During the life of the project the team
will provide loom videos and scribehow
documents that should meet the needs
of custom training.

Up to one hundred hours NA NA
User Acceptance Testing
• System testing will follow the agile methodology and occur in each of the 23 Sprints. • The Client will commence 4 weeks of user testing in the final Sprint. • It shall be the Client’s responsibility to develop, document, and execute the user acceptance test cases throughout each sprint.
• Gray Quarter will play a supportive consultative role with the City’s ownership of developing, documenting, and executing UAT test cases. This role will be time boxed at 140hrs. • Gray Quarter will assist Client in the UAT effort and validation of system configuration. • Gray Quarter will resolve issues resulting from Client User Testing.

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• Gray Quarter will provide recommendations on testing strategy and best practices. • Gray Quarter and the client will agree on the UAT completion date and Go-Live date.

Release Plan
The Release Plan outlines four (4) iterative Releases (Go Lives) within twenty-four (24) months and is planned as follows:
• Project startup phase (2-weeks) for plan elaboration, project kick-off meeting, and core team training.
• Sprint 0: Foundation phase (4-weeks) for building the initial Product Backlog (all work):
o Determine required configuration to support business needs, o Determine required reporting needs,
o Determine integration requirements,
o Determine conversion data map requirements.
• Sprint 1-24: Twenty-four (24) Build Phase sprints over a 2-year period with four (4) sprints inclusive of releases to Production:
o Sprints 1-5: Five (5) 4-week Build Phase sprints,
o Sprint 6: 4-week Build Phase and Production release one, o Sprints 7-11: Five (5) 4-week Build Phase sprints,
o Sprint 12: 4-week Build Phase and Production release two, o Sprints 13-17: Five (5) 4-week Build Phase sprints,
o Sprint 18: 4-week Build Phase and Production release three, o Sprints 19-23: Five (5) 4-week Build Phase sprints,
o Sprint 24: 4-week Final User Acceptance Testing and Production release four. • 12 weeks of post-go-live support and maintenance
o Fix severity 1 and severity 2 issues identified in post-Go Live.

Management and Governance
This section defines the project management practices, governance bodies, and associated processes.

Status Reporting
The Gray Quarter Scrum Master/Project Manager will provide a written weekly status report to the Client Project Manager and Product Owner. The Gray Quarter Scrum Master/Project Manager will publish the weekly status using PowerPoint and Jira (refer to the Project Tools section for tool information).

The weekly report will include the percentage of completion of the Product Backlog, the pass rate for the Story Tests, key project delivery milestone status, estimated completion date for each milestone, Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 323
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as well as other information relevant to the delivery of the project as may be agreed upon between the parties' Product Owner and Gray Quarter Scrum Master/Project Manager.

This online collaboration tool will also track risks, action items, and issue escalations between the Gray Quarter Scrum Master/Project Manager, the Client Project Manager, and the Client Product Owner.

The project management team will meet weekly to discuss the status and review the report using Jira and/or PowerPoint.

Issue, Risk, and Action Item Management
Gray Quarter will use Jira to document project issues, action items, and risks. The project management team will review these items during the periodic management calls to assign owners, drive to due dates, and escalate to the appropriate individuals or governance body where required. The Gray Quarter Scrum Master/Project Manager will identify issues blocking team progress and impacting team velocity. If blocking issues are not resolved within two business days, the Gray Quarter Scrum Master/Project Manager will escalate to the Gray Quarter Executive and the Client oversight team for resolution.

Definition of Done and Deliverable Acceptance
Meeting quality assurance standards during each Sprint is the responsibility of the Scrum Team.

Quality assurance standards are defined in the Definition of Done for a Sprint and a Release.

Confirmation of the Definition of Done for the Sprint Backlog constitutes the Acceptance Criteria for a Sprint deliverable, as follows:
• Team member completes the Project Backlog Item (PBI) work, • Associated configurations and code are deployed to the development environment against the current version in source control, where applicable, • Item has passed unit testing,
• Item has been peer reviewed to confirm meeting development standards, • Backlog Item test cases (based on the Acceptance Criteria defined for the PBI) were written and tests passed. Testers must complete testing for each PBI within the timeframe defined by the team during Sprint Planning for the Sprint,
• Regression test cases updated, as appropriate,
• Item is deployed to the test environment and has passed at least 80% of system/regression tests (regression tests as documented in acceptance criteria for previously completed PBIs).

Testers must complete regression testing for the PBIs in the Sprint within the timeframe defined by the team during Sprint Planning,
• No Severity 1 or 2 defects remain for the PBI,
• The Product Owner has reviewed and moved JIRA Story to "Done".

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For a Release, deliverable acceptance is conditioned upon meeting the following Definition of Done:
• Sprints planned for the Release are complete,
• The Product Backlog Items scheduled for the Release are complete, • Code is deployed to the Production environment,
• Severity 1 and 2 defects identified during the build Sprints are resolved.

Definition of Defect, Defect Severities
A Defect is defined as a deviation from the established acceptance criteria for a PBI. The table below elaborates on the severity levels for Defects.
• Severity Level 1: This is a "must-fix" problem, a "showstopper." The problem is causing a major system error, fatal error, serious database corruption, serious degradation in performance, major feature malfunction, or is preventing a major business goal from being realized. The problem needs a reasonably acceptable workaround for the corresponding endusers. • Severity Level 2: This is a problem causing a significant loss of feature functionality, but the system can recover from the problem, and it does not cause a total collapse of the system.

The system does not meet a business goal or a portion of a business goal; performance degradation is minor but not within established exit criteria; or minor database issues may exist (e.g., single rows or fields may be locked). The problem does have a workaround that is reasonably acceptable to the corresponding end-users.
• Severity Level 3: This is a problem that is causing minor loss of feature functionality.

Optional workarounds are acceptable but causing potential efficiency loss. • Severity Level 4: This is a problem that is causing minor loss of feature functionality.

Optional workarounds reasonably acceptable to the corresponding end-users are available with minor efficiency loss. Minor issues, misspellings, cosmetic changes, etc.

Change Control
Both parties recognize that there will be changes throughout this project. Change is defined as any of the following:
• Change in Scope Requirements – change in the underlying assumptions used to create this Statement of work. Examples would include changes in number of reports, number of scripts, number of data conversion sources, and data conversion source sizes (+10%). • Change in Expense Budget
• New Product Backlog Items – The addition of a new Epic, User Story, or Product Backlog Item (PBI) is a project change. The Product Owner must approve the addition of a new PBI. The Scrum Team will estimate the new PBI and assign Story Points.

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• Change to Existing PBI – Change to an existing PBI that impacts the level of effort to complete it (estimate and Story Points) is considered a project change and is documented by the Product Owner adding a new PBI to define the change. For example, a change to the Acceptance Criteria or a specification that impacts the complexity constitutes scope change.

Changes impacting PBIs/ User Stories completed in a previous Sprint may require additional rework. If rework is required, the rework changes will be added to the Product Backlog as a new PBI/User Story.
• Change to Definition of Done – Changes to the Definition of Done for a Sprint or Release may impact the level of effort for completing PBIs and delivering a Release, impacting overall delivery velocity. Gray Quarter will assess proposed changes to the Definition of Done and document the impacts in a Change Order (e.g., change impacts to schedule, scope, or costs) (Please see Change Control section).
• Change in Projected Team Velocity – The velocity of the team is dependent on all team members fulfilling their assigned tasks or actions within the timeframes agreed during Sprint Planning. The team will monitor projected velocity against actual velocity. If the actual velocity falls below the projected velocity, the team will assess the root cause of this velocity impact. If the root cause is attributed to a Gray Quarter team member(s) performance or management issues, the project change and associated impact will be borne by Gray Quarter. If the velocity impact is attributed to Client team member(s) performance or management issues (such as delays in decisions or issue escalation/resolution), the project change/impact will be borne by the Client. In either case, the Product Owner will document the change and impact with support from the Gray Quarter Scrum Master/Project Manager. For velocity changes attributed to the Client that impact the overall project costs or overall Release timeline, Client will process a Change Order adjusting the deliverables/payment amounts to incorporate the additional cost.
• Non-Productive Time – Gray Quarter's price for this SOW is based on the assumption that the Gray Quarter team will have complete, timely, and accurate information and other deliverables and dependencies from the Client team, enabling the team to be productive during working hours throughout the course of the project. Issues impacting the Gray Quarter team members' productive time will be escalated to the Change Control Board (CCB) and a mutually agreed resolution must be in place within seventy-two (72) hours of the initial escalation.

No changes shall be made to Sprint Backlog (User Stories /PBIs) during the current Sprint, for either PBIs/ User Stories already delivered but not yet accepted and PBIs/ User Stories accepted.

The Product Owner can address Standard Changes by re-prioritization of the Product Backlog, with agreement from the Gray Quarter Scrum Master/Project Manager and Scrum Team. For example, if a new "must-have" User Story is identified during Sprint 2, the Product Owner can schedule the new User Story for Sprint 3 as long as a User Story of equivalent size (hours, Story Points, and sizing factors) is removed from the Product Backlog.

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Changes to the Product Backlog affecting the overall project scope, level of effort, or timelines for the Release must be approved following the Extraordinary Change Order process set forth below.

Standard Change Order Process – Standard changes are items that can be addressed through reprioritization of the Product Backlog without impacting the overall scope, delivery timeline, or costs.

The decision makers required for standard changes include the Gray Quarter Scrum Master/Project Manager, Client Product Owner, and Client Project Manager. • For each change where Gray Quarter and Client agree to define as a new PBI/ User Story, the Client Product Owner completes the definition of the Story. • The Gray Quarter team will analyze the change during the next scheduled Sprint Planning session to estimate and size (hours and Story Points) the new PBI and check against available sizing factor allowances. If the change applies to an already implemented PBI/Story, then any rework or impacts to other stories required will be added as another PBI/Story. • The Client Product Owner must make the decision concerning the change. There are two possible options:
o Accept the change into the Product Backlog and decide which PBI/Story (or stories) are to be removed to offset the added size (hours, points, sizing factors) or o Reject the change.
• Finally, the Client Product Owner will prioritize the new PBI/Story (if added) against the Product Backlog.

Extraordinary Change Order Process – If a change exceeds the baseline Product Backlog size (as defined by Story Points and sizing factors) or otherwise impact the planned number of Sprints and Release date set for the project, then the Client Product Owner will:
• Prepare a preliminary Project Change Order Form to identify the nature of the requested change.
• The Gray Quarter Scrum Master/Project Manager will work with the team to perform an assessment/review to determine the full impact on the project, including cost and timeline impacts if applicable.
• Escalate this assessment to the Client and Gray Quarter Stakeholders.

Project Management Tools
The project team will use the following tools:
• JIRA – Gray Quarter will establish a JIRA instance for the project team to use as its virtual scrum board. Gray Quarter will load the Product Backlog into JIRA and the team will use the tool during Build Sprints to organize and track work. The Gray Quarter Scrum Master/Project Manager will use this tool to monitor project metrics such as Burndown and Velocity. • PowerPoint – Gray Quarter may summarize the information found in JIRA into two slides.

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• Project – Gray Quarter will mutually develop a project schedule using Microsoft Project.

Project Governance Framework
Project Governance occurs at multiple levels to maximize business value and mitigate risks for the project.
• Project Level – Project-level governance is performed by the project management team, which consists of the Gray Quarter Scrum Master, Client Product Owner, and Client Project Manager. This team is empowered to make day-to-day decisions within the constraints of the project SOW. This team meets weekly to review project status, identify, and mitigate risks, resolve issues, and monitor action items. This team is responsible for escalating issues to the Program Level governance team where they cannot reach a resolution or otherwise avoid impacting the project scope, timeline, resources, or costs. • Stakeholder Level – Stakeholder level governance is performed by the Gray Quarter Executive, and Client Stakeholder. This team meets bi-weekly, handles issue escalations, supports risk mitigations, and makes decisions. This group is responsible for rapidly addressing blocking issues escalated from the Project Team.

Implementation Methodology
The team will adhere to an Agile scrum framework tailored for the Accela Civic Platform. The methodology is an adaptation of Agile methods to work within this project's unique constraints of price, scope, low-risk tolerance, and deployment of the new configurations into a live Production Accela environment.

The Agile framework for this project consists of a series of four types of Sprints:

1. Foundation Analysis Sprint (Sprint Zero)—Upon project start, the team will begin with a Sprint Zero to create Product Backlog Items (PBI), also known as "User Stories". The source of Sprint Zero items can be a combination of Client requirements and/or best practices from other government Client configurations that are similar in nature. These items will comprise the Release Product Backlog.

2. "Build" Sprints – Following Sprint Zero, construction begins through a series of time-boxed build Sprints. The team uses the outputs from the Sprint Zero to inform the solution architecture, configure the solution foundation, and develop the technical components. Working software is delivered during the Sprints, with conversions, interfaces and reports all being developed and managed concurrently within the Sprint. Sprints are time-boxed to maintain the integrity of the delivery timeline. Within a Sprint, development proceeds according to the established priorities. The product developed in each Sprint is reviewed and validated by the Product Owner with support from Client SMEs, often through a facilitated walk through of each use case developed/configured in the system.

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3. Readiness (Production Release) Sprint –During the Readiness Sprint stage the team completes final end-to-end and regression tests and promotes the software to Production.

4. Stabilization and Transition (Post-Production) Sprint – Following Production Go Live; the team will deliver post- Production support and system refinements through a series of Sprints. The first Sprint is the Stabilization Sprint where Gray Quarter prepares the Release for transition to the Client support team. System maintenance and refinement Sprints continue following the Stabilization period.

Team Roles and Responsibilities
A joint team comprised of Gray Quarter and Client resources will deliver this SOW. Team size and composition may vary based on the Release scope and activities underway during a given Sprint. Gray Quarter will assign the required resources to the team, which may change during a Release in response to project demands.

General Gray Quarter Responsibilities
• Development and Unit Test - Perform software configuration and development for the PBIs assigned to Gray Quarter staff in each build Sprint.
• Defect Correction - Resolve Severity 1 and 2 defects (related to PBIs assigned to Gray Quarter staff) discovered during Sprint testing within the Sprint, or according to an alternate timeline mutually agreed with Product Owner. Severity 3 and 4 defects are treated as new PBIs and prioritized by the Product Owner according to the Change Control process defined above. • Backlog Grooming Support - Support the Product Owner in Product Backlog grooming activities by providing consultative support for defining Gray Quarter solution approaches, for up to 6 hours of Product Backlog grooming working sessions per Sprint. Any additional Product Backlog grooming tasks assigned to Gray Quarter resources (outside the allocated 6 hours per Sprint for consultation) will be treated as a new PBI and prioritized by the Product Owner according to the Change Control process described above. • Knowledge Transfer - Enable Accela product knowledge transfer to Client resources to support the delivery of tasks assigned to Client resources and enable ramp-up of the team skillset. This will be accomplished through up to 8 hours per Sprint of open office hours or knowledge transfer work sessions targeted toward completing specific Product Backlog tasks scheduled within the current Sprint. The 8 hours for Knowledge Transfer will be allocated and defined for each Sprint during Sprint Planning. Any additional knowledge transfer tasks assigned to Gray Quarter resources (outside the allocated 8 hours per Sprint for consultation) will be treated as a new PBI and prioritized by the Product Owner according to the Change Control process described above.
• Scrum Master, Project Management, Project Oversight – Gray Quarter will assign a Scrum Master to the project to facilitate the scrum processes, such as Release and Sprint Planning, Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 329
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Sprint reviews and retrospectives, and scrum meetings. In addition, the Gray Quarter Scrum Master/Project Manager will perform general project management tasks to monitor Gray Quarter resources' work, assignment of tasks, and other project management disciplines. Gray Quarter will also assign an Executive to provide oversight and act as the initial escalation point beyond the day-to-day project team.

General Client Responsibilities
• Development and Unit Test - Perform software configuration and development for the PBIs assigned to Client staff in each build Sprint.
• Defect Correction – Approve the resolution of severity 1 and 2 defects (related to PBIs assigned to Client staff) discovered during Sprint testing within the Sprint, or according to an alternate timeline mutually agreed with the Client Product Owner. • Backlog Grooming – The Product Owner will lead continuous Product Backlog grooming and is responsible for delivering a Sprint Product Backlog that meets the Definition of Ready prior to the Sprint planning meeting. Client program area personnel and subject matter experts will perform Product Backlog grooming activities as the Product Owner directs. • Testing – Client resources will perform testing per the timeframes defined during Sprint Planning, this includes development and execution of regression test cases that incorporate PBI Acceptance Criteria as well as confirm adherence to the Definition of Done.

Specific Team Roles
• Client Product Owner – This is a Client business lead with the following responsibilities:
o Initial development and prioritization of the Product Backlog during Sprint 0, o On-going revision and re-prioritization of the Product Backlog (grooming), o Identification of the prioritized Sprint Backlog prior to Sprint Planning, o Adherence to the "Definition of Ready" for the targeted Sprint Backlog before the Sprint Planning meeting,
o Participation on behalf of Client in scrum planning and review meetings, o Direct Client testers to confirm completion of Sprint Backlog items, o Move completed items to "Done" on the scrum board before the Sprint Review, o Review and sign-off on all project deliverables.
• Client Subject Matter Expert (SME) / Tester – This is a Client role with the following responsibilities:
o Primary Client person supporting the Product Owner in creating/updating the Story/task details in the Product Backlog,
o Provides detailed answers for business questions posed by Scrum Team members, o Develop, document, and execute the test cases,
o Attends scrum meetings and is a member of the Scrum Team.

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• Client Project Manager – This is a Client role with the following responsibilities:
o Provides project and budgetary oversight and status,
o Provides backup for Gray Quarter Scrum Master/Project Manager, o Attends scrum meetings and holds the scrum standup meeting. • Gray Quarter Solution Architect(s), Script Specialist(s), Report Writer(s), Implementation Consultant(s), and Business Analyst(s):
o Gray Quarter resources are available to provide Product Backlog grooming support to the Product Owner,
o Define and validate Accela solution approaches and tasks during Sprint Planning and throughout the Sprint cycle,
o Perform configuration tasks assigned to the Gray Quarter team during the build Sprints,
o Attends scrum meetings and is a member of the Scrum Team. • Gray Quarter Scrum Master / Project Manager:
o Facilitates the use of the scrum methodology,
o Organizes and leads the scrum standup meeting, Sprint Planning, Sprint Review, and Sprint Retrospective,
o Works with Client PM to remove Scrum Team roadblocks and escalate issues as needed,
o Monitors team velocity and prepares weekly status reports, o Prepares mitigation plans for project risks and performs general project management discipline-related tasks.
• Client Oversight Team – This a Client team that includes senior-level stakeholders (such as the project sponsor) and managers, and provides strategic support to help define business needs and achieve project outcomes
Delivery Approach
The project will be delivered through a series of Agile Sprints. The first Sprint (Sprint 0) is roughly 4 weeks in duration and is allocated exclusively to Product Backlog grooming and elaboration in preparation for the first build Sprint. Build Sprints are 4 weeks in duration. The final Sprints prior to the Release are allocated to Production readiness and "hardening", performing the final code promotion, data migration, and end-to-end testing before Production use.

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Sprint Zero and Product Backlog Elaboration
The first Sprint for the project will consist of a Sprint 0 Product Backlog elaboration activity (Foundation Analysis). The purpose of Sprint 0 is for the Client Product Owner and the project team to create / elaborate the Product Backlog, assign Story Points, prioritize stories, and create the overall Release Plan. During the Foundation Analysis prior to finalization of the Release Plan, the team will compare the elaborated Product Backlog to the Scope as defined in this SOW to identify changes. If new or changed scope is identified during Foundation Analysis, the team will determine whether such items can be accommodated in the Release (through workshare or assignment of equivalent Product Backlog items to Client resources) or whether a Change Order (Please see Change Control section) is required to incorporate the new scope.

In addition, during Sprint 0, the team must elaborate enough Product Backlog detail to meet the "definition of ready" for Sprint 1 Planning. The Product Owner will conduct subsequent Product Backlog elaboration continuously, throughout each Release, creating elaborating enough detail to drive the subsequent Sprints. The Product Owner is responsible for identifying and prioritizing product backlog targeted for the next Sprint and elaboration work required to confirm the Sprint Backlog meets the Definition of Ready prior to the Sprint Planning session.

Sprint 0 Foundation Analysis
To complete Sprint 0, Gray Quarter will facilitate working sessions and activities to further understand and define the regulatory functions for the Client and how these workflows and functions will be automated within the Accela Civic Platform.

Integrations, imports, exports, conversions, and reports are identified in the Business Foundation Analysis from a functional perspective, in the context of the overall use cases/ User Stories.

Separate analysis for integrations (including imports and exports), conversions, and reports will commence during this phase following the business analysis sessions. These activities will complete the more detailed technical analysis, which often requires different participants than those in the business analysis sessions.
• For the conversion analysis, Gray Quarter staff will evaluate the data sources for all anticipated regulatory functions,
• For each data source, Gray Quarter will work with the Client data owner to define the conceptual data mapping to Accela, identify high level business rules and data transformations required based on the conceptual data mapping, and define the delivery/extract format Client will use to provide the datasets to Accela during Implementation. In addition, the team will identify data quality and cleaning tasks.

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• Gray Quarter will identify and define conceptual solutions for reports, imports, and exports.

Gray Quarter will incorporate these items into the Product Backlog by defining associated User Stories.

Sprint 0 Foundation Analysis Acceptance Criteria
The following is the acceptance criteria for the Sprint 0 deliverable:
• The Release Plan and Product Backlog accurately capture the inputs provided by Client staff during the business and technical analysis working sessions. • The Product Backlog and related artifacts contain sufficient detail to enable the team to understand the requirements and provide accurate build estimates. All items do not require full elaboration, as additional elaboration is expected to occur during later activities. The Product Owner has assigned a priority for each Product Backlog item. • Each Product Backlog item is assigned Story Points for purposes of understanding the relative effort to develop each item.

Definition of Ready
The criteria listed below define what the team considers readiness of Product Backlog items for scheduling into a Sprint during Sprint Planning:
• Story/PBI contains actors, problem, and value,
• Story should fit in a Sprint,
• Story is appropriately documented and ready for building. Supporting material for a Story will be attached to the appropriate "cards" in JIRA,
• Business value should be obvious, if not, it should be explicitly stated, • Story contains verifiable, explicit acceptance criteria, • Test case for the Story is written,
• Story focuses on business goals, not solutions.

During Sprint 0 and ongoing Product Backlog elaboration and grooming, the Product Owner (with support from the Scrum Team) performs the following activities:
• Prioritizes each PBI using the JIRA Priority field (Low, Medium, High, Critical), • Defines and prioritizes new Product Backlog items (see Change Control section above for process),
• Identifies changes needed to existing Product Backlog items (see Change Control section above for process),
• Continuously monitors relative priorities against the Release Plan (i.e., which PBIs are targeted for each Sprint) and applies changes to the Release Plan (in collaboration with the Gray Quarter Scrum Master/Project Manager),
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• Identifies PBIs for the next Sprint and elaborates sufficient details and tasks to confirm the Sprint Backlog meets the Definition of Ready prior to the Sprint Planning meeting, • Directs the Scrum Team in the creation of test cases.

Build Sprints
Build Sprints shall begin after the completion of Sprint Zero. The Product Owner in collaboration with the Gray Quarter Scrum Master/Project Manager and Scrum Team shall select sufficient work from the current Product Backlog for Sprint 1. Based on this selected work, the team will develop an initial Sprint Backlog, and enter the build Sprint phase of the Release.

Build Sprints continue until the Release Backlog is complete and ready for the Release Readiness or "hardening" Sprints.

Prior to the actual configuration or development occurring in a Sprint, the team performs Sprint Planning to review the Product Backlog items assigned to the Sprint, identify additional details surrounding each item and establish the tangible tasks to be completed by the team. The Scrum Team establishes the Sprint Backlog based on Product Owner priorities and by an assessment of the team's capacity during the Sprint and performance (delivery velocity) from previous Sprints. During Sprint Planning, the team commits to deliver a distinct set of User Stories/Product Backlog items.

Items not completed during the time-boxed Sprint (as per the jointly defined Definition of Done and Acceptance Criteria) remain on the Product Backlog for scheduling in a future Sprint.

Once the Sprint begins, the Sprint Backlog cannot be changed without invoking the Change Control Process. The Product Owner can add new requirements such as changes to a User Story or changes/additions to Acceptance Criteria, to the Product Backlog, but not to the Product Backlog items scheduled for completion within the Sprint currently underway. If the new Product Backlog items cause the Product Backlog to exceed the total initial Product Backlog size, equivalent items can be deprioritized (moved off the Product Backlog) or a Change Order (Please see Change Control section) processed to incorporate additional build Sprints into the project.

Throughout a Sprint cycle, standup meetings will be scheduled with the implementation team to discuss what team members accomplished the previous day, plan to accomplish that day, and discuss any issues or roadblocks. At the end of Sprint, final meetings will occur as a review and retrospective to discuss the completed Sprint and determine what could be changed that might make the next Sprint more productive.

During Product Backlog refinement (or grooming), the Product Owner can change the Product Backlog (add, change, remove items) as long as the total effort (hours estimate or Story Points) does not exceed the initially planned Product Backlog size.

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The following outlines each of these key build Sprint elements:

1. Sprint Planning Meeting – No longer than 4 hours, held at the start of each Sprint to discuss details for completing the tasks as part of the Sprint's Product Backlog. The following are the key objectives of this meeting:
o The Product Owner communicates the scope of work for the Sprint, reviewing "ready" Product Backlog items to be done.
o The team assesses the work and negotiates with the Product Owner on which PBIs can be completed in the Sprint.
o The entire team prepares the Sprint Backlog by detailing the work (i.e., tasks) needed to finish the selected Product Backlog items. This includes:
▪ Breakdown of the item into individual tasks,
▪ Estimate of the time required to complete each task,
▪ An allocation of the tasks within the development team.

2. Configuration, Development, and Unit Testing – the team configures and/or develops based on the tasks assigned in the Sprint Backlog.

3. Functional Testing – Client resources confirm the unit tested Product Backlog items conform to the acceptance criteria defined for the User Story. If an item passes functional testing, it is promoted to the Product Owner to indicate it is "done" and considered completed for the Sprint.

4. Scrum Meetings – each meeting during a Sprint, the team holds periodic scrum meetings. o All team members must come prepared.
o The meetings should occur at the same time and place every day. o The meetings should be limited (i.e., timeboxed) to fifteen minutes. o Each team member answers the following questions:
▪ What did I do yesterday that helped meet the Sprint goal? ▪ What will I do today to help meet the Sprint goal?
▪ Do I see any impediments that prevent me or the team from meeting the Sprint goal?
o Any impediment (stumbling block, risk or issue) identified in the scrum meeting should be captured by the Gray Quarter Scrum Master/Project Manager and an agreed person designated to working toward a resolution (outside of the scrum meeting). No detailed discussions should happen during the scrum. o The scrum enables the Gray Quarter Scrum Master/Project Manager to track a Sprint burndown chart that measures the current estimate of outstanding work required to complete each task in the Sprint Backlog against the total available time remaining in the current Sprint. If there is a discrepancy, the development team and the Gray Quarter Scrum Master/Project Manager must propose a corrective action plan to the Product Owner.

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5. Sprint Review– the team presents the completed work to the Product Owner during the Sprint review meeting held at the end of a Sprint. The meeting is recommended to be no more than two hours in duration. The following key objective should be met:
o The team reviews the work that was completed in the Sprint duration. For items that have passed functional testing, the Product Owner assigns a completed status ("done").
o The team also reviews planned work that was not completed. The Product Owner determines (outside of the Sprint review meeting) how to re-prioritize any incomplete work for future Sprints.

6. Sprint Retrospective Meeting – the Sprint retrospective meeting is also held at the end of the Sprint and is facilitated by the Gray Quarter Scrum Master/Project Manager. The purpose of this meeting is to foster continuous improvement within the team. This meeting should also be no more than two hours in duration. The following questions should be asked to the entire team:
o What went well during the Sprint cycle?
o What went wrong during the Sprint cycle?
o What could we do differently to improve?
As part of the Release Planning and Product Backlog grooming, the Product Backlog will be logically sequenced to address dependencies between technical components (conversion, interfaces, and reports). For example, the team will complete the base configuration of the license types during initial Sprints (e.g., Sprints 1, 2 and 3). In subsequent Sprints, the team will build the next logical layers such as automations, conversions, interfaces, and reports. The following list provides key considerations. • Solution Foundation – Early build Sprints will focus on configuring the base solution, or foundation. This base configuration solidifies the record types, data fields, and workflows for a given license process. It serves as the basis for automations, reports, and interfaces. • Automations – Automations are built against the base configuration. In some cases, the automation tasks related to a User Story may be scheduled for a later Sprint to enable the base configuration to be finalized prior to writing automation code. • Reports and Interfaces– Reports and interfaces are also built against the base configuration and are scheduled for Sprints after the foundation is done.

A given Sprint may include one or more of the following: configuration, business automation, report analysis, etc. The goal is to deliver increments of working product functionality within each Sprint. If a Product Backlog item/ User Story cannot be accomplished within a Sprint, the team must break it down to units of work achievable within a Sprint. In some cases, this may not be practical, for example an entire life cycle of an interface being built within the duration of a single Sprint. In these cases, the team will either break the work down into distinct increments or each Sprint may have pieces of the conversion and interface activities, such as Data Mapping occurring in an early Sprint, conversion development occurring in the next Sprint, and a test conversion run in a later Sprint.

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Software Release to Production
Once the Product Backlog items targeted for a Release are complete, the Scrum Team will enter the Production Release Sprints to complete Release testing, and code promotion to Production. During this project stage, final Release testing (often referred to as "hardening") is the goal of testing activities. This effort is focused on confirming that the product increments delivered in each Sprint interoperate as designed and that no new regression errors were introduced. Release Sprints ready the results of the completed build Sprints, enabling the promotion of a new set of configurations into Production Release, encompassing the following activities:
• Code and configuration promoted to the final staging environment, • Release hardening and regression tests,
• Code promotion to Production,
• Production Release and smoke test.

Release testing cycles are managed in Sprints similarly to how they are managed in a waterfall methodology. Once within the Release testing Sprint, the team will perform end-to-end hardening test for the new configurations and regression tests where applicable against previously released functionality. The Product Owner is responsible for prioritizing the team's work on go-live critical defects to complete the project stage within the allocated Sprint(s) (time box).

Conformance with the Release Definition of Done (which includes no Severity 1 or 2 defects open) constitutes the acceptance criteria for a Release. Defects are deviations from the Acceptance Criteria defined for the Product Backlog item. During the Release Sprint, Severity 1 or 2 defects will be prioritized. Out-of-scope issues will be closed or deferred to a future Release or Post-Production Support Backlog.

Post-Production Support
Following Production Go Live, Gray Quarter and Client will complete a Post-Production Stabilization Sprint (12 weeks) to address post- Production defects and transition the Release to the Client support team.

Assumptions
General Assumptions
• To meet the overall timelines of the project, the Client and Gray Quarter will adhere to the mutually agreed schedule and agree that time is of the essence. For schedule changes or elaboration during Sprint Planning, Gray Quarter and Client determine task deadlines to be documented in the project schedule and/or assigned during Sprint Planning for each Sprint.

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accept) will be achievable for deliverables and PBI approvals. The second review will focus on defects and comments raised during the first review.
• Sprint Execution – The Client and Gray Quarter will be responsible for maintaining the quality of the Sprint execution. This includes but is not limited to the duration, scope, task completion, feedback, participation, and Product Backlog grooming required for Sprint readiness. Any impact by any party to the Sprint may require a Project Change Order (Please see Change Control section) to address the need for more resources (i.e., time) to complete the remaining Sprints and project activities. Once the Sprints have been set, any changes to the Sprint’s scope could result in the need for a Project Change Order (Please see Change Control section) to account for the additional Sprints needed. • Testing Execution – The Client will be responsible for the build-out and completion of the testing scripts used to validate system functionality against requirements in scope. Case identification and disposition (training, new requirement, or defect) must be agreed upon at the end of each day by the Client Product Owner and Gray Quarter Scrum Master/Project Manager. This will allow for the proper execution of priority work items for the team to resolve to successfully close out the Sprint.
• Travel is anticipated in the performance of this SOW. The Client will be billed for travel expenses.
• No sales tax or use table shall be included in or added to the prices of material on this order. • The Client and Gray Quarter will review their responsibilities before work begins to ensure that the Services can be satisfactorily completed in the appropriate timeframe. • Gray Quarter is not responsible for impacts to the timeline caused by a dependency on a third party that is solely caused by the Client.

Payment Terms
Gray Quarter will perform the Services on a Time-and-Material basis. The total price to perform the Services and provide the Deliverables described herein is $2,100,336 at $168 per hour for a total of 12,502 hours exclusive of taxes and expenses (the "Time-and-Material").

The Time-and-Material price is based on the information available at the time of signing and the assumptions, dependencies and constraints, and roles and responsibilities of the Parties, as stated in this SOW.

Invoices will be sent monthly based on hours worked.

The Period of Performance (PoP) is projected to be twenty four (24) months from project kickoff to go live.

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Expenses
Travel is anticipated for this project and Gray Quarter has allocated up to $40,000 for travel expenses.

The City will approve any onsites from Gray Quarter prior to any finalizing of an onsite meeting. If additional travel is required beyond the travel budget, the client and Gray Quarter will mutually agree to the increased amount. The actual amounts of any reasonable and customary travel expenses incurred during the performance of the Services will be billed to Client. Gray Quarter will bill Client for actual expenses incurred for travel and lodging/living, as well as other approved out-of-pocket expenses (such as mileage, parking, tolls and telecommunications charges, etc.). City can reimburse per City’s reimbursement policy. Expense receipts will be made available as requested by Client.

Appendix A: Statement of Work for the ePermitHub’s
Digital Plan Room
High Level Overview of the DPR implementation
The Digital Plan Room (DPR) implementation will follow the Release Plan referenced on page 19 of the SOW. The DPR implementation phase activities are outlined below but will follow the SOW’s referenced 24 sprints and 4 iterative releases.

Implementation Phase Activities:

1. Project kick-off and initiation (Project startup phase listed within the SOW):
• Establish a communication and project tracking plan.
• Deliver the Project kick-off presentation and meeting.

2. Digital Plan Room Cloud Provisioning (Sprint 0: Foundation Phase listed within the SOW):
• Verify that all Accela Civic Platform prerequisites are in place. • Cloud Provisioning of the Digital Plan Room components into Client’s nonprod1 environment.
• Cloud Provisioning of the Digital Plan Room database. • Discuss nonprod2 and PROD environments.

3. Digital Plan Room Configuration Analysis (Sprint 1 listed within the SOW):

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• Define the configuration for each record type to be enabled in the plan room. • Gather all document types needed for upload and mapping to the plan room. • Gather Digital Signature validation requirements.
• Gather review package checklist requirements.
• Plan Accela workflow integration configuration points. • Design final approved documentation business logic.
• Determine Accela user group to Digital Plan Room role mappings. • Determine Digital Plan Room disciplines to workflow task configuration. • Gather stamp and watermark requirements.

4. Digital Plan Room Configuration (Sprint 2-23 listed within the SOW):
• Configure Accela Civic Platform standard choices as defined during Configuration Analysis.
• Configure Digital Plan Room business rules utilizing the DPR Accela SDK. • Implement custom EMSE scripting as determined during Configuration Analysis. • Develop stamps and watermarks as determined during Configuration Analysis.

Training, User Acceptance

1. User Acceptance Testing (UAT) will follow the SOW referenced on page 19.

2. Historical Plan Review Conversion:
• Migration of documents from in-flight plan review and historically approved projects from legacy electronic plan review platform into the Digital Plan Room. • Migration of textual comments for historical plan reviews.

3. Administrative and technical training will follow table 6, referenced in the SOW.

4. Staff Training will follow table 6, referenced in the SOW.

5. Agency Client Enablement:
• Produce contextually relevant public-facing training and help web-based videos for licensed professionals, contractors, owners, and the public submitting plans. • Produce public-facing User Guide for licensed professionals, contractors, owners, and the public submitting plans.
• Conduct web-based Agency Customer training sessions.

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ePermitHub Digital Plan Room Project Plan Details
The following section(s) describes the specific activities and tasks that will be executed to meet the Client's business objectives and requirements. In support of the implementation effort described below and within the SOW, Gray Quarter will provide the below-detailed implementation services. For each deliverable, a description is further defined below.

Digital Plan Room Provisioning
During the cloud provisioning step, the Gray Quarter team will review the Digital Plan Room cloud provisioning requirements with the Client’s technical team, including infrastructure and software prerequisites. Once the prerequisites are confirmed to be in place in the Client’s SUPP environment, the Digital Plan Room software components will be provisioned by the Gray Quarter and verified to work properly. Documentation on the software setup architecture specific to the Client will be provided to the Client’s technical team for reference.

Gray Quarter Responsibilities:
• Providing timely and appropriate responses to Client’s requests for information. • Consulting with Client resources to provide technical input and answer technical questions related to the requirements for the Digital Plan Room.
• Gray Quarter will provision up to two [2] sandbox environments.

Client Responsibilities:
• Providing timely and appropriate responses to Gray Quarter’s requests for information. • Providing Gray Quarter with Admin contact information to setup Client’s Admin account.

Digital Plan Room Configuration Analysis
During the Foundation phase and Sprints comprises of the activities required to define the appropriate configuration of the Digital Plan Room and its integration points with the Accela Civic Platform, specifically to reflect the Client’s plan review business processes. During this task, the Gray Quarter team, with input from the Client, will identify any details as it pertains to plan submittal, review, and approval and provide appropriate configuration specifications for the following items:
• Determine configuration for each Plan Review record type, • Determine all needed document types,
• Determine document upload configuration,
• Determine Digital Signatures validation configuration, • Determine Accela workflow integration configuration points, • Determine final approved set cloning business logic,
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• Determine Accela to Digital Plan Room user role mappings, • Determine Digital Plan Room discipline configuration, • Determine required Approval Stamps.

Gray Quarter Responsibilities:
• Providing timely and appropriate responses to Client’s request for information. • Interviewing staff to understand existing business processes. • Conducting meetings via email, web conference, and phone to gather and validate analysis input.

Client Responsibilities:
• Providing timely and appropriate responses to Gray Quarter’s requests for information. • Making available the appropriate Client key users and content experts to provide the required information, participate in the configuration analysis, and verify the accuracy of the documented workflows, input/output formats, and data elements. • Providing any existing business process documentation, including process flows; fee schedules; commonly used applications, reports, and forms; and other relevant information. • Scheduling participants and meeting locations for analysis activities.

Digital Plan Room Configuration
Gray Quarter will configure the Digital Plan Room and make any modification to the Accela Civic Platform configuration by the requirements and determinations made and agreed upon between Gray Quarter and the Client.

The following high-level tasks will be performed:
• Configure Accela Civic Platform standard choices for the Digital Plan Room as defined in the previous Deliverable,
• Configure new Accela document types and associated business rules, • Configure Digital Signature validation,
• Configure Digital Plan Room EMSE library and required scripts, • Implement custom EMSE scripting as determined during Configuration Analysis, • Design, create and configure Approval Stamps as determined during Configuration.

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Documentation on the software configuration specific to the Client will be provided to the Client’s administrative and technical team for reference.

Gray Quarter Responsibilities:
• Providing timely and appropriate responses to Client’s request for information.

Client Responsibilities
• Providing timely and appropriate responses to Gray Quarter’s requests for information. • Making available the appropriate Client key users and content experts to participate in creating the system to learn about the system (knowledge transfer). • Working with Gray Quarter to verify that the system meets the requirements captured in the foundation phase.

User Acceptance Testing (UAT)
During UAT, Gray Quarter will assist the Client in testing and validating the configuration and readiness to be migrated to production. The testing effort will require a significant time investment by the Client. The Gray Quarter will aid the Client through UAT support and address and rectify issues discovered during the UAT process.

Gray Quarter Responsibilities:
• Providing recommendations on testing strategy and best practices.

Client Responsibilities:
• Providing timely and appropriate responses to the Gray Quarter’s request for information. • Making available the appropriate Client key users and content experts to participate in UAT as defined and managed by Client.
• Utilizing the use cases documented in each Configuration Document Deliverable as the basis for the acceptance of this Deliverable.

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Administrative and Technical Training
The Gray Quarter will provide training to Client staff focusing on the administrative and technical setup and the Digital Plan Room administration and configuration. The goal is to educate Client staff in all aspects of the Digital Plan Room solution and ensure the staff is self-sufficient before Go-Live.

The Gray Quarter will provide remote training sessions that span 4 hours. Client staff is responsible for selecting qualified users for the training, who are critical to project success. The following topics will be covered as part of the training session:
• Accela workflow integration,
• Plans and Documents upload,
• Digital Plan Room roles and mapping to Accela roles,
• Digital Plan Room Standard Choices,
• Digital Signatures validation,
• Approval Stamps creation and deployment.

The Gray Quarter will provide Client staff with appropriate documentation for the topics covered in the training session.

Gray Quarter Responsibilities:
• Coordinate with the Client to define training schedule and logistics. • Deliver training per the specific requirements listed above and within the SOW.

Client Responsibilities:
• Select and prepare the power-users who participate in the training and subsequently training end-users.
• Arrange the time and qualified people for the training who are critical to the project’s success.
• Provide suitable Client facilities to accommodate various training classes. • Ensure that users are proficient in using PCs in a Windows environment as a prerequisite for the course.
• Ensure that users are familiar with the use of standard Internet browsers as a prerequisite for the course.
• Ensure that the users install prerequisite software prior to training.

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End User Training
Gray Quarter will complete all the necessary training to run electronic plan review operations across applicable departments. Training materials and required training sessions will be created and conducted.

Gray Quarter will provide the following onsite or remote training sessions to the Client End Users (Users with non-administrative roles) referenced on page 19 of the SOW.

It is recommended that each training session be recorded for reference.

The course curriculum is as follows:

Intake Specialists/Permit Technician Curriculum
Description
ePermitHub Digital Plan Room
embedded into Accela Citizen
Access
• Plan submittal from the Client perspective.
o Understanding the process, a Client will follow to submit an application and submit plans and supporting
documents.
o Review the types of file validation & digital signature validation occurring during submittal and how to
interpret any errors.
o Walkthrough file processing and reviewing the
automated sheet numbering.
• Resubmittal process from the Client perspective
o Reviewing & answering issues from a rejected plan set o Completing the resubmittal of plan addressing the
answered issues.
ePermitHub Digital Plan Room
embedded into Accela Civic
Platform Back Office
• Plan submittal from a staff perspective when done inhouse. • High-level review of Plan Reviewer activities
o Learn at a high-level the steps a plan reviewer will
perform and how they affect what the Client will see in Accela Citizen Access
Plan Reviewers/Managers Curriculum
Description
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ePermitHub Digital Plan Room
embedded into Accela Civic
Platform Back Office
• Accela workflow and the digital plan room
o Learn how the digital platform interacts with the Accela workflow
• Completing a plan review
o Navigating the digital plan room
o Overview of the viewer and available tools
o Creating issues & markup
o Reviewing issues and filtering tools
o Sheet versioning
o Comparison tools
o Stamping
• Rejecting plans & requesting revisions
• Resubmittals & approving plans.
• Create print set
• Overview of Intake Staff usage of the digital plan room o Plan submittal from a staff perspective when done
in-house
ePermitHub Digital Plan Room
embedded into Accela Citizen
Access
• Overview of Client usage of digital plan room
o Plan submittals and file validation & processing.
o Reviewing and answering issues contextually from the
plan markup
Gray Quarter Responsibilities:
• Coordinating with the Client to define training schedule and logistics. • Providing End User Training as described above.
• Providing training material in a format easily modifiable by the Client.

Client Responsibilities:
• Selecting and preparing the power-users who will be participating in the training and subsequently training end-users.
• Arranging the time and qualified people for the training who are critical to the project’s success.

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• Providing suitable Client onsite facilities to accommodate various training classes. • Providing printed training resources developed by Gray Quarter for Client staff. • Ensuring that users are proficient in using PCs in a Windows environment as a prerequisite for the course.
• Ensuring that users are familiar with the use of standard Internet browsers as a prerequisite for the course.

Agency Customer Enablement
In this context, the “Agency” (i.e., city, county, state, etc.) is the Gray Quarter’s Client, and the “Agency Customer” is the Agency’s Customers, such as the licensed professionals, owners and general public leveraging the ePermitHub Digital Plan Room embedded in Accela Citizen Access to:
• Submit their initial electronic plans and supporting documents, • Respond to Issues related to their plans created by Agency Plan Reviewers, • Resubmit corrected plan sheets (aka, digital slip sheets), • Access and print approved job copies of their plans.

During Agency Customer Enablement, Gray Quarter provides web-based training sessions, produces contextually relevant public-facing web-based training videos, and produces a User Guide for Agency’s Customers on how to use the ePermitHub Digital Plan Room embedded in Accela Civic Access. Client publishes videos and User Guide to a dedicated Digital Plan Room information page at Client’s website.

Gray Quarter Responsibilities:
• Provide three [3] web-based Agency Client training sessions of one [1] hours each covering the following topics:
o Plan Submittal,
o File Validation Overview,
o Response to Agency Correction comments,
o Plan Re-submittal.
• Produce the following five (5) public-facing videos:
o Uploading Plans & Supporting Documents,
o Finalizing & Submitting Review Packages,
o Accessing Review Issues & Conditions,
o Submitting Revised Plans,
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o Downloading Approved Plans.
• Produce User Guide in editable format.

Client Responsibilities:
• Creating a dedicated public-facing information web page for related Digital Plan Room videos and User Guide,
• Adding Client branding at the beginning and end of each video. • Adding Client branding to User Guide.
• Adding Digital Plan Room videos and User Guide to Client’s Digital Plan Room information web page.
• Coordination of the external Client webinar scheduling, registration and launching of the training.

Project Assumptions

1. Gray Quarter assumes the Client will have the proper resources to implement the Digital Plan Room software.

2. Gray Quarter assumes all Professional Services costs and work have been identified in the SOW. Any additional cost or work required for this project will be identified and requested through a Change Request process.

3. Gray Quarter assumes the Client has identified a dedicated Accela user-account to be used for communication between the ePermitHub and Accela software.

4. Gray Quarter assumes the Client will provide the appropriate staff to be trained on the software during the training periods outlined in the Project timeline.

6. Gray Quarter assumes it will provide recommendations to the Client for plan review related record types regarding record and workflow statuses most appropriate for the Digital Plan Room software.

7. Gray Quarter assumes all standard choices required to integrate the software into the Client’s Accela configuration and software will be configured by Gray Quarter.

8. Gray Quarter assumes the Client will collaborate with Gray Quarter on delivery of scripts required for the Digital Plan Room.

9. Gray Quarter assumes the Client’s Accela Configuration Environment and Production Environments are in sync.

10. Gray Quarter assumes Client will verify that all Accela Civic Platform prerequisites are in place.

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13. Training Execution parameters are as follows:
a. At the beginning of the project, the Client selects and prepares the power-users who will be participating in the training and subsequently training end-users. Any switch in Client internal resources may require the need for a project change request to account for missing time. b. In the event of onsite training, Client provides suitable onsite facilities and equipment, such as access to network-connected training computers and monitors, to accommodate various training classes.
d. In the event of offsite training, Client ensures all remote class attendees have access to suitable equipment, such as access to internet-connected training computers and monitors, to accommodate various training classes.
e. Gray Quarter provides training resources in digital format developed by Gray Quarter for Client staff being trained.
f. Ensure that users are proficient in using PCs in a Windows environment as a prerequisite for the course.
g. Ensure that users are familiar with the use of standard Internet browsers as a prerequisite for the course.

14. Schedule and delivery are contingent on availability and access to Client staff.

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Attachment 1
to the
Professional Services Agreement
between the City of San Bernardino and Gray Quarter, Inc.

ARPA CONTRACT TERMS AND EXHIBIT

1.1 Federal Provisions.

Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:

1.1.1 Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);

1.1.2 U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;

1.1.3 Treasury Compliance and Reporting Guidance for the Act;

1.1.4 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;

1.1.5 Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and

1.1.6 Federal contract provisions attached hereto as Exhibit “1 to Attachment 1” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

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EXHIBIT "1 to Attachment 1"

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 “1 to Attachment 1”.

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

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

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

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

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

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

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for 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 Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 352
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.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) 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. (ii) 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. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) 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 § Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 353
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.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) 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.
(ii) 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.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) 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). (ii) 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.
(iii) 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. (iv) 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.
(i) 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 Docusign Envelope ID: 9DFE957C-D0D9-4B1C-B758-54ECEFC2FE35 Packet Page. 354
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. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) 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. (ii) 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. (iii) 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. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.” (k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) 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). (1) 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).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.

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(3) 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.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) 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.
(ii) For purposes of this section:
(1) “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.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) 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.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) 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;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

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(c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

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

LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
(a) 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. (b) 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:
(i) 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.
(ii) 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.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 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.
(iv) 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. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part

20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) 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:

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(i) 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.
(ii) 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.
(iii) 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.
(iv) 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. (v) 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.
(d) 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.
(e) Protections for Whistleblowers.
(i) 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. (ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
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(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) 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 (g) 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. (h) 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:
(i) 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.
(ii) 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.
(iii) 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. (iv) 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.

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(v) 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).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) 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. (viii) 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. (ix) 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. (x) 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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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Mayor and City Council Strategic Goals and Priorities Quarterly Update.

Recommendation:

It is recommended the Mayor and City Council of the City of San Bernardino, California, receive and file the Strategic Goals and Priorities Update City Manager's Comments
The below is a quarterly update. We will continue to attempt to improve our reporting of the strategic goals and priorities in the next quarterly update.

Executive Summary
On June 8, 2026, the Mayor and City Council discussed the implementation of the City’s overall Goals and Priorities identified at the Mayor and City Council Strategic Planning Session and provided direction.

On December 17, 2025, the Mayor and City Council participated in a Strategic Planning Workshop to establish the City's goals, priorities, and strategic direction. Following the workshop, the City Manager’s Office developed proposed objectives aligned with the Council’s identified priorities. Staff is now seeking City Council review and direction on the proposed implementation action items.

Background
During the Strategic Planning Workshop, the Mayor and City Council engaged in robust discussions to help develop goals and priorities. As a result of these discussions, four Strategic Goals were identified to provide leadership, direction, and focus for the City of San Bernardino’s continued success.

The City Manager’s Office developed a series of proposed action items that align with Packet Page. 361
and support the implementation of the identified goals and priorities.

A Special Meeting was held on June 8, 2026, during which the Mayor and City Council reviewed, discussed, and formalized the City’s established goals and priorities. Since that time, staff has been working to implement these goals and priorities by aligning organizational resources and efforts with the City Council’s strategic direction.

In addition, the Mayor and City Council directed staff to provide quarterly updates on progress toward implementing the established goals and priorities.

Discussion
Strategic planning is an important component of effective governance, providing a framework to establish organizational priorities, strengthen operational practices, guide program implementation, and support informed decision-making. Recognizing that the development of a comprehensive Strategic Plan is a more extensive process that can take a year or longer to complete, the City established strategic goals and priorities as an interim step to provide near-term direction and maintain organizational focus.

In June 2026, the Mayor and City Council received a report outlining the City’s strategic goals and priorities, including recommended next steps and implementation strategies intended to strengthen City operations, enhance community services, improve transparency and accountability, and support long-term fiscal and economic vitality.

This report serves as the first quarterly follow-up and provides an update on the progress made. The attached update summarizes actions completed or underway and/or additional implementation efforts planned.

GOAL 1: Fiscal Sustainability
Conduct a comprehensive fiscal sustainability analysis
• Develop a 3 to 5 year Fiscal Sustainability Plan, including potential revenue opportunities for Council consideration.

Status: On target. Staff continues to explore and evaluate opportunities to generate additional revenue, diversify the City’s revenue sources, and strengthen long-term fiscal sustainability. It is anticipated a Fiscal Sustainability Plan will be presented to the Mayor and Council for consideration by March 2027.

Revenue
• A review of comparable cities indicates that property and sales taxes typically account for more than 70–80% of total General Fund revenues. In comparison, these revenue sources would represent approximately 59% of the City of San Bernardino’s revenues. • Identify, evaluate, and develop alternative revenue opportunities, and Packet Page. 362
present recommendations and implementation options to the City Council by March 2027.

Status: As an initial step in this effort, the Industrial and Logistics Revenue and Economic Opportunity Feasibility Study is being presented to the Mayor and City Council for consideration. The study is intended to evaluate potential revenue and economic opportunities associated with the industrial and logistics sector and provide information to assist the City Council in considering potential future strategies.

Staff will continue to identify and evaluate additional revenue opportunities and bring forward options for City Council consideration.

Initiate a Citywide Fee Study
• Evaluate existing fee schedules and cost recovery models, both positive and negative impacts and present a proposed updated fee schedule for Council consideration prior to the 2027-2028 Budget process.

Status: On target for 2027-2028 Budget process.

Forensic Audit Review
• Obtain a forensic auditor to provide an informational presentation to the City Council.

Status: On target. To be presented to Council by December 2026.

GOAL 2: Become an Organization of Excellence
Organizational assessment
• Conduct a comprehensive organizational assessment to evaluate the City’s structure, staffing, operational effectiveness, and capacity to meet current and future service demands.
• Organizational assessments are typically performed by an independent consulting firm. The results provide the City Manager with recommendations and flexibility to make organizational adjustments and align resources as City Council priorities and initiatives evolve. • Hire outside firm to perform organizational assessment. ▪ Staffing structure
▪ Operational efficiency
▪ Service delivery effectiveness
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Status: The City’s Classification and Compensation Study is nearing completion and will provide important information regarding classifications, compensation, and the City’s overall staffing framework. Following completion of the study, staff anticipates initiating a comprehensive organizational assessment to evaluate the City’s organizational structure, staffing levels, operational efficiency, and effectiveness of service delivery.

The organizational assessment will build upon the findings of the Classification and Compensation Study and assist the City Manager in identifying opportunities to align staffing and resources with the City Council’s strategic priorities, operational needs, and future service demands.

Public Relations and Strategic Plan
• Initiate a long-term Strategic Plan and authorize Request for Proposals for hiring an outside firm.
• Develop and implement a communications strategy designed to enhance the City’s image.

Status: Staff is preparing a Request for Proposals for an outside firm to assist with the development and implementation of a communications strategy.

GOAL 3: Improved Quality of Life
Housing and Homelessness
• Continue coordinating homelessness and housing strategies with regional partners.
• Complete the Navigation Center by January 1, 2027.
• Implement Street Medicine.
• Continue proactive efforts to address encampments and provide resources.
• Provide a housing update by January 2027.

Status: Housing and homelessness remain ongoing City priorities. Staff have made significant progress in advancing strategies, policies, and regulatory measures to address homelessness, improve neighborhood conditions, and strengthen housing-related efforts. Key actions completed or advanced include:

1. Homeless Individual Drop-Off Notification: Adoption of an ordinance establishing notification requirements related to the drop-off of individuals experiencing homelessness within the City.

2. Vacant and Abandoned Properties: Adoption of an ordinance requiring owners of vacant or abandoned properties to register with the City and comply with established property maintenance requirements.

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3. Camping on Public Streets and in Parks: Amendment of Chapter 12.98 of the San Bernardino Municipal Code related to camping on public streets and in City parks.

4. Housing and Homelessness Update: The Housing Division provided the Mayor and City Council with an update regarding the City’s ongoing efforts, initiatives, and strategies to address homelessness.

Staff will continue to implement these measures, evaluate their effectiveness, and identify additional opportunities to address housing and homelessness as part of the City’s broader strategic priorities.

Community Engagement and Neighborhood Vitality
• Maintain culturally relevant events and neighborhood programming. • Develop and implement a coordinated beautification and anti-blight initiative.
• Evaluate current Code Enforcement operations and present an updated implementation plan.
• Provide semi-annual Capital Improvement Project updates to the Mayor and City Council.

Status: Staff continues to advance initiatives that strengthen community engagement, enhance neighborhood vitality, and improve the overall quality of life throughout the City. Progress includes maintaining culturally relevant community events, advancing beautification efforts, and evaluating Code Enforcement operations to improve effectiveness and responsiveness.

Staff also continues to advance and monitor Capital Improvement Projects throughout the City, with regular updates planned to be provided to the Mayor and City Council regarding project status and implementation.

These efforts remain ongoing.

GOAL 4: Economic Development & Growth
Permitting and Development Services
• Modernize and streamline permitting processes through implementation of new software systems.
• Achieve full implementation by January 2027.
• Complete and adopt the General Plan by January 2027.
• Establish and provide clear, concise, and user-friendly processes for license and permits.
• Create a business attraction and retention program.

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Status: Efforts are underway to modernize and improve the City’s permitting and development processes, including implementation of technology and process improvements designed to provide greater efficiency, consistency, and transparency for applicants through the ERP implementation. Staff is also on target and continuing work toward completion and adoption of the General Plan.

These efforts are intended to create a more predictable and efficient development environment. Staff is working on ways to improve customer service, and position the City to better attract and retain investment and economic opportunities. .

Fiscal Impact
Fiscal impact will vary depending on project.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Strategic Goals and Priorities Quarterly Update.

Attachments
Attachment 1- Strategic Planning Workshop Report (December 2025) Ward:

All Wards
Synopsis of Previous Council Actions:

June 8, 2026 The Mayor and City Council reviewed and discussed the City’s overall goals and priorities and provided further direction.

December 17, 2025 The Mayor and City Council held a Planning Workshop to help guide and develop strategic Goals and Objectives.

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Strategic Planning
Workshop
D e c embe r
1 7 th
City of
202 5
Follow-up Report
San
Bernardino
San
Bernardino
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On December 17, 2025, the members of the City Council of San Bernardino and the City Manager’s Team convened for an offsite Strategic Planning Workshop.

All City Council members attended, except for Council Member Ibarra, who was excused. The gathering also included the City Manager, City Attorney, and City Clerk. The workshop aimed to give the City Council a platform to explore and refine their visions for the city’s future, engage in collaborative discussions regarding communication among Council Members, review their roles and responsibilities in decision-making, and establish new strategic goals.

Marie Knight, Owner of Knight Leadership Solutions, facilitated the retreat. This report summarizes many discussions and activities from the workshop, providing a roadmap that outlines the City Council's strategic priorities and aspirations for the community
The Agenda for the Day:

Morning Discussions:

Foundational
• What is the Purpose of the Workshop?
• Roles, Responsibilities, and Lanes
• Mutual Purpose/Common Ground/Decision Making
• Accomplishments and Achievements
• Personal Core Values
• City Council Pre-workshop Interview Summary
Potential
• Vision for the future
• Future Challenges and Opportunities
Afternoon Discussion:

Directional
• Previous 2020-2025 Strategic Goal Review
• Set New 3- year goals
• Discuss/Brainstorm Potential SMART Goal Objectives
• Next steps
Introduction
SB Strategic Planning 2
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Prouds:

SB Strategic Planning 3
Crime is down
Mt. Vernon Bridge
Software modernization
Commercial development corridors
The “Love Your Block” grant
Passing a balanced budget
New City Manager *
New City Clerk *
Park improvements
The approval of several affordable housing projects
Relationships with partners - the County, School Districts, etc.

New Pavement plan means our streets are all getting paved * *Multiple shared sentiments
The City Council discussed Accomplishments and Achievements in the past year:

Group Discussions
My Vision for today is:

Overall big-picture plan and goals
A list of priorities
Success in becoming a better team
To develop and curate a vision with specific priorities, collaboratively, as a Council body, aimed at truly changing the trajectory of the city To work closer with my colleagues to understand them more, and understand how our vision can be put into place
Getting a better understanding of City Council and create 2-year goals that staff can follow-up with on and create specific work strategies Painting a collective picture of what the City can look like in the next 3-5 years
Big picture plans and goals
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SB Strategic Planning 4
I Bring to the group:

Support, institutional knowledge and memory, optimism, different perspective, a reflective discomfort, dreams, and a readiness A readiness to listen
Institutional memory
Experience in Life, Business, and City governance for the City of San Bernardino
An optimism, readiness to put in what’s needed to realize change, and a head filled with dreams for the city that raised me
A different and younger perspective
Accountability, transparency, uncomfortable reflection
Trying to bring the vision through the organization, also bringing problem solving skills and (hopefully) desired outcomes
I Need from the group:

Participation, support, respect
Ideas on solving the many challenges facing the city
To understand our roles, stay in our lanes, and work as a team Open-mindedness and the spirit of collaboration
An effort to understand without judgement, open-mindedness, and respect for different opinions
Step up for the community, do the right thing, and follow through Vision and goal setting, clear direction, and collaboration Utilizing all of our collective experience
Group Discussions continued
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SB Strategic Planning 5
5 years from now what do you want the headline to be for the City of San Bernardino?
Headlines for the Future
San Bernardino gets a one hundred million dollar grant to revamp their Downtown area.

San Bernardino is booming! They have a thriving downtown and are leading innovation in _________.

San Bernardino is back on track! En route to becoming an All-American city! Re-imagination of Carousel Mall was successful this past year and San Bernardino is a leader in the region for economic development and creating housing.

Eric Levitt has been reappointed as the City Manager for the 5 year! th
San Bernardino breaks ground on Downtown and Carousel Mall rebuilds.

San Bernardino strikes deal with ____ (MLB or NFL) to bring their team in! Challenges/Opportunities On The Horizon
CITY COUNCIL:

City Hall is not currently a one-stop-shop for all services we offer Deferred infrastructure and facility maintenance
Homelessness
City revenue and budget
Asset management
Community bonding opportunities
Changing the culture at City Hall
Planning for the future
CITY MANAGER:

Land utilization (both vacant and not) as a part of economic development Packet Page. 371
Setting New Strategic Goals: Recap
The City Council reviewed the previous Strategic Goals that were established in 2020:
• Financial Stability
• Focused, Aligned Leadership and Unified Community
• Improved Quality of Life
• Economic Growth and Development
During their discussion, the Council considered whether these goals and their corresponding objectives remained relevant, were completed, required refinement, or if anything was missing. It was highlighted that there were currently no metrics available to measure the progress of these objectives, making it challenging to assess their relevance or completion status.

Before exploring potential new strategic goals, the facilitator reviewed responses from the City Council gathered in the Pre-Workshop Interviews concerning their top priorities for the Community in the coming years. These priorities generally fell into the following categories:

Infrastructure & Services
Economic Development
Streamlining permitting processes
Public Safety
Homelessness & Blight
Equity & Quality of Life
Community Engagement & Communication
Leadership & Consistency
The City Council felt that a few of the previous goals needed some refinement to reflect the current needs of the Community and the Organization, and to provide greater clarity in outcomes that were desired from the goals. The following are the new 3-Year Strategic Goals set by the City Council:

New 2026-2029 Strategic Goals
• Fiscal Sustainability
• Become an Organization of Excellence
• Improved Quality of Life
• Economic Growth and Development
Previous strategic goals:

SB Strategic Planning 6
Packet Page. 372
GOAL 1: FISCAL SUSTAINABILITY
Potential Pillar: Identify Additional Revenue Streams
Revenue Streams Tracking Reserves
Review Investment Portfolio
Property Taxes /fire District
Tax Revenue Options (ie) CDPs, EIFDs, community facilities district, special finance districts
Potential Pillar: Internal Fiscal Health Review
Auditing Services (spending wisely) *Fee study (2020)
Citywide Forensic Audit
Preview Class & Comp Study
SB Strategic Planning 7
Setting Potential Strategic Goal Objectives
The City Council participated in an exercise aimed at pinpointing actionable items that could drive success for each of the new three-year Strategic Goals. The City Manager and his Executive Team will utilize this feedback to formulate a list of SMART (Specific, Measurable, Achievable, Relevant, and Time-Based) Objectives for each goal area. These will be presented to the City Council at an upcoming meeting for their review and approval. The objectives developed by the staff will be feasible for completion within the next three years, considering the organization's current resources and capacities, workload, or with additional resources that may need to be allocated. The Council recommended that while staff is drafting the Potential Objectives, they should take into account “Pillars” under each Goal Area to more clearly delineate the major areas of work required.

Brainstorming Potential Strategic Goal Objectives:

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SB Strategic Planning 8
Setting Potential Strategic Goal Objectives
GOAL 3: IMPROVED QUALITY OF LIFE
Potential Pillar: Increase Community Engagement
Increase culturally relevant city events (Festival; Mt Vernon Bridge w classic cars) and strategize the placement of events.

PR Campaigns (Love Your Block), on multiple Mediums - Printed and social media *meet where they are at
Potential Pillar: Focus on Public Safety
Increase housing and decrease homelessness
Create Enhanced Park Programs for underserved populations (ie: teens etc.) Focus on Walkability
Potential Pillar: Community Beautification
Focus on Public Safety and Beautification
Clean Parks (address trash and illegal dumping *Burrtec), better lighting, paved streets.

Increase Code Enforcement efforts and address slum lords.

Develop a plan to address blight (building vacancies)
GOAL 2: BECOME AN ORGANIZATION OF EXCELLENCE
Potential Pillar: Leadership Development
Create a Succession Plan for Management and Leadership positions.

Create plans for coaching and staff development, and build the capacities of current leaders, fostering strong and stable Leadership Potential Pillar: Creating a Healthy Organization focused on a positive culture and environment.

Create Policy Manuals and Guidelines prioritizing: planning and development, permits and processes, human resources, and smart city innovations.

Assess current staffing to ensure it reflects Council’s priorities Create Organizational Values
Provide customer service training to raise the bar and create consistant standards.

Focus on "Smart" practices vs "Best" practices
Packet Page. 374
SB Strategic Planning 9
Setting Potential Strategic Goal Objectives
GOAL 4: ECONOMIC GROWTH AND DEVELOPMENT
Potential Pillar: Business and Asset Development
Focus on redevelopment of business corridors (ie) Baseline Mt. Vernon, 40 . Highland, Waterman, etc.
th
Focus on Downtown redevelopments
Leveraging assets and city-owned properties as well as private assets 3 space walkability that attracts and serves the students in the city rd
Review permitting system - improve & expedite
Potential Pillar: Leveraging Community Partnerships and Opportunities.

Increase inter-agency partnerships (ie) Chamber of Commerce, School Districts, County...

Work-force development
Job creation opportunities
Explore High-tech opportunities with universities and medical/health institutions Explore creation of internships, apprenticeships, and externships - youth-focused Big Ideas
Here are some ideas you wanted to capture, and/or circle back to in the future:

The City Council has committed to ensuring that all new proposed agenda items are directly aligned with the new Strategic Goals and Objectives established during the Workshop.

Regular updates and progress reports will be required by the City Council, along with data and tracking metrics for all finalized Strategic Goal Objectives.

The City Council proposed a review of the current procedures for setting both the Council Meeting Agenda and adding future agenda items, asking the City Manager to present potential options for revising and improving these processes.

It was recommended that all outstanding additional agenda items be evaluated for their relevance to the new 3-Year Strategic Goals and Objectives.

The City Council aims to provide dashboards and metrics to our constituents, showcasing the progress of our goals and objectives that are currently being implemented.

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SB Strategic Planning 10
01 02
03 Next Steps...

City Manager and Executive Team Review: The City Manager and Executive Team will evaluate the City Council’s new Strategic Goals, along with insights on potential Objectives and Pillars. They will then formulate actionable SMART Objectives that can be implemented within the next 1 to 3 years for each Goal. Some Draft Objectives may be introduced in a phased manner, while others might necessitate the allocation of additional resources. These Draft Objectives will clarify:
**WHO** will take the lead
**WHAT** the intended outcomes are
**WHEN** the action is expected to be completed, presented to the City Council, or approved by the City Manager
The City Manager will present the Draft Objectives to the City Council at a future meeting for input and final adoption, as well as an agreed upon process for progress reports and updates to the City Council. .

Once the Strategic Plan is adopted by the City Council, the City Manager and Executive Team will work within the organization to create the necessary staff work plans to ove the needle forard towards completion of the Objectives.

We thank you for engaging us to facilitate
your path forward to continued success.
04 The Team will begin to work the plan and the City Manager will provide regular progress reports to the City Council.

Packet Page. 376

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Professional Services Agreement with Atkinson, Andelson, Loya, Ruud, and Romo in the amount of
$300,000 for Legal Services (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a Professional Services Agreement with Atkinson, Andelson, Loya, Ruud, and Romo, subject to review and approval by the City Attorney's Office, in an amount not to exceed $300,000 for legal services.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
Atkinson, Andelson, Loya, Ruud, and Romo (AALRR) is a full-service law firm that specializes in employment and labor law. The Professional Services Agreement with AALRR) will provide the City with qualified outside legal counsel to address litigation involving these matters, which protects the City’s interests and avoids unnecessary liability.

Background
The City routinely utilizes qualified outside counsel to address litigation against the City. Atkinson, Andelson, Loya, Ruud & Romo (AALRR) is a full-service law firm with an emphasis in employment and labor law, and they have represented the City in multiple cases over the past decade. The City has been named as a defendant in a civil action filed in San Bernardino County Superior Court and now requires outside counsel to defend its interests in this matter, which is essential and avoids unnecessary liability.

Discussion
The Agreement with AALRR will allow the firm to defend the City in the filed lawsuit.

Packet Page. 377
The not-to-exceed amount of $300,000 would provide representation through both trial and any post-trial motions; however, appeals are not included and would require a separate written agreement. The Firm does expect that the total cost for services will exceed $300,000 and they will only invoice the City for costs that are actually incurred.

Strategic Goals and Priorities
Approval of the agreement aligns with Key Target No. 1e: Improved Operational & Financial Capacity – Minimize Risk and Litigation Exposure. Continued legal representation protects the City’s interest and avoids unnecessary liability.

Fiscal Impact
The fiscal impact is $300,000. The Fiscal Year 2026-27 Operating Budget has sufficient funds to accommodate this Agreement.

Conclusion
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 Atkinson, Andelson, Loya, Ruud, and Romo, subject to review and approval by the City Attorney's Office, in an amount not to exceed $300,000 for legal services.

Attachments
N/A
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
CC

Packet Page. 378

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Mary Lanier, Interim Director of Community Development & Housing
Department: Community Development & Housing
Subject: Adoption of Ordinance No. MC – 1670 Approving General Plan Amendment 25-02 and Development Code
Amendment 25-07 (Zoning Map Amendment)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC – 1670 approving General Plan Amendment 25- 02, which changes the General Plan Land Use designation from Commercial to MultiFamily Residential and Development Code Amendment (Zoning Map Amendment) 25- 07, which changes the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, -22, -24, and -26; and amends the San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments, pursuant to a Mitigated Negative Declaration.

Executive Summary
Adoption of General Plan Amendment 25-02 changes the General Plan Land Use designation from Commercial to Multi-Family Residential and adoption of Development Code Amendment 25-07 (Zoning Map Amendment), changes the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, -22, -24, and -26; and amends the San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments. The first reading for Ordinance No. MC – 1670 was introduced to the Mayor and City Council at the September 16, 2026 hearing.

Packet Page. 379
Background
On July 22, 2026 the City of San Bernardino Development and Environmental Review Committee (DERC) made the motion to move the aforementioned project to the City of San Bernardino Planning Commission for consideration. On August 11, 2026, the Planning Commission unanimously made the motion to recommend the project to the San Bernardino Mayor and City Council via Resolution 2026-024.

On September 16, 2026, the Mayor and City Council adopted Resolution 2026-153 adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving Subdivision 25-03 (TTM20526) to allow the subdivision of the

5.82 acre project site into sixty-eight (68) single-family Planned Residential Development (PRD) lots, and Development Permit Type-P 25-07 to allow the development, establishment, and architectural review of sixty eight (68) two-story detached PRD dwellings; and introduced Ordinance No. MC – 1670 approving General Plan Amendment 25-02, which changes the General Plan Land Use designation from Commercial to Multi-Family Residential and Development Code Amendment 25-07 (Zoning Map Amendment), which changes the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, - 22, -24, and -26; and amends City of San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments.

Discussion
On September 16, 2026, the Mayor and City Council introduced Ordinance No. MC - 1670 and on October 7, 2026 approved Ordinance No. MC – 1670 changing the General Plan Land Use designation from Commercial to Multi-Family Residential and Development Code Amendment (Zoning Map Amendment) 25-07, changing the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, -22, -24, and -26; and amending the City of San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments, pursuant to a Mitigated Negative Declaration (Attachment 1, Exhibit A and B). Pursuant to Section 19.74.040 Council Action on Amendments, amendments to the Zoning Map shall be adopted by ordinance and therefore become effective thirty (30) days after the second reading. 2021-2025 Strategic Targets and Goals
General Plan Amendment 25-02 and Development Code Amendment 25-07 (Zoning Map Amendment)aligns with Key Target No. 3: Improve Quality of Life. The sixty-eight (68) detached single family homes will help the City meet its State mandated housing requirements, will be consistent with the surrounding residential land uses, and provides for a market rate housing stock
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Fiscal Impact
There is no negative Fiscal impact associated with the project.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC – 1670 approving General Plan Amendment 25- 02, which changes the General Plan Land Use designation from Commercial to MultiFamily Residential and Development Code Amendment (Zoning Map Amendment) 25- 07, which changes the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, -22, -24, and -26; and amends the San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments, pursuant to a Mitigated Negative Declaration.

Attachments
Attachment 1 Ordinance No. MC – 1670 (Approving GPA 25-02 and DCA 25-07) Attachment 2 Ordinance No. MC – 1670 (Approving GPA 25-02 and DCA 25-07) – Exhibit A-Amendment to Development Code Notations
Attachment 3 Ordinance No. MC – 1670 (Approving GPA 25-02 and DCA 25-07) – Exhibit B-Zoning Map Amendment
Ward:

Second Ward; All Wards
Synopsis of Previous Council Actions:

September 16, 2026 Mayor and City Council introduced Ordinance No. MC – 1670 Packet Page. 381
ORDINANCE NO. MC-1670
1 ORDINANCE NO. MC-1670

ORDINANCE OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING GENERAL PLAN AMENDMENT 25-02

CHANGING THE GENERAL PLAN LAND USE
DESIGNATION FROM COMMERCIAL TO MULTIFAMILY RESIDENTIAL AND DEVELOPMENT CODE AMENDMENT 25-07 (ZONING MAP AMENDMENT)

CHANGING THE ZONING DESIGNATION FROM

COMMERCIAL OFFICE (CO) TO RESIDENTIAL

MEDIUM (RM) FOR ASSESSOR PARCEL NUMBERS
0148-303-21, -22, -24, AND -26; AND AMEND THE SAN

BERNARDINO DEVELOPMENT CODE TO ALLOW

PLANNED RESIDENTIAL DEVELOPMENTS (PRD) TO

ESTABLISH PROJECT-SPECIFIC DEVELOPMENT

STANDARDS, INCLUDING SETBACKS BETWEEN

STRUCTURES, AND SITE COVERAGE STANDARDS IN

LIEU OF FIXED NUMERICAL DEVELOPMENT

STANDARDS WITHIN PLANNED RESIDENTIAL

DEVELOPMENTS PURSUANT TO A MITIGATED
NEGATIVE DECLARATION.

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, General Plan Amendment 25-02 and Development Code Amendment 25-07 (Zoning Map Amendment) constitute a portion of the Little Mountain Planned Residential Development Project ("Project"); and
WHEREAS, General Plan Amendment 25-02 is a request to amend the General Plan Land Use designation from Commercial to Multi-Family Residential pursuant to Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and WHEREAS, Development Code Amendment 25-07 (Zoning Map Amendment) changes the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, -22, -24, and -26; and amends the San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments; 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
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ORDINANCE NO. MC-1670
2 WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15073, preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) were prepared for the Project; and WHEREAS, on July 22, 2026, pursuant to Section 19.44.030 (Project Review) of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and forwarded General Plan Amendment 25-02 and Development Code Amendment 25-07 (Zoning Map Amendment) to the Planning Commission for consideration; and WHEREAS, on August 11, 2026 the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and staff’s report. At the public hearing there was no opposition to the Project and after the public comment session, the Planning Commission deliberated and a motion was made by Commissioner Carlone, seconded by Commissioner Quiel, to approve staff’s recommendation to forward an approval recommendation of the Project, to the Mayor and City Council. The motion was approved unanimously per Resolution 2026-024; and
WHEREAS, notice of the September 16, 2026 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on September 5, 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 WHEREAS, at the public hearing conducted by the Mayor and City Council on September 16, 2026 there was no opposition to the Project; and
WHEREAS, pursuant to the requirements of Chapters 19.42 (Development Code Amendments) and 19.50 (General Plan Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on General Plan Amendment 25-02 and Development Code Amendment 25-07 (Zoning Map Amendment).

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. The City Council having independently reviewed and analyzed the record before it, including the adopted Packet Page. 383
ORDINANCE NO. MC-1670
3 Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment.

SECTION 3. Findings of Fact – General Plan Amendment 25-02 Finding No. 1: The proposed amendment is consistent with the General Plan.

Finding of Fact: The proposed amendment will change the General Plan Land Use Designation from Commercial to Multiple-Family Residential for the entirety project site containing approximately 5.82 acres. The MultipleFamily Residential General Plan Land Use Designation is intended to provide for the residential uses to meet the housing demand of current and future residents. The proposed amendment will allow for the development and establishment of a Planned Unit Development comprised of one hundred sixty-eight (68) detached single-family dwellings, which is consistent with the existing single-family residential developments within the project area. Therefore, the proposed project is consistent with the following General Plan goals and policies:

General Plan Land Use Element Policy 2.2.1: Ensure
compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element.

General Plan Land Use Element Goal 2.4: Enhance the
quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development.

General Plan Community Design Element Goal 5.4: Ensure
individual projects are well designed and maintained.

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 amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to change the General Plan Land Use Designation of the entirety of the project site from Commercial to Multiple-Family Residential will facilitate the development and establishment of a Planned Unit Development comprised of one sixty-eight (68) detached single-family dwellings consistent with the existing surrounding single-family residential developments. The project site is generally flat, with access from N.

Miramonte Drive and N. Little Mountain Road, can be fully served by utility providers, and will not result in the need for the excessive provision Packet Page. 384
ORDINANCE NO. MC-1670
4 of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Draft Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program.

Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City.

Finding of Fact: The proposed amendment would result in the entirety of the project site having the Multiple-Family Residential General Plan Land Use Designation, which will allow for the development and establishment of a Planned Unit Development comprised of sixty-eight (68) detached singlefamily dwellings. The subject property is located adjacent to an existing single-family residential neighborhood.

Therefore, the proposed change from Commercial to Multiple-Family Residential for the project site would allow the proposed project to be harmonious to existing residential uses, thereby providing for an 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 project site is currently comprised of four (4) parcels that is proposed to be subdivided into one sixty-eight (68) single-family residential lots and common open spaces to correspond to the proposed Planned Unit Development. There are no physical constraints on the site, such as steep slopes or watercourses.

SECTION 4. Findings of Fact Development Code Amendment 25-07:

Finding No. 1: The proposed amendment is consistent with the General Plan.

Finding of Fact: The proposed amendment will rezone the site from Commercial Office (CO) to Residential Medium (RM) for four (4) vacant parcels totaling approximately 5.82 acres; and amend the standard in Chapter 19.04 (Residential) for Planned Residential Development, (Section N: 2 and 5) to allow Planned Residential Developments (PRDs) to establish projectspecific setbacks, including between structures, and site coverage in lieu of fixed numerical standards (Exhibit C); a PRD may establish alternative setbacks, including between structures, subject to approval of the review authority. All setbacks and separations shall comply with applicable standards of the California Building Standards Commission and the County Fire Code, as determined by the City of San Bernardino Building Official and County Fire Department, and shall be sufficient to ensure emergency access, and life safety. With the approval of DCA 25-07 (ZMA) the density of the project would conform to the Residential Medium (RM) standards.

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ORDINANCE NO. MC-1670
5 Therefore, the proposed project is consistent with the following General Plan goals and policies:

General Plan Land Use Element Policy 2.2.1: Ensure
compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element.

General Plan Land Use Element Goal 2.4: Enhance the
quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development.

General Plan Community Design Element Goal 5.4: Ensure
individual projects are well designed and maintained.

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 amendment will not harm the public interest, health, safety, or welfare of the City. Rezoning the site from Commercial Office (CO) to Residential Medium (RM) will enable a Planned Unit Development allocating units to our RHNA numbers and available housing stock.

Updating the City of San Bernardino Development Code to allow Planned Residential Developments (PRDs) to use project-specific setbacks and site coverage—rather than fixed standards—aligns with industry practices and supports increased density. Safety will be ensured through case-by-case review by the Fire Department and Building and Safety, with measures such as fire-rated walls and interface plans.

Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City.

Finding of Fact: The proposed amendment would result in the entirety of the project site having the Residential Medium (RM) Zoning District Classification to allow for the development and establishment of a Planned Unit Development comprised of sixty-eight (68) detached single-family residences. The subject property is located adjacent to an existing singlefamily residential neighborhood. Therefore, the proposed change from Commercial Office (CO) to Residential Medium (RM) for the project site would allow the proposed project to be harmonious to existing residential uses, thereby providing for an appropriate balance of land uses within the City.

Packet Page. 386
ORDINANCE NO. MC-1670
6 Finding No. 4: The subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development.

Finding of Fact: The project site is currently comprised of four (4) parcels that is proposed to be subdivided into one sixty-eight (68) single-family residential lots and common open spaces to correspond to the proposed Planned Unit Development. Utilities are available directly from Little Mountain drive.

There are no physical constraints on the site, such as steep slopes or watercourses.

SECTION 5. General Plan Amendment 25-02 a request to amend the General Plan Land Use designation from Commercial to Multi-Family Residential pursuant to Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and Development Code Amendment 25-07 (Zoning Map Amendment) changing the zoning designation from Commercial Office (CO) to Residential Medium (RM) for Assessor Parcel Numbers 0148-303-21, -22, -24, and -26; and amends the San Bernardino Development Code to allow Planned Residential Developments (PRDs) to establish project-specific development standards, including setbacks between structures, and lot coverage standards in lieu of fixed numerical development standards within planned residential developments, attached hereto and incorporated herein by reference as Exhibit A and Exhibit B, is hereby approved.

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 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.

Packet Page. 387
ORDINANCE NO. MC-1670
7 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7
th day of October 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Albert Maldonado, City Attorney
Packet Page. 388
ORDINANCE NO. MC-1670
8 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-1670, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of September 2026. Ordinance No. MC-1670 was approve passed and adopted at a regular meeting held the 7
th day of October, 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 8th day of October 2026.

Telicia Lopez, CMC, City Clerk
Packet Page. 389

EXHIBIT A
Development Code Chapter 19.04 (Residential) for Planned Residential Development, Section N (2) and (5):

Chapter 19.04 (Residential) for Planned Residential Development, Section N: 2 and 5 shall be modified as follows:

2. Minimum Lot Size: The minimum lot size for a detached single-family unit in a Small Lot Subdivision shall be 5,000 square feet. PRDs may create lot sizes to accommodate the creation of attached single-family dwelling units or Clustered Subdivisions.

5. Setbacks: The minimum front, rear, and side structural setback from the project perimeter boundary shall be 15 feet. The minimum dwelling unit side structural setback from other dwelling unit structures is 15 feet plus one foot for each 15 feet of structure length. In small lot subdivisions the minimum side setback is five feet with a 15-foot minimum dwelling unit separation.

2. Minimum Lot Size and Setbacks: Notwithstanding this section, a PRD may establish alternative setbacks, including between structures, as well as minimum lot size, subject to approval of the review authority. All setbacks and separations shall comply with applicable standards of the California Building Standards Commission and the City Fire Code, as determined by the Building Official and Fire Department, and shall be sufficient to ensure emergency access, life safety, and implementation of any mitigation measures adopted pursuant to the California Environmental Quality Act.

Packet Page. 390

CITY OF SAN BERNARDINO

PLANNING DIVISION
PROJECT: GPA 25-02, DCA 25-07 Zoning Map Amendment
HEARING DATE: October 7, 2026
Exhibit B Zoning Map Amendment
NORTH

PROJECT SITE
Packet Page. 391

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Cassandra Searcy
Department: Community Development & Housing
Subject: Approval of Amendment No. 1 to the Professional Services Agreement Between the City of San Bernardino and
Keyser Marston Associates Inc. (All Wards)
Recommendation:

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

1. Approve Amendment No. 1 to the Professional Services Agreement between the City of San Bernardino and Keyser Marston Associates Inc., to extend the term of agreement to March 31, 2027 and increase the total compensation amount by $50,000, bringing the total not to exceed compensation amount to $150,000.

2. Authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement between the City of San Bernardino and Keyser Marston Associates Inc.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
The City currently utilizes Keyser Marston Associates, Inc. (KMA) to provide financial advisory and real estate consulting services in support of the City’s affordable housing activities. KMA assists the City with evaluating affordable housing projects, analyzing financing structures and project feasibility, and determining appropriate levels of City financial participation.

Staff recommends approval of Amendment No. 1 to the Professional Services Agreement with KMA to extend the agreement for an additional six months through Packet Page. 392
March 31, 2027, and increase the total not-to-exceed compensation amount by $50,000, from $100,000.00 to $150,000.00. The six-month extension will provide continuity of financial advisory services while the City completes a competitive procurement process for longer-term affordable housing financial and real estate consulting services. During the extension period, staff intends to release a Request for Proposals (RFP) to evaluate qualified firms and select a consultant for services beyond March 31, 2027.

Background
In December 2023, the City released a Request for Proposals (RFP) for affordable housing, real estate development advisory, and Community Housing Development consulting services, for which Keyser Marston Associates, Inc. (KMA) was the sole respondent. The City evaluated available alternatives and determined that, while other firms provide similar services, KMA offered a strong combination of technical expertise, institutional knowledge, and service continuity. KMA’s longstanding familiarity with the City’s development history and housing and homelessness initiatives further positioned the firm to support the City’s ongoing affordable housing activities effectively.

On October 1, 2025, the City entered a one-year Professional one-year Professional Services Agreement with Keyser Marston Associates Inc. (KMA) for Affordable Housing Transactions Services, totaling $100,000, to support the Housing and Homeless Division in analyzing viable affordable housing projects by performing Pro forma analysis of new development project and, multi-family affordable housing projects funded with, but not limited to, HOME, Neighborhood Stabilization Program, Mortgage Revenue Bonds, Mental Health Services Act Funds, Low-Income Housing Tax Credits, and New Market Tax Credits.

Discussion
The City of San Bernardino (City) is an entitlement jurisdiction that annually receives federal and state housing and community development funding, including Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), HOME Investment Partnerships Program – American Rescue Plan (HOME-ARP), Permanent Local Housing Allocation (PLHA), Low- and Moderate-Income Housing Asset Funds (Low-Mod), and other funding administered by the U.S. Department of Housing and Urban Development (HUD) and the California Department of Housing and Community Development (HCD). These resources support the development and preservation of affordable housing, suitable living environments, and expanded economic opportunities for low- and moderate-income residents.

To support the effective use of funding and advance the City’s affordable housing activities, the City entered into a Professional Services Agreement with Keyser Marston Associates, Inc. (KMA) on October 1, 2025. Under the Agreement, KMA provides affordable housing and real estate consulting services, including pro forma analysis of multifamily affordable housing projects, recommendations regarding the appropriate level of City financial participation, analysis of financing structures and project risks, transactional financial advisory services, and assistance in structuring financing to Packet Page. 393
leverage City funding sources. KMA also assists staff with evaluating development proposals and provides other housing finance and real estate consulting services, as requested. These activities are consistent with the Scope of Services in the Master Agreement.

The existing Professional Services Agreement with KMA has a total not-to-exceed amount of $100,000.00.The City utilized a sole-source procurement process for the original agreement based on KMA’s specialized expertise, institutional knowledge, and familiarity with the City’s affordable housing and community development programs.

As the City continues to advance multiple affordable housing projects and evaluate the use of federal, state, and local housing resources, continued financial advisory support.

Amendment No. 1 will provide an additional six months of services through March 31, 2027, and increase the total not-to-exceed compensation by $50,000.00, from $100,000.00 to $150,000.00, so that the city may execute a competitive procurement process for services beyond March 31,2027.

Strategic Goals and Priorities
The request for the approval of Amendment No.1 to the Professional Services Agreement with Keyser Marston Associates Inc. aligns with Strategic Target No. 3:

Improved Quality of Life, by reducing the burden of homelessness and advancing the City’s commitment to collaborative solutions and housing stability.

Fiscal Impact
Amendment No. 1 will result in an additional cost of $50,000.00, increasing the total not-to-exceed compensation to $150,000.00, funded as follows:

General Fund: $10,000.00
HOME Investment Partnerships Program (HOME): $22,500.00 Low and Moderate-Income Housing Asset (Low-Mod): $17,500.00 Total Amendment No. 1 increase amount: $50,000.00
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve Amendment No. 1 to the Professional Services Agreement between the City of San Bernardino and Keyser Marston Associates Inc., to extend the term of agreement to March 31, 2027 and increasing the total compensation by $50,000, bringing the total not to exceed compensation amount to $150,000.

2. Authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement between the City of San Bernardino and Keyser Marston Associates Inc.

Packet Page. 394
Attachments

1. KMA Professional Services Agreement (2025 - 2026)

2. KMA Professional Services Agreement (2025 – 2026) Amendment No.1
Ward:

All Wards
Synopsis of Previous Council Actions:

CC
Eric Levitt, City Manager
Packet Page. 395
1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND KEYSER MARSTON ASSOCIATES, INC.

This Agreement is made and entered into as of October 1, 2025, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Keyser Marston Associates, Inc. a California Corporation (“Consultant”) with its principal place of business at 1299 4th Street, Suite 408, San Rafael, CA 94901 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

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

Affordable Housing Transactions Services for the Community and Economic Development Department (hereinafter referred to as “the Project”).

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

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

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

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

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

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 396
2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $100,000, including any extension.

This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Adjustments. No retroactive price adjustments will be considered and no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing.

6. Term. The term of this Agreement shall commence on October 1, 2025, and shall expire twelve (12) months thereafter unless the term is extended or terminated earlier pursuant to the provisions of this Agreement (“Term”). City shall have one (1) option to extend the Term, for a period of twelve (12) months, commencing on the first day following the expiration of the Term. In order to exercise the option, City must give written notice to Consultant of such exercise no later than thirty (30) days before the expiration of the Term.

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

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

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

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

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

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 398
4 payment from or employment with any person or entity which will constitute a conflict of interest with the City.

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

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

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

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

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 399
5 acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

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

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

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
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8 (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A: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.

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9 l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 404
10 of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

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

20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 405
11 of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (30) calendar days’ written notice to Consultant.

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

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

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

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

25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 406
12 hereunder except as expressly provided herein.

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

27. Organization. Consultant shall assign Tim Bretz as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

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

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

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Cassandra Searcy
Deputy Director of Housing and
Homelessness
With Copy To:

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

Keyser Marston Associates, Inc.
777 South Figueroa Street #2555
Los Angeles, CA 90017
Attention: Tim Bretz, Senior Principal
With Copy to:

Keyser Marston Associates, Inc.
1299 4th Street, Suite 408
San Rafael, CA 94901
Attention: Business Manager

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

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

32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 407
13 supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

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

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

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

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

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

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

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

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

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 408
14 this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 409

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND KEYSER MARSTON ASSOCIATES, INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
ATTESTED BY:

Telicia Lopez
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney
15 CONSULTANT

KEYSER MARSTON ASSOCIATES,
INC.�
'!\ v- 't:>2.&tbName
Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 410
16 EXHIBIT A
Scope of Services
a. Pro forma analysis of multi-family affordable housing projects funded with but not limited to HOME, Low-Mod Funds, Neighborhood Stabilization Program, Public Local Housing Allocation (PLHA), Mortgage Revenue Bonds, Mental Health Services Act Funds Low-Income Housing Tax Credits and New Market Tax Credits.
b. Pro forma analysis of new development projects.
c. Access to market data on construction, developer fees, financing carrying costs, lease-up costs as a percentage of the overall project, resident services programs, and any other factors in which regional data is available to ensure that the Cityfunded developments are competitive. d. Recommendations on the level of City financial participation in affordable housing developments.
e. Assist the City in administering a New Market Tax Credit program, analyzing/advising on the structure of New Market Tax Credit transaction for affordable housing projects, infrastructure, public facilities, and targeted business investment.
f. Transactional financial advisory services for the implementation of developer proposals as requested.
g. Other housing finance and real estate consulting services, as requested. h. Assist with cost and risk analysis of various financing structures and strategies. i. Advice on financing structure and transaction timing. j. Advise staff in evaluating and comparing responses to RFPs for potential development of affordable housing projects.
k. Written selection of project recommendations.
l. Evaluation criteria, process, and form/documentation. m. Attending City public meetings if requested.
n. Assistance in structuring financing for affordable housing projects, including rentals and mixed-use development, which will best leverage the sources of City funding.

Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 411
17 o. Advise, assist, and train City staff in analyzing and processing reconveyances p. Prepare SB 341 Reports for Fiscal Years 2014/15 through 2024/25 and other related compliance documentation to comply with SB 341. q. Advise and assist with preparing reuse analysis and other documentation as necessary for compliance with California Health and Safety Code Section 33433 requirements
[Remainder of Page Intentionally left blank]
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18 Schedule of Charges and Payments

PUBLIC SECTOR HOURLY RATES
______________________________________________
2025/2026
CHAIRMAN, PRESIDENT, MANAGING PRINCIPALS* $305.00
SENIOR PRINCIPALS* $295.00
PRINCIPALS* $275.00
MANAGERS* $245.00
SENIOR ASSOCIATES $205.00
ASSOCIATES $185.00
SENIOR ANALYSTS $170.00
ANALYSTS $145.00
TECHNICAL STAFF $105.00
ADMINISTRATIVE STAFF $90.00
Directly related job expenses not included in the above rates are: auto mileage, parking, airfares, hotels and motels, meals, car rentals, taxis, telephone calls, delivery, electronic data processing, graphics, and printing. Directly related job expenses will be subject to a 10% markup.

Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date.
* Rates for individuals in these categories will be increased by 50% for time spent in court testimony.

Docusign Envelope ID: B9048EBD-1348-4686-9A49-A4E3E6E9B339 Packet Page. 413
AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
WITH KEYSER MARSTON ASSOCIATES, INC.

This Amendment No. 1 to the Professional Services Agreement is made and entered into as of October 7, 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Keyser Marston Associates, Inc., a California corporation (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS
A. WHEREAS, the City and Consultant entered into that certain Professional Services Agreement, dated October 1, 2025 (the “Master Agreement”), pursuant to which Consultant agreed to provide affordable housing transaction services to the City’s Community Development and Housing Department;
B. WHEREAS, the Master Agreement provided for an initial term of twelve (12) months, with one (1) option for the City to extend the term for an additional twelve (12) months upon written notice to Consultant no later than thirty (30) days before expiration of the initial term;
C. WHEREAS, the City provided Consultant with timely written notice of their desire to extend the Master Agreement for an additional six (6) months; D. WHEREAS, the Parties desire to amend the Master Agreement to extend its term through March 31, 2027, and to increase the maximum compensation payable under the Master Agreement by Fifty Thousand Dollars ($50,000.00), from One Hundred Thousand Dollars ($100,000.00) to One Hundred Fifty Thousand Dollars ($150,000.00); and
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Term. The term of the Master Agreement shall be extended through March 31, 2027, unless earlier terminated in accordance with the Master Agreement.

3. Compensation. The Master Agreement is amended to increase the compensation amount by Fifty Thousand Dollars ($50,000.00), thus bringing the total notto-exceed amount from One Hundred Thousand Dollars ($100,000.00) to One Hundred Fifty Thousand Dollars ($150,000.00). In no event shall the total amount paid to Consultant under the Master Agreement, as amended, exceed One Hundred Fifty Thousand Dollars ($150,000.00).

4. Full Force. Except as amended by this Amendment No. 1, all provisions of Packet Page. 414 the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

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

6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 415

SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH KEYSER MARSTON ASSOCIATES, INC.

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

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
KEYSER MARSTON ASSOCIATES, INC.

Signature
Kathleen Head
Name
President
Title
Email: [email protected]
Packet Page. 416

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Cassandra Searcy, Housing & Homelessness Division Manager; Andrea Russell, Director of Human Resources
Department: Community Development & Housing
Subject: Authorize Two (2) Full-Time Homeless Outreach Specialist Positions in the Community Development & Housing
Department- Grant Funded Through April 2031 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the addition of two (2) grant-funded full-time equivalent (FTE) Homeless Outreach Specialist positions to the Community Development & Housing Department, funded through Permanent Local Housing Allocation (PLHA) funds through April 30, 2031.

City Manager's Comments
The City Manager recommends approval. The positions would be funded through 2031.

Executive Summary
Establishing two new full-time Homeless Outreach Specialist positions within the Community Development & Housing Department will enhance the City’s ability to transition services currently performed by two part-time, CDBG-CV-funded employees to two full-time, PHLA-funded Homeless Outreach Specialist positions to assist individuals experiencing homelessness. Both positions will be fully grant-funded for the duration of the Permanent Housing Local Allocation (PHLA) grant through April 30, 2031.

Background
The City of San Bernardino was previously awarded Motel Voucher Program funds under the American Rescue Plan Act (ARPA), Community Development Block Grant – Coronavirus (CDBG-CV), and Permanent Housing Local Allocation Program grants to assist individuals experiencing homelessness in transitioning from encampments into emergency shelter, utilizing motel vouchers and, while at the motel, receiving Packet Page. 417
supportive services to create a pathway toward permanent housing or other housing options. The Housing and Homeless Services Division, following allowable activities, is currently providing case management activities to individuals temporarily housed at the city's contracted motels and providing support services and connecting unhoused individuals to larger systems of care and long-term shelter and housing options. The proposed amendments would transition services currently provided by two part-time, CDBG-CV-funded employees to two full-time, PHLA-funded Homeless Outreach Specialist positions.

The City has received approval to use Permanent Local Housing Allocation (PLHA) funds to support case management and outreach services for individuals experiencing homelessness, including those temporarily sheltered through the City's motel program.

The funding will allow the City to establish two full-time Homeless Outreach Specialist positions. Currently, two part-time employees provide these services using CDBG-CV funding, which is scheduled to end on October 22, 2026. The PLHA funding will provide continuity of these services and support the two full-time positions through April 30, 2031.

Discussion
The Human Resources Department seeks to add two (2) full-time positions to the Community Development and Housing and Homeless Services Department. These positions (2 Homeless Outreach Specialists) will be 100% grant-funded and are necessary to continue providing case management services under the City’s PHLA funds.

Personnel Costs: Currently, the two Homeless Outreach Specialist positions are funded through CDBG-CV on a part-time basis. Pursuant to PHLA, these positions are anticipated to continue beyond the sunset of CDBG-CV funding and transition to fulltime positions to maintain consistent citywide PHLA-approved services and continuity of operations.

The estimated annual personnel cost to support both full-time Homeless Outreach Specialist positions is approximately $180,000, inclusive of salaries and associated employee benefits. Based on this annual estimate, the projected cost to maintain both positions for five years, through April 30, 2031, is approximately $819,616.44, assuming salary and benefit costs remain consistent.

The continuation of these positions will provide dedicated staffing to conduct citywide street outreach, engage individuals experiencing unsheltered homelessness, coordinate referrals to shelter and supportive services, support encampment response activities, and connect individuals to available housing and service resources. Funding these positions beyond the expiration of CDBG-CV will also prevent a disruption in outreach capacity as the City transitions away from the temporary federal funding source.

Annual Personnel Cost – Two Full-Time Positions: Approximately $180,000 Packet Page. 418
Projected Five-Year Personnel Cost: Approximately $819,616.44 Projection Period: Through April 30, 2031
In addition to salaries and benefits, CDBG-CV covers materials and supplies, computers/equipment, cell phones, software, and other costs needed to support the positions.

The Homeless Services Division will continue to actively pursue federal, state, County, and other grant funding opportunities to offset City costs and minimize the impact on the General Fund. However, should sufficient external funding not be available to sustain these services, the Division will seek authorization from the Mayor and City Council for the appropriation and use of General Fund resources. This approach reflects the City’s continued commitment to addressing homelessness as a priority while ensuring that funding decisions remain transparent, fiscally responsible, and subject to appropriate City Council approval. The anticipated start date for the two positions is October 12, 2026. The positions will transition from CDBG-CV funding to PLHA funding effective October 12, 2026, with PLHA funds covering 100 percent of the positions' salary and benefits going forward.

Strategic Goals and Priorities
Adding two (2) full-time positions to the Housing and Homelessness Services Division aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by enabling the City to improve service delivery and function more efficiently, and with Key Target 2b: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality of talent.

Fiscal Impact
Adding 2 full-time positions to the Community Development & Housing Department has no fiscal impact, as the positions are 100% funded through the PHLA grant.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the addition of two (2) grant-funded full-time equivalent (FTE) Homeless Outreach Specialist positions to the Community Development & Housing Department, funded through Permanent Local Housing Allocation (PLHA) funds through April 30, 2031.

Attachments
Attachment 1: Approval email from PHLA
Attachment 2: Support for the Fiscal Estimates
Ward:

All Wards
Synopsis of Previous Council Actions:

Packet Page. 419
February 4, 2026, the Mayor and City Council adopted Resolution No. 2026-009 amending the City-Wide Salary Schedule for Full-Time, Part-Time, Temporary, and Seasonal Positions.

CC
Eric Levitt, City Manager
Packet Page. 420
From: Shomers, Misty@HCD
To: Kristina Gutierrez
Cc: Christian Rodriguez; Gabriela Leon; Esther Ogunrinu; Gonzalez, Erik@HCD Subject: RE: Request for PLHA Authorization – Housing Case Management Personnel Costs for Motel Voucher Program Date: Thursday, August 6, 2026 10:52:57 AM
Attachments: image003.png
image004.png
image005.png
image006.png
Caution - This email originated from outside the City - Verify that the Email display name and Email address are consistent. - Use caution when opening attachments.

Good morning, Kristina,
Thank you again for providing commitment documents for the for the Housing Case Management positions connected to the Motel Voucher Program. These documents have been reviewed and approved as submitted.

If anything changes to these documents, please provide us the updated documents for re-review.

Please let me know if you have any questions.

Thank you,
Misty Shomers
Representative II
Department of Housing & Community Development
Division of State Financial Assistance
State Grants Management
651 Bannon Street, 8th Floor
Sacramento, CA 95811
Phone: 916.490.7711
From: Kristina Gutierrez <[email protected]>
Sent: Tuesday, July 14, 2026 12:37 PM
To: Shomers, Misty@HCD <[email protected]>
Cc: Rodriguez_Ch <[email protected]>; Gabriela Leon <[email protected]>; Esther Ogunrinu <[email protected]>; Gonzalez, Erik@HCD <[email protected]> Subject: Request for PLHA Authorization – Housing Case Management Personnel Costs for Motel Voucher Program
Good Afternoon, The City is requesting authorization to utilize Permanent Local Housing Allocation (PLHA) funds to support two full-time Housing Case Management positions assigned exclusively to the City's PLHA-funded Motel Voucher Program.

Good Afternoon,
The City is requesting authorization to utilize Permanent Local Housing Allocation (PLHA) Packet Page. 421
funds to support two full-time Housing Case Management positions assigned exclusively to the City's PLHA-funded Motel Voucher Program. Although the employees' official classification title is Homeless Outreach Specialist, the City's Human Resources Department established this as a broad classification to encompass positions with similar and overlapping duties, rather than creating multiple position titles for comparable work.

While classified as Homeless Outreach Specialists, these employees are assigned exclusively to the Motel Voucher Program, and their PLHA-funded responsibilities consist solely of providing housing case management services to program participants. Their day-to-day duties include participant assessment, individualized housing stabilization planning, housing navigation, service coordination, ongoing case management, and activities that support housing stability and successful transition to permanent housing. As a result, the work performed by these positions aligns with eligible PLHA activities, regardless of the generic classification title.

The requested PLHA funding is consistent with PLHA Eligible Activity #6, which authorizes "affording persons and families experiencing or at risk of homelessness the opportunity to participate in a program that provides rapid rehousing, rental assistance, supportive and selfsufficiency services, or other housing assistance to maintain housing stability." The Housing Case Managers provide the supportive and housing stabilization services necessary to implement the City's approved Motel Voucher Program, including participant assessment, individualized service planning, housing navigation, coordination of supportive services, ongoing case management, and activities that promote housing retention and long-term stability. Because these positions serve only participants enrolled in the PLHA-funded Motel Voucher Program, their work is performed exclusively in support of an already approved PLHAfunded activity.

The City has prepared supporting documentation demonstrating the relationship between the assigned duties, PLHA Eligible Activity #6, and the requested personnel costs. Supporting documentation includes:

Scope of Work
Personnel Budget Detail – Summary of requested PLHA-funded personnel costs, including salary and fringe benefits
Job Description – Classification duties and position responsibilities Motel Voucher Program Guidelines – Program requirements and participant eligibility framework
Individual Service Plan Template – Documentation used to establish participant goals, service needs, and housing stabilization plans
Packet Page. 422
Position Duty Summary and Eligible Activity Crosswalk – Summary demonstrating how assigned duties align with eligible PLHA activities The City will charge only personnel costs attributable to eligible PLHA activities and will maintain appropriate supporting documentation, including payroll records, time allocation records, and program documentation, to demonstrate that PLHA-funded costs are directly associated with eligible activities performed on behalf of the Motel Voucher Program.

Thank you,
[sanbernardino.gov]
Kristina Gutierrez
Senior Management Analyst
Community Development & Housing Department
City of San Bernardino
290 North "D" Street, San Bernardino, CA 92401
Office: 909-998-2282
[email protected] | https://www.SanBernardino.gov/ [sanbernardino.gov]
Packet Page. 423
Position Assignment # Positions FTE Annual Salary Fringe Rate Fringe Benefits Total Annual Cost Housing Case Manager (PLHA Assignment) -
Salaries Permenat Full time 2 2 $150,000 $0 $150,000
Pers Retirement $18,000 $18,000
Health and Life Insurance $9,825 $9,825
Medicare $2,175 $2,175
Total Personnel 2 2 $150,000 20% $30,000 $180,000
*The City will maintain supporting documentation, including payroll records, time allocation documentation, and program records demonstrating that PLHA-funded personnel costs are directly related to eligible PLHA activities. 15000
Packet Page. 424

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: October 7, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager;
Luis Portillo, Director of Economic Development
Department: Economic Development
Subject: Irrevocable Agreement to Annex No. 2026-388 (Ward 5) Recommendation:

It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2026-163 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 4164 North 4th Avenue, San Bernardino, California, within the unincorporated community of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

City Manager's Comments
The City Manager recommends approval of the Resolution.

Executive Summary
In September 2025, the San Bernardino Municipal Water Department received a request for sewer service from the owners of a parcel located at 4164 North 4th Avenue (APN: 0265-141-27, -28) for a connection to the sewer collection system. The property owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection. The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Water Department has indicated that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 10-inch vitrified clay pipe sanitary sewer main within North 4th Avenue, fronting the subject parcel and the department can serve this parcel.

Background
In September 2025, the San Bernardino Municipal Water Department received a request for sewer service from the owners of a parcel located at 4164 North 4th Avenue (APN: 0265-141-27, -28) for a connection to the sewer collection system. The property Packet Page. 425
owner is abandoning the existing septic tank and is desirous of a connection to the sewer collection.

In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. This property is contiguous to City boundaries; however, annexation of this property would result in other islands.

In September of 1997 the City of San Bernardino adopted Resolution No. 97-275, a policy relative to the providing of sewer services outside of City boundaries. The policy includes a payment of $1,300 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement.

The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future.

Discussion
The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and the Water Department has indicated that the existing residential use is consistent with the City's General Plan. The Water Department has determined that there is an available 10-inch vitrified clay pipe sanitary sewer main within North 4th Avenue, fronting the subject parcel and the department can serve this parcel.

LAFCO requires the Agency providing the service to complete the application. The resolution will allow the city to submit an application to LAFCO if approved by Mayor and City Council. Upon approval by LAFCO, the Irrevocable Agreement to Annex will be executed between the City and the applicant.

Strategic Goals and Priorities
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area.

Fiscal Impact
There is no fiscal impact associated with this action. The $1,300 sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees.

Packet Page. 426
Conclusion
It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2026-163of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 4164 North 4th Avenue, San Bernardino, California, within the unincorporated community of San Bernardino County; and authorizing the City Manager to execute an Irrevocable Agreement to Annex.

Attachments
Attachment 1 - Resolution No. 2026 -163
Attachment 2 - Exhibit A - Irrevocable Agreement to Annex Attachment 3 - Exhibit B - Vicinity Map
Attachment 4 – Exhibit C - Application
Ward:

Fifth Ward
Synopsis of Previous Council Actions:

September 2, 1997 The City of San Bernardino adopted Resolution No. 97-275 relative to the providing of sewer services outside of City boundaries.

CC

Packet Page. 427
Resolution No. 2026-163
Resolution No. 2026-163
October 7, 2026