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HomeMy WebLinkAbout06-02-21 Agenda packetIMPORTANT COVID-19 NOTICE In an effort to protect public health and prevent the spread of COVID-19 and to enable appropriate social distancing , the Mayor and City Council meeting is not open f or public attendance at this time. All meeting s will be held via tele-conf erence. To view the live meeting: Select the link to view the live-stream on the City’s website: https://sbcity.tiny.us/MCC060221 Or Spectrum & Frontier customers may view the broadcast on Channel 3. You may also view the archived video on the City’s website the day after the meeting. To provide public comments: Submit a written comment online via http://sbcity.tiny.us/comments ; Or Email your written comment to publiccomments@sbcity.org before 4:00 p.m. the day of the scheduled meeting; or Call (909)384-5208 and leave a recorded comment not to exceed three (3) minutes before 4:00 p.m. the day of the scheduled meeting. The subject line of your email should include the meeting date, w hether your comment is for the Special Meeting, Closed Session, or Open Session, and w hether it is for public comment or for a specific agenda item. Example: 06/02/21 – Open Session - Agenda Item No. 5 To provide public comments for a Public Hearing: Send an email to publiccomments@sbcity.org before 4:00 p.m. the day of the scheduled meeting. Include your name, telephone number, and the agenda item number. At the time of the requested agenda item, the City Clerk will call the commenter. Each person will be allowed to speak f or up to three-minutes. W ritten comments will be provided to the Mayor and City Council prior to the meeting and will be posted online f or public review, but will not be read aloud. Voicemail comments will be played aloud during the appropriate public comment portion of the meeting. Please note that written & recorded comments received after the deadline will not be included in the record until the next regular meeting. Recorded comments received past the deadline will not be played during the meeting. To view Po werPoint presentations, written comments, or any revised documents f or this meeting date select the link: https://sbcity.tiny.us/agendabackup060221 Or visit the City Clerk’s page: From the City’s homepage www.sbcity.org select the Government category-> City Clerkon the Navigation menu select Search for Records Online-> Council Agendas->Current Year 2021->Meeting Date CITY OF SAN BERNARDINO AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY WEDNESDAY, JUNE 2, 2021 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION VIA ZOOM • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Damon L. Alexander COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Robert D. Field MAYOR PRO TEM, W ARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, W ARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha COUNCIL MEMBER, W ARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, W ARD 5 Kimberly Calvin COUNCIL MEMBER, W ARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Written comment on any item may also be submitted to the City Clerk to be included in the meeting record. It will not be read aloud by the City Clerk. o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item. o Please contact the City Clerk’s Office (909) 384-5002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o All documents for public review are on file with the City Clerk’s Office or may be accessed online by going to www.sbcity.org. Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 5/28/2021 CALL TO ORDER Attendee Name Present Absent Late Arrived Council Member, Ward 1 Theodore Sanchez    Mayor Pro-Tem, Ward 2 Sandra Ibarra    Council Member, Ward 3 Juan Figueroa    Council Member, Ward 4 Fred Shorett    Council Member, Ward 5 Ben Reynoso    Council Member, Ward 6 Kimberly Calvin    Council Member, Ward 7 Damon L Alexander    Mayor John Valdivia    City Manager Robert D. Field    City Attorney Sonia Carvalho    City Clerk Genoveva Rocha    5:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i) Kathleen Coats v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1928295 (B) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6): Agency designated representatives: Edelia Eveland, Director of Human Resources, or designee Employee organization: Request for recognition by dispatchers (C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8): Property Address: Carousel Mall Property, 43 acres Agency Negotiator: Robert D. Field, City Manager, or designee Negotiating Parties: Renaissance Downtown USA/ICO Real Estate Group Under Negotiation: Price and Terms (D) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (Pursuant to Government Code Section 54957): Discussion of evaluation procedures and preparation for annual evaluation of Mayor and City Council appointees. Title: City Manager Title: City Attorney Title: City Clerk Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 5/28/2021 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT CITY MANAGER UPDATE MAYOR AND CITY COUNCIL UPDATES PRESENTATIONS 1. Proclamation - Fatherhood Awareness Month PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA APPOINTMENTS 2. General Plan Advisory Committee Appointment (Mayor) It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Gil J. Botello to the General Plan Advisory Committee representing the Mayor with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. 3. General Plan Advisory Committee Appointment (Mayor) It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. David E. Mlynarski to the General Plan Advisory Committee representing the Mayor with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. 4. General Plan Advisory Committee Appointment (Mayor) It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Bessine Richard to the General Plan Advisory Committee representing the Mayor with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. 5. General Plan Advisory Committee Appointment (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. James L. Mulvihill to the General Plan Advisory Committee representing Ward 4 with the term ending December 202 2. Council Staff has verified that appointee is a registered voter within the City. 6. Downtown Advisory Committee Appointment (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Kenesha L. Boyd to the Downtown Advisory Committee representing Ward 4 with the term ending December 2022. Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 5/28/2021 Council Staff has verified that appointee is a registered voter within the City. DISCUSSION 7. Fiscal Year 2021/22 Budget Adoption (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review the additional items requested to be considered for inclusion in the Fiscal Year 2021/22 Operating and Capital Budget and provid e direction to staff. PUBLIC HEARINGS 8. Ordinance No. MC-1560 an Ordinance of the Mayor and City Council of the City of San Bernardino, California to Amend the San Bernardino Municipal Code to Add to Title 12 Chapter 12.05, “Right-Of-Way Permits – Wireless Facilities” (All Wards) Recommendation Read by title only, waive further reading, and introduce Ordinance No. MC -1560, an Ordinance of the Mayor and City Council of the City of San Bernardino, California to amend the San Bernardino Municipal Code to Add to Title 12 Chapter 12.05, “Right- of-Way Permits - Wireless Facilities” and finding the same exempt from California Environmental Quality Act. 9. Draft Fiscal Year 2021-2022 Annual Action Plan Associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs; Substantial Amendment Action Plan FY 2020-2021 – Coronavirus Relief Funds Community Development Block Grant-CV3 Recommendation It is recommended that the Mayor and the City Council for the City o f San Bernardino, California: 1. Conduct a public hearing on the review of the draft Fiscal Year 2021/22 Annual Action Plan (AAP) associated with the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Programs; and 2. Adopt the draft Fiscal Year 2021/22 AAP as an application for funding under CDBG, HOME, and ESG Programs; and 3. Authorize the City Manager or designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the Draft HUD Fiscal Year 2021/22 AAP and certification to HUD; and 4. Direct the Finance Director to amend the budget for ESG unspent dollars; and 5. Adopt a Substantial Amendment to the FY 2020/21 Action Plan; and Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 5/28/2021 6. Direct the Finance Director to amend the Fiscal Year 2020/21 Budget pursuant to the Substantial Amendment to the Fiscal Year 2020/21 Action Plan; and 7. Direct the Finance Director to establish new funds and associated accounts for the Community Development Block Grant (CDBG-CV3) pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; and 8. Authorize the City Manager or designee to take any further actions and execute any further documents and certifications as may be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2020/21 Action Plan. 10. Warehouse Moratorium (All Wards) Recommendation Per City Council direction provided on May 19th, 2021, review and consider the following action: Read by title only, waive further reading, and adopt Urgency Ordinance No. MC- 1561 of the Mayor and City Council of the City of San Bernardino, California, establishing a temporary 45-day moratorium on the establishment, expansion or modification of warehouse, distribution, logistics, truck terminal and truck storage facilities and related uses within the City of San Bernardino. CONSENT CALENDAR 11. Risk Management Insurance Renewal Fiscal Year 2021-22 (All Wards) Recommendation Adopt Resolution No. 2021-125 of the Mayor and City Council of the City of San Bernardino, California, approving the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance, and cyber insurance policies. 12. Maintenance Services Agreement to Re-Surface/Re-Purpose Outdoor Sports Courts in Parks (Wards 1, 3, 5, 6) Recommendation Adopt Resolution No. 2021-126 of the Mayor and City Council of the City of San Bernardino, California approving the Maintenance Services Agreement betwe en the City of San Bernardino and Trueline Construction and Surfacing, Inc., and a change to Purchase Order #2021-0527 in the amount of $125,160 for the re-surfacing/re- purposing of outdoor sports courts in parks city-wide. 13. Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4 & 5) Recommendation Adopt Resolution No. 2021-127 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Agreement with AToM Engineering Construction, Inc., in the amount of $654,321 for the construction of Kendall Drive Slope Rehabilitation ("Project"); and Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 5/28/2021 2. Authorizing the project construction, construction contingencies, and engineering and inspection costs in the total amount of $787,437 for con struction of the Project; and 3. Authorizing the Director of Finance to allocate an additional $330,337 from Public Improvement Fund (246) to the Project (Account number 246 -160-8767*5504) to fund the project construction, construction contingencies , and engineering & inspections; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 14. First Amendment to Consultant Services Agreement with IDC Consulting Engineers, Inc. (All Wards) Recommendation Adopt Resolution No. 2021-128 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the First Amendment to Consultant Services Agreement with, IDC Consulting Engineers, Inc., (“First Amendment”) in an additional amount not-to- exceed $150,000 to provide as-needed, on-call Public Works inspection services for various Capital Improvement Program (CIP) projects; and 2. Authorizing the Director of Finance to record a change order to the IDC Consulting Engineers, Inc., purchase order, increasing the not-to-exceed amount to $250,000; and 3. Authorizing the City Manager, or designee, to execute the First Amendment 15. Professional Services Agreement for Administrative Hearing Officer Services (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-129 authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Palacios Law Office for Administrative Hearing Officer Services. 16. Revised Five-Year Capital Improvement Program (FY 2020/21 to FY 2024/25) for Measure I Local Expenditures (All Wards) Recommendation Adopt Resolution No. 2021-130 of the Mayor and City Council of the City of S an Bernardino, California, approving the Revised Measure I Five -Year Capital Improvement Plan for FY 2020/21 through FY 2024/25 and Measure I Expenditure Strategy. Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 5/28/2021 17. Professional Services Agreement for On-Call Plan Review, Inspection & Stormwater Management Services (All Wards) Recommendation Adopt Resolution No. 2021-131 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a two -year Professional Services Agreement with Valued Engineering, Inc., to include three (3) one-year extension options for Plan Review, Inspection & Stormwater Management Services. 18. Accept the Project Safe Neighborhoods Grant (All Wards) Recommendation Adopt Resolution No. 2021-132 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the FY 2020 Project Safe Neighborhoods Grant and authorize the Director of Finance to amend the FY 2020/21 Adopted Budget appropriating $174,496 in both revenue and expenditures. 19. Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards) Recommendation Adopt Resolution No. 2021-133 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an Amendment to the Services Agreement between the City of San Bernardino and Tyler Technologies, Inc., and increase the FY 2020/21 Purchase Order by $125,000. 20. Accept Fiscal Year 2020 EMPG Grant Recommendation Adopt Resolution No. 2021-134 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the Fiscal Year 2020 Emergency Management Performance Grant and increasing the Fiscal Year 2020/21 Adopted Budget revenue and expenditures by $30,768. 21. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for May 2021. 22. 2021 Fireworks Regulatory Fee Rate (All Wards) Recommendation Adopt Resolution No. 2021-135 of the Mayor and City Council of the City of San Bernardino, California, setting the 2021 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino. Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 5/28/2021 23. Establishment of Local Campaign Finance Regulations (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Accept the final reading and adopt Ordinance No. MC-1558, adding Chapter 2.55 to the City of San Bernardino Municipal Code, relating to local campaign finance regulations; and 2. Adopt Resolution No. 2021-136 authorizing the City Manager to execute an agreement with the State of California Fair Political Practices Commission for campaign law enforcement; and 3. Amend the proposed FY 2021/22 operating budget to include funding to support enforcement of Ordinance MC-1558. 24. Update Regarding Negotiations with Renaissance Downtown USA/ICO Real Estate Group (RDICO) for the Carousel Mall Property (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update regarding the negotiations with Renaissance Downtown USA/ICO Real Estate Group (RDICO) for the Carousel Mall property. . ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 25. Phasing Plan to Transition City Owned and Operated Vehicles to 100% Electric Vehicles - Council Member Ben Reynoso ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENCES/MEETINGS ATTENDED ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, June 16, 2021 via tele-conference. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 5/28/2021 CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the June 2, 2021 Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City’s bulletin board located at 201 North “E” Street, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the City’s website sbcity.org on Friday, May 28, 2021. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda June 2, 2021 Mayor and City Council of the City of San Bernardino Page 11 Printed 5/28/2021 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Page 1 Closed Session City of San Bernardino Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Sonia Carvalho, City Attorney Subject: Closed Session (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i) Kathleen Coats v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1928295 (B) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6): Agency designated representatives: Edelia Eveland, Director of Human Resources, or designee Employee organization: Request for recognition by dispatchers (C) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8): Property Address: Carousel Mall Property, 43 acres Agency Negotiator: Robert D. Field, City Manager, or designee Negotiating Parties: Renaissance Downtown USA/ICO Real Estate Group Under Negotiation: Price and Terms (D) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (Pursuant to Government Code Section 54957): Discussion of evaluation procedures and preparation for annual evaluation of Mayor and City Council appointees. Title: City Manager Title: City Attorney Title: City Clerk Packet Pg. 12 Page 1 Presentation City of San Bernardino Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: John Valdivia, Mayor Subject: Proclamation - Fatherhood Awareness Month 1 Packet Pg. 13 March 16, 2021 To: City of San Bernardino Honorable Mayor John Valdivia and Distinguished City Council Members PROCLAMATION: Fatherhood Awareness Month Dates: The month of June 2021 WHEREAS, San Bernardino Fatherhood’s mission is to eliminate fatherlessness in San Bernardino by promoting a culture of father inclusion and responsible fatherhood in our communities. This mission will be accomplished in collaboration with local schools, community partners, faith-based organizations and public and private agencies; and WHEREAS, research shows that when fathers are actively engaged and involved, children learn more, perform better in school, and exhibit healthier social behaviors; and WHEREAS, when fathers are actively engaged and involved, children are less vulnerable to the risks of childhood poverty, mental illness, juvenile delinquency, youth sexual activity, teenage pregnancy, substance abuse and failure to complete high school; and WHEREAS, father involvement in the lives of their children increases the likelihood of children succeeding in their adult careers, employment goals, and involved parenting skills for their future families; and WHEREAS, San Bernardino Fatherhood is committed to providing education, resources and advocacy that will build a culture of responsible fatherhood for the well-being of children, families and community through the acts of involved, responsible and committed fathers; and WHEREAS, when fathers have good parenting and relationship skills, and are engaged in a sustainable workforce with livable wages, fathers are vital to ensuring the overall well-being children, healthier families and safer communities; and WHEREAS, the City of San Bernardino, California commends San Bernardino Fatherhood for its work and contributions in promoting a culture of father inclusion and responsible fatherhood and wishes its continued success: NOW, THEREFORE, I _______________, _____________, do hereby proclaim the Month of June 2021 as FATHERHOOD AWARENESS MONTH to raise awareness to the residences and businesses of the City of San Bernardino the importance of fatherhood and a father’s engagement with his children and family. 1.a Packet Pg. 14 Attachment: Attachment 1 - Fatherhood Awareness Proclamation June 2021 (7356 : Proclamation - Fatherhood Awareness Month) Page 1 Appointment City of San Bernardino Date: June 2, 2021 To: Honorable Mayor and City Council Members From: John Valdivia, Mayor Subject: General Plan Advisory Committee Appointment (Mayor) It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Gil J. Botello to the General Plan Advisory Committee representing the Mayor with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. Background The General Plan Advisory Committee was established by Resolution No. 2021 -02 on January 20, 2021. Discussion The General Plan Advisory Committee (GPAC) is an advisory committee established by the Mayor and City Council to assist with the update the City's comprehensive General Plan. The General Plan Advisory Committee serves as an important component of the public participation program providing one of the primary communication channels for the community making recommendations to the Planning Commission and the Mayor and City Council. Meetings of the GPAC will be open and public in accordance with the Brown Act. The General Plan Advisory Committee is comprised of seventeen (17) members who serve at pleasure of the Mayor an d City Council. Pursuant to Resolution No. 2021-02, the Mayor shall appoint three (3) members and each City Council member shall nominate two (2) members. In accordance with the City Charter and the City's Municipal Code, appointees must be residents of the City of San Bernardino. Appointees should be able to clearly articulate the community perspective and/or the area of the City in which they live. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. 2 Packet Pg. 15 7351 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Gil J. Botello to the General Plan Advisory Committee representing the Mayor with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 Commission Application - Mr. Gil J. Botello Synopsis of Previous Council Action: January 20, 2021 - Resolution No. 2021-02 establishing the General Plan Advisory Committee was adopted. 2 Packet Pg. 16 2.a Packet Pg. 17 Attachment: Attachment 1 - Gill Botello application_redacted (7351 : General Plan Advisory Committee Appointment (Mayor)) 2.a Packet Pg. 18 Attachment: Attachment 1 - Gill Botello application_redacted (7351 : General Plan Advisory Committee Appointment (Mayor)) 2.a Packet Pg. 19 Attachment: Attachment 1 - Gill Botello application_redacted (7351 : General Plan Advisory Committee Appointment (Mayor)) Page 1 Appointment City of San Bernardino Date: June 2, 2021 To: Honorable Mayor and City Council Members From: John Valdivia, Mayor Subject: General Plan Advisory Committee Appointment (Mayor) It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. David E. Mlynarski to the General Plan Advisory Committee representing the Mayor with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. Background The General Plan Advisory Committee was established by Resolution No. 2021 -02 on January 20, 2021. Discussion The General Plan Advisory Committee (GPAC) is an advisory committee established by the Mayor and City Council to assist with the update the City's comprehensive General Plan. The General Plan Advisory Committee serves as an important component of the public participation program providing one of the primary communication channels for the community making recommendations to the Planning Commission and the Mayor and City Council. Meetings of the GPAC will be open and public in accordance with the Brown Act. The General Plan Advisory Committee is comprised of seventeen (17) members who serve at pleasure of the Mayor and City Council. Pursuant to Resolution No. 2021-02, the Mayor shall appoint three (3) members and each City Council member shall nominate two (2) members. In accordance with the City Charter and the City's Municipal Code, appointees must be residents of the City of San Bernardino. Appointees should be able to clearly articulate the community perspective and/or the area of the City in which they live. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. 3 Packet Pg. 20 7352 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. David E. Mlynarski to the General Plan Advisory Committee representing the Mayor with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 Commission Application - Mr. David E. Mlynarski Synopsis of Previous Council Action: January 20, 2021 - Resolution No. 2021-02 establishing the General Plan Advisory Committee was adopted. 3 Packet Pg. 21 3.a Packet Pg. 22 Attachment: Attachment 1 - David E. Mlynarski_redacted (7352 : General Plan Advisory Committee Appointment (Mayor)) 3.a Packet Pg. 23 Attachment: Attachment 1 - David E. Mlynarski_redacted (7352 : General Plan Advisory Committee Appointment (Mayor)) 3.a Packet Pg. 24 Attachment: Attachment 1 - David E. Mlynarski_redacted (7352 : General Plan Advisory Committee Appointment (Mayor)) 3.a Packet Pg. 25 Attachment: Attachment 1 - David E. Mlynarski_redacted (7352 : General Plan Advisory Committee Appointment (Mayor)) 3.a Packet Pg. 26 Attachment: Attachment 1 - David E. Mlynarski_redacted (7352 : General Plan Advisory Committee Appointment (Mayor)) Page 1 Appointment City of San Bernardino Date: June 2, 2021 To: Honorable Mayor and City Council Members From: John Valdivia, Mayor Subject: General Plan Advisory Committee Appointment (Mayor) It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Bessine Richard to the General Plan Advisory Committee representing the Mayor with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. Background The General Plan Advisory Committee was established by Resolution No. 2021 -02 on January 20, 2021. Discussion The General Plan Advisory Committee (GPAC) is an advisory committee established by the Mayor and City Council to assist with the update the City's comprehensive General Plan. The General Plan Advisory Committee serves as an important component of the public participation program providing one of the primary communication channels for the community making recommendations to the Planning Commission and the Mayor and City Council. Meetings of the GPAC will be open and public in accordance with the Brown Act. The General Plan Advisory Committee is comprised of seventeen (17) members who serve at pleasure of the Mayor and City Council. Pursuant to Resolution No. 2021-02, the Mayor shall appoint three (3) members and each City Council member shall nominate two (2) members. In accordance with the City Charter and the City's Municipal Code, appointees must be residents of the City of San Bernardino. Appointees should be able to clearly articulate the community perspective and/or the area of the City in which they live. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. 4 Packet Pg. 27 7353 Page 2 Conclusion It is recommended that the Mayor and City Council of the Cit y of San Bernardino, California, approve the appointment of Ms. Bessine Richard to the General Plan Advisory Committee representing the Mayor with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 Commission Application - Ms. Bessine Richard Synopsis of Previous Council Action: January 20, 2021 - Resolution No. 2021-02 establishing the General Plan Advisory Committee was adopted. 4 Packet Pg. 28 4.a Packet Pg. 29 Attachment: Attachment 1 - Bessine Richard_redacted (7353 : General Plan Advisory Committee Appointment (Mayor)) 4.a Packet Pg. 30 Attachment: Attachment 1 - Bessine Richard_redacted (7353 : General Plan Advisory Committee Appointment (Mayor)) 4.a Packet Pg. 31 Attachment: Attachment 1 - Bessine Richard_redacted (7353 : General Plan Advisory Committee Appointment (Mayor)) Page 1 Appointment City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Fred Shorett, Council Member, Ward 4 Subject: General Plan Advisory Committee Appointment (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. James L. Mulvihill to the General Plan Advisory Committee representing Ward 4 with the term ending December 2022. Coun cil Staff has verified that appointee is a registered voter within the City. Background The General Plan Advisory Committee was established by Resolution No. 2021 -02 on January 20, 2021. Discussion The General Plan Advisory Committee (GPAC) is an advisory committee established by the Mayor and City Council to assist with the update of the City's comprehensive General Plan. The General Plan Advisory Committee serves as an important component of the public participation program providing one of the primar y communication channels for the community making recommendations to the Planning Commission and the Mayor and City Council. Meetings of the GPAC will be open and public in accordance with the Brown Act. The General Plan Advisory Committee is comprised of seventeen (17) members who serve at pleasure of the Mayor and City Council. Pursuant to Resolution No. 2021 -02, the Mayor shall appoint three (3) members and each City Council member shall nominate two (2) members. In accordance with the City Charter an d the City's Municipal Code, appointees must be residents of the City of San Bernardino. Appointees should be able to clearly articulate the community perspective and/or the area of the City in which they live. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. 5 Packet Pg. 32 7345 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. James L. Mulvihill to the General Plan Advisory Committee representing Ward 4 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 Commission Application - Mr. James L. Mulvihill Ward: 4 Synopsis of Previous Council Action: January 20, 2021 Resolution No. 2021-02 establishing the General Plan Advisory Committee was adopted. 5 Packet Pg. 33 5.a Packet Pg. 34 Attachment: Attachment 1 - MCC.Commission Application - James L. Mulvihill (7345 : General Plan Advisory Committee Appointment (Ward 4)) 5.a Packet Pg. 35 Attachment: Attachment 1 - MCC.Commission Application - James L. Mulvihill (7345 : General Plan Advisory Committee Appointment (Ward 4)) 5.a Packet Pg. 36 Attachment: Attachment 1 - MCC.Commission Application - James L. Mulvihill (7345 : General Plan Advisory Committee Appointment (Ward 4)) Page 1 Appointment City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Fred Shorett, Council Member, Ward 4 Subject: Downtown Advisory Committee Appointment (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Kenesha L. Boyd to the Downtown Advisory Committee representing Ward 4 with the term ending December 2022. Council Staff h as verified that appointee is a registered voter within the City. Background The Downtown Advisory Committee was established by Resolution No. 2021 -88 on February 17, 2021. Discussion The Downtown Advisory Committee (DAC) is an advisory committee estab lished by the Mayor and City Council to advise City staff, participating in public outreach and community forums, and making recommendations to the Planning Commission and the Mayor and City Council on various components of the overall project. Meetings o f the DAC will be open and public in accordance with the Brown Act. The DAC is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Resolution No. 2021-88, the Mayor shall appoint two (2) members and each City Council member shall nominate one (1) member. In accordance with the City Charter and the City's Municipal Code, appointees must be either a resident of the City of San Bernardino, or a non -resident business or property owner. Appointees should be able to clearly articulate the community perspective and/or the area of the City in which they live or conduct business. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. 6 Packet Pg. 37 7358 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Kenesha L. Boyd to the Downtown Advisory Committee representing Ward 4 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 Commission Application - Ms. Kenesha L. Boyd Ward: 4 Synopsis of Previous Council Action: February 17, 2021 Resolution No. 2021-88 establishing the Downtown Advisory Committee was adopted. 6 Packet Pg. 38 6.a Packet Pg. 39 Attachment: Attachment 1 - MCC.Commission Application - Kenesha L. Boyd (7358 : Downtown Advisory Committee Appointment (Ward 4)) 6.a Packet Pg. 40 Attachment: Attachment 1 - MCC.Commission Application - Kenesha L. Boyd (7358 : Downtown Advisory Committee Appointment (Ward 4)) 6.a Packet Pg. 41 Attachment: Attachment 1 - MCC.Commission Application - Kenesha L. Boyd (7358 : Downtown Advisory Committee Appointment (Ward 4)) Page 1 Discussion City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Fiscal Year 2021/22 Budget Presentation (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, review the additional items requested to be considered for inclusion in the Fiscal Year 2021/22 Operating and Capital Budget and provide direction to staff. Background This year’s budget kicked off in February, where direction was provided to departments relative to the development of their respective budgets. Meetings with Departments, the Finance Department, and the City Manager’s Office to review departmental submittals have been on-going since that time. The purpose of this study session is to discuss the proposed budget and provide direction to staff. The Proposed FY 2021/22 Budget document was presented to the Mayor and City Council on May 13, 2021 and to the Measure S Committee on May 17. At the May 13 meeting, the Mayor and Council Members enumerated additional items for both the operating and capital budgets that staff has now developed the costs for FY 2021/22 as well as the long-range impact on the financial health of the City. Discussion Staff recently received a report from the City’s sales tax consultants that reemphasized the importance of fiscal prudence in this unique economic time. While overall re venue performance is good, one sales tax allocation from the State was considerably lower than the amount anticipated and forecast by the City’s consultant based upon preliminary information provided by the State. Sales tax is always unpredictable; as a heavily sales tax dependent city, San Bernardino must continue to be concerned about the level of volatility of the revenue streams on which the City relies. Ensuring that there is always adequate revenue to fund operations and allowing for the natural volat ility of sales tax receipts is challenging in normal economic times but is especially challenging now with a local economy recovering from a pandemic, experiencing a bubble in auto sales due to the federal government stimulus checks and a boom in the build ing industry. Online sales have also been elevated due to the stay -at-home order, adding another layer of complexity to the already complicated sales tax picture. Given the 7 Packet Pg. 42 7080 Page 2 uncertainty of the long-range sales tax figures, staff recommends a measured approach to hiring and the addition of other ongoing costs, instead recommending using available surplus funds for investment in capital improvements such as streets, buildings, parks, fleet, and other infrastructure needs that are one-time and do not commit future funds that may be uncertain. Prudent, measured decision-making will ensure long-term financial sustainability for the foreseeable future. Below is an updated summary on the City’s projected revenues for FY 2021/22: General Fund Revenues May 13th Proposed Budget June 2nd Updated Budget Charges for services 6,140,420 6,140,420 Fines and forfeitures 1,478,500 1,478,500 Franchise Tax 11,781,000 11,781,000 Intergovernmental 2,243,602 2,243,602 Investment income 500,978 500,978 Licenses & permits 11,858,000 11,858,000 Miscellaneous 2,762,556 2,766,037 Other Taxes 8,493,262 8,493,262 Property Taxes 19,267,608 19,267,608 Sales and Use Tax 57,391,210 45,391,210 Use of Money and Property 779,600 779,600 Utility Users Tax 22,700,000 22,700,000 Measure S Sales Tax 41,016,456 41,016,456 Total Estimated General Fund Revenue 186,413,192 174,416,673 The Proposed Operating Budget presented to the Mayor and Council on May 13 th reflected a projected surplus of $33.7 million. With updates to projected revenues and if no changes are made to the original proposed budget, the operating surplus would be $21.7 million. The addition of all of the items identified by the Mayor and members of the City Council for consideration on May 13th including the additional Capital Improvement Plan (CIP) projects would require the use of $16.2 million from the City’s Economic Contingency Reserve. Due to the volatility in sales tax projections and the potential use of other one -time funding sources available, it will be important for the Mayor and City Council to carefully consider the additional expenditures presented for discussion. Given the number of changes that have occurred with respect to the City’s revenue in last year, staff recommends taking a phased approach to consideration of changes in the FY 2020/21 operating budget. Staff will return after the end of the first quarter with an update on the City’s revenues, as well as with cost projections for items requested for 7 Packet Pg. 43 7080 Page 3 consideration by members of the City Council that could not be prepared in time for the June 2nd budget presentation. The Mayor and City Council can consider additional expenditures that enhance City services following the receipt of the first quarter update. Staff will also be returning with a 5-Year Capital Improvement Plan (CIP) as well as a detailed plan on the use of the American Rescue Plan funds. Operating Budget Additions Each request from the Mayor and City Council is broken down into packages so that the Mayor and City Council can make decisions on all or part of each request. Community and Economic Development, Finance (Business Registration) and Public Works (Engineering) Members of the City Council requested consideration be given to adding up to nine more Code Enforcement Officers for improved enforcement across the City, including illegal dumping, nuisance abatement, weeds and overgrown vegetation, derelict vehicles, and illegal street vending. Code Enforcement handles all the above except for illegal street vending, which is handled jointly by Code Enforcement and Business Registration, a Division of the Finance Department. In addition to the expansion of the Code Enforcement Division a request was made by a member of the City Council to expand capacity in the Economic Development and Public Works Engineering Divisions to better support the Carousel Mall property development. An overview of the staffing in these divisions is summarized below. Code Enforcement: 3 Code Enforcement Officer Is + 1 in Proposed Budget 4 Code Enforcement Officer IIs + 2 in Proposed Budget 1 Code Enforcement Officer IIIs 1 Code Enforcement Division Manager 12 Code Enforcement Officers for FY 2021/22 3 Customer Service Representatives 1 Senior Office Assistant 4 Support Staff The Proposed Budget includes the addition of three Code Enforcement Officers to bring the total number of Code Enforcement Officers up to twelve to address issues of code violations citywide. The number of Code Enforcement Officers has been increased significantly in the last few months from six budgeted positions at the beginning of FY 2020/21 to nine approved at Mid -Year, and twelve are proposed in the FY 2021/22 Budget, double the number authorized at this time last year. 7 Packet Pg. 44 7080 Page 4 Business Registration: 4 Business Registration Inspector + 2 in Proposed Budget 6 Business Registration Inspectors for FY 2021/22 1 Business Registration Manager 1 Accounting Technician 1 Business Registration Representation + 1 in Proposed Budget 4 Support and Supervisory Staff The Proposed Budget included the addition of two Business Registration Inspectors intended to cover night and weekend shifts specifically for street vending enforcement. Council Members requested the addition of up to nine positions to address code violations and street vending. Staff costed these out as seven additional Code Enforcement Officers and the necessary support staff for the added officers, and two additional Business Registration Inspectors. The costs include all vehicles and equipment, and well as the estimated cost to build out space in the 201 Building for the additional staff beyond those that could be housed in the existing space. Some of these costs are ongoing and some are one-time, as identified below. The cost of vehicles, while a one-time cost, is amortized over the life of the vehicle (7-years). Presented below are five staffing packages that provide for increased code enforcement as well as economic development and engineering support for consideration. CODE Package 1: 3 additional Code Enforcement Officers, and one Administrative Assistant (for a total of 15 Code Enforcement Officers and 5 support personnel). Salaries, benefits and PERS: $316,000 Vehicles: $105,000 Equipment/Technology and Training: $26,920 TOTAL FY 2021/22: $447,920 Ongoing costs (5-year): 2022/23 2023/24 2024/25 2025/26 2026/27 7 Packet Pg. 45 7080 Page 5 $362,200 $393,290 $427,380 $472,870 $504,560 Package 1 adds capacity to code enforcement without over-burdening management with the addition of the administrative assistant and will not require build-out of space on the 201 building or leasing of new space. This will also allow the department time to put in place existing approved positions and programs including nuisance abatement approved with the Mid-Year Budget Amendment. CODE Package 2: 3 additional Code Enforcement Officers (for a total of 18 Code Enforcement Officers and 4 support personnel). Salaries, benefits and PERS: $252,000 Vehicles: $105,000 Equipment/Technology and Training: $25,320 Additional Space: Unknown TOTAL FY 2021/22: $382,320 Ongoing costs (5-year): 2022/23 2023/24 2024/25 2025/26 2026/27 $293,200 $318,290 $345,380 $381,070 $406,560 Package 2 adds capacity to code enforcement; however, adding these positions in addition to Package 1 will result in either building additional space for employees in the 201 building or leasing space elsewhere. CODE Package 3: 2 additional Business Registration Inspectors (for a total of 8 Business Registration Inspectors). Salaries, Benefits and PERS: $138,000 Vehicles: $70,000 Equipment/Technology and Training: $16,920 TOTAL FY 2021/22: $224,920 Ongoing costs (5-year): 2022/23 2023/24 2024/25 2025/26 2026/27 $161,970 $176,020 $191,080 $211,790 $225,200 Package 3 would be in addition to the two Business Registration Inspectors recommended in the Proposed Budget to cover street vending enforcement in the evenings and on weekends. Staff recommends that rather than hiring four Business Registration Inspectors (the two in the Proposed Budget plus these two ) that Council approve moving forward with the two recommended in the Budget and assess progress at Mid-Year when the employees will have been in place for 3 -4 months and staff and Council can better evaluate the need. CODE Package 4: 1 additional Code Enforcement Officer III and 1 Administrative Assistant (for a total of 19 Code Enforcement Officers and 6 support personnel). Salaries, benefits and PERS: $152,800 7 Packet Pg. 46 7080 Page 6 Vehicle: $35,000 Equipment/Technology and Training: $10,200 Additional Space: Unknown TOTAL FY 2021/22: $198,000 Ongoing costs (5-year): 2022/23 $173,230 $188,260 $204,290 $226,320 $241,350 Economic Development and Public Works Engineering: Code Package 5: 1 Economic Development Project Manager and 1 Engineering Associate (Public Works), dedicated exclusively to the Carousel Mall Redevelopment Project Salaries, benefits and PERS: $226,000 Vehicles: $70,000 Equipment/Technology and Training: $3,880 TOTAL FY 2021/22: $299,880 Ongoing costs (5-year): 2022/23 $256,490 $278,500 $302,510 $332,420 $357,530 These positions were requested by a Council Member to be included in the FY 2021/22 Budget to be dedicated exclusively to the redevelopment of the Carousel Mall project. The Community and Economic Development Department Budget includes an Economic Development Manager position that is not dedicated exclusively to one project but would be available to assist with the Carousel Mall project, as necessary. If all CODE Packages 1-5 are adopted, the staffing and costs are as follows: 19 Code Enforcement Officers (12 recommended in Proposed Budget) 6 Code Enforcement Support Staff (4 recommended in Proposed Budget) 8 Business Registration Inspectors (6 recommended in Proposed Budget) 2 Economic Development Managers (1 recommended in Proposed Budget) 1 Engineering Associate (1 recommended Proposed Budget) FY 2021/22 Budget Impact: $1,553,040 Ongoing cost over five years: 2022/23 2023/24 2024/25 2025/26 2026/27 $1,247,040 $1,354,360 $1,470,640 $1,624,470 $1,735,200 Police Department Council Members requested adding up to ten additional Patrol Officers and five additional motorcycle Patrol Officers for improved patrol and traffic enforcement across 7 Packet Pg. 47 7080 Page 7 the City. The Proposed Budget includes the addition of four traffic p atrol officers and one sergeant to meet the needs of the Commercial Traffic Unit, which is intended to be put in place by the beginning of FY 2022/23. It also restores funding for one lieutenant position that was frozen for part of the fiscal year to balan ce the budget in FY 2020/21. Funding for this position has already been restored because it was only partially unfunded, and it is now filled. Currently one of the most significant challenges that the Police Department faces is the lack of support staff that leaves sworn officers doing the work that should be done by non-sworn personnel. Over the last several years, the City reduced civilian personnel including Community Service Officers and Forensic Specialists as well as adding programs without adding professional staff to run them, such as the body-worn camera program. While the Department supports adding sworn officers, without support staff, patrol officers will continue to be pulled away from critical duties for jobs that non -sworn personnel should be doing. Community Service Officers and Forensic Specialists have been significantly cut in the past few years to balance the budget. The number of each has been reduced by nearly half in the last decade, meaning that work previously done by these non -sworn roles is now handled by sworn officers. This work includes processing crime scenes, processing cases for the district attorney, taking basic police and crime reports, detective bureau work, and front desk duty at the police station. Staff recommends incl uding some of these positions as part of Council’s additions to ensure that Council’s goal of improved traffic patrol and response to calls are met. Adding these non -sworn positions will put Patrol Officers back on the street and improve response times and enforcement. PD Package 1: 7 Civilian Support Positions- 4 Community Service Officers, 2 Criminal Investigation Officers and 1 Forensic Specialist Salaries, Benefits and PERS: $459,000 Vehicles: $385,000 Equipment/Technology: $43,120 TOTAL FY 2021/22: $887,120 Ongoing costs (5-year): 2022/23 2023/24 2024/25 2025/26 2026/27 $583,900 $629,090 $678,280 $732,540 $789,700 This package is the highest priority for the Police Department as it would put existing sworn officers back on the street without having to hire new recruits. These support staff positions, as noted above, have been cut over the last few years to protect from cutting sworn positions, and while this method was successful, it resulted in officers who should be on patrol and responding to calls doing work that would otherwise be assigned to civilian support staff. Hiring these civilian staff will put these officers back on the street full-time. 7 Packet Pg. 48 7080 Page 8 It is important to note that the cost of hiring these civilian employees is significantly les s than the cost of bringing on seven new patrol officers and will accomplish the same result- seven officers on the street responding to calls. Salaries for these seven employees total $459,000, versus $832,000 for sworn officer salaries, plus a sergeant at $197,000 for the required command structure, for a total of $1,029,000 if seven new officers are added. Bringing on these seven civilian employees allows seven existing sworn officers to return to critical duties immediately and does so for less than hal f of the cost of adding seven new sworn officers. PD Package 2: 10 Additional Patrol Officers, 2 Sergeants, 1 Lieutenant Salaries, Benefits and PERS: $1,814,000 Vehicles: $845,000 Equipment/Technology: $91,780 TOTAL FY 2021/22: $2,750,780 Ongoing costs (5-year): 2022/23 2023/24 2024/25 2025/26 2026/27 $2,158,820 $2,337,170 $2,531,530 $2,742,910 $2,975,250 For each five officers added to the department, a sergeant is necessary, and for every ten officers, a lieutenant is necessary, thus two sergea nts and a lieutenant are added with this package. PD Package 3: 5 Additional Traffic Enforcement Officers, 1 Sergeant, 1 Lieutenant Salaries, Benefits and PERS: $1,024,000 Vehicles: $525,000 Equipment/Technology: $49,420 TOTAL FY 2021/22: $1,598,420 Ongoing costs (5-year): 2022/23 $1,227,900 $1,328,090 $1,437,280 $1,557,540 $1,686,700 As stated above, for every five officers, a sergeant is needed, and for every ten, a lieutenant. The Proposed Budget includes the addition of four officers and one sergeant, therefore adding this package will require the addition of a sergeant and a lieutenant. This package also includes specialized vehicles for commercial traffic enforcement. PD Package 4: 5 Motorcycle Patrol Officers, 1 Sergeant, 1 Lieutenant Salaries, Benefits and PERS: $1,024,000 Vehicles: $305,000 Equipment/Technology and Training: $103,670 TOTAL FY 2021/22: $1,432,670 Ongoing costs (5-year): 2022/23 2023/24 2024/25 2025/26 2026/27 7 Packet Pg. 49 7080 Page 9 $1,183,900 $1,284,090 $1,393,280 $1,513,540 $1,642,700 If all PD Packages 1-4 are adopted, one lieutenant position does not need to be added (both packages 3 and 4 include a lieutenant and if both packages are funded, only one of the lieutenants is necessary to meet the needs of the department). Staff ing (Patrol Division and Support Staff only) and costs of all four are as follows: 190 Patrol Officers (170 recommended in Proposed Budget) 47 Sergeants (43 recommended in Proposed Budget) 14 Lieutenants (12 recommended in Proposed Budget) 28 Community Service Officers- Civilian Support Staff (24 in Proposed Budget) 10 Criminal Investigation Officers- Civilian Support Staff (8 in Proposed Budget) 8 Forensic Specialists- Civilian Support Staff (7 recommended in Proposed Budget) FY 2021/22 Budget Impact: $6,435,990 Ongoing cost over five years: 2022/23 2023/24 2024/25 2025/26 2026/27 $4,914,520 $5,331,440 $5,786,370 $6,284,530 $6,824,350 Council Members requested consideration be given to adding additional mobile camera trailers, which are a useful tool for the Police Department as they provide real- time monitoring and act as a crime deterrent. The cost for one of these units is $28,000, so the addition of two would be $56,000, and the addition of three would cost $84,000. Council Members also inquired about the cost of reopening the City’s jail and contracting out transport services to free up our officers' time for response to calls. The cost for custody and transport services is approximately $960,000 for one year. The City would also need to purchase two transport vans which are estimated at $65,000 each, for a total of $130,000. Additionally, repairs to the jail would be necessary and include plumbing, locks, and camera maintenance which is estimated at $150,000. The total cost to implement this program in FY 21/22 would be $1,240,000. The City would need to evaluate the potential liability of reopening the jail, an important consideration from a risk management perspective. Human Resources Council Members requested adding one Diversity I nclusion Officer to promote the City’s diversity in recruitment in hiring. The Proposed Budget includes the addition of an Applicant Tracking System which would blind applications to promote diversity. Also included is advertising for recruitment and community outreach which would also promote diversity. The cost to add a Diversity Inclusion Officer to the City’s proposed diversity program would be 7 Packet Pg. 50 7080 Page 10 $156,500 in FY 21/22. A request was also made to contribute to the City’s Risk Management reserve established to fund anticipated liabilities associated with general liability and workers' compensation claims against the City, allocating $1,250,000 annually over four years until a reserve of $5,000,000 is met. City Manager Council Members requested consideration be given to adding one Assistant City Manager (ACM) so that there will be one ACM over operations and one over administration. The additional ACM will cost $261,400 in FY 2021/22. General Government Members of the City Council made the following General Government recommendations: 1) $150,000-$250,000 in additional funding for the Community Intervention Program (Violence Intervention Program). 2) Restore $75,000 annual allocation to the California Theatre/San Bernardino Symphony. Parks, Recreation & Community Services Council Members requested adding additional staffing for the Aquatics Program as currently lifeguards are assigned pool cleaning tasks. In the job description of a lifeguard is “Assists in cleaning the pool and related facilities, and equipment”. Utilizing Lifeguards for minor daily cleaning of the pools is the most economical option available to the City. The cost to add two additional Pool Maintenance Coordinators would be $140,000 in FY 21/22. Staff does not recommend funding these additional positions because pool cleaning is part of the lifeguard job description. If Council wants to change the job description moving forward, staff can make that change and hire additional employees for pool cleaning for the 2022 season. Public Works Council Members made several recommendations for the Public Works Department. Some of these recommendations are more complex than could be developed for inclusion in the budget given the timeframe. For the items listed below staff will develop program proposals and make recommendations to the Mayor and Council with the FY 2021/22 first quarter (Q1) report. 1) Trash Can Pilot Program: key items - a. Pilot area- downtown, boundaries to be determined b. Type of receptacle- must be resistant to vandalism, weather and difficult to open/empty c. Collection timing 7 Packet Pg. 51 7080 Page 11 d. Contract for collection or in-house 2) Right-of-Way Maintenance: right-of-way maintenance can include several different things including litter cleanup, clearing debris, cutting tall grass and weeds , and beautification and planting. Staff will develop a program proposal including- a. Program Goals (to be determined, may include) i. Litter ii. Debris iii. Grass and Weeds iv. Beautification b. Locations c. Timing d. Staffing/Contracting 3) Cleanup San Bernardino Campaign: the City will work with local non-profits and the County to determine the most effective way to implement a Cleanup Campaign for San Bernardino. The City will develop a plan including costs and staffing required. 4) Electrification: City staff is committed to reducing the City’s carbon footprint, and alternative energy sources are an important part of that commitment. Public Works is evaluating the addition of more electric vehicles to the City’s fleet; however, the capacity of the electric grid is a crucial consideration. The following items, while requiring some further evaluation, are alternatives to be considered with the FY 2021/22 Budget. 1) Parks Security: Nighttime security and parks closing was established at Mid -Year within the 2020/21 Operating Budget and is included in the FY 2021/22 Budget. Security services are currently provided at Wildwood Park, Seccombe Lake Park, Perris Hill Park, Blair Park, Rudy Hernandez Park and Meadowbrook Park. The estimated cost to expand nighttime security services to all City parks is $150,000 for FY 2021/22. This is an estimate, and if Council chooses to move forward with funding for security services for all parks, this amount may need to be amended. It should be noted that fencing and other security measures were also added to the FY 2021/22 operating and capital budget: a. Fencing around the ceramics building at Perris Hill Park b. Perimeter fencing at Rudy Hernandez Park c. Perimeter fencing at Seccombe Lake Park d. Perimeter fencing at Pioneer Memorial Cemetery 2) Public Works Equipment: $600,000. Additional funding to replace aging and needed equipment. TOTAL FY 2021/22 Budget: $750,000 One-time: $600,000, Ongoing: $150,000 Capital Improvement Program 7 Packet Pg. 52 7080 Page 12 1. Grape St. south of Chestnut: Grape St. from Chestnut to Mill St. is included in a Community Development Block Grant (CDBG) funded group of street segments. 2. Chestnut and Mill St. Repaving: this repaving project is included in a CDBG funded group of street segments. 3. Congress St.: Congress St. is in failing condition and requires complete reconstruction for a cost of $325,000. 4. Virginia St. from E St. to F St. and from G St. to H St.: both segments of Virginia St. are in failing condition and require complete reconstruction for a cost of $100,000 and $110,000, respectively. 5. Hillside and Fairfax repaving and add fencing: pavement is in failing condition and requires complete reconstruction for a cost of $500,000. Fencing cost to be determined. 6. 16th St. from Waterman to Sepulveda - extend two blocks to Sierra: extension of this project two additional blocks will add $100,000. 7. Niles from San Gabriel to Crestview: this segment is in failing condition and requires complete reconstruction for a cost of $225,000. 8. Trenton from Crestview to Valencia, and Valencia from Trenton to Niles: these segments are in failing condition and require complete reconstruction for a cost of $245,000. 9. Cedar St. from Highland to 29th St.: this segment is in failing condition and requires complete reconstruction for a cost of $750,000. 10. Arden St. (by the soccer fields): this segment is in failing condition and requires complete reconstruction for a cost of $245,000. 11. Country Club Lane from Waterman to Fremontia Dr.: this segment is in failing condition and requires complete reconstruction for a cost of $245,000. 12. Arden St. from Highland Ave. south to Highland Creek (end, north of Baseline St.): this segment is in failing condition and requires complete reconstruction for a cost of $800,000. 13. Cajon Blvd. in Cimmaron Ranch: Repaving of this road is not recommended; there are multiple vacant properties under development or in planning. Both the City and County include paving as a condition of development. 14. Waterman from Lynwood to 40th St.: this segment is State of California jurisdiction. 7 Packet Pg. 53 7080 Page 13 15. Acacia from 10th St. to Baseline Rd.: this segment is in failing condition and requires complete reconstruction for a cost of $275,000, which is the cost of the original segment in the Proposed Budget. It has been substituted for the duplicated H St. project in the budgeted CIP as requested and there is no additional cost for the total project. 16. Pacific/Conejo Area - Conejo Sidewalks: the City does not own the right-of-way on Conejo for sidewalks. To install sidewalks, power poles would require relocation and rights-of-way would have to be obtained from property owners. 17. Cross St. Bridge Repair/Replace: a structural engineer will evaluate the bridge for stability and structural integrity to determine whether it can be repaired or should be replaced. 18. Nicholson Park Rehab: this park rehabilitation is underway and conceptual plans are in development to reopen the community center. TOTAL Additional CIP: $3,645,000 Summary Overview Below is a summary of the items requested by the Mayor and members of the City Council for consideration for which staff was able to prepare a cost analysis. It is important to note that some of the items requested for evaluation will require further analysis in order to provide costing and as such they have not been included in the projections presented below. The cost projections for the additional items requested not included below will be incorporated into the first quarter budget update. City Council Requested Item Impact on FY 2021/22 Budget Code Packages 1-5 1,553,040 California Theater Funding 75,000 Police Packages 1-4 6,435,990 3 Mobile Camera Trailers 84,000 City Jail & Transport Services 1,240,000 Diversity Inclusion Officer 156,500 Risk Management Reserve 1,250,000 Assistant City Manager 261,400 Violence Intervention Program 250,000 2 Pool Maintenance Coordinators 140,000 Equipment Replacement for Public Works 600,000 Additional Parks Security 150,000 Total Operational Adds 12,195,930 7 Packet Pg. 54 7080 Page 14 Additional CIP Items 3,645,000 *Total Additions to General Fund 15,840,930 Given the many changes that have occurred with respect to the City’s revenues in the last year and the anomalies caused by the COVID -19 pandemic and the subsequent economic recovery, staff recommends taking a cautious, phased approach to the incorporation of ongoing operational expenditures. If the Mayor and City Council elect to move forward with adding some of the additional operating and CIP expendit ures identified for consideration at the beginning of the fiscal year staff has compiled some alternative options for consideration which represent the priorities identified during the May 13th budget meeting. A summary of the alternate options presented for consideration is outlined below. Alternate Options for Consideration: Community and Economic Development Department: CODE Package 4 ONLY, and an additional $100,000 for part-time and overtime. An alternate consideration, given Council’s direction on May 13, is CODE Package 4, adding one additional Code Enforcement Officer and one Administrative Assistant. This will bring total Code Enforcement Officers to thirteen and will allow staff time to evaluate programs put in place after Mid-Year 2020/21 and bring back reports and recommendations at Mid-Year 2021/22 regarding the nuisance abatement program and other programs for which the department is hiring currently. Additional $100,000 part-time and overtime. This funding is intended to ensure adequate coverage for evenings and weekends in instances where fill-time staff may not be available, or overtime may be necessary. FY 2021/22 Budget Impact: $298,000 One-time: $42,480, ongoing: $255,520 This alternate consideration results in thirteen Code Enforcement Officers, more than double the number in the 2020/21 Budget, and four more than were approved at the 2020/21 Mid-Year Report. Police Department: Package 1, and an Additional $500,000 for Commercial Enforcement Vehicles. An alternate consideration, given Council’s direction on May 13, is to fund the following: PD Package 1- Civilian Support Staff Funding Package 1, including the addition of seven civilian employees, allows seven existing sworn officers to return to critical duties immediately, and doe s so for less than half of the cost of adding seven new sworn officers. This, in addition to the five sworn officers (four patrol and one sergeant) recommended in the Proposed Budget will put an additional twelve officers on the street. 170 Patrol Officers (recommended in original Proposed Budget) 7 Packet Pg. 55 7080 Page 15 43 Sergeants (recommended in original Proposed Budget) 12 Lieutenants (recommended in original Proposed Budget) 28 Community Service Officers- Civilian Support Staff (24 in Proposed Budget) 10 Criminal Investigation Officers- Civilian Support Staff (8 in Proposed Budget) 8 Forensic Specialists- Civilian Support Staff (7 recommended in Proposed Budget) Additional $500,000 for Commercial Traffic Unit To ensure that the Commercial Traffic Unit can function as intended, an additional $500,000 in capital funds could be allocated for vehicle purchases for the Commercial Traffic Unit. Staff will be returning to Council with a comprehensive Fleet Replacement Plan; however, the lead time to order police vehicle s is 8-12 months, making this more urgent than other fleet ordering. TOTAL FY 2021/22 Budget: $1,387,120 One-time: $885,000, ongoing: $502,000 Human Resources Department: Diversity and Inclusion Officer. An alternate consideration, given Council’s direct ion on May 13, is to fund the Diversity and Inclusion Officer. Staff recommends evaluating methods for funding a liability reserve through annual operating transfers from departments based on claims experience and evaluating sources for initial seed funding for the liability reserve. TOTAL FY 2021/22 Budget: $156,500 One-time: $2,400, Ongoing: $154,100 City Manager’s Office: One additional Assistant City Manager. Fund an additional Assistant City Manager to ensure stronger oversight, management and coverage for both operations and administration. TOTAL FY 2021/22 Budget: $261,400 One-time: $2,400, Ongoing: 259,000 General Government: $150,000 additional funding for the Community Intervention Program. An alternate consideration, given Council direction on May 13, is to fund an additional $150,000 for the Community Intervention Program (Violence Intervention Program). Staff will return at Mid-Year 2021/22 with additional recommendations regarding the Community Intervention Program and the California Theatre/San Bernardino Symphony. Staff is recommending full rehabilitation of the California Theatre as one potential project for American Rescue Plan Act funds. TOTAL FY 2021/22 Budget: $150,000 Public Works The following items, while requiring some further evaluation, are alternatives to be considered with the FY 2021/22 Budget. 7 Packet Pg. 56 7080 Page 16 1) Parks Security: Nighttime security and parks closing was established at Mid -Year within the 2020/21 Operating Budget and is included in the FY 2021/22 Budget. Security services are currently provided at Wildwood Park, Seccombe Lake Park, Perris Hill Park, Blair Park, Rudy Hernandez Park and Meadowbrook Park. The estimated cost to expand nighttime security services to all City parks is $150,000 for FY 2021/22. This is an estimate, and if Council chooses to move forward with funding for security services for all parks, this amount may need to be amended. It should be noted that fencing and other security measures were also added to the FY 2021/22 operating and capital budget: a. Fencing around the ceramics building at Perris Hill Park b. Perimeter fencing at Rudy Hernandez Park c. Perimeter fencing at Seccombe Lake Park d. Perimeter fencing at Pioneer Memorial Cemetery 2) Public Works Equipment: $600,000. Additional funding to replace aging and needed equipment. TOTAL FY 2021/22 Budget: $750,000 One-time: $600,000, Ongoing: $150,000 A summary of the alternate considerations is provided below: Item Alternate Options for Consideration Code Packages 1-5 298,000 California Theater Funding - Police Packages 1-4 1,387,120 3 Mobile Camera Trailers - City Jail & Transport Services - Diversity Inclusion Officer 156,500 Risk Management Reserve - Assistant City Manager 261,400 Violence Intervention Program 150,000 2 Pool Maintenance Coordinators - Equipment Replacement for Public Works 600,000 Additional Parks Security 150,000 Total Operational Adds 3,003,020 Additional CIP Items 3,645,000 *Total Additions to General Fund 6,648,020 7 Packet Pg. 57 7080 Page 17 Measure S Committee Feedback While the Measure S Committee did not give a formal recommendation on the budget or items recommended for addition by Council on May 13, they had feedback for Council to be included in this staff report. 1) Inclusive Programming at California Theatre. Members of the Committee expressed support for the reinstatement of the $75,000 annual commitment to the California Theatre/San Bernardino Symphony with an emphasis on opening the Theatre to schools and ensuring equitable access to children, yo uth, and theater departments throughout the community. (Committee Chair Martindale, Ward 6) 2) Community Police Officers. Members of the Committee suggested that if additional police officers are added, there should be a focus on community relations and rebuilding trust within the community. There should be officer dedicated exclusively to community relations and building relationships with the community. (Commissioner Roberson, Ward 5) 3) Equity in Wireless Access. Members of the Committee recommended that Council consider adding wireless access in all City parks to ensure City youth have access to wireless connectivity. While the City has wireless available at community centers and libraries, the Committee would like Council to consider additional alternatives to ensure equitable access for the City’s youth. (Commissioner Roberson, Ward 5) 4) Residential Street Paving. Members of the Committee raised a concern that as additional streets capital projects are planned, it is extremely important to include residential streets as well as arterial and connector streets. These residential streets are in many cases long neglected and in dire need of repair. (Commissioner Williams, Ward 1) 5) Community Clean-Ups. While we have dump days, and free bulky items pick-up by Burrtec, many residents do not realize this and still dump items. It was suggested that there may be an opportunity for community clean -ups to mitigate some of the issues created by dumping of trash in our community. (Commissioner Amaya, Ward 2) 6) Diversity and Inclusion Manager. Members of the Committee expressed support for this position managing the training for diversity and inclusion throughout the City. (Commissioner Roberson, Ward 5) 7) Parks and Recreation Security. Members of the Committee expressed an interest in additional security at the cities many parks and recreation facilities. (Commissioner Avila, Mayoral Appointee) Fiscal Impact 7 Packet Pg. 58 7080 Page 18 The items requested by the Mayor and members of the City Council for consideration are summarized in the table below. Some of the items requested for evaluation will require further analysis in order to provide costing and as such they have not been included in the projections presented in this report. The cost projections for the additional items that have not been included will be incorporated into the first quarter budget update. It is important to note that the addition of all of the items requested by the Mayor and City Council for consideration would result in the exhaustion of the undesignated fu nd balance, the unallocated Measure S balance, as well as a significant portion of the City’s Economic Contingency reserve. Given the many changes that have occurred with respect to the City’s revenues in the last year and the anomalies caused by the COVID-19 pandemic and the subsequent economic recovery, staff recommends taking a cautious, phased approach to the incorporation of ongoing operational expenditures. If the Mayor and City Council elect to move forward with adding some of the additional operating and CIP expenditures identified to address service needs at the beginning of the fiscal year staff proposes consideration of the alternative options summarized in the table below. Item City Council Requested Additions Alternate Options for Consideration Code Packages 1-5 1,553,040 298,000 California Theater Funding 75,000 - Police Packages 1-4 6,435,990 1,387,120 3 Mobile Camera Trailers 84,000 - City Jail & Transport Services 1,240,000 - Diversity Inclusion Officer 156,500 156,500 Risk Management Reserve 1,250,000 - Assistant City Manager 261,400 261,400 Violence Intervention Program 250,000 150,000 2 Pool Maintenance Coordinators 140,000 - Equipment Replacement for Public Works 600,000 600,000 Additional Parks Security 150,000 150,000 Total Operational Adds 12,195,930 3,003,020 Additional CIP Items 3,645,000 3,645,000 *Total Additions to General Fund 15,840,930 6,648,020 The impact the additional expenditures proposed for consideratio n will have on the City’s General Fund balance and reserves are outlined in the table below. 7 Packet Pg. 59 7080 Page 19 FY 2021/22 General Fund Overview Proposed Budget May 13th Proposed Budget Updated Revenues City Council Requested Additions Alternate Options for Consideration Beginning General Fund Balance 47,905,880 47,905,880 47,905,880 47,905,880 Revenues 186,413,192 174,416,673 174,416,673 174,416,673 Operating Expenditures (152,701,673) (152,701,673) (164,901,084) (155,708,174) Operating Surplus 33,711,519 21,715,000 9,515,589 18,708,499 CIP Expenditures, Measure S (22,075,000) (22,075,000) (25,720,000) (25,720,000) Contribution (Use of) General Fund Reserve 11,636,519 (360,000) (16,204,411) (7,011,501) Projected General Fund Reserve 59,542,399 47,545,880 31,701,469 40,894,379 Fund Balance Designations Operating Reserve: Emergency Reserve - 15% of Adopted Budget 22,905,251 22,905,251 24,735,163 23,356,226 Economic Contingency Reserve - 10% of Adopted Budget 15,270,167 15,270,167 6,966,306 *15,570,817 Sub - Total Budgeted Reserves 38,175,418 38,175,418 31,701,469 38,927,044 Measure S Unallocated 16,687,342 9,370,462 1,967,336 Undesignated 4,679,639 - - Projected Ending General Fund Reserves 59,542,399 47,545,880 31,701,469 40,894,379 *Note: The addition of all of the items requested by the Mayor and City Council for consideration would result in the exhaustion of the undesignated fund balan ce, the unallocated Measure S balance, as well as a significant portion of the Economic Contingency reserve dropping the General Fund reserve below what is required under the City’s adopted reserve policy. Conclusion After reviewing this report and attachments, and at the conclusion of the FY 2021/22 Proposed Budget presentation, staff requests that the Mayor and Council provide further direction. Next Steps: The proposed Operating and Capital Improvement Program (CIP) Budget including the additional items identified by the Mayor and City Council for consideration will be presented to the Measure S Committee for review and response on Thursday, June 3, 2021. The FY 2021/22 Operating and Capital Improvement Program (CIP) Budget Hearing and Adoption is scheduled for June 16, 2021. Attachments Attachment 1 General Fund Expenditure Summary Attachment 2 May 13th Staff Report-FY 21/22 Proposed Operating and Capital Budget 7 Packet Pg. 60 7080 Page 20 Ward: All Synopsis of Previous Council Action: April 8, 2021 FY 2021/22 Budget Workshop May 13, 2021 The Mayor and City Council received a report on the proposed FY 2021/22 Operating and Capital Improvement Program (CIP) Budget. After discussion the Mayor and City Council requested additional Operating and Capital Improvement Program items to be prepared for review and consideration on June 2, 2021. 7 Packet Pg. 61 Attachment 1 General Fund Departments May 13th Proposed Budget** Council Requested Additions Alternate Options For Consideration City Attorney 2,836,570 2,836,570 2,836,570 City Clerk 1,541,526 1,541,526 1,541,526 City Council 836,839 840,320 840,320 City Manager 1,773,432 2,034,832 2,034,832 Community & Economic Development 7,436,221 9,064,261 7,734,221 Finance 4,805,359 4,805,359 4,805,359 General Government 9,096,710 9,346,710 9,246,710 Human Resource 2,004,237 3,410,737 2,160,737 Library 2,753,751 2,753,751 2,753,751 Mayor 421,359 421,359 421,359 Parks Recreation & Community Services 4,751,655 4,891,655 4,751,655 Police 92,194,615 99,954,605 93,581,735 Public Works 22,111,399 22,861,399 22,861,399 Special Assessment District 138,000 138,000 138,000 Total Estimated Expenditures 152,701,673 164,901,084 155,708,174 Total Operating Surplus 21,715,000 9,515,589 18,708,499 Total Proposed CIP Expenditures 22,075,000 25,720,000 25,720,000 Addition to (Use of) Fund Balance (360,000) (16,204,411) (7,011,501) Beginning General Fund Balance 47,905,880 47,905,880 47,905,880 Addition to (Use of) Fund Balance 11,636,519 (16,204,411) (7,011,501) Ending General Fund Balance 47,545,880 31,701,469 40,894,379 Estimated Beginning Fund Balance 42,450,000 38,828,204 38,828,204 Plus: American Rescue Plan Allocation 42,450,000 38,828,204 38,828,204 Total Available Resources 84,900,000 77,656,407 77,656,407 Minus: American Rescue Plan CIP Expenditures 7,250,000 7,250,000 7,250,000 Total Ending ARP Balance 77,650,000 70,406,407 70,406,407 American Rescue Plan GENERAL FUND SUMMARY 2021-22 Proposed Budget **This column reflects the original proposed expenditures presented on May 13th, however the updated revenue projections are factored into the fund balance calculations. 7.a Packet Pg. 62 Attachment: Attachement 1- General Fund Expenditure Summary (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) Page 1 Discussion City of San Bernardino Request for Council Action Date: May 13, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Fiscal Year 2021/22 Proposed Operating and Capital Budget Recommendation That the Mayor and City Council receive a presentation of the FY 2021/22 Proposed Budget and provide direction to staff. Background Section 701 of the City Charter provides that the City Manager shall prepare and submit to the Mayor and City Council for the ensuing fiscal year, a proposed budget. The Budget provides a financial plan of all City funds and activities for the upcoming fiscal year and includes a multi-year capital plan. This year’s budget kicked off in February, where direction was provided to departments relative to the development of their respective budgets. Meetings with Departments, the Finance Department, and the City Manager’s Office to review departmental submittals have been on -going since that time. The purpose of this study session is to discuss the proposed budget and provide direction to staff. The Proposed FY 2021/22 Budget document (Attachment 1) including recommendations for both operating and capital improvement program pr ojects provides two key pieces of information critical to making policy decisions. First, the document provides the estimated funding resources available, considering the current economic outlook, legal restrictions, and availability of state and federal f unding sources. Second, the document presents the cost of providing services and programs to the community. This budget expands upon existing service levels and funds critical deferred maintenance items. Staff will be presenting the Proposed Budget to the Measure S Committee on May 17 to review recommendations in this Proposed Budget for the use of Measure S funds, after which the Committee’s recommendations will be reported to the Mayor and 7.b Packet Pg. 63 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 2 Council for their consideration. There are a number of changes that have taken place in the last year including the receipt of the American Rescue Plan Act funding that will be split between FY 2020/21 and FY 2021/22. Given the magnitude of this one -time funding staff anticipates bringing a series of recommendations to the Mayor and City Council in the coming months, including projects related to ongoing efforts to curtail homelessness separate from the annual budget process. It is also important to understand that the FY 2021/22 capital plan is a first step in a multi-year approach to addressing the long-term deferred maintenance of streets, facilities and other infrastructure throughout the City . In a number of areas staff has recommend funding plans and design for projects with significant community impact, more details about which will be brought back to Mayor and Council as part of the 10-Year Capital Improvement Program (CIP) with the Mid- Year FY 2022/23 update. Separating consideration of the full CIP from the annual budget will allow the Mayor and Council more ti me to discuss and deliberate about community priorities, the impacts of new developments and the infrastructure required as a result, and long-range plans for the City. What is presented in this document is the first year of that long-range plan. Discussion Operating Budget The Proposed Operating Budget presented to the Mayor and Council tonight reflects a projected surplus of $35.9 million. Projected revenues, including Measure S Sales Tax, total $186.4 million, while the proposed expenditure budget totals $152.7 million. Due to the passage of Measure S and the upward trend of other revenues, the City is in a position to increase service levels for the first time in years. While this is a positive position for the city to be in, it is imperative that the city be cautious and financially responsible at this time. This Proposed Budget includes staff recommendations for the use of Measure S funds. It is important to remember that when Measure S replaced Measure Z, the General Fund lost a significant source of revenue. For this reason, staff recommends that Measure S contribute one-quarter of annual revenue to support ongoing existing levels of service. This represents the equivalent amount of Measure Z, which was a .25% sales tax, opposed to Measure S, which is a 1.0% sales tax. The recommendations for use of Measure S funds in this proposed budget reflect the recommendations of staff and will be presented to the Measure S Committee on May 17, 2021. The Committee will review and discuss these recommendations and make their own recommendations which will be presented to the Mayor and City Council for their consideration. General Fund Revenues 7.b Packet Pg. 64 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 3 FY 2020/21 FY 2020/21 FY 2021/22 Adopted Mid-Year Proposed Description of Revenue Budget Update Budget Charges for services 6,305,483 5,645,929 6,140,420 494,491 Fines & Forfeitures 1,512,000 995,400 1,478,500 483,100 Franchise Tax 10,130,000 11,530,000 11,781,000 251,000 Intergovernmental 2,485,000 8,541,280 2,243,602 (6,297,678) Investment income 450,000 450,000 500,978 50,978 Licenses & permits 11,295,551 11,116,877 11,858,000 741,123 Measure Z /Measure S Sales Tax 7,900,000 17,750,000 41,016,456 23,266,456 Miscellaneous 2,973,516 4,087,282 2,762,556 (1,324,726) Other Taxes 8,164,236 8,164,236 8,493,262 329,026 Property Taxes in Lieu of VLF 18,316,742 18,384,834 19,267,608 882,774 Sales & Use Taxes 32,488,243 39,392,304 57,391,210 17,998,906 Transfers in 1,752,227 1,752,227 - (1,752,227) Use of Money & Property 899,996 899,996 779,600 (120,396) Utility Users Tax 23,200,000 22,900,000 22,700,000 (200,000) Grand Total Revenues 127,872,994$ 151,610,366$ 186,413,192$ 34,802,826 Variance Mid- Year to Proposed General Fund revenues are projected to be $34.8 million higher than the FY 2020/21 projected actuals presented in February at the Mid-Year Budget Review. Significant areas of General Fund revenue variances are: General Fund Revenue Variances from the FY 20/21 Mid-Year Review, Highest to Lowest Measure Z/S Local Sale Tax - On November 3rd, 2020, voters approved Measure S, which increases the City’s local sales tax rate (previously Measure Z) from .25% to 1%, effective April 1, 2021. FY 2021/22 will be the first full year of Measure S revenue and is projected to contribute approximately $30 million annually to general fund revenues, for a total of $41 million. Measure S revenue is a general tax, but is being recorded in a separate sub fund for tracking and reporting purposes. Sales Tax - Sales tax revenue is projected to be approximately $57.4 million, which is a $17.9 million increase over projections in the FY 20/21 Mid-Year Budget Update. This increase is due to a change in allocation as compared to prior years. Intergovernmental Revenues - The City was awarded $5.3 million in federal CARES Act funding in FY 20/21, which was one-time and therefore this category is anticipated to be $6.3 million lower in FY 21/22. CARES Act funding, as specified by federal law, may only be used for unbudgeted costs incurred between January 1, 2020 and December 30, 2020 in response to the public health, safety, and economic impacts of the COVID- 7.b Packet Pg. 65 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 4 19 pandemic. This is a one-time, non-recurring resource. Also received in FY 23020/21 was an intergovernmental reimbursement of $735,000 from the Water Department for a project that the City and Water partnered on in FY 20/21. This is not included in the FY 21/22 Proposed Budget. Transfers In - The FY 21/22 Proposed Budget does not include any Transfers In, which was budgeted at $1.7 million in the prior year; transfers from the Grant Fund and the Street Construction Fund, resulting from a reconciliation and change in accounting for proceeds. Miscellaneous - The variance in this category is related to the additional revenue received from the restructuring of the City’s pension obligation bonds. This savings was one-time in nature in FY 2020/21. Property Tax in Lieu of Vehicle License Fees (VLF) - Property Tax in Lieu of VLF is based on the assessed valuation of properties in the City. Based on updated information from the City’s property tax consultant and the County, this revenue is expected to increase by approximately $882,000 to a total of $19.3 million. Licenses & Permits - Revenues in the Licenses & Permits category are up approximately 7% from the FY 20/21 end of year forecast provided at the Mid-Year Budget Review. The increases are primarily in Public Works construction permits and on-site permits. Increased development in the City is driving the increase. Charges for Services - In the FY 20/21 Mid-Year Update, shortfalls were expected in Cannabis Special Event revenue and miscellaneous police revenue related to reimbursements for police services at special events. As a result of the pandemic and stay at home orders, most special events were cancelled or significantly reduced in size. These revenue expectations have been partially restored for FY 21/22 as COVID -19 cases continue to decline and the State allows more large gatherings. Fines and Forfeitures - The FY 20/21 Mid-Year Budget Update projected a $516,600 decrease in projected revenues due to a decrease in parking citation collections. Due to the widespread health and economic issues resulting from the COVID-19 pandemic, the Franchise Tax Board (FTB) temporarily suspended the Interagency Intercept Collection (IIC) Program, which allows the FTB to collect past due citations from tax refunds, lottery winnings, or unclaimed property, and remit them to the City. Staff has restored this revenue estimate to previous trends in the FY 21/22 Proposed Budget. Other Taxes - Increased projections in this category are related to Tow Franchise Taxes as well as Transient Occupancy Tax (TOT). The Mid - Year Budget Update estimated decreases in this category due to expected 7.b Packet Pg. 66 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 5 pandemic-related declines in TOT. Tow Franchise Tax revenue are trending higher than estimated at the Mid-Year Budget Update. Franchise Fees - Franchise fees are projected to exceed Mid-Year estimates by approximately $250,000. The additional revenue in this category is related to Burrtec’s rate increase of 14% on commercial properties (approved by the Mayor and Council on June 19, 2019). As mentioned in the FY 2019/20 Year-End Budget Report, Burrtec franchise fee revenue totaled $8.9 million and it is expected that this level of revenue from Burrtec will continue in FY 2021/22. Utilities Users Tax (UUT) - Revenues are projected to continue to decline. UUT has remained relatively flat with minor declines. Several factors affect UUT, including weather, consumers switching from cable TV to streaming services, and increases in solar and other energy efficiency upgrades by residents and businesses. General Fund Expenditures The FY 21/22 Proposed Budget includes the existing service levels that have previously been approved by the Mayor and City Council, as well as a series of 7.b Packet Pg. 67 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 6 recommended additions outlined by department below. Animal Services ($299,654) Animal Services has made strides in the last few years, making major improvements in operations and gaining community support. Later this calendar year, the An imal Services Department will be taking over their own dispatch, requiring a significant change in their operations and additions to staff to ensure a smooth transition and continued good customer service. Following are the requests for additional funding for FY 2021/22 that will support ongoing operations and improvements to the Department. 1. Three (3) Senior Customer Service/Dispatch Staff. As mentioned above, Animal Services will be taking over dispatch duties from the Police Department in the fall of 2021. For this transition to take place, the Animal Services Department needs three Senior Customer Service/Dispatch staff to work the front office and take incoming Animal Control Service Requests. This team is the primary contact with the public and processes all adoptions, redemptions, and licensing appointments. The department needs additional staff to manage incoming calls, dispatch service information to the officers and ensure they have coverage seven days a week. These additional positions will bring the total number of positions in this classification to six ($179,565). 2. The Department will also need to engage an after-hours answering service to handle incoming calls from citizens and to contact the On -Call Animal Control Officer (ACO) when appropriate ($12,000). 3. Animal Services would like to partner with community groups to spay, neuter and return feral or minimally socialized cats back to their neighborhoods through a Trap Neuter Release (TNR) program ($50,000). Studies have shown that trap and remove or euthanize creates a gap in the population and the remaining animals have larger litters and/or other cats take over the territory, leading to a static number or increase of unaltered cats in the community. Other municipalities in the surrounding areas, including Riverside County, have found success in TNR program, leading to a reduction in abandoned kittens and an overall reduction in the cat populations, as well as cats needing to be impounded at the shelter. There are at least 3 local non -profits and 2 national non-profits who would like to partner with the City of San Bernardino on a program for unsocialized cats. The funds requested would be put toward public education, print materials for residents and would also cover a portion of spay/neut er and vaccination costs of the animals. The cats would have vaccines and flea treatment in addition to being altered, which would reduce illness in the cat population, making our community safer and healthier. 4. Modular buildings are requested to be ren ted as staff works on plans and raising funds for a new shelter in the City ($50,000). 5. Animal Services would like to reclassify one Animal Control Officer to a Lead Animal Control Officer. This position would assist in scheduling, training and monitoring the ACO's and dispatchers. With additional oversight, the lead position can ensure consistent practices for Field ACO's, including response times and focus on public safety. This would free up the Animal Services Director to dedicate more time to program analysis and administrative duties ($8,089). 7.b Packet Pg. 68 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 7 Community & Economic Development ($722,425) The Community & Economic Development department needs to improve customer service and response times, as well as support departmental operations. To do so, requires the following full-time positions: 1. One (1) Community Development Technician to improve customer service and response as the department responds to the high volume of building permit submissions to the Department ($60,129). 2. One (1) Economic Development Project Manager to manage the larger, more complex projects such as Arden Guthrie, the 5th Street Gateway, Carousel Mall, the Transit Station mixed-use project, the Shandin Hills Golf course and others to ensure deadlines are met and projects are comple ted on time ($110,126). 3. Three (3) additional Code Enforcement Officers to ensure compliance with municipal codes throughout the City (covering over 64 square miles). These are revenue-generating positions that will be at least partially offset by fines and fees. Currently, the City is not collecting a significant portion of the potential revenue generated from fines and enforcement fees because of lack of enforcement. ($214,491). The additional staff will require vehicles to perform their duties ($105,000). 4. One (1) Building Plans Examiner to improve customer service and response times. The Building Plans Examiner will perform analyses of building construction plans, including electrical, plumbing, mechanical, non -structural, and basic structural elements of buildings and facilities for compliance with state and local building codes, ordinances and laws; as well as direct and coordinate the daily activities and operations of the Public Information Counter ensuring a better overall customer experience ($74,720). 5. Reclassification of a Building Inspector to a Building Inspection Supervisor to better serve the staff in terms of training, direction and workload delegation. The addition of an experienced staff member will allow workloads to be directed dail y to the most qualified individual to perform critical inspections and tasks amongst the group. A system of mentor and apprentice has always existed within the trade structures, as the desired level of technical experience is very difficult to achieve without direct training and supervision. This system is explicitly designated within the California State Building Code in appendix Chapter A and is a best practice. This structure will help the department to better serve the community ($11,500). 6. One (1) Deputy Director/City Planner to aid in ensuring that the department is providing a high level of customer service, appropriate response times depending on the level of complexity of a project and managing departmental responsibilities efficiently and effectively. This position is necessary due to the level of responsibilities and demands placed upon the Department with the inclusion of Housing, Successor Agency/Economic Development and Code Enforcement Division. The Deputy Director responsibilities include directing the City’s planning programs, services and staff, with the goal of efficient, timely responses to resident and developer requests. This position would also be assigned oversight of some divisions within the department ($146,459). 7.b Packet Pg. 69 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 8 Finance ($686,034) Finance requires additional positions in the Business Registration division to improve customer service as well as assist with Sidewalk Vending Enforcement. 1. One (1) Business Registration Representative. Business Registration currently has one full-time Business Registration Representative budgeted; staff recommends adding an additional full-time position to ensure that all tasks can be completed efficiently ($58,200). 2. Two (2) Inspectors. Business Registration is tasked with Sidewalk Vending Enforcement which is growing in the city. Currently, Business Registration has four inspectors that work on enforcement of rental property and commercial - based business enforcement. Staff recommends adding two inspectors to work the evenings and weekends for continuous enforcement ($138,000). The following positions are requested for efficiency and cost -effective operations. Currently the City contracts out for these two accounting functions, which costs the City more annually than it would to employ full-time staff. 1. One (1) Accountant III. For the past seven fiscal years, the City has relied on an outside accounting consultant to assist with duties usually performed by an Accountant III/Senior Accountant due to several vacancies within the department. The outside consultant currently performs several key functions, including the compilation of financial records for audits, financial statement preparation, bank reconciliations, and other general high level accounting duties. To continue to stabilize the Finance department and add much-needed continuity, the department is recommending repurposing the funds that have been used to hire the outside accounting consultant to hire a full-time Accountant III. The hiring of an Accountant III would result in a net savings compared to continuing the contract with the outside consultant. This position will assist in the City’s annual audits, ensure compliance with Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standard Board (GASB) pronouncements, implement any process changes recommended by the City’s auditors, and work to implement other best practices within the Finance Department ($86,000). 2. One (1) Grants Manager. Currently, the City has a consultant that manages the financial reporting for grants throughout the City. Finance is requesting a full-time Grants Manager. The Grants Manager will be responsible for planning, coordinating, and directing all grant accounting and compliance activities for the City. This position will manage city-wide financial operations including federal financial reporting, federal revenue draws, and reconciliation activities associated with these activities. This classification does not currently exist; HR will provide the final salary range. The amount provided is an estimate with all benefits included, and the cost of this position will be offset by the cost for the current consultant. The Grant Manager will manage grants such that the City will be prepared for any Federal and State grant audits or requests for inf ormation. Many departments in the City are increasing their grant applications and this position will help ensure that the City is in compliance with all agency requirements, which can be complex and variable from agency to agency and even grant to grant ($105,400 estimate with offset). 7.b Packet Pg. 70 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 9 3. Reclassify one Part-time Accounting Assistant to Full-time. The current part-time Accounting Assistant assists with the department’s Treasury function to process daily deposits and revenues received from all City departme nts. Under the current part-time schedule, there is no opportunity for the position to assist with other business needs within the department. Upgrading the existing Accounting Assistant position from the current part-time position to a full-time position would enable the Accounting Assistant to provide valuable coverage for planned or unplanned outages in the department’s Payroll, Purchasing, and Accounting, Accounts Payable divisions. In addition, a full-time position would strengthen the department’s internal controls by providing an additional layer of segregation of duties for select tasks ($33,500 to upgrade to a full-time position). Finance staff recommends the purchase of software that improves financial transparency and will allow the City to better communicate budgetary and financial information to the public. The software will allow visitors to the City website to “slice and dice” the budget in different ways, allowing the individual to drive the level of complexity and detail. The software is ver y user friendly and includes graphics and charts to convey information. This software is also designed to assist in budget development, including tools to assist in workforce planning that will allow the salary and benefits budget to be automated for forecasting. This software would significantly improve efficiency within the department, in addition to its benefit as a tool for better financial transparency. The first-year cost includes a deployment cost of $50,800; the annual cost thereafter is $124,134. Finance is requesting a contract for a citywide fee/rate study to ensure that fees and charge are collected at rates that reflect staff time, technology, and other costs associated with the tasks that support the service provided. This will enable to City to recover costs more fully, including direct and indirect costs. ($60,000). Included in the proposed Information Technology budget is funding for new payroll software. Currently, payroll staff does not have the capacity to continue with day -to-day tasks and responsibilities and manage the conversion to a new payroll software system. To ensure that the conversion is successful staff requests a consultant/project manager for the implementation ($30,000). HR ($457,000) The following proposed recommendation s will help the City enhance diversity in recruitment and hiring: 1. Applicant Tracking System Enhancement. Blinding applications system enhancement and diversity analytics of applicant and employee pools to bolster diversity ($25,000). 2. Recruitment Advertising + Community Outreach. To enhance Diversity in the City’s recruitment applicant pool ($30,000). The City is integrating litigation management into the Risk Division within the Human 7.b Packet Pg. 71 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 10 Resources Department. For a well-managed Risk Management Division, the Department requests the following: 1. One (1) Risk Division Manager. Human Resources would like to improve the Risk Management division by adding a full-time Risk Division Manager. This position will provide oversight, management, and monitoring of the Risk Management Division, and is required to centralize the City’s litigation management and all related duties including integrating litigation case management with excess liability insurance standards and reporting requirements, and to attend and participate mediation proceedings, settlement conferences, and trials. The City currently has 104 open litigated cases, in addition to 86 open tort claims, and 344 workers compensation claims. A transition to a centralized function cannot be achieved without the funding of a full-time risk manager position. Additionally, this position is anticipated to assist with establishing a variety of safety and training programs including Cal/OSHA’s mandated Blood Borne Pathogens, Accident Prevention, Fire Prevention, Injury and Illness Prevention Program, Ergonomics/Repetitive Motion trainings and several others. The Risk Division Manager will also provide oversight of the Federal Motor Carriers Safety Administrations Clearinghouse Program which mandates reporting of drug and alcohol violations for all Commercial Drivers. The position will provide support for liability claims processing, workers compensation and safety programs by researching and preparing a variety of risk management program reports, schedules, statements, and data involving all risk management activities, and assist with special projects related to various program needs; provide support to each risk management function, acting as a resource for the departments when new programs are initiated. Lastly, this position will establish a process for DMV pull notices that outlines the specific process the City needs follow when violations come up on an employee driving record as well as maintain current pull notices on City employees ($153,000). 2. One (1) Senior HR/Risk Analyst ($105,000). This position will assist with various human resources functions to provide professional level support with equity and inclusion priorities, payroll and timekeeping transition from Linus, classification and compensation, training and employee development, updating policies and procedures, cyclical RFPs to maximize opportunities for cost containment/ reduction and new RFP initiatives, staff reports, employee engagement, automation enhancements, and streamlining processes depart ment-wide. Additionally, this position will support: Employee development and training to develop high potential employees to be prepared and ready to compete for promotional opportunities and identify targeted training as needed (i.e., development of a supervisory and/or leadership academy program). Succession planning. Training for preparing application/resume materials and mock interviews. The development of an employee engagement survey to solicit input from employees on how to improve the working environment and morale and enhance employee retention. 7.b Packet Pg. 72 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 11 Targeted interventions to support and facilitate difficult conversations throughout the City, especially around equity and diversity. Performance management training with an emphasis on diversity and inclusion. Training on diversity and inclusion initiatives - what it is and what it is not - the impact and change that can be expected in the organization. Training on the civil service recruitment process and the distinction between minimally qualified and competitively qualified. The City’s existing service needs support one additional position to enhance employee perception, legal compliance, and for the timely strategic alignment of services. The Human Resources Department requests the following to support ongoing efforts to improve employee retention, support labor negotiations and ensure compliance with the American with Disabilities Act: 1. Labor Relations Legal Services. To support labor negotiations with labor units for successor MOUs with each and to enhance legal support to address the complaints/ volume of claims the City faces related to harassment, discrimination and retaliation ($35,000). 2. Classification and Compensation Survey (Safety). Request for Proposals (RFP) for a survey of safety classifications to ensure competitiveness in the market to continue to attract and retain highly skilled safety employees ($75,000). 3. Reinstate the Employee Recognition Program. Reinstating this program and events to recognize employees for their hard work and dedication to the City. The program’s goal is to boost employee morale and ensure that employees know that they and their work are valued ($26,000). 4. Disability Compliance Management Services. Disability compliance management services to support compliance with Title I of the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA). Consultant will provide comprehensive and practical solutions to assist in successfully managing the most challenging Human Resource disability management leave cases ($8,000). 7.b Packet Pg. 73 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 12 Information Technology (IT) ($2,296,039) There are three critical City software systems that are outdated and in need of replacement: 1. The permitting software that the City currently uses is no longer supported by the host company. If the software program stops working Community and Economic Development and Public Works will be unable to process permits for the public. This is a critical item that has been deferred due to a lack of resources ($750,000). 2. The City’s payroll software is extremely outdated and does not communicate directly with the City’s financial ERP system. This creates additional work for staff in order to record payroll expenses in the general ledger. This is a critica l item that has been deferred due to a lack of resources ($500,000). 3. The City’s Asset Management/Work Order software requires replacement. This will significantly improve efficiency and response time, as well as increase management oversight ($500,000). Additional technology upgrades: 4. Document Management System. The City needs a document management system to ensure that documents from various systems and departments across the City are easily accessible and saved according to required retention law s ($300,000). 5. Library Infrastructure Upgrades. The current system at the libraries is more than ten years old; with a severely underpowered firewall that limits their connectivity ($100,000). Support Staff: One (1) GIS Administrator. This position will manage the GIS maps and systems for Public Works, the Police Department, the Parks, Recreation and Community Services Department and others, mapping City projects, properties, parks and facilities for public information as well as tracking and managing projects that are planned, in progress or complete ($146,039). Library ($579,676) To better serve the community, staff recommends investing in City libraries, which provide access to information, the internet and entertainment for the community. Recommended investments include increasing service hours and investing in materials and supplies as well as improving the overall user experience. In recent years, branch library hours were cut to only 20 hours per week, severely limiting the time in which residents can access them for school projects or simply to check out a 7.b Packet Pg. 74 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 13 book or other media. Library investment in other areas was also severely curtailed, furniture hasn’t been replaced in decades, and the existing book and media budget is less than half of what it should be for a city the size of San Bernardino. In order to address these issues, including increasing branch hours from 20 to 40 hours per week and central library hours from 37 to 40 hours per week, the following positions and other increases in expenditures are recommended: 1. One (1) full-time Library Technician I and three (3) full-time Library Technician IIs ($208,000). 2. An Increase in part-time personnel for a Library Technician, a Library Assistant and a Library Page, which are critical to doubling the weekly public service hours from 20 to 40 at the branches ($185,500). 3. Additional security guard hours to match the service hours ($63,000). 4. Additional utility costs at the main library and the branches to match the service hours ($16,000). 5. Additional hours for a part-time Library Assistant. The San Bernardino Public Library (SBPL) has received grant funding to set up a Makerspace area in which patrons can build and create items in Feldheym Library’s Jack L. Hill Lifelong Learning Center. Staff recommends increasing part-time hours at the Feldheym Library to allow for the program ($11,676). 6. Increased funding for library materials & books - While the library has $40,000 for library books in the proposed materials budget, a library serving a city of roughly 217,000 should have at least twice that funding amount for print and digital resources ($40,000). 7. Library furniture for the public Chairs, tables and shelving has been used for many years and need to be replaced. Chairs used by the public have fabric coverings that show years of usage. HR/Risk Management staff recommended chairs without fabric coverings as these are easier to clean, especially given the COVD-19 pandemic. Many of the existing tables have wooden legs that loosen and become unstable, requiring frequent tightening by Facilities staff. Shelving used for DVDs shows signs of wear and tear from many years of usage, and this shelving was not designed to display DVDs, making shelving and organization problematic. Staff recommends replacing chairs at Feldheym and the three branches, tables at Feldheym, and DVD shelving at Feldheym ($55,000). Parks, Recreation, and Community Services (Parks) ($680,189) The Parks, Recreation and Community Services Department has seen significant cut s to their budget in the past few years as part of budget balancing strategies. Parks, Recreation, and Community Services are an essential part of a City. Recommendations include improvements to facilities as well as restoration and expansion of programming. Programming 1. Required CPR/First Aid/Defibrillator Training & Certification for 20 Full -time Department employees through a contract service provider ($1,000). 7.b Packet Pg. 75 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 14 2. Department Activity Brochure. Printing and distribution of a hard -copy promotional brochure (approximately 28 page) detailing services and programming, to be distributed two times per year. Many residents of the community are unaware of the services that the Parks, Recreation and Community Services Department provides. In San Bernardino, marketing through social media sources has not proven to be as effective for the Department as the printed brochure, which was eliminated with budget cuts. Greater awareness of programs usually equates to more service participation and higher revenues. Staff will also coordinate with the Public Information Officer (if approved) for potential translation services ($130,000). 3. City-Wide Special Events - Summer Concert Series. The additional of a summer seasonal outdoor live band concert series for the community. Providing a variety of musical styles for the community to enjoy in the summer nights under the stars. The concert series would take place at the Roosevelt Bowl, an underutilized facility. The plan is to host four to eight concerts per summer per year between June and August. ($40,000). Capital 1. Replace Foul Ball Netting at Various Ball Fields. Replacement of foul ball netting at five baseball/softball fields. This is part of an annual preventative maintenance and safety routine to replace aging and de teriorated or missing foul ball netting. This reduces risk and the potential for future litigation due to foul ball damage ($30,000). 2. Infield Mix for Ball Field Maintenance. Replace infield mix at 10 of the 40 youth sports groups home fields. All fields are used on an almost daily basis by resident youth sport groups ($16,800). 3. Perris Hill Senior Center Table and Chair replacement. Full replacement of worn out and broken chairs and tables at the Perris Hill Senior Center dining room for senior programming. This complements the FY 2020/21 CIP Perris Hill Senior Center Renovation ($17,700). 4. Portable Canopy at the Pioneer Memorial Cemetery. When graveside services occur at the cemetery, staff place chairs and provide a canopy to shield the mourners from the weather. The canopy currently used has been in use for twenty years and is in dire need of replacement ($8,000). 5. Repairs at Norton Gym. Repairs to the interior of Norton Gym have been addressed for the most part; however, the existing budget is in sufficient to cover all the required repairs. Additional funds are necessary to support current facility programming. Most of these items relate to health and safety concerns ($5,000). 6. LED Lighting Conversion at Bobby Vega Park tennis courts. This repai r will re- establish lighting and will provide a long-term cost savings and a longer bulb life span, with a brighter, cleaner light. Installation will be completed by in -house staff. Cost is for fixtures, pole and miscellaneous supplies ($5,100). 7. Perimeter Fencing around the Ceramics Building. Installation of a six-foot high wrought iron fence with gate around the front of the Ceramics Studio Building at Perris Hill Park ($17,280). 8. 5th Street Senior Center & Perris Hill Senior Center Window Tinting and Blind Replacement. Replace several deteriorated window blinds and install new 7.b Packet Pg. 76 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 15 window tinting on all windows at both the 5th Street and Perris Hill Senior Centers to protect employees and City-owned equipment ($12,000). 9. Hand Trucks & Dollies at Senior Centers. The Senior Centers’ programming requires staff to regularly move chairs & tables, food commodity boxes, Grab -N- Go event materials, items for special events and dances. The Centers need specialized carts and/or hand trucks to reduce the risk associa ted with lifting and moving heavy and bulky items ($2,000). 10. 5th Street Senior Center Stage Curtain and Lighting. Replace the stage curtain, which is original and no longer functional, and replace and update the track lighting system. The City’s Senior Centers are very active facilities; these improvements will enhance the programming as well as patron experience ($12,500). Staff 1. One (1) Full-time Recreation Coordinator. This position will ensure full-time coverage at the Perris Hill Senior Center, t o assist the Community Center Supervisor who oversees both senior center locations at this time. Perris Hill Senior Center is the only center that does not currently have a full -time staff person during normal business hours. This position will be responsi ble for programming of the Perris Hill Senior Center daily activities, dances, and facility rentals, and assist with development, coordination, and execution of the two annual senior special events: The Ollie McDonald Senior Talent Show and the Inland Empire Senior Games and Health Fair. With the conversion of tennis courts into pickle ball courts, the Center also will be offering pickleball tournaments ($51,650). 2. Reclassification of a Community Services Center Supervisor to a Community Recreation Program Supervisor. The employee currently supervising Senior Services has been performing increasingly more broad responsibilities over the past 5 years. The City has reduced staffing levels since 2005 and all positions have absorbed greater responsibilities. The functions performed by the current employee in the Community Services Center Supervisor position are more in line with the Community Recreation Program Supervisor ($4,244). 3. Outdoor Recreation Facility Monitors. Employ part-time recreation leaders to open and close park restrooms and other monitored amenities at high -traffic parks (Perris Hill, Wildwood, Blair, Nunez). This will improve resident experience in the parks by improving the availability of park restrooms as well as providing better oversight of local park amenities to prevent vandalism, graffiti, and unsafe or unhealthy conditions ($46,983). 4. One (1) Full time Aquatics Supervisor. The Parks, Recreation and Community Services Department manages and operates five pool locations with eleven bodies of water. The Full-Time Aquatics Supervisor would be responsible for the daily operational maintenance of our pool locations. Currently this is being handled by a part time staff member, which is not adequate to the amount of work. The request is to increase funding from a part-time to a full-time position ($54,932). 5. Additional Part-time Staff as follows: three (3) Program Specialists, five (5) Senior Recreation Leaders, eight (8) Recreation Leaders and four (4) Recreation 7.b Packet Pg. 77 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 16 Aides. The addition of these part-time positions at each facility will enable the Department to continue daily operations, as well as adhering to all requirements and guidelines from Federal, State and local agencies related to COVID -19 ($225,000). Police ($2,079,095) The Police Department has requested the following positions be added as part of a Commercial Traffic Enforcement Unit: 1. Four (4) Patrol Officers. These officers will be hired for training at the beginning of Fiscal Year 2021/22 so that four more senior officer would be available to be dedicated to the Commercial Traffic Unit at the beginning of Fiscal Year 2022/23 ($489,576). 2. One (1) Sergeant. This sergeant will supervise the patrol officers of the unit and would help to stand up the unit during FY 2021/22. This more experienced position would ideally be someone with experience operating a Commercial Traffic Unit (188,645). 3. Restoration of one (1) Lieutenant position held vacant (unfunded) in FY 2020/21 as part of budget balancing strategies and intended to be restored with the FY 2021/22 budget. The Police Department is also requesting the following staff positions be added to improve dispatch response times and address the records management backlog. 1. Four (4) Dispatchers ($253,160). 2. Three (3) Police Records Technicians (147,714). Vehicle Replacement. Over the last two years, vehicle replacements for police officers have been deferred due to budget constraints. Many police vehicles are well beyond their useful lives and need to be immediately replaced. ($1,000,000) Public Works ($617,642) Staff 1. Two (2) Full-time Engineering Technicians. These positions will be dedicated staff to customer service and permit processing. With engineering expertise, these positions will be able to help significantly with the turnaround time for calls and permits. Currently, existing staff are assigned to cover the front counter on a rotating basis. Rotation of assignments is disruptive to the existing staff workflow and inefficient for both the public and staff. Establishing of these positions will provide consistent coverage for the processing of permit requests, improve communication related to permit requests, and improve current response times for permit issuance ($145,133). 2. One (1) Maintenance Worker III. This po sition is necessary to address deferred maintenance in Parks, Streets and Storm Water ($57,114). 3. One (1) Traffic Signal Technician III. The Traffic Signal Division is severely understaffed and requires additional personnel to improve maintenance and 7.b Packet Pg. 78 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 17 emergency response. The Division oversees 300 traffic signalized intersections and performs work related to wiring, cabinet installations, timing controllers and detection infrastructure and responds to emergency knockdowns. New development Inspections are also handled by this team and maintenance of approximately 7,000 City owned streetlights ($94,209). 4. One (1) Facilities Maintenance Mechanic. This position was previously unfunded due to budget reductions. This position is necessary to ensure that City-owned property is adequately maintained. This position will assist staff in the day-to-day maintenance of City property, reducing the need for major repairs ($57,114). 5. One (1) Traffic Engineering Associate. This position was unfunded with FY 2020/21 Adopted Budget. This position is critical as the City continues planned improvements on existing traffic signal infrastructure, and to keep up with the review of new traffic engineering projects that are being constructed throughout the City ($93,072). Programming Environmental Consultant Services - Biologist surveys are required to maintain compliance with existing maintenance permits issued by environmental agencies. Surveys must be performed prior to initiating maintenance for clearing or debris removal. This consultant will also assist in providing reporting to environmental agencies on maintenance work performed ($55,000). Capital 1. Backhoe for Street Maintenance. The current unit is a 1992 model that has reached its services life after nearly 30 years. The Streets Division needs a new backhoe to perform removal of downed trees, moving boulders, rocks, gravel, compacting slopes, and complete other construction site tasks ($100,000). 2. Casket Lowering Device. This purchase is necessary so that staff do not need to enter open plots and improve efficiencies at Pioneer Cemetery ($6,000). 3. Artificial Turf Groomer. This is an equipment attachment required to properly maintain and preserve the longevity of the new artificial turf being installed at the soccer fields at Nunez Park ($10,000). General Fund Reserves 7.b Packet Pg. 79 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 18 For FY 2020/21 the General Fund is anticipated to end the year with a surplus of just over $56.5 million and a projected ending fund balance of $90.3 million. Of this amount, $42.45 million is associated with the American Rescue Plan (ARP), which is General Fund revenue, but for tracking and reporting purposes will be identified separately. The City will receive $42.45 million in ARP funds in both FY 2020/21 and FY 2021/22. The CIP section of this document identifies several projects that may be eligible to be funded with ARP funds. With projected revenues of $186.4 million and proposed operating expenditures of $152.7 million, and CIP expenditures from Measure S and ARP totaling $29.3 million, the projected ending fund balance at June 30, 2022 is $137 million. Capital Improvement Program The City of San Bernardino has faced decades of economic challenges. As the City looks to take advantage of the opportunities presented by recent economic improvement, how the Mayor and Council invest the available funds will be a critical measure of the success of the City in reinventing itself over the next decade, quarter and half-century. The funds available in the next two years are somewhat unique: the American Rescue Plan funds may come with fewer restrictions than any other Federal funds in recent memory, allowing investment in long-neglected City buildings and community landmarks. Measure S revenue is nascent, and investment of Measure S 7.b Packet Pg. 80 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 19 funds should be carefully considered to ensure that they reflect community priorities for the long-term. Other revenues carry more or less legal restrictions, depending on the source, but may be used for particular projects, and are discussed below. CIP Revenues Measure I- Half-Cent Sales Tax The City’s share of the County-wide half-cent sales tax measure approved by the voter to provide funding for street maintenance and construction projects. These funds may be used for any street maintenance and construction projects within the City. SB1 - Road Repair & Accountability Act Gas Tax Senate Bill 1 created the Road Maintenance and Rehabilitation Program (RMRP) to address deferred maintenance in the State Highway System and the local street and road system and the Road Maintenance and Rehabilitation Account (RMRA) for the deposit of funds for the program. SB1 funds are therefore deposited into the RMRA account and can be spent on streets maintenance throughout the City within the guidelines set forth by the State, for example, utility relocations may not be funded through the program, but complete streets projects, traffic signals and drainage improvements are eligible. Regional Circulation Fee Funds Regional circulation fees funds must be spent on projects that when constructed wi ll improve circulation on a regional basis, (i.e., drivers from other nearby cities will also benefit from the improvements.) Examples include freeway interchange and access ramps, major thoroughfares that travel through several other municipalities and ma jor railroad grade separations. Local Circulation Fee Funds Local Circulation Fees are imposed on new residential, commercial, and industrial development to fund the cost of streets, signals, and bridges. These funds may be spent on circulation systems projects that when constructed, will improve traffic circulation generally within the boundaries of the City of San Bernardino. An example would be a traffic signal at the intersection of two arterial streets. 7.b Packet Pg. 81 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 20 Highway Safety Improvement Program (HSIP) Grant Fund The Highway Safety Improvement Program (HSIP), codified as Section 148 of Title 23, United States Code (23 U.S.C. §148) is one of the core federal-aid programs in the federal surface transportation act, Fixing America's Surface Transportation Act (FAST), which was signed into law on December 4, 2015. The purpose of the HSIP program is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land. These are grant funds that are awarded by eligible project. Storm Drain Construction Fund New developments are required to pay a fee based on area. These funds are deposited in the Storm Drain Construction Fund. Money the Fund is restricted in its use to the construction and maintenance of the storm drainage system in the City. Public Use Facility Fund This fund contains money that can be used only for the construction and maintenance of community centers that are used for classes, meetings, and general public use. Cultural Development Fund A Cultural Development Construction Tax is imposed on new the privilege of construction or reconstruction as defined in Municipal Code Section 15.57.020 Subsections C and D, in the amount of one-half of one percent of the construction cost. The funds from this tax may be allocated to cultural development activities or such other uses as the Mayor and Council may direct. Quimby Development Impact Fee (DIF) Fund The Quimby Act of 1965 established a fee that developers may pa y in lieu of setting aside parkland when they develop an area within a city. Quimby fees are restricted and may only be used to fund construction of new parks facilities or purchase new parkland. AB 1600 Parkland Development Impact Fee (DIF) Fund 7.b Packet Pg. 82 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 21 Fees collected in this fund may be used to fund new parks facilities or maintenance at existing facilities. Community Development Block Grant (CDBG) Funds The primary objective of this program is to develop viable urban communities by providing good housing, a suitable living environment and expanding economic opportunities, principally for people of low to moderate incomes. This may be achieved by improving poor living conditions, conservation, and expansion of existing housing stock, improved public services, including streets and sidewalks surrounding existing housing, and improved land use. All public facilities, except for “building for the general conduct of government” (i.e., City Hall) are eligible for CDBG funding. The amount of CDBG funding available for CIP varied depending on other CDBG uses of the funds. Measure S Measure S is a district sales tax of one percent, passed by the voters of San Bernardino in November of 2020. The passage of the Measure S demonstrated the desire of voters to invest in the City to make meaningful and long-lasting improvements to the quality of life for residents. The proceeds of Measure S are not legally restricted, though the Mayor and City Council adopted a Measure S Expenditure Policy which stated that any proposed expen diture of Measure S funds should consider: the preservation of existing service levels, General Fund Reserve Policy, and Mayor and City Council Key Strategic Targets and Goals of: Financial Stability, Focused, Aligned Leadership and Unified Community, Improved Quality of Life, and Economic Growth and Development. The recommended budget includes dedicating $10.3 million of Measure S revenue to preserve existing service levels and support ongoing operations. This amount represents a quarter of the revenue generated by Measure S and equates to what was being generated by the Measure Z district sales tax replaced by Measure S. Additional revenue is recommended to fund capital improvements, identified below. American Rescue Plan (ARP) Funds In response to the ongoing COVID-19 crisis, the Federal American Rescue Plan (ARP) provides direct payments to state, local and tribal governments for emergency funding. The City of San Bernardino will receive a total of $84.9M in ARP funds in two equal payments, one anticipated in May of 2021, and one 12 months later in 2022. Thus far, there are few restrictions on ARP funds, other than pension plan payments being specifically disallowed. 7.b Packet Pg. 83 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 22 Staff will be coming back to City Council and the Measure S Committee in the next few months to make recommendations around the American Rescue Plan (ARP) and remaining Measure S funds as part of the five-year capital plan, along with recommendations around other key priorities including programs designed to address homelessness in the community in collaboration with the County and other non -profit organizations. Recommended Projects and Use of CIP Funds After careful consideration, staff developed a capital plan for FY 2021/22 that is a clear first step in a multi-year approach to addressing long-term deferred maintenance of streets, facilities and other infrastructure throughout the City while remaining financially prudent. In a number of areas staff has recommended funding plans and design for projects with significant community impact, more details about which will be brought back to Mayor and Council as part of the 5-Year Capital Improvement Program with the Mid-Year FY 2022/23 update. Separating consideration of the full CIP from the annual budget will allow the Mayor and Council more time to discuss and deliberate about community priorities, the impacts of new developments and the infrastructure required as a result, and long-range plans for the City. What is presented in this document is the first year of that long -range plan. Staff will also be preparing a more detailed plan for the application of the American Rescue Plan Act funds the City will be receiving this fiscal year in the next few months that align with the guidelines established by the U.S. Treasury once they are released. Storm Drainage There are three ongoing storm drainage projects recommended for funding in FY 2021/22 for a total of $4,150,000, all of which will be funded through Storm Drainage DIF funds. Traffic Signal and Street Lighting There are four ongoing and five new traffic signal and street lighting projects recommended for funding in FY 2021/22 with funding recommended as follows: HSIP Grant Funding: $2,578,292 Local Circulation DIF: $190,000 Measure S: $2,800,000 7.b Packet Pg. 84 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 23 Buildings There are eight new building projects recommended for funding in FY 2021/22 with funding recommended as follows: Library Facilities: $200,000 Public Use Facilities: $300,000 Grant Funds: $500,000 Measure S: $1,775,000 ARP Funds: $7,250,000 Parks and Park Facilities There are four parks projects recommended for funding in FY 2021/22 with funding recommended as follows: AB1600 Parkland: $850,000 Measure S: $8,500,000 Streets (Ongoing) There are eight ongoing streets projects recommended for funding in FY 2021/22 with funding recommended as follows: Measure I: $2,243,851 SB1 (RMRA Gas Tax): $4,000,000 Regional Circulation DIF: $3,950,000 Public Improvement Fund: $500,000 Streets (New) There are six new streets project packages recommended for funding in FY 2021/22 with funding recommended as follows: 7.b Packet Pg. 85 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) 7302 Page 24 CDBG Funds: $1,600,000 Measure I: $4,450,000 Measure S: $9,000,000 Fiscal Impact There is no fiscal impact from the presentation of the FY 2012/21 Proposed Budget. The annual budget process helps ensure that the City’s limited resources are being directed toward those projects and function that the Mayor and City Council believe best support their approved list of Goals and Objectives and vision for the community. Staff will return to the Mayor and Council for the adoption of the FY 21/22 budget in June. Conclusion After reviewing this report and attachments, and at the conclusion of the FY 2021/22 Proposed Budget presentation, staff requests that the Mayor and Council provide further direction. The next steps in the budget development and adoption process are: June 2 - Further review of Proposed Operating and Five-Year CIP and budget document June 16 - Adoption of FY 2021/22 Operating Budget and CIP Attachments Attachment 1 - FY 2021/22 Proposed Budget 7.b Packet Pg. 86 Attachment: Attachment 2 - May 13th Staff Report (7080 : Fiscal Year 2021/22 Budget Presentation (All Wards)) Page 1 Public Hearing City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Kris Jensen, Director of Public Works Subject: Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards) Recommendation Read by title only, waive further reading, and introduce Ordinance No. MC -1560, an Ordinance of the Mayor and City Council of the City of San Bernardino, California to amend the San Bernardino Municipal Code to Add to Title 12 Chapter 12.05, “Right -of- Way Permits - Wireless Facilities” and finding the same exempt from California Environmental Quality Act. Background Traditionally, wireless antennas and equipment were primarily inst alled on large towers on private and public land and on the rooftops of buildings. In recent years, wireless services companies increasingly seek to install wireless facilities in the public rights -of- way (ROW) on utility poles, streetlights, and new poles. Current predictions indicate that the next wave of wireless facility deployment (i.e., 5G) will involve as much as $275 billion in investment over the next decade, with the vast majority of these new facilities anticipated to be placed in the public ROW. Developments on private land and buildings are typically subject to land use review under the City’s Development Code while installations in the public ROW are typically addressed through encroachment permits. However, at present, the City’s Municipal Code contains only minimal standards or regulations designed to address the unique aesthetic, safety, operational, and locational issues associated with the installation of wireless facilities specifically in the public ROW. Discussion Staff is taking the steps discussed below to address wireless deployments in the public ROW consistent with new federal regulations and recommends that the Mayor and City Council introduce the proposed ordinance. Staff will, at a future meeting, bring to the Mayor and City Council a resolution to adopt design and development standards. Major Relevant State and Federal Laws 8 Packet Pg. 87 7334 Page 2 Local governments are responsible for siting wireless facilities; however their authority is limited by various state and federal laws. Under state law, specifically, Public Utility Code Section 7901, telephone companies (including wireless carriers) have a franchise to use the public right -of-way. However, that franchise right is not unfettered, and Section 7901 broadly empowers a local authority to regulate a telephone corporation’s facilities to ensure that they do not “incommode” the public use of the public right-of-way, including due to aesthetic considerations. Courts have taken an expansive view of the term “incommode,” permitting local authorities to impose, pursuant to Section 7901, physical and aesthetic conditions on an operator’s facilities. See, e.g., T-Mobile W. LLC v. City & City. of San Francisco, 438 P.3d 239, 249 (2019) (“San Francisco”); see also Sprint PCS Assets, L.L.C. v. City of Palos Verdes Estates, 583 F.3d 716, 723 (9th Cir.2009) (“Palos Verdes Estates”) (construing broadly the meaning of “incommode,” which means to “subject [the public use] to inconvenience or discomfort; to trouble, annoy, molest, embarrass, inconvenience or [t]o affect with inconvenience, to hinder, impede, obstruct (an action, etc.)”) (quotes omitted). However, any aesthetic or other regulations ensuring that the wireless carriers do not incommode the public use of the public right -of-way cannot be so restrictive so as to effectively keep the wireless carriers out of the public right -of-way entirely. Such restrictions could violate the wireless carriers’ franchise rights under Section 7901. The principal federal law limiting local authority over wireless siting (47 U.S.C. 332(c) (7)): Requires action of applications to be within a reasonable period of time; Provides that local regulations and placement decisions may not prohibit or effectively prohibit provision of personal wireless services; Requires that denials must be in writing and supported by substantial evidence; Prohibits any consideration of RF emissions in siting decisions if applicant meets FCC standards; Does not allow unreasonable discrimination among providers of functionally equivalent services; and Provides for expedited appeals to court. In 2012, Congress adopted a law (codified as 47 CFR Sec. 1455) requiring that certain applications to modify or add to existing wireless facilities must be approved at the local level and cannot be denied. These are known as “eligible facilities requests.” The Federal Communications Commission has adopted several orders implementing and interpreting the above-noted restrictions in federal law. A summary of some of the recent relevant orders is provided below. A. Ban on Moratoria (City must process applications to install wireless 8 Packet Pg. 88 7334 Page 3 telecommunication facilities) On August 2, 2018, the Federal Communications Commission (FCC) adopted a Third Report & Order and Declaratory Ruling in the rulemaking proceeding titled Accelerating Wireline and Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, 33 FCC Rcd. 7705 (rel. Aug. 3, 2018) (the “August Order”), that, among other things, contained a declaratory ruling prohibiting express and de facto moratoria for all personal wireless services, telecommunications services and their related facilities under 47 U.S.C. § 253(a). A “de facto” moratoria is any set of regulations that have the practical effect of prohibiting all such facilities, even if the regulations do not explicitly say that the facilities are not allowed. The FCC directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to hear and resolve all complaints on an expedited basis. The declaratory ruling in th e August Order was made effective upon release of the August Order which occurred on August 3, 2018. This means that there can be no pause in accepting or processing applications to allow the city to study and address potential issues. B. Failure to act on an application before the FCC Shot Clock expires can result in the applicant having deemed approved or other enhanced remedies under federal law The FCC has adopted a total of five shot clocks or timelines within which to act on various types of applications for wireless facilities. The most recent shot clocks have focused on small wireless facilities and modifications to existing wireless facilities. Small wireless facilities are typically placed in the ROW. Small Wireless Facilities Shot Clocks: On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, 33 FCC Rcd. 9088 (rel. Sep. 27, 2018) (the “September Order”), which, among other things: created new shorter (60 and 90 day) “shot clocks” for small wireless facilities (as defined in the September Order); interpreted existing “shot clock” regulations to require local public agencies to issue all relevant permits and authorizations within this period; established a national standard for an effective prohibition relate d to small wireless facilities that replaced the existing “significant gap” test adopted by the United States Court of Appeals for the Ninth Circuit; and provided that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition (in other words, the failure to act on the application before the shot clock expires is treated like the City illegally prevented the company from providing wireless services). The September Order went into effect in part on January 1 4, 2019, and in part on April 15, 2019. On August 12, 2020, a three-judge panel of the Ninth Circuit Court of Appeals upheld the August Order and significant portions of the September Order, including the shorter shot clocks and remedies for failing to mee t a shot clock. On October 22, 2020, 8 Packet Pg. 89 7334 Page 4 the Ninth Circuit Court of Appeals denied a petition for an banc review of the above - referenced panel’s decision. In addition to the shot clocks for small wireless facilities, back in 2014, the FCC adopted a 60-day shot clock for “eligible facilities requests,” which are applications for modifications to existing wireless facilities which must be approved by local authorities according to federal law. On June 9 and October 27, 2020, the FCC adopted clarifications and changes to its rules to facilitate deployments. A failure to act within this shot clock can result in the applicant having a deemed approved or other enhanced remedies under federal law. C. Limits on Small Cell Design Standards: They must be reasonable an d published in advance The FCC’s September 2018 Order placed limits on aesthetic regulations for small wireless facilities, including undergrounding. The FCC declared that such requirements will not be preempted if they are reasonable, no more burdensome than those applied to other types of infrastructure deployments, and objective and published in advance so that applicants know what aesthetic requirements they must satisfy to be able to deploy facilities. These FCC rules for aesthetic regulations went into effect on April 15, 2019. However, in the August 12, 2020, Ninth Circuit Court of Appeals decision discussed above, the Court invalidated certain portions of the FCC’s rules for aesthetic standards. Now, a city’s aesthetic regulations for small wireless facilities will not be preempted if they are (1) reasonable (technically feasible); and (2) published in advance. D. Limits on Fees The September 2018 Order also declared that all fees (including permit fees and rental fees for use of government-owned infrastructure, such as streetlights) must be based on a reasonable approximation of the local government’s costs, such that only objectively reasonable costs are factored into those fees, and fees are no higher than the fees charged to similarly situated competitors in similar situations. The FCC established presumptively reasonable fee levels (called “safe harbors”) that include: non -recurring fees equal to $500 for a single application for up to five collocations, plus $100 for each additional collocation, and $1,000 for each new pole. Recurring fees for attachment to municipal infrastructure are presumed reasonable if equal to $270 per facility/per year, including the fee for attachment to municipal infrastructure and use of ROW. Staff will at a future meeting bring to the Mayor and City Council a resolution to adopt the related fees. Proposed State Legislation The California legislature is currently considering adoption of two bills that would further 8 Packet Pg. 90 7334 Page 5 limit local authority over wireless siting, if adopted and signed into law. These are: SB 556 which would mandate use of City streetlight and traffic poles for wireless facilities at cost or a $270 per year rental rate and impose short timelines for reviewing requests for use of the poles; and AB 537 would expand Government Code section 65964.1 to provide a deemed granted remedy if the city fails to make a decision on the application within the FCC shot clock period for all types of wireless applications including small cells. Summary of the Proposed Ordinance Requiring a ROW permit subject to meeting design standards. The proposed ordinance would amend SBMC Title 12 (Streets, Sidewalks and Public Places) to add Chapter 12.05, “Rights-of-Way Permits - Wireless Facilities,” which establishes the requirement to obtain a wireless encroachment permit for all wireless facility installations in the public ROW, and provides, among other regulations, permit and review procedures as well as operation and maintenance standards. SBMC Chapter 12.03 already addresses permitting for encroachments in the public ROW. Ability to amend more efficiently. To maintain flexibility and ensure that the City is obtaining the most useful information available, the ordinance authorizes the City to publish application requirements on a separate form that can be amended administratively, as needed. The information collected can include demonstrating compliance with FCC standards and fire safety standards. Transparency and notice. The proposed ordinance also contains public notice requirements to maintain transparency and provide residents and property owners with an opportunity to submit comments. An applicant must submit proof that notice has been mailed to owners of all property owners, and the resident manager for applicable multi-family dwelling units, within 500 feet of the proposed wireless facility. Compliance with shot clocks. Due to timing concerns from the FCC shot clocks, the ordinance establishes an administrative process for taking action on the applications. The Director of Public Works will be the reviewing authority, and the findings required for approval are tailored to wireless facilities. Generally, the findings address compliance with the City’s wireless facility regulations and design standards, compliance with applicable state and federal laws, and protecting the public health, safety, and welfare. Appeals. For appeals, any person adversely affected by the Director’s decision may submit a request, within a certain time period, to the Hearing Officer, as the t erm is defined in SBMC Section 9.94.010. The Hearing Officer’s written decision will be the final decision of the City and may be subject to further appeal to a court of competent jurisdiction. Having a Hearing Officer hear appeals allows for an expedited process to handle appeals within the applicable FCC shot clock periods which as noted above are quite short. The alternative to having appeals go to a Hearing Officer would be to have 8 Packet Pg. 91 7334 Page 6 appeals be heard by the City Council or Planning Commission, which would need to be available on short notice for special meetings in order to meet FCC shot clock deadlines. Environmental The proposed ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State CEQA Guidelines section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt CEQA because the Mayor and City Council’s adoption of the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will conduct preliminary review under CEQA at that time. Moreover, in the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines section 15304 (minor alterations to land). Accordingly, City staff recommends that the Mayor and City Council, therefore, direct a Notice of Exemption be filed with the County Clerk of the County of San Bernardino within five working days of the passage and adoption of the Ordinance. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1d: Financial Stability. Approval of this Ordinance will establish guidelines for public improvements being constructed that will improve wireless communication services to residents and business owners through the City. Fiscal Impact City staff time required for processing permit applications for wireless facilities in the public right-of-way (ROW) and related appeals will be covered by permit fees. Staff will, at a future meeting, bring to the Mayor and City Council a resolution to adopt the related fees to offset any fiscal impact associated with the recommended action. Conclusion Read by title only, waive further reading, and introduce Ordinance No. MC -1560, an Ordinance of the Mayor and City Council of the City of San Bernardino, California to amend the San Bernardino Municipal Code to Add to Title 12 Chapter 12.05, “Right -of- 8 Packet Pg. 92 7334 Page 7 Way Permits - Wireless Facilities” and finding the same exempt from California Environmental Quality Act. Attachments Attachment 1 Ordinance No. 1560 Attachment 2 Public Hearing Notice Ward: All Synopsis of Previous Council Actions: None 8 Packet Pg. 93 Ordinance No. MC-XXXX ORDINANCE NO. MC-_____ AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO TO AMEND THE CITY OF SAN BERNARDINO MUNICIPAL CODE TO ADD CHAPTER 12.05, “RIGHT-OF-WAY PERMITS – WIRELESS FACILITIES” WHEREAS, pursuant to the California State Constitution, the City of San Bernardino (“City”) has the authority to adopt such ordinances as it deems necessary and appropriate to assure good government in the City, to protect and preserve the City’s rights, property and privileges, and to preserve peace, safety and good order; and WHEREAS, Chapter 12.03 of the City Municipal Code preserves the City’s authority to regulate the public rights of way; and WHEREAS, the City deems it to be necessary and appropriate to provide for certain standards and regulations relating to the location, placement, design, construction and maintenance of telecommunications towers, antennas and other structures within the City’s public rights-of-way, and providing for the enforcement of said standards and regulations, consistent with federal and state law limitations on that authority. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein. SECTION 2. Amendment to Section 19.20.030. Section 19.20.030.3.A. of Chapter 19.20 of Title 19 of the San Bernardino Municipal Code shall be amended to add the following language to immediately precede Section 19.20.030.3.B: “ The following installations in all areas of the City are exempt from the provisions of this section: 1. Wireless facilities in public rights-of-way, which are defined in and regulated by Chapter 12.05.” SECTION 3. Addition of Chapter 12.05. Title 12 of the San Bernardino Municipal Code shall be amended to add a new Chapter 12.05, entitled “Wireless Facilities in Public Rights-Of-Way” as follows: “ CHAPTER 12.05 RIGHT-OF-WAY PERMITS – WIRELESS FACILITIES Sections: 8.a Packet Pg. 94 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Ordinance No. MC-XXXX 2 12.05.010 Purpose 12.05.020 Definitions 12.05.030 Scope 12.05.040 Administration 12.05.050 General Standards for Wireless Facilities in the Public Rights-of-Way 12.05.060 Applications 12.05.070 Findings; Decisions; Consultants 12.05.080 Conditions of Approval 12.05.090 Breach; Termination of Permit 12.05.100 Infrastructure Controlled By City 12.05.110 Nondiscrimination 12.05.010. Purpose. (a) The purpose of this Chapter is to establish a process for managing, and uniform standards for acting upon, requests for the placement of wireless facilities within the public rights- of-way of the City consistent with the City’s obligation to promote the public health, safety, and welfare, to manage the public rights-of-way, and to ensure that the public is not incommoded by the use of the public rights-of-way for the placement of wireless facilities. The City recognizes the importance of wireless facilities to provide high- quality communications service to the residents and businesses within the City, and the City also recognizes its obligation to comply with applicable Federal and State law regarding the placement of personal wireless services facilities in its public rights-of-way. This ordinance shall be interpreted consistent with those provisions. 12.05.020. Definitions. The terms used in this Chapter shall have the following meanings: Application: A formal request, including all required and requested documentation and information, submitted by an applicant to the City for a wireless encroachment permit. Applicant: A person filing an application for placement or modification of a wireless facility in the public right-of-way. Base Station: shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(1), or any successor provision. Eligible Facilities Request: shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(3), or any successor provision. FCC: The Federal Communications Commission or its lawful successor. Municipal Infrastructure: City-owned or controlled property structures, objects, and equipment in the ROW, including, but not limited to, street lights, traffic control structures, banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the ROW. 8.a Packet Pg. 95 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Ordinance No. MC-XXXX 3 Permittee: any person or entity granted a wireless encroachment permit pursuant to this Chapter. Personal Wireless Services: shall have the same meaning as set forth in 47 U.S.C. Section 332(c)(7)(C)(i). Personal Wireless Services Facility: means a wireless facility used for the provision of personal wireless services. Public Right-of-Way, or ROW: shall have the same meaning as “Public Street” in Section 12.03.020(O), but shall also include any portion of any road or public way which the City has the responsibility to maintain or manage. Small Cell Facility: shall have the same meaning as “small wireless facility” in 47 C.F.R. 1.6002(l), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below): (1) The facility— (i) is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d), or (ii) is mounted on a structure no more than 10 percent taller than other adjacent structures, or (iii) does not extend an existing structure on which it are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume; (3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; (4) The facility does not require antenna structure registration under 47 C.F.R. Part 17; (5) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and (6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b). Support Structure: Any structure capable of supporting a base station. Tower: Any structure built for the sole or primary purpose of supporting any FCC- licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles. Underground areas: Those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right of way; or where the wires associated with 8.a Packet Pg. 96 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Ordinance No. MC-XXXX 4 the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts. Utility Pole: A structure in the ROW designed to support electric, telephone and similar utility lines. A tower is not a utility pole. Wireless Encroachment Permit: A permit issued pursuant to this Chapter authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location within the ROW; and the modification of any existing support structure to which the wireless facility is proposed to be attached. Wireless Facility, or Facility: The transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s). Wireless Infrastructure Provider: A person that owns, controls, operates or manages a wireless facility or portion thereof within the ROW. Wireless Regulations: Those regulations adopted pursuant to Section 5 and implementing the provisions of this Chapter. Wireless Service Provider: An entity that provides personal wireless services to end users. 12.05.030. Scope. (a) In general. There shall be a type of encroachment permit entitled a “wireless encroachment permit,” which shall be subject to all of the same requirements as an encroachment permit would under Chapter 12.03 in addition to all of the requirements of this Chapter. Unless exempted, every person who desires to place a wireless facility in the public rights-of-way or modify an existing wireless facility in the public rights-of-way must obtain a wireless encroachment permit authorizing the placement or modification in accordance with this Chapter. Except for small cell facilities, facilities qualifying as eligible facilities requests, or any other type of facility expressly allowed in the public right-of-way by state or federal law, no other wireless facilities shall be permitted pursuant to this Chapter. (b) Exemptions. This Chapter does not apply to: (1) The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes. (2) Installation of a "cell on wheels," “cell on truck” or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities. (c) Other applicable requirements. In addition to the wireless encroachment permit required herein, the placement of a wireless facility in the ROW requires the persons who 8.a Packet Pg. 97 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Ordinance No. MC-XXXX 5 will own or control those facilities to obtain all permits required by applicable law, and to comply with applicable law, including, but not limited to, applicable law governing radio frequency (RF) emissions. (d) Pre-existing Facilities in the ROW. Any wireless facility already existing in the ROW as of the date of this Chapter’s adoption shall remain subject to the standards and conditions of this Code in effect prior to this Chapter, unless and until a renewal of such facility’s then- existing permit is granted, at which time the provisions of this Chapter shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such pre-existing facilities shall be conducted pursuant to this Chapter, rather than the portion(s) of this Code that it was previously reviewed under. (e) Public use. Except as otherwise provided by California law, any use of the public right- of-way authorized pursuant to this Chapter will be subordinate to the City’s use and use by the public. 12.05.040. Administration. (a) Reviewing Authority. The Director of Public Works (“the Director”) or its designee is responsible for administering this Chapter. As part of the administration of this Chapter, the Director may: (1) Interpret the provisions of this Chapter; (2) Develop and implement standards governing the placement and modification of wireless facilities consistent with the requirements of this Chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities; (3) Develop and implement acceptable designs and development standards for wireless facilities in the public rights-of-way, taking into account the zoning districts bounding the public rights-of-way; (4) Develop forms and procedures for submission of applications for placement or modification of wireless facilities, and proposed changes to any support structure consistent with this Chapter; (5) Determine the amount of and collect, as a condition of the completeness of any application, any fee established by this Chapter; (6) Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations; (7) Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued; (8) Require, as part of, and as a condition of completeness of any application, notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure; (9) Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and (10) Take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application. 8.a Packet Pg. 98 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Ordinance No. MC-XXXX 6 (b) Appeal. (1) Any person adversely affected by the decision of the Director pursuant to this Chapter may appeal the Director’s decision to the Hearing Officer, as the term is defined in Section 9.94.010, which may decide the issues de novo, and whose written decision will be the final decision of the City. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the personal wireless services facility. (2) Where the Director grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the de cision shall be automatically appealed to the Hearing Officer, consistent with provisions as provided in Chapter 9.94. All appeals must be filed within two (2) business days of the written decision of the Director, unless the Director extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law. (3) Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law. 12.05.050. General Standards for Wireless Facilities in the Public Rights-of-Way. (a) Generally. Wireless facilities in the ROW shall meet the minimum requirements set forth in this ordinance and the wireless regulations, in addition to the requirements of any other applicable law. (b) Regulations. The wireless regulations and decisions on applications for placement of wireless facilities in the ROW shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined that applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this Chapter may be waived, but only to the minimum extent required to avoid the prohibition or violation. (c) Minimum Standards. Wireless facilities shall be installed and modified in a manner that minimizes risks to public safety, avoids placement of aboveground facilities in underground areas, avoids installation of new support structures in the public rights-of-way, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the rights of way; and ensures that the City bears no risk or liability as a result of the installations, and that such use does not inconvenience the public, interfere with the primary uses of the rights-of-way, or hinder the ability of the City or other government agencies to improve, modify, relocate, abandon, or vacate the public rights of way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the rights of way. (d) Design and Location Standards. All applicants shall design and locate the wireless facilities in accordance with the Design and Development Standards for wireless facilities in the public right-of-way set forth and adopted by resolution of the Mayor and City Council and, from time to time, amended and updated by the Director. 12.05.060. Applications. 8.a Packet Pg. 99 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Ordinance No. MC-XXXX 7 (a) Submission. Unless the wireless regulations provide otherwise, applicant shall submit a paper copy and an electronic copy of any application, amendments, or supplements to an application, or responses to requests for information regarding an application to: Director, at 201 North E Street, Second Floor, San Bernardino, California 92401. (b) Pre-application meeting. Prior to filing an application for a wireless encroachment permit, an applicant is encouraged to schedule a pre-application meeting with the Director to discuss the proposed facility, the requirements of this Chapter, and any potential impacts of the proposed facility. (c) Content. An applicant shall submit an application on the form approved by the Director, which may be updated from time-to-time, but in any event shall require the submission of all required fee(s), City business license(s), documents, information, and any other materials necessary to allow the Director to make required findings and ensure that the proposed facility will comply with applicable federal and state law, this Code, and will not endanger the public health, safety, or welfare. If no form has been approved, applications must contain all information necessary to show that applicant is entitled to the wireless encroachment permit requested, and must specify whether the applicant believes state or federal law requires action on the application within a specified time period. (1) Any information required pursuant to the wireless regulations; (2) The name of the applicant, its telephone number and contact information, and if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the personal wireless services facility; (3) A complete description of the proposed wireless facility and the work that will be required to install or modify it, including, but not limited to, detail regarding proposed excavations, if any; detailed site plans showing the location of the wireless facility, and specifications for each element of the wireless facility, clearly describing the site and all structures and facilities at the site before and after installation or modification; and describing the distance to the nearest residential dwelling unit and any historical structure within 500 feet of the facility. Before and after 360 degree photosimulations must be provided. (4) Documentation sufficient to show that the proposed facility will comply with generally-applicable health and safety provisions of this Code and the FCC’s radio frequency emissions standards. (5) A copy of the lease or other agreement between the applicant and the owner of the property to which the proposed facility will be attached. (6) If the application is for a small cell facility, the application shall state as such and shall explain why the proposed facility meets the definition of small cell facility in this Chapter. (7) If the application is for an eligible facilities request, the application shall state as such and must contain information sufficient to show that the application qualifies as an eligible facilities request, which information must show that there is an existing wireless facility that was approved by the City. Before and after 360 degree photosimulations must be provided, as well as documentation sufficient to 8.a Packet Pg. 100 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Ordinance No. MC-XXXX 8 show that the proposed facility will comply with generally-applicable health and safety provisions of this Code and the FCC’s radio frequency emissions standards. (8) Proof that notice has been mailed to owners of all property owners, and the resident manager for any multi-family dwelling unit that includes ten (10) or more units, within 500 feet of the proposed personal wireless services facility. (9) If applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim. Applicants are not permitted to supplement this showing if doing so would prevent City from complying with any deadline for action on an application. (10) The electronic version of an application must be in a standard format that can be easily uploaded on a web page for review by the public. (11) Any required fees. (d) Fees. Application fee(s) shall be required to be submitted with any application for a wireless encroachment permit. The Mayor and City Council are hereby authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applican t for a wireless encroachment permit unless paid as a refundable deposit. (e) Waivers. Requests for waivers from any requirement of this section shall be made in writing to the Director or his or her designee. The Director may grant or deny a request for a waiver pursuant to this subsection. The Director may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the City will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this subsection shall be (1) granted only on a case-by-case basis, and (2) narrowly-tailored to minimize deviation from the requirements of this Code. (f) Incompleteness. For personal wireless facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with state, local, and federal law. If such an application is incomplete, the Director may notify the applicant in writing, and specifying the material omitted from the application. 12.05.070. Findings; Decisions; Consultants. (a) Findings Required for Approval. (1) Except for eligible facilities requests, the Director or Hearing Officer, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following: (i) The facility is not detrimental to the public health, safety, and welfare; (ii) The facility complies with this Chapter and all applicable design and development standards; and (iii) The facility meets applicable requirements and standards of state and federal law. (2) For eligible facilities requests, the Director or Hearing Officer, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following: 8.a Packet Pg. 101 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Ordinance No. MC-XXXX 9 (i) That the application qualifies as an eligible facilities request; and (ii) That the proposed facility will comply with all generally-applicable laws. (b) Decisions. Decisions on an application by the Director or Hearing Officer shall be in writing and include the reasons for the decision. (c) Independent Consultants. The Director or Hearing Officer, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise in telecommunications in connection with the review of any application under this Chapter. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards. 12.05.080. Conditions of Approval. (a) Generally. In addition to any supplemental conditions imposed by the Director or Hearing Officer, as the case may be, all permits granted pursuant to this Chapter shall be subject to the following conditions, unless modified by the approving authority: (1) Code Compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules, including, without limitation, those applying to use of public rights-of-way. (2) Permit Duration. A wireless encroachment permit shall be valid for a period of ten (10) years, unless pursuant to another provision of this Code or these conditions, it expires sooner or is terminated. At the end of ten (10) years from the date of issuance, such Permit shall automatically expire, unless an extension or renewal has been granted. A person holding a wireless encroachment permit must either (1) remove the facility within thirty (30) days following the permit’s expiration (provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City); or (2) at least ninety (90) days prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility must remain in place until it is acted upon by the City and all appeals from the City’s decision exhausted. (3) Timing of Installation. The installation and construction authorized by a wireless encroachment permit shall begin within six (6) months after its approval, or it will expire without further action by the City. The installation and construction authorized by a wireless encroachment permit shall conclude, including any necessary post-installation repairs and/or restoration to the ROW, within thirty (30) days following the day construction commenced. (4) Commencement of Operations. The operation of the approved facilit y shall commence no later than one (1) month after the completion of installation, or the wireless encroachment permit will expire without further action by the City. (5) As-Built Drawings. The Permittee shall submit an as-built drawing within ninety (90) days after installation of the facility. As-builts shall be in an electronic format acceptable to the City. 8.a Packet Pg. 102 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Ordinance No. MC-XXXX 10 (6) Inspections; Emergencies. The City or its designee may enter onto the facility area to inspect the facility upon 48 hours prior notice to the permittee. The permittee shall cooperate with all inspections and may be present for any inspection of its facility by the City. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. The city shall make an effort to contact the permittee prior to disabling or removing any facility elements, but in any case shall notify permittee within 24 hours of doing so. (7) Contact. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a 24-hour emergency phone number, street mailing address and email address for at least one natural person. (8) Insurance. Permittee shall obtain and maintain throughout the term of the permit commercial general liability insurance with a limit of $2,000,000 per occurrence for bodily injury and property damage and $4,000,000 general aggregate including premises operations, contractual liability, personal injury, and products completed operations. The relevant policy(ies) shall name the City, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insureds. Permittee shall use its best efforts to provide [thirty (30) days’] prior notice to the City of to the cancellation or material modification of any applicable insurance policy. (9) Indemnities. The permittee and, if applicable, the owner of the property upon which the wireless facility is installed shall defend, indemnify and hold harmless the City, its agents, officers, officials, and employees (i) from any and all damages, liabilities, injuries, losses, costs, and expenses, and from any and all claims, demands, law suits, writs of mandamus, and other actions or proceedings brought against the city or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the city’s approval of the permit, and (ii) from any and all damages, liabilities, injuries, losses, costs, and expenses, and any and all claims, demands, law suits, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the property owner or any of each one’s agents, employees, licensees, contractors, subcontractors, or independent contractors. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and, if applicable, the property owner and shall reasonably cooperate in the defense. The City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. (10) Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility. 8.a Packet Pg. 103 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Ordinance No. MC-XXXX 11 (11) Noninterference. Permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, City improvement, or property. No structure, improvement, or property owned by the City shall be moved to accommodate a permitted activity or encroachment, unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the Permittee pays all costs and expenses related to the relocation of the City's structure, improvement, or property. Prior to commencement of any work pursuant to a wireless encroachment permit, the Permittee shall provide the City with documentation establishing to the city's satisfaction that the Permittee has the legal right to use or interfere with any other structure, improvement, or property within the public right-of-way or city utility easement to be affected by Permittee's facilities. (12) No Right, Title, or Interest. The permission granted by a wireless encroachment permit shall not in any event constitute an easement on or an encumbrance against the public right-of-way. No right, title, or interest (including franchise interest) in the public right-of-way, or any part thereof, shall vest or accrue in Permittee by reason of a wireless encroachment permit or the issuance of any other permit or exercise of any privilege given thereby. (13) No Possessory Interest. No possessory interest is created by a wireless encroachment permit. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, Permittee acknowledges that City has given to Permittee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a wireless encroachment permit may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interact taxes or other taxes, fees, and assessments levied against Permittee’s right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this permit. (14) General Maintenance. The site and the facility, including, but not limited to, all landscaping, fencing, and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans. All graffiti on facilities must be removed at the sole expense of the permittee within forty eight (48) hours after notification from the City. (15) RF Exposure Compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the facility, permittee or its representative must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit. 8.a Packet Pg. 104 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Ordinance No. MC-XXXX 12 (16) Testing. Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days. (17) Modifications. No changes shall be made to the approved plans without review and approval in accordance with this Chapter. (18) Agreement with City. If not already completed, permittee shall enter into the appropriate agreement with the City, as determined by the City, prior to constructing, attaching, or operating a facility on Municipal Infrastructure. This permit is not a substitute for such agreement. (19) Conflicts with Improvements. For all facilities located within the ROW, the permittee shall remove or relocate, at its expense and without expense to the city, any or all of its facilities when such removal or relocation is deemed necessary by the city by reason of any change of grade, alignment, or width of any right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, right-of-way improvements, or for any other construction, repair, or improvement to the right-of-way. (20) Abandonment. If a facility is not operated for a continuous period of six (6) months, the wireless encroachment permit and any other permit or approval therefor shall be deemed abandoned and terminated automatically, unless before the end of the six- month period (i) the Director has determined that the facility has resumed operations, or (ii) the City has received an application to transfer the permit to another service provider. No later than ninety (90) days from the date the facility is determined to have ceased operation or the permittee has notified the Director of its intent to vacate the site, the permittee shall remove all equipment and improvements associated with the use and shall restore the site to its original condition to the satisfaction of the Director. The permittee shall provide written verification of the removal of the facilities within thirty (30) days of the date the removal is completed. If the facility is not removed within thirty (30) days after the permit has been discontinued pursuant to this subsection, the site shall be deemed to be a nuisance, and the City may cause the facility to be removed at permittee’s expense or by calling any bond or other financial assurance to pay for removal. If there are two (2) or more users of a single facility or support structure, then this provision shall apply to the specific elements or parts thereof that were abandoned, but will not be effective for the entirety thereof until all users cease use thereof. (21) Encourage Co-location. Where the facility site is capable of accommodating a co - located facility upon the same site in a manner consistent with the permit conditions for the existing facility, the owner and operator of the existing facility shall allow co-location of third party facilities, provided the parties can mutually agree upon reasonable terms and conditions. (22) Records. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition or fails to produce true and complete copies of such records within a reasonable 8.a Packet Pg. 105 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Ordinance No. MC-XXXX 13 time after a written request from the city, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee. (23) Attorney’s Fees. In the event the City determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the Permittee shall be required to pay any and all costs of such legal action, including reasonable attorney’s fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise agree with Permittee to waive said fees or any part thereof. The foregoing shall not apply if the Permittee prevails in the enforcement proceeding. (b) Eligible Facilities Requests. In addition to the conditions provided in Section 9(a) of this Chapter and any supplemental conditions imposed by the Director or Hearing Officer as the case may be, all permits for an eligible facility requests granted pursuant to this Chapter shall be subject to the following additional conditions, unless modified by the approving authority: (1) Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be su bject to the terms and conditions of the underlying permit. (2) No permit term extension. The city’s grant or grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the city’s grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower, utility pole, or base station. (3) No waiver of standing. The city’s grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act. (c) Small Cell Facilities Requests. In addition to the conditions provided in Section 9(a) of this Chapter and any supplemental conditions imposed by the Director or Hearing Officer, as the case may be, all permits for a small cell facility granted pursuant to this Chapter shall be subject to the following condition, unless modified by the approving authority: (1) No waiver of standing. The city’s grant of a permit for a small cell facility request does not waive, and shall not be construed to waive, any standing by the city to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules. 12.05.090. Breach; Termination of Permit. (a) For breach. A wireless encroachment permit may be revoked for failure to comply with the conditions of the permit or applicable law. Upon revocation, the wireless facility must be removed; provided that removal of a support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but 8.a Packet Pg. 106 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Ordinance No. MC-XXXX 14 must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility. (b) For installation without a permit. An wireless facility installed without a wireless encroachment permit (except for those exempted by this Chapter) must be removed; provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility. (c) Municipal Infraction. Any violation of this Chapter will be subject to the same penalties as a violation of Chapter 1.12. 12.05.100. Infrastructure Controlled By City. The City, as a matter of policy, will negotiate agreements for use of Municipal Infrastructure. The placement of wireless facilities on those structures shall be subject to the agreement. The agreement shall specify the compensation to the City for use of the structures. The person seeking the agreement shall additionally reimburse the City for all costs the City incurs in connection with its review of, and action upon the person’s request for, an agreement. 12.05.110. Nondiscrimination. In establishing the rights, obligations and conditions set forth in this Chapter, it is the intent of the City to treat each applicant or public right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each particular applicant or request for use of the public rights-of-way.” SECTION 4. Implementation. The City Manager, or his or her designee, is directed to execute all documents and to perform all other necessary City acts to implement effect this Ordinance. SECTION 5. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State CEQA Guidelines section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt CEQA because the Mayor and City Council’s adoption of the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance wi th this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will conduct preliminary review under CEQA at 8.a Packet Pg. 107 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Ordinance No. MC-XXXX 15 that time. Moreover, in the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines section 15304 (minor alterations to land). The Mayor and City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of San Bernardino within five working days of the passage and adoption of the Ordinance. SECTION 6. Severability. If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining section, subsection, provision, sentence, clause, phrase or word included within this Ordinance, it being the intent of the City that the remainder of the Ordinance shall be and shall remain in full force and effect, valid, and enforceable. SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 8. Notice of Adoption. The 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. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this __ day of ___________, 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney 8.a Packet Pg. 108 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Ordinance No. MC-XXXX 16 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )ss. CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-____, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the __ day of ___________, 2021. Ordinance No. MC- ____ was approved, passed and adopted at a regular meeting held the __ day of __________, 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this __ day of __________ 2021. Genoveva Rocha, CMC, City Clerk 8.a Packet Pg. 109 Attachment: Attachment 1- Ordinance No. 1560 (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) CALIFORNIA NEWSPAPER SERVICE BUREAU SBS# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the SAN BERNARDINO COUNTY SUN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com Diane Grant SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA 92401 RFPSB REQUEST FOR PROPOSALS-SB Request for Publication: Right of Way Permits - Wireless Facilites 05/20/2021 , 05/27/2021 Publication Total $871.20 $871.20 Notice Type: Ad Description COPY OF NOTICE 3472947 !A000005722932! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE AND S UM MARY OF ORDINANCE NO.1560 AN OR DINA NCE OF T HE MAYOR AND CIT Y COUNCIL OF THE CITY OF SAN BERNA RDINO TO AMEND T HE CITY OF SAN BERNARDINO MU NICIPAL CODE TO A DD CHAPT ER 12.05,"RIGHT-OF-WAY PERMIT S ---WIREL ESS FACILITIES" Notice is hereby given that at 5:30 p.m.on June 2,2021,via web- conference,the City Council of the City of San Bernardino ("City")will consider the adoption of an Ordinance,which if adopted,will add Chapter 12.05 to Title 12 of the San Bernardino Municipal Code ("Municipal Code"),to establish a process for managing,as well as uniform standards for acting upon, requests for placement of wireless facilities within the public rights-of- way of the City. If adopted,the Ordinance would add Chapter 12.05 to Title 12 and make the following changes to the Municipal Code: 1.Create an encroachment permit entitled "wireless encroachment permit,"which shall be subject to the all of the same requirements as an encroachment permit would under Chapter 12.03 and provide for additional requirements. 2.Any wireless facility already existing in the right-of-way shall remain subject to the standards and conditions of the City in effect prior to the proposed Chapter,unless and until a renewal of such facility's then-existing permit is granted,at which time the provisions of Chapter 12.05 will apply. 3.Require the Director of Public Works ("Director")to administer Chapter 12.05 and provide for an appeal process to a Hearing Officer, consistent with Chapter 9.94. 4.Provide general standards for Wireless Facilities in the public right-of-way,including:regulations, minimum standards,and design and location standards. 5.Allow for the submission of either paper or electronic applications for a wireless encroachment permit,as well as fees,documents, information,and other materials necessary to allow the Director to make the required findings and 8.b Packet Pg. 110 Attachment: Attachment 2- Notice of Public Hearing (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) ensure the proposed facility will comply with applicable federal and state law,the City Code,and will not endanger the public health,safety or welfare. 6.Provide for the conditions of approval that all permits granted pursuant to Chapter 12.05 shall be subject to including,but not limited to:code compliance,permit duration,timing of installation, commencement of operations,as- built drawings,inspections,contact information for parties responsible for the facility,insurance, indemnities,efforts required to avoid adverse impacts on adjacent proprieties,general maintenance obligations,compliance with RF exposure standards,allowable times for testing equipment,and abandonment. 7.Provide for a waiver request from any requirement in Chapter 12.05, and such waivers will be granted only on a case-by-case basis and narrowly tailored to minimize deviation from the requirements of the Municipal Code. 8.Provide for the revocation of a wireless encroachment permit for failure to comply with the conditions of the permit or applicable law. The Ordinance will also make findings that the Ordinance is not subject to environmental review under the California Environmental Quality Act. The above summary constitutes the major highlights of the proposed Ordinance.A reading of the entire Ordinance may be necessary to obtain a full understanding of the Ordinance.A copy of the full text of the Ordinance is available at the City Clerk's office located at 201 N. "E"Street,Bldg A,San Bernardino, CA,92401 or on the City's website at http://www.ci.san- bernardino.ca.us/. Persons interested may appear before the City Council at the above date,place and time.If you challenge the matter in court,you may be limited to raising only those issues you or someone else raised at the public meeting described in this notice or in written correspondence delivered to the City Clerk at,or prior to,the public meeting. The City of San Bernardino endeavors to be in total compliance with the Americans with Disabilities Act.If you require assistance or auxiliary aids in order to participate at City Council meetings,please contact the City Clerk's Office as far in advance of the meeting as possible. Genoveva Rocha,CMC City Clerk 5/20,5/27/21 SBS-3472947# 8.b Packet Pg. 111 Attachment: Attachment 2- Notice of Public Hearing (7334 : Ordinance No. 1560 - Right-Of-Way Permits - Wireless Facilities (All Wards)) Page 1 Public Hearing City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to FY2020-2021 Action Plan Recommendation It is recommended that the Mayor and the City Council for the City of San Bernardino, California: 1. Conduct a public hearing on the review of the draft Fiscal Year 2021/22 Annual Action Plan (AAP) associated with the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Programs; and 2. Adopt the draft Fiscal Year 2021/22 AAP as an application for funding under CDBG, HOME, and ESG Programs; and 3. Authorize the City Manager or designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the Draft HUD Fiscal Year 2021/22 AAP and certification to HUD; and 4. Direct the Finance Director to amend the budget for ESG unspent dollars; and 5. Adopt a Substantial Amendment to the FY 2020/21 Action Plan; and 6. Direct the Finance Director to amend the Fiscal Year 2020/21 Bud get pursuant to the Substantial Amendment to the Fiscal Year 2020/21 Action Plan; and 7. Direct the Finance Director to establish new funds and associated accounts for the Community Development Block Grant (CDBG-CV3) pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; and 8. Authorize the City Manager or designee to take any further actions and execute any further documents and certifications as may be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2020/21 Action Plan. 9 Packet Pg. 112 7344 Page 2 Background The City of San Bernardino (City) must submit the Fiscal Year 2021/22 Annual Action Plan (AAP) to the United States Department of Housing and Urban Development (HUD) by June 11, 2021. The AAP describes how the Cit y intends to invest federal funds toward meeting the City’s community development, affordable housing and homeless prevention needs. The Annual Action Plan for FY 2021/22 includes three HUD funded programs including: CDBG: The primary objective of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities, principally for persons of low and moderate income. Jurisdictions receiving CDBG funds must use the funds to meet one of the three national objectives: 1. To benefit low and moderate-income persons; 2. To aid in the prevention or elimination of slums and blight; or 3. To meet community development needs having a particular urgency. HOME: The objectives of the program are: 1. To strengthen the ability of state and local governments to design and implement strategies for achieving adequate supplies of decent, affordable housing; 2. To provide assistance to participating jurisdictions for development of affordable housing; and 3. To strengthen partnerships among all levels of government and the private sector. ESG: The program provides funding for the: 1. Engagement of individuals and families living on the streets; 2. Improvement of homeless shelters and operation of shelters; or 3. Rapid re-housing of homeless persons and homeless prevention. The Action Plan serves as the City’s grant application for the grant programs. The City of San Bernardino’s draft Fiscal Year 2021/22 Annual Action Plan recommends project s that best meet identified community needs eligible under CDBG, HOME and ESG programs. At the Mayor and City Council meeting on April 21, 2021, staff presented a draft of the AAP for review. There were no public comments received. Discussion The draft AAP covers the second year segment of the HUD approved five year Consolidated Plan for the City of San Bernardino. The City’s FY 2021 -2022 allocation was announced by HUD on February 25, 2021. On May 13, 2021, the City was notified of an increase in its CDBG allocation in the amount of $3,307,949, which is approximately a 1.5% increase from its original funding allocation. The City is receiving $1,395,707 in HOME funds and $290,457 in ESG funds. 9 Packet Pg. 113 7344 Page 3 A summary below identifies the recommended activities and fu nding levels for the FY 2021-2022 AAP. RECOMMENDED ACTIVITIES BY CATEGORY Category Program Category Totals CDBG HOME ESG 2021 Grant Fund Allocation $ 3,307,949 $ 1,395,707 $ 290,457 $ 4,994,113 Reprogrammed Funds $ 800,000 $ 270,000 $ 54,446 $ 324,446 Total - 2021 Available Grant Fund $ 3,307,949 $ 1,665,707 $ 344,903 $ 5,318,559 Administration (maximum available) $ 661,590 $ 139,571 $ 21,784 $ 822,945 Section 108 Repayment $ 772,323 $ 772,323 Micro-Enterprise $ 35,000 $ 35,000 Fair Housing1 $ 73,000 $ 73,000 Small Business Micro Loan Program $ 230,979 $ 230,979 Arrowhead Grove - Phase 4 $ 385,870 $ 385,870 Infill Housing $ 25,000 $ 25,000 Seccombe Park Housing $ 431,266 $ 431,266 Eastpointe Community - Homeownership $ 214,000 $ 214,000 Affordable Housing Project $ 470,000 $ 470,000 Public Facilities $ 1,535,057 $ 1,535,057 Homeless Services $ 323,119 $ 323,119 Program Totals $ 3,307,949 $ 1,665,707 $ 344,903 $ 5,318,559 1Required for all jurisdictions receiving CDBG funds. In summary, the public facility project being recommended consists of a street improvement project at multiple CDBG eligible locations in the City to be undertaken by the City’s Public Works Department. These streets have been selected due to the Infill Housing projects that will take place in the near future. The improvement of the streets and new housing will have a positive impact in the neighborhoods. The streets for improvement are as follows: 532 Ramona Avenue - Ward 1 2129 Wall Street - Ward 2 938 North “G” Street - Ward 2 140 W. 13th Street - Ward 2 Grape Street (Walnut to Mill Street) - Ward 3 Davidson Avenue (Baseline to 14th Street) - Ward 6 2060 E. 18th Street - Ward 7 Three of the activities, Administration, Fair Housing and Section 108 repayment must be funded annually. The micro-enterprise program will continue to be funded as it provides no -cost services to small business owners in the City of San Bernardino, to assist with successful business launches and expansion of existing businesses. The City will fund a Small Business Micro Loan Program. The City will leverage its funds with those of the institution making additional dollars available to small businesses. Microloans will be between $25,000 and $50,000, to help small businesses grow to the 9 Packet Pg. 114 7344 Page 4 next level of development by supporting activities such as renting office or retail space, hiring employees, or buying equipment. The loan term is recommended to be between five to seven years with a competitive interest rate of 5% to 9%. Staff is funding the reprogrammed CDBG funds in the amount of $800,000 for the fence being placed around Seccombe Park. The work will be undertaken by the City’s Public Works Department. Staff is funding the reprogrammed HOME funds in the amount of $270,000 for a U.S. Vets New Affordable Housing project. The City, in partnership with the San Bernardino County Community Development and Housing Department (CDH), would entail the development of permanent supportive housing (PSH) or affordable housing. The City has submitted to CDH an expression of interest willing and capable of a developer selection, project design, and community outreach. The project consists of 30 units of veteran PSH. Staff is in communication with the United States (U.S.) Veterans Initiative, who Staff is recommending support/sponsorship of the project. Substantial Amendment to Annual Action Plan (AAP) FY 2020-2021 Coronavirus Funding CDBG-CV3 At a public hearing on March 17, 2021, the City Council approved the City’s Substantial Amendment to the FY 2020-2021 AAP CDBG-CV3. However, upon HUD’s review of the plan and associated documents, HUD determined that the funding recommendation staff made to update the City of San Bernardino’s Local Haza rd Mitigation Plan (LHMP) and the Emergency Operations Plan (EOP) is considered an administrative cost, which would exceed the City’s CDBG administrative cap of 20%. Therefore, staff is recommending the original amount allocated to the City’s LHMP be alloc ated a project being undertaken at the Lytle Creek Community Center. Staff will consider improvements at the Center that will prepare, prevent and respond to the Coronavirus. Amount recommended: $300,000. 2020-2025 Key Strategic Targets and Goals The draft Annual Action Plan will meet Key Target No. 3: Improved Quality of Life by providing infrastructure, fair housing and business assistance in the City. Approval of the AAP will allow the City to continue to fund programs that preserve and improve the quality of the housing stock, promote homeownership, assist in small business start-up and expansion, fund infrastructure projects, and maintain a working relationship with the federal government. Fiscal Impact Approval of the draft FY 2021 -2022 Annual Actio n Plan will not impact the General Fund. Conclusion It is recommended that the Mayor and the City Council for the City of San Bernardino, California: 1. Conduct a public hearing on the review of the draft Fiscal Year 2021/22 Annual 9 Packet Pg. 115 7344 Page 5 Action Plan (AAP) associated with the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) Programs; and 2. Adopt the draft Fiscal Year 2021/22 AAP as an application for funding under CDBG, HOME, and ESG Programs; and 3. Authorize the City Manager or designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the Draft HUD Fiscal Year 2021/22 AAP and certification to HUD; and 4. Direct the Finance Director to amend the budget for ESG unspent dollars; and 5. Adopt a Substantial Amendment to the FY 2020/21 Action Plan; and 6. Direct the Finance Director to amend the Fiscal Year 2020/21 Budget pursuant to the Substantial Amendment to the Fiscal Year 2020/21 Action Plan; and 7. Direct the Finance Director to establish new funds and associated accounts for the Community Development Block Grant (CDBG-CV3) pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; and 8. Authorize the City Manager or designee to take any further actions and execute any further documents and certifications as may be necessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2020/21 Action Plan. Attachments Attachment 1 City of San Bernardino Draft FY 2021-2022 Annual Action Plan Attachment 2 Fiscal Year 2021-2022 Draft Annual Action Plan Activity Recommendations Attachment 3 Substantial Amendment to the FY 2020-2021 Annual Action Plan Attachment 4 CDBG-CV3 Project Proposals FY 2020-2021 Substantial Amendment to FY 2020-2021 Annual Action Plan Attachment 5 FY 2021-2022 Annual Action Plan - Public Notices Attachment 6 Substantial Amendment to the FY 2020-2021 Annual Action Plan - Public Notices Ward: All Synopsis of Previous Council Actions: April 21, 2021 Mayor and City Council approved the City’s Draft Fiscal Year2021 - 2022 Annual Action Plan. March 17, 2021 Mayor and City Council approved the City’s Substantial Amendment to the FY 2021-2022 Annual Action Plan. September 16, 2020 Mayor and City Council approved the City’s Substantial 9 Packet Pg. 116 7344 Page 6 Amendment to the FY 2020-2021 Annual Action Plan. August 19, 2020 Mayor and City council approved the City’s Substantial Amendment to the FY 2020-21 Annual Action Plan. 9 Packet Pg. 117 Annual Action Plan 2021 1 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction Each year, the US Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of San Bernardino, specifically Community Development Block Grant (CDBG) and other federal housing funds. To receive these funds, the City must complete a report every five years called the Consolidated Plan. The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plans. The City is an entitlement jurisdiction and will receive the following federal grants:  Community Development Block Grant (CDBG)  HOME Investment Partnerships Program (HOME)  Emergency Solutions Grant (ESG) 2. Summarize the objectives and outcomes identified in the Plan The City of San Bernardino has identified a range of housing and community development needs in accordance with the structure presented in HUD regulations 24 CFR 91.215 affordable housing, homelessness, and non-housing community development. Priority is assigned based on the level of need demonstrated by the data collected during the plan preparation, specifically in the Needs Assessment and the Market Analysis, the information gathered during the consultation and citizen participation process, and the availability of resources to address these needs. Based on these components, housing needs are considered a high priority, particularly low-income ownership housing and transitional housing with supportive services for the homeless population. Out of the top ten priority needs, the feedback from citizen participation indicated that the top four pressing concerns of the City are:  Homelessness and homelessness issues (i.e., supportive housing)  Access to affordable housing  Street infrastructure (i.e., road maintenance and street lighting)  Joblessness/job creation The City aims to utilize their grant funds to coordinate services, programs, and projects with the goal of creating a decent and suitable living environment to benefit low- and moderate-income households and those with special needs. Priorities for the 2021-2022 Action Plan have been established in consultation with the residents of San Bernardino and the serving community organizations. 9.a Packet Pg. 118 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 2 OMB Control No: 2506-0117 (exp. 09/30/2021) Priorities Objectives/Goals The following goals outlined in the Consolidated Plan and to be implemented during the FY 21-22 Annual Action Plan are listed below and will go into further detail in section AP-20 Annual Goals: 1. Promote Economic Development: Assist in providing direct loans and loan guarantees, establish revolving loan and/or facilitate peer lending programs for the stabilization and expansion of microenterprises through the Small Business Micro Loan Program, and estimated 10 businesses will be assisted. 2. Promote Economic Development: Repayment of debt service for the Arden Guthrie Project which will create 214 jobs. 3. Promote Economic Development: Provide no-cost services to residents/business owners in City of San Bernardino to help improve the likelihood of the successful growth of existing businesses through the Micro-Enterprise Program and estimated 10 businesses will be assisted. 4. Fair Housing: Support fair housing services, landlord/tenant mediation, and housing counseling services. 5. Expand Homeownership Opportunities: Fund construction of four (4) single family homes, city- wide where opportunities exist for infill housing for low to moderate income households whose incomes will range from 50% to 80% of Area Median Income (AMI). 6. Expand Homeownership Opportunities: Assist homebuyers with the purchase of affordable housing in the Eastpointe Community which will assist four (4) households with the purchase of a home. 7. New Affordable Rental Housing Construction or Rehabilitation: Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community, will continue phase 4 of the multi- phase Rental Assistance Demonstration (RAD) project with the construction of 94 units. 8. New Affordable Rental Housing Construction or Rehabilitation: Assist 100 households in the new Seccombe rental housing project. 9. Improve Facilities and Infrastructure: Improve selected streets resulting from new Infill Housing projects. The following streets will be improved: 532 Ramona Avenue – Ward 1; 2129 Wall Avenue – Ward 2; 938 N. G Street – Ward 2; 140 W. 13th Street – Ward 2; and 2060 E. 18th Street – Ward 7. A summary of some of the findings used to determine priority needs include:  215,784 persons reside in San Bernardino (US Census Bureau 2019) comprising of 59,295 households.  Approximately 26% live in poverty  San Bernardino County homeless count data have indicated a need to support programs that serve people experiencing homelessness. The 2020 PIT count for the City is 1,056 which accounts for 34% of San Bernardino County’s total count. 9.a Packet Pg. 119 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 3 OMB Control No: 2506-0117 (exp. 09/30/2021)  City provides for and residents benefits from participating in homelessness and homelessness issues (i.e., supportive housing), access to affordable housing, street infrastructure (i.e., road maintenance and street lighting) and joblessness/job creation.  The creation City uses CDBG funds for public services, public facilities and improvements, housing activities, and planning and administrative costs. The CDBG program’s primary objective is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for persons of low and moderate income. Funds can be used for a wide array of activities, including housing rehabilitation, homeownership assistance, lead-based paint detection and removal, construction or rehabilitation of public facilities and infrastructure, removal of architectural barriers, public services, rehabilitation of commercial or industrial buildings, and loans or grants to businesses. 3. Evaluation of past performance This is an evaluation of past performance that helped the City of San Bernardino choose its goals or projects. Preserve and rehabilitate existing single-family dwellings – The Owner-Occupied Housing Rehabilitation Program provided financial assistance to income-qualified, San Bernardino homeowners for repairs to their homes. Due to the spread of the Coronavirus 2019 (COVID-19) pandemic, this program came to a halt in order to preserve the safety of their residents and staff, which hindered the ability to meet the City’s goals and outcomes. Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing In FY 2019-20, the City completed the construction on two (2) homes on an infill lot to create affordable housing opportunities. This program improves neighborhoods by utilizing vacant and blighted lots for new owner-occupied housing. The City and their CHDO partner, Housing Partners I, are marketing these affordable units for sale to households at 50% to 80% of AMI for the County of San Bernardino. Provide Supportive Services - Homeless / Non-Homeless Special Needs - In FY 2019-20, the City utilized HOME program income for the Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community, for phase 2 of the multi-phase Rental Assistance Demonstration (RAD) project. Phase two entails the building of 147 affordable units for mixed-income family apartments to households with 30% to 60% of AMI. Promote Economic Development - In partnership with the Inland Empire Small Business Development Center, the City promoted and hosted small business/entrepreneur workshops. 12 San Bernardino small businesses were assisted. Due to the COVID-19 pandemic, workshops had to be postponed. 9.a Packet Pg. 120 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Improve Public Facilities and Infrastructure - In FY 2019-2020, the City completed: Lytle Creek Park roof replacement, Jerry Lewis Swim Center facility upgrades and replacement of playground equipment at five parks: Meadowbrook Fields, Lytle Creek, Wildwood, Harrison Canyon, and Speicher. Fair Housing - The Inland Fair Housing and Mediation Board provided landlord-tenant counseling and other fair housing services to eliminate identified impediments to fair housing through education, enforcement, and testing to approximately 3,300 persons in the City. Planning and Administration: Provided funds for planning and administration of CDBG, HOME and ESG. Provide rental assistance and preserve existing affordable rental housing - In FY 2019-2020, two (2) rental projects were inspected to ensure units remained affordable and habitable. Expand the affordable housing inventory through new construction - In 2019-2020, the third phase of construction commenced on the site of the former Waterman Gardens Public Housing community (now called Arrowhead Grove), which resulted in a total of 184 mixed-income family apartments. Arrowhead Grove will provide 147 affordable one- to four-bedroom family units with an additional 35 market-rate units interspersed across the site and two units for property managers. In addition to the new units constructed, a new traffic signal and bus shelter were installed. Improve Neighborhood Conditions – Demolition Program - Funding for this project has been eliminated due to the program’s inability to spend down its CDBG budgeted amounts during two consecutive years. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. To solicit public input during the development of the Consolidated Plan and the Annual Action Plan, the City conducted the following meetings:  Virtual Community Workshop.  Stakeholder Interviews; and  Online Survey. To solicit public input during the development of the Annual Action Plan, the City conducted a virtual Community Workshop through online platform Zoom on Wednesday, March 31, 2021 at 5:30 PM to 7:30 PM. There were 13 people in attendance. This virtual meeting was held in pursuant to Governor Newsom’s Executive Order N-29-20 and conducted in accordance with state and local health regulations as a response to the Coronavirus 2019 (COVID-19) pandemic. The following organizations attended and were interviewed during the virtual Workshop: 9.a Packet Pg. 121 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 5 OMB Control No: 2506-0117 (exp. 09/30/2021)  Arts Connection, the Arts Council of San Bernardino County  Congregations Organized for Prophetic Engagement (COPE)  Dignity Health  Making Hope Happen Foundation  Mary Erickson Community Housing/Valon Consulting  Uplift San Bernardino The City has also conducted stakeholder interviews to obtain feedback. The feedback was especially helpful in identifying gaps in services, trends in the local community, and needs relating to specific services and populations. The following organizations participated in the stakeholder interviews:  Dignity Health  Lutheran Social Services Southern California  Neighborhood Partnership Housing Services  San Bernardino Housing Authority Residents and service providers for the City of San Bernardino were encouraged to participate in the Annual Action Plan process and review. Newspaper ads were published in the El Chicano and the San Bernardino Sun to notify the public about the first public hearing and 30-day public review was published on March 15, 2021 and March 18, 2021 respectively. The Annual Action Plan was available for public review beginning April 28, 2021 to May 27, 2021. The report was available at on the City website for review and commenting Public comments received will be incorporated into the final Annual Action Plan. The first public hearing for the draft FY 21-22 Annual Action Plan to City Council was held on April 21, 2021. Newspaper ads were published to the San Bernardino Sun and the El Chicano to notify the public about the second public hearing was published on April 23, 2021 and April 26, 2021 respectively. The second public hearing was held on June 2, 2021. Lastly, an online survey for FY21-22 Annual Action Plan input was available in both English and Spanish to gain input from the residents of San Bernardino. This survey utilized the platform, SurveyMonkey, and was made available to residents from March 11, 2021 to April 3, 2021. The City received a total of 101 responses to the online survey (74 in English and 27 in Spanish). 5. Summary of public comments The feedback from the Community Workshop and Stakeholder interviews indicated that the top four pressing concerns of the City are: 1. Homelessness and homelessness issues (i.e., supportive housing) 2. Access to affordable housing 9.a Packet Pg. 122 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 6 OMB Control No: 2506-0117 (exp. 09/30/2021) 3. Street infrastructure (i.e., road maintenance and street lighting) 4. Joblessness/job creation Suggestions from the community to overcome these issues include additional public education/workshops, more communication from the City to the public, and more opportunities for public/private partnerships with community-based organizations. There is support for funds to be spent on affordable housing development, economic development for the City, and homeless services. The City also conducted an online survey in both English and Spanish from March 11, 2021 to April 3, 2021. There was a total of 101 responses to the online survey. A little over half of the respondents were homeowners (54%) with the remaining respondents being renters (39%) or in other types of living situations (7%). The response came from residents living in the City for 10 years or over. The top four areas of need identified in the online surveys were: 1. Economic Development (job creation) 2. Infrastructure (i.e., sidewalks/streets) 3. Services for the homeless 4. Affordable housing The top three infrastructure needs that were identified were street improvements, street lighting, and tree planting/urban greenery. City-facility needs identified were community centers, park and recreational facilities, and youth centers. For housing needs, the top three identified were: 1. First-time home buyer assistance 2. Owner-occupied rehabilitation 3. Renter-occupied housing rehabilitation Respondents also identified two primary homeless needs: 1. Permanent supportive housing with social services 2. Transitional housing (short-term up to 6 months) 6. Summary of comments or views not accepted and the reasons for not accepting them There were no public comments made. 7. Summary The City has taken diligent and good faith efforts to reach all segments of the community that may benefit from the City’s CDBG, HOME, and ESG programs. PR-05 Lead & Responsible Agencies – 91.200(b) 9.a Packet Pg. 123 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 7 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency SAN BERNARDINO Community and Economic Development Department CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department Table 1 – Responsible Agencies Narrative (optional) The City’s Community and Economic Development Department administers, implements, and monitors activities and projects funded through the federal grants. The Community and Economic Development Department is responsible for developing and carrying out the priorities and goals established in the Consolidated Plan. In addition, the Department works collaboratively with the Public Works Department, City Parks and Recreation Department, City Manager’s Office, City Council, and the CDBG Ad Hoc Committee to develop goals and priorities for the current year that is aligned with the Consolidated Plan and address the needs of the residents of San Bernardino. Consolidated Plan Public Contact Information For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact: the Community and Economic Development Department, Gretel Noble, Housing Manager at 201 N E Street, 3rd Floor, San Bernardino, CA 92418, telephone: (909) 384-7270 or via email at noble_gr@sbcity.org. 9.a Packet Pg. 124 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 8 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation – 91.100,91.200(b), 91.215(I) 1. Introduction The City views the Consolidated Plan and Annual Action Plan as an opportunity to engage the community in the CDBG, HOME, and ESG investment process. The City encourages their residents to voice their needs and concerns regarding homelessness, affordable housing, and community development. All members of the public, especially those living in low- and moderate-income neighborhoods, are encouraged to participate in the planning stages. The goal of the consultation process was to gather data to help determine the priority needs. The City also coordinates and collaborates with various service providers to identify specific needs or certain vulnerable populations. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))  The City has been working in partnership with the Housing Authority of the County of San Bernardino (HACSB) and County Community Development and Housing Agency to redevelop 251 units of public housing at the former Waterman Gardens public housing project (now known as Arrowhead Grove). The City is also working in partnership with National CORE, an Inland Empire CHDO, and the Housing Authority of the County of San Bernardino in the development of Arrowhead Grove.  The City partners with Neighborhood Partnership Housing Services (NPHS), a CHDO, for the administration of an owner-occupied, single family rehabilitation program.  Housing Partners I, also a CHDO, and NPHS partners with the City to build new single family, ownership housing on vacant and blighted lots throughout the city, in order to increase homeownership among households at and below 80% of Area Median Income.  The City coordinates with the County Department of Behavioral Health (DBH) in an ongoing exchange of information and resources available to persons who are experiencing homelessness and mental health crises. The City has also partnered with DBH in the Golden Apartments project where DBH provides the case management services for the formerly homeless residents who live with mental illness.  The City has also been working on investment strategies for housing and health with Dignity Health. Dignity Health’s Community Investment program provided a $1.2 million dollar loan for the construction (which is currently underway) of Arrowhead Grove Phase 3, which will result in the construction of a 184 mixed income development, with 147 units reserved for low -income households.  The City has been consulting with the Housing Authority of the County of San Bernardino and the Community Development and Housing Agency of the County of San Bernardino concerning lead-based paint hazards as it relates to rehabilitation of owner-occupied single-family homes. 9.a Packet Pg. 125 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 9 OMB Control No: 2506-0117 (exp. 09/30/2021) The City has also consulted with HUD’s environmental office regarding lead-based paint and staff attended the most recent lead-based paint training provided onsite at the HUD Los Angeles office.  The City has been in coordination with the San Bernardino Unified School District with their Uplift San Bernardino initiative. Uplift San Bernardino is focused on the future of the youth community, such as launching the future workforce into local jobs; ignite Upward Mobility in the community; convene leadership work groups to change systems & policies; effectively inspire community voice & engagement to inform better decisions & increase access to opportunities especially for youth; create shared understanding of issues & opportunities based on research & data; mobilize people and resources to fill in gaps identified between systems and promote accountability through a transparent history of Uplift’s decisions, progress, & learning.  The City has been working in partnership with Inland Empire Small Businesses Development Center (IESBDC) to deliver small business startup workshops to existing small business owners and aspiring entrepreneurs within the City of San Bernardino. Small business startup workshops are offered in both English and Spanish to accommodate the San Bernardino population. Spanish workshops are offered in collaboration with the Mexican consulate, who host their space for Spanish speaking participants.  The City is working with lead partners National Community Renaissance (CORE), an affordable housing developer; Nonprofit Finance Fund (NFF), a national CDFI; and Build Healthy Place Network (BHPN), the national center at the intersection of community development and health to advance equity, on the UPLIFT SB Equitable Development Plan. The UPLIFT SB Equitable Development Plan attains two overarching goals: 1) encourage health investors to advance comprehensive solutions and 2) spark collaborative problem-solving to address persistent community development challenges in the Waterman Baseline neighborhood and the City of San Bernardino, which include increasing the level of activity and improving the economic and health equity outcomes for residents and the community. UPLIFT Equitable Development Plan will strengthen the existing Waterman and Baseline Specific Plan (Specific Plan) and leverage other community-led collective impact efforts. The City is in collaboration with mentioned lead partners to increase investments in housing, health and safety, job creation. The goal is to bring business service providers along to determine how to best deploy resources to residents in the City of San Bernardino. These efforts will address some of the biggest barriers to opportunity, high crime rates, homelessness, and lack of good paying jobs, namely through affordable housing, job creation, and economic development.  For the past year the City has been working with an initiative headed by the Center for Community Investment and seven health providers, including Dignity Health in an initiative to Accelerate Investments in Healthy Communities (AIHC).  The City has also interviewed Dignity Health; Lutheran Social Services Southern California; Neighborhood Partnership Housing Services; and San Bernardino Housing Authority to receive input on potential gaps in services and identification of needs for residents. 9.a Packet Pg. 126 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The City recognizes the needs to address people experiencing homelessness, particularly the chronically homeless populations. The City collaboratively works with four entities throughout the County of San Bernardino. The following entities are: 1) Interagency Council on Homelessness 2) Homeless Provider Network 3) Central Valley Steering Committee 4) San Bernardino County Behavioral Health Administration, Office of Homeless Services These entities comprise of policy-making bodies, advisory groups of faith-based and non-profit housing organizations, collaborative organization among City jurisdictions, and committees established specifically to assist those experiencing homelessness. The “10-Year Strategy to End Homelessness in San Bernardino County” guides the actions and serves as a blueprint to end homelessness in the County of San Bernardino. Concurrently, the City of San Bernardino also actively participates in the Continuum of Care (CoC) and is fully supportive of the objectives of the 10-Year Strategy to End Homelessness in San Bernardino County plan. Bessine Richard represents the City on the board of the Interagency Council on Homelessness. The City’s Police Department support and participates in the Point-in-Time (PIT) Homeless County. The Community & Economic Department requires their ESG subrecipients to participate in the CoC’s Homeless Management Information System (HMIS). This software application is designed to collect client-level data and data on the provision of housing and services to homeless individuals, families, and person at-risk of homelessness. Lastly, the City funds four organizations through the ESG programs that provide street outreach, emergency shelter, homeless prevention services, rapid rehousing and HMIS. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the o peration and administration of HMIS The City closely works with the CoC and attends its regularly scheduled meetings and trainings in the area of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not less than one former homeless member, in regard to funding recommendations. The discussions at the ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates are helpful in evaluating the outcomes of projects and activities assisted with ESG. Other topics of discussion include presentations to the Office of Homeless Services on activities from the San Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative from the Housing Authority of the 9.a Packet Pg. 127 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 11 OMB Control No: 2506-0117 (exp. 09/30/2021) County of San Bernardino (HACSB) has continued to develop creative and effective ways to address the needs of the County’s homeless veterans. Over the past year, HASCB, along with the support and efforts of our affiliate non-profits, KEYS and HP1 Inc., has created housing opportunities for homeless veterans. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities. 1 Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Health Agency Major Employer What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of City of San Bernardino and participated in a community workshop. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. 2 Agency/Group/Organization Neighborhood Partnership Housing Services (NPHS) Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing and infrastructure investment in the community. 3 Agency/Group/Organization Lutheran Social Services Southern California Agency/Group/Organization Type Services – Housing What section of the Plan was addressed by Consultation? Homeless Needs – Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community 9.a Packet Pg. 128 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 12 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 Agency/Group/Organization Housing Authority of County of San Bernardino Agency/Group/Organization Type Health Agency – Health What section of the Plan was addressed by Consultation? Homeless Needs – Chronically Homeless, Families with Children, Veterans, Unaccompanied Youth Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. Table 2 – Agencies, groups, organizations who participated 9.a Packet Pg. 129 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 13 OMB Control No: 2506-0117 (exp. 09/30/2021) Identify any Agency Types not consulted and provide rationale for not consulting No agency types were excluded from engagement. For future planning processes, the City will make a special effort to include specified organizations that provide a wide range of services to the residents of San Bernardino. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Continuum of Care Alliance Potential funding allocations to address homeless needs will complement the COC Strategy. 10-Year Strategy to End Homelessness Continuum of Care Alliance Funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness. City of San Bernardino 2013-2021 Housing Element City of San Bernardino Department of Community Development Potential funding allocations to address housing needs that will complement the 2013-2021 Housing Element Housing Authority County of San Bernardino (HACSB) Housing Authority County of San Bernardino (HACSB) The City will support HACSB's efforts on public housing and the ongoing partnership on Waterman Gardens Table 3 – Other local / regional / federal planning efforts Narrative (optional) City staff, along with assistance from their consultant, worked to engage a wide array of residents and stakeholder for the community outreach process. The City engaged residents and stakeholders through a community survey, stakeholder interviews, and community meetings. Various service providers, such as Health Agencies and Homeless Service providers, were included. Stakeholders and residents provided feedback on priorities, housing problems and possible solutions. They were asked to provide input on how the City should spend their CDBG, HOME and ESG funding. 9.a Packet Pg. 130 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 14 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal setting The City published notices for public hearings and 30-day public review of the FY 2021-2022 Annual Action Plan in El Chicano and the San Bernardino Sun on March 15, 2021 and March 18, 2021 respectively in accordance with its citizen participation plan. The report was made available on the City’s website at the Community and Economic Development Department. In addition, notification of the Virtual Community Workshop was posted to the City’s social media account. Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comme nts not accepted and reasons URL (If applicable) 1 Newspaper Ad Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Residents of Public and Assisted Housing Low Income persons No responses were received. No comments were received. Because comments were not received there is no summary of comments not accepted. http:iecn.com/newspap ers/el-chicano/ https://www.sbsun.com 9.a Packet Pg. 131 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Annual Action Plan 2021 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comme nts not accepted and reasons URL (If applicable) 2 Online Survey Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Low Income persons 101 responses received 82% Residents of the City of San Bernardino 75% English speakers 25% Spanish speakers 54% Homeowners 39% Renters Summary of top four concerns: 1. Homelessness and homelessness issues (i.e., supportive housing) 2. Access to affordable housing 3. Street infrastructure (i.e., road maintenance and street lighting) 4. Joblessness/job creation All comments were accepted. www.sbcity.org/housing 9.a Packet Pg. 132 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Annual Action Plan 2021 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comme nts not accepted and reasons URL (If applicable) 3 Virtual Community Workshop Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Low Income persons 13 people were in attendance. Top four concerns identified via comments were: 1. Homelessness and homelessness issues (i.e., supportive housing) 2. Access to affordable housing 3. Street infrastructure (i.e., road maintenance and street lighting) 4. Joblessness/job creation All comments were accepted https://mbakermeet.we bex.com/mbakermeet/j. php?MTID=mf7c8897fb3 48d5924b7bcc39d4f6bf b4 9.a Packet Pg. 133 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Annual Action Plan 2021 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 4 – Citizen Participation Outreach 4 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing Attendance will be added Comments will be added Comments will be added www.sbcity.org/housing 9.a Packet Pg. 134 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Annual Action Plan 2021 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction San Bernardino, like many other jurisdictions is faced with the challenging task of meeting increasing needs with fluctuating and/or decreasing federal and state resources. The figures shown in the Anticipated Resources table below reflect HUD's current allocation. The figure for "Expected Amount Available for Remainder of Con Plan" anticipates the level of funding using the current year allocations and projecting those allocations over the remaining years covered by the Consolidated Plan. If there are any cuts to the City's allocation over the coming years, the City will adjust this figure accordingly and prepare the Annual Action Plans reflective of the funding reality. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 2021-2022 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition and Admin and Planning Economic Development Housing Public Improvements Public Services $3,307,949 $0 $0 $3,307,949 $9,940,090 Funding for program year 2021 includes the City’s HUD allocation, estimated program income, and prior year resources. 9.a Packet Pg. 135 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Annual Action Plan 2021 19 OMB Control No: 2506-0117 (exp. 09/30/2021) HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily Rental new construction Multifamily rental rehab New Construction for ownership TBRA $1,336,277 $270,000 $0 $1,606,707 $9,143,723 The City plans to invest its HOME dollars in the rehabilitation of a rental housing project; Infill Housing Program (homeownership); New construction of affordable rental housing (Seccombe Park); Eastpointe Community (homeownership); Arrowhead Grove Phase 4 (rental housing); and Owner-Occupied Rehabilitation. 9.a Packet Pg. 136 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Annual Action Plan 2021 20 OMB Control No: 2506-0117 (exp. 09/30/2021) ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re- housing (rental assistance) Rental Assistance Services Transitional housing $290,457 $54,446 $0 $344,903 $1,155,097 ESG monies will fund subrecipients to assist people experiencing homelessness with Emergency Shelter (ES), HMIS, Motel Vouchers, Rapid Re- Housing, Rental Assistance, Homelessness Prevention (HP) and Financial Assistance. Table 5 - Expected Resources – Priority Table 9.a Packet Pg. 137 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Annual Action Plan 2021 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how matching requirements will be satisfied The City will focus on leveraging its federal resources with state, local, and private capital in order to develop quality and decent affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including: Federal Resources  Section 8 Housing Choice Voucher Program  Federal Low-Income Housing Tax Credit Program  Tax Exempt Bond Financing  Community Investment Funds from Dignity Health State Resources  Tax Exempt bonds  State Low-Income Housing Tax Credit Program  No Place Like Home  Community Reinvestments Funds  Permanent Local Housing Allocation (PLHA) from California State Department of Housing  Veteran Housing and Homeless Prevention Program Local Resources  San Bernardino County Continuum of Care  Housing Authority of San Bernardino County (HACSB) Private Resources  Dignity Health  San Manuel Band of Mission Indians  San Bernardino Unified School District  City of San Bernardino Successor Housing Agency Per HUD regulations, ESG recipients must match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions, and funds from other local, state, and federal programs. In addition, HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In 9.a Packet Pg. 138 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 22 OMB Control No: 2506-0117 (exp. 09/30/2021) accordance with 24 CFR 92.222, when a local jurisdiction meets one of the distress criteria, it is determined to be in fiscal distress and receives a 50 percent reduction of match. The FY 2020-2021 match reductions are not available as of date of this writing. However, in FY 2020-2021, the City received a 100 percent match reduction due to severe fiscal distress. The City of San Bernardino will continue to leverage its HOME funds with other housing resources as required. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year. If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan With the dissolution of the redevelopment agency, successor agencies with real property assets are required to dispose of the properties pursuant to the City’s Long-Range Property Management Plan or Housing Asset Transfer (HAT) Plan. The Successor Agency has transferred all property listed on the Housing Asset Transfer list to the City as the Successor Housing Agency. The City will determine the development and/or disposition of these properties in the following months. Discussion The Housing Successor Agency has a disposition plan for the parcels and the City will retain some for economic development purposes, sell a number of the parcels and retain others for housing. The majority of the properties are single family parcels that the city intends to utilize for the construction of single-family ownership housing. 9.a Packet Pg. 139 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Promote Economic Development 2021 2022 Non-Housing Community Development Citywide Promote Economic Development CDBG: $230,979 Businesses assisted: 10 (Micro-loan Program) 2 Promote Economic Development 2021 2022 Non-Housing Community Development Citywide Promote Economic Development CDBG: $35,000 Businesses assisted: 10 (Micro- enterprise) 3 Promote Economic Development 2021 2022 Non-Housing Community Development (Section 108 Repayment) Citywide Promote Economic Development CDBG: $772,323 Section 108 Repayment Program Debt payment on Section 108 for Arden Guthrie Project, which will create 214 jobs 9.a Packet Pg. 140 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Annual Action Plan 2021 24 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 Fair Housing 2021 2022 Affordable Housing Citywide Fair Housing CDBG: $73,000 Public service activities for Low/Moderate income persons. Approximately 2,700 households to be assisted 5 Expand Homeowner-ship Opportunities 2021 2022 Affordable Housing Citywide Expand Homeowner-ship Opportunities HOME: $25,000 Infill Housing Project: construct 4 new houses 6 Expand Homeowner-ship Opportunities 2021 2022 Affordable Housing Eastpointe Community Expand Homeowner-ship Opportunities HOME: $214,000 Add 4 housing units in the Eastpointe Community 7 New Affordable Rental Housing 2021 2022 Affordable Housing Seccombe Park Affordable Rental Housing HOME: $431,266 New Affordable Rental Units in Seccombe Park. Persons assisted: 100 households 8 New Affordable Rental Housing 2021 2022 Affordable Housing Arrowhead Grove – Phase 4 Provide Homeless and Homeless Prevention Services HOME: $385,870 Mixed-income family apartments Persons assisted: 10 households 9.a Packet Pg. 141 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Annual Action Plan 2021 25 OMB Control No: 2506-0117 (exp. 09/30/2021) 9 Improve Public Facilities and Infrastructure 2021 2022 Non-Housing Community Development Citywide Improve Facilities and Infrastructure CDBG: $1,496,626 Street improvements for: 532 Ramona Avenue - Ward 1 2129 Wall Avenue – Ward 2 938 N. G Street - Ward 2 140 W. 13th Street – Ward 2 2060 E. 18th Street – Ward 7 Grape Street (Walnut to Chestnut) – Ward 3 Davidson Avenue (Baseline to 14th) – Ward 6 10 Provide Supportive Services 2021 2022 Non-Housing Community Development Citywide Provide Supportive Services ESG: $290,457 Lutheran Social Services- Emergency Shelter(ES)/Health Management Information System (HMIS) Mary’s Mercy Village (Homeless Prevention) Salvation Army/Hospitality House (Emergency Shelter) Step Up On Second (Street Outreach); 612 persons to be assisted. 11 Planning and Administration 2021 2022 Administration Citywide Planning and Administration CDBG: $651,982 N/A HOME: $211,227 ESG : $21,784 9.a Packet Pg. 142 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Annual Action Plan 2021 26 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 2 – Goals Summary Goal Descriptions 1 Goal Name Promote Economic Development Goal Description Micro-Loan Program: To assist in providing direct loans and loan guarantees, establishing revolving loan and/or facilitating peer lending programs for the establishment, stabilization, and expansion of microenterprises. Micro-Enterprise Program: To provide no-cost services to residents/business owners in the City of San Bernardino to help improve the likelihood of successful business launch, and growth of existing businesses. Section 108 Loan Repayment: Debt service repayment for Arden Guthrie Project. The project will create 214 jobs. 2 Goal Name Fair Housing Goal Description Eliminate identified impediments to fair housing through education, enforcement, and testing. Assist 2,700 households. 3 Goal Name Expand Homeownership Opportunities Goal Description Infill Housing Project to create a total of four (4) new houses in the Eastpointe Community. 9.a Packet Pg. 143 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Annual Action Plan 2021 27 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 Goal Name New Affordable Rental Housing Goal Description Seccombe Park: Create new affordable rental units Arrowhead Grove: Start Phase 4 of mixed-income family apartments 5 Goal Name Improve Public Facilities and Infrastructure Goal Description Five street improvements will be completed. The following streets improvements are: 532 Ramona Avenue (Ward 1); 2129 Wall Avenue (Ward 2); 938 N. G Street (Ward 2); 140 W. 13th Street (Ward 2); 2060 E. 18th Street (Ward 7); Grape Street (Walnut and Mill) (Ward 3); and Davidson Avenue (Baseline to 14th) (Ward-6). 6 Goal Name Provide Supportive Services Goal Description Provide funding to assist homeless individuals and those with special needs with supportive services; includes funding for emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. 612 persons to be assisted. 7 Goal Name Planning and Administration Goal Description The City will implement the goals and objectives of the Consolidated Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Consolidated Plan regulations and CDBG, HOME and ESG regulations. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds. 9.a Packet Pg. 144 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Annual Action Plan 2021 28 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction Projects # Project Name 1 Micro-Enterprise Program 2 Small Business Micro-Loan Program 3 Section 108 Repayment Program 4 Improve Public Facilities and Infrastructure 5 Fair Housing 6 Infill Housing 7 Seccombe Park Housing Project 8 Eastpointe Community – Homeownership 9 Arrowhead Grove Phase 4 10 Homeless Services 11 Planning and Administration – CDBG, HOME, ESG Table 5 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs These project and activity priorities have been identified by the community input received and based on the identified needs of the City. The primary obstacle in addressing the underserved needs is the insufficient resources to meet the ongoing needs of individuals, especially those with special needs such as individuals experiencing homelessness. 9.a Packet Pg. 145 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 29 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information 1 Project Name Micro-Enterprise Program Target Area Citywide Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $35,000 Description To provide no-cost services to residents/business owners in the City of San Bernardino to help improve the likelihood of successful business launch, and growth of existing businesses. Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities 125 participants who either own their business or are potential business owners. There will be 5 cohorts with a total of 25 participants in each cohort. Location Description Citywide - Available to all existing or potential business owners. Workshops are held at City Hall located at 201 North E Street, San Bernardino, CA and at the Mexican Consulate located at 293 North D Street, San Bernardino, CA. Planned Activities The program will partner with the Small Business Administration to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development. 9.a Packet Pg. 146 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 30 OMB Control No: 2506-0117 (exp. 09/30/2021) 2 Project Name Small Business Micro-Loan Program Target Area Citywide Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $230,979 Description To assist in providing direct loans and loan guarantees, establishing revolving loan and/or facilitating peer lending programs for the establishment, stabilization and expansion of microenterprises. Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities 5 businesses will benefit from this proposed activity. Location Description Citywide Planned Activities This program focuses on the establishment, stabilization, and expansion of microenterprises within the City of San Bernardino. 3 Project Name Section 108 Repayment Program - Promote Economic Development Target Area Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino Goals Supported Promote Economic Development Needs Addressed Address joblessness in the City Funding CDBG: $ 772,323 Description Section 108 Loan Repayment Program, which will create 214 jobs, in order to pursue physical and economic revitalization that will provide jobs. 9.a Packet Pg. 147 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities 214 individuals will benefit from this proposed activity. Location Description 17.43 acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino. Planned Activities The City has moved forward with the sale of the property and using Section 108 loan for the repayment of the Arden Guthrie Project. 4 Project Name Street Improvements Target Area Citywide Goals Supported Improve Facilities and Infrastructure Needs Addressed These streets will support Infill Housing Projects Funding CDBG: $ 1,535,057 Description Five (5) streets have been identified for sidewalk replacement and ADA accessibility improvements. Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities Area with an average income level of 30% to 50% of AMI will benefit of the improvements made to these streets. Location Description The City has proposed to fund the following five (5) street improvements: 1. 532 Ramona Avenue – Ward 1 2. 2129 Wall Avenue – Ward 2 3. 938 N. G Street – Ward 2 9.a Packet Pg. 148 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 32 OMB Control No: 2506-0117 (exp. 09/30/2021) 4. 140 W. 13th Street – Ward 2 5. 2060 E. 18th Street – Ward 7 6. Grape Street (Walnut to Mill) – Ward 3 7. Davidson Avenue (Baseline to 14th) – Ward 6 Planned Activities Street improvements and ADA compliance. 5 Project Name Fair Housing Target Area Citywide Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $73,000 Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing. Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities This program will benefit approximately 2,700 Low/Moderate Income Households/Tenants. Location Description Citywide Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. 9.a Packet Pg. 149 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 33 OMB Control No: 2506-0117 (exp. 09/30/2021) 6 Project Name Infill Housing Project Target Area Citywide Goals Supported Expand Homeownership Opportunities Needs Addressed Affordable Housing Funding HOME: $25,000 Description Infill Housing Project construction of new houses Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities The program will create 4 new houses Location Description Citywide Planned Activities Construction 7 Project Name Eastpointe Community Target Area Eastpointe Community Goals Supported Expand Homeownership Opportunities Needs Addressed Affordable Housing Funding HOME: $214,000 Description Add additional housing units to the Eastpointe Community Target Date 6/30/2022 9.a Packet Pg. 150 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type of families that will benefit from the proposed activities Creation of 4 new housing units Location Description 2205 Sunrise Ln. location in the 92404 neighborhood of San Bernardino Planned Activities Construction 8 Project Name Seccombe Park Target Area Seccombe Park Goals Supported New Affordable Rental Units Needs Addressed Affordable Housing Funding HOME: $431,266 Description New affordable rental units in Seccombe Park. Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities Assist approximately 100 households assisted Location Description 160 E 5th St, San Bernardino, CA 92415 Planned Activities Construction 9 Project Name Arrowhead Grove - Phase 4 Target Area Arrowhead Grove Master Plan Community Goals Supported New Affordable Rental Housing Needs Addressed Affordable Housing 9.a Packet Pg. 151 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 35 OMB Control No: 2506-0117 (exp. 09/30/2021) Funding HOME: $385,870 Description Phase 4 of the Arrowhead Grove Master Plan Community to build additional mixed-income family apartments Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities 184 new affordable rental units will provide housing for mixed-income families. Location Description 1151 N Crestview Ave, San Bernardino, CA 92410 Planned Activities Construction 10 Project Name Homeless Services Target Area Citywide Goals Supported Provide Supportive Services Needs Addressed Homeless Funding ESG: $290,457 Description Provide funding to assist homeless individuals and those with special needs with supportive services; includes funding for emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities 612 persons and/or families Location Description Citywide Planned Activities Homeless supportive services 9.a Packet Pg. 152 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 36 OMB Control No: 2506-0117 (exp. 09/30/2021) 11 Project Name Planning and Administration – CDBG, HOME, ESG Target Area N/A Goals Supported Planning and Administration; Expand Home Ownership Opportunities; Provide Supportive Services Needs Addressed Planning and Administration; Expand Home Ownership Opportunities; Provide Supportive Services Funding CDBG: $651,982 HOME: $211,227.20 ESG: $21,784 Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and CDBG, HOME and ESG regulations. Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds. Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description 201 North E Street, San Bernardino, CA 92401 Planned Activities Grant and Project Management 9.a Packet Pg. 153 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 37 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City will use its funding for FY 2021-2022 to fund a variety of housing, community development, economic development, and capital improvement projects. The majority of federal funds will be used to finance projects targeting low- to moderate-income individuals and families throughout the City. CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income. The 2010 U.S. Census identified approximately 68.9 percent of the City consisted of households with low or moderate incomes. A map of the Low / Moderate Income Target Areas is attached to this document. (Appendix A) The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2010 Census, approximately 60 percent of the population is of Hispanic Origin, 19 percent is Non-Hispanic, White, 14.2 percent is Black, 3.8 percent is Asian, and 2.9 percent is comprised of some “Other” race or ethnicity. See attached maps in the Action Plan document as a reference to the geographic distribution. Geographic Distribution Target Area Percentage of Funds Citywide 100% CDBG Eligible Census Tract and Block Group 100% Table 6 - Geographic Distribution 9.a Packet Pg. 154 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 38 OMB Control No: 2506-0117 (exp. 09/30/2021) Rationale for the priorities for allocating investments geographically The funding available under the 2021-2022 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2021-2022 Action Plan, the City established priority needs based on an in-depth analysis of the several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low-income neighborhoods where residents have the greatest need for housing/services. The City will focus on low to moderate income neighborhoods where there is a greatest need in the parks, such as having the playground equipment replaced, because those are the areas of greatest need. Discussion As noted previously, the City does not allocate funds on a geographic basis, instead, funds are allocated to organizations that provide low-income households with housing and supportive services. On an annual basis, the City prioritizes the use of its CDBG funding for housing and community development activities, including preservation and conservation of affordable housing and activities that serve low- and moderate-income households. Public improvements and public facilities are qualified as benefitting low- and moderate-income persons. Activities identified under the public service category and targeted to special needs populations are offered on a citywide basis and/or where resources can be coordinated with existing facilities or services. The City of San Bernardino does not have any Neighborhood Revitalization Strategy Areas (NRSA) within its City’s boundaries. 9.a Packet Pg. 155 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 39 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction As a reflection of the Housing Needs Assessment of the 2020-2024 Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals: 1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities and 3) Provide Assistance to Renter Households. Preserve and Rehabilitate Housing Approximately 67 percent of both owner-occupied housing (18,125) and rental units (20,735) were built prior to 1980. In general, housing begins to require major repairs after 30 or 40 years of age. Those repairs could include important health and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom or kitchen plumbing, and insulation. Many low- to moderate-income households may be unable to afford these needed repairs. In the City of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the after- rehabilitation value (Data Source: 2011-2015 ACS). Expand Home Ownership Opportunities There is a need for affordable housing in San Bernardino. The most prevalent housing problems within the City is cost burden and overcrowded conditions. San Bernardino has a population of 214,115 persons and a total of 57,547 households. Nearly 59 percent of households in San Bernardino (33,760 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI). Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation, and medical care. Overcrowded conditions exist when more people are living within a single dwelling than there is space for, so that movement is restricted, privacy is compromised and levels of stress increase. Low-moderate income (LMI) renter households experience housing problems at a higher rate (60 percent) than LMI owner households (44 percent). Many of San Bernardino’s extremely low-income households (42 percent) are small families (four persons or less), which shows a need for smaller (one, two, or three bedroom) affordable housing units. 9.a Packet Pg. 156 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 40 OMB Control No: 2506-0117 (exp. 09/30/2021) The City’s housing market has fluctuated greatly over the last ten years. During the 2000 Census, the median home value (MHV) in the City was $94,000; it then saw a steep increase during the housing boom of the 2000s, increasing 115 percent by 2009 to an MHV of $270,200. In 2000, the median income in the City was $31,140, which would have allowed an average household to purchase a home without becoming cost burdened (less than 30 percent of their income). In 2015, the median income in the City was $37,047, a 16 percent increase, with an MHV of $159,800, which would make most homeowners cost burdened. Based on the 2015-2019 ACS, the median income would be sufficient for a renter to afford $1,059in housing costs per month, which includes rent and utilities, and not be cost burdened; 37 percent of the City’s renter population pays $999 or less per month. Provide Assistance to Renter Households The City has a significant inventory of publicly assisted rental housing affordable to low-income households. Eighteen affordable rental housing developments in the City offer income/rent restricted housing for approximately 2,205 very low-income households. A total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status. HACSB does not anticipate losing affordable housing units due to expiration of contracts in the next five years. These projects are technically considered at risk of converting to market-rate housing. However, most of these projects are non-profit owned senior housing which will receive priority for rental of subsidy contracts with HUD. Therefore, it is unlikely that the projects will convert to market-rate housing. Nonetheless, the City will periodically reach out to owners of assisted projects to understand their intentions for opting out of the Housing Choice Voucher Program or pursuing financial restructuring in order to extend the terms of affordability. The City also will continue to work with qualified Community Housing Development Organizations (CHDO) to acquire and construct or rehabilitate multifamily housing as long-term affordable housing for lower-income households. One Year Goals for the Number of Households to be Supported Homeless 600 Non-Homeless 349 Special-Needs 0 Total 949 Table 7 - One Year Goals for Affordable Housing by Support Requirement 9.a Packet Pg. 157 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 41 OMB Control No: 2506-0117 (exp. 09/30/2021) One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 196 Rehab of Existing Units TBD Acquisition of Existing Units 0 Total 196 Table 8 - One Year Goals for Affordable Housing by Support Type Discussion The table “One Year Goals for the Number of Households to be Supported” consists of 349 non- homeless households to be supported. Four (4) for-sale housing units will be added in Eastpointe neighborhood (incomes will range from 50% to 80% of Area Median Income (AMI)). Also, new Infill Housing construction of four (4) for-sale single family homes citywide is planned (incomes will range from 50% to 80% of Area Median Income (AMI)). Additionally, 100 affordable rental units to be built at Seccombe Park. 9.a Packet Pg. 158 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 42 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction Public housing and other assisted housing programs are crucial elements of the City’s efforts to address affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals. The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD). In 2019, the latest year for which data is available, HACSB provided 10,798 housing choice vouchers throughout San Bernardino County, assisting 25,331 individuals. Of those 10,798 housing choice vouchers, 2,694 were issued to San Bernardino City residents. The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino. Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following: Monitor At-Risk Units The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk units. Support and Assist Local Non-Profit Organizations In order to develop or preserve the City’s affordable housing stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership Because the City does not own any public housing units, the City has not taken efforts to encourage public housing residents to become more involved in management and participate in homeownership. However, the City collaborates with the Housing authority of the County of San Bernardino to encourage public housing residents to contribute and participate in the management and HACSB has a 9.a Packet Pg. 159 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 43 OMB Control No: 2506-0117 (exp. 09/30/2021) homeownership program for residents of public housing. As for homeownership opportunities, the City has initiated an Infill Housing Program that will acquire distressed properties within San Bernardino, rehabilitate them and sell them to income qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually, it has a moving to work designation which is a designation that a limited number of PHAs across the country have. Discussion There is no discussion relative to the designation of the county PHA. 9.a Packet Pg. 160 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 44 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction According to the San Bernardino County 2020 Homeless PIT Count, there were 1,056 homeless persons in the City. A total of 183 individuals were sheltered, 50 in transitional housing, and 823 were unsheltered. To address this issue, the City will allocate approximately $290,457 in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving suppo rt to retain current housing or to locate get housing placement. The City is continuing its contract in FY 2021-2022 with Step Up On Second, with the goal of reaching 78 homeless persons through street outreach, providing social service referrals to 49 of those 78 persons and facilitating the placement of 13 homeless persons into permanent housing. Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an emergency men’s shelter. LSSSC has submitted plans to the City for a preliminary review of a new men’s shelter with a 75-bed capacity. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless i ndividuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key 9.a Packet Pg. 161 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 45 OMB Control No: 2506-0117 (exp. 09/30/2021) components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness. Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health. The City has partnered with Step Up on Second to provide street outreach services to homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to appointments and placement in permanent housing. To date, in FY 2019-2020, Step Up has housed 13 individuals and provided linkage to services to 78 persons. San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate. Helping low-income individuals and families avoid becoming homeless, especially extremely low - income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10- Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning in order to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons being discharged into homelessness. Discussion 9.a Packet Pg. 162 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 46 OMB Control No: 2506-0117 (exp. 09/30/2021) In 2018, the City declared a shelter crisis which allowed agencies to apply for the State’s Homeless Emergency Aid Program (HEAP) funding. Four agencies serving homeless persons in the City of San Bernardino received $2.1 million in HEAP funds that can be used over four years. The CoC’s coordinated entry system provides a single point of entry for people who are homeless to be screened and assessed for a range of CoC and City funded homeless programs, including emergency shelters, transitional housing, permanent supportive housing, and rapid rehousing services. All contracted service providers report outcomes based on the countywide outcome standards developed by the County Office of Homeless Services, in order to inform future adjustments to the service system. In FY 18-19, the City facilitated the purchase of two (2) multi-family properties by Foothill Aides Project. In FY 19-20 those properties were rehabilitated and leased to low-income persons with HIV/Aids. 9.a Packet Pg. 163 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 47 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and funding were the City’s primary tool for assisting with neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing. Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single- family homes and poorly maintained multifamily complexes. State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to 9.a Packet Pg. 164 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 48 OMB Control No: 2506-0117 (exp. 09/30/2021) the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing: 1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot Consolidation. 2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law. 3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2. 4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user -friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects. 5. The City will update its General Plan. 9.a Packet Pg. 165 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 49 OMB Control No: 2506-0117 (exp. 09/30/2021) Discussion: To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households. For FY 2021-2022, the City will continue to fund its Infill Housing Program and its Owner-Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner-Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single-family units owned by low and moderate-income households. Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households. 9.a Packet Pg. 166 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 50 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: Priority Needs established in the FY 2020-2024 Five-Year Consolidated Plan, which forms the basis for establishing objectives and outcomes in the FY 2021-2022 One-Year Action Plan, are as follows: High Priority  Preserve and Rehabilitate Housing  Expand Homeownership Opportunities  Provide Homeless and Homeless Prevention Services  Promote Economic Development and Employment Opportunities for low- and moderate-income persons/micro-enterprises Low Priority  New Affordable Rental Housing  Improve and Expand existing Community Facilities and Infrastructure to meet current and future needs  Eliminate identified impediments to fair housing through education, enforcement, and testing  Planning and Administration – CDBG, HOME, ESG  New Affordable Housing Construction or Rehabilitation  Expand Homeownership opportunities – Infill Housing  First-Time Homeownership – CHDO 15% set-aside Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order to leverage additional ongoing resources for housing and homeless services, the City is applying for the Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development to It anticipated that in the 2021 the City can receive up to $1.6 million in PLHA funds. The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households. Actions planned to foster and maintain affordable housing The City will continue to invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s 9.a Packet Pg. 167 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 51 OMB Control No: 2506-0117 (exp. 09/30/2021) Owner-Occupied Rehabilitation Loan Program. Actions planned to reduce lead-based paint hazards To reduce lead-based paint hazards, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner-Occupied Residential Rehabilitation Program will be tested for lead based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35. Actions planned to reduce the number of poverty-level families For FY 2021-2022, the City will support:  An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate-income households  Micro Enterprise Program that will provide no-cost services to residents/business owners in the City of San Bernardino to help improve the likelihood of a successful business launch, and growth of existing mico-businesses.  Service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families.  The improvement of streets, along with the Infill Housing that will be taking place. These improvements will have a greater impact in the neighborhoods.  The efforts of HACSB, who provides rental assistance and conventional housing to low-income households.  The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services.  The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness.  The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides persons who are at imminent risk of becoming homeless with problem solving support to retain current housing or to locate another housing placement. Actions planned to develop institutional structure During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e. CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This will allow to coordinate the City's activities by not duplicating efforts and to know what 9.a Packet Pg. 168 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 52 OMB Control No: 2506-0117 (exp. 09/30/2021) other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing. Actions planned to enhance coordination between public and private housing and social service agencies During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development. Discussion: The implementation of the FY 2021-2022 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies. 9.a Packet Pg. 169 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 53 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: In the implementation of programs and activities under the 2021-2022 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate income. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan. 0 5. The amount of income from float-funded activities 0 Total Program Income 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 80.00% 9.a Packet Pg. 170 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 54 OMB Control No: 2506-0117 (exp. 09/30/2021) HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City does not anticipate using other forms of investment beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254: (a) If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. (b) If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent: (2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount. (c) In no event shall City’s recovery exceed the amount of the Net Proceeds. The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. 9.a Packet Pg. 171 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 55 OMB Control No: 2506-0117 (exp. 09/30/2021) In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows: Amount of HOME Subsidy Period of Affordability Less than $15,000 5 years $15,000 to $40,000 10 years More than $40,000 15 years The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 9.a Packet Pg. 172 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 56 OMB Control No: 2506-0117 (exp. 09/30/2021) 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single-family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs. The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and renewal periods with applicants expire and new NOFAs and RPS are released. Emergency Solutions Grant (ESG) Reference 91.220(l)(4) 1. Include written standards for providing ESG assistance (may include as attachment) See Attachment under Admin (AD-26). 2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low cost health and human service providers. 211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2 -1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org. Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless 9.a Packet Pg. 173 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 57 OMB Control No: 2506-0117 (exp. 09/30/2021) people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness. 3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations). The City of San Bernardino will competitively procure for services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year Plan to End Homelessness. The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past performance are also considered. Based on this review, Community and Economic Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2021-2022 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval. 4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City. 9.a Packet Pg. 174 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 58 OMB Control No: 2506-0117 (exp. 09/30/2021) The ICH is charged with directing, coordinating, and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy recommendations. As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub- recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG. 5. Describe performance standards for evaluating ESG. ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities. ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance. 9.a Packet Pg. 175 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 59 OMB Control No: 2506-0117 (exp. 09/30/2021) Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. All subrecipient providers should meet or exceed project quality goals established by HUD and CoC guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons. 9.a Packet Pg. 176 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to Annual Action Plan 2021 60 OMB Control No: 2506-0117 (exp. 09/30/2021) APPENDIX A: Low-Moderate Income Map 9.a Packet Pg. 177 Attachment: 1. HUD Annual Action Plan FY2021-2022 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial Amendment to EXHIBIT B FISCAL YEAR 2021-2022 DRAFT ACTION PLAN ACTIVITY RECOMMENDATIONS Activity *CDBG Allocation ESG Allocation HOME Allocation 2021 Grant Fund Allocation 3,307,949$ 290,457$ 1,395,707$ Program Income and Reprogrammed Fund 800,000$ 54,446$ 270,000$ Administration (maximum available)661,590$ 21,784$ 139,571$ Section 108 Repayment 772,323$ Micro-enterprise 35,000$ Fair Housing (IFHMB)1 73,000$ Small Business Micro Loan Program 230,979$ CDBG Program Total 1,772,892$ Public Facilities Projects Street Improvements2 1,535,057$ Public Facilities Projects Total 1,535,057$ -$ -$ Housing Programs/Projects Infill Housing 25,000$ Seccombe Park Housing Project 431,266$ Eastpointe Community - Homeownership 214,000$ Arrowhead Grove Phase 4 385,870$ U.S. Vets New Affordable Housing3 470,000$ Housing Programs/Projects Total -$ -$ 1,526,136$ Homeless Assistance Lutheran Social Services (LSS)54,173$ Step Up on Second 60,401$ -$ Salvation Army - Hospitality House 60,401$ Mary's Mercy Village 93,698$ Homeless Assistance Program 54,446$ Homeless Assistance Total Total Requested 3,307,949$ 344,903$ 1,665,707$ *Revised allocation as of May 13, 2021 1Required for all jurisdictions receiving CDBG funds. 2Below are the streets to be improved: 3Reprogrammed HOME funds in the amount of $270,000is funded towards this project 532 Ramona Avenue - W ard 1 Grape Street (W alnut Street to Mill Street) - Ward 3 2129 Wall Street - Ward 2 Davidson Avenue (Baseline to 14th) - W ard 6 938 N. G Street - Ward 2 2060 E. 18th Street - W ard 7 140 W . 13th Street - Ward 2 9.b Packet Pg. 178 Attachment: 2. CED.HUD Annual Action Plan.Draft FY2021-2022.Attachment2 [Revision 2] (7344 : Draft EXHIBIT B FISCAL YEAR 2021-2022 DRAFT ACTION PLAN ACTIVITY RECOMMENDATIONS 9.b Packet Pg. 179 Attachment: 2. CED.HUD Annual Action Plan.Draft FY2021-2022.Attachment2 [Revision 2] (7344 : Draft Annual Action Plan 2020 1 OMB Control No: 2506-0117 (exp. 09/30/2021) City of San Bernardino 2020-2021 Annual Action Plan Approved April 15, 2020 CDBG-CV1 Amendment Approved August 19, 2020 CDBG-CV3 Amendment Draft March 17, 2021 9.c Packet Pg. 180 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year Annual Action Plan 2020 2 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-15 Expected Resources – 91.220(c)(1,2) Introduction The City of San Bernardino estimates it will receive roughly $25 Million over the next five years from CDBG, HOME and ESG funds. In PY20 the City will receive:  CDBG $3,405,297  HOME $1,404,479  ESG $ 295,799 On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act of 2020 (Cares Act) was signed into law. Pursuant to the CARES Act, HUD has allocated $2,003,529 in Community Development Block Grant-Coronavirus (CDBG-CV1) funds, $1,019,997 in Emergency Solutions Grant- Coronavirus (ESG-CV1) funds and $3,422,960 in Emergency Solutions Grant-Coronavirus (ESG-CV2) funds to the City of San Bernardino to fund activities that prevent, prepare, and respond to the Coronavirus pandemic. As directed by HUD, the FY 2020-2021 Annual Action Plan was amended on August 19, 2020 to add Round 1 of CDBG-CV funded activities and Round 1 and 2 of ESG-CV funded activities. On September 11, 2020, HUD announced the City would receive $1,702,135 in CDBG-CV Round 3 funds. These funds must also be used to prevent, prepare for, and/or respond to the Coronavirus pandemic and the FY 2020-2021 Annual Action Plan should be further amended to add Round 3 funds. CDBG-CV3 will be used for buildings and improvements, including public facilities, such as improvements to libraries and community centers affected by the Coronavirus. 9.c Packet Pg. 181 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year Annual Action Plan 2020 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 3,405,297 17,000 800,368 4,222,665 13,200,000 The estimated amount of CDBG funds available over the planning period is based on allocations for FY 2019-2020. HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,404,479 726,658 1,459,854 3,590,991 10,750,000 The estimated amount of HOME funds available over the planning period is based on allocations for FY 2019-2020. 9.c Packet Pg. 182 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year Annual Action Plan 2020 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 295,799 0 72,444 368,243 1,200,000 The estimated amount of ESG funds available over the planning period is based on allocations for FY 2019-2020. Other public - federal Admin and Planning Overnight shelter Rapid re-housing (rental assistance) Other 4,442,957 0 0 4,442,957 0 ESG-CV1 and ESG-CV2 to be used to prevent, prepare for and respond to the Coronavirus. Other public - federal Admin and Planning Public Improvements Other 1,702,135 0 0 1,702,135 0 CDBG-CV3 funds to be used to prevent, prepare for and respond to the Coronavirus Other public - federal Public Improvements Rental Assistance Services Other 2,003,529 0 0 2,003,529 0 CDBG-CV funds to be used to prevent, prepare for and respond to the Coronavirus. Table 1 - Expected Resources – Priority Table 9.c Packet Pg. 183 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year Annual Action Plan 2020 5 OMB Control No: 2506-0117 (exp. 09/30/2021) Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the ne eds identified in the plan According to the City’s 2013-2021 Housing Element update, the City of San Bernardino has enough vacant land and land designated for residential use to satisfy all projected housing needs. Additionally, the City has not identified any constraints on these sites that would prevent development or reuse. The City estimates that 12,918 housing units could be accommodated on this land. Additionally, the governor of California continues to explore the use of state and federal surplus property to provide housing for homeless individuals Discussion The City has enough available land and residential designations to meet the affordable housing needs of the community. HUD allocations are critical to meeting these needs; however, they are not sufficient to address all the needs of LMI households. Therefore, the City will continue to continue to leverage other funding sources to provide services to populations in need. 9.c Packet Pg. 184 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year Annual Action Plan 2020 6 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Expand Home Ownership 2020 2025 Affordable Housing CityWide Expand Home Ownership HOME: $700,000 Homeowner Housing Added: 4 Household Housing Unit 2 Provide Homeless and Homeless Prevention Services 2020 2025 Homeless CityWide Provide Homeless and Homeless Prevention Services ESG: $368,243 ESG-CV1 and ESG-CV2: $4,442,957 Tenant-based rental assistance / Rapid Rehousing: 75 Households Assisted Homeless Person Overnight Shelter: 200 Persons Assisted Overnight/Emergency Shelter/Transitional Housing Beds added: 220 Beds 3 New Affordable Rental Housing 2020 2025 Affordable Housing CityWide New Affordable Rental Housing HOME: $739,825 Rental units constructed: 75 Household Housing Unit 4 Preserve and Rehabilitate Housing 2020 2025 Affordable Housing CityWide Preserve and Rehabilitate Housing HOME: $500,000 Rental units rehabilitated: 239 Household Housing Unit 5 Promote Economic Development 2020 2025 Economic Development CityWide Promote Economic Development CDBG: $798,021 Jobs created/retained: 214 Jobs Businesses assisted: 10 Businesses Assisted 9.c Packet Pg. 185 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year Annual Action Plan 2020 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Improve Facilities and Infrastructure 2020 2025 Non-Housing Community Development CityWide LMI Areas of the City Improve Facilities and Infrastructure CDBG: $2,670,585 CDBG-CV3: $1,361,708 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 32000 Persons Assisted 7 Fair Housing 2020 2025 Non-Housing Community Development CityWide Fair Housing CDBG: $73,000 Public service activities other than Low/Moderate Income Housing Benefit: 1000 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 0 Households Assisted 8 Planning and Administration 2020 2025 Program administration funds CityWide Preserve and Rehabilitate Housing Expand Home Ownership Provide Homeless and Homeless Prevention Services New Affordable Rental Housing Promote Economic Development Improve Facilities and Infrastructure Fair Housing CDBG: $681,059 HOME: $140,448 ESG: $22,185 CDBG-CV3: $340,427 ESG-CV1 and ESG-CV2: $444,296 Other: 1 Other Table 2 – Goals Summary 9.c Packet Pg. 186 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year Annual Action Plan 2020 8 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Descriptions 1 Goal Name Expand Home Ownership Goal Description $700,000 in HOME funds for 4 new infill owner-occupied units city-wide. 2 Goal Name Provide Homeless and Homeless Prevention Services Goal Description Rental assistance/Rapid Rehousing: 75 households Assisted; Homeless Persons Overnight Shelter: 200 Persons Assisted; Overnight/Emergency Shelter/Transitional Housing Beds added: 220 beds 3 Goal Name New Affordable Rental Housing Goal Description Will help fund the first phase of a possible three phase rental housing development to be constructed at Seccombe Park. 4 Goal Name Preserve and Rehabilitate Housing Goal Description Funds will assist with the rehabilitation of 239 affordable rental units at Foothill Villas (2601-2675 W 2nd Street). 5 Goal Name Promote Economic Development Goal Description Funding will assist a minimum of 10 small businesses. Funding will also be used for Section 108 Loan repayment for a revitalization project on Highland Avenue. The project is slated to create and retain 214 jobs. 6 Goal Name Improve Facilities and Infrastructure Goal Description Funding will be used to improve five community facilities including three parks, a community center and a senior center. CDBG-CV3 - Funding will be used to prevent, prepare and respond to COVID-1 to improve four community centers and three libraries. 9.c Packet Pg. 187 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year Annual Action Plan 2020 9 OMB Control No: 2506-0117 (exp. 09/30/2021) 7 Goal Name Fair Housing Goal Description Funds will be provided to IFHMB to provide investigation, education, reconciliation, and/or referral of housing discrimination complaints, free of charge, in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. 8 Goal Name Planning and Administration Goal Description Funds are allocated for City staff for planning and administration of HOME, CDBG, ESG funds for the various projects and grantee monitoring requirements. 9.c Packet Pg. 188 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year Annual Action Plan 2020 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund eligible projects in the following categories: preserve and rehabilitate housing; improve neighborhood conditions; expand homeownership opportunities; provide supportive services; new affordable housing construction or rehabilitation; new affordable housing construction; promote economic development; improve facilities and infrastructure; fair housing, and program planning and administration. Projects # Project Name 1 Infill Housing Program 2 First Time Home Ownership 3 HESG 2020-2021 San Bernardino 4 New Rental Housing Construction - Seccombe Park Housing Construction 5 Affordable Rental Housing Rehabilitation 6 Micro-Enterprise Program 7 Section 108 Repayment Program - Promote Economic Development 8 Improve Public Facilities and Infrastructure 9 Fair Housing 10 Planning & Administration 11 Homekey Motel Conversion 12 CDBG-CV- Eviction Prevention Program 13 CV- Senior Nutrition Program 14 CV- Grab and Go arts and crafts 15 CV- Personal Protective Equipment (PPE) 16 CV- Modifications to Public Facilities 17 CV- Planning and Administration 18 Substantial Amend Project 19 CDBG-CV3 - Administration 20 CDBG-CV3 – Lytle Creek Community Center 21 CDBG-CV3 - Fifth Street Senior Center 22 CDBG-CV3 - Encanto Community Center 23 CDBG-CV3 - Community Centers/Libraries Table 3 - Project Information 9.c Packet Pg. 189 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe the reasons for allocation priorities and any obstacles to addressing underserv ed needs The allocation priorities are a result of input received from the community and based on the identified needs such as the state of the City's infrastructure, housing stock and poverty. The primary obstacle in addressing underserved needs is insufficient resources to meet the ongoing needs of persons, especially those with special needs such as the homeless. 9.c Packet Pg. 190 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 12 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information 9.c Packet Pg. 191 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year Annual Action Plan 2020 13 OMB Control No: 2506-0117 (exp. 09/30/2021) 1 Project Name Infill Housing Program Target Area CityWide Goals Supported Expand Home Ownership Needs Addressed Expand Home Ownership Funding HOME: $700,000 Description Construction of single family ownership housing on vacant City-owned lots. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Four(4) families will benefit from this project. Location Description Citywide Planned Activities Homeownership Housing units added. 2 Project Name First Time Home Ownership Target Area Goals Supported Needs Addressed Funding : Description The amount has been reduced to zero pursuant to the suspension and waiver provided under the Flexibilities/Waiver Granted by the CARES Act. The City of San Bernardino has requested and received approval from HUD to reduce to zero percent the CHDO set-aside requirement for fiscal years 2017, 2018, 2019, and 2020 allocations. Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 9.c Packet Pg. 192 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 14 OMB Control No: 2506-0117 (exp. 09/30/2021) 3 Project Name HESG 2020-2021 San Bernardino Target Area CityWide Goals Supported Provide Homeless and Homeless Prevention Services Planning and Administration Needs Addressed Provide Homeless and Homeless Prevention Services Planning and Administration Funding ESG: $368,243 ESG-CV1 and ESG-CV2: $4,442,957 Description ESG Allocation: To provide funding for various Emergency Solutions Grant Program projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Administrative costs will not exceed 7.5% of ESG allocation; street outreach/emergency shelter will not exceed 60%. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Approximately 700 persons at very low income to zero income will benefit from the proposed activities. Location Description The following locations will benefit from ESG funding. 1. Community Action Partnership - 696 S. Tippecanoe Avenue, San Bernardino, CA 92408 2. Family Service Association of Redlands - 612 Lawton St, Redlands, CA 92374 3. Lutheran Social Services - 813 N D St, San Bernardino, CA 92401 4. Step Up on Second - 201 North E Street, San Bernardino, CA 92401 5. Salvation Army - 925 W. 10th Street, San Bernardino, 92411 6. Mental Health Systems (MHS) - 1738 N. Waterman Avenue, San Bernardino, 92404 7. Administration and Planning - 215 N D Street, San Bernardino, CA 92401 9.c Packet Pg. 193 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities The ESG Program will fund the following programs plus grant and project management. Additionally, the programs will receive CV funding to prepare for, prevent and respond to COVID. 1. Community Action Partnership. Provide homeless persons and those at risk of homelessness with temporary rental assistance, financial literacy education and linkages to other support services. Award $54,446 in ESG; and $74,999 in ESG-CV1. 2. Family Service Association of Redlands. Provide motel vouchers ($28,000), wraparound services and case management to prevent homelessness ($10,000) and rapidly re-house those individuals in need ($25,000). Award $63,000 in ESG. 3. Lutheran Social Services. Provide emergency shelter as a bridge to permanent housing ($50,000), wraparound services to help homeless men 18 years and older to achieve self-sufficiency. Lutheran Social Services staff will be utilizing the HMIS system ($20,000). Award $70,000 in ESG; $373,742 in ESG-CV1; $500,000 in ESG-CV2 4. Step Up On Second. Provide supportive services which begin with engagement and street outreach activities. Award $86,168 in ESG; $318,780 in ESG-CV1; $980,000 in ESG-CV2. 5. Salvation Army. Provide rapid rehousing. Award from prior year resources: $72,444; Provide emergency shelter and street outreach. Award $150,476 in ESG-CV1; Provide emergency shelter and street outreach. Award $150,476 ESG-CV2. 6. Mental Health Systems. Provide street outreach, housing and services to acutely mentally ill homeless persons. Award $1,450,188 in ESG-CV2. 7. Administration and Planning. $22,185 for FY 2020 ESG administration. $444,296 for adminstration of ESG-CV 1 and ESG- CV 2 funded programs. TOTAL: $4,811,200 4 Project Name New Rental Housing Construction - Seccombe Park Housing Construction Target Area CityWide Goals Supported New Affordable Rental Housing Needs Addressed New Affordable Rental Housing Funding HOME: $739,825 9.c Packet Pg. 194 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Description New affordable rental units constructed at Seccombe Park Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 75 families will benefit from this proposed project. Location Description Seccombe Park 160 E. 5th Street San Bernardino, CA Census Tract: 58.00 Planned Activities Construction of new affordable rental housing units 5 Project Name Affordable Rental Housing Rehabilitation Target Area CityWide Goals Supported Preserve and Rehabilitate Housing Needs Addressed Preserve and Rehabilitate Housing Funding HOME: $500,000 Description Rehabilitation of 239 existing rental housing units. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 239 families will benefit from this proposed project. Location Description Property address is 2601-2675 W. 2nd Street San Bernardino, CA Planned Activities Rehabilitation of existing rental housing units. 6 Project Name Micro-Enterprise Program Target Area CityWide Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $35,000 9.c Packet Pg. 195 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Provide business development training and support to income qualified existing or potential business owners. City staff monitors how many business have been created through Emprenadoras Program. Training class administration includes participant sign-in and intake forms. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Approximately ten existing or potential business owners will be trained. Location Description Citywide - Available to all existing or potential business owners. Workshops are held at City Hall located at 201 North E Street, San Bernardino, CA and at the Mexican Consulate located at 293 North D Street, San Bernardino, CA. Planned Activities The Micro-Enterprise program promotes economic development in the City. The program provides business development training and support to income qualified participants who wish to start their own business. The Program will use CDBG funds to provide education and training for existing or potential business owners, to launch and retain a successful businesses and improve business viability. City staff monitors how many business have been created through Emprenadoras Program. Training class administration includes participant sign-in and intake forms. 7 Project Name Section 108 Repayment Program - Promote Economic Development Target Area CityWide Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $763,021 Description Section 108 loan repayment for Arden Guthrie Property (B-03-MC-06- 0539, Loan number 119-090-0053-5801) obtained to forward economic revitalization and create jobs (214 jobs) in the City. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 214 individuals will benefit from this proposed activity. 9.c Packet Pg. 196 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description 17.43 acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino. Planned Activities A Section 108 loan, FY 2006, was obtained for the acquisition of 22 blighted and socially problematic apartment buildings in the North Arden Guthrie Area of the City. The City is moving forward with the sale of the property to a developer who will build a multi-tenant commercial shopping center. 8 Project Name Improve Public Facilities and Infrastructure Target Area CityWide Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG: $2,670,585 Description Three (3) parks will be funded for replacement of playground equipment in addition to an existing baseball field to be converted into a Miracle League park to be ADA compliant. A concrete/ADA project will also be funded to replace sidewalks and ADA accessibility. Encanto Community Center Phase I roof replacement/facility repairs. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities 32,000 persons within households earning an income level of 30% to 50% of AMI will benefit of the improvements made to these parks and facility. 9.c Packet Pg. 197 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description The City has proposed to fund the following three (3) parks, a community center and public facilities at a senior center: 1. Meadowbrook Fields Park - 179 E Rialto Ave., San Bernardino, CA 2. Anne Shirrel Park – 1367 North California, San Bernardino, CA 3. Nicholson Park - 2737 W. 2nd Street, San Bernardino, CA (Playground equipment replacement and existing baseball field conversion) 4. Encanto Community Center – Phase 1 – 1180 W. 9th Street, San Bernardino, CA Roof replacement/facility repairs. 5. Lytle Creek Community Center 6. Citywide Concrete Repairs – to replace sidewalks and ADA accessibility for Fifth Street Senior Center, Perris Hill Senior Center, Ruben Campos, Lytle Creek, Rudy Hernandez, Nicholson and Delmann Heights Community Centers. Planned Activities The City plans to improve three (3) parks, a community center and public facilities at a senior center. Specifically the replacement of playground equipment to provide safe equipment for the community in addition to a Miracle League Park for ADA compliant and citywide concrete repairs. 9 Project Name Fair Housing Target Area CityWide Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $73,000 Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities This program will benefit Low/Moderate Income Households/Tenants. Location Description Fair housing events and discrimination assistance will benefit aproximately 1,000 LMI households and tenants. 9.c Packet Pg. 198 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 20 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. 10 Project Name Planning & Administration Target Area CityWide Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG: $681,059 HOME: $140,448 Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and CDBG, HOME and ESG regulations. Annually, the City will monitor its use of CDBG and HOME funds to ensure effective and appropriate use of funds. CDBG Administration: $681,059; HOME Administration: $140,448. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities The entire city benefits from planning and administration efforts lead by the City. Location Description 201 North E Street, San Bernardino, CA 92401 Planned Activities Grant and Project Management 11 Project Name Homekey Motel Conversion Target Area CityWide Goals Supported Preserve and Rehabilitate Housing Needs Addressed Preserve and Rehabilitate Housing Funding HOME: $1,300,000 Description Provide HOME funding for the acquisition and/or rehabilitation of a motel or other buildings and convert them into permanent, supportive housing. Target Date 6/30/2021 9.c Packet Pg. 199 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type of families that will benefit from the proposed activities It is estimated that 50 families will benefit from the proposed activity. Location Description Two possible locations have been identified; currently negotiating with the owners. Planned Activities To acquire, modify and rehabilitate a motel or other buildings that will serve as permanent supportive housing for persons at risk of homelessness or homeless persons. 12 Project Name CDBG-CV- Eviction Prevention Program Target Area CityWide Goals Supported Provide Homeless and Homeless Prevention Services Needs Addressed Provide Homeless and Homeless Prevention Services Funding CDBG-CV: $1,060,000 Description The program's intent is to prevent evictions by providing payment of rent arrears to landlords of low-income tenants, in the City of San Bernardino, who have experienced financial hardship due to COVID-19. The program would be managed by Housing Authority of the County of San Bernardino, who has extensive experience in managing rental assistance programs countywide. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Approximately 300 families will benefit from the proposed ativity. Location Description City-wide Planned Activities Prevent evictions by providing payment of rent arrears to landlords of low- income tenants, who have experienced financial hardship due to COVID- 19. 13 Project Name CV- Senior Nutrition Program Target Area CityWide Goals Supported Needs Addressed 9.c Packet Pg. 200 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Funding CDBG-CV: $150,000 Description In order to continue providing nutritious meal to very low and low income seniors, meals will be made readily available city-wide for pick up by seniors or their families in order to protect seniors from exposure to COVID 19. The meals can be picked up at six different locations. Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities Approximately 350 senior citizens will benefit from the Senior Nutrition Program. Location Description The lunches will be distributed at the following Community Centers: Perris Hill Senior Center 780 East 21st Street Fifth Street Senior Center 600 West Fifth Street Hernandez Community Center 222 North Lugo Lytle Creek Community Center 380 South "K" Street Highland Senior Center 3102 East Highland Ave. New Hope Family Life Center 1505 West Highland Ave. Planned Activities Parks and Recreation will prepare hot, box meals for pick up. In order to protect seniors, who are especially vulnerable, from exposure to COVID-19 the nutrition program had to be changed to prevent and respond to COVID. By making the meals available for pick up city-wide the program is responding to and preventing the spread of COVID while providing nutritious meals to very low and low income seniors. 14 Project Name CV- Grab and Go arts and crafts Target Area CityWide Goals Supported Needs Addressed Funding CDBG-CV: $32,000 9.c Packet Pg. 201 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Description Parents or guardians are able to pick up craft kits for their children and make the crafts at home. Arts and crafts kits are distributed weekly at all community centers. The staff provides interactive instruction and participants share their work through social media. The manner in which the activity is conducted has been dictated by necessary precautions due to COVID-19. The activities are more expensive since supplies must be purchased new and can no longer be reused as in the past when children attended in-person classes. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Approximately 400 children will benefit from the program. 9.c Packet Pg. 202 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 24 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description Delmann Heights Community Center 2969 N. Flores San Bernardino, CA 92405 Rudy C. Hernandez Center 222 N. Lugo Avenue San Bernardino, CA 92408 Ruben Campos Community Center 1717 W. Fifth Street San Bernardino, CA 92410 Lytle Creek Community Center 980 South K Street San Bernardino, CA 92410 9.c Packet Pg. 203 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities Through the City's Parks, Recreation and Community Services Department, the Grab and Go arts and crafts kits will be distributed to children. Parents or guardians are able to pick up craft kits for their children and make the crafts at home. Arts and crafts kits are distributed weekly at all community centers. The staff provides interactive instruction and participants share their work through social media. The manner in which the activity is conducted has been dictated by necessary precautions due to COVID-19. The activities are more expensive since supplies must be purchased new and can no longer be reused as in the past when children attended in-person classes. 15 Project Name CV- Personal Protective Equipment (PPE) Target Area CityWide Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG-CV: $24,000 Description Upon reopening of senior centers, community centers, and libraries, staff will need to make available PPE and cleaning/sanitizing supplies to comply with the increased requirements in mandated reopening guidelines. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 36,000 families will benefit from the proposed activities. 9.c Packet Pg. 204 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 26 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description Delmann Heights Community Center 2969 N. Flores San Bernardino, CA 92405 Rudy C. Hernandez Center 222 N. Lugo Avenue San Bernardino, CA 92408 Ruben Campos Community Center 1717 W. Fifth Street San Bernardino, CA 92410 Lytle Creek Community Center 980 South K Street San Bernardino, CA 92410 Perris Hill Senior Center 780 E. 21st Street San Bernardino, CA 92404 Fifth Street Senior Center 600 West Fifth Street San Bernardino, CA 92410 Norman F. Feldheym Central Library 555 West 6th Street San Bernardino, CA 92410 Dorothy Inghram Branch Library 1505 W. Highland Avenue San Bernardino, CA 92411 Howard M. Rowe Branch Library 108 E. Marshall Blvd. San Bernardino, CA 92404 9.c Packet Pg. 205 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 27 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities During the COVID-19 , the City's Parks, Recreation and Community Services Department and the Library are revamping the areas to be able to prepare, prevent and respond to the pandemic. Therefore, upon reopening of senior centers, community centers, and libraries, staff will need to make available PPE and cleaning/sanitizing supplies to comply with the increased requirements in mandated reopening guidelines. 16 Project Name CV- Modifications to Public Facilities Target Area CityWide Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG-CV: $336,823 Description Prior to opening of public facilities, such as senior centers, community centers, and libraries, staff will need to modify the buildings to prepare for, prevent, and respond to COVID-19. Supplies and materials needed, such as tempered glass or Plexiglas, and PPE stations to meet the safety guidelines will be provided. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities It is estimated that 36,000 families will benefit from the proposed activities. 9.c Packet Pg. 206 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 28 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description The activities will be undertaken in all public facilities, such as senior centers, community centers, and libraries, citywide. Buildings for the exclusive purpose of carryng out government functions are excluded: Delmann Heights Community Center 2969 N. Flores San Bernardino, CA 92405 Rudy C. Hernandez Community Center 222 N. Lugo Avenue San Bernardino, CA 92408 Ruben Campos Community Center 1717 W. Fifth Street San Bernardino, CA 92410 Lytle Creek Community Center 980 South K Street San Bernardino, CA 92410 Perris Hill Senior Center 780 E. 21st Street San Bernardino, CA 92404 Norman F. Fedlheym Central Library 555 West 6th Street San Bernardino, CA 92410 Dorothy Inghram Branch Library 1505 W. Highland Avenue San Bernardino, CA 92411 Howard M. Rowe Branch Library 108 E. Mashall Blvd. 9.c Packet Pg. 207 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities Prior to opening of public facilities, such as senior centers, community centers, and libraries, staff will need to modify the buildings by installing tempered glass or Plexiglas, and PPE stations to prepare for, prevent, and respond to COVID-19 to meet the safety guidelines. 17 Project Name CV- Planning and Administration Target Area CityWide Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG-CV: $400,706 Description Planning and administering the programs Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities Plan and administer the program 18 Project Name Substantial Amend Project Target Area Goals Supported Needs Addressed Funding HOME: $210,718 Description The City will undertake a substantial amendment when it decides what the funds will be spent on ($210,718 - prior year resources) Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 9.c Packet Pg. 208 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 30 OMB Control No: 2506-0117 (exp. 09/30/2021) 19 Project Name CDBG-CV3 - Administration Target Area CityWide Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG-CV3: $340,427 Description Administration of the CDBG program Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 20 Project Name Target Area Goals Supported Needs Addressed Funding Description Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 21 Project Name CDBG-CV3 - Fifth Street Senior Center Target Area CityWide Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure 9.c Packet Pg. 209 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Funding CDBG-CV3: $175,000 Description Installation of a shade structure, to support the senior meal program in an open air setting, as well as a concrete access pathway. Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Fifth Street Senior Center 600 West Fifth Street, San Bernardino, CA 92410 Planned Activities Installation of a shade structure, to support the senior meal program in an open air setting, as well as a concrete access pathway. 22 Project Name CDBG-CV3 - Encanto Community Center Target Area Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG-CV3: $371,700 Description Lobby redesigned for social distancing, touchless automatic entry doors, installation of various touchless restroom equipment/fixtures, showers, partition walls and counters. Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Encanto Community Center 1180 West 9th Street, San Bernardino 92411. Planned Activities Lobby redesigned for social distancing, touchless automatic entry doors, installation of various touchless restroom equipment/fixtures, showers, partition walls and counters. 23 Project Name CDBG-CV3 - Community Centers/Libraries Target Area LMI Areas of the City 9.c Packet Pg. 210 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG-CV3: $515,008 Description Design and installation of touchless automatic entry doors at Fifth Street Senior Center, Perris Hill Senior Center, Feldheym Central Library, Howard M. Rowe Branch Library, and Villaseñor Branch Library. Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Fifth Street Senior Center - 600 West 5th Street, San Bernardino 92410 Perris Hill Senior Center - 780 East 21st Street, San Bernardino 92404 Feldheym Central Library - 555 West 6th Street, San Bernardino 92410 Howard M. Rowe Branch Library - 108 East Marshall Blvd., San Bernardino 92404 Villaseñor Branch Library - 525 North Mt. Vernon Ave., San Bernardino 92411 Planned Activities Design and installation of touchless automatic entry doors at Fifth Street Senior Center, Perris Hill Senior Center, Feldheym Central Library, Howard M. Rowe Branch Library, and Villaseñor Branch Library. 9.c Packet Pg. 211 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 33 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low -income and minority concentration) where assistance will be directed The City will use its funding for PY 2020-2021 to finance a variety of housing, community development, economic development, and capital improvement projects. The majority of the funding will be used to finance projects targeting low- to moderate-income individuals and families throughout the City. CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income. The 2010 U.S. Census identified approximately 68.9 percent of the City consisted of households with low or moderate incomes. A map of the Low / Moderate Income Target Areas is attached to this document. The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2010 Census, approximately 60 percent of the population is of Hispanic Origin, 19 percent is Non-Hispanic, White, 14.2 percent is Black, 3.8 percent is Asian and 2.9 percent is comprised of some “Other” race or ethnicity. Geographic Distribution Target Area Percentage of Funds CityWide 70 LMI Areas of the City 30 Table 4 - Geographic Distribution 9.c Packet Pg. 212 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Rationale for the priorities for allocating investments geographically The funding available under the 2020-2021 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2020-2021 Action Plan, the City established priority needs based on an in depth analysis of the several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low income neighborhoods where residents have the greatest need for housing/services. The City will focus on low to moderate income neighborhoods where there is a greatest need in the parks, such as having the playground equipment replaced, because those are the areas of greatest need. Discussion The City of San Bernardino has not designated any Neighborhood Revitalization Strategy Areas (NRSA) within in the City. 9.c Packet Pg. 213 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 35 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction In accordance with the Housing Needs Assessment of the Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals: 1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities and 3) Provide Assistance to Renter Households. One Year Goals for the Number of Households to be Supported Homeless 50 Non-Homeless 318 Special-Needs 75 Total 443 Table 5 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 75 The Production of New Units 79 Rehab of Existing Units 239 Acquisition of Existing Units 50 Total 443 Table 6 - One Year Goals for Affordable Housing by Support Type 9.c Packet Pg. 214 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Discussion The table “One Year Goals for the Number of Households to be Supported” consists of 50 homeless individual to be supported with housing, 368 units to be built, rehabilitated and acquired. The following projects detail households that will benefit as well as the number of units in the City to be constructed or rehabed.  Construciton of four (4) ownership housing units added through the Infill Program. Incomes will range from 50% to 80% of Area Median Income (AMI);  75 affordable rental units to be built at Seccombe Park;  Affordable rental housing rehabilitation of 239 existing units at Foothill Villas Apartments;  Rental assistance to 75 households at risk of homelessness or homeless;  Acquisiton of 50 units as Permanent Support Housing for homeless persons or persons at risk of  homelessness. 9.c Packet Pg. 215 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 37 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction Public housing and other assisted housing programs are crucial elements of the City’s efforts to address affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals. The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord, but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD). In 2019, the latest year for which data is available, HACSB provided 10,798 housing choice vouchers throughout San Bernardino County, assisting 25,331 individuals. Of those 10,798 housing choice vouchers, 2,694 were issued to San Bernardino City residents. The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino. Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following: Monitor At-Risk Units. The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk units Support and Assist Local Non-Profit Organizations. In order to develop or preserve the City's affordable stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership The City does not own any public housing units, therefore has not undertaken efforts to encourage public housing residents to become more involved in the management of public housing units. However, the Housing Authority of the County of San Bernardino (HACSB) does undertake actions to encourage public housing residents to contribute and participate in the management and HACSB has a homeownership program for residents of public housing. 9.c Packet Pg. 216 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 38 OMB Control No: 2506-0117 (exp. 09/30/2021) As for homeownership opportunities, the City has initiated an Infill Housing Program that will acquire distressed properties within San Bernardino, rehabilitate them and sell them to income qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually it has a moving to work designation which is a designation that a limited number of PHAs across the country have. Discussion See above discussion. 9.c Packet Pg. 217 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 39 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction According to the San Bernardino County 2019 Homeless PIT Count there were 883 homeless persons in the City. A total of 244 individuals were sheltered and 639 were unsheltered. To address this issue, the City will allocate approximately $368,273 (allocation plus prior year resources of $72,44) in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services. Additionally, the City will allocate $4,390,475 ($1,019,997 and $3,370,478) in ESG-CV1 and ESG-CV2 respectively, to prevent, prepare for and respond to the Coronavirus among the homeless. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing or to locate get housing placement. The City is continuing its contract in FY 2020-2021 with Step Up On Second, with the goal of reaching 78 homeless persons through street outreach, providing social service referrals to 49 of those 78 persons and facilitating the placement of 13 homeless persons into permanent housing. Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an emergency men’s shelter. Due to the changed circumstances as a result of Covid-19, LSSSC has decided it would be more prudent to rehabilitate their existing shelter, instead of building a new shelter as previously planned. The City will assist LSSSC by provding $500,000 for the rehabilitation and modification of the existing shelter to better prevent, prepare for and respond to Covid-19. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that 9.c Packet Pg. 218 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 40 OMB Control No: 2506-0117 (exp. 09/30/2021) individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and fam ilies who were recently homeless from becoming homeless again The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness. Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health. The City has partnered with Step Up on Second to provide street outreach services to homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to appointments and placement in permanent housing. To date, in FY 2019-2020, Step Up has housed 13 individuals and provided linkage to services to 78 persons. San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health f acilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10- Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning in order to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires 9.c Packet Pg. 219 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 41 OMB Control No: 2506-0117 (exp. 09/30/2021) that State and local governments have policies and protocols in place to ensure that persons being discharged from a publicly-funded institution or system of care are not discharged immediately into homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons being discharged into homelessness. Discussion In 2018, the City declared a shelter crisis which allowed agencies to apply for the State’s Homeless Emergency Aid Program (HEAP) funding. Four agencies serving homeless persons in the City of San Bernardino received $2.1 million in HEAP funds that can be used over four years. The CoC’s coordinated entry system provides a single point of entry for people who are homeless to be screened and assessed for a range of CoC and City funded homeless programs, including emergency shelters, transitional housing, permanent supportive housing, and rapid rehousing services. All contracted service providers report outcomes based on the countywide outcome standards developed by the County Office of Homeless Services, in order to inform future adjustments to the service system. In FY 18-19, the City facilitated the purchase of two (2) multi-family properties by Foothill Aids Project. In FY 19-20 those properties will be rehabilitated and leased to low-income persons with HIV/Aids. 9.c Packet Pg. 220 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 42 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following:  Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and funding was the City’s primary tool for assisting with neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects.  Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing.  Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development, but is necessary to facilitate pedestrian and vehicular access and movement in the City.  Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences.  Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single-family homes and poorly maintained multifamily complexes.  State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi- 9.c Packet Pg. 221 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 43 OMB Control No: 2506-0117 (exp. 09/30/2021) family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing: 1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot Consolidation. 2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower and moderate income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law. 3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2. 4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects. 5. The City will update its General Plan. 9.c Packet Pg. 222 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 44 OMB Control No: 2506-0117 (exp. 09/30/2021) Discussion: To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households. For PY 2020-2021, the City will continue to fund its Infill Housing Program and its Owner Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single family units owned by low and moderate income households. Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households. 9.c Packet Pg. 223 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 45 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: Priority Needs established in the FY 2020-2025 Five-Year Consolidated Plan, which form the basis for establishing objectives and outcomes in the FY 2020-2021 One-Year Action Plan, are as follows: High Priority  Preserve and Rehabilitate Housing  Expand homeownership opportunities  Provide Homeless and Homeless Prevention Services  Promote economic development and employment opportunities for low and moderate income persons. Micro-Enterprise Low Priority  New affordable Rental Housing  Improve and expand existing community facilities and infrastructure to meet current and future needs.  Eliminate identified impediments to fair housing through education, enforcement, and testing.  Planning and Administration – CDBG, HOME, and ESG  New Affordable Housing Construction or Rehabilitation  Expand homeownership opportunities – Infill Housing  First-Time Homeownership – CHDO 15% set-aside  New affordable rental housing Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order to leverage additional ongoing resources for housing and homeless services, the City is applying for the Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development to It anticipated that in the 2021 the City can receive up to $1.6 million in PLHA funds. The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households. Actions planned to foster and maintain affordable housing 9.c Packet Pg. 224 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 46 OMB Control No: 2506-0117 (exp. 09/30/2021) The City will invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner-Occupied Rehabilitation Loan Program. Actions planned to reduce lead-based paint hazards To reduce lead-based paint hazards and in accordance, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner Occupied Residential Rehabilitation Program will be tested for lead based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35. Actions planned to reduce the number of poverty-level families For PY 2020-2021, the City will support:  An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate income households  Micro Enterprise Program that will provide small business development training and support to income qualified clients who are wish to start their own small business.  Service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families.  The improvement of various park facilities within income-eligible areas of the City that provide recreational and support services to low- and moderate-income residents of the City.  The efforts of HACSB, who provides rental assisance and conventional housing to low-income households.  The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services.  The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness.  The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides persons who are at imminent risk of becoming homeless with problem solving support to retain current housing or to locate another housing placement. Actions planned to develop institutional structure During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e. CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved 9.c Packet Pg. 225 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 47 OMB Control No: 2506-0117 (exp. 09/30/2021) with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This will allow to coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing. Actions planned to enhance coordination between public and private housing and social service agencies During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development. Discussion: The implementation of the PY 2020-2021 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies. 9.c Packet Pg. 226 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 48 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: In the implementation of programs and activities under the 2020-2021 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate income. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 817,368 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 817,368 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 80.00% 9.c Packet Pg. 227 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 49 OMB Control No: 2506-0117 (exp. 09/30/2021) HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The City does not anticipate using other forms of investment beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254: 1. If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. 2. If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent: (2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount. 3. In no event shall City’s recovery exceed the amount of the Net Proceeds. 9.c Packet Pg. 228 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 50 OMB Control No: 2506-0117 (exp. 09/30/2021) The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows: Amount of HOME Subsidy Period of Affordability  Amount of HOME Subsidy: Less than $15,000 Period of Affordability: 5 years  Amount of HOME Subsidy: $15,000 to $40,000 Period of Affordability: 10 years  Amount of HOME Subsidy: More than $40,000 Period of Affordability:15 years The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs. The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available 9.c Packet Pg. 229 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 51 OMB Control No: 2506-0117 (exp. 09/30/2021) for various programs and/or when contracts and renewal periods with applicants expire and new NOFAs and RPS are released. Emergency Solutions Grant (ESG) Reference 91.220(l)(4) 1. Include written standards for providing ESG assistance (may include as attachment) Please refer to an attachment incluced in Admin (AD-26). 2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low cost health and human service providers. 211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org. Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness. 3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations). The City of San Bernardino will competitively procure for services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year Plan to End Homelessness. The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their 9.c Packet Pg. 230 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 52 OMB Control No: 2506-0117 (exp. 09/30/2021) contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past performance are also considered. Based on this review, Community and Economic Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2020-2021 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval. 4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City. The ICH is charged with directing, coordinating and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy recommendations. As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known 9.c Packet Pg. 231 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 53 OMB Control No: 2506-0117 (exp. 09/30/2021) as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub- recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG. 5. Describe performance standards for evaluating ESG. ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities. ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance. Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. All subrecipient providers should meet or exceed project quality goals established by HUD and CoC guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons. 9.c Packet Pg. 232 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 54 OMB Control No: 2506-0117 (exp. 09/30/2021) Housing Trust Fund (HTF) Reference 24 CFR 91.220(l)(5) 1. Distribution of Funds a. Describe the eligibility requirements for recipients of HTF funds (as defined in 24 CFR § 93.2). b. Describe the jurisdiction’s application requirements for eligible recipients to apply for HTF funds. c. Describe the selection criteria that the jurisdiction will use to select applications submitted by eligible recipients. d. Describe the jurisdiction’s required priority for funding based on geographic distribution, which is a description of the geographic areas of the State (including areas of low-income and minority concentration) in which it will direct assistance during the ensuing program year. e. Describe the jurisdiction’s required priority for funding based on the applicant's ability to obligate HTF funds and undertake eligible activities in a timely manner. f. Describe the jurisdiction’s required priority for funding based on the extent to which rents for units in the rental project are affordable to extremely low-income families. g. Describe the jurisdiction’s required priority for funding based on the financial feasibility of the project beyond the required 30-year period. h. Describe the jurisdiction’s required priority for funding based on the merits of the application in meeting the priority housing needs of the jurisdiction (such as housing that is accessible to transit or 9.c Packet Pg. 233 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 55 OMB Control No: 2506-0117 (exp. 09/30/2021) employment centers, housing that includes green building and sustainable development features, or housing that serves special needs populations). i. Describe the jurisdiction’s required priority for funding based on the location of existing affordable housing. j. Describe the jurisdiction’s required priority for funding based on the extent to which the application makes use of non-federal funding sources. 2. Does the jurisdiction’s application require the applicant to include a description of the eligible activities to be conducted with HTF funds? 3. Does the jurisdiction’s application require that each eligible recipient certify that housing units assisted with HTF funds will comply with HTF requirements? 4. Performance Goals and Benchmarks. The jurisdiction has met the requirement to provide for performance goals, consistent with the jurisdiction’s goals established under 24 CFR 91.215(b)(2), by including HTF in its housing goals in the housing table on the SP-45 Goals and AP-20 Annual Goals and Objectives screens. 5. Rehabilitation Standards. The jurisdiction must establish rehabilitation standards for all HTF-assisted housing rehabilitation activities that set forth the requirements that the housing must meet upon project completion. The jurisdiction’s description of its standards must be in sufficient detail to determine the required rehabilitation work including methods and materials. The standards may refer to applicable codes or they may establish requirements that exceed the minimum requirements of the codes. The jurisdiction must attach its rehabilitation standards below. If the jurisdiction will not use HTF funds for the rehabilitation of housing, enter “N/A”. In addition, the rehabilitation standards must address each of the following: health and safety; major systems; lead-based paint; accessibility; disaster mitigation (where relevant); state and local codes, ordinances, and zoning requirements; Uniform Physical Condition Standards; and Capital Needs Assessments (if applicable). 6. Resale or Recapture Guidelines. Below, the jurisdiction must enter (or attach) a description of the 9.c Packet Pg. 234 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 56 OMB Control No: 2506-0117 (exp. 09/30/2021) guidelines that will be used for resale or recapture of HTF funds when used to assist first-time homebuyers. If the jurisdiction will not use HTF funds to assist first-time homebuyers, enter “N/A”. 7. HTF Affordable Homeownership Limits. If the jurisdiction intends to use HTF funds for homebuyer assistance and does not use the HTF affordable homeownership limits for the area provided by HUD, it must determine 95 percent of the median area purchase price and set forth the information in accordance with §93.305. If the jurisdiction will not use HTF funds to assist first-time homebuyers, enter “N/A”. 8. Limited Beneficiaries or Preferences. Describe how the jurisdiction will limit the beneficiaries or give preferences to a particular segment of the extremely low- or very low-income population to serve unmet needs identified in its consolidated plan or annual action plan. If the jurisdiction will not limit the beneficiaries or give preferences to a particular segment of the extremely low- or very low-income population, enter “N/A.” Any limitation or preference must not violate nondiscrimination requirements in § 93.350, and the jurisdiction must not limit or give preferences to students. The jurisdiction may permit rental housing owners to limit tenants or give a preference in accordance with § 93.303 only if such limitation or preference is described in the action plan. 9. Refinancing of Existing Debt. Enter or attach the jurisdiction’s refinancing guidelines below. The guidelines describe the conditions under which the jurisdiction will refinance existing rental housing project debt. The jurisdiction’s refinancing guidelines must, at minimum, demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. If the jurisdiction will not refinance existing debt, enter “N/A.” <TYPE=[section 9 end]> Discussion: See above discussion. 9.c Packet Pg. 235 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Annual Action Plan 2020 57 OMB Control No: 2506-0117 (exp. 09/30/2021) 9.c Packet Pg. 236 Attachment: 3. CED. Substantial Amendment to FY2020-2021 AAP.Attachment 3 (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & TABLE 1 CDBG-CV3 FISCAL YEAR 2020-2021 SUBSTANTIAL AMENDMENT DRAFT FUNDING RECOMMENDATIONS Activity Activity Description 2021 Grant Fund Allocation 1,702,135.00$ 1,702,135.00$ Administration @ 20%*$ 340,427.00 $ 340,427.00 Administration of the CDBG program such as planning and research. Fifth Street Senior Center 175,000.00$ 175,000.00$ Installation of shade structure to support senior meal program outdoors in an open air setting and concrete pathway work Encanto Community Center - Bldg. Improvements 371,700.00$ 371,700.00$ Lobby redesigned for social distancing, touchless automatic entry doors, installation of various touchless restroom equipment/fixtures, showers, partition walls and counters. Community Centers/Libraries 815,008.00$ 815,008.00$ Design and installation of touchless automatic entry doors at the following locations: 1. 5th Street Senior Center 2. Perris Hill Senior Center 3. Feldheym Central Library (F Street Door) 4. Howard M. Rowe Branch Library 5. Lytle Creek Community Center 6. Villaseñor Branch Library Total $ 1,702,135.00 $ 1,702,135.00 *Update of the City's Emergency Operations Plan (EOP) and Local Hazard Mitigation Plan (LHMP) recommended for $168,000 is included in the 20% Administration budget. The remaining $172,427 is for CDBG-CV 3 general administration. CDBG-CV3 Requested CDBG-CV3 Recommended 9.d Packet Pg. 237 Attachment: 4. CED.CDBG-CV3 Project Proposals Fy 2020-2021 Substantial Amendment to FY 2020-2021 9.e Packet Pg. 238 Attachment: 5. CED.HUD Annual Action Plan PY2021-2022. Public Notices (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial 9.e Packet Pg. 239 Attachment: 5. CED.HUD Annual Action Plan PY2021-2022. Public Notices (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial 9.e Packet Pg. 240 Attachment: 5. CED.HUD Annual Action Plan PY2021-2022. Public Notices (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Substantial 9.f Packet Pg. 241 Attachment: 6. CED.Substantial Amendment to FY2020-2021 AAP. Public Notices (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & 9.f Packet Pg. 242 Attachment: 6. CED.Substantial Amendment to FY2020-2021 AAP. Public Notices (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & 9.f Packet Pg. 243 Attachment: 6. CED.Substantial Amendment to FY2020-2021 AAP. Public Notices (7344 : Draft Fiscal Year 2021-2022 Annual Action Plan & Page 1 Public Hearing City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Warehouse Moratorium (All Wards) Recommendation Per City Council direction provided on May 19th, 2021, review and consider the following action: Read by title only, waive further reading, and adopt Urgency Ordinance No. MC -1561 of the Mayor and City Council of the City of San Bernardino, California, establishing a temporary 45-day moratorium on the establishment, expansion or modification of warehouse, distribution, logistics, truck terminal and truck storage facilities and related uses within the City of San Bernardino. Background On May 19, 2021, the Mayor and City Council received a report and considered options for establishing warehouse development standards as part of the General Plan and Development Code or adopting a city-wide warehouse moratorium. Subsequent to discussion, the City Council voted 5 to 2 to have staff prepare an urgency ordinance establishing a city-wide warehouse moratorium for review and consideration at the next regular meeting of the Mayor and City Council. Discussion Over the last 16 years since the General Plan was last updated, there has been a marked increase in industrial development including warehouse, distribution, logistics, fulfillment center, manufacturing and other similar development in these areas of t he City. This warehouse development was reviewed, approved and found to be consistent with the General Plan and Specific Plan policies established at the time. For the benefit of this discussion, the term “Warehouse” will be used to refer to the uses pre viously mentioned above. Since 2015, the City has processed and approved 26 warehouse projects equaling 9,598,255 square feet. The City is currently processing three warehouse projects and five truck storage facilities. As the Planning Division has processed these warehouse entitlements, staff has identified that the land use classifications, definitions, development standards, performance standards and design guidelines are not 10 Packet Pg. 244 7364 Page 2 adequate for ensuring quality development that is compatible with surroundi ng land uses. To address these concerns, at the request of the City Council, staff is proposing an urgency ordinance (45 day moratorium) pursuant to Government Code Section 65858 to halt the negative impacts related to new warehouses until such time tha t the impacts are adequately analyzed. The moratorium will afford the City time to examine specific impacts related to land use compatibility, traffic and safety, infrastructure, environmental and health impacts. Such analysis will lead to the formulation of development and performance standards that are intended to preserve the health, safety and welfare of the community. Government Code Section 65858 authorizes the Mayor and City Council, without following procedures otherwise required for the adoption of a zoning ordinance and in order to protect the public health, safety and welfare, to adopt by a 4/5 vote , an interim moratorium Ordinance that is valid for 45 days from the date of the adoption. Then, after notice and public hearing, the Mayor and City Council may extend the interim moratorium, also requiring a 4/5 vote, for an additional 10 months and 15 days. Thereafter, the interim moratorium may be extended again for one additional year. An interim moratorium cannot exceed a maximum combined total of two years. If adopted, while the interim moratorium is in effect, staff would thoroughly study the impacts and begin the preparation of an amendment to the City’s Development Code. As drafted, any projects which have received entitlements for d evelopment prior to the effective date of this ordinance, and for which applicable appeal periods have run, shall be considered exempt from the effects of the moratorium. This exemption covers projects previously approved by the Mayor and City Council, Pl anning Commission, and Director of Community Development in accordance with the San Bernardino Municipal Code, applicable Specific Plan, or other applicable rules/agreement governing the approval of the development project. 2020-2025 Key Strategic Targets and Goals The consideration of an interim moratorium aligns with Key Target No. 3: Improve Quality of Life. Specifically, the general intent of this action would be to evaluate the impacts associated with Warehouse development and operations identifying solutions for improving the quality of life in San Bernardino. Fiscal Impact There is no fiscal impact related to the consideration of this item. Conclusion Per City Council direction provided on May 19th, 2021, review and consider the following action: Read by title only, waive further reading, and adopt Urgency Ordinance No. MC -15XX of the Mayor and City Council of the City of San Bernardino, California, establishing a 10 Packet Pg. 245 7364 Page 3 temporary 45-day moratorium on the establishment, expansion or modification of warehouse, distribution, logistics, truck terminal and truck storage facilities and related uses within the City of San Bernardino. Attachments Attachment 1 Ordinance MC-1561 Ward: All Synopsis of Previous Council Action: April 7, 2021 City Council directed staff to bring back an item for the possible consideration of a citywide warehouse moratorium at a future Council meeting. May 19, 2021 The City Council directed staff prepare an urgency ordinance establishing a temporary 45-day moratorium on the establishment, expansion or modification of warehouse, distribution, logistics, truck terminal and truck storage facilities and related uses within the City of San Bernardino for Council consideration. 10 Packet Pg. 246 URGENCY ORDINANCE MC-1561 AN URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858, ENACTING FOR A PERIOD OF FORTY-FIVE (45) DAYS, A MORATORIUM ON THE APPROVAL OF LAND USE ENTITLEMENTS AND ALL LICENSE OR PERMIT APPLICATIONS FOR WAREHOUSES THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. In accordance with the California Government Code Section 65858 and in order to protect the public health, safety and welfare, the City Council of the City of San Bernardino makes certain findings as follows: A. Government Code Section 65858 authorizes the City to adopt an interim Urgency Ordinance to protect the public safety, health and welfare and to prohibit uses which may be in conflict with a contemplated General Plan or zoning proposal which the City is considering, studying or intends to study within a reasonable time. B. Government Code Sections 36934 and 36937 expressly authorize the City Council to enact urgency ordinances, which take effect immediately upon introduction, for the immediate preservation of the public peace, health, or safety, containing a declaration of the facts constituting the urgency, and which must be passed by a four-fifths vote of the City Council. C. The City has determined that, due to the recent and rapid expansion of e- commerce in recent years, the City has seen an exponential increase in industrial developments within the City and neighboring communities, particularly warehouses, distribution centers, and logistics facilities (collectively, “Warehouses”), which include any use for the conduct, business, or management of warehousing, storing, safekeeping, freight forwarding, handling, keeping inventory, and/or distribution activities for any product or component, including but not limited to goods, wares, consumer products, materials, or merchandise, partially or wholly within an enclosed space, building, or other structure; and/or the storage, repair and maintenance of related tractor trailers and heavy trucks in an open truck storage yard. D. Over the last 16 years since the General Plan was last updated, there has been a marked increase in industrial development including warehouse, distribution, logistics, fulfillment center, manufacturing and other similar development in these areas of the City. Since 2015, the City has processed and approved 26 Warehouse 10.a Packet Pg. 247 Attachment: Attachment 1- Ordinance MC-1561 (7364 : Warehouse Moratorium (All Wards)) Urgency Ordinance MC-15XX 2 projects equaling 9,598,255 square feet. The City is currently processing three warehouse projects and five truck storage facilities. As the Planning Division processes Warehouse entitlements, staff has identified that the land use classifications, definitions, development standards, performance standards and design guidelines are not adequate for ensuring quality development that is compatible with surrounding land uses. E. With this increase in warehouses, residents and businesses within the City have faced increased truck traffic and the following related adverse impacts including:  Increased safety risk for smaller vehicles, pedestrians, and bicyclists;  Damage to City streets and property/facilities from collisions (reported and unreported), such as street lights, traffic signal equipment, signs, trees, curbs, medians, etc.;  Traffic congestion and reduced levels of service on streets and at intersections;  Deterioration to air quality affecting the community’s quality of life;  Noise, light and vibrations issues affecting the abutting and/or adjacent residential uses; and  Reducing the quality of life for many areas of the community since many of the Warehouse operations are 24 hours a day 365 days a year. F. The City has additional concerns regarding the compatibility of warehouse uses that are adjacent or near to sensitive uses such as schools and residences, as warehouses oftentimes operate on a 24-hour basis and cause deteriorating air quality, health, noise, vibration, and other disruptions to the peace and quiet that is necessary for the enjoyment of residential neighborhoods and efficacy of educational uses. G. The close proximity of warehouses to schools and residential uses also causes a decline in aesthetic standards and visual quality to those living in the residences and going to schools. H. The City has determined that warehouse uses have a detrimental impact upon the City, which are not being addressed by the City’s current ordinances and development regulations. I. There is a need to study and develop policy guidance to ensure there is logical relationship between the placement of warehouses and available truck routes to avoid the deleterious effects of routing trucks past sensitive uses. 10.a Packet Pg. 248 Attachment: Attachment 1- Ordinance MC-1561 (7364 : Warehouse Moratorium (All Wards)) Urgency Ordinance MC-15XX 3 J. The City intends to update the comprehensive General Plan and San Bernardino Municipal Code (i.e., Development Code) to further address the potential side effects of Warehouses to ensure that they are properly regulated within the City. J. The City may also address truck yards, and associated buildings, queuing, stacking, loading, unloading and parking of trucks. K. City staff, the City’s Planning Commission, and the City Council require a reasonable period of time to study existing warehouse and truck storage facility regulations and developments to determine the potential adverse impacts on the environment, traffic, aesthetics, and visual quality of properties within the City, and to make recommendations on appropriate alternative regulations for warehouses and truck storage facilities within the City. L. The City desires to establish, on an urgency basis, a temporary moratorium on the establishment, expansion, or modification of warehouses and truck storage facility uses within the City through the adoption of this Ordinance to further the purposes stated herein. SECTION 2. Moratorium. (a) The City of San Bernardino shall not issue or approve any general plan amendment, specific plan, specific plan amendment, zone change, building permit, occupancy permit, conditional use permit, variance, subdivision map or other land use entitlement or permit or regulatory license or permit required to comply with the provisions of the City of San Bernardino Municipal Code for Warehouses during the time that this interim urgency ordinance is in effect, and continuing for the time set forth in any action taken to extend this moratorium. For the purposes of this Ordinance, the term Warehouses shall mean warehouses, distribution centers, logistics facilities, truck storage yards and related uses. The term Warehouses shall also include any other land use primarily involving the conduct, business, or management of warehousing, storing, safekeeping, freight forwarding, handling, keeping inventory, and/or distribution activities for any product or component, including but not limited to goods, wares, consumer products, materials, or merchandise, partially or wholly within an enclosed space, building, or other structure; and/or the storage, repair and maintenance of related tractor trailers and heavy trucks in an open truck storage yard. (b) Exempt Approved Projects. Any projects which have received entitlements for development prior to the effective date of this Ordinance, and for which applicable appeal periods have run, shall be considered exempt from this Ordinance. This exemption covers projects previously approved by the Mayor and City Council, Planning Commission, and Director of Community Development in accordance with the San Bernardino Municipal Code, applicable Specific Plan, or other applicable rules/agreement governing the approval of the development project. 10.a Packet Pg. 249 Attachment: Attachment 1- Ordinance MC-1561 (7364 : Warehouse Moratorium (All Wards)) Urgency Ordinance MC-15XX 4 SECTION 3. Urgency. The City Council hereby finds and determines that adoption of this Urgency Ordinance is necessary for the current and immediate protection of the public health, safety, and welfare of the City and its residents for all the reasons set forth in the Findings above, which are hereby expressly incorporated by reference as though fully set forth herein. SECTION 4. Study. The City Council hereby directs the Community and Economic Development Department to study and develop potential amendments to the General Plan, any specific plan, Municipal Code, or an y other governing City of San Bernardino planning document or policy related to land use entitlements and all license or permit applications that would allow the operation of warehouses in a manner more compatible with the public health, safety, and welfare. SECTION 5. Compliance with California Environmental Quality Act. The City Council finds that this Urgency Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment pending the completion of zoning code revisions and related impact studies. SECTION 6. Severability. If any section or provision of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Urgency Ordinance shall remain valid. The City Council hereby declares that is would have adopted this Urgency Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 7. Effective Date. This Urgency Ordinance is declared an urgency measure necessary for the immediate protection and preservation of the public peace, health, safety, and welfare for the reasons stated above, and it takes effect immediately upon adoption by the City Council by at least a four-fifths vote. SECTION 8. Written Report. At least ten (10) days before this Urgency Ordinance or any extension expires, the City Manager shall issue a written report describing the measures taken to alleviate the conditions which led to the adoption of this Urgency Ordinance. SECTION 9. Publishing. The City Clerk shall certify to the passage of this Urgency Ordinance and cause the same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation, printed and published in San Bernardino, California. SECTION 10. Term. This Ordinance is an Urgency Ordinance enacted pursuant to Government Code section 65858. The term of this Urgency Ordinance shall be for forty five (45) 10.a Packet Pg. 250 Attachment: Attachment 1- Ordinance MC-1561 (7364 : Warehouse Moratorium (All Wards)) Urgency Ordinance MC-15XX 5 days from the date of adoption and shall expire and be of no further force or effect, unless and until extended in accordance with Government Code Section 65858. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this day of , 2021. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney 10.a Packet Pg. 251 Attachment: Attachment 1- Ordinance MC-1561 (7364 : Warehouse Moratorium (All Wards)) Urgency Ordinance MC-15XX 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Urgency Ordinance No. MC-XXXX, adopted by the City Council of the City of San Bernardino, California, at a regular meeting held the day of 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this day of 2021. ______________________________ Genoveva Rocha, CMC, City Clerk 10.a Packet Pg. 252 Attachment: Attachment 1- Ordinance MC-1561 (7364 : Warehouse Moratorium (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Edelia Eveland, Director of Human Resources Subject: Risk Management Insurance Renewal Fiscal Year 2021-22 (All Wards) Recommendation Adopt Resolution No. 2021-125 of the Mayor and City Council of the City of San Bernardino, California, approving the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance, and cyber insurance policies. Background On July 15, 2020, the Mayor and City Council adopted Resolution No. 2020 -176, approving the annual renewal of the City’s various insurance policies through Alliant. Starting in FY 2020-21, the City purchased insurance policies through Public Risk Innovation, Solutions, and Management (PRISM), a member-directed risk sharing pool of public agencies committed to providing risk coverage programs and risk management services, to drive member stability, efficiency, and best practices. The specific policies include Excess General Liability (bodily injury, property damage, personal injury, public officials’ liability, and employment practices), Master Crime, Property, and Cyber. On August 5, 2020, the Mayor and City Council received and filed an update on the excess general liability insurance policy placed with PRISM. Discussion U.S. wildfires, storms, protests and large jury verdicts have created intense pressure on insurance companies in North America. While COVID-19 has added new types of losses, more so, it created additional uncertainty to an already difficult insurance marketplace. Public entities and the insurance industry have witnessed dramatic increases in liability loss development in recent years which has constrained the insurance market, limiting the capacity and availability of carriers willing to write coverage for California public entity business. At this time, the City is part of a strong insurance pool through PRISM providing the City cost containment to the extent possible during difficult market conditions. Pooled insurance purchasing power typically provides for broader coverage at the lowest rates available. The excess liability insurance program with a $5 million self-insured retention and a $20 million policy limit provides coverage for catastrophic incidents such as bodily injury, 11 Packet Pg. 253 7063 Page 2 property damage, personal injury, public officials’ errors and omissions liability, automobile liability and employment practices liability. The City’s not to exceed premium for FY 2021-22 is $1,288,000, as compared to last year’s not to exceed premium of $1,050,602. The excess workers’ compensation insurance with a $1 million self -insured retention provides coverage for catastrophic injury to City employees. The policy limit extends statutory coverage for claims up to the amount required by law, without limits. The City’s not to exceed premium for FY 2021 -22 is $398,000, as compared to last year's not to exceed premium of $384,275. The master crime insurance policy covers illegal acts committed by employees while on the job including theft, forgery, inside premises (theft of money and securities/robbery), computer fraud, money order and counterfeit paper currency, and outside premises. The policy has a $2,500 self-insured retention with a limit of $15 million. The City’s not to exceed premium for FY 2021-22 is $17,400, as compared to last year’s not to exceed premium of $14,000. The City purchases cyber liability insurance for reimbursement coverage in response to information security and privacy liability, website media content liability, cyber extortion and first party data protection. The policy has a $25,000 self -insured retention with a limit of $12 million. The City’s not to exceed premium for FY 2021-22 is $25,634, as compared to last year’s not to exceed premium of $6,350. Estimated premium is driven by ransomware surges in recent years, with no foreseeable slowdown. All industry segments have been impacted by these damages. 2020-2025 Key Strategic Targets and Goals Approving the renewal of the City’s various insurance policies aligns with Key Target No. 1: Financial Stability. Fiscal Impact The financial impact to the City is for an amount not to exceed $1,729,034. Sufficient funding is included in the FY 2021-22 Proposed Operating Budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-125 approving the annual renewal of the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance, and cyber insurance. Attachments Attachment 1 Resolution No. 2021-125 Attachment 2 Resolution No. 2021-125; Exhibit A - 2021-22 Insurance Renewal Presentation Ward: All 11 Packet Pg. 254 7063 Page 3 Synopsis of Previous Council Actions: July 17, 2020 Mayor and City Council adopted Resolution No. 2020-176, approving the annual renewal of the City’s various insurance policies negotiated through Alliant for the term beginnin g August 1, 2020 and ending July 31, 2021 for: (1) a pro-rated premium not to exceed $820,190 for property insurance for the term beginning August 1, 2020 and ending March 31, 2021; (2) for a premium not to exceed $6,350 for cyber liability insurance for t he term beginning August 1, 2020 and ending July 1, 2021; and (3) for a premium not to exceed $3,500,000 for excess liability insurance; AND authorized an amendment to the FY 2020-21 Adopted Budget in the amount of $2,113,229 to be appropriated into the Liability Insurance Fund, Account Number 629-110-0056-5161, from the General Fund Reserves and authorize staff to continue exploring options for containing excess general liability insurance costs and to bring back an update in August of the outcome and option selected. Mayor and City Council adopted Resolution No. 2020 -178, to: Remain a member of CSAC Excess Insurance Authority; Becoming a Member of Public Risk Innovation, Solutions, and Management; and authorized the City Manager to act on the City’s behal f in relation to these entities. August 5, 2020 The Mayor and City Council received and filed and update on the selection of excess general liability insurance with PRISM for a not to exceed premium of $1,050,602. 11 Packet Pg. 255 Resolution No. 2021-125 RESOLUTION NO. 2021-125 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE ANNUAL RENEWAL OF THE CITY’S EXCESS GENERAL LIABILITY INSURANCE, EXCESS WORKERS’ COMPENSATION INSURANCE, CRIME INSURANCE, AND CYBER INSURANCE WHEREAS, on July 17, 2020, the Mayor and City Council adopted Resolution No. 2020-176, approving the annual renewal of the City’s excess liability, crime insurance, and cyber insurance negotiated through Alliant with their pooled insurance carrier Public Risk Innovation, Solutions, Management (PRISM); and WHEREAS, the City purchases various insurance policies to cover for specified losses, damages, or injuries resulting from a covered cause of loss; and WHEREAS, purchasing excess general liability insurance, excess workers’ compensation insurance, crime insurance and cyber insurance for policy term beginning July 1, 2021 and ending June 30, 2022 meets the City’s insurance coverage needs. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to purchase the City’s excess general liability insurance, excess workers’ compensation insurance, crime insurance, and cyber insurance for policy term beginning July 1, 2021 and ending June 30, 2022. SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this __ day of __________ 2021. 11.a Packet Pg. 256 Attachment: Attachment 1 - Resolution 2021-125: Risk Management Insurance Renewal Fiscal Year 2021-22 [Revision 1] (7063 : Risk Resolution No. 2021-125 John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 11.a Packet Pg. 257 Attachment: Attachment 1 - Resolution 2021-125: Risk Management Insurance Renewal Fiscal Year 2021-22 [Revision 1] (7063 : Risk Resolution No. 2021-125 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-125, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 11.a Packet Pg. 258 Attachment: Attachment 1 - Resolution 2021-125: Risk Management Insurance Renewal Fiscal Year 2021-22 [Revision 1] (7063 : Risk City of San Bernardino2021-2022 Insurance Renewal EXHIBIT A11.bPacket Pg. 259Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk ContentsPART 12020 Summary of CoveragePART 22021 Summary of CoveragePART 3General LiabilityPART 4Excess Workers CompensationPART 5CyberPART 6CrimeCity of San Bernardino 2021 Insurance Renewal0211.bPacket Pg. 260Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk COVERAGEPREMIUMLIMITSGeneral Liability$25,000,000$990,5202020 Summary of CoverageDEDUCTIBLE/SIR$5,000,000Excess Workers’ CompensationStatutory$336,180$1,000,000Crime$15,000,000$2,500Cyber$10,000,000$50,000$6,350$14,483City of San Bernardino 2021 Insurance Renewal0311.bPacket Pg. 261Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk COVERAGEPREMIUMLIMITSGeneral Liability$25,000,000Estimated$1,090,000 -$1,288,0002021 Summary of CoverageDEDUCTIBLE/SIR$5,000,000Excess Workers’ CompensationStatutoryEstimated$374,000 -$398,000$1,000,000Crime$15,000,000$2,500Cyber$10,000,000$50,000Estimated$16,662 -$25,634Estimated $16,000 -$17,400City of San Bernardino 2021 Insurance Renewal0311.bPacket Pg. 262Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk Policy Year: July 1, 2021- July 1, 2022General LiabilityCity of San Bernardino 2021 Insurance Renewal05Coverage Provided•Bodily injury•Personal injury•Property damage•Public Officials Errors and Omissions•Employment Practices Liability•Automobile LiabilityExcess Limit: $25,000,000Self Insured Retention: $5,000,00011.bPacket Pg. 263Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk U.S. Wildfires, Storms, Civil Disorders and ‘Social Inflation’ have created intense pressure on insurers in North America, causing insured losses in the billions, and while COVID -19 has of course added new types of losses to the mix, more so, it has created additional uncertainty which is adding to an already difficult insurance marketplace.Social inflation, years of high losses, aggressive litigation trends, and adverse results are driving the higher prices and tighter capacity in the excess casualty insurance space.General LiabilityCity of San Bernardino 2021 Insurance Renewal06State of the Market11.bPacket Pg. 264Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk 10 Critical Risks Shaping The Liability Landscape Today 0711.bPacket Pg. 265Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk Umbrella/ Excess CapacityCity of San Bernardino 2021 Insurance Renewal081505007505015025025751005005025507515 1525 25 25502025155025 25 25 250 0020406080100120140160AIG (Group)ApolloArcadianArgo Re (Group)Ascot Group)Aspen (Group)Axa XL (Group)CanopiusConvexCV StarrLiberty (Group)Liberty SpecialtyBermudaMunichNationwideSompo (US Retail+ Bermuda)StarStoneSwiss RePrevious CapacityCapacityPrevious Capacity and Capacity by Market(THIS INFORMATION HAS BEEN CONSOLIDATED FROM VARIOUS INDUSTRY SOURCES)11.bPacket Pg. 266Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk Umbrella/ Excess CapacityCity of San Bernardino 2021 Insurance Renewal09-435-500-400-300-200-1000100Change by Market(THIS INFORMATION HAS BEEN CONSOLIDATED FROM VARIOUS INDUSTRY SOURCES)11.bPacket Pg. 267Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk Large Public Entity Verdicts/SettlementsCity of San Bernardino 2021 Insurance Renewal10Source: Markel Insurance“Social Inflation is a uniquely American phenomenon because the United States is the only country in the world that routinely uses jury trials for civil cases. Jurors have unconscious biases derived from the culmination of their life experiences.”Loss Year Description Total Paid2018 Sexual Abuse (Class Action)$500,000,000 2017 Sexual Abuse (Class Action)$215,000,000 2015 Methane Gas Leak$120,000,000 2015 Bus Shelter Collapse (Single Plaintiff)$115,000,000 2014 Child Abuse/Foster Care$113,400,000 2011 Police Shooting/Wrongful Death$97,000,000 2014 Dangerous Condition/Landslide$71,500,000 2016 Vehicle Accident/Fire Ambulance$65,750,000 2016 Wrongful Death$60,000,000 2015 Strip Search (Class Action)$53,000,000 2012 Dangerous Condition/Bridge Fire$50,000,000 2017 Vehicle Accident/Motorcycle vs Auto$46,000,000 2015 Vehicle Accident/Sherriff Vehicle$42,000,000 2011 Wrongful Conviction$40,000,000 2014 Dangerous Condition/Vehicle Accident$32,500,000 2015 Sexual Abuse $31,000,000 2016 Dangerous Condition/Vehicle Accident$30,000,000 11.bPacket Pg. 268Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk Policy Year: July 1, 2021- July 1, 2022Excess Workers’ CompensationCity of San Bernardino 2021 Insurance Renewal11The EWC Program provides the following special coverage features:•Volunteers included (subject to adoption of resolution by employer prior to injury)•No terrorism exclusion•PRISM staff will coordinate a claims audit within the first year of participation and/or change of TPAs, and every two years thereafter•Claims resources and oversight on the excess reportable claims by highly experienced Claims Specialists•Legislative advocacy on key workers’ compensation billsExcess Limit: StatutorySelf Insured Retention: $1,000,00011.bPacket Pg. 269Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk Policy Year: July 1, 2021- July 1, 2022CyberCity of San Bernardino 2021 Insurance Renewal12Coverage Provided•Information Security and Privacy Liability•Privacy Notification Costs•Regulatory Defense and Penalties•Website Media Content Liability•Cyber Extortion•First Party Data ProtectionPrimary Limit: $2,000,000 aggregate limit of liability for each member (aggregate for all coverages combined) subject to the $25,000,000 program aggregate limit of liability for all members combinedExcess Limit: $10,000,000 aggregate limit of liability for each member (aggregate for all coverages combined) subject to the $45,000,000 program aggregate limit of liability for all members combinedSelf Insured Retention: $50,00011.bPacket Pg. 270Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk Ransomware surged in recent years, and there is no foreseeable slowdown. All industry segments were impacted. Manufacturing and professional services were particularly hard hit, followed closely by healthcare, education, and government entities.The Ransomware EpidemicCity of San Bernardino 2021 Insurance Renewal1311.bPacket Pg. 271Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk Cyber Attacks on Municipalities1411.bPacket Pg. 272Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk Policy Year: June 30, 2021- June 30, 2022CrimeCity of San Bernardino 2021 Insurance Renewal15Coverage Provided:Governmental Crime Policy on Discovery Form including:•Employee theft including Faithful Performance of Duty (Per Loss Coverage)•Forgery or alteration including Credit, Debit or Charge Card Forgery•Inside premises - Theft of money and securities•Inside premises - Robbery or safe burglary of other property•Computer fraud and funds transfer fraud•Money orders and counterfeit paper currency•Outside the premisesLimit: $15,000,000 each occurrenceDeductible per occurrence: $2,50011.bPacket Pg. 273Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk Contact Your Alliant Service TeamRobert LoweFirst Vice PresidentRobert.Lowe@Alliant.comwww.Alliant.comKristen DesCombesAccount RepresentativeKristen.DesCombes@Alliant.comwww.Alliant.com11.bPacket Pg. 274Attachment: Attachment 2 - Exhibit A - 2021-22 Insurance Renewal Presentation [Revision 1] (7063 : Risk Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Jim Tickemyer, Parks, Recreation and Community Services Director Subject: MSA to Re-Surface/Re-Purpose Outdoor Sports Courts in Parks (Wards 1, 3, 5, 6) Recommendation Adopt Resolution No. 2021-126 of the Mayor and City Council of the City of San Bernardino, California approving the Maintenance Services Agreement b etween the City of San Bernardino and Trueline Construction and Surfacing, Inc., and a change to Purchase Order #2021-0527 in the amount of $125,160 for the re-surfacing/re- purposing of outdoor sports courts in parks city-wide. Background The Parks, Recreation and Community Services Department has developed an Outdoor Recreation and Fitness Parks Plan in specific response to the increased demand, and importance of outdoor recreation opportunities throughout the City. An important feature of the plan includes the re-surfacing of outdoor sports courts (tennis, basketball, and volleyball) and re-purposing of others (pickleball, volleyball, and futsal), most of which are in disrepair or have gone unused for a decade or more. Discussion The re-surfacing and re-purposing of the outdoor sports courts city-wide was advertised for public bidding on April 16, 2021 (RFQ F-21-27), in the San Bernardino County Sun Newspaper, on Planetbids.com, and on the City’s website. Sealed bids were received and opened on April 30, 2021. The City received two bids as follows: Bidder City Base Bid Trueline Construction and Surfacing Inc. Riverside, CA $125,160 Harbor Coating and Restoration Orange, CA $399,103 The City has reviewed the bid package and confirmed that Trueline Construction and 12 Packet Pg. 275 7294 Page 2 Surfacing Inc. of Riverside, California, is the lowest responsible and responsive bidder, with a total bid amount of $125,160. If awarded by the Mayor and City Council, construction work is anticipated to begin in June 2021. 2020-2025 Key Strategic Targets and Goals Approval of this request aligns with Key Target No 3: Improved Quality of Life (improving community health and safety through repair of outdoor sports play facilities); and Key Target No 4: Economic Growth and Development (well-maintained parks and recreation facilities/services encourages stable home ownership and a higher property tax base). Fiscal Impact The funding required for the resurfacing and re -purposing of the outdoor sports courts located in parks located throughout the City including Blair Park, Lytle Creek Park, Nunez Park, Meadowbrook Park, Bobby Vega Park, Delmann Heights Park and Al Guhin Park was included with the mid-year budget amendment approved on March 3, 2021. FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost COST $ 125,160.00 $ 0 $ 125,160.00 $ 0 GENERAL FUND SHARE $ 125,160.00 $ 0 $ 125,160.00 $ 0 SOURCE OF FUNDS: General Fund Budget Adjustment: No For Fiscal Year: 20/21 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-__ approving the Maintenance Services Agreement between the City of San Bernardino and Trueline Construction and Surfacing, Inc., and a change to Purchase Order #2021-0527 in the amount of $125,160 for the re-surfacing/re-purposing of outdoor sports courts in parks city-wide. Attachments Attachment 1 Resolution 2021-126; Attachment 2 MSA-Trueline Surfacing for 2021 Sports Court Resurfacing Attachment 3 Bid Tabulation Report Attachment 4 FY 2020/21 Sports Courts Resurfacing Inventory & TechSpecs Ward: 1, 3, 5, 6 Synopsis of Previous Council Actions: March 3, 2021 Mayor and City Council approved the FY 2020/21 Mid-Year Budget Report as amended. 12 Packet Pg. 276 Resolution No. 2021-126 RESOLUTION NO. 2021-126 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, APPROVING THE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TRUELINE CONSTRUCTION AND SURFACING, INC. AND A CHANGE ORDER TO PO #2021-0527 IN THE AMOUNT OF $125,160 FOR THE RE-SURFACING/RE-PURPOSING OF SEVERAL OUTDOOR SPORTS COURTS IN PARKS CITY- WIDE WHEREAS, many outdoor sports courts throughout City parks are deteriorated and in need of maintenance and repair for public use, including this first phase of 15 court play surfaces at 7 City parks; and WHEREAS, the Parks, Recreation and Community Services department has developed an Outdoor Recreation and Fitness Parks Plan in response to this fiscal year’s post -Coronavirus pandemic; and WHEREAS, the Mayor and City Council has approved the FY 2020/21 Mid-Year Budget Adjustments approved at the Mayor and City Council Meeting on March 3, 2021, to which these funds were committed for outdoor court re-surfacing/re-purposing; and WHEREAS, in April 2021, staff administered a competitive bid process for re- surfacing/re-purposing of outdoor sports courts (“Project”) resulting in two construction cost submittals: and WHEREAS, Trueline Construction & Surfacing Inc., of Riverside, California, has been determined to be the lowest responsive and responsible bidder; and WHEREAS, the City now wishes to enter into a Maintenance Services Agreement with Trueline Construction & Surfacing Inc., of Riverside, California in the amount of $125,160 to complete the Project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby approve the City Manager to execute the Maintenance Services Agreement between the City of San Bernardino and Trueline Construction & Surfacing, Inc. for the re-surfacing/re-purposing of city-wide sports courts, which is attached hereto, marked as Attachment 2, and incorporated herein by reference; and, 12.a Packet Pg. 277 Attachment: ATTACHMENT 1: RESOLUTION No. 2021-126 MSA to Re-Surface/Re-Purpose Outdoor Sports Courts in Parks (7294 : MSA to Re- Resolution No. 2021-126 SECTION 3. The Mayor and City Council hereby approve and authorize the City Finance Director or designee to issue a change order to PO# 2021-0527 in the amount of $125,160 for sports court resurfacing/re-purposing activities. SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In addition, the Project is exempt from CEQA because it involves the maintenance of existing structures/facilities involving negligible or no expansion of use beyond the use currently existing. 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 ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho , City Attorney 12.a Packet Pg. 278 Attachment: ATTACHMENT 1: RESOLUTION No. 2021-126 MSA to Re-Surface/Re-Purpose Outdoor Sports Courts in Parks (7294 : MSA to Re- Resolution No. 2021-126 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 12.a Packet Pg. 279 Attachment: ATTACHMENT 1: RESOLUTION No. 2021-126 MSA to Re-Surface/Re-Purpose Outdoor Sports Courts in Parks (7294 : MSA to Re- - 1 - CITY OF SAN BERNARDINO MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 1st day of June, 2021 by and between the City of San Bernardino, a municipal corporation organized 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, County of San Bernardino, State of California (“City”) and Trueline Construction and Surfacing, Inc., a corporation with its principal place of business at 12397 Doherty Street, Riverside, California, 92503 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing construction and all game court surfacing services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the Outdoor Sports Courts Resurfacing/Repurposing project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the construction and all game court surfacing maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached 12.b Packet Pg. 280 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 2 - hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from June 2, 2021 to August 30, 2021, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates Mitch Assumma, Community Recreation Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates Janet Bangs, Vice President, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and 12.b Packet Pg. 281 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 3 - procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontract ors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Perf ormance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the 12.b Packet Pg. 282 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 4 - Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections. 3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 12.b Packet Pg. 283 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 5 - 3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph. 12.b Packet Pg. 284 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 6 - 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section. 3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence; and $2,000,000 aggregate for bodily injury, personal injury, and property damage, per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. 12.b Packet Pg. 285 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 7 - (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor’s and its subcontractors’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. 3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior 12.b Packet Pg. 286 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 8 - written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A: VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement. 12.b Packet Pg. 287 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 9 - 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A: VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with 12.b Packet Pg. 288 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 10 - Section 995.660 of the California Code of Civil Procedure, and proof of such is pro vided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Site. 3.2.15.1 Inspection of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the 12.b Packet Pg. 289 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 11 - Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred twenty-five thousand and one hundred sixty dollars ($125,160.00) without written approval of City’s Director of Parks, Recreation and Community Services. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 12.b Packet Pg. 290 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 12 - 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor 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). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and 12.b Packet Pg. 291 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 13 - Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document a nd other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: Trueline Construction & Surfacing, Inc. Janet Bangs – Vice President 12397 Doherty Street Riverside, CA 92503 City: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Robert D. Field, City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Sonia Carvalho, City Attorney Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and 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, regardless of whether the allegations are false, fraudulent, 12.b Packet Pg. 292 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 14 - or groundless, 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 Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any 12.b Packet Pg. 293 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 15 - assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. 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 member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 12.b Packet Pg. 294 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 16 - 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. [SIGNATURES ON FOLLOWING PAGE] 12.b Packet Pg. 295 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to - 17 - SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TRUELINE CONSTRUCTION & SURFACING, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field, City Manager ATTESTED BY: Genoveva Rocha, CMC, City Clerk APPROVED AS TO FORM: Sonia Carvalho, City Attorney TRUELINE CONSTRUCTION & SURFACING, INC. By: Its: Printed Name: By: Its: Printed Name: ____________________________________ Contractor’s License Number ____________________________________ DIR Registration Number 12.b Packet Pg. 296 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT A EXHIBIT A SCOPE OF SERVICES 2020-2021 RE-SURFACE/RE-PURPOSE OUTDOOR SPORTS COURTS IN CITY PARKS SCOPE OF WORK/OVERVIEW: The City of San Bernardino wishes to solicit bids to identify and select a qualified, experienced, and licensed contractor who will provide all labor, materials, supplies, equipment and tools, etc. to repair and resurface or repurpose 14 sports courts at 7 park locations as described below and referenced in the attached photos and documents. PARK LOCATIONS Blair Park: 1466 W. Marshal Blvd., S.B. CA 92405 1 Basketball 1 Tennis & Pickleball 1 Futsal 1 Volleyball Lytle Creek Park: 380 S. K Street, S.B. CA 92410 1 Tennis & Pickleball 1 Basketball Nunez Park: 1717 W. 5th Street, S.B. CA 92410 1 Futsol Hernandez Community Center: 222 N. Lugo Street, S.B. CA 92408 1 Tennis Bobby Vega Park: 2931 Garner Street, S.B. CA 92411 2 Tennis & Pickleball Delmann Heights Park: 2969 N. Flores Street, S.B. CA 92407 1 Full, 2 Half Basketball 1 Volleyball Al Guhin Park (Verdemont): 3650 W. Little League Drive, S.B. CA 92407 1 Basketball 2 12.b Packet Pg. 297 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT B EXHIBIT B SCHEDULE OF SERVICES TECHNICAL SPECIFICATIONS: It is the intent of the following specifications to establish minimum requirements for the resurface/conversion of various tennis courts owned and operated by the City of San Bernardino for the Parks, Recreation and Community Services Department. Any reference to a process or brand is only to denote quality and does not mean that equal equipment or material will not be considered. All processes or material must comply with the latest safety standards and meet or exceed these specifications. Literature and product specifications where requested of the contractor must accompany the quote. City and Contractor acknowledge that this project is a public work to which prevailing wages apply, and that a public work project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR). Contractor agrees to comply with and be bound by all the terms, rules and regulations described in (a) Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the DIR implementing such statutes, as though set forth in full herein, including any applicable amendments made thereto during the term of this Agreement. For every subcontractor who will perform work on this project, Contractor shall be responsible for subcontractor’s compliance with (a) and (b), and Contractor shall take all necessary actions to ensure subcontractor’s compliance. Labor Code Section 1725.5 requires all contractors and subcontractors to annually register with the DIR before bidding or performing on any public work contract. Blair Park: 1 Basketball Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe, 120’X54’ 1 Tennis & Pickleball Power-wash, Patch Cracks/Spalls, Resurface (Primer/Resurfacer Coat/2 Coats Color & Restripe(ASBA specs), 120’X50’ 1 Futsal Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe, 120’X50’ Additional: Install/Secure futsal goals & nets (2) 1 Volleyball Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe, 120’X50’ Additional: Install/Secure volleyball goals & nets (2) provided by City, eliminate existing tennis posts and use as sleeves for new poles, remove/replace caulking (3-Court area) Lytle Creek Park: 1 Tennis & Pickleball Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe, 120’X60’ Additional: Furnish and install crank & pulley (2) 12.b Packet Pg. 298 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT B 1 Basketball Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe, 120’X60’ Nunez Park: 1 Futsol Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe, 120’X60’ Hernandez @ Meadowbrook Park: 1 Tennis Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe, 120’X60’ Remove and Replace Caulking Bobby Vega Park: 2 Tennis & Pickleball Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe, 120’X120’ Additional: Furnish and install crank & pulley (2) Delmann Heights Park: 1 Full, 2 Half Basketball Provide and Install Asphalt Overlay, Power-wash, Patch Cracks/Spalls, 100’X104’ Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe Additional: Install one (1) volleyball post with crank provided by City. Al Guhin Park (Verdemont): 2 Full Basketball Grind and Restripe, Remove and Replace Caulking (Mid-line) PRODUCT SPECIFICATIONS:  Power Wash: 3000psi  Primer: 1 coat Plexiboard Primer or like material  Resurfacer: 1 coat Sportmaster or like material black acrylic resurfacer coat, 100% latex acrylic, mixed with #60 silica sand for color base  Color System: 2 coats Sportsmaster or like material color system, 100% latex acrylic, mixed with #90 silica sand. Court Color: Green, Apron Color: Red(V-Ball Crt:Blue)  Line Paint: 2 coats white latex acrylic marking paint  Sealer: Sika-Flex 2CSL or like material two component elastomeric sealer/caulking I. RESURFACING ACTIVITIES: Preparation: Pressure wash entire court surface including aprons at 3,000 PSI to ensure all dust, dirt, debris, and other loose materials are removed. Remove all tool marks and ridges; grind white lines and all blistered and loose paint. 12.b Packet Pg. 299 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT B Remove existing caulk at 660 l.f.; clean expansion joints. Repairs: A. Place a two (2) component elastomeric sealer as provided by the contractor between courts and at net lines. B. Identify and fill or level all "bird baths", cracks, and other irregularities such as spalls, pop-outs broken areas, and chipping in the court surface in accordance with material of manufacturer’s specifications. Flooding and draining the court surface shall identify “baths”. Any area with water remaining that covers a 5 -cent (American coin) shall be repaired. All major cracks shall be grind to level, cleaned, and tack coated and hand-filled with Plexipave Court Patch Binder or like material as provided by the contractor. Resurfacing: A. Apply one (1) coat of Plexiboard Primer or like material as provided by the contractor on any and all grinded and leveled surfaces, or otherwise bare areas, and one filler coat of Plexipave special acrylic resurfacer with #60 silica sand, Sportmaster black resurfacer (100% latex acrylic mixed with #60 silica sand), or like material, according to the manufacturer’s specifications. B. Apply two (2) coats of textured dark green (Court) or red (Apron) Plexipave acrylic color system where determined by the City, Sportmaster Color System (100% latex acrylic mixed with #90 silica sand), or like material, as provided by the contractor, in accordance with the City’s current color scheme and with the manufacturer's mixing and application in structions. C. Tape and apply two (2) coats of play line markings. Stripe play line markings shall be White Latex Acrylic textured line paint, unless otherwise specified, laid out according to United States Tennis Association, USA Pickleball Association, National Collegiate Athletic Association – Basketball, or United States Futsal Federation (FIFA) Specifications per each respective sport-type. All line paint is provided by the contractor. D. Color and court speed to be determined by owner and as specified herei n. Tennis court speed is to be medium. E. All coatings and equipment utilized must meet minimum standard specifications of the respective sport governing bodies. II. Court Re-Purpose.  A. Re-Purpose or convert the following Courts:  Blair Park Tennis (2) to Futsal (1) and Volleyball (1)  Nunez Park Tennis (1) to Futsal (1) B. Furnish (purchase) and install core drilled net posts, center anchors, goal frames and nets for each respective re-purpose/conversion per Futsal and Volleyball standards provided by the City. Net posts shall include but not limited to:  Constructed from 3" round steel  Powder coating color shall be “Hunter Green” or standard green powder 12.b Packet Pg. 300 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT B coating finish provided by manufacturer to match existing court colors  Complete with steel or brass winder and lacing bars where necessary  In-ground sleeves for easy replacement with locking mechanism for security  In-ground sleeve installation provided by contractor per manufacturer’s specifications  Replacement nets to be provided by Contractor  C. Additional related repairs to existing posts and infrastructure as follows:  Blair Park: Install/Secure futsal goals & nets (2); Install/Secure volleyball goals & nets (2) provided by City, eliminate existing tennis posts and use as sleeves for new poles; Remove/replace caulking (3-Court area).  Lytle Creek Park: Furnish and install (replace) missing tennis/pickleball crank and pulley(1).  Bobby Vega Park: Furnish and install (replace) missing tennis/pickleball crank and pulley(2).  Delmann Heights Park: Install (replace) missing volleyball post (1) with crank hardware provided by City.  D. Pressure wash courts to ensure all dust, dirt, debris, and other loose materials are removed. (Refer to “I. Resurface Activities” above.) E. Identify and fill or level all "bird baths", cracks, and other irregularities in the court surface in accordance with material of manufacturer’s specifications. Utilize acrylic fortified trowel grade crack filler matching in color to the final playing surface. (Refer to “I. Resurface Activities” above.) All crack repair material is provided by the contractor. Prime all bare areas with material provided by the contractor. F. Apply a minimum of one (1) coat of suitable court surfacing material in accordance with manufacturer's mixing and application instructions. (Refer to “I. Resurface Activities” above.) All resurfacer material is to be provided by the contractor. G. Apply two (2) coats of textured white Plexipave acrylic color system, Sportmaster Color System (100% latex acrylic mixed with #90 silica sand), or like materials, as provided by the contractor, in accordance with the City’s current color scheme and with the manufacturer's mixing and application instructions. H. Apply a minimum of two (2) coats of textured white line paint. (Refer to “I. Resurface Activities” above.) All line paint is provided by the contractor. 12.b Packet Pg. 301 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT C EXHIBIT C COMPENSATION As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of One Hundred Twenty-Five Thousand and One Hundred Sixty Dollars ($125,160.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City. 12.b Packet Pg. 302 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT D EXHIBIT D SPECIAL CONDITIONS ARTICLE 1. BONDS Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as “Exhibit E” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfact ory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. 12.b Packet Pg. 303 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT E EXHIBIT E 12.b Packet Pg. 304 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT E 12.b Packet Pg. 305 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT E 12.b Packet Pg. 306 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT E 12.b Packet Pg. 307 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT E 12.b Packet Pg. 308 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT E 12.b Packet Pg. 309 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT E 12.b Packet Pg. 310 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT E 12.b Packet Pg. 311 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to EXHIBIT E 12.b Packet Pg. 312 Attachment: Maintenance Services Agreement - Trueline Construction Surfacing Inc._2021 Outdoor Sports Courts Resurface (7294 : MSA to City of San Bernardino Bid Results for Project Re-Surface / Re-Purpose Outdoor Sports Courts (RFQ F-21-27) Issued on 04/16/2021 Bid Due on April 30, 2021 3:00 PM (PDT) Exported on 04/30/2021 Line Totals (Unit Price * Quantity) Item Num Section Item Code Description 1 Section 1 1 Blair Park 2 Section 1 2 Lytle Creek Park 3 Section 1 3 Nunez Park 4 Section 1 4 Hernandez @ Meadowbrook Park 5 Section 1 5 Bobby Vega Park 6 Section 1 6 Delmann Heights Park 7 Section 1 7 Al Guhin Park 8 Section 1 8 Additional Charges 9 Section 1 9 Taxes Unit Price Item Num Section Item Code Description 1 Section 1 1 Blair Park 2 Section 1 2 Lytle Creek Park 3 Section 1 3 Nunez Park 4 Section 1 4 Hernandez @ Meadowbrook Park 5 Section 1 5 Bobby Vega Park 6 Section 1 6 Delmann Heights Park 7 Section 1 7 Al Guhin Park 8 Section 1 8 Additional Charges 9 Section 1 9 Taxes 12.c Packet Pg. 313 Attachment: BidTabulationReportList (8) (7294 : MSA to Re-Surface/Re-Purpose Outdoor Sports Courts in Parks (Wards 1, 3, 5, 6)) Bid Results for Project Re-Surface / Re-Purpose Outdoor Sports Courts (RFQ F-21-27) Reference Unit of Measure Quantity See Exhibit A for description 0 1 See Exhibit A for description 0 1 See Exhibit A for description 0 1 See Exhibit A for description 0 1 See Exhibit A for description 0 1 See Exhibit A for description 0 1 See Exhibit A for description 0 1 0 1 0 1 Subtotal Total Reference Unit of Measure Quantity See Exhibit A for description 0 1 See Exhibit A for description 0 1 See Exhibit A for description 0 1 See Exhibit A for description 0 1 See Exhibit A for description 0 1 See Exhibit A for description 0 1 See Exhibit A for description 0 1 0 1 0 1 12.c Packet Pg. 314 Attachment: BidTabulationReportList (8) (7294 : MSA to Re-Surface/Re-Purpose Outdoor Sports Courts in Parks (Wards 1, 3, 5, 6)) Trueline Construction & Surfacing, Inc.Harbor Coating & Restoration $26,130.00 $125,400.00 $11,820.00 $72,000.00 $9,850.00 $36,000.00 $7,320.00 $36,000.00 $20,000.00 $50,400.00 $43,000.00 $42,100.00 $7,040.00 $5,000.00 $0.00 $0.00 $0.00 $32,103.75 $125,160.00 $399,003.75 $125,160.00 $399,003.75 Trueline Construction & Surfacing, Inc.Harbor Coating & Restoration $26,130.00 $125,400.00 $11,820.00 $72,000.00 $9,850.00 $36,000.00 $7,320.00 $36,000.00 $20,000.00 $50,400.00 $43,000.00 $42,100.00 $7,040.00 $5,000.00 $0.00 $0.00 $0.00 $32,103.75 12.c Packet Pg. 315 Attachment: BidTabulationReportList (8) (7294 : MSA to Re-Surface/Re-Purpose Outdoor Sports Courts in Parks (Wards 1, 3, 5, 6)) EXHIBIT “A” (“Services”) FY2020-2021 – OUTDOOR RECREATION AND FITNESS PARKS PLAN Sports Courts Resurfacing Blair Park: 1466 W. Marshal Blvd., S.B. CA 92405 1 Basketball Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe 120’X54’ 1 Tennis & Pickleball Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe(ASBA specs) 120’X50’ 1 Futsal Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe 120’X50’ Additional: Install/Secure futsal goals & nets (2) 1 Volleyball Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe 120’X50’ Additional: Install/Secure volleyball goals & nets (2) provided by City, eliminate existing tennis posts and use as sleeves for new poles, remove/replace caulking (3-Court area) Lytle Creek Park: 380 S. K Street, S.B. CA 92410 1 Tennis & Pickleball Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe 120’X60’ Additional: Furnish and install crank & pulley (2) 1 Basketball Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe 120’X60’ Nunez: 1717 W. 5th Street, S.B. CA 92410 1 Futsol Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe 120’X60’ Hernandez @ Meadowbrook Park: 222 N. Lugo Street, S.B. CA 92408 1 Tennis Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe, 120’X60’ Remove and Replace Caulking Bobby Vega Park: 2931 Garner Street, S.B. CA 92411 2 Tennis & Pickleball Power-wash, Patch Cracks/Spalls, Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe 120’X120’ Additional: Furnish and install crank & pulley (2) Delmann Heights Park: 2969 N. Flores Street, S.B. CA 92407 1 Full, 2 Half Basketball Provide and Install Asphalt Overlay, Power-wash, Patch Cracks/Spalls, 100’X104’ Resurface(Primer/Resurfacer Coat/2 Coats Color & Restripe Additional: Install one (1) volleyball post with crank provided by City Al Guhin Park (Verdemont): 3650 W. Little League Drive, S.B. CA 92407 2 Full Basketball Grind and Restripe, Remove and Replace Caulking (Mid-line) Product Specifications: Power Wash: 3000psi Primer: 1 coat Plexiboard Primer or like material Resurfacer: 1 coat Sportmaster or like material black acrylic resurfacer coat, 100% latex acrylic, mixed with #60 silica sand for color base Color System: 2 coats Sportsmaster or like material color system, 100% latex acrylic, mixed with #90 silica sand. Court Color: Green, Apron Color: Red(V-Ball Crt:Blue) Line Paint: 2 coats white latex acrylic marking paint Sealer: Sika-Flex 2CSL or like material two component elastomeric sealer/caulking 12.d Packet Pg. 316 Attachment: FY2020-21 Sports Courts Resurfacing Inventory & TechSpecs (7294 : MSA to Re-Surface/Re- Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Kris Jensen, Director of Public Works Subject: Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5) Recommendation Adopt Resolution No. 2021-127 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Agreement with AToM Engineerin g Construction, Inc., in the amount of $654,321 for the construction of Kendall Drive Slope Rehabilitation ("Project"); and 2. Authorizing the project construction, construction contingencies, and engineering and inspection costs in the total amount of $787,437 for construction of the Project; and 3. Authorizing the Director of Finance to allocate an additional $330,337 from Public Improvement Fund (246) to the Project (Account number 246 -160-8767*5504) to fund the project construction, construction contingencies, and engineering & inspections; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Background Kendall Drive is a heavily traveled roadway with traffic flows moving to and from t he northern portion of the City and around residential and hillside homes. In the vicinity of 670 Kendall Drive at H Street, a section of hillside slope was impacted following a heavy storm event in 2019. This section has continued to erode and remain un stable, resulting in falling debris that impedes the roadway and creates a safety hazard for motorists. Staff initially installed k-rail barricades to prevent rocks and debris from falling into the right-of-way and travel lanes until a permanent solution could be determined. A soil investigation of the slope area has now been completed resulting in a slope stabilization plan for implementation to eliminate the existing unsafe condition in the area. 13 Packet Pg. 317 7326 Page 2 Discussion Project No. 13422, to provide Kendall Drive slope stabilization, was advertised for public bidding on April 13, 2021 and April 20, 2021 in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s websites, and the San Bernardino Area Chamber of Commerce. The project consists of installing approximately 1,100 linear feet of retaining wall varying between four and eight feet in height. The wall will be serving as a barrier to prevent any further rocks and debris falling into the public right-of-way. Four sealed bids were received on May 6, 2021 as follows: Bidder City Base Bid AToM Engineering Construction, Inc. Hemet $ 654,321 Wright Construction Engineering Corporation San Marcos $ 745,400 Jilk Heavy Construction, Inc. Brea $ 983,830 Clarke Contracting Corporation Lawndale $ 1,497,000 City staff has reviewed the bid package and confirmed that AToM Engineering Construction, Inc. of Hemet, California is the lowest responsible and responsive bidder, with a total bid amount of $654,321. If awarded by the Mayor and City Council, construction is expected to begin in August 2021 and be completed by Decemb er 2021. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1d: Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed to the City right-of-way that will restore stability to the slope and eliminate ongoing debris hazards in the roadway. Fiscal Impact There is no General Fund impact associated with this action. Project budget for the proposed work was previously established through the adopted FY 2020/21 Capital Improvement Plan in Public Improvement Fund No. 246-160-8767 in the amount of $500,000. A portion of funding has been expended in order to support the preparation of the bid specification documents. The budget amount required to complete the construction improvement work for the Project is as follows: Construction Bid Amount $ 654,321 Construction Contingency $ 65,679 Engineering and Inspections $ 67,437 Total Project Cost $ 787,437 A supplemental appropriation from the Public Improvement Fund (246-160-8767) in the amount of $330,337 is required to fully fund the project as shown below: 13 Packet Pg. 318 7326 Page 3 Remaining Available Project Budget (246-160-8767) $457,100 Additional Funding Required (Public Improvement Fund No. 246) $330,337 Total Available Project Construction Funding $787,437 Conclusion Adopt Resolution No. 2021-127 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Agreement with AToM Engineering Construction, Inc., in the amount of $654,321 for the construction of Kendall Drive Slope Rehabilitation (“Project”); and 2. Authorizing the project construction, construction contingencies, and engineering & inspection costs in the total amount of $787,437 for construction of the Project; and 3. Authorizing the Director of Finance to allocate additional $330,337 from Public Improvement Fund (246) to the Project (Account number 246 -160-8767*5504) to fund the project construction, construction contingencies, and engineering & inspections; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution No. 2021-127; Attachment 2 Resolution No. 2021-127; Exhibit A - Agreement Attachment 3 Bid Tabulation Attachment 4 Bid Proposal Attachment 5 Location Map Ward: 4, 5 Synopsis of Previous Council Actions: June 24, 2020 Mayor and City Council adopted Resolution No. 2020-128 approving Capital Improvement Program FY 2020/21. 13 Packet Pg. 319 Resolution No. 2021-127 RESOLUTION NO. 2021-127 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF A CONSTRUCTION AGREEMENT WITH ATOM ENGINEERING CONSTRUCTION, INC., IN THE AMOUNT OF $654,321 FOR THE CONSTRUCTION OF KENDALL DRIVE SLOPE REHABILITATION (“PROJECT”); AND AUTHORIZING THE PROJECT CONSTRUCTION, CONSTRUCTION CONTINGENCIES, AND ENGINEERING & INSPECTION COSTS IN THE TOTAL AMOUNT OF $787,437 FOR CONSTRUCTION OF THE PROJECT; AND AUTHORIZING THE DIRECTOR OF FINANCE TO ALLOCATE AN ADDITIONAL $330,337 FROM PUBLIC IMPROVEMENT FUND (246) TO THE PROJECT (ACCOUNT NUMBER 246-160-8767*5504) TO FUND THE PROJECT CONSTRUCTION, CONSTRUCTION CONTINGENCIES, AND ENGINEERING & INSPECTIONS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT WHEREAS, a section of hillside slope on Kendall Drive, in the vicinity of 670 Kendall Drive at H Street, was impacted following a heavy storm event in 2019; and WHEREAS, this section of slope has continued to erode and remain unstable, resulting in falling debris that impedes the roadway and creates a safety hazard for motorists; and WHEREAS, a soil investigation of the slope area has been completed resulting in a slope stabilization plan for implementation to eliminate the existing unsafe condition in the area; and WHEREAS, funding in the amount of $500,000 was previously approved established from Public Improvement Fund (Fund 246) for Kendall Drive Slope Rehabilitation “Project”; and WHEREAS, in May, 2021 staff administered a competitive bid process for construction of the Project resulting in four construction cost submittals; and WHEREAS, AToM Engineering Construction, Inc., of Hemet, California, has been determined to be the lowest responsive and responsible bidder with a construction bid amount of $ 654,321; and WHEREAS, the City now wishes to enter into a Construction Agreement with AToM Engineering Construction, Inc., of Hemet, California in the amount of $654,321 to construct the Project. 13.a Packet Pg. 320 Attachment: Attachment 1 - Resolution No. 2021-127 Construction Agreement Award- Kendall Drive Slope Rehabilitation [Revision 1] (7326 : Resolution No. 2021-127 WHEREAS, additional funding in the amount of $330,337 is requested from Improvement Fund (Fund 246). BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager, or designee, is hereby authorized to execute all documents in support of Kendall Drive Slope Rehabilitation Project 13422 (“Project”) including a Construction Agreement with AToM Engineering Construction, Inc. in the amount of $654,321 on behalf of the City, attached hereto and incorporated herein as Exhibit “A”, and to expend contingency funds, if necessary, to complete the Project. SECTION 3. The Director of Finance is hereby authorized to amend the FY 2020/21 Capital Improvement Plan (CIP) to allocate additional $330,337 from Public Improvement Fund (246) to the project and issue a purchase order to AToM Engineering Construction, Inc., of Hemet, in support of the Construction Agreement. SECTION 4. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the installation of retaining wall. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because installation of retaining wall does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. 13.a Packet Pg. 321 Attachment: Attachment 1 - Resolution No. 2021-127 Construction Agreement Award- Kendall Drive Slope Rehabilitation [Revision 1] (7326 : Resolution No. 2021-127 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 ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 13.a Packet Pg. 322 Attachment: Attachment 1 - Resolution No. 2021-127 Construction Agreement Award- Kendall Drive Slope Rehabilitation [Revision 1] (7326 : Resolution No. 2021-127 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 13.a Packet Pg. 323 Attachment: Attachment 1 - Resolution No. 2021-127 Construction Agreement Award- Kendall Drive Slope Rehabilitation [Revision 1] (7326 : A G R E EM E N T CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this _____ day of _______________, 21___, between the City of San Bernardino (owner and hereinafter "CITY"), and AToM Engineering Construction, Inc. (hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete in good workmanlike and substantial manner the KENDALL DRIVE SLOPE REHABILITATION Project No. 13442 in strict conformity with Plans and Special Provisions No. 13442, and also in accordance with Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the advertised “Notice Inviting Sealed Bids” for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them. 3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate. A-1 13.b Packet Pg. 324 Attachment: Attachment 2 - Resolution No. 2021-127; Exhibit A - Construction Agreement (7326 : Construction Agreement Award – Kendall KENDALL DRIVE SLOPE REHABILITATION Project No. 13442 4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. CONTRACTOR CITY OF SAN BERNARDINO NAME OF FIRM: AToM Engineering Construction, Inc. BY: ________________________________ ROBERT D. FIELD City Manager BY: _______________________________ TITLE: ATTEST: MAILING ADDRESS: 40410 Vista Road, Genoveva Rocha, CMC Hemet, CA 92544 City Clerk PHONE NO.: (951) 766-2806_________ APPROVED AS TO FORM: ATTEST: _______________________________ SONIA CARVALHO, City Attorney ____________________________________ Secretary NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. A-2 13.b Packet Pg. 325 Attachment: Attachment 2 - Resolution No. 2021-127; Exhibit A - Construction Agreement (7326 : Construction Agreement Award – Kendall 13.c Packet Pg. 326 Attachment: Attachment 3 - Bid Tabulation (7326 : Construction Agreement Award – Kendall Drive Slope 13.d Packet Pg. 327 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 328 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 329 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 330 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 331 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 332 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 333 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 334 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 335 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 336 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 337 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 338 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 339 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 340 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 341 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 342 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 343 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 344 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 345 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 346 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 347 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 348 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 349 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 350 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 351 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 352 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 353 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 354 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 355 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 356 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 357 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 358 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 359 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) 13.d Packet Pg. 360 Attachment: Attachment 4 - Bid Proposal (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) ATTACHMENT 5 KENDALL DRIVE SLOPE REHABILITATION LOCATION MAP Kendall Drive at H Street 13.e Packet Pg. 361 Attachment: Attachment 5 - Location Map (7326 : Construction Agreement Award – Kendall Drive Slope Rehabilitation (Wards 4, 5)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Kris Jensen, Director of Public Works Subject: First Amendment to Consultant Services Agreement - IDC Consulting Engineers, Inc. (All Wards) Recommendation Adopt Resolution No. 2021-128 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the First Amendment to Consultant Services Agreement with, IDC Consulting Engineers, Inc., (“First Amendment”) in an additional amount not -to- exceed $150,000 to provide as-needed, on-call Public Works inspection services for various Capital Improvement Program (CIP) projects; and 2. Authorizing the Director of Finance to record a change order to the IDC Consulting Engineers, Inc., purchase order, increasing the not-to-exceed amount to $250,000; and 3. Authorizing the City Manager, or designee, to execute the First Amendment Background Annually, the Mayor and City Council approve a Five -Year Capital Improvement Plan (CIP) establishing priority projects to be implemented. Approved CIP’s include projects in the general buildings, parks, street improvements, storm drain, street lights & traffic signals, Police, and landfill categories. The Engineering Division of the Public Works Department is responsible for planning and implementing the City’s CIP, which consists of the design and construction of roads, bridges, buildings, grading, drainage, landscaping, ADA access ramps, and other public improvements. There are currently 24 CIP projects in an active construction status or ready to begin construction. Due to the complexity and number of active projects, additional inspection expertise and construction management services are needed to supplement staff resources in reviewing and inspecting these projects. On-call services may include development of conceptual plans, design schemes, project budget and estimates, construction drawings and plan submissions for the permit process and review of technical specifications. Additional contract staffing is also necessary to coordinate the work related to delivery of capital projects in accordance with contract documents, City 14 Packet Pg. 362 7327 Page 2 requirements. Many of these projects are supported by state and federal grants which require detailed and specialized reporting by the construction inspector. Examples of these projects include the 2nd Street Bridge Replacement over Warm Creek, Upgrade of Various Signl Hardware at 224 Intersections, and the Advanced Dilemma Zone projects. Discussion On December 4, 2019, the Mayor and City Council adopted Resolution No. 2019 -343 approving the award of one year Professional Services Agreement (“Agreement”) with IDC Consulting Engineers, Inc., to provide as needed, on call engineering plan checks and Public Works inspection services for various CIP construction and modernization projects. The original contract was established in an amount not-to-exceed $100,000 with a term ending December 31, 2020. The Agreement term was previously extended administratively through December 4, 2021. At this time, the services provided have exhausted the initial contract amount. Staff is recommending to enter into a First Amendment to Professional Service s Agreement (“First Amendment”) with IDC Consulting Engineers, Inc. to increase the agreement compensation to a total amount not-to-exceed $250,000 to continue to provide as needed, on call Public Works inspection services for CIP projects. It should be n oted that services provided are charged to CIP projects previously established. 2020-2025 Key Strategic Targets and Goals This First Amendment is consistent with Key Target No.1d: Financial Stability as it will support effective construction inspection of critical of public improvements and ensure all reporting requirements are met for grant funding reimbursements. Fiscal Impact There is no General Fund impact associated with this action. Budget for the proposed services will be paid through various CIP projects and grant funds. Conclusion Adopt Resolution No. 2021-128 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the First Amendment to Consultant Services Agreement with, IDC Consulting Engineers, Inc., (“First Amendment”) in an additional amount not-to- exceed $150,000 to provide as-needed, on-call Public Works inspection services for various Capital Improvement Program (CIP) projects; and 2. Authorizing the Director of Finance to record a change order to the IDC Consulting Engineers, Inc., purchase order, increasing the not-to-exceed amount to $250,000; and 3. Authorizing the City Manager, or designee, to execute the First Amendment 14 Packet Pg. 363 7327 Page 3 Attachments Attachment 1 Resolution No. 2021-128; Attachment 2 Resolution No. 2021-128; Exhibit A - First Amendment to Professional Services Agreement Attachment 3 Professional Services Agreement Attachment 4 Administrative Contract Term Extension Ward: All Synopsis of Previous Council Actions: December 4, 2019 Mayor and City Council adopted Resolution No. 2019-343 approving the award of one-year professional service agreements with IDC Consulting Engineers, Inc. June 24, 2020 Mayor and City Council adopted Resolution No. 2020-128 approving Capital Improvement Program FY 2020/21. 14 Packet Pg. 364 Resolution No. 2021-128 RESOLUTION NO. 2021-128 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH, IDC CONSULTING ENGINEERS, INC., (“FIRST AMENDMENT”) IN AN ADDITIONAL AMOUNT NOT-TO- EXCEED $150,000 TO PROVIDE AS-NEEDED, ON-CALL PUBLIC WORKS INSPECTION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS; AND AUTHORIZING THE DIRECTOR OF FINANCE TO RECORD A CHANGE ORDER TO THE IDC CONSULTING ENGINEERS, INC., PURCHASE ORDER, INCREASING THE NOT-TO-EXCEED AMOUNT TO $250,000; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE FIRST AMENDMENT WHEREAS, The City of San Bernardino Public Works Department, Engineering Division of the Public Works Department is responsible for planning and implementing the City’s Capital Improvement Program (CIP), which is adopted annuall y by the Mayor and City Council; and WHEREAS, due to the complexity and number of active projects, additional inspection expertise and construction management services are needed to supplement staff resources in reviewing and inspecting these projects; and WHEREAS, on December 4, 2019, the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2019-343 approving the award of one-year professional service agreement to IDC Consulting Engineers, Inc., to provide as-needed, on-call, engineering plan checks and Public Works inspection services to support implementation of CIP projects; and WHEREAS, the December, 2020 the Agreement term was administratively extended through December 4, 2021; and WHEREAS, the City now wishes to into a First Amendment to Professional Services Agreement (“First Amendment”) with IDC Consulting Engineers, Inc. to increase the agreement compensation to a total amount not-to-exceed $250,000 to continue to provide as needed, on call Public Works inspection services for CIP projects; and WHEREAS, costs for the proposed services will be supported through various CIP project budgets. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 14.a Packet Pg. 365 Attachment: Attachment 1 - Resolution No. 2021-128 First Amendment to Consultant Services Agreement - IDC Consulting Engineers, Inc. (All Resolution No. 2021-128 SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute the First Amendment to the Agreement with IDC Consulting Engineers, Inc., (“First Amendment”), and any supporting documents, attached hereto and incorporated herein as Exhibit “A”. SECTION 3. The Director of Finance is hereby authorized to record a change order to the IDC Consulting Engineers, Inc., purchase order, increasing the not not -to-exceed amount to $250,000 to support . SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 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 att ested by the City Clerk this _____ day of _______, 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 14.a Packet Pg. 366 Attachment: Attachment 1 - Resolution No. 2021-128 First Amendment to Consultant Services Agreement - IDC Consulting Engineers, Inc. (All Resolution No. 2021-128 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-__, adopted at a regular meeting held on the 2nd day of June 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 2nd day of June 2021. Genoveva Rocha, CMC, City Clerk 14.a Packet Pg. 367 Attachment: Attachment 1 - Resolution No. 2021-128 First Amendment to Consultant Services Agreement - IDC Consulting Engineers, Inc. (All EXHIBIT A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT City of San Bernardino and IDC Consultant Engineers, Inc. CITY: CITY OF SAN BERNARDINO 290 North “D” Street, 3rd Floor San Bernardino, California 92401 CONSULTANT: IDC Consultant Engineers, Inc. 9411 Heaven Avenue, Suite 201 Diamond Bar, CA 91730 SERVICES: Inspection and Plan Check Services AMOUNT: $250,000 (as amended) EXPIRATION DATE: December 4, 2021 MANAGING DEPARTMENT: Public Works 14.b Packet Pg. 368 Attachment: Attachment 2- Resolution No. 2021- 128 - Exhibit A - First Amendment to Professional Services Agreement (7327 : First FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND IDC CONSULTANT ENGINEERS, INC. This First Amendment to the Consultant Services, dated as of June 2, 2021 (the “Amendment”), between the City of San Bernardino, a charter city and municipal corporation organized under the Constitution of the State of California (“City”), and IDC Consultant Engineers, Inc. (“Consultant,” and together with City, the “Parties,” and each, a “Party”). WHEREAS, the Parties have entered into an Agreement, dated as of June 5, 2019, to provide inspection and plan check services (the “Existing Agreement”); and WHEREAS, on December 3, 2020, the City extended the Existing Agreement through December 31, 2021 in accordance with the terms of the Existing Agreement; and WHEREAS, the Parties hereto desire to amend the Existing Agreement to increase the compensation amount on the terms and subject to the conditions set forth herein; and WHEREAS, pursuant to Section 38 of the Existing Agreement, the amendment contemplated by the Parties must be contained in a written agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Definitions. Capitalized terms used and not defined in this Amendment have the respective meanings assigned to them in the Existing Agreement. 2. Amendment to the Existing Agreement. Section 4.b. of the Existing Agreement is hereby amended as to replace the not-to-exceed sum of $100,000 with a new not-to-exceed sum of $250,000. 3. Date of Effectiveness; Limited Effect. This Amendment will become effective as of the date fully executed by the Parties (the “Effective Date”). Except as expressly provided in this Amendment, all of the terms and provisions of the Existing Agreement are and will remain in full force and effect and are hereby ratified and confirmed by the Parties. Without limiting the generality of the foregoing, the amendments contained herein will not be construed as an amendment to or waiver of any other provision of the Existing Agreement or as a waiver of or consent to any further or future action on the part of either Party that would require the waiver or consent of the other Party. On and after the Effective Date, each reference in the Existing Agreement to “this Agreement,” “the Agreement,” “hereunder,” “hereof,” “herein,” or words of like import will mean and be a reference to the E xisting Agreement as amended by this Amendment. SIGNATURES ON FOLLOWING PAGE 14.b Packet Pg. 369 Attachment: Attachment 2- Resolution No. 2021- 128 - Exhibit A - First Amendment to Professional Services Agreement (7327 : First IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field, City Manager ATTESTED BY: Genoveva Rocha, CMC, City Clerk APPROVED AS TO FORM: Sonia Carvalho, City Attorney IDC CONSULTANT ENGINEERS, INC. Signature Name Title 14.b Packet Pg. 370 Attachment: Attachment 2- Resolution No. 2021- 128 - Exhibit A - First Amendment to Professional Services Agreement (7327 : First 14.c Packet Pg. 371 Attachment: Attachment 3 - Professional Services Agreement (7327 : First Amendment to Consultant Services Agreement - IDC Consulting 14.c Packet Pg. 372 Attachment: Attachment 3 - Professional Services Agreement (7327 : First Amendment to Consultant Services Agreement - IDC Consulting 14.c Packet Pg. 373 Attachment: Attachment 3 - Professional Services Agreement (7327 : First Amendment to Consultant Services Agreement - IDC Consulting 14.c Packet Pg. 374 Attachment: Attachment 3 - Professional Services Agreement (7327 : First Amendment to Consultant Services Agreement - IDC Consulting 14.c Packet Pg. 375 Attachment: Attachment 3 - Professional Services Agreement (7327 : First Amendment to Consultant Services Agreement - IDC Consulting 14.c Packet Pg. 376 Attachment: Attachment 3 - Professional Services Agreement (7327 : First Amendment to Consultant Services Agreement - IDC Consulting 14.c Packet Pg. 377 Attachment: Attachment 3 - Professional Services Agreement (7327 : First Amendment to Consultant Services Agreement - IDC Consulting 14.c Packet Pg. 378 Attachment: Attachment 3 - Professional Services Agreement (7327 : First Amendment to Consultant Services Agreement - IDC Consulting 14.c Packet Pg. 379 Attachment: Attachment 3 - Professional Services Agreement (7327 : First Amendment to Consultant Services Agreement - IDC Consulting 14.c Packet Pg. 380 Attachment: Attachment 3 - Professional Services Agreement (7327 : First Amendment to Consultant Services Agreement - IDC Consulting 14.c Packet Pg. 381 Attachment: Attachment 3 - Professional Services Agreement (7327 : First Amendment to Consultant Services Agreement - IDC Consulting 14.c Packet Pg. 382 Attachment: Attachment 3 - Professional Services Agreement (7327 : First Amendment to Consultant Services Agreement - IDC Consulting 14.c Packet Pg. 383 Attachment: Attachment 3 - Professional Services Agreement (7327 : First Amendment to Consultant Services Agreement - IDC Consulting 14.c Packet Pg. 384 Attachment: Attachment 3 - Professional Services Agreement (7327 : First Amendment to Consultant Services Agreement - IDC Consulting 14.d Packet Pg. 385 Attachment: Attachment 4 - Contract Extension (7327 : First Amendment to Consultant Services Agreement - IDC Consulting Engineers, Inc. 14.d Packet Pg. 386 Attachment: Attachment 4 - Contract Extension (7327 : First Amendment to Consultant Services Agreement - IDC Consulting Engineers, Inc. Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Professional Services Agreement for Administrative Hearing Officer Services (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-129 authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Palacios Law Office for Administrative Hearing Officer Services. Background The City has historically maintained an agreement with a qualified independent administrative hearing officer. The hearing officer considers certain ap peals under the San Bernardino Municipal Code, as it may be amended from time to time. At present, for example, this includes appeals of administrative citations, administrative civil penalties, service user tax determinations, and mobile home rental rate increases. Section 9.94.060 of the Municipal Code provides for due process so that “any aggrieved person may contest an action taken by and administrative officer of the City.” Chapter 9.94 of the Code lists the provisions that govern a hearing officer w ho would be tasked with making a final ruling. The City of San Bernardino’s current hearing officer services agreement with Jones and Mayer LLP is set to expire on June 30, 2021. Discussion On February 19, 2021, following the City’s standard purchasing procedure, a Request for Proposal (RFP F-21-19) for hearing officer services was issued. Using the City’s procurement system, Planet Bids, over 60 vendors were contacted with email invitations, including over 44 City of San Bernardino firms. Vendors were encouraged to submit a qualifying bid by the submission deadline of April 15, 2021. The bidding period was held open for 55 calendar days to allow the maximum number for prospective bidders to participate in the RFP, and submit questions to staff. The City received a total of three (3) proposals with two (2) of the firms meeting minimum requirements. Written proposals were reviewed by a selection committee comprised of City staff representing multiple departments throughout the City. After reviewing the written proposals the selection committee conducted follow-up interviews with the two qualifying proposers. In making a final selection determination , staff evaluated proposal scores, interview scores, cost, and best fit for the role. The 15 Packet Pg. 387 7329 Page 2 evaluation panel selected Elio Palacios Jr. of Palacios Law Offices in Riverside as the top candidate. Mr. Palacios has extensive experience in municipal law, having served as a Judge Pro Tem for the Counties of San Bernardino and Riverside, and a Hearing Officer for multiple cities in our region. 2020-2025 Key Strategic Targets and Goals The adoption of Resolution No. 2021-129 authorizing the City Manager to execute a Professional Services Agreement for Administrative Hearing Officer Services aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community. Fiscal Impact The funding required to support hearing officer services up to $200,000 has been included in the FY 2021/22 operating budget under General Government (account #001-090-0053*5502). The actual cost to the City each year depends on the number of hours hearing officer services are provided. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2021-129 authorizing the City Manager to execute a Professional Services Agreement between the City of San Bernardino and Palacios Law Offices for Administrative Hearing Officer Services. Attachments Attachment 2 Resolution No. 2021-129; Exhibit A - Professional Services Agreement for Administrative Hearing Officer Services - Palacios Law Offices Attachment 2 Request for Proposals RFP F-21-19 Ward: All 15 Packet Pg. 388 Resolution No. 2021-129 RESOLUTION NO. 2021-129 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PALACIOS LAW OFFICES FOR ADMINISTRATIVE HEARING OFFICER SERVICES. WHEREAS, on February 19, 2021 staff issued a Request for Proposal (RFP) for an Administrative Hearing Officer; and WHEREAS, on April 15, 2021, proposals were received from three (3) firms; and, WHEREAS, following a detailed analysis of each proposal, the two (2) highest scoring qualifying firms were selected as finalists; and WHEREAS, a selection committee comprised of representatives from Police, Code Enforcement, Business Registration, Animal Services, and the City Attorney’s Office conducted formal interviews with the finalists; and WHEREAS, the committee concluded that the firm Palacios Law Office demonstrated the best capability to provide Administrative Hearing Officer Services to meet the needs of the City. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized and directed to execute on behalf of the City of San Bernardino, an Agreement between Palacios Law Offices and the City of San Bernardino, for hearing officer and administrative law officer services under the San Bernardino Municipal Code. A copy of the Agreement is attached hereto marked Exhibit “A” and incorporated herein by reference as fully as though set forth at length. SECTION 2. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 3. 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 4. Effective Date. This Resolution shall become effective immediately. 15.a Packet Pg. 389 Attachment: Attachment 1: Resolution 2021-129 - Agreement with Palacios Law Offices for Administrative Hearing Officer Services [Revision 1] Resolution No. 2021-129 APPROVED and ADOPTED by the City Council and signed by the Mayor and att ested by the City Clerk this 2nd day of June, 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 15.a Packet Pg. 390 Attachment: Attachment 1: Resolution 2021-129 - Agreement with Palacios Law Offices for Administrative Hearing Officer Services [Revision 1] Resolution No. 2021-129 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 15.a Packet Pg. 391 Attachment: Attachment 1: Resolution 2021-129 - Agreement with Palacios Law Offices for Administrative Hearing Officer Services [Revision 1] PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PALACIOS LAW OFFICE This Agreement is made and entered into as of June 2, 2021 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 Palacios Law Office a Law Firm with its principal place of business at 7121 Magnolia Avenue, Riverside, California 92504 (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: Administrative Hearing Officer Services (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. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 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 Consultant under this Agreement exceed the sum of two-hundred thousand Dollars ($200,000) per year of the contract. Consultant’s rate shall not exceed Eighty Five Dollars ($85.00) per hour. This amount is to cover all related costs with the exception of mileage, 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 Consultants’ 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 15.b Packet Pg. 392 Attachment: Attachment 2: Exhibit A - Professional Services Agreement - Palacios Law Office (7329 : Professional Services Agreement for 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. 6. Term. This Agreement shall commence on the Effective Date and continue through the June 2, 2025 unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances 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. 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 15.b Packet Pg. 393 Attachment: Attachment 2: Exhibit A - Professional Services Agreement - Palacios Law Office (7329 : Professional Services Agreement for 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. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so 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. 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. 15.b Packet Pg. 394 Attachment: Attachment 2: Exhibit A - Professional Services Agreement - Palacios Law Office (7329 : Professional Services Agreement for (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). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteer’s 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 15.b Packet Pg. 395 Attachment: Attachment 2: Exhibit A - Professional Services Agreement - Palacios Law Office (7329 : Professional Services Agreement for (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 sub-consultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. g. Evidence Required 15.b Packet Pg. 396 Attachment: Attachment 2: Exhibit A - Professional Services Agreement - Palacios Law Office (7329 : Professional Services Agreement for Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. h. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non- payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. i. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: 15.b Packet Pg. 397 Attachment: Attachment 2: Exhibit A - Professional Services Agreement - Palacios Law Office (7329 : Professional Services Agreement for (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. j. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact 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 consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, 15.b Packet Pg. 398 Attachment: Attachment 2: Exhibit A - Professional Services Agreement - Palacios Law Office (7329 : Professional Services Agreement for received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected and appointed officials, employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its elected and appointed officials, employees, agents, or authorized volunteers. 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 subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. 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. 15.b Packet Pg. 399 Attachment: Attachment 2: Exhibit A - Professional Services Agreement - Palacios Law Office (7329 : Professional Services Agreement for 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Elio Palacios Jr. as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 15.b Packet Pg. 400 Attachment: Attachment 2: Exhibit A - Professional Services Agreement - Palacios Law Office (7329 : Professional Services Agreement for 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: Office of the City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Elio Palacios Jr. Palacios Law Office 7121 Magnolia Avenue Riverside, CA 92504 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 15.b Packet Pg. 401 Attachment: Attachment 2: Exhibit A - Professional Services Agreement - Palacios Law Office (7329 : Professional Services Agreement for 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE] 15.b Packet Pg. 402 Attachment: Attachment 2: Exhibit A - Professional Services Agreement - Palacios Law Office (7329 : Professional Services Agreement for SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PALACIOS LAW OFFICES IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO Approved By: Robert D. Field City Manager Approved as to Form: Sonia Carvalho City Attorney Attested By: Genoveva Rocha, CMC City Clerk CONSULTANT Signature Elio Palacios Jr. Title Owner 15.b Packet Pg. 403 Attachment: Attachment 2: Exhibit A - Professional Services Agreement - Palacios Law Office (7329 : Professional Services Agreement for EXHIBIT A Administrative Hearing Officer will conduct administrative hearings related to violations of the City's Municipal Code. The Administrative Hearing Officer will also act as the Administrative Law Officer, hearing Administrative Civil Penalty cases. In accordance with the City Municipal Code, the Hearing Officer considers appeals by property owners and individuals pertaining to Administrative Citations issued for violations of the City's Municipal Code. The Administrative Hearing Officer may determine fines, set timelines for completion of certain property maintenance work, and/or make other determinations regarding each case heard. The Administrative Hearing Officer will also act as the Administrative Law Officer hearing cases regarding citations issued under the City's Administrative Citation Process a more aggressive program utilized primarily for more egregious property maintenance violations. The Administrative Hearing Officer shall conduct fair and impartial hearings, hear testimony, issue final orders, impose Civil Penalties, and assess Administrative Costs consistent with the violation. The goal of this process is to gain property owner compliance as quickly as possible, and to recoup the City's code enforcement costs where appropriate. Scope of Services a. Administrative Hearing Officer shall work with City to conduct in-person hearings of contested citations. The Administrative Hearing Officer must meet all training, education and other requirements specified in the City’s Municipal Code 9.93.090, which apply to the appointment and qualifications of the Administrative Hearing Officer. b. Administrative Hearing Officer cannot be currently under contract with the City for other services, or be currently involved in any ligation to which the City is a party. c. Administrative Hearing Officer must be able to have the hearing order returned to the City Attorney’s Office within two weeks of the hearing date. The appeal process will be included in the order. d. The City will provide hearing room to carry out hearings. The location of hearings will be determined by the City. e. Administrative Hearing Officer must be available to hold hearings biweekly, and on days of the week to be mutually agreed upon by the City and Administrative Hearing Officer. Currently, hearings are being scheduled for Thursdays. Hearings are generally scheduled to last the entire business day. The actual schedule of hearings, including the number of hearings held per day and the hearing length, may vary. f. Administrative Hearing Officer is compensated on an hourly basis and not compensated for travel time. The hourly rate will include overhead expenses such as telephone, photocopy, postage, and related costs. Detail invoices are to be submitted to the City on a monthly basis including the citation number/case number, Hearing date, time incurred and hourly rate. g. The employment, performance, evaluation and compensation of the Administrative Hearing Officer are not conditioned on the amount of penalties upheld. Compensation and Expenses 1. Compensation. CITY agrees to pay, and HEARING OFFICER agrees to accept, as full compensation for the HEARING OFFICER’s services, compensation at the rate of Eighty Five Dollars ($85.00) per hour until such time as the Agreement terminates. In no event shall the terms exceed four years under this Agreement without further written authorization from 15.b Packet Pg. 404 Attachment: Attachment 2: Exhibit A - Professional Services Agreement - Palacios Law Office (7329 : Professional Services Agreement for the Mayor and City Council. This amount is to cover all related costs with the exception of mileage, and the City will not pay any additional fees for printing expenses. 2. City agrees to reimburse round-trip mileage expenses incurred by consultant. Mileage reimbursement is limited to consultant work address (7121 Magnolia Avenue Riverside CA, 92504) and San Bernardino Administrative Hearing facility (201 North E Street, 3rd Floor, San Bernardino, CA 92401). 15.b Packet Pg. 405 Attachment: Attachment 2: Exhibit A - Professional Services Agreement - Palacios Law Office (7329 : Professional Services Agreement for 15 15.b Packet Pg. 406 Attachment: Attachment 2: Exhibit A - Professional Services Agreement - Palacios Law Office (7329 : Professional Services Agreement for REQUEST FOR PROPOSALS FOR RFP F-21-19 ADMINISTRATIVE HEARING OFFICER SERVICES CITY OF SAN BERNARDINO 15.c Packet Pg. 407 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All SECTION I. INSTRUCTIONS TO BIDDERS 15.c Packet Pg. 408 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All A. Pre-Bid Conference/Job Walk N/A B. Examination of Bid Documents 1. By submitting a proposal, the Bidder represents that it has thoroughly examined and become familiar with the items required under this RFP and that it is capable of quality performance to achieve the City’s objectives. 2. The City reserves the right to remove from its mailing list for future RFPs, for an undetermined period of time, the name of any Bidder for failure to accept a contract, failure to respond to two (2) consecutive RFPs and/or unsatisfactory performance. Please note that a “No Bid” is considered a response. C. Addenda The City reserves the right to amend this RFP prior to the proposals due date. All amendments and additional information will be posted to the San Bernardino Purchasing page, www.sbcity.org > most popular> request for bids; bidders should check this web page daily for new information. D. Submitting Requests All questions, clarifications or comments must be submitted via the Planetbids.com website no later than 3:00 p.m. (P.S.T.) on March 19, 2021. https://www.planetbids.com/portal/portal.cfm?CompanyID=39495 E. City Responses Responses from the City will be posted to the Planet Bids website, https://www.planetbids.com/portal/portal.cfm?CompanyID=39495 by March 24, 2021. F. Submission of Proposals Complete proposals must be submitted electronically in PDF file format via the Planetbids.com website no later than 3:00 p.m. (P.S.T.) on April 1, 2021. Please allow time for system to process your proposal. Proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. 15.c Packet Pg. 409 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All The City plans to present the Service Agreement to City Council for adoption on May 19, 2021. Acceptance of Proposals 1. The City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. 2. The City reserves the right to withdraw this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any Bidder responding to this RFP. 3. The City reserves the right to postpone the proposal due date for its own convenience. G. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Bidder in: 1. preparing its proposal in response to this RFP; 2. submitting the proposal to the City; 3. negotiating with City any matter related to this proposal; or 4. other expenses incurred by the Bidder prior to date of award, if any of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Bidder in the preparation of its proposal. Bidder shall not include any such expenses as part of its proposal. H. Contract Award Issuance of this RFP and receipt of proposals does not commit the City to award a contract. The City reserves the right to accept or reject any or all proposals received in response to this RFP, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be terminated. The City’s goal is to procure what is deemed the best services. The City reserves the right to apportion the award among one or more Bidders based on each service. 15.c Packet Pg. 410 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All I. Acceptance of Order The successful Bidder will be required to accept a Purchase Order in accordance with and including as a part thereof the published Notice Inviting Bids and the RFP documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. J. Business License The City’s Business Ordinance requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. K. Local Vendor Preference The City of San Bernardino gives any formal or informal bid submitted by a local bidder a one percent (1%) credit for goods and materials, where labor and/or installation is incidental; and a five percent (5%) credit on Contractual services, for comparison purposes with other bidders, as authorized in the San Bernardino Municipal Code Section 3.04.125, and Executive Order 2003-1, respectively. For the purposes of this section, “local bidders” shall be bidders for which the point of sale of the goods, materials or services shall be within the limits of the City of San Bernardino. 15.c Packet Pg. 411 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All SECTION II. INSURANCE 15.c Packet Pg. 412 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All Coverage. Coverage shall be at least as broad as the following: a. Commercial General Liability. Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001). This coverage shall include: i. Manufacturers and Contractors liability, ii. Broad form property damage in any case where the Contractor has any property belonging to the City in the Contractor’s care, custody, or control, iii. Owners and Contractors’ protective liability, iv. Blanket contractual liability, v. Products and completed operations coverage, and vi. Coverage for collapse, explosion, and excavation. b. Automobile Liability. Insurance Services Office Automobile Liability Coverage (Form CA 0001), covering Symbol 1 (any auto). This coverage shall include: i. Coverage for owned, non-owned, and hired automobiles Limits. The Contractor shall maintain limits no less than the following: a. Commercial General Liability. One million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for bodily injury (including death), personal injury and property damage, unless otherwise authorized by the City’s Risk Manager, or his designee. If Commercial General Liability insurance or other form with a general aggregate limit or products-completed operations aggregate limit is used, either the general aggregate limit shall apply separately to the work (with the ISO CG 2503, or ISO CG 2504, or insurer’s equivalent endorsement provided by the City) or the general aggregate limit and products-completed operations aggregate limit shall be twice the required occurrence limit. b. Automobile Liability. One million dollars ($1,000,000) per occurrence for bodily injury (including death), and property damage for each accident/incident, unless otherwise authorized by the City’s Risk Manager, or his designee. c. No Limitation on Indemnification. These minimum amounts of coverage shall not constitute any limitation or cap on Contractor’s indemnification obligation. 15.c Packet Pg. 413 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All Required Provisions. a. Policies shall include premises/operations, products, completed operations, independent contractors, owners and contractors’ protection, explosion, collapse, underground hazard, broad form contractual, personal injury with employment exclusion deleted, and broad form property damage. b. The policy shall be endorsed to waive any right of subrogation against the City, and it’s Sub Consultants, employees, officers, agents and directors for work performed under this Contract. c. The policy shall specify that the insurance provided by Contractor will be considered primary and not contributory to any other insurance available to the City. d. The policy shall include the following provision: “Solely as respects WORK done by and on behalf of the named insured for the City of San Bernardino, it is agreed that the City of San Bernardino and its officers, employees and agents are added as additional insured under this policy." e. If policies are written on claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the project. The retroactive date of the coverage must also be listed. Expiration, Cancellation or Material Change. The policies shall not be canceled unless thirty (30) days prior written notification of intended expiration, cancellation or material change has been given to the City of San Bernardino by certified or registered mail. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be declared to and approved by the City of San Bernardino. The City reserves the right to either approve, reduce, or eliminate such deductibles or self-insured retentions. WORKERS' COMPENSATION / EMPLOYER’S LIABILITY INSURANCE General. The Contractor and all subcontractors shall insure (or be self-insured), under the applicable laws relating to workers’ compensation insurance, all of their employees performing the work, in accordance with the “Workers’ Compensation and Insurance Act", Division IV of the Labor Code of the State of California and any Acts amending thereof. 15.c Packet Pg. 414 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All Insurance Requirements. a. Secure and Maintain Insurance. Prior to City’s execution of the Agreement, Contractor shall secure, and shall thereafter maintain without lapse of coverage until completion of the Contract such workers’ compensation and/or employer’s liability insurance. b. Provide Certificates of Insurance. Prior to the City’s execution of the Agreement, Contractor shall submit an original certificate of insurance, or self-insurance, to the City verifying that Workers’ Compensation insurance is in effect in the required limits with the required provisions as stated below, or that Contractor is self-insured for such coverage. If Contractor has no employees, a certified statement to that affect shall be submitted to the City, acknowledging that if Contractor does employ any person a certificate of insurance shall be submitted as provided in this section. c. W o rkers’ Co m p e n sa tio n Ce rtif icat ion . Contractor shall comply with Labor Code Section 1861. Proper Insurance Company. All worker’s compensation/employer’s liability insurance shall be issued by an insurance company or companies authorized to transact insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class VII or larger. Limits. Statutory limits are required for Workers’ Compensation. Employer’s Liability s hall be no less than one million dollars ($1,000,000). Required Provisions. Policy shall be endorsed to waive any right of subrogation against the City, and its Sub-consultants, employees, officers, agents and directors for work performed under this Contract. 15.c Packet Pg. 415 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All SECTION III. SCOPE OF SERVICES 15.c Packet Pg. 416 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All The City of San Bernardino is seeking the services of an Administrative Hearing Officer for the purpose of conducting administrative hearings related to violations of the City's Municipal Code. The Administrative Hearing Officer will also act as the Administrative Law Officer, hearing Administrative Civil Penalty cases. In accordance with the City Municipal Code, the Hearing Officer considers appeals by property owners and individuals pertaining to Administrative Citations issued for violations of the City's Municipal Code. The Administrative Hearing Officer may determine fines, set timelines for completion of certain property maintenance work, and/or make other determinations regarding each case heard. The Administrative Hearing Officer will also act as the Administrative Law Officer hearing cases regarding citations issued under the City's Administrative Citation Process a more aggressive program utilized primarily for more egregious property maintenance violations. The Administrative Hearing Officer shall conduct fair and impartial hearings, hear testimony, issue final orders and impose Civil Penalties and assess Administ rative Costs consistent with the violation. The goal of this process is to gain property owner compliance as quickly as possible, and to recoup the City's code enforcement costs where appropriate. Scope of Services a. Administrative Hearing Officer shall work with City to conduct in-person hearings of contested citations. The Administrative Hearing Officer must meet all training, education and other requirements specified in the City’s Municipal Code 9.93.090, which apply to the appointment and qualifications of the Administrative Hearing Officer. b. Administrative Hearing Officer cannot be currently under contract with the City for other services, or be currently involved in any ligation to which the City is a party. c. Administrative Hearing Officer must be able to have the hearing order returned to the City Attorney’s Office within two weeks of the hearing date. The appeal process will be included in the order. d. The City will provide hearing room to carry out hearings. The location of hearings will be determined by the City. e. Administrative Hearing Officer must be available to hold hearings biweekly, and on days of the week to be mutually agreed upon by the City and Administrative Hearing Officer. Currently, hearings are being scheduled for Thursdays. Hearings are generally scheduled to last the entire business day. The actual schedule of hearings, including the number of hearings held per day and the hearing length, may vary. f. Administrative Hearing Officer is compensated on an hourly basis and not compensated for travel time. The hourly rate will include overhead expenses such as telephone, photocopy, postage, mileage, and related costs. Detail invoices are to be submitted to the City on a monthly basis including the citation number/case number, hearing date, time incurred and hourly rate. g. The employment, performance, evaluation and compensation of the Administrative Hearing Officer are not conditioned on the amount of penalties upheld. 15.c Packet Pg. 417 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All SECTION IV. PROPOSAL CONTENT 15.c Packet Pg. 418 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All A. PROPOSAL FORMAT AND CONTENT 1. Presentation Proposals should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Proposals shall contain the following: a. identification of Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; c. acknowledgment of receipt of all RFP addenda, if any; d. name, title, address and telephone number of contact person during period of proposal evaluation; and; e. a statement to the effect that the proposal shall remain valid for a period of not less than 120 days from the date of submittal. 2. Qualifications, Related Experience and References of Bidder The information requested in this section should describe the qualifications of the firm, key staff and sub-contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: a. Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of work; b. A summary of your firm’s demonstrated capability, including length of time that your firm has provided the services being requested in this RFP; and c. At least three (3) local references that received similar services from your firm. Reference information shall include:  client name;  project description;  project start and end dates; and 15.c Packet Pg. 419 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All  client project manager name, telephone number, and e- mail address The City of San Bernardino reserves the right to contact any of the organizations or individuals listed. This section of the proposal should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. Bidder shall: a. Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; b. Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP; and c. Provide, as a minimum, two (2) references from current customers of a similar size as the City as related experience; reference shall furnish the name, title, email, address and telephone number of the person(s) and the client organization who is most knowledgeable about the work performed. 3. Appendices Information considered by Bidder to be pertinent to this RFP and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be brief. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a proposal, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder’s response. Proposals lacking copies and/or proof of said licenses and/or certifications may be deemed non- responsive and may be rejected. 15.c Packet Pg. 420 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All C. REQUIRED FORMS Bidder shall complete and attach to the proposal the following “Subcontractor’s List” and “Rejection of Proposals & Acknowledgements” forms. D. COST AND PRICE FORMS Bidder shall create a Cost/Price Form in its entirety including: 1) all items/services listed in scope of work 2) all additional costs associated with performance of specifications; and 3) Bidder’s identification information including a binding signature. 15.c Packet Pg. 421 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All SUBCONTRACTOR’S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one- half of one percent of the General Contractor’s total proposal and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF WORK OR TRADE NAME OF FIRM OR CONTRACTOR LOCATION CITY Print Name Signature of Bidder Company Name: Address: 15.c Packet Pg. 422 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All REJECTION OF PROPOSALS & ACKNOWLEDGEMENTS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all proposals, and reserves the right to waive informalities in a proposal or proposals not affected by law, if to do so seems to best serve the public interest. In signing this proposal, Bidder warrants that all addenda to this RFP were reviewed by Bidder, and all certifications and documents requested herein are attached and properly completed and signed. Name of Authorized Representative: Signature: Company Name: Address: Phone/Fax and Email: 15.c Packet Pg. 423 Attachment: Attachment 3: Exhibit B - RFP F-21-19 (7329 : Professional Services Agreement for Administrative Hearing Officer Services (All Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Kris Jensen, Director of Public Works Subject: Revised Capital Improvement Program (FY 2020/21-FY 2024/25) Measure I Local Expenditures (All Wards) Recommendation Adopt Resolution No. 2021-130 of the Mayor and City Council of the City of San Bernardino, California, approving the Revised Measure I Five -Year Capital Improvement Plan for FY 2020/21 through FY 2024/25 and Measure I Expenditure Strategy. Background In November 1989, voters approved Measure I authorizing the San Bernardino County Transportation Authority (SBCTA) to impose a one -half of one percent retail transaction and use tax. This tax was applicable throughout the County for a period of 20 years beginning April 1, 1990 and extending to March 31, 2010, and is commonly known as the 1/2-Cent Sales and Road Tax (Measure 1). In November 2004, voters appro ved an extension of the 1/2-cent sales tax for an additional 30 years from April 1, 2010, through March 31, 2040. To distinguish the two programs, they are being referenced as Measure I 1990-2010 and Measure I 2010-2040. On July 17, 2020, the Mayor and City Council adopted Resolution No. 2020-143 approving a Five-Year Capital Improvement Program (FY2020/21) for Measure I (MICIP). This program identified the projects, estimated Measure I expenditures and provided brief descriptions of projects and programs to be undertaken with Measure I funding. Approval of the CIP program is an administrative requirement for both the original and subsequent voter approved measures. Following approval of the MICIP in 2020, staff began initiating work on many of the projects. As projects have progressed, required funding has been revised based on project needs. Over the course of the fiscal year, a number of additional Measure I funded projects have been approved by the Mayor and City Council and added to the City's Capital Improvement Plan. Staff is requesting to update the MICIP to accurately reflect the projects approved throughout the year. All revisions to the MICIP must also be approved by the Mayor and City Council prior to submission to SBCTA. 16 Packet Pg. 424 7332 Page 2 Discussion City staff is recommending approval of the revised Five -Year Capital Improvement Program (FY 2020/21) for Measure I (Attachment 2). The projects shown in the revised five-year of the MICIP reflect the projects and the revised CIP budget. Only projects in the first year of the budget are funded in FY 2020/21. The City is projected to receive $3,198,957 in Measure I pass through funds for FY 2020/21. Exhibit A reflects revisions to the allocation of Measure I funds within the City's Capital Improvement Budget. The proposed projects were selected based upon need and importance to the City's roadway network and are consistent with the approved Capital Improvement Program and the Public Works Department Work Plan. Changes to the MICIP during the year are permitted, s ubject to approval of plan amendments authorized by resolution of the Mayor and City Council. SBCTA also requires the local agencies to provide an "Expenditure Strategy". Exhibit B reflects a copy of the Expenditure Strategy Document for FY 2020/21. Staff is recommending approval of the revised Five -Year MICIP for FY 2021/25. 2020-2025 Strategic Targets and Goals The revision of the Measure I Five-year CIP is consistent with Key Target No 1c: Create a framework for spending decisions as it reflects the most current and highest priority need for use of Measure I Funds in the current fiscal year. Fiscal Impact There is no fiscal impact associated with approval of this item. The projects listed in the revised Five-Year MICIP (FY 2021/25) for Measure I Local Expenditures have previously been approved, and their respective funding sources identified, in the City's Capital Improvement Program. Conclusion It is recommended that the Mayor and City Adopt Resolution No. 2021 -130 of the Mayor and City Council of the City of San Bernardino, California, approving the Revised Measure I Five-Year Capital Improvement Plan for FY 2020/21 through FY 2024/25 and Measure I Expenditure Strategy. Attachments Attachment 1 Resolution No. 2021-130; Attachment 2 Resolution No. 2021-130; Exhibit A - MICIP Report San Bernardino Attachment 3 Resolution No. 2021-130; Exhibit B - 5 Year CIP Measure I Expenditure Strategy Attachment 4 Location Map Ward: All Synopsis of Previous Council Actions: November 15, 2012 Resolution No. 2012-258 adopted the Five-Year Measure I Capital Improvement Program for FY 2012-2017. 16 Packet Pg. 425 7332 Page 3 October 21, 2013 Resolution No. 2013-296 adopted the Five-Year Measure I Capital Improvement Program for FY 2013-2018. October 20, 2014 Resolution No. 2014-374 adopted the Five-Year Measure I Capital Improvement Program for FY 2014-2019. December 7, 2015 Resolution No. 2015-273 adopted the Five-Year Measure I Capital Improvement Program for FY 2015-2020. March 20, 2017 Resolution No. 2017-047 adopted the Five-Year Measure I Capital Improvement Program for FY 2016-2021. February 7, 2018 Resolution No. 2018- 031adopted the Five-Year Measure I Capital Improvement Program for FY 2017-2022. August 15, 2018 Resolution No. 2018- 235 adopted the Five-Year Measure I Capital Improvement Program for FY 2018-2023. June 5, 2019 Resolution No. 2019- 083 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2018-2023. July 17, 2019 Resolution No. 2019- 172 adopted the Five-Year Measure I Capital Improvement Program for FY 2019-2024. June03, 2020 Resolution No. 2020-115 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2019-2024. June 17, 2020 Resolution No. 2020- 143 adopted the Five-Year Measure I Capital Improvement Program for FY 2020-2025. 16 Packet Pg. 426 Resolution No. 2021-130 RESOLUTION NO. 2021-130 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING THE REVISED MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FY 2020/21 THROUGH FY 2024/25 AND MEASURE I EXPENDITURE STRATEGY WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, Revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04- 01 of the Authority; and WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and WHEREAS, On July 17, 2020, the Mayor and City Council adopted Resolution No. 2020-143 approving the Measure I Five Year Capital Improvement Plan (MICIP) for FY 2020/21 Thru FY 2024/25, Measure I Expenditure Strategy; and WHEREAS, the City now wishes to revise the MICIP for FY2020/21 projects to reflect the current priority of use for Measure I funding. 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 of the City of San Bernardino hereby approves the Revised Five-Year Capital Improvement Program (FY 2020-2025) for Measure I Local Expenditures (MICIP) attached hereto and incorporated herein as Exhibit ‘A’. SECTION 3. The Mayor and City Council of the City of San Bernardino hereby approves the Expenditure Strategy attached hereto and incorporated herein as Exhibit ‘B’. SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that 16.a Packet Pg. 427 Attachment: Attachment No. 1- Resolution No. 2021-130 Revised Capital Improvement Program (FY 2020/21-FY 2024/25) Measure I Local Resolution No. 2021-130 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 ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 16.a Packet Pg. 428 Attachment: Attachment No. 1- Resolution No. 2021-130 Revised Capital Improvement Program (FY 2020/21-FY 2024/25) Measure I Local Resolution No. 2021-130 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 16.a Packet Pg. 429 Attachment: Attachment No. 1- Resolution No. 2021-130 Revised Capital Improvement Program (FY 2020/21-FY 2024/25) Measure I Local Resolution Number: Contact Person/Title: Alex Qishta Measure I Local Pass-through Program San Bernardino, City of Phone: (909) 384-5019 Email: Qishta_al@sbcity.org FIVE YEAR CAPITAL IMPROVEMENT PLAN (REVISED)6/30/2020 Carry Over Balance $6,867,963.00 Fiscal Years 2020/2021 thru 2024/2025 Total Est. Rev. $3,811,011.00 $3,665,431.00 $19,084,963.00 No No 0%100% $784,000.00 700,000.00 84000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $784,000.00 No No 0%100%$3,001,582.00 $159,731.00 $1,493,000.00 $0.00 $533,851.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,186,582.00 No No 0%100%$497,163.00 $497,163.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $497,163.00 No No 0%100%$246,700.00 $199,431.00 $47,269.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $246,700.00 $3,414,311.00 $644,091.00 $770,220.00 $0.00 $500,000.00 $0.00 $500,000.00 $0.00 $500,000.00 $0.00 $500,000.00 $3,414,311.00 No No 0%100%$84,400.00 $84,400.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $84,400.00 No No 0%100%$490,000.00 $0.00 $490,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $490,000.00 $21,466.50 $0.00 $21,466.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $21,466.50 No No 0%100%$2,039,582.00 $403,313.00 $385,940.00 $0.00 $749,272.00 $0.00 $501,057.00 $0.00 $0.00 $0.00 $0.00 $2,039,582.00 $2,688,129.00 $3,291,895.50 $0.00 $1,783,123.00 $0.00 $1,001,057.00 $0.00 $500,000.00 $0.00 $500000.00 $9,764,204.50 No No $8,250,000.00 $1,650,000.00 $1,650,000.00 $1,650,000.00 $1,650,000.00 $1,650,000.00 $8,250,000.00 $1,650,000.00 $1,650,000.00 $1,650,000.00 $1,650,000.00 $1,650,000.00 $8,250,000.00 41.86%43.30%45.02%43.71%42.40% Total Carryover Programming:$2,688,129.00 Total Estimated Programming:$15,326,075.50 Total Programming:$18,014,204.50 Total Programming is currently 84.01% (must not exceed 150%) of Carryover Balance + Total Est. Revenue.-4,179,834.00 FY2021/22 Est. Revenue $3,774,993.00 Is Project in City's Non-motorized Transportation Plan? (Yes/No) Does Project have an ATP Component? (Yes/No) Is the Project on the City's Nexus Study List? (Public/DIF Share %) FY2024/25 Est. RevenueFY2022/23 Est. Revenue $3,941,963.00 Current Estimate Carryover Funds Citywide Street Rehabilitation (Annual)-Industrial Road from Waterman Avenue to Steele Road, Pepper Avenue Rehabilitation from Baseline Road to Mill Street Co-op with City of Redland for Mountain View Avenue Resurfacing from -10 Freeway to the Mission Zanja Channel University Parkway & I-215 Improvements Citywide Pavement Rehabilitation (Slurry / Crack Seal) at Auto Center Dr b/w Camino Real and Show Case Dri,Auto Center Road b/w I-215 on Ramp and Fairway Drive, Fairway Dr b/w Auto Center Rd and Camino Real, Camino Real b/w Auto Center Rd and Fairway Dr, Showcase Dr North b/w Century Dr and Auto Center Rd, Show case Dr South b/w Century Dr and Auto Center Rd. Arrowhead farm area Street Rehabilitation, 40th Street between Johnson Avenue and 3rd Avenue Alabama Street Rehabilitation between 3rd Street and River Bluff Avenue TotalNamed Projects: Sterling Avenue Rehabilitation from Pacific Street to Highland Avenue Co-op with City of Highland for Sixth Street from Fairfax Lane to Del Rosa Avenue, Elmwood Road from South end to Union Street – Slurry Seal, Ninth St. from 600’ east of Tippecanoe Ave. to 1,140’ east of Tippecanoe Av. – Mill & Overlay, Sterling Avenue from 6th Street to 352’ north of 7th Street – Mill & Overlay, Sixth St. from Sterling Ave. to 1,814’ east of Sterling Ave – Mill & Overlay, Sixth Street from Roberts Street to Victoria Avenue – Mill & Overlay, Jane Street from Rogers Lane to easterly terminus – Mill & Overlay, 17th Street from Valaria Drive to Lynwood Way – Remove & Replace, Rockford Avenue from Western Avenue to northerly terminus – Slurry Seal, Mansfield St. from 200’ west of Central Ave. to Central Ave. – Slurry Seal, Central Ave. from 75’ south of Fisher St. north of Mansfield St. – Slurry Seal, Orange Street from Clifton Avenue to Pacific Street – Slurry Seal, Pacific Street from Buckeye Street to Boulder Avenue – Remove & Replace, Atlantic Ave. from Palm Ave. to City Limits east of Seine Ave. – 2” AC Cap, Pacific Street Pavement Rehabilitation from Victoria Avenue to Palm Avenue, Pacific Street Pavement Rehabilitation from Palm Avenue to Church Avenue, Pacific Street Bikeway Improvements from Guthrie Street to Church Avenue, Tippecanoe Avenue Improvements from 9th Street to Vine Street, 3rd Street near Palm Avenue (SS19-00) Current Estimate Carryover Funds Current Estimate Carryover Funds Current Estimate Carryover Funds Current Estimate Carryover FundsEstimated Total Project Cost $3,891,565.00 FY2020/21 Est. Revenue FY2023/24 Est. Revenue Named Projects Total: Total Carryover + Estimate: (%) Named Projects to FY Est. Revenue:151.70%46.79%27.31%13.25%12.85% $5,980,024.50 $1,783,123.00 $1,001,057.00 $500,000.00 $500,000.00 Categorical Projects: Electrical Charges for Street Lights and Traffic Signals Categorical Projects Total: (%) Categorical Projects to FY Est. Revenue: 16.b Packet Pg. 430 Attachment: Attachment No. 2 - Resolution No. 2021-130 - Exhibit A - Revied MICIP Report (7332 : Revised Capital Improvement Program (FY CITY OF SAN BERNARDINO MEASURE I CAPITAL IMPROVEMENT PLAN EXPENDITURE STRATEGY Fiscal Year 2020/2021 to 2024/2025 The Cit y of San Bernardino will continue to place emphasis on both its regional and sub-regional arterial roadwa y s ystem. At least fifty percent of the City's Measure I allocation will be earmarked for specific capital projects that are geared toward improving traffic flow and motorist convenience. Failing pavement surfaces will be rehabilitated and traffic striping modified as needed to accommodate increased traffic demand ; and intersection capacit y will be improved with new and modified traffic signals. In addition to the above Capital Improvement Program , San Bernardino will continue to allocate up to fift y percent of its annual Measure I funds towards public works maintenance activities. Maintenance work will continue to include the Cit y's traffic signal systems, sidewalk and curb repair, and pavement repair and overla y on the local street system. 16.c Packet Pg. 431 Attachment: Attachment No. 3 - Resolution No. 2021-130; Exhibit B - 5 Year CIP Measure I Expenditure Strategy (7332 : Revised Capital 16.d Packet Pg. 432 Attachment: Attachment No. 4 - Location Map (7332 : Revised Capital Improvement Program (FY 2020/21-FY 2024/25) Measure I Local 16.d Packet Pg. 433 Attachment: Attachment No. 4 - Location Map (7332 : Revised Capital Improvement Program (FY 2020/21-FY 2024/25) Measure I Local 16.d Packet Pg. 434 Attachment: Attachment No. 4 - Location Map (7332 : Revised Capital Improvement Program (FY 2020/21-FY 2024/25) Measure I Local 16.d Packet Pg. 435 Attachment: Attachment No. 4 - Location Map (7332 : Revised Capital Improvement Program (FY 2020/21-FY 2024/25) Measure I Local 16.d Packet Pg. 436 Attachment: Attachment No. 4 - Location Map (7332 : Revised Capital Improvement Program (FY 2020/21-FY 2024/25) Measure I Local 16.d Packet Pg. 437 Attachment: Attachment No. 4 - Location Map (7332 : Revised Capital Improvement Program (FY 2020/21-FY 2024/25) Measure I Local 16.d Packet Pg. 438 Attachment: Attachment No. 4 - Location Map (7332 : Revised Capital Improvement Program (FY 2020/21-FY 2024/25) Measure I Local 16.d Packet Pg. 439 Attachment: Attachment No. 4 - Location Map (7332 : Revised Capital Improvement Program (FY 2020/21-FY 2024/25) Measure I Local 16.d Packet Pg. 440 Attachment: Attachment No. 4 - Location Map (7332 : Revised Capital Improvement Program (FY 2020/21-FY 2024/25) Measure I Local 16.d Packet Pg. 441 Attachment: Attachment No. 4 - Location Map (7332 : Revised Capital Improvement Program (FY 2020/21-FY 2024/25) Measure I Local Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Kris Jensen, Director of Public Works Subject: PSA for On-Call Plan Review, Inspection & Stormwater Management Services (All Wards) Recommendation Adopt Resolution No. 2021-131 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a two-year Professional Services Agreement with Valued Engineering, Inc., to include three (3) one -year extension options for Plan Review, Inspection & Stormwater Management Services. Background The City of San Bernardino Public Works Department is responsible for the implementation of the City’s comprehensive General Plan that provides long range development policies for managed growth and development. The Department is charged with regulating growth and development through the City’s implementation tool referred to as the Development Code that carries out the policies established in the General Plan. The Land Development Division is responsible for reviewing on-site improvement plans for residential, commercial and industrial projects and prepares conditions of approval to ensure development is in accordance with City standards and ordinances. Land Development specifically focuses on the plan check and inspections required of development projects on private property. These include: site grading, seismic fault investigation, drainage, stormwater management, FEMA flood plain review, ADA accessibility, onsite utilities and related offsite improvements (e.g. driveways, etc.). Field inspectors work with contractors to ensure the project is built in accordance with the approved construction drawings. The Division checks subdivision maps, parcel maps and lot line adjustments to ensure conformance with the Subdivision Map Act. The Division also works with Public Works to ensure compliance with onsite water retention to reduce impacts to the City’s Municipal Separate Storm Sewer System (MS4). Staff reviews Preliminary Water Quality Management Plans for projects on private property to meet stormwater quality standards. Staff works closely with planning to ensure compliance with onsite water retention to reduce impacts to the City’s MS4 System. Recently, staff solicited for professional services to establish On-Call Plan Review, Inspection and Stormwater Management Services. Award of these professional services 17 Packet Pg. 442 7333 Page 2 is the next step in allowing staff to move forward with the as needed Plan Review, Inspection & Stormwater Management Services. Discussion On February 18, 2021, a Request for Proposals (RFP) for a professional service was released to consultants who had previously indicated an interest in receiving solicitations f or this type of work. The RFP was also made publicly available on the City’s “Request for Bids” website. On March 18, 2021, six proposals were received by the following firms: Firm Location Bureau Veritas Santa Ana, CA Infrastructure Engineers Brea, CA Interwest Ontario, CA Willdan San Bernardino, CA Valued Engineering, Inc. Upland, CA Transtech San Bernardino, CA The proposals were evaluated by staff based on a number of criteria including: Understanding of the work to be perf ormed Experience with similar kinds of work (including experience with the City) Qualifications of key personnel Rates Capability of developing innovative or advanced techniques Familiarity with state and federal procedures Financial responsibility Demonstrated technical ability The proposals were reviewed by a panel of staff members from the Public Works and Community and Economic Development Departments using the City’s standard evaluation criteria for professional services. All firms presented and were interviewed by the panel. Valued Engineering, Inc. received the highest ratings in the areas of related experience, adequacy of staff, completion schedule, depth of understanding of the project, and project approach. Valued Engineering, Inc. has an extensive experience and successfully completed similar tasks for numerous cities statewide. The panel determined Valued Engineering, Inc. demonstrated the capability to provide on call plan review, inspection , and stormwater management servic es. Staff is recommending a two-year contract with three (3) one-year extensions options to be provided to Valued Engineering. It should be noted that work related to these services will be funded from the collected plan check fee from the developers. Al l work will only be authorized by task order on an as-needed basis. 17 Packet Pg. 443 7333 Page 3 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1d: Financial Stability - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving infrastructure throughout the City. Fiscal Impact There is no General Fund impact associated with this action. Budget for the proposed work is established through the fee collected for the services from the developers. Conclusion Adopt Resolution No. 2021-131 of the Mayor and City Council of the City of San Bernardino, California, approving the award of two -year Professional Services Agreement with Valued Engineering, Inc., to include three (3) one -year extension options for Plan Review, Inspection & Stormwater Management Services. Attachments Attachment 1 Resolution No. 2021-131; Attachment 2 Resolution No. 2021-131; Exhibit A - Agreement Ward: All Synopsis of Previous Council Actions: None 17 Packet Pg. 444 Resolution No. 2021-131 RESOLUTION NO. 2021-131 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF A TWO-YEAR PROFESSIONAL SERVICES AGREEMENT WITH VALUED ENGINEERING, INC., TO INCLUDE THREE (3) ONE-YEAR EXTENSION OPTIONS FOR PLAN REVIEW, INSPECTION & STORMWATER MANAGEMENT SERVICES WHEREAS, the Public Works Department is responsible for the implementation of the City’s comprehensive General Plan that provides long-range development policies for managed growth and development: and WHEREAS, the Land Development Division is responsible for reviewing on-site improvement plans for residential, commercial and industrial projects and prepares conditions of approval to ensure development in accordance with City standards and ordinances, focusing specifically on the plan check and inspections required of development projects on private property; and WHEREAS, the Division also works with the Public Works and Planning departments to ensure compliance with onsite water retention to reduce impacts to the City’s Municipal Separate Storm Sewer System (MS4), performing reviews of Preliminary Water Quality Management Plans for projects on private property to meet storm-water quality standards; and WHEREAS, in February, 2021 staff released a Request for Proposals (RFP) to provide Plan Review, Inspection & Stormwater Management Services Public Works Department which resulted in six submittals from Bureau Veritas, Infrastructure Engineers, Interwest, Willdan, Valued Engineering, Inc. and Transtech; and WHEREAS, submittals from all firms were evaluated and Valued Engineering, Inc. was ultimately selected to provide Plan Review, Inspection & Stormwater Management Services Public Works Department per fee schedule submitted and included in the Design Service Agreement; and WHEREAS, the City now wishes to enter into a Professional Services Agreement with Valued Engineering, Inc. to provide Plan Review, Inspection & Stormwater Management Services Public Works Department. 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. 17.a Packet Pg. 445 Attachment: Attachment 1 - Resolution No. 2021-131 PSA for On-Call Plan Review, Inspection & Stormwater Management Services (7333 : PSA Resolution No. 2021-131 SECTION 2. The City Manager, or designee, is hereby authorized to execute a Professional Services Agreement and any supporting documents, to provide Plan Review, Inspection & Stormwater Management Services Public Works Department per fee schedule submitted and included in the Professional Service Agreement on behalf of the City, attached hereto and incorporated herein as Exhibit “A”. SECTION 3. The City Manager, or designee, is hereby authorized to extend the Agreement in accordance with the option terms of the Agreement, attached hereto and incorporated herein as Exhibit “A SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CE QA 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 ___ day of __________, 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 17.a Packet Pg. 446 Attachment: Attachment 1 - Resolution No. 2021-131 PSA for On-Call Plan Review, Inspection & Stormwater Management Services (7333 : PSA Resolution No. 2021-131 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 17.a Packet Pg. 447 Attachment: Attachment 1 - Resolution No. 2021-131 PSA for On-Call Plan Review, Inspection & Stormwater Management Services (7333 : PSA 17.b Packet Pg. 448 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 449 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 450 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 451 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 452 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 453 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 454 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 455 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 456 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 457 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 458 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 459 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 460 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 461 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 462 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 463 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 464 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 465 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 466 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 467 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 468 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 469 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 470 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 471 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 472 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 473 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 474 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 475 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 476 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 477 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 478 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 479 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 480 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 481 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 482 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater 17.b Packet Pg. 483 Attachment: Attachment 2 - Resolution No. 2021-131; Exhibit A - Agreement (7333 : PSA for On-Call Plan Review, Inspection & Stormwater Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Eric McBride, Interim Chief of Police Subject: Accept the Project Safe Neighborhoods Grant (All Wards) Recommendation Adopt Resolution No. 2021-132 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept the FY 2020 Project Safe Neighborhoods Grant and authorize the Director of Finance to amend the FY 2020/21 Adopted Budget appropriating $174,496 in both revenue and expenditures. Background The Project Safe Neighborhoods (PSN) Violent Gang and Gun Crime Reduction Program is administered by the U.S. Department of Justice (DOJ), Bureau of Justice Assistance (BJA) through the Children’s Initiative (TCI). The PSN Grant is a competitive grant process. The Department submitted a grant proposal on February 2, 2021. On May 11, 2021, the Department was notified it would receive $174,496 in grant funding to support the proposed program. Discussion The PSN Program is designed to create and encourage safer neighborhoods through sustained reduction in violent crime. The grant funding has been authorized to be used by the Department to fund overtime for data -driven violent crime impact teams. The grant is a three-year grant; however, the Department anticipates expending all funding within the first two years. 2020-2025 Key Strategic Targets and Goals The request to authorize the receipt, obligation, and expenditure of the FY 2020 PSN Grant aligns with Key Target No. 1: Financial Stability - Implement, maintain, and update a fiscal accountability plan. Fiscal Impact The financial impact to the City is $174,496 in both re venues and expenditures in the FY2020/21 Adopted Budget. There are no fund match requirements under this grant. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-132 authorizing the City Manager to accept the 18 Packet Pg. 484 7340 Page 2 FY 2020 Project Safe Neighborhoods Grant and authorize the Director of Finance to amend the FY 2020/21 Adopted Budget appropriating $174,496 in both revenue and expenditures. Attachments Attachment 1 Resolution 2021-132 Ward: All Synopsis of Previous Council Actions: None 18 Packet Pg. 485 RESOLUTION NO. 2021-132 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE FY 2020 PROJECT SAFE NEIGHBORHOODS GRANT AND AUTHORIZE THE DIRECTOR OF FINANCE TO AMEND THE FY 2020/21 ADOPTED BUDGET APPROPRIATING $174,496 IN BOTH REVENUE AND EXPENDITURES WHEREAS, the City of San Bernardino has been awarded the FY 2020 Project Safe Neighborhoods Grant funding in the amount of $174,496; and, WHEREAS, the City will use the grant funding to support data driven impact patrols to reduce violent crime in the City. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute the grant agreement between the City of San Bernardino and the Children’s Initiative and accept the FY 2020 Project Safe Neighborhoods Grant in the amount of $174,496. SECTION 3. The Director of Finance is hereby authorized to amend the FY 2020/21 Adopted Budget increasing revenue and expenditures by $174,496. SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 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. 18.a Packet Pg. 486 Attachment: Attachment 1 Resolution 2021-132 (7340 : Accept the Project Safe Neighborhoods Grant (All Wards)) Resolution No. ___ APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 18.a Packet Pg. 487 Attachment: Attachment 1 Resolution 2021-132 (7340 : Accept the Project Safe Neighborhoods Grant (All Wards)) Resolution No. ___ CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 18.a Packet Pg. 488 Attachment: Attachment 1 Resolution 2021-132 (7340 : Accept the Project Safe Neighborhoods Grant (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Eric McBride, Interim Chief of Police Subject: Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards) Recommendation Adopt Resolution No. 2021-133 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute an Amendment to the Services Agreement between the City of San Bernardino and Tyler Technologies, Inc., and increase the FY 2020/21 Purchase Order by $125,000. Background On January 24, 2011, the Mayor and City Council adopted Resolution No. 2011 -18, authorizing an Agreement with New World Systems for the purchase of a computer aided dispatch and records management system for the Police Department, attached hereto as Attachment 2. New World Systems has become Tyler Technologies, Inc., (Brazos). In November 2018, the agreement was amended to upgrade the eCad system and add a limited number of Brazos eCitation ticket writing licenses and devices to the police system, attached hereto as Attachment 3. Funds in the amount of $190,000 were already approved and appropriated by City Council during the Fiscal Year 2020/21 Mid-Year Budget Report to ensure money was available for the purchase of the Brazos eCitation software and hardware. Discussion The Brazos eCitation software package is technology that will be utilized by Police Officers in the field to automate the creation, issuance, and capture of data generated from citations. This technology will improve the efficiency of officers in the field by decreasing the amount of time spent on manually filling out citations and ensure that the end wo rk product is legible, professional, and neat in appearance. In addition, the eCitation software and hardware will also allow all data collected from the creation of citations to be automatically uploaded into our Records Management System (LERMS). This will improve record keeping and increase the information available to investigators that will assist with developing suspect information to solve 19 Packet Pg. 489 7342 Page 2 crimes. State Assembly Bill 953, The Racial and Identity Profiling Act (RIPA), was passed and mandates that all law enforcement agencies who detain individuals in the course of their duties report specific information to the California Department of Justice. San Bernardino Police Department will be required to start reporting on January 1, 2022. The eCitation software will have a RIPA application, which will allow officers to easily comply with the state legislature’s reporting mandates associated with the implementation of AB 953. Staff is requesting a contract amendment to purchase 69 Brazos licenses an d associated hardware. The software licenses, printers, and accessories will be purchased under the Tyler Technologies, Inc., agreement; cell phone devices will be purchased separately. The cost of the upgrade/enhancement is $117,862. Staff is requesting approval to increase the Purchase Order not to exceed $125,000 to cover any unforeseen expenses associated with the implementation of the Brazos eCitation software and hardware. 2020-2025 Keu Strategic Targets and Goals Authorization of this agreement aligns with Key Target No. 3: Improved Quality of Life - constantly evaluate public safety service delivery models to enhance the quality of service by improving the efficiency of officers in the field and investigators who utilize collected data to enhance their ability to solve criminal cases. Fiscal Impact The financial impact to the City is $125,000. There is sufficient funding in the FY 2020/21 Adopted Budget. Funds in the amount of $190,000 were appropriated into the budget at the Mid-Year Budget Review for this purchase. FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost COST $ 110,509 $ 14,491 $ 125,000 $ 14,491 GENERAL FUND SHARE $ 110,509 $ 14,491 $ 125,000 $ 14,491 SOURCE OF FUNDS: General Fund Account 001-210- 0062*5167 Budget Adjustment: No and 001-210-0062*5102 For Fiscal Year: 20/21 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-133, authorizing the City Manager to execute an Amendment to the Services Agreement between the City of San Bernardino and Tyler Technologies, Inc., and increase the FY 2020/21 Purchase Order by $125,000. 19 Packet Pg. 490 7342 Page 3 Attachments Attachment 1 Resolution No. 2021-133 Attachment 2 Original Agreement dated January 24, 2011 Attachment 3 Amendment dated November 14, 2018 Attachment 4 Amendment Brazos Upgrade Ward: All Synopsis of Previous Council Actions: October 3, 2018 The Mayor and City Council approved execution of an amendment to upgrade the Police eCad system and add limited Brazos licenses. January 24, 2011 The Mayor and City Council adopted Resolution No. 2011-18 approving an agreement with New World Systems. 19 Packet Pg. 491 RESOLUTION NO. 2021-133 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDEMENT TO THE SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TYLER TECHNOLOGIES, INC., AND INCREASE THE FY 2020-21 PURCHASE ORDER BY $125,000 WHEREAS, the City currently contracts with Tyler Technologies, Inc., for Dispatch and Records Management Systems; and WHEREAS, Tyler Technologies Inc., is the best option vendor for this project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is authorized to execute an amendment to the original January 24, 2011 agreement for Computer Aided Dispatch and Records Management Systems now maintained by Tyler Technologies, Inc., for the addition of an upgraded Brazos eCitation system, attached hereto as Exhibit A. SECTION 3. The Director of Finance is authorized to increase the Purchase Order issued to Tyler Technologies, Inc., for FY 2020/21 by an amount not to exceed $125,000. SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 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 ___ day of __________ 2021. 19.a Packet Pg. 492 Attachment: Attachment 1 - Resolution No. 2021-133 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Resolution No. ___ John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 19.a Packet Pg. 493 Attachment: Attachment 1 - Resolution No. 2021-133 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Resolution No. ___ CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 19.a Packet Pg. 494 Attachment: Attachment 1 - Resolution No. 2021-133 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit A Neu' World ,~'ysteJnsR fbe FIIMe Companr STANDARD SOFTWARE LICENSE SUBSCRIPTION AND SERVICES AGREEMENT January 12,2011 This Standard Software License Subscription and Services Agreement which includes the attached Exhibits ("this Agreement") is between New World Systems@ Corporation ("New World"), a Michigan Corporation and City of San Bernardino, California ("Customer"). This Agreement sets forth the terms and conditions under which New World will furnish the Licensed Products and will provide certain services described herein to Customer. The attached Exhibits include: Exhibit AA1................... AEGIS TOTAL COST SUMMARY AND PAYMENT SCHEDULE Exhibit AA2................... LOGOS TOTAL COST SUMMARY AND PAYMENT SCHEDULE Exhibit AI..................... AEGIS LICENSED STANDARD SOFTWARE AND FEES Exhibit A2 ..................... LOGOS LICENSED STANDARD SOFTWARE AND FEES Exhibit B1...................... AEGIS IMPLEMENTATION AND TRAINING SUPPORT SERVICES Exhibit B2...................... LOGOS IMPLEMENTATION AND TRAINING SUPPORT SERVICES Exhibit C1 ..................... AEGIS STANDARD SOFTWARE MAINTENANCE AGREEMENT Exhibit C2 ..................... LOGOS STANDARD SOFTWARE MAINTENANCE AGREEMENT Exhibit D ....................... NON-DISCLOSURE AND SECURITY AGREEMENT FOR THIRD PARTIES Exhibit E........................ DEMONSTRATION SITE DISCOUNT Exhibit F ........................ LOGOS DATA FILE CONVERSION ASSISTANCE Exhibit G1..................... AEGIS CUSTOMER REQUESTED STANDARD SOFTWARE ENHANCEMENTS / MODIFICATIONS AND / OR CUSTOM SOFTWARE Exhibit G2 ..................... LOGOS CUSTOMER REQUESTED STANDARD SOFTWARE ENHANCEMENTS / MODIFICATIONS AND / OR CUSTOM SOFTWARE Appendix 1.................... AEGIS AGREEMENT AND AUTHORIZATION FOR PROCUREMENT OF THIRD PARTY PRODUCTS AND SERVICES By signing below, each of us agrees to the terms and conditions of this Agreement together with the attached Exhibits. This Agreement contains the complete and exclusive statement of the agreement between us relating to the matters referenced herein and replaces any prior oral or written representations or communications between us. Each individual signing below represents that (s)he has the requisite authority to execute this Agreement on behalf of the organization for which (s)he represents and that all the necessary formalities have been met. If the individual is not so authorized then (s)he assumes personal liability for compliance under this Agreement. ACKNOWLEDGED AND AGREED TO BY: NEW WORLD SYSTEMS@ CORPORATION New World) CITY OF SAN BERNARDINO. CALIFORNIA Customer) By:By: Larry D. Leinweber, President Authorized Signature Title By: Authorized Signature Title Approved as to form: James F. Penman, City Attorney Date:Date: The "Effective Date" of this Agreement is the latter of the two dates in the above signature block. Corporate: 888 West Big Beaver Road. Suite 600' Troy' Michigan 48084-4749. 248-269-1000' www.newworldsystems.com Agreement 011211 Aegis and Logos FINAL.docx 19.b Packet Pg. 495 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) I. DEFINITIONS The following terms as defined below are used throughout this Agreement: I. "Authorized Copies": Except as provided in Section II, subparagraph 1.3, the only authorized copies of the Licensed Software and Licensed Documentation are the copies of each application software package defined in this Paragraph. They are: i) the single copy of the Licensed Software and the related Licensed Documentation delivered by New World under this Agreement; and ii) any additional copies made by Customer as authorized in Section II, subparagraph 1.2. 2. "An Authorized UserIWorkstation ": Subject to the number of users specified in Exhibits AI and A2, any PC workstation that is connected to access the Licensed Software resident on Computer and that may be logged on to access the programs, interfaces, data, or files created and/or maintained by the Licensed Software. 3. "Computer": The MSP and .NET Server(s) to be located at: City of San Bernardino 710 North "D" Street San Bernardino, CA 92401 Customer shall identify in writing the serial number of the Computer within ten (10) days of receipt of the Computer or within ten 10) days of the Effective Date, whichever is later. If the Computer is to be relocated, Customer shall notify New World of the new location in writing prior to the relocation. 4. "Confidential Information": Information disclosed or obtained by one party in connection with, and during the term of, this Agreement and designated as Confidential" by the party claiming confidentiality at the time of disclosure. Confidential Information does not include any information which was previously known to the other party without obligation of confidence or without breach of this Agreement, is publicly disclosed either prior or subsequent to the other party's receipt of such information, or is rightfully received by the other party from a third party without obligation of confidence. 5. "Customer Liaison": A Customer employee assigned to act as liaison between Customer and New World for the duration of this Agreement. Within ten 10) days of the Effective Date, Customer shall notify New World of the name of the Customer Liaison. 6. "Delivery of Licensed Standard Software": Licensed Standard Software will be delivered in a machine readable form to Customer via an agreed upon network connection, or on appropriate media if requested, as soon as the software is available after the Effective Date. 7. "Development Software": Standard application software currently under development by New World which, if applicable, will be completed and delivered to Customer as Licensed Standard Software when available. 8. "Hourly Rate": As described in this Agreement, New World shall provide services to Customer at the rate of$170/hour. The hourly rate is protected for 12 months after the Effective Date, at which time the hourly rate shall be the then-current New World hourly rate. 9. "Installation of Licensed Standard Software": Installation of the Licensed Standard Software shall be deemed to occur, for all billings or other events described herein, upon the earlier of: a) the transfer or loading of the Licensed Standard Software onto a Customer server or computer, or b) thirty (30) days after delivery of the Licensed Standard Software. 10. "Licensed Custom Software": Any software (programs or portions of programs) developed by New World specifically for Customer's own use. II. "Licensed Documentation ": New World User Manuals which includes the current specifications for the Licensed Standard Software and other written instructions relating to the Licensed Software (such as Product Bulletins, installation instructions, and training materials). 12. "Licensed Products": The Licensed Software, the related Licensed Documentation, and the Authorized Copies of the foregoing. 13. "Licensed Software": The Licensed Standard Software, Development Software, Upgrades, and Licensed Custom Software provided under this Agreement. 14. "Licensed Standard Software": The current version of New World standard and development application software package(s) (in machine readable code) listed in Exhibits AI and A2. 15. "SSMA ": The New World Standard Software Maintenance Agreement as set forth in Exhibits C I and C2. 16. "Subscription Period": The period of time between the Effective Date and the expiration date of Customer's subscription as described in Exhibits AAI and AA2. 17. "Travel Expenses": All actual and reasonable travel expenses incurred by New World for trips relating to this project, including airfare, rental car, lodging, mileage, and daily per diem expenses. 18. "Travel Time": Actual New World employee travel time billed at the Hourly Rate up to, but not exceeding, four (4) hours per each trip relating to this project. 19. "Upgrades": Any enhanced and/or improved versions of the Licensed Standard Software provided as Licensed Standard Software under Exhibits CI and C2 of this Agreement and released after the execution of this Agreement. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 2 of 42 City of San Bernardino, CA 19.b Packet Pg. 496 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) II. GENERAL TERMS AND CONDITIONS 1. 0 SINGLE USE LICENSE 1.1 New World grants Customer a nontransferable, nonexclusive, and non-assignable license to use the Licensed Software during the Subscription Period on the Computer and only for its internal processing needs. During the Subscription Period, Customer shall have the right and license to use, enhance, or modify the Licensed Software only for Customer's own use and only on the Computer and only on an authorized workstation. New World will deliver to Customer one copy of each application of the Licensed Software (in machine readable form compatible with the specified operating environment) and one copy of the related Licensed Documentation. 1.2 In order to assist Customer in the event of an emergency, Customer is permitted to make up to two 2) back-up copies on magnetic media of each application of the Licensed Software and one back-up copy of the related Licensed Documentation. These Authorized Copies may be stored as defined above so long as they are kept in a location secure from unauthorized use. Customer or anyone obtaining access through Customer shall not copy, distribute, disseminate, or otherwise disclose to any third party the Licensed Products or copies thereof in whole or in part, in any form or media. This restriction on making and distributing the Licensed Products or copies of any Licensed Product, includes without limitation, copies of the following: i) Program libraries, either source or object code; ii) Operating control language; iii) Test data, sample files, or file layouts; iv) Program listings; and v) Licensed Documentation. 1.3 Upon written request by Customer, and with written permIssIon by New World, additional Authorized Copies may be made for Customer's internal use only. 2.0 OWNERSHIP 2.1 The Licensed Products and all copyright, trade secrets and other proprietary rights, title and interest therein, remain the sole property of New World or its licensors, and Customer shall obtain no right, title or interest in the Licensed Products by virtue of this Agreement other than the nonexclusive, nontransferable, non-assignable license to use the Licensed Products during the Subscription Period as restricted herein. 2.2 The license to use any Licensed Custom Software provided under this Agreement, if any, is included in this license. New World shall have the right to use any data processing ideas, techniques, concepts, and/or know-how acquired by it in the performance of services under this Agreement including the development of Licensed Custom Software for the advancement of its own technical expertise and the performance of other Software License and Service Agreements or any other applicable agreements. New World shall have, without restriction, the right to use all programs, procedures, information, and techniques that are publicly available, obtained or obtainable from third parties and/or developed independently by New World without specific reference to Customer's organization. 3.0 CORRECTION AND SOFTWARE MAINTENANCE ON STANDARD SOFTWARE 3.1 New World provides software correction service and maintenance for the Licensed Standard Software during the term of Customer's SSMA. See Exhibits C1 and C2 for a description of the SSMA start date and term, the services available and the applicable fees and procedures. 4. 0 WARRANTIES 4.1 New World warrants, for Customer's benefit only, that during the Subscription Period, the Licensed Standard Software will perform as specified in its user manuals based on the then-current release of the Licensed Standard Software. 4.2 New World warrants, for Customer's benefit only, that during the Subscription Period, it possesses the necessary intellectual rights to license to Customer the Licensed Standard Software provided hereunder. The foregoing warranties do not apply if the Licensed Product(s) have been modified by any party other than New World. New World does not warrant that the features or functions of the Licensed Software will meet CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 3 of 42 City of San Bernardino, CA 19.b Packet Pg. 497 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Customer's requirements or in any combination or use Customer selects. EXCEPT AS SPECIFICALLY PROVIDED IN TillS PARAGRAPH 4.0, AND ITS SUBSECTIONS, NEW WORLD EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE LICENSED PRODUCTS, INCLUDING BUT NOT LIMITED TO, THE LICENSED PRODUCTS' CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. 5.0 INSTALLATION AND TRAINING SUPPORT SERVICES 5.1 As provided for in Exhibits BI or B2 and concurrent with timely payments, New World shall make available to Customer qualified representative(s) who will provide installation and training support services for each application of the Licensed Software delivered. See Exhibits B I and B2 for a description of the services provided and the applicable fees and procedures. 6.0 CUSTOMER LIAISON AND CUSTOMER RESPONSIBILITIES The successful implementation of the Licensed Products into Customer's environment requires Customer's commitment to and cooperation in the implementation process. Accordingly, Customer hereby agrees to the following: 6.1 Customer understands that the Licensed Software is designed to run in a specified operating environment which includes hardware, software and related equipment not provided by New World. Customer is responsible for assuring that the appropriate hardware equipment, related components and all cabling are installed timely and are suitable for the successful installation of the Licensed Software. 6.2 Customer agrees to provide the management interface and support necessary to successfully complete the implementation of the Licensed Software. This support includes upper level management priority setting and timely involvement during and after a change in Customer's organization, Customer's operations and/or after changes in Customer's internal policies or procedures which directly affect the software implementation. 6.3 Customer shall assign an upper level employee to serve as the Customer Liaison for the duration of the Licensed Software implementation. If Customer must replace the Customer Liaison for reasons beyond its control, Customer will assign a new Customer Liaison as soon as reasonably possible. New World is not responsible for any delay caused directly or indirectly by the reassignment of the Customer Liaison. In addition to other duties and responsibilities, the Customer Liaison shall: i) provide timely answers to New World's requests for information; ii) coordinate a mutually agreeable implementation and training schedule; iii) have authority to sign for and obligate Customer to any matters relating to service requests, design documents, performance test documents and/or delivery and service dates; iv) in situations where Customer participation is required, provide timely input for systems definition, detail design, and use of the software system. 6.4 Customer is responsible for creating and maintaining its master files, tables and the like which includes accurate data entry, accurate file editing and overall file control to assure successful systems performance. 6.5 Customer shall provide qualified personnel with sufficient backup to be trained to use the Licensed Software and to interpret the output. Applying the output information in Customer's environment is Customer's sole responsibility. 7.0 BILLING AND ADDITIONAL AUTHORIZED WORKSTATION CHARGES 7.1 The attached Exhibits set forth the manner in which fees and payments shall be allocated and made under this Agreement. To the extent Customer imposes additional requirements on New World for services other than those expressly provided in this Agreement, New World retains the right to make additional price adjustments and/or any other adjustments that may be necessitated. Before performing these additional services, New World will notifY Customer that the services are subject to additional charge( s ). 7.2 If Customer wishes to add additional authorized workstations or Licensed Standard Software, Customer agrees to pay the additional License fees at the then current software prices in effect. No cancellation of Exhibits A I or A2 software modules and related fees will be allowed during the service period. SSMA fees shall be increased according to the additional Licensed Standard Software fees on the next annual billing date after the additional workstations and/or Licensed Standard software is CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 4 of 42 City of San Bernardino, CA 19.b Packet Pg. 498 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) added, or as specified in the future contract. With said payments, the license provided in Section II, Paragraph 1.0 permits Customer's use of the Licensed Software for the specified workstations. 7.3 Customer shall notify New World if additional authorized workstations need to be added to access the Licensed Software and will pay the additional authorized workstation fees promptly when invoiced. 7.4 Any taxes or fees imposed from the course of this Agreement are the responsibility of the Customer and Customer agrees to remit when imposed. If an exemption is claimed by the Customer, an exemption certificate must be submitted to New World. 8.0 NON-RECRUITMENT OF PERSONNEL 8.1 During, and for a period of twenty-four (24) months after the expiration of, the Standard Software Maintenance Agreement and/or any renewal maintenance agreement, each party agrees not to solicit or hire current or former employees of the other without the other's prior written consent. 9.0 CONFIDENTIAL INFORMATION / NON-DISCLOSURE A GREEMENT 9.1 Subject to the requirements of the Freedom of Information Act (FOIA) and/or other comparable applicable state law, each party shall hold all Confidential Information in trust and confidence for the party claiming confidentiality and not use such Confidential Information absent express written consent by the party claiming confidentiality. The other party agrees not to disclose any such Confidential Information, by publication or otherwise, to any other person or organization. Customer agrees to timely notify New World of any request( s) made for disclosure of confidential information. 9.2 Customer hereby acknowledges and agrees that all Licensed Products are Confidential Information and proprietary to New World. In addition to the other restrictions set forth elsewhere in this Agreement or otherwise agreed to in writing, Customer agrees to implement all reasonable measures to safeguard New World's proprietary rights in the Licensed Products, including without limitation the following measures: i) Customer shall only permit access to the Licensed Products to those employees who require access and only to the extent necessary to perform Customer's internal processing needs. ii) With respect to agents or third parties, Customer shall permit access to the Licensed Products only after New World has received, approved and returned a fully executed Non- Disclosure Agreement to Customer (see Exhibit D). New World reserves the right to reasonably refuse access to a third party after it has evaluated the request. Customer agrees to provide information reasonably requested by New World to assist New World in evaluating Customer's request to permit third party access to the Licensed Products. In addition to any other remedies, New World may recover from Customer all damages and legal fees incurred in the enforcement of this provision on third party access; iii) Customer shall cooperate with New World in the enforcement of the conditions set forth in the attached Non-Disclosure Agreement or any other reasonable restrictions New World may specify in writing in order to permit access; iv) Customer shall not permit removal of copyright or confidentiality labels or notifications from its proprietary materials; and v) Customer shall not attempt to disassemble, decompile or reverse engineer the Licensed Software. 9.3 Customer agrees that in addition to any other remedies that may be available at law, equity or otherwise, New World shall be entitled to seek and obtain a temporary restraining order, injunctiverelief, or other equitable relief against the continuance of a breach or threatened breach of this paragraph 9.0 on Confidentiality and Non-Disclosure without the requirement of posting a bond or proof of injury as a condition for the relief sought. 10.0 LIMITATION OF LIABILITY AND RECOVERABLE DAMAGES New World's entire liability and Customer's exclusive remedies are set forth below: 10.1 For any claim relating to the non-conformance or imperfection of any licensed software providedunderthisAgreement, New World will correct the defect so that it conforms to the warranties set forth in Section II, subparagraph 4.1; or if after repeated attempts to correct the non-conformity, New World is unable to correct the non-conformity, then Customer may recover its actual damages subject to the limits set forth in subparagraph 10.2 below. For any other claim arising under or in connection CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 5 of 42 City of San Bernardino, CA 19.b Packet Pg. 499 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) with this Agreement, Customer may recover its actual damages subject to the limits set forth in subparagraph 10.2 below. 10.2 New World's total liability to Customer for all claims relating to the Licensed Products and this Agreement, including any action based upon contract, tort, strict liability, or other legal theory, shall be limited to Customer's actual damages and in no event shall New World's liability exceed the total annual subscription fees paid to New World for the Subscription Period. 10.3 New World shall not be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages, including loss of profits or costs of cover, arising from or related to a breach of this Agreement or any order or the operation or use of the Licensed Products including such damages, without limitation, as damages arising from loss of data or programming, loss of revenue or profits, failure to realize savings or other benefits, damage to equipment, and claims against Customer by any third person, even if New World has been advised of the possibility of such damages. New World's liability for any form of action shall only apply after any and all appropriate insurance coverage has been exhausted. 10.4 If it is determined that a limitation of liability or a remedy contained herein fails of its essential purpose, then the parties agree that the exclusion of incidental, consequential, special, indirect, punitive, and/or exemplary damages is still effective. 11.0 INTEGRATION WITH Us. COPYRIGHT ACT I 1. I In addition to all other provisions provided under this Agreement, Customer agrees to be bound by and to comply with any and all provisions of the U.S. Copyright Act (The Copyright Act of 1976, Us.e. Sections 101-810 (1976) as amended). If a provision of the U.S. Copyright Act and this Agreement conflict, the more restrictive of the two applies. If it cannot be determined which is the more restrictive, then the provision within this Agreement shall apply. 12.0 INDEPENDENT CONTRACTOR 12.1 New World is an independent contractor. The personnel of one party shall not in any way be considered agents or employees of the other. To the extent provided for by law, each party shall be responsible for the acts of its own employees. 12.2 Each party shall be responsible for Workers' Compensation coverage for its own personnel. 12.3 New World shall perform work tasks provided by this Agreement, but for all intents and purposes New World shall be an independent contractor and not an agent or employee of the Customer. New World shall secure, at its expense, and be responsible for any and all payment ofIncome Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for New World and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 13.0 INSURANCE REQUIREMENTS New World shall not commence work under this Agreement until it has obtained the insurance required under this paragraph. 13. I Workers' Compensation Insurance: New World shall procure and maintain during the term of this Agreement, Workers' Compensation Insurance for all of its employees who engage in the work to be performed. 13.2 Liability and Property Insurance - Comprehensive Form: New World shall procure and maintain during the term of this Agreement, Liability and Property Damage Insurance in an amount not less than $1,000,000 on account for each accident; and in an amount not less than $1,000,000 for each accident for damage to property. 13.3 Automobile Liability Insurance: New World shall procure and maintain during the term of this Agreement, Hired and Non-Ownership Motor Vehicle Bodily Injury and Property Damage Insurance in an amount not less than $1,000,000 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in an amount not less than $1,000,000 for each accident; and in an amount not less than $1,000,000 on account for each accident for damage to property, provided however that the combined single limit for all automotive related claims shall not exceed $1,000,000. 13.4 Customer, its officers, agents and employees shall be named as additional insured parties on all insurance policies required to be purchased by New World. 13.5 Certificates of insurance for all policies required hereunder shall require the insurer to give Customer at least thirty (30) days written notice of any change in or termination of coverage. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 6 of 42 City of San Bernardino, CA 19.b Packet Pg. 500 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 14.0 DISPUTE RESOLUTION PROCEDURE 14.1 Except as provided in Section 15.2 of these Terms and Conditions (Customer failure to make prompt payment), any dispute or controversy arising out of or relating to this Agreement, or breach thereof, shall be settled by the following procedure. Levell: Before entering into Level 2 or Level 3 of this Dispute Resolution Procedure (DRP), New World and Customer shall enter into a series of management meetings for the purpose of resolving the dispute or controversy through normal business management practices. The series of meetings, consisting of not less than three face-to-face meetings, must be held between upper-level managers of both Customer and New World. Both parties agree to put forth their best efforts in these meetings. The first meeting shall be held at Customer's offices and subsequent meetings will alternate between New World and Customer's offices. The Levell period shall begin when one party gives notice to the other by certified mail that it is entering into this Level 1 procedure to resolve the dispute. Level 2: Only after the parties have completed Level 1 of the DRP without resolving the dispute or controversy and before entering into Level 3 of the DRP, Customer and New World shall enter into a mediation process. Each party shall bear its own costs in preparing for and conducting mediation, except that the joint costs, if any, of the actual mediation proceeding shall be shared equally by the parties. The mediation process is defined as follows: The parties shall select a mutually agreeable mediator to aid the parties in resolving the dispute or controversy. The mediator shall not be an employee or former employee of either party. The mediation shall be held at a location chosen by New World, but within seventy-five (75) miles of Customer's location. Level 3: Only after the completion of both Levels 1 and 2 above without a satisfactory resolution of the dispute or controversy, either party may bring suit in the United States District Court for the Central District of California, Eastern Division, so long as subject matter jurisdiction is met. In the event subject matter jurisdiction is not met, either party may bring suit in the California Superior Court for San Bernardino, CA. Each party shall bear the cost of their own legal expenses if Level 3 is used. 15.0 TERMINATION 15.1 Bv Customer: Customer may at its option terminate this Agreement on an anniversary date as follows: i) Customer shall provide written notice to New World at least one hundred eighty (180) days prior to the next anniversary date; ii) Upon providing notice under this Section, Customer shall remit a termination fee to New World, which Customer agrees is reasonable and in proportion to the damage suffered to New World as a result of Customer's termination of this Agreement prior to the end of the Subscription Period. Based on the date in the notice, the Termination Fee will be based on the number of months since the Effective Date as follows: Termination Notice Month Since Effective Date Customer's Termination Fee First 60 months 2,000,000 1,700,000 1,500,000 1,300,000 1,000,000 600,000 Months 61 - 72 Months 73 - 84 Months 85 - 96 Months 97 - 108 Months 109 - 120 CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 7 of 42 City of San Bernardino, CA 19.b Packet Pg. 501 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) iii) So long as Customer satisfies the requirements of this section, including payment of the Termination Fee, the Agreement shall terminate upon the next anniversary date after the required notice. 15.2 Bv New World: If Customer fails to make prompt payments to New World when invoiced, then New World may at its option terminate this Agreement with written notice as follows: i) The termination notice shall specify the payments past due; ii) Customer shall have thirty (30) days from receipt of said notice to make payment in full for all outstanding invoiced payments due: iii) If Customer fails to remit payment in full within thirty (30) days from written notice, then New World may declare Customer in default and assess a termination fee based on the schedule in 15.1 above. The date on the subscription invoice shall be used as the termination notice date to use in finding the month when termination occurred; iv) Customer agrees that said termination fee is reasonable and in proportion to the damage suffered to New World as a result of Customer's failure to pay the past due amounts; v) Notwithstanding any other provision in this Agreement any collection process relating to the termination fee shall be governed by the laws of the State of Michigan and venued in the courts of Oakland County, Michigan. 15.3 Bv Exviration of Subscrivtion Period: Unless extended by mutual agreement of the parties, this Agreement shall terminate upon the end of the Subscription Period. 15.4 Upon termination under this Paragraph 15, Customer shall return to New World all Licensed Products, including any copies provided to or created by Customer under this Agreement. 15.5 Nothing in this paragraph on termination is intended to infer that either party has or does not have a claim for damages. 15.6 The Terms and Conditions relating to ownership, warranties, non-recruitment of personnel, confidentiality and non-disclosure, limitation of liability and recoverable damages, Copyright Act, dispute resolution and the General provisions (18.0), survive termination. 16.0 PATENT AND TRADEMARK INDEMNIFICATION New World agrees to indemnify and save the Customer harmless from and against any and all judgments, suits, costs, and expenses subject to the limits set forth in this Agreement resulting from any alleged infringement of any patent or copyright arising from the licensing ofthe Licensed Standard Software pursuant to this Agreement, provided that Customer has notified New World in writing of such allegation within thirty (30) days of the date upon which the Customer first receives notice thereof. New World's obligation to indemnify and save Customer harmless under this paragraph is void if the claim of infringement arises out of or in connection with any modification made to the Licensed Standard Software or any use of the Licensed Standard Software not specifically authorized in writing by New World. 17. 0 NOTICES 17.1 Notices to Customer shall be deemed effective when sent by Registered or Certified U.S. Mail to the following business address of the Customer: San Bernardino Police Department 710 North "D" Street, B B1dg PSG San Bernardino, CA 92401 Attention: Michael Eckley, Public Safety IT Manager Telephone: (909) 384-5742 17.2 Notices to New World shall be deemed effective when sent by Registered or Certified U.S. Mail to the following address (or to any other address so specified by New World): New World Systems Corporation 888 West Big Beaver, Suite 600 Troy, Michigan 48084 Attention: President 18.0 GENERAL CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 8 of 42 City of San Bernardino, CA 19.b Packet Pg. 502 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 18.1 This Agreement is the entire agreement between the parties superseding all other communications, written or oral, between the parties relating to the subject matter of this Agreement. This Agreement may be amended or modified only in writing signed by both parties. 18.2 This Agreement is governed by the laws of the State of California and it shall be binding on the successors and assigns of the parties. 18.3 Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision or any other provision of this Agreement. 18.4 The paragraph headings which appear herein are included solely for convenience and shall not be used in the interpretation of this Agreement. Any provision of this Agreement determined to be invalid or otherwise unenforceable shall not affect the other provisions, which other provisions remain in full force and effect. 18.5 This Agreement is entered into solely for the benefit of New World and Customer. No third party shall have the right to make any claim or assert any right under it, and no third party shall be deemed a beneficiary of this Agreement. 18.6 Notwithstanding anything contained herein to the contrary, these terms and conditions may be extended to other public entities for purchase of the license and/or services described under this Agreement. To the extent they are required, the parties shall execute any requisite cooperative agreements authorizing such extension of terms and conditions. If this is done, Customer assumes no authority, liability, or obligation on behalf of any other public entity that may use this Agreement for any such purchase. 18.7 Other integrated licensed software and services from New World may be purchased by Customer under the terms and conditions of this Agreement. 18.8 In the performance of this Agreement and in the hiring and recruitment of employees, New World shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 18.9 New World warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications and approval of whatever nature that are legally required of New World to practice its business or profession. 18.10 New World shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of New World's interest in this Agreement without Customer's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void. Regardless of Customer's consent, no subletting or assignment shall release New World of New World's obligation to perform all other obligations to be performed by New World hereunder for the term of this Agreement. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 9 of 42 City of San Bernardino, CA 19.b Packet Pg. 503 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) PUBLIC SAFETY PRODUCTS AND SERVICES EXHIBIT AAl AEGIS TOTAL COST SUMMARY AND PAYMENT SCHEDULE I. PAYMENTS FOR LICENSED STANDARD SOFTWARE SUBSCRIPTION, IMPLEMENTATION SERVICES, THIRD PARTY PRODUCTS AND STANDARD SOFTWARE MAINTENANCE SERVICES DESCRIPTION OF COST COST A. ANNUAL SUBSCRIPTION PAYMENTS 1. Year 1 Subscription Payment (Fiscal Year 2010-11) Invoiced on Effective Date 2. Year 2 Subscription Payment Invoiced on July 1, 2011 3. Year 3 Subscription Payment Invoiced on July 1,2012 4. Year 4 Subscription Payment Invoiced on July 1,2013 5. Year 5 Subscription Payment Invoiced on July 1,2014 6. Year 6 Subscription Payment Invoiced on July 1,2015 7. Year 7 Subscription Payment Invoiced on July 1,2016 8. Year 8 Subscription Payment Invoiced on July 1, 2017 9. Year 9 Subscription Payment Invoiced on July 1, 2018 10. Year 10 Subscription Payment Invoiced on July 1, 2019 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 TOTAL SUBSCRIPTION PAYMENTS:4.000.000 PRICING IS VALID THROUGH JANUARY 31, 2011. ALL PAYMENTS ARE DUE WITHIN FORTY -FIVE ( 45) DAYS FROM RECEIPT OF INVOICE. Billings are applied ratably to each deliverable included under the total one-time cost. If any deliverable is subject to sales tax, the tax will be calculated and added as applicable to each billing. Travel costs are not included and are billed weekly as Travel Expenses occur. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 10 of 42 City of San Bernardino, CA 19.b Packet Pg. 504 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) PUBLIC ADMINISTRATION PRODUCTS AND SERVICES EXHIBIT AA2 LOGOS TOTAL COST SUMMARY AND PAYMENT SCHEDULE I. PAYMENTS FOR LICENSED STANDARD SOFTWARE SUBSCRIPTION, IMPLEMENTATION SERVICES, THIRD PARTY PRODUCTS AND STANDARD SOFTWARE MAINTENANCE SERVICES DESCRIPTION OF COST COST A. ANNUAL SUBSCRIPTION PAYMENTS 1. Subscription Payment (Fiscal Year 2010-11) Services as described in Exhibit G-2 245,000 169.340 Year 1 Total Payment Invoiced on Effective Date 2. Year 2 Subscription Payment Invoiced on July 1, 2011 3. Year 3 Subscription Payment Invoiced on July 1,2012 4. Year 4 Subscription Payment Invoiced on July 1,2013 5. Year 5 Subscription Payment Invoiced on July 1,2014 6. Year 6 Subscription Payment Invoiced on July 1, 2015 7. Year 7 Subscription Payment Invoiced on July 1,2016 8. Year 8 Subscription Payment Invoiced on July 1, 2017 9. Year 9 Subscription Payment Invoiced on July 1,2018 10. Year 10 Subscription Payment Invoiced on July 1,2019 414,340 245,000 245,000 245,000 245,000 245,000 245,000 245,000 245,000 245,000 TOTAL SUBSCRIPTION PAYMENTS:2.619.340 PRICING IS VALID THROUGH JANUARY 31, 2011. ALL PAYMENTS ARE DUE WITHIN FORTY-FIVE (45) DAYS FROM RECEIPT OF INVOICE. Billings are applied ratably to each deliverable included under the total one-time cost. If any deliverable is subject to sales tax, the tax will be calculated and added as applicable to each billing. Travel costs are not included and are billed weekly as Travel Expenses occur. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 11 of 42 City of San Bernardino, CA 19.b Packet Pg. 505 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) EXHIBIT Al AEGIS LICENSED STANDARD SOFTWARE UNDER IO-YEAR SUBSCRIPTION 1. License Fee for Licensed Standard Software And Documentation Selected Bv Customer: Application Packagel,2,3,4 CAD 1. Aegis/MSP Combined LE/Fire/EMS CAD Call Entry Call Control Panel Unit Recommendations Unit Status and Control Panel Call Stacking CAD Messaging Call Scheduling Dispatch Questionnaire GIS/Geo-FiIe Verification Hazard and Location Alerts Hydrant Inventory Access to Aegis/MSP LE Records Access to Aegis/MSP Fire Records Note Pads Rip-N-Run Remote Printing Run Cards Tone Alerts 2. Additional Aegis/MSP Software for Computer Aided Dispatch 5 CAD Mapping CAD A VL Data Analysis/Crime Management/Management Reporting Service Vehicle Rotation (Wrecker, Ambulance) 3. Aegis/MSP Third Party CAD Interface Software 5 CAD Pager Interface E-91 1 Interface 6 On-Line CAD Interface to State/NCIC7 Pre-Arrival Questionnaire Interface (I questionnaire(s) - EMD) supports available release) CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 12 of 42 City of San Bernardino, CA 19.b Packet Pg. 506 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit At /AEGIS LICENSED STANDARD SOFTWARE UNDER to-YEAR SUBSCRIPTION LAW ENFORCEMENT RECORDS 4. Aegis/MSP Single Jurisdiction Base Law Enforcement Records Accidents Arrest Business Registry Case Processing Computer Aided Investigations Federal Reports (UCR/IBR) GIS/Geo-File Verification Impounded Vehicles Incident Tracking Jacket Processing PersonnellEducation Property Traffic Tickets and Citations Wants and Warrants 5. Aegis/MSP Federal and State Compliance Reporting for LE Records Federal UCR/IBR8 State Accidents9 6. Additional Aegis/MSP Software for Law Enforcement Records Alarm Tracking and Billing Case Management Data Analysis/Crime MappinglManagement Reporting Field Investigations Narcotics Management Property Room Bar Coding5 7. Aegis/MSP Third Party LE Records Interface Software 5 Ticket Writer Interface Aegis/MSP State/NCIC Interface7 Includes 12 - 15 screens On-Line Modules - Includes 4 state inquiry screens7 On-Line Global Subjects Interface to State/NCIC 8. Aegis/MSP Imaging Software Public Safety Lineups/Mug Shots 10 Digital ImaginglElectronic Signature Capture CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 13 of 42 City of San Bernardino, CA 19.b Packet Pg. 507 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit AI/AEGIS LICENSED STANDARD SOFTWARE UNDER 10-YEAR SUBSCRIPTION FIRE RECORDS 9. Aegis/MSP Fire Records Software Base Package Activity Reporting and Scheduling Investigations Business Registry Hazardous Materials GIS/Geo-File Verification Hydrant Inventory and Inspections Incident Tracking Inspection Tracking PersonnellEducation Pre-plans Station Activity Log BLS/ ALS 10. Federal Compliance Reporting for Fire Records NFIRS 5.0 Electronic Reporting CORRECTIONS 11. Aegis/MSP Corrections Management Software Base Package Aegis/MSP LE Records Interface Bookings Incident Tracking Inmate Property Tracking Inmate Classification Inmate Housing Mass Move Inmate Scheduling and Tracking Inmate Contacts (visitor, mail, phone, emergency) Inmate Programs (courses) Inmate Activity Log Trustee Case Management Corrections Officer Log Finance Management (inmate, facility) Jacket Processing Business Registry PersonnellEducation GIS/Geo-File Verification 12. Aegis/MSP State Compliance Reporting for Corrections State Corrections Reporting Includes up to 4 reports CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 14 of 42 City of San Bernardino, CA 19.b Packet Pg. 508 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit AI/AEGIS LICENSED STANDARD SOFTWARE UNDER 10-YEAR SUBSCRIPTION 13. Additional Aegis/MSP Software for Corrections Management Inmate Movement Tracking Bar Coding Property Room Bar Coding 14. Aegis/MSP Third Party Corrections Interface Software 5 Livescan Interface VINE Interface MOBILE SOFTWARE MOBILE SOFTWARE ON THE RS/6000 MESSAGE SWITCH SERVER 11 15. Base Message Switch to State/NCIC (151-200 units) Base Message Switch for MDT/MCT State/NCIC Interface 16. Additional Aegis@ Software for RS/6000 Message Switch New World CAD Interface for Aegis MSP (151-200 units) Mobile Upload Software (151-200 units) A VL Interface (151-200 units) J 2 MOBILE SOFTWARE ON THE MSP Server 17. Aegis@ Mobile Integration Software MDT/MCT Base CAD/RMS Interface (151-200 units) A VL CAD Interface (151-200 units) 12 MOBILE MANAGEMENT SERVER 18. Aegis/MSP Mobile Management Server Software (151-200 units) Base CAD/NCIC/Messaging Field Reporting Field Reporting Data Merge CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 15 of 42 City of San Bernardino, CA 19.b Packet Pg. 509 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit AI/AEGIS LICENSED STANDARD SOFTWARE UNDER 10-YEAR SUBSCRIPTION CLIENT SOFTWARE 19. Aegis@ Law Enforcement Mobile Unit Software (156 Units) Mobile Messal!inl! LE StatelNCIC via Switch 7 LE CAD via Switch Mugshot Image Download State Photo Download In-Car Mapping In-Car Routing New World A VL Field-Based ReDortinl! (156 Units) LE Field Reporting (Federal Standards) The following 4 New World Reports are included: Incident (1 form) Case (1 form) Arrest (1 form) Supplement (1 form) LE Field Reporting Compliance LE Accident Field Reporting The following New World Report is included: Accident (1 form) LE Accident Field Reporting Compliance Mobile Upload ofField Reports 20. In-Station -Based ReDortinl! (20 Units) LE Field Reporting (Federal Standards) The following 4 New World Reports are included: Incident (1 form) Case (1 form) Arrest (1 form) Supplement (1 form) LE Field Reporting Compliance LE Accident Field Reporting The following New World Report is included: Accident (1 form) CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 16 of 42 City of San Bernardino, CA 19.b Packet Pg. 510 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit At /AEGIS LICENSED STANDARD SOFTWARE UNDER to-YEAR SUBSCRIPTION LE Accident Field Reporting Compliance Mobile Upload ofField Reports 21. Aegis@ Fire Mobile Unit Software (35 Units) Fire CAD via Switch New World A VL EMS Field Reporting (National Standards) (1 unit) Includes NEMSIS Incident (1 form) 22. Workstation License (Included) Note: Other than for Mobile Software, a Workstation License for up to 400 users is included for the Exhibit A 1 Licensed Standard Software. The Workstation License includes the following agencies as authorized users: San Bernardino Police Department, CA San Bernardino Fire Department, CA CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 17 of 42 City of San Bernardino, CA 19.b Packet Pg. 511 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit AI/AEGIS LICENSED STANDARD SOFTWARE UNDER IO-YEAR SUBSCRIPTION ENDNOTES Personal Computers must meet the minimum hardware requirements for New World Systems' MSP product. Microsoft Windows XP or later is requiredfor all client machines. Windows 2003/2008Server and SQL Server 2005/2008 are requiredfor the Application and Database Server(s). New World Systems' MSP product requires Microsoft Windows 2003/2008 Server and SQL Server 2005/2008 including required Client Access Licenses (CALs) for applicable Microsoft products. Servers must meet minimum hardware requirements provided by New World Systems. New World Systems' MSP product requires Microsoft Excel or Windows Search 4.0 for document searching functionality; Microsoft Word is required on the application server for report formatting. New World recommends a 100/1000MB (GB) Ethernet networkfor the local area network. Wide area network requirements vary based on system configuration, New World will provide further consultationfor this environment. Does not include any required 3rd party hardware or software unless specified in Appendix 1 of this Agreement. Customer is responsible for any 3rd party support. Requires Lantronix VSC 1100 included in Section B of this proposal. Customer is responsible for obtaining the necessary State approval and any non-New World hardware and software. Federal VCR/IBR includes edits, reports and electronic submission.8 State Accidents includes logic, reports and electronic submission. 10 Camera must meet product specifications and be procured through New World. 13 Currently supporting Motorola, Data Radio (DMP & IP), CDPD, EDACS, CDMA, GPRS, 802.11 and Electrocom Mobile Communication solutions only. Requires 3rd party GPS hardware. Prices assume that all software is licensed. Any taxes or fees imposed are the responsibility of the purchaser and will be remitted when imposed. II 12 14 CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 18 of 42 City of San Bernardino, CA 19.b Packet Pg. 512 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) EXHIBIT A2 LOGOS LICENSED STANDARD SOFTWARE UNDER to-YEAR SUBSCRIPTION 1. License Fee for Licensed Standard Software And Documentation Selected Bv Customer: Application Package1,2,3 Cost FINANCIAL MANAGEMENT 1. Logos.NET Financial Management Base Suite General Ledger Budget Management Annual Budget Preparation Accounts Payable Revenue/Cash Receipting 2. Expanded Revenue Collections 3rd Party Receivables Interface (Batch) 3. Logos.NET Additional Financial Management Software Asset Management Grant Management Project Accounting Misc. Billing & Receivables Government (GASB) Reporting Bank Reconciliation 4. Logos.NET Procurement Management Suite Purchasing Base Requisition Processing Bid & Quote Management Contract Accounting Inventory Management PAYROLL & HUMAN RESOURCES SUITE 5. Logos.NET Human Resources Management Base Suite Payroll Processing Personnel Management Position Control CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 19 of 42 City of San Bernardino, CA 19.b Packet Pg. 513 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit A2 / LOGOS LICENSED STANDARD SOFTWARE UNDER 10- YEAR SUBSCRIPTION 6. Logos.NET Human Resources Employee Event Tracking Personnel Action Processing 7. Logos.NET Benefits Management Benefits Administration COBRA Billing Administration Workers Compensation Administration Employee Retirement Tracking 8. Logos.NET Additional Payroll & HR Modules Applicant Tracking Position Budgeting Time & Attendance Interface4 Benefit Tracking (Non-Employee) COMMUNITY DEVELOPMENT SUITE 9. Logos.NET Community Development Software Business Licensing Parcel Management Permits Municipal Inspections Project Planning Code Enforcement Requests for Services Tracking 10. Logos.NET Additional Community Development Modules GIS Integration 5 Community Development Business Licensing (4 screens) Parcel Management (7 screens) Permits (2 screens) Municipal Inspections (4 screens) Code Enforcement (3 screens) Requests for Services Tracking (J screen) CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 20 of 42 City of San Bernardino, CA 19.b Packet Pg. 514 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit A2 / LOGOS LICENSED STANDARD SOFTWARE UNDER 10-YEAR SUBSCRIPTION eSUITE 11. eSuite Base Software 12. eFinance eSupplier eBid eMiscellaneous Billing ePayments 13. eHR eEmployee eTimesheets eBenefits Administration eRecruit 14. eCommunity ePermits eLicense eRequest BUSINESS ANAL YTICS 15. Finance Analytics Includes 10+ users 16. Dashboards for Financial Management 17. Human Resource/Payroll Analytics Includes 10+ users 18. Dashboards for Human Resources 19. Community Development Analytics Includes 10+ users 20. Dashboards for Community Development AUTHORIZED USERS 21. Site License for up to 800 Authorized Users 6 Note: A Site License is included for this solution. This Site License entitles the City of San Bernardino, CA, to 800 authorized users for the Standard Software licensed in Exhibit A2, to be divided up between applications. The Site License is available to only the affiliated Public Administration agencies within the City of San Bernardino, California. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 21 of 42 City of San Bernardino, CA 19.b Packet Pg. 515 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit A2 / LOGOS LICENSED STANDARD SOFTWARE UNDER 10- YEAR SUBSCRIPTION ENDNOTES Personal Computers must meet the minimum hardware requirementsfor New World Systems' Logos. NET product. Microsoft Windows XP or greater with IE 7. 0 or greater is the required operating systems for all client machines. Windows 2008 Server is requiredfor the Application Server(s), Web Server(s) and Database Server. Microsoft SQL Server 2008 is requiredfor the Database Server. 2 New World Systems' Logos. NET product requires Microsoft Windows 2008 Server and Microsoft SQL Server 2008 including required Client Access Licenses (CALs) and Windows Server 2008 External Connector (EC) licenses for applicable Microsoft products. Servers must meet minimum hardware requirements provided by New World Systems. 3 Suggested minimum: 100MB Ethernet Network. 10MB CA T5 Ethernet Network may have less than adequate response time. Further consultation would be required to assess your network. j Time & Attendance interface is a two-way interface. Additional support may be requiredfor 3rd Party changes; not included in SSMA. GIS integration currently supports either ESR!'s Arc1MS or ArcGIS Server software; the Arc1MS and ArcGIS Server software and any services related to the installation and setup ofArc1MS or ArcGIS are not included in this proposal. The Arc1MS or ArcGIS Server software would need to be purchased, installed and setup separately. Additional cost per group of 5 for authorized users is $5,000. 5 6 CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 22 of 42 City of San Bernardino, CA 19.b Packet Pg. 516 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) EXHIBIT Bl AEGIS PROJECT MANAGEMENT. IMPLEMENTATION AND TRAINING SUPPORT SERVICES 1. Proiect Manal!ement Services New World shall act as Project Manager to assist Customer's management in implementing the Exhibit Al software. This responsibility will include documenting, coordinating and managing the overall Implementation Plan with Customer's management and the Customer Liaison. Project Management Services include: a) a summary level Implementation Plan; b) a detail level Implementation Plan; c) revised Implementation Plans (if required); d) monthly project status reports; and e) project status meetings a project review (kickoff) meeting at Customer's location progress status meeting(s) will occur during implementation via telephone conference or at Customer's location; and a project close-out meeting at Customer's location to conclude the project. f) New World consultation with other vendors or third parties. The implementation services fees described in Exhibit AAl include Project Management fees for a period up to 18 months after the Effective Date. 2. ImDlementation and Traininl! SUDDort Hours Recommended It is recommended that appropriate support hours are allocated for all Licensed Standard Software listed in Exhibit A I to insure successful implementation of and training on each application package. Based on the Licensed Standard Software listed on Exhibit AI, up to 1,600 hours of New World implementation and training support services have been allocated for this project. Excess hours requested shall be billed at the Hourly Rate. Avoiding or minimizing custom or modified features will aid in keeping the support costs to the amount allocated. Customer agrees to reimburse New World for support trips canceled by Customer less than ten (10) days before the scheduled start date to cover New World's out-of-pocket costs and lost revenues. The recommended implementation and training support services include: a) implementation of each package of Licensed Standard Software; b) Customer training and/or assistance in testing for each package of Licensed Standard Software; and c) tailoring of Licensed Standard Software by New World technical staff and/or consultation with New World technical staff. The project management, implementation and training support services provided by New World may be performed at Customer's premises and/or at New World national headquarters in Troy, Michigan (e.g., portions of project management are performed in Troy). 3. Interface Installation Service New World shall provide interface installation services as described in this paragraph below. These services do not include hardware and/or third party product costs which shall be Customer's responsibility, if required. Whenever possible, these services will be done remotely, resulting in savings in Travel Expenses and Time. If on-site installation and training is required, Customer will be responsible for the actual Travel Expenses and Time. The services include the following interfaces. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 23 of 42 City of San Bernardino, CA 19.b Packet Pg. 517 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit Bl / AEGIS PROJECT MANAGEMENT, IMPLEMENTATION AND TRAINING SUPPORT SERVICES a) Operating System Assurance (High Availability Environment) b) CAD Pager Interface c) 911 Interface d) On-Line CAD Interface to StatelNCIC e) Pre-Arrival Questionnaire Interface t) StatelNCIC g) On-Line Global Subjects Interface to StatelNCIC h) On-Line Property Checks Interface to StatelNCIC i) New World Mug Shots/Imaging j) Livescan Interface k) VINE Interface I) Geo-File Implementation Services m) Message Switch Installation Support New World's GIS implementation services are to assist and train Customer in preparing their GIS mapping data for use with the Licensed Standard Software. Customer must provide an accurate GIS street centerline layer in an industry standard file format (ESRI Shape Files). Customer is responsible for having clearly defined boundaries for Police Beats, EMS Districts and Fire Quadrants. New World will assist Customer to create and/or import map layers representing the Police/EMS/Fire boundaries. New World is not responsible for GIS data corrections, cleansing or accuracy. 4. Hardware Qualitv Assurance Service New World shall provide Hardware Systems Assurance of Customer's Aegis/MSP server(s). These services do not include hardware and/or third party product costs which shall be Customer's responsibility, if required. Whenever possible, these services will be provided remotely, resulting in savings in travel expenses and time. If on- site installation is required, Customer will be responsible for the actual travel expenses and time. a) Hardware Quality Assurance Services (High Availability) Environment: Hardware Systems Assurance and Software Installation: Assist with High Level System Design/Layout Validate Hardware Configuration and System Specifications Validate Network Requirements, including Windows Domain Physical Installation of New World Application Servers Instal1 Operating System and Apply Updates Install SQL Server and Apply Updates Install New World Applications Software and Apply Updates Establish Base SQL Database Structure Install Anti-Virus Software and Configure Exclusions Install Automated Backup Software and Configure Backup Routines Configure System for Electronic Customer Support (i.e. NetMeeting) Tune System Performance Including Operating System and SQL Resources Test High A vailability/Disaster Recovery Scenarios (if applicable) Provide Basic System Administrator Training and Knowledge Transfer Document Installation Process and System Configuration CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 24 of 42 City of San Bernardino, CA 19.b Packet Pg. 518 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit Bl / AEGIS PROJECT MANAGEMENT, IMPLEMENT A nON AND TRAINING SUPPORT SERVICES 5. Messal!e Switch ODeratinl! Svstem Assurance Service New World shall provide Message Switch Operating System Assurance. These services do not include hardware and/or third party product costs which shall be Customer's responsibility, if required. Whenever possible, these services will be provided remotely, resulting in savings in travel expenses and time. If on-site installation is required, Customer will be responsible for the actual travel expenses and time. a) Message Switch Operating System Assurance Services: Operating System Assurance and Software Installation Services: Unpack and assemble hardware Verify core hardware functionality (network/video/storage devices/usb) Install and update AIX Operating System Install and update applicable system manual pages Set AIX environment variables Build system user-ids and applicable authorizations Install and stage message handler and compilers Verify and allocate disk space Mirror hard drives and boot sequencing Install customer-specific communication processes Compile New World Message Switch programs Install base Message Switch data tables Install automated process restart script Install full system backup processes Install system support scripts Install state specific programs and scripts Install state specific data tables Assure Message Switch operation Disassemble, package, and ship to customer 6. Additional Services Available Additional services are also available at the rate of $170 per hour except for Project Management (beyond those described in this Agreement) which is at a rate of $200 per hour. These rates are protected for one year from the Effective Date of this Agreement. After one year, Customer shall pay a mutually agreeable hourly rate for all Exhibit B 1 support services rendered which shall not exceed 3% over the prior Hourly Rate. Other New World services may be required or requested for the following: a) additional software training; b) tailoring of Licensed Standard Software by New World technical staff and/or consultation with New World technical staff; c) New World consultation with other vendors or third parties; d) modifying the Licensed Standard Software; e) data conversions; f) designing and programming Licensed Custom Software; and g) maintaining modified Licensed Standard Software and/or custom software. Customer may request these additional services in writing using New World's Request For Service (RFS) procedure (or other appropriate procedures mutually agreed upon by Customer and New World and will be provided at the Hourly Rate). CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 25 of 42 City of San Bernardino, CA 19.b Packet Pg. 519 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) EXHIBIT 82 LOGOS PROJECT MANAGEMENT. IMPLEMENTATION AND TRAINING SUPPORT SERVICES 1. Proiect Manal!ement Services New World shall act as Project Manager to assist Customer's management in implementing the Exhibit A2 software. This responsibility will include documenting, coordinating and managing the overall Implementation Plan with Customer's management and the Customer Liaison. Project Management Services include: a) a summary level Implementation Plan; b) a detail level Implementation Plan; c) revised Implementation Plans (if required); d) monthly project status reports; and e) project status meetings a project review (kickoff) meeting at Customer's location progress status meeting(s) will occur during implementation via telephone conference or at Customer's location; and a project close-out meeting at Customer's location to conclude the project. The implementation services fees described in Exhibit AA2 include Project Management fees for a period up to 12 months after the Effective Date. 2. Implementation and Traininl! Support Hours Recommended It is recommended that appropriate support hours are allocated for all Licensed Standard Software listed in Exhibit A2 to insure successful implementation of and training on each application package. Based on the Licensed Standard Software listed on Exhibit A2, up to 1.000 hours of New World implementation and training support services have been allocated for this project. Excess hours requested shall be billed at the Hourly Rate. Avoiding or minimizing custom or modified features will aid in keeping the support costs to the amount allocated. Customer agrees to reimburse New World for support trips canceled by Customer less than ten (10) days before the scheduled start date to cover New World's out-of-pocket costs and lost revenues. The recommended implementation and training support services include: a) implementation of each package of Licensed Standard Software; and b) Customer training and/or assistance in testing for each package of Licensed Standard Software. The project management, implementation and training support services provided by New World may be performed at Customer's premises and/or at New World national headquarters in Troy, Michigan (e.g., portions of project management are performed in Troy). 3. Interface Installation Service New World shall provide interface installation services as described in this paragraph below. These services do not include hardware and/or third party product costs which shall be Customer's responsibility, if required. Whenever possible, these services will be done remotely, resulting in savings in Travel Expenses and Time. If on-site installation and training is required, Customer will be responsible for the actual Travel Expenses and Time. The services include the following interfaces. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 26 of42 City of San Bernardino, CA 19.b Packet Pg. 520 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit 82 / LOGOS PROJECT MANAGEMENT, IMPLEMENTATION AND TRAINING SUPPORT SERVICES a) Bank Reconciliation b) Time and Attendance c) 3rd Party receivables (Batch) 4. Hardware Ouality Assurance Service New World shall provide Hardware Systems Assurance of Customer's Logos.NET server(s). These services do not include hardware and/or third party product costs which shall be Customer's responsibility, if required. Whenever possible, these services will be provided remotely, resulting in savings in travel expenses and time. If on- site installation is required, Customer will be responsible for the actual travel expenses and time. a) Hardware Quality Assurance Services (Standard): Hardware Systems Assurance and Software Installation:: Assist with High Level System Design/Layout Validate Hardware Configuration and System Specifications Validate Network Requirements, including Windows Domain Physical Installation of New World Application Servers Install Operating System and Apply Updates Install SQL Server and Apply Updates Install New World Applications Software and Apply Updates Establish Base SQL Database Structure Install Anti-Virus Software and Configure Exclusions Install Automated Backup Software and Configure Backup Routines Configure System for Electronic Customer Support (i.e. NetMeeting) Tune System Performance Including Operating System and SQL Resources Test High Availability/Disaster Recovery Scenarios (if applicable) Provide Basic System Administrator Training and Knowledge Transfer Document Installation Process and System Configuration 5. Additional Services Available Additional services are also available at the rate of $170 per hour except for Project Management (beyond those described in this Agreement) which is at a rate of $200 per hour. These rates are protected for one year from the Effective Date of this Agreement. After one year, Customer shall pay a mutually agreeable hourly rate for all Exhibit B2 support services rendered which shall not exceed 3% over the prior Hourly Rate. Other New World services may be required or requested for the following: a) additional software training; b) tailoring of Licensed Standard Software by New World technical staff and/or consultation with New World technical staff; c) New World consultation with other vendors or third parties; d) modifying the Licensed Standard Software; e) designing and programming Licensed Custom Software; and f) maintaining modified Licensed Standard Software and/or custom software. Customer may request these additional services in writing using New World's Request For Service (RFS) procedure (or other appropriate procedures mutually agreed upon by Customer and New World and will be provided at the Hourly Rate). CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 27 of 42 City of San Bernardino, CA 19.b Packet Pg. 521 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) EXHIBIT Cl AEGIS STANDARD SOFTWARE MAINTENANCE AGREEMENT This Standard Software Maintenance Agreement (SSMA) between New World Systems Corporation (New World) and City of San Bernardino, California (Customer) sets forth the standard software maintenance support services provided by New World for the Exhibit AI applications under Subscription. 1. Service Period This SSMA shall remain in effect for a period of ten (10) years (the SSMA term) beginning on the date of Agreement execution (the start date) and ending on the same calendar date at the conclusion of the SSMA term unless extended by written agreement signed by the parties. 2. Services Included The following services or features are provided under this SSMA at no additional cost, outside ofthis Agreement, to Customer: a) upgrades, including all new releases and revisions, to the Licensed Standard Software during subscription term (prior releases of Licensed Standard Software application packages are supported no longer than nine (9) months after a new release is announced by New World); b) temporary fixes to Licensed Standard Software under subscription (see paragraph 6 below); c) revisions to Licensed Documentation; d) reasonable telephone support for Licensed Standard Software on Monday through Friday from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone); e) invitation to and participation in user group meetings; f) emergency 24-hour per day telephone support, for Aegis CAD only, seven (7) days per week for Licensed Standard Software. Normal service is available from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone). After 8:00 p.m., the Aegis CAD phone support will be provided via pager and a New World support representative will respond to CAD service calls within 30 minutes of call initiation; and g) integration ofthe embedded software that is a component of the Exhibit Al Licensed Standard Software. Items a, b, c and d above will be distributed to Customer by electronic means. Additional support services are available as requested by Customer using the rates set forth in Exhibit B 1. Exhibit B 1 has a description of support services available. 3. Maintenance for Modified Licensed Standard Software and Custom Software Customer is advised that if it requests or makes changes or modifications to the Licensed Standard Software, these changes or modifications (no matter who makes them) make the modified Licensed Standard Software more difficult to maintain. New World agrees to provide maintenance support for Custom interfacing software at no additional expense, outside of this Agreement, to Customer. If New World agrees to provide maintenance support for Custom Software or Licensed Standard Software modified at Customer's request, or for prior releases of New World's software, then the additional New World maintenance or support services provided shall be billed at the then-current Exhibit B 1 hourly fees. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 28 of 42 City of San Bernardino, CA 19.b Packet Pg. 522 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit Cl /AEGIS STANDARD SOFTWARE MAINTENANCE AGREEMENT 4. BiIline: Maintenance costs are covered under the subscription payments in Exhibit AA l. (If used, any Exhibit B 1 support or service hours incurred are billed weekly for the previous calendar week.) 5. Additions of Software to Maintenance Ae:reement Additional Licensed Standard Software licensed from New World will be added to the SSMA upon delivery. Costs for the maintenance for the additional software will be billed to Customer on a pro rata basis for the remainder of the maintenance year and on a full year basis thereafter. 6. Requests for Software Correction on Licensed Standard Software At any time during the SSMA period, if Customer believes that the Licensed Standard Software does not conform to the current specifications set forth in the user manuals, Customer must notify New World in writing that there is a claimed defect and specify which feature and/or report it believes to be defective. Before any notice is sent to New World, it must be reviewed and approved by the Customer Liaison. Documented examples of the claimed defect must accompany each notice. Screen shots of the claimed defect where available shall suffice for the documented example requirement. New World will review the documented notice and when a feature or report does not conform to the published specifications, New World will provide software correction service at no charge. (See paragraph 4.0 of the General Terms and Conditions of this Agreement for the New World warranties provided.) A non-warranty request is handled as a billable Request For Service (RFS) (see Exhibit B l). The no-charge software correction service does not apply to any of the following: a) situations where the Licensed Standard Software has been changed by anyone other than New World personnel; b) situations where Customer's use or operations error causes incorrect information or reports to be generated; and c) requests that go beyond the scope of the specifications set forth in the current User Manuals. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 29 of 42 City of San Bernardino, CA 19.b Packet Pg. 523 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) EXHIBIT C2 LOGOS STANDARD SOFTWARE MAINTENANCE AGREEMENT This Standard Software Maintenance Agreement (SSMA) between New World Systems Corporation (New World) and City of San Bernardino, California (Customer) sets forth the standard software maintenance support services provided by New World for the Exhibit A2 applications under Subscription. 1. Service Period This SSMA shall remain in effect for a period of ten (10) years (the SSMA term) beginning on the date of Agreement execution (the start date) and ending on the same calendar date at the conclusion of the SSMA term unless extended by written agreement signed by the parties. 2. Services Included The following services or features are provided under this SSMA at no additional cost, outside ofthis Agreement, to Customer: a) upgrades, including all new releases and revisions, to the Licensed Standard Software during subscription term (prior releases of Licensed Standard Software application packages are supported no longer than nine (9) months after a new release is announced by New World); b) temporary fixes to Licensed Standard Software under subscription (see paragraph 6 below); c) revisions to Licensed Documentation; d) reasonable telephone support for Licensed Standard Software on Monday through Friday from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone); e) invitation to and participation in user group meetings; Items a, b, c and d above will be distributed to Customer by electronic means. Additional support services are available as requested by Customer using the rates set forth in Exhibit B2. Exhibit B2 has a description of support services available. 3. Maintenance for Modified Licensed Standard Software and Custom Software Customer is advised that if it requests or makes changes or modifications to the Licensed Standard Software, these changes or modifications (no matter who makes them) make the modified Licensed Standard Software more difficult to maintain. New World agrees to provide maintenance support for Custom interfacing software at no additional expense, outside of this Agreement, to Customer. If New World agrees to provide maintenance support for Custom Software or Licensed Standard Software modified at Customer's request, or for prior releases of New World's software, then the additional New World maintenance or support services provided shall be billed at the then-current Exhibit B2 hourly fees. 4. Billin!!: Maintenance costs are covered under the subscription payments in Exhibit AA2. (If used, any Exhibit B2 support or service hours incurred are billed weekly for the previous calendar week.) CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 30 of 42 City of San Bernardino, CA 19.b Packet Pg. 524 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit C2 /LOGOS STANDARD SOFTWARE MAINTENANCE AGREEMENT 5. Additions of Software to Maintenance Al!reement Additional Licensed Standard Software licensed from New World wi\l be added to the SSMA upon delivery. Costs for the maintenance for the additional software wi\l be bi\led to Customer on a pro rata basis for the remainder of the maintenance year and on a full year basis thereafter. 6. Reauests for Software Correction on Licensed Standard Software At any time during the SSMA period, if Customer believes that the Licensed Standard Software does not conform to the current specifications set forth in the user manuals, Customer must notify New World in writing that there is a claimed defect and specify which feature and/or report it believes to be defective. Before any notice is sent to New World, it must be reviewed and approved by the Customer Liaison. Documented examples of the claimed defect must accompany each notice. Screen shots of the claimed defect where available shall suffice for the documented example requirement. New World will review the documented notice and when a feature or report does not conform to the published specifications, New World wi\l provide software correction service at no charge. (See paragraph 4.0 of the General Terms and Conditions of this Agreement for the New World warranties provided.) A non-warranty request is handled as a billable Request For Service (RFS) (see Exhibit B2). The no-charge software correction service does not apply to any of the following: a) situations where the Licensed Standard Software has been changed by anyone other than New World personnel; b) situations where Customer's use or operations error causes incorrect information or reports to be generated; and c) requests that go beyond the scope of the specifications set forth in the current User Manuals. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 31 of 42 City of San Bernardino, CA 19.b Packet Pg. 525 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) EXHIBIT D NEW WORLD SYSTEMS CORPORATION NON-DISCLOSURE AND SECURITY AGREEMENT FOR THIRD PARTIES This Agreement, when accepted and executed by New World, grants the undersigned the permission to use and/or have limited access to certain New World Systems<B> Corporation (New World) proprietary and/or confidential information. Installed At: City of San Bernardino Customer Name Located At: 710 North "D" Street San Bernardino, CA 92401 Authorized Signature of Customer: Name (Please Print or Type)Title Signature In exchange for the permission to use or have access to New World proprietary and/or confidential information, including without limitation, New World software and/or documentation, the organization and individual whose names appear below, agree to the following: 1. No copies in any form will be made of New World proprietary or confidential information without the expressed written consent of New World's President, including without limitation, the following: a) Program Libraries, whether source code or object code; b) Operating Control Language; c) Test or Sample Files; d) Program Listings; e) Record Layouts; f) All written confidential or proprietary information originating from New World including without limitation, documentation, such as user manuals and/or system manuals; and/or g) All New World Product Bulletins and/or other New World Product related materials. 2. New World software, New World documentation, or other proprietary or confidential information shall not be used for any purpose other than processing the records of the Customer identified above as permitted in the Customer's Standard Software License and Services Agreement with New World. 3. The undersigned agree(s) that this Agreement may be enforced by IDJunction in addition to any other appropriate remedies available to New World. If it is determined that the money damages caused by the undersigned's failure to comply with the foregoing terms are difficult to ascertain, they are hereby estimated at liquidated damages of no less than three times the then-current License Fees for the License Software provided to Customer under the Standard Software License and Service Agreement between Customer and New World. 4. Nothing contained within this Exhibit shall circumvent Customer's obligations under the Federal Freedom of Information Act or the California Public Records Act. Agreed and Accepted by Third Party (Organization)Agreed and Accepted by Third Party (Individual) Organization:Individual: By: Title: By: Title: Date:Date: Accepted and Approved by New World Systems Corp. By: Title: Date: Approved as to form: James F. Penman, City Attorney Date: CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 32 of 42 City of San Bernardino, CA 19.b Packet Pg. 526 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) EXHIBIT E DEMONSTRATION SITE DISCOUNT As a major component of the Subscription Agreement, New World has provided Customer a significant discount in exchange for the privilege of using Customer's site for demonstration purposes. Accordingly, after the Licensed Standard Software has been delivered and installed, Customer agrees to act as a demonstration site for prospective New World customers. Customer also agrees to serve as a reference or remote demonstration site on the telephone for prospective New World customers. By agreeing to be a demonstration site, Customer is not necessarily endorsing the New World software and Customer will not actively participate in any type of marketing and advertising campaign for or on behalf of New World. Demonstrations will be coordinated with the appropriate Customer personnel and will be scheduled to minimize the interruption to Customer's operations. New World will provide Customer reasonable notice for preparation. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 33 of 42 City of San Bernardino, CA 19.b Packet Pg. 527 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) EXHIBIT F LOGOS DATA FILE CONVERSION ASSISTANCE New World will provide conversion assistance to Customer to help convert the existing data files specified below. If additional files are identified after the contract execution, estimates will be provided to Customer prior to New World beginning work on those newly identified files. 1. General a) This conversion effort includes data coming from one unique data source, not multiple sources. b) No data cleansing, consolidation of records, or editing of data will be part of the data conversion effort. Data cleansing, removal of duplicate records, and editing must take place by Customer prior to providing the data to New World 2. New World Responsibilities a) New World will provide Customer with a conversion design document for signoffprior to beginning development work on the data conversion. No conversion programming by New World will commence until Customer approves this document. b) New World will provide the data conversion programs to convert Customers data from a single data source to the New World Licensed Standard Software for the specified files that contain 500 or more records. c) As provided in the approved project plan for conversions, New World will schedule a conversion analysis trip and a separate data conversion testing trip to Customer's location. The conversion testing trip for each application is a billable support trip, using standard Exhibit B hours, which is scheduled in conjunction with the delivery of the converted data to the Customer. d) New World will provide the Customer up to 3 test sets of the converted data. Additional test sets requested may/will require additional conversion costs. e) New World will provide the standard conversion record layouts to the Customer and convert the available data elements defined in the standard conversion record layouts. 3. Customer Responsibilities a) Customer will provide data in standard conversion record layouts as provided by New World. Submitted data files must include an accurate count of records contained in the files. b) Data will be submitted to New World in one of the following formats: AS/400 files, Microsoft SQL Server database, Microsoft Access database, Microsoft Excel Spreadsheet, or an ASCII- format delimited text file. Data and databases will be transferred using the New World ftp site. c) Customer understands that files or tables containing less than 500 records or table entries will not be converted. d) As provided in the project plan for conversions, Customer will provide a dedicated resource in each application area to focus on conversion mapping and testing. This includes dedicating a support person(s) whenever New World staff is on site regarding conversions. Roughly a one to one commitment exists for Customer commitment and New World commitment. Customer understands that thorough and timely testing of the converted data by Customer personnel is a key part of a successful data conversion. e) Customer agrees to promptly review conversion deliveries and signoff on both the conversion design document and on the final conversion after the appropriate review. Applying the converted data to the production (Live) environment will constitute conversion acceptance by Customer. t) If the Customer cannot provide data in the format defined in New World's standard conversion record layouts then New World will map the data to New World's standard conversion record layout at the Hourly Rate. The Customer must provide complete file and field definitions for New World to map the data. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 34 of 42 City of San Bernardino, CA 19.b Packet Pg. 528 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit F / DATA FILE CONVERSION ASSISTANCE 4. Files to be converted Up to 11 files from the following possible sources are included. Financial Vendor Information Asset Management (Fixed Assets) General LedgerlBudget History Purchase Order History Accounts Payable History Payroll Employee Information Employee Detailed Earnings History Position Master File Community Development Permit/Inspection History Business License Information/Contractors Code Enforcement Violation CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 35 of 42 City of San Bernardino, CA 19.b Packet Pg. 529 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) EXHIBIT G 1 AEGIS CUSTOMER REOUESTED STANDARD SOFTWARE ENHANCEMENTS / MODIFICATIONS AND / OR CUSTOM SOFTWARE 1. Definition of Proiect New World will provide the Customer requested Standard Software Enhancements and/or Custom Software as discussed below to address the Customer's requirements. Customer agrees to cooperate in not making modifications and enhancements too extensive as defined in the 2(b)(1) procedure below. An analysis and assessment to verify the scope of effort for the project will be conducted. A revised estimate for the modifications/interfaces may be provided at the conclusion of the assessment. Customer may elect to cancel or proceed with the modifications/interfaces based on the revised estimate. Capabilities included in the initial scope: a) Custom Software/Interfaces With New World providing consultation, Customer is responsible for obtaining technical contacts and/or technical specifications from the third parties involved. 1) First-in Fire Station Alerting Interface: New World will provide a one-way interface from CAD to Westnet First-In Station Alerting per the Westnet API documentation. 2) LINX Interface: New World will provide a one way interface to the LINX data warehouse for the arrest, case, and warrant modules. This interface will provide the core information from these modules and the associated information in those modules. The interface will be based on one of the LEXS PD 3.X formats. 2. Methodolol!v to Provide Enhancements and/or Custom Software a) Definition of New World's Responsibilitv This project includes the following activities to be performed by New World. 1) Review of required features with Customer. Only items identified in Paragraph 1 above will be provided in this implementation plan. 2) Preparation of Requirements Document (RD) to include: Detailed description of the required feature menu samples screen samples report samples 3) Programming and programming test. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 36 of 42 City of San Bernardino, CA 19.b Packet Pg. 530 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit Gl / CUSTOMER REQUESTED STANDARD SOFTWARE ENHANCEMENTS / MODIFICATIONS AND / OR CUSTOM SOFTWARE 4) On-site training, testing and/or other support services at the Hourly Rate. For modification requiring over fifty (50) hours of work, New World utilizes a design document procedure [see 2(b)(1) below]. For smaller modifications, New World uses a Request For Service RFS) procedure. Both procedures are reviewed with Customer at a pre-installation planning meeting. The RFS procedure utilizes a form with a narrative description and supporting documentation if applicable to define the work to be done. b) Implementation Schedule Activity Tameted Time Period 1) Complete Design Review with Customer Staff. Customer agrees to be reasonable and flexible in not attempting to design the modifications to be more extensive than called for in the scope (cost and schedule) ofthis project. To be determined 2) New World submits completed RD to Customer.To be determined 3) RD is accepted and signed off by Customer (no programming will be done by New World until the formal sign-off and Customer's authorization to proceed in writing). To be determined 4) New World completes programming from RD and provides modified software to Customer. To be determined 5) Software Modification Acceptance Test based on RD.To be determined c) Customer's Responsibility All Customer-requested changes after RD sign-off must be documented by Customer and authorized in writing including potential costs, if any. Additional changes will most likely delay the schedule and may increase the cost. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 37 of 42 City of San Bernardino, CA 19.b Packet Pg. 531 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) EXHIBIT G2 LOGOS CUSTOMER REQUESTED ST ANDARD SOFTWARE ENHANCEMENTS / MODIFICATIONS AND / OR CUSTOM SOFTWARE 1. Definition of Proiect New World will provide the Customer requested Standard Software Enhancements and/or Custom Software as discussed below to address the Customer's requirements. Customer agrees to cooperate in not making modifications and enhancements too extensive as defined in the 2(b)(1) procedure below. An analysis and assessment to verify the scope of effort for the project will be conducted. A revised estimate for the modifications/interfaces may be provided at the conclusion of the assessment. Customer may elect to cancel or proceed with the modifications/interfaces based on the revised estimate. Capabilities included in the initial scope: a) Custom Software/Interfaces With New World providing consultation, Customer is responsible for obtaining technical contacts and/or technical specifications from the third parties involved. 1) Journal Import - Active: A one-way user initiated batch process to import journal transactions from a third party system to New World's general ledger. 2) Journal Import - Utility: A one-way user initiated batch process to import journal transactions from a third party system to New World's general ledger. 3) Journal Import - Chameleon: A one-way user initiated batch process to import journal transactions from a third party system to New World's general ledger. 4) Laser Fiche Interface - Enables the user to directly access a 3rd party document imaging application to view scanned documents associated to a transaction or master record. Functionality is currently available in the following areas: Accounts Payable Invoices, Payments (Checks), Revenue Collection Receipts, Journals, Purchase Orders, Requisitions and Employees. 5) Logos.NET Inspections to a 3rd Partv IVR Interface: New World will provide an interface that leverages our existing IVR interface which includes the following features: Create a Requested Inspection Cancel a Requested Inspection Get Status of an Inspection New features in addition to existing functionality. Ability to schedule an inspection for AM or PM Automatically schedule an inspection to an inspector based on inspection type and property zone Ability to schedule an inspection for any date in the future (not just the next 2 business days) Ability to schedule inspections for code violations Note: The interface will leverage our existing IVR interface for inspections and does not include changes to those features. The expectation is that the IVR vendor will adhere to the specifications of the existing interface. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 38 of 42 City of San Bernardino, CA 19.b Packet Pg. 532 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit G2 / LOGOS CUSTOMER REQUESTED STANDARD SOFTWARE ENHANCEMENTS / MODIFICATIONS AND / OR CUSTOM SOFTWARE 2. Methodolol!:Y to Provide Enhancements and/or Custom Software a) Definition of New World's Responsibility This project includes the following activities to be performed by New World. 1) Review of required features with Customer. Only items identified in Paragraph I above will be provided in this implementation plan. 2) Preparation of Requirements Document (RD) to include: Detailed description of the required feature menu samples screen samples report samples 3) Programming and programming test. 4) On-site training, testing and/or other support services at the Hourly Rate. For modification requiring over fifty (50) hours of work, New World utilizes a design document procedure [see 2(b)(1) below]. For smaller modifications, New World uses a Request For Service RFS) procedure. Both procedures are reviewed with Customer at a pre-installation planning meeting. The RFS procedure utilizes a form with a narrative description and supporting documentation if applicable to define the work to be done. b) Implementation Schedule Activity Tarl!:eted Time Period 1) Complete Design Review with Customer Staff. Customer agrees to be reasonable and flexible in not attempting to design the modifications to be more extensive than called for in the scope (cost and schedule) of this project. To be determined 2) New World submits completed RD to Customer.To be determined 3) RD is accepted and signed off by Customer (no programming will be done by New World until the formal sign-off and Customer's authorization to proceed in writing). To be determined 4) New World completes programming from RD and provides modified software to Customer. To be determined 5) Software Modification Acceptance Test based on RD.To be determined c) Customer's Responsibility All Customer requested changes after RD sign-off must be documented by Customer and authorized in writing including potential costs, if any. Additional changes will most likely delay the schedule and may increase the cost. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 39 of 42 City of San Bernardino, CA 19.b Packet Pg. 533 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) New World SystenlS' Tbe Pfib!h' Com/Jlmy APPENDIX 1 AEGIS AGREEMENT AND AUTHORIZATION FOR PROCUREMENT OF THIRD PARTY PRODUCTS AND SERVICES The attached configuration (Exhibit 1) describes the Third Party products and services that New World will obtain for Customer. By their written approval below, Customer authorizes New World to order the Exhibit 1 products for delivery to: City of San Bernardino 710 North "D" Street San Bernardino, CA 92401 The payments for Appendix 1 Services are covered under the Cost Summary and Payment Schedule in Exhibit AA 1. Customer is responsible for the site preparation and related costs to install the Exhibit 1 Third Party products. Customer is responsible for any returned product charges, including re-stocking and shipping fees, for all Third Party products ordered by New World on the Customer's behalf. Travel Expenses incurred by New World are in addition to the Exhibit 1 cost and will be billed weekly as incurred. The Exhibit 1 components and cost may only be changed by mutual agreement of the parties. If a change order in the configuration requires additional costs, New World shall notify Customer of the additional costs and with Customer's approval these costs shall be borne by Customer. Without such approval, the change order will not be processed. Customer shall or may be required to execute selected agreements with vendors and New World shall not confirm the ordering of any Exhibit 1 products without Customer's authorized signature on said Agreements. Customer shall receive the benefit of all warranties, services, etc. provided for in the Agreements. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 40 of 42 City of San Bernardino, CA 19.b Packet Pg. 534 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) EXHIBIT 1 AEGIS CONFIGURATION THIRD PARTY PRODUCTS AND SERVICES THIRD PARTY SOFTWARE a. Embedded Third Party Software includes all Third Party executable components) b. GIS Software CAD CAD Workstations using ArcGIS Engine Runtime 33 workstations) Mobile Mobile In-Car Mapping and Routing ( 156 units) Geo-File Maintenance Software (ESRI ArcEditor) per workstation c. Diagramming Software (Scene PD) Enterprise License THIRD PARTY HARDWARE d. Hardware, System Software & Services Lantronix UDS-l1 00 Bar Coding Scanner Kit AVL Hardware (191 units) Digital Camera for Mug Shots CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 41 of 42 City of San Bernardino, CA 19.b Packet Pg. 535 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) ESRI Notes 1) Customer will restrict use of the ESRI Software to executable code (used with the Aegis Licensed Standard Software). 2) Customer will prohibit (a) transfer ofthe ESRI Software except for temporary transfer in the event of computer malfunction; (b) assignment, time-sharing, lend or lease, or rental of the ESRI Software or use for commercial network services or interactive cable or remote processing services; and (c) title to the ESRI Software from passing to any other party. 3) Customer will prohibit the reverse engineering, disassembly, or decompilation of the ESRI Software and prohibit duplication of the ESRI Software except for a single archival copy; reasonable Sublicensee backup copies are permitted. 4) Customer will disclaim, to the extent permitted by applicable law, ESRI's liability for any damages, or loss of any kind, whether special, direct, indirect, incidental, or consequential, arising from the use of the ESRI Software. 5) At the termination of their Agreement (Sublicense) with New World, Customer will certify in writing to New World that it has discontinued use and has destroyed or will return to New World all copies of the ESRI Software and documentation. 6) Customer will comply fully with all relevant export laws and regulations of the United States to assure that the ESRI Software, or any direct product thereof, is not exported, directly or indirectly, in violation of United States law. 7) Customer will prohibit the removal or obscuring of any copyright, trademark notice, or restrictive legend. 8) If New World grants a Sublicense to the United States Government, the ESRI Software shall be provided with "Restricted Rights". 9) All Aegis/MSP Customers are required to use ESRI's ArcGIS suite of products to maintain GIS data. All maintenance, training and on-going support of this product will be contracted with and conducted by ESRI. Maintenance for ESRI's ArcGIS suite of products that are used for maintaining Customer's GIS data will be contracted by Customer separately with ESRI. 10) The on-going New World SSMA cost is required for any Aegis software changes related to integration with ESRI software. 11) If a new release ofESRI software is incorporated into the Aegis software, an associated upgrade fee may be required for the new ESRI software, depending on the potential cost from ESRI; and/or on the scope of effort required to integrate the new ESRI release with Aegis software. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 42 of 42 City of San Bernardino, CA 19.b Packet Pg. 536 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit B PURCHASE AGREEMENT CITY OF SAN BERNARDINO and NEXUS INTEGRATED SYSTEMS, INC. This Purchase Agreement is entered into this 25th day of January, 2011, by and between Nexus Integration Systems ("Nexus") and the City of San Bernardino ("City" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the City to contract for the upgrade of the City's telephone system; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages Nexus to provide those products and services set forth on the Statement of Work, attached herein as Attachment" 1 " and fully incorporated herein, on the terms stated therein. 2. COMPENSATION AND EXPENSES. a. For the products and/or services delineated above, the City, upon presentation of an invoice, shall pay the Nexus up to the amount of$396,060.71 for materials and equipment, installation labor, 9% sales tax and a one-year warranty, as set forth on Schedule "A" to the Statement of Work. b. No other expenditures made by Nexus shall be reimbursed by City. 3. TERM; TERMINATION. This project shall be commenced January 25th and shall be completed within 60 days from award, execution of agreements and progress payment. 4. INDEMNITY. Nexus agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Nexus, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Nexus agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Nexus hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with San BernardinolNexus Agreement January 20, 2011 19.b Packet Pg. 537 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) respect to third party claims against the Nexus relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 6. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, Nexus shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1 ,000,000.00 combined single limit, and shall file copies of said policies with the City's Risk Manager prior to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the City shall require the insurer to give City at least thirty (30) days' notice of any change or termination in the policy. 7. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, Nexus shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because oftheir race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Nexus warrants that it possesses or shall obtain, and maintain a business registration certificate as required under Chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature legally required of Nexus to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE City:I. T. Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5947 TO Nexus:Mr. Daniel Hopkins or Mr. Thomas Lyon 27202 W. Turnberry Ln. Suite 100 Valencia, CA 91355 Telephone (949) 265-6045 daniel.hopkins@nexusis.com 10. 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, San BemardinolNexus Agreement 2 January 20, 2011 19.b Packet Pg. 538 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 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 and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. Nexus shall not voluntarily or by operation oflaw assign, transfer, sublet or encumber all or any part of the Nexus's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Nexus of Nexus's obligation to perform all other obligations to be performed by Nexus hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Eastern Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its prOVISIOns. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid 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. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without San Bernardino/Nexus Agreement 3 January 20, 2011 19.b Packet Pg. 539 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. 2011 NEXUS INTEGRATION SERVICESDated: By: Its: Dated 2011 CITY OF SAN BERNARDINO By: Charles McNeely, City Manager Approved as to Form: James F. Penman, City Attorney By: San BemardinofNexus Agreement 4 January 20, 2011 19.b Packet Pg. 540 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) N E l;ne~lI~e ~~te Statement of Work Developing advanced technology solutions for your business PREPARED FOR: City of San Bernardino NEC SV8500 IP PBX SYSTEM REPLACEMENT & Contact Center -City Hall Site Version1.0 1/19/2011 www.nexusis.comI800-536-2400Iinfo@nexusis.com ATTACHMENT 1 19.b Packet Pg. 541 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) TEAM CONTACT INFORMATION Client Name Functional Responsibility Email Address Phone Larry Martin Senior Network Martin La@sbcitv.orq (909) 384-5947 Administrator June Yotsuya IT Director Yotsuva Ju@sbcitV.orq (909) 384-5947 Nexus Name Functional Responsibility Emall Address Phone Nexus IS Inc. Distribution: Dan Hopkins Account Manager dan.hookinS@nexusis.com (949) 265-6045 Don Shepherd Sales Engineer don.sheoherd@nexusis.com (949) 265-6116 19.b Packet Pg. 542 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Document Control Author:Don Shepherd, Sales Engineer Nexus IS, Inc. Professional Services Change Authority: Nexus IS Professional Services Revision History The table below shows the revision history of this document. Version No. Issue Date Status Reason for Change 1.0 12/20/2010 Initial Draft 1.1 1/19/2011 DSS Added Call Back feature to Contact Center SOW for Water & Price Change reduction Review History The table below shows the review history of this document. I Re.iewe'" Details I Version No. I Date 19.b Packet Pg. 543 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Nexus IS>>Statement of Work 1 Executive Summary This statement of work (SOW) identifies the services and activities to be performed by Nexus (and/or others as identified herein) relative to the installation and programming of a new NEC SV8500 IP PBX system at the City of San Bernardino - City Hall Site. The new SV8500 will replace the end-of-support NEC 2400 ICS system currently installed and providing service to the City Hall Facility. The UNIVERGE@ SV8500 communication server shows that it is possible to improve on a family of products that completely revolutionized the PBX market, the NEC 2400. UNIVERGE SV8500 ups the ante by adding more applications and features to improve productivity and streamline business processes. SAVINGS realized when migrating to the UNIVERGE SV8500: License Migration customers will receive an equivalent amount (like for like licenses) when moving from the NEAX 2400 platform to the UNIVERGE SV8500. Terminal Migration customers, existing Series E, Series i, Dterm@ Cordless and SN716 Desk Console will work on the UNIVERGE SV8500. Application Migration customers with existing Call Center applications, UC applications, OAI Applications, UA5200 and Wired-for-Wireless products will migrate to the UNIVERGE SV8500. The NEAX 2400 End of Life has been announced; the UNIVERGE SV8500 is the "go forward" product for future development. With the end of NEAX 2400 and NEAX 2400 NTAC support (as announced in Dear Associate Letter 2000-09-106), this new system will again provide the City Hall site with a new system warranty and NEC NTAC support ongoing. The IP design with Embedded VolP and SIP server provides support for IP stations and IP trunks, eliminating the requirement for more blades or additional chassis. As a pure IP system, the SV8500 scales seamlessly to thousands of ports. New line-up of next generation UNIVERGE Terminals provides the freedom to tailor the platform and telephony applications to meet your customers evolving needs. Scalability and customization through modularity, investment protection with Standard 5 Year Terminal Warranty, XML open interface support and Bluetooth Handsets are just some of the benefits. The UNIVERGE SV8500 is a true Global Product; organizations can take advantage of support for both VolP and traditional voice: deployment of a pure IP solution or any combination of IP and traditional technology. The new SV8500 platform will be an IP-enabled platform that will support VOIP deployments now. The new IVR system will be integrated into the new SV8500 IP platform via standard SIP ports (48). Existing circuit cards will migrate into the new SV8500 platform after a simple chip kit upgrade. Most of the circuit cards from the 2400 IPX will be reused in the new SV8500. The services, activities, and responsibilities described within the following sections herein characterize the full set of deliverables for this project, thus constitutes the working agreement between Nexus and CITY OF SAN BERNARDINO (Client). Every effort has been made to identify the scope of the projectbasedoninformationmadeavailableduringtheengagementtocreatetheSOW. CITY OF SAN BERNARDINO- Statement of Work Page 4 of 17 19.b Packet Pg. 544 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Nexus IS))Statement of Work 1.1 Nexus Profile Nexus, headquartered in Valencia, California has offices throughout California, Arizona, Oregon and Washington. The company employs more than 400 people and serves client organizations of all types and sizes in local, national and international markets. Nexus specializes in delivering innovative convergence solutions that provide businesses with a distinct competitive advantage. We understand the challenges posed by today's rapidly evolving technologies and leverage our extensive engineering team to help our clients meet these challenges. We work hard to understand the unique needs of each of our clients, and develop a personalized technology strategy to help them succeed. 1.2 Customer Profile City of San Bernardino The City of San Bernardino is a community rich in history and cultural diversity. Influences of Native Americans, Mexican settlers, Spanish missionaries and Mormon emigrants can still be seen throughout the City today. From the day in 1810 when Franciscan missionary Father Dumetz named the area San Bernardino to the present, San Bernardino - nestled south of the San Bernardino Mountains and west of the lower desert - has been recognized for its scenic beauty and strategic location. Today, the City of San Bernardino serves as the county seat and is the largest city in the County of San Bernardino with a population of over 205,000. The location of this project is The City of San Bernardino - City Hall facility located at: City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 909) 384-5211 Hours of ODeration Monday-Thursday 7:30 a.m. - 5:30 p.m. Closed Friday, Mayor's Office & Water Department open until 4:30, 2nd Floor Access CITY OF SAN BERNARDINO- Statement of Work Page 5 of 17 19.b Packet Pg. 545 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Nexus IS>>Statement of Work 2 Professional Services 2.1 Solution Overview The purpose of the proposed engagement is to assist CITY OF SAN BERNARDINO with the deployment of a new NEC SV8500 communications server and software solution. The system is designed to replace the existing NEC 2400 ICS at the existing City Hall Site and will support a new Contact Center Software solution, Unified Communications for Business (UCB). Existing circuit cards will be upgraded with chip kits and migrated to the new system as possible. Digital station sets will be reused throughout the City Hall facility and new IP sets will be deployed at some locations. 2.2 Scope SV8500 Communications Server At the City Hall Site, the SV8500 will replace an existing (End of Life/End of Support) 2400 ICS system that is no longer supported by the manufacturer, NEC America. Upgrades and patches are no longer available. The new SV8500 will be installed and programmed at the same location as the existing 2400 system. This proposal assumes that the existing Series E or Series I telephone sets will be reused and that those telephone sets are in working order. This proposal assumes that the replacement system will be a like-for-like replacement without significant changes to system programming of individual stations. A new Contact Center solution will be deployed (UCB) and extensive call flow, auto attendant and live attendant console applications will be developed and deployed. Agent tracking, reporting and monitoringwillbesupported, with agent supervisor capability to monitor and assist. The contact Center will be equipped for up to 80 concurrent agents logged in. Custom Announcements and detailed reporting will be provided. A site license for Agent Callback is included. A new centralized Unified Messaging server will be implemented to replace existing voice mail for up to 1200 users. This system will provide voice mail with Outlook integration for the City staff. All power sources, grounding and wall mounting space will be reused as appropriate. All existing cabling will be reused and no new station cabling is included in this proposal. The new SV8500 will connect to the existing NEC network via the existing CCIS circuits. On-Site System Administrator training for the SV8500 is included. The services, activities, and responsibilities described within the following sections herein characterize the full set of deliverables for this project, thus constitutes the working agreement between Nexus and CITY OF SAN BERNARDINO. Every effort has been made to identify the scope of the project based on information made available during the engagement to create the SOW. CITY OF SAN BERNARDINO- Statement of Work Page 6 of 17 19.b Packet Pg. 546 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Nexus IS)}Statement of Work 2.3 Project Tasks Project Tasks Task CITY OF SAN Nexus BERNARDINO Kickoff meeting between CITY OF SAN BERNARDINO and X XNexus Project Planning! Database Design session X X Equipment Delivery - Rack and Stack Equipment X Install SV8500 Server and OS - Program System X Integrate SV8500 to existing LANIWAN X X Install SV8500 Circuit Cards and cross connect X Install UCB servers and develop Contact Center Install Unified Messaging and set up end user mailboxes and auto attendants Install Metropolis Call Accounting software on customer- provided LAN connected workstation Test phones and consoles; Test trunks; Test CCIS X X Validate access to CCIS Network locations; validate Xaccesstovoicemail ; validate SMDR capture System Cut Over - place SV8500 into service X System Administrator Training X X Project Documentation Delivered X Project Acceptance Document Signed X X CITY OF SAN BERNARDINO- Statement of Work Page 7 of 17 19.b Packet Pg. 547 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Nexus IS>>Statement of Work 2.4 Documentation and Deliverables It is important to note that all documentation will be developed during the duration of the project. As a part of this SOW the below documentation will be provided. To customer from Nexus: Statement of Work As-Built Documentation Software CDs and System Technical Documentation CDs To Nexus IS from customer: 2.5 Knowledge Transfer It is intended that the customer will designate appropriate personnel who are familiar with the project details and who will continue to maintain the systems after cutover. The knowledge transfer session(s) provide the basic understanding of how your system(s) operate. Knowledge transfer DOES NOT provide expert and/or advanced functionality administration. Client should NOT expect to troubleshoot advanced situations and upgrade their system(s) without assistance from Nexus. Nexus will provide four (4) administrative knowledge transfer session, for up to four (4) hours each, to accommodate up to six (6) attendees. The four sessions will cover PBX System Administration; Contact Center System Administration; Voice Mail System Administration and Call Accounting System Administration. This session will be conducted on the day after completion of go live support. If a lot of supervised (over-the-shoulder) knowledge transfer occurs during implementation, the amount of time spent on administrative knowledge transfer may vary. Signed Statement of Work Signed In-Service Acknowledgement Form 2.6 Cutover and first day in Service This statement of work and associated proposal provides for on-site cut over and first day in service support. 2.7 Project Completion Acceptance Criteria for this project are as follows: Successful deployment of SV8500 server connected to existing LAN Successful implementation of the City Hall Telephones and Telco Services Successful integration to the Unified Messaging Platform Successful integration to the UCB Contact Center Successful testing of all trunks Successful testing of CCIS Features Successful capture of SMDR records from all systems on Metropolis Call Accounting Successful backup of the City Hall SV8500 system database CITY OF SAN BERNARDINO- Statement of Work Page 8 of 17 19.b Packet Pg. 548 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Nexus IS))Statement of Work Clean up and removal of old system components, delivered to a City of San Bernardino's representative As-Built Documentation and all system media delivered to City of San Bernardino's representative. In order to refuse acceptance of the services performed, CITY OF SAN BERNARDINO must provideNexuswithfulldetailsthatshowthatservicesdonotconformtotheSOW. Nexus shall address such non-conformance in a timely manner. Nexus shall compile an action plan to correct any deficiencies and the process for acceptance detailed herein shall be repeated until such time as all deficiencies have beenresolvedandtheservicesmeettherequirementsoftheSOW. Acceptance may not be withheld due todefectsinservicesthatdonotrepresentamaterialnon-conformance with the requirements of the SOW. At the conclusion of the project, CITY OF SAN BERNARDINO will have deployed a solution as describedthroughoutthevariousapplicablecontractualdocumentsindudingbutnotlimitedtothisStatementofWork. As acknowledgement that the system has been placed into commercial operation, CITY OF SANBERNARDINOwillsignan "In-service Acknowtedgemenf' form, which may list certain minor items that were not yet able to be deployed. These items (if any) will also have documented due dates for the expected completion date. Other items listed could include as-built documentation and or drawings asapplicablebasedonwhatwaspurchasedintheagreement. 2.8 Post cutover Support Options The proposal includes 1 year of software support from the manufacturer. Nexus recommends that eachClientconsidertheappropriatelevelofsupportfortheirimplementation. The Nexus Support ServicesNTAC) organizations are dedicated to providing several options that are designed to assist with yourcontinuedsuccessafterthisconsultingengagementhasended. Options for continued support can bediscussedwithyourAccountExecutiveandquotedatanytimebefore, during or after the engagement. CITY OF SAN BERNARDINO- Statement of Work Page 9 of 17 19.b Packet Pg. 549 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Nexus IS>>Statement of Work 3 Assumptions and Responsibilities The following assumptions were made to create this Statement of Work. Should any of these assumptions prove to be incorrect or incomplete then Nexus will request a change from THE CITY.. AnysuchmodificationsshallbemanagedbytheChangeManagementProceduredescribedinSection5. 3.1 General Assumptions Project duration will be heavily dependent on equipment delivery and client readiness levels. VPN access will be provided to Nexus resources (via WEBEX) to allow for work to be accomplished remotely when applicable. The quality of a VolP call depends on many factors, including network traffic, LANIWAN engineering (ie- setting up QoS across network, CODECS being used), and network carrierfacilities. Business voice quality can be achieved with proper engineering and carrier SLA's in place (when involving WAN), but is not 100% guaranteed. Nexus understands that THE CITY. is currently waiting on budget approval for planned network upgrades. Current network performance is unknown. In order for VOIP quality to sustain acceptable levels, please note that Nexus IS recommends customers maintain SLA's with their network service provider for WAN services. Nexus IS cannotbeheldresponsibleforvoicequalityissuesifthefollowingnetworkguidelinesarenotconsistentlymetbytheCUSTOMERandthenetworkand/or the network service provider: o Network delay - maximum 180ms one-way between endpoints; o Network Jitter - <20ms between endpoints; o Packet Loss - maximum 1 % between endpoints. o The network service provider should provide documentation of these parameters in order to verify that these guidelines are being met for WAN services. 3.2 Server Assumptions It is assumed that the SV8500 software will be deployed on all-new server equipment (server provided within this proposed scope). Customer will provide rack space and a UPS for the serveralongwithanEthernetswitchportandtwostaticIPaddressesfortheNECSV8500 (this server). Customer will provide Nexus resources with IP addresses and a Guest Administrative account during the duration of the project as well as VPN access for ongoing System Administration. 3.3 Customer Responsibilities Client will appoint and make available a single point of contact or project manager designated to work with Nexus for all aspects related to the completion of Services. Client agrees that the SP~C will have authority to act on behalf of Client. Client will provide access to staff resources (dedicated or part time). Client shall ensure that adequate access to workspace and resources (Le. Internet, telephone, etc.) is available at each facility where services will be provided by Nexus CITY OF SAN BERNARDINO- Statement of Work Page 10 of 17 19.b Packet Pg. 550 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Nexus IS>>Statement of Work Client will be responsible for all Network related configuration including VLANS. Customer will provide Nexus resources with IP addresses and a Guest Administrative account during the duration of the project as well as VPN access for ongoing System Administration. 3.4 Nexus Responsibilities Nexus will ensure that consultants assigned to this project are certified and knowledgeable intheproductsandtechnologiesoutlinedinthisSOW. Nexus will ensure that project issues are brought to the attention of the Client point of contact or project manager in a timely manner to ensure timely resolution with minimal Customer impact totheprojecttimeline. 3.5 Project Management Responsibilities Upon execution of this SOW by both parties and Nexus' receipt of the executed SOW, signed Schedule AandPurchaseAgreementfromthecustomer, Nexus will determine the optimal start date and cutover/delivery date based on discussions with the Nexus sales team, project coordination resource,Nexus technical resources, and the customer. All Proiect manaqement will be oerformed remotely. Status meetings/conference calls will typically bedrivenbytheNexusProjectManager. The Project Manager will organize and coordinate the following tasks including but not limited to: The procurement, staging and delivery of the equipment purchased The scheduling of Nexus resources The coordination of required customer resources and associated tasks The planning of installation activities utilizing the timeline established after the kick off meeting astheguide Act as the single point of contact for change control, escalation and acceptance activities for theimplementationteameffortsdefinedwithinthisSOW. 3.6 Project Kickoff The purpose of the project kickoff meeting is to transition the project from the design and purchaseprocesstotheimplementationphase. The agenda of the meeting will include the review of the contractterms, and key project task areas. The key stakeholders need to attend to agree on roles and responsibilities, establish joint planning, and define short-term deliverables for both Nexus and theCustomer. This is typically a remote meeting with the added attendance of the Nexus Advance SolutionsExecutive, Sales Engineer and Deployment Engineer(s) either live or remotely, as well as the customers'key stakeholders. At a minimum, the agenda will also include the following planning activities: Validate the Bill of Materials as itemized on the agreement Review various other specifics of this Statement of Work Develop & verify the contact and escalation list CITY OF SAN BERNARDINO- Statement of Work Page 11 of 17 19.b Packet Pg. 551 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Nexus IS>> Statement of Work Communication plan that defines the understanding as to how Nexus and the customer agreetocommunicateonallprojectrelatedinformationrangingfromnon-critical information to critical information. Change Management Plan. This is how Nexus and the customer will manage changes duringtheprojectlifecycle. It is common for changes to occur during a project for a multitude of reasons and it is vital that a plan is in place to document and execute changes on a written change order as they arise. If changes occur that have an impact on the initial timeline, the Project Manager will make changes to reflect any associated milestone impacts that mayariseasthedirectresultofthechange(s). Site test, acceptance process and criteria based on the scope of the project CITY OF SAN BERNARDINO- Statement of Work Page 12 of 17 19.b Packet Pg. 552 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Nexus IS>>Statement of Work 4 Project Team & Estimated Duration This section is an overview of the proposed project team, from a Nexus IS and client perspective, which isdeemednecessarytocompletetheproject. Nexus Project Manager Nexus Systems Engineer Nexus Systems Support Team (engaged as needed) CITY OF SAN BERNARDINO technical lead 4.1 Proposed Schedule The proposed start date provided in this statement of work is an estimate. The Project start date can beconfirmedonlyafterasignedcopyofthisagreement, along with a copy of a purchase order, aresubmittedtoNexus. Unless otherwise agreed upon by both parties, Nexus Professional Servicesgenerallyrequiretwo (2) weeks' lead time to start a project. Once confirmed, changes to the scheduling of a project phase will be subject to terms outlined in theCancellationPolicy' section. The consulting services included in this project are based on a continuous work effort with nointerruptionsinteamresourceallocation. A "day" is defined as eight (8) hours of work conducted between 8am and 5pm in the local time zone.The work schedule may be adjusted by mutual agreement to accommodate Client work hours or specialcircumstances. Nexus will present a Project Schedule as a first deliverable once the SOW and Purchase agreementshavebeensigned. CITY OF SAN BERNARDINO- Statement of Work Page 13 of 17 19.b Packet Pg. 553 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Nexus IS>>Statement of Work 5 Change Control It may become necessary to amend this SOW for reasons including, but not limited to, the following: CITY OF SAN BERNARDINO changes to the SOW and/or specifications for the services. CITY OF SAN BERNARDINO changes to the project plan. Unavailability of resources that are beyond either party's control. Environmental or architectural conditions not previously identified. In the event either party desires to change this SOW, the following procedures shall apply: The party requesting the change will deliver a Change Order Form to the other party. The Change Order Form will describe the nature of the change, the reason for the change, and theeffectthechangewillhaveontheStatementofwork, which may include changes to the deliverables and/or the schedule. A Change Order Form may be initiated either by the Customer or by Nexus for any changes totheSOW. The Project Coordinator of the requesting party will review the proposed change withhis/her counterpart. The parties will evaluate the Change Order Form and negotiate in good faiththechangestotheservicesandtheadditionalcharges, if any, required to implement the changeorder. If both parties agree to implement the change order, the appropriate authorized representatives of the parties will sign the change order, indicating the acceptance of the changesbytheparties. Upon execution of the Change Order Form, the Change Order Form will be incorporated into theSOW. Nexus is under no obligation to proceed with the Change Order Form until such time as the Change Order Form has been agreed upon by both parties. Payment terms for all change orders are due within net 30 days of receipt of invoice. CITY OF SAN BERNARDINO- Statement of Work Page 14 of 17 19.b Packet Pg. 554 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Nexus IS))Statement of Work 6 Pricing Client is responsible for issuing a purchase order for both the project cost as well as estimated expenseslistedbelow) no later than thirty (30) business days prior to the start of the engagement. Equipment Total Sales Tax 8.75% Warranty (1 year) Shipping and Handling Labor/Services Total Total Investment 229,850.20 20,686.52 11,492.51 4,598.00 129,433.49 396,060.72 CITY OF SAN BERNARDINO- Statement of Work Page 15 of 17 19.b Packet Pg. 555 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Nexus IS>>Statement of Work 7 Payment Terms and Conditions PAYMENT TERMS:Customer Initia!s 500/0 Due at signing 400/0 Due upon the receipt of Majority (+900/0) of materials 100/0 Due on Substantial Completion Project Completion Upon Nexus' completion of the professional services, Nexus shall notify City of San Bernardino of completion of a specific milestone or service performed by providing an In-Service AcknowledgementForm. City of San Bernardino has five (5) working days from the receipt of the In-Service Acknowledgement Form to schedule appropriate personnel to review the particular milestone or servicesperformedandsigntheIn-Service ACknOWledgement Form. Signing of the In-Service AcknowledgementForm, or City of San Bernardino's failure to respond to the form within the designated five (5) day period,signifies City of San Bernardino's acceptance of the milestone and that services have been performed asdescribedintheIn-Service Acknowledgement Form and in accordance with the SoW. In order to refuse acceptance of the services performed, City of San Bernardino must provide Nexus withfulldetailsthatshowthatservicesdonotconformtotheSoW. Nexus shall address such non- conformance in a timely manner. Nexus shall compile an action plan to correct any deficiencies and the process for acceptance detailed herein shall be repeated until such time as all deficiencies have beenresolvedandtheservicesmeettherequirementsoftheSoW. Acceptance may not be withheld due todefectsinservicesthatdonotrepresentamaterialnon-conformance with the requirements of the SoW. At the conclusion of this project, City of San Bernardino will have deployed a solution as describedthroughoutthevariousapplicablecontractualdocumentsincludingbutnotlimitedtothisScopeofWork. As acknowledgement that the system has been placed into commercial operation, City of San Bernardinowillsignan "In-service Acknowledgement" form, which may list certain minor items that were not yet abletobedeployed. These items (if any) will also have documented due dates for the expected completiondate. Other items listed could include as-built documentation and or drawings as applicable based onwhatwaspurchasedintheagreement. Nexus IS Inc. warrants that the services shall be provided by competent personnel in accordance withapplicableprofessionalstandards CITY OF SAN BERNARDINO- Statement of Work Page 16 of17 19.b Packet Pg. 556 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Nexus IS))Statement of Work Statement of Work Sign off City of San Bernardino Agreement of Terms Nexus Agreement of Terms I do hereby agree to the solution as set forth I do hereby agree to the solution as set forth within this Statement of Work. within this Statement of Work. Name: Name: Title: Title: Signature: Signature: Date: Date: APPROVED AS TO FORM: James F. Penman, City Attorney By: CITY OF SAN BERNARDINO- Statement of Work Page 17 of 17 19.b Packet Pg. 557 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) N E l;c!J ~?) System Line Item List for City ofSan Bernardino SCHEDULE A - ORDER SUMMARY - SV8500 System MDxx to SV8500 Migration reusing existing Digital interface cards. Chipkit upgrade for Digital cards included.LINE # PART # DESCRIPTION I 5 V 5 Y TE 1,477. I, 77.2 8510000 I SV8500 DVD 16.07 16.0738510005I85-106 S3 MAIN SYSTEM 1,445.85 1,445.8548510100ISV8500GENERICSOFTWAREL1CENS68.76 68.7658510401ISV8500CCISIFCCSNETWORKOPTIO2,054.71 2,054.716851080065SV8500IPENDPOINTLICENSE1,545.45 23.78785109998SV8500384PORTCAPACITYOPTIO11,566.80 1,445.85885200012SCF-CPOO-A 10,233.41 5,116.70985200042SNI753PWRMAC1,461.92 730.961085200051SCG-PCOO-A 908.48 908.48II8520006ISCG-MOO-A 375.92 375.921285200092SCG-GTOI-A 1,127.76 563.88138520010ISCG-IOOO-A 824.94 824.941485200117UNIVERGESV8500PIR9,794.83 1,399.261585200121UNIVERGESV8500TSWR4,072.48 4,072.481685200142UNIVERGESV8500FANU(V) 1,545.45 772.731785200163SNI749BASEUD-A 1,472.36 490.79188520022ISV8500L-SPARE FUSE A 137.20 137.201985200232UNIV +80 V MESSAGE POWER UNIT- 1,024.95 512.472085200252CF-2G-A PROGRAMMED 438.57 219.292185200271SCG-M02-A 465.89 465.892285220014SPH-SWI2 TSW-UA 7,306.36 1,826.5923852200214PH-PC36 5,244.90 374.642485220047PA-PW55-C 2,402.04 343.152585220057PA-PW54-C 3,200.47 457.212685220062PH-PWI4 387.49 193.742785220072SPH-GT09 1,096.28 548.142885220082SPA-8RSTAD-A 1,664.33 832.172985220121SPA-4DATBA-B 451.43 451.433085220232PH-CK20 PLO 1,187.52 593.763185220282SPH-PC20B-A 806.46 403.233285240032SPA-16COTBEB-A 3,378.79 1,689.403385240051SPA-DTIC-A 1,278.45 1,278.453485240082SPA-PRTC-B 5,022.56 2,511.283585240111SPA-32IPPADB 2,465.66 2,465.66368525008ISN716DESKCONSOLEPACKAGE947.19 947.193785280051DI5FEXALMCA-A 91.89 91.893885280065D15STCA-A 349.82 69.9639852801014MT24-D25 CA-A 950.24 67.8740852801114D37-025 CA-A 2,251.35 160.814185280122037EXCLKCA-A 313.27 156.634285280132037-SC50 CA-B 329.98 164.994385280142DI5ST-F CA-C 288.21 144.1044852801573PPWRCA-A 146.19 20.8845852801673PPWRCA-B 146.19 20.88468528017ISV4PORTCA-A 250.61 250.614785280193SV8500GCPOWERCABLEKIT - DC 120.49 40.16488528020I015STCA(S)-A 73.10 73.10498528400I2400RS-232C CA-I 40.81 40.815085302012SPA-16ELCN-C 4,488.56 2,244.285185351005CHIPKITSP-3125 (l6ELCH PROG- 963.90 192.785285351031CHIPKITSP-3935 (16ELCJB PROG 240.98 240.98538535250ICHIPKITSP-301O (24DTR PROG-A 38.56 38.565485352855CHIPKITSW-200 (24CCT PROG-A) 192.78 38.56558540091ISV8500REPLACINGMMGSYSTEM0.00 0.005685401001SV8500LICENSETRANSFER1,606.50 1,606.5057APPLICATIONSERVERITEMS 58 542216 2 EXPRESS5800 2UIWIN OS/SIL VER 7,966.01 3,983.0059APPS1ITEMS 60 225316 I UCB 5.0 CORE SW (USB) 54.40 54.40612252001200UC4BPERUSERLICENSE15,541.58 12.956222520IICTCONTROL-5 USER BASE 3,899.21 3,899.216322520215CTCONTROL-5 USER AO 16,363.99 1,090.9364225204IAGENTDESKTOP-5 USER BASE 2,746.54 2,746.546522520515AGENTDESKTOP-5 USER AO 16,363.99 1,090.9366225207ICUSTOMANNOUNCE-4 PORT BASE 5,070.01 5,070.01672252083CUSTOMANNOUNCE-4 PORT AO 5,082.10 1,694.0368225210ICALLBACK-PER SITE LICENSE 7,033.86 7,033.8669225236INECSOFTPORTSENABLED(FIRST 4 482.22 482.22702252379NECSFTPTSENABLED(PER AO 4 P 5,777.58 641.9571225239IDASHBOARD-5 USER BASE 962.28 962.2872225248ICONSOLE-I USER BASE 1,813.18 1,813.1873TERMINALITEMS 74 680010 26 DTL-8LD-I (BK) TEL 4,076.28 156.78757801351AC-2R 11.23 11.2376220500301IMNTUCB/QM I-YEAR CONTRACT 0.00 0.0077390000301IMNTSINGLEYEARCONTRACT0.00 0.0078ASSOCIATEMAINTENANCEITEMS lof2CopyofMQ356516-1-2 City of San Bernardino SV8500 migration reusing existing l\lisilallBuliB:~<EIlJJ'IidliI1Iiilll1hlii11ion 1/19/2011 19.b Packet Pg. 558 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) N El;,'~n~')) System Line Item List for City of San Bernardino SCHEDULE A - ORDER SUMMARY - SV8500 System MDxx to SV8500 Migration reusing existing Digital interface cards. Chipkit upgrade for Digital cards included. LINE # PART # QTY DESCRIPTION 79 220500081 809 MNT UCB/QM SW PREMIUM APSI 80 8510999081 96 MNT SV8500 SW PREMIUM APS 81 Miscellaneous Installation Hardware 82 IlEX-25PX50I 80DE( 86 25PX50-180 Amphenol Cables 83 AMP-558842-1 I AMP 100-Pair II0Connect Wiring Block 84 AMP-558402-1 450 AMP 110Connect 5-Pair Terminating Block 85 AMP-558843-1 7 AMP 300-Pair II0Connect Wiring Block 86 Metropolis Call Accountln!! Hardware & Software 87 OfficeWatch Enterprise Software (Needed for Mulit Site) 88 OWE2000 OfficeWatch Enterprise Software Up to 2000 Extensions 89 Chatsworth Equipment Racks 90 55053-503 Chatsworth 19" X 7' Standard Floor Equipment Rack 91 999999 Miscellaneous Material Per Rack 92 Miscellaneous Equipment 93 NEC-200208 32 SPA-16LCBJ-B 94 Cndm 95 9999999 NEC Software Discount 96 ffotal Unit Pre Order 11,649.60 14.40 6,220.80 64.80 3,508.80 14.40 291.60 200.76 40.80 14.40 0.65 28.68 11,021.25 11,021.25 111.61 60.00 111.61 60.00 16,896.00 528.00 15,152.19 0.00 Equipment Total Sales Tax 9% Warranty Shipping and Handling Labor/Services Total Total Investment 229,850.20 20,686.52 11 ,492.51 4,598.00 129.433.49 396,060.71 This price includes material, Installation labor, 9% sales tax, and a one year warranty. This quote is valid until Sunday, March 20, 2011 Authorized Customer Signature Payment Term I 50% / $198030.36 Payment Term2 40% / $158424.28 Payment Term3 10% / $39606.07 Payment Term4 0% / $0AuthorizedNexusISEntitySignature The Customer's signature acknowledges that the Customer has read and accepted the terms and conditions of the above referenced contract, the customer authorizes Nexus IS to obtain credit information prior to accepting this order. Copy ofMQ356516-1-2 City of San Bernardino SV8500 migration reusing existing liI_ll&jrliB:~~ 1iilllIbtii\0n 20f2 1119/2011 19.b Packet Pg. 559 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Exhibit C 1 2 NEW TELEPHONE EQUIPMENT PURCHASE MEMORANDUM OF UNDERSTANDING 3 THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this 24th day of 4 January, 2011, by and between the City of San Bernardino, a charter city (City) and San Bernardino Board of 5 Water Commissioners, by and through the City of San Bernardino Municipal Water Department. (Department), 6 sometimes jointly referred to herein as the "Parties". 7 Recitations: 8 WHEREAS, the City and the Department are discrete entities pursuant to the Charter of the City of San 9 Bernardino; and 10 WHEREAS, both Parties agree that the existing telephone system cannot offer the type of technology 11 necessary to effectively support the requirements of existing customers of the Department or the citizens of the 12 City; and, 13 WHEREAS, both Parties agree that a complete replacement of the telephone system at this time would 14 be very costly and would require installation of new cable; and 15 WHEREAS, both Parties seek to address the most immediate needs of the either Party and to address 16 the life span of the existing telephone system hardware; and 1 7 WHEREAS, it is acknowledged that a phased upgrade to the existing telephone system resulting in an 18 immediate improvement of the core telephone switch hardware and software in City Hall is more cost effective 1 9 in the near term; and 2 0 WHEREAS, this minimum upgrade would position the Parties to allow for the reuse of most of the 21 existing telephone hardware until such time a system overall can be implemented; and 22 WHEREAS, The Department has agreed to fully purchase the proposed telephone switch upgrade at a 23 total approximate cost of $400,000 and the City has agreed to pay the Department its share of ownership in the 24 upgrade $220,000 (55%); and 25 NOW THEREFORE, it is hereby agreed by the Parties as follows: 26 1. ACQUISITION. The Department shall fully purchase the proposed telephone switch upgrade at a total 27 cost of $400,000 from the Nexus Corporation before March 30, 2011. 28 2. TERMS: The City shall pay the Department $44,000 on or before January 30,2012 and hereinafter annually for a term of five years totaling $220,000 at the conclusion of the five year payment plan in January Page 1 of 2 19.b Packet Pg. 560 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 1 2017. Both Parties' respective share of ownership shall be established upon the immediate purchase of the 2 telephone upgrade by the Department. 3 3. FEATURES: The initial features include a schedule of work as attached in Exhibit A. The Department 4 shall pay for any additional functional features of the telephone system that they deem to use for their specific 5 needs. The purchase of additional telephone functions to the system upgrade does not change the percentage of 6 ownership of either party. 7 4. MAINTENANCE: Any maintenance costs that not covered by existing maintenance agreements shall be 8 paid for by both Parties based on their respective share of ownership. 9 5. LIABILITY: The City shall bear all costs and shall indemnify and hold harmless the Board and its agents 10 of any claim, action or liability arising from the creation of this document or performance of the requirements 11 hereof by the Parties. 12 This MOU is executed by and between the City and the Department for the provision of services defined 13 above. 14 15 16 17 18 CITY OF SAN BERNARDINO BOARD OF WATER COMMISSIONERS Date: Toni Callicott, President 19 20 21 Date:Robin L. Ohama, Deputy City Clerk & Ex-Officio Secretary CITY OF SAN BERNARDINO 22 Date: 23 Charles E. McNeely, City Manager 24 Approved as to Form:ATTEST: 25 26 James F. Penman, City Attorney Rachel Clark, City Clerk 27 28 Page 2 of 2 19.b Packet Pg. 561 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) N E l;,,~o~r~~ System Line Item List for City of San Bernardino SCHEDULE A - ORDER SUMMAR Y - SV8500 System MDxx to SV8500 Migration reusing existing Digital interface cards. Chipkit upgrade for Digital cards included. LINE # PART # DESCRIPTION I 5 V 5 TE ,77. I, 7. 2 8510000 I SV8500 DVD 16.07 16.07 3 8510005 I 85-106 S3 MAIN SYSTEM 1,445.85 1,445.85 4 8510100 I SV8500 GENERIC SOFTWARE LICENS 68.76 68.76 5 8510401 I SV8500 CCIS/FCCS NETWORK OPTIO 2,054.71 2,054.71 6 8510800 65 SV8500 IP ENDPOINT LICENSE 1,545.45 23.78 7 8510999 8 SV8500 384 PORT CAPACITY OPTIO 11,566.80 1,445.85 8 8520001 2 SCF-CPOO-A 10,233.41 5,116.70 9 8520004 2 SNI753 PWRMAC 1,461.92 730.96 10 8520005 I SCG-PCOO-A 908.48 908.48 II 8520006 I SCG-MOO-A 375.92 375.92 12 8520009 2 SCG-GTOI-A 1,127.76 563.88 13 8520010 I SCG-IOOO-A 824.94 824.94 14 85200 II 7 UNIVERGE SV8500 PIR 9,794.83 1,399.26 15 8520012 I UNIVERGE SV8500 TSWR 4,072.48 4,072.48 16 8520014 2 UNIVERGE SV8500 FANU(V) 1,545.45 772.73 17 8520016 3 SNI749 BASEUD-A 1,472.36 490.79 18 8520022 I SV8500 I.-SPARE FUSE A 137.20 137.20 19 8520023 2 UNIV +80 V MESSAGE POWER UNIT- 1,024.95 512.47 20 8520025 2 CF-2G-A PROGRAMMED 438.57 219.29 21 8520027 I SCG-M02-A 465.89 465.89 22 8522001 4 SPH-SWI2 TSW-UA 7,306.36 1,826.59 23 8522002 14 PH-PC36 5,244.90 374.64 24 8522004 7 PA-PW55-C 2,402.04 343.15 25 8522005 7 PA-PW54-C 3,200.47 457.21 26 8522006 2 PH-PWI4 387.49 193.74 27 8522007 2 SPH-GT09 1,096.28 548.14 28 8522008 2 SPA-8RSTAD-A 1,664.33 832.17 29 8522012 I SPA-4DATBA-B 451.43 451.43 30 8522023 2 PH-CK20 PLO 1,187.52 593.76 31 8522028 2 SPH-PC20B-A 806.46 403.23 32 8524003 2 SPA-16COTBEB-A 3,378.79 1,689.40 33 8524005 I SPA-DTIC-A 1,278.45 1,278.45 34 8524008 2 SPA-PRTC-B 5,022.56 2,511.28 35 85240 II I SPA-32IPPADB 2,465.66 2,465.66 36 8525008 I SN716 DESK CONSOLE PACKAGE 947.19 947.19 37 8528005 I 0I5F EXALM CA-A 91.89 91.89 38 8528006 5 015 ST CA-A 349.82 69.96 39 8528010 14 MT24-D25 CA-A 950.24 67.87 40 8528011 14 037-025 CA-A 2,251.35 160.81 41 8528012 2 D37 EXCLK CA-A 313.27 156.63 42 8528013 2 037-SC50 CA-B 329.98 164.99 43 8528014 2 015 ST-F CA-C 288.21 144.10 44 8528015 7 3P PWR CA-A 146.19 20.88 45 8528016 7 3P PWR CA-B 146.19 20.88 46 8528017 I SV 4PORT CA-A 250.61 250.61 47 8528019 3 SV8500 GC POWER CABLE KIT - DC 120.49 40.16 48 8528020 I 015 ST CA(S)-A 73.10 73.10 49 8528400 I 2400 RS-232C CA-I 40.81 40.81 50 8530201 2 SPA-16ELCN-C 4,488.56 2,244.28 51 8535100 5 CHIP KIT SP-3125 (l6ELCH PROG- 963.90 192.78 52 8535103 1 CHIP KIT SP-3935 (16ELCJB PROG 240.98 240.98 53 8535250 I CHIP KIT SP-301O (24DTR PROG-A 38.56 38.56 54 8535285 5 CHIP KIT SW-2OO (24CCT PROG-A) 192.78 38.56 55 8540091 I SV8500 REPLACING MMG SYSTEM 0.00 0.00 56 8540100 I SV8500 LICENSE TRANSFER 1,606.50 1,606.5057APPLICATIONSERVERITEMS 58 542216 2 EXPRESS5800 2U/WIN OS/SILVER 7,966.01 3,983.0059APPSIITEMS 60 225316 I UCB 5.0 CORE SW (USB) 54.40 54.40 61 225200 1200 UC4B PER USER LICENSE 15,541.58 12.95 62 225201 1 CT CONTROL-5 USER BASE 3,899.21 3,899.21 63 225202 15 CT CONTROL-5 USER AO 16,363.99 1,090.93 64 225204 I AGENT DESKTOP-5 USER BASE 2,746.54 2,746.54 65 225205 15 AGENT DESKTOP-5 USER AO 16,363.99 1,090.93 66 225207 I CUSTOM ANNOUNCE-4 PORT BASE 5,070.01 5,070.0 I 67 225208 3 CUSTOM ANNOUNCE-4 PORT AO 5,082.10 1,694.03 68 225210 I CALLBACK-PER SITE LICENSE 7,033.86 7,033.86 69 225236 I NEC SOFT PORTS ENABLED(FIRST 4 482.22 482.22 70 225237 9 NEC SFT PTS ENABLED(PER AO 4 P 5,777.58 641.95 71 225239 I DASHBOARD-5 USER BASE 962.28 962.28 72 225248 1 CONSOLE-I USER BASE 1,813.18 1,813.1873TERMINALITEMS 74 680010 26 DTL-8LD-1 (BK) TEL 4,076.28 156.78 75 780135 I AC-2R 11.23 11.23 76 220500301 I MNTUCB/QM I-YEAR CONTRACT 0.00 0.00 77 390000301 I MNT SINGLE YEAR CONTRACT 0.00 0.0078ASSOCIATEMAINTENANCEITEMS of2CopyofMQ356516-1-2 City of San Bernardino SV8500 migration reusing existing lilipaI1BlldlK:~<PI!Jj>Iidi!j llilIl8tliiIion '11 Exhibit Ai. 19.b Packet Pg. 562 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) N E';,~!~,>)System Line Item List for City of San Bernardino SCHEDULE A - ORDER SUMMARY -SV8500System MDxx to SV8500 Migration reusing existing Digital interface cards. Chipkit upgrade for Digital cards included. LINE # PART # QTY DESCRIPTION 79 220500081 809 MNT UCB/QM SW PREMIUM APSI 80 8510999081 96 MNT SV8500 SW PREMIUM APS 81 Miscellaneous Installation Hardware 82 \/EX-25PX50180DEC 86 25PX50-180 Amphenol Cables 83 AMP-558842-1 I AMP 100-Pair 1I0Connect Wiring Block 84 AMP-558402-1 450 AMP llOConnect 5-Pair Terminating Block 85 AMP-558843-1 7 AMP 300-Pair II OConnect Wiring Block 86 Metrooolis Call Accountin!! Hardware & Software 87 OfficeWatch Enterorise Software (Needed for Mulit Site) 88 OWE2000 OfficeWatch Enterprise Software Up to 2000 Extensions 89 Chatsworth Equioment Racks 90 55053-503 Chatsworth 19" X 7' Standard Floor Equipment Rack 91 999999 Miscellaneous Material Per Rack 92 Miscellaneous Equloment 93 NEC-200208 32 SPA-16LCBJ-B 94 Credm 95 9999999 NEC Software Discount 96 Total Unit Pre Order 11,649.60 14.40 6,220.80 64.80 3,508.80 14.40 291.60 200.76 40.80 14.40 0.65 28.68 11,021.25 11,021.25 111.61 60.00 111.61 60.00 16,896.00 528.00 15,152.19 0.00 Equipment Total Sales Tax 9% Warranty Shipping and Handling Labor/Services Total Total Investment 229,850.20 20,686.52 11,492.51 4,598.00 129,433.49 396,060.71 This price includes material, installation labor, 9% sales tax, and a one year warranty. This quote is valid until Sunday, March 20, 2011 Authorized Customer Signature Payment Term I 50% / $198030.36 Payment Term2 40% / $158424.28 Payment Term3 10% / $39606.07 Payment Term4 0% / $0AuthorizedNexusISEntitySignature The Customer's signature acknowledges that the Customer has read and accepted the terms and conditions of the above referenced contract, the customer authorizes Nexus IS to obtain credit information prior to accepting this order. Copy of MQ356516-1-2 City of San Bernardino SV8500 migration reusing existing ll1i3ilall!llrliK:~<Eft>JlIittiIj llilll8rilItion 20f2 1/19/2011 19.b Packet Pg. 563 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 a f!~!:L\'f!:,~:.~,,~~::;'tems STANDARD SOFTWARE LICENSE SUBSCRIPTION AND SERVICES AGREEMENT January 12, 2011 This Standard Software License Subscription and Services Agreement which includes the attached Exhibits ("this Agreement") is between New World Systems@ Corporation ("New World"), a Michigan Corporation and City of San Bernardino, California ("Customer"). This Agreement sets forth the terms and conditions under which New World will furnish the Licensed Products and will provide certain services described herein to Customer. The attached Exhibits include: Exhibit AAI................... AEGIS TOTAL COST SUMMARY AND PAYMENT SCHEDULE Exhibit AA2................... LOGOS TOTAL COST SUMMARY AND PAYMENT SCHEDULE Exhibit AI..................... AEGIS LICENSED STANDARD SOFTWARE AND FEES Exhibit A2 ..................... LOGOS LICENSED STANDARD SOFTWARE AND FEES Exhibit BI...................... AEGIS IMPLEMENTATION AND TRAINING SUPPORT SERVICES Exhibit B2...................... LOGOS IMPLEMENTATION AND TRAINING SUPPORT SERVICES Exhibit CI..................... AEGIS STANDARD SOFTWARE MAINTENANCE AGREEMENT Exhibit C2 ..................... LOGOS STANDARD SOFTWARE MAINTENANCE AGREEMENT Exhibit D ....................... NON-DISCLOSURE AND SECURITY AGREEMENT FOR THIRD PARTIES Exhibit E........................ DEMONSTRATION SITE DISCOUNT Exhibit F ........................ LOGOS DATA FILE CONVERSION ASSISTANCE Exhibit GI..................... AEGIS CUSTOMER REQUESTED STANDARD SOFTWARE ENHANCEMENTS / MODIFICATIONS AND / OR CUSTOM SOFTWARE Exhibit G2 ..................... LOGOS CUSTOMER REQUESTED ST ANDARD SOFTWARE ENHANCEMENTS / MODIFICATIONS AND / OR CUSTOM SOFTWARE Appendix 1 .................... AEGIS AGREEMENT AND AUTHORIZATION FOR PROCUREMENT OF THIRD PARTY PRODUCTS AND SERVICES By signing below, each of us agrees to the terms and conditions of this Agreement together with the attached Exhibits. This Agreement contains the complete and exclusive statement of the agreement between us relating to the matters referenced herein and replaces any prior oral or written representations or communications between us. Each individual signing below represents that (s)he has the requisite authoritytoexecutethisAgreementonbehalfoftheorganizationforwhich (s)he represents and that all the necessaryformalitieshavebeenmet. If the individual is not so authorized then (s)he assumes personal liability for compliance under this Agreement. ACKNOWLEDGED AND AGREED TO BY: Date:0/-27-/ / By:By: By: Title 12"1/1:~ . ;;' L-/J l/1.I"\......,. James F. Penman, City Attorney Date: The "Effective Date" of this Agreement is the latter of the two dates in the above signature block. Corporate: 888 West Big Beaver Road. Suite 600. Troy. Michigan 48084-4749.248-269-1000. www.newworldsystems.com Aweement 011211 AeJ{is and LOJ{os FlNAL.docx 19.b Packet Pg. 564 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 I. DEFINITIONS The following terms as defined below are used throughout this Agreement: 1. "Authorized Copies": Except as provided in Section II, subparagraph 1.3, the only authorized copies of the Licensed Software and Licensed Documentation are the copies of each application software package defined in this Paragraph. They are: i) the single copy of the Licensed Software and the related Licensed Documentation delivered by New World under this Agreement; and ii) any additional copies made by Customer as authorized in Section II, subparagraph 1.2. 2. "An Authorized UserlWorkstation": Subject to the number of users specified in Exhibits Al and A2, any PC workstation that is connected to access the Licensed Software resident on Computer and that may be logged on to access the programs, interfaces, data, or files created and/or maintained by the Licensed Software. 3. "Computer": The MSP and .NET Server(s) to be located at: City of San Bernardino 710 North "D" Street San Bernardino, CA 92401 Customer shall identify in writing the serial number of the Computer within ten (10) days of receipt of the Computer or within ten 10) days of the Effective Date, whichever is later. If the Computer is to be relocated, Customer shall notify New World of the new location in writing prior to the relocation. 4. "Confidential Information": Information disclosed or obtained by one party in connection with, and during the term of, this Agreement and designated as Confidential" by the party claiming confidentiality at the time of disclosure. Confidential Information does not include anyinformationwhichwaspreviouslyknowntotheotherpartywithoutobligationofconfidenceorwithoutbreachofthisAgreement, is publicly disclosed either prior or subsequent to the other party's receipt of such information, or is rightfully received by the other partyfromathirdpartywithoutobligationofconfidence. 5. "Customer Liaison": A Customer employee assigned to act as liaison between Customer and New World for the duration of this Agreement. Within ten 10) days of the Effective Date, Customer shall notify New World of the name of the Customer Liaison. 6. "Delivery ofLicensed Standard Software": Licensed Standard Software will be delivered in a machine readable form to Customer via an agreed upon network connection, or on appropriate media if requested, as soon as the software is available after the Effective Date. 7. "Development Software": Standard application software currently under development by New World which, if applicable, will be completed and delivered to Customer as Licensed Standard Software when available. 8. "Hourly Rate": As described in this Agreement, New World shall provide services to Customer at the rate of $1701l10ur. The hourly rate is protectedfor12monthsaftertheEffectiveDate, at which time the hourly rate shall be the then-current New World hourly rate. 9. "Installation ofLicensed Standard Software": Installation of the Licensed Standard Software shall be deemed to occur, for all billings or other events described herein, upon the earlier of: a) the transfer or loading of the Licensed Standard Software onto a Customer server or computer, or b) thirty (30) days after delivery of the Licensed Standard Software. 10. "Licensed Custom Software": Any software (programs or portions of programs) developed by New World specifically for Customer's own use. II. "Licensed Documentation ": New World User Manuals which includes the current specifications for the Licensed Standard Software and other written instructions relating to the Licensed Software (such as Product Bulletins, installation instructions, and training materials). 12. "Licensed Products": The Licensed Software, the related Licensed Documentation, and the Authorized Copies of the foregoing.13. "Licensed Software": The Licensed Standard Software, Development Software, Upgrades, and Licensed Custom Software provided under this Agreement.14. "Licensed Standard Software": The current version of New World standard and development application software package(s) (in machine readable code) listed in Exhibits Al and A2. 15. "SSMA": The New World Standard Software Maintenance Agreement as set forth in Exhibits CI and C2. 16. "Subscription Period": The period of time between the Effective Date and the expiration date of Customer's subscription as described in Exhibits AAI and AA2. 17. "Travel Expenses": All actual and reasonable travel expenses incurred by New World for trips relating to this project, including airfare, rental car, lodging, mileage, and daily per diem expenses. 18. "Travel Time": Actual New World employee travel time billed at the Hourly Rate up to, but not exceeding, four (4) hours per each trip relating to this project. 19. "Upgrades": Any enhanced and/or improved versions of the Licensed Standard Software provided as Licensed Standard Software under Exhibits C I and C2 of this Agreement and released after the execution of this Agreement. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 2 of 42 City of San Bernardino, CA 19.b Packet Pg. 565 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 II. GENERAL TERMS AND CONDITIONS 1.0 SINGLE USE LICENSE 1.1 New World grants Customer a nontransferable, nonexclusive, and non-assignable license to use the Licensed Software during the Subscription Period on the Computer and only for its internal processing needs. During the Subscription Period, Customer shall have the right and license to use, enhance, or modify the Licensed Software only for Customer's own use and only on the Computer and only on an authorized workstation. New World will deliver to Customer one copy of each application of the Licensed Software (in machine readable form compatible with the specified operating environment) and one copy of the related Licensed Documentation. 1.2 In order to assist Customer in the event of an emergency, Customer is permitted to make up to two 2) back-up copies on magnetic media of each application of the Licensed Software and one back-up copy of the related Licensed Documentation. These Authorized Copies may be stored as defined above so long as they are kept in a location secure from unauthorized use. Customer or anyone obtaining access through Customer shall not copy, distribute, disseminate, or otherwise disclose to any third party the Licensed Products or copies thereof in whole or in part, in any form or media. This restriction on making and distributing the Licensed Products or copies of any Licensed Product, includes without limitation, copies of the following: i) Program libraries, either source or object code; ii) Operating control language; iii) Test data, sample files, or file layouts; iv) Program listings; and v) Licensed Documentation. 1.3 Upon written request by Customer, and with written perrmSSlOn by New World, additional Authorized Copies may be made for Customer's internal use only. 2.0 OWNERSHIP 2.1 The Licensed Products and all copyright, trade secrets and other proprietary rights, title and interest therein, remain the sole property of New World or its licensors, and Customer shall obtain no right, title or interest in the Licensed Products by virtue of this Agreement other than the nonexclusive, nontransferable, non-assignable license to use the Licensed Products during the Subscription Period as restricted herein. 2.2 The license to use any Licensed Custom Software provided under this Agreement, if any, is included in this license. New World shall have the right to use any data processing ideas, techniques, concepts, and/or know-how acquired by it in the performance of services under this Agreement including the development of Licensed Custom Software for the advancement of its own technical expertise and the performance of other Software License and Service Agreements or any other applicable agreements. New World shall have, without restriction, the right to use all programs, procedures, information, and techniques that are publicly available, obtained or obtainable from third parties and/or developed independently by New World without specific reference to Customer's organization. 3.0 CORRECTION AND SOFTWARE MAINTENANCE ON STANDARD SOFTWARE 3.1 New World provides software correction service and maintenance for the Licensed Standard Software during the term of Customer's SSMA. See Exhibits Cl and C2 for a description of the SSMA start date and term, the services available and the applicable fees and procedures. 4.0 WARRANTIES 4.1 New World warrants, for Customer's benefit only, that during the Subscription Period, the Licensed Standard Software will perform as specified in its user manuals based on the then-current release of the Licensed Standard Software. 4.2 New World warrants, for Customer's benefit only, that during the Subscription Period, it possesses the necessary intellectual rights to license to Customer the Licensed Standard Software provided hereunder. The foregoing warranties do not apply if the Licensed Product(s) have been modified by any party other than New World. New World does not warrant that the features or functions of the Licensed Software will meet CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 3 of 42 City of San Bernardino, CA 19.b Packet Pg. 566 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Customer's requirements or in any combination or use Customer selects. EXCEPT AS SPECIFICALLY PROVIDED IN THIS PARAGRAPH 4.0, AND ITS SUBSECTIONS, NEW WORLD EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE LICENSED PRODUCTS, INCLUDING BUT NOT LIMITED TO, THE LICENSED PRODUCTS' CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. 5.0 INSTALLATION AND TRAINING SUPPORT SERVICES 5.1 As provided for in Exhibits B1 or B2 and concurrent with timely payments, New World shall make available to Customer qualified representative(s) who will provide installation and training support services for each application of the Licensed Software delivered. See Exhibits Bland B2 for a description of the services provided and the applicable fees and procedures. 6.0 CUSTOMER LIAISON AND CUSTOMER RESPONSIBILITIES The successful implementation of the Licensed Products into Customer's environment requires Customer's commitment to and cooperation in the implementation process. Accordingly, Customer hereby agrees to the following: 6.1 Customer understands that the Licensed Software is designed to run in a specified operatingenvironmentwhichincludeshardware, software and related equipment not provided by New World. Customer is responsible for assuring that the appropriate hardware equipment, related componentsandallcablingareinstalledtimelyandaresuitableforthesuccessfulinstallationoftheLicensed Software. 6.2 Customer agrees to provide the management interface and support necessary to successfully completetheimplementationoftheLicensedSoftware. This support includes upper level management priority setting and timely involvement during and after a change in Customer's organization, Customer's operations and/or after changes in Customer's internal policies or procedures which directly affect the software implementation. 6.3 Customer shall assign an upper level employee to serve as the Customer Liaison for the duration of the Licensed Software implementation. If Customer must replace the Customer Liaison for reasons beyond its control, Customer will assign a new Customer Liaison as soon as reasonably possible. New World is not responsible for any delay caused directly or indirectly by the reassignment of the Customer Liaison. In addition to other duties and responsibilities, the Customer Liaison shall: i) provide timely answers to New World's requests for information; ii) coordinate a mutually agreeable implementation and training schedule; iii) have authority to sign for and obligate Customer to any matters relating to service requests, design documents, performance test documents and/or delivery and service dates; iv) in situations where Customer participation is required, provide timely input for systemsdefinition, detail design, and use of the software system. 6.4 Customer is responsible for creating and maintaining its master files, tables and the like which includes accurate data entry, accurate file editing and overall file control to assure successful systems performance. 6.5 Customer shall provide qualified personnel with sufficient backup to be trained to use the Licensed Software and to interpret the output. Applying the output information in Customer's environment is Customer's sole responsibility. 7.0 BILLING AND ADDITIONAL AUTHORIZED WORKSTATION CHARGES 7.1 The attached Exhibits set forth the manner in which fees and payments shall be allocated and made under this Agreement. To the extent Customer imposes additional requirements on New World for services other than those expressly provided in this Agreement, New World retains the right to make additional price adjustments and/or any other adjustments that may be necessitated. Before performingtheseadditionalservices, New World will notify Customer that the services are subject to additional charge(s). 7.2 If Customer wishes to add additional authorized workstations or Licensed Standard Software, Customer agrees to pay the additional License fees at the then current software prices in effect. No cancellation of Exhibits Al or A2 software modules and related fees will be allowed during the service period. SSMA fees shall be increased according to the additional Licensed Standard Software fees on the next annual billing date after the additional workstations and/or Licensed Standard software is CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 4 of 42 City of San Bernardino, CA 19.b Packet Pg. 567 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 added, or as specified in the future contract. With said payments, the license provided in Section II, Paragraph 1.0 pennits Customer's use of the Licensed Software for the specified workstations. 7.3 Customer shall notify New World if additional authorized workstations need to be added to access the Licensed Software and will pay the additional authorized workstation fees promptly when invoiced. 7.4 Any taxes or fees imposed from the course of this Agreement are the responsibility of the Customer and Customer agrees to remit when imposed. If an exemption is claimed by the Customer, an exemption certificate must be submitted to New World. 8.0 NON-RECRUITMENT OF PERSONNEL 8.1 During, and for a period of twenty-four (24) months after the expiration of, the Standard Software Maintenance Agreement and/or any renewal maintenance agreement, each party agrees not to solicit or hire current or former employees of the other without the other's prior written consent. 9.0 CONFIDENTIAL INFORMATION / NON-DISCLOSURE AGREEMENT 9.1 Subject to the requirements of the Freedom of Information Act (FOIA) and/or other comparable applicable state law, each party shall hold all Confidential Information in trust and confidence for the party claiming confidentiality and not use such Confidential Information absent express written consent by the party claiming confidentiality. The other party agrees not to disclose any such Confidential Information, by publication or otherwise, to any other person or organization. Customer agrees to timely notify New World of any request( s) made for disclosure of confidential information. 9.2 Customer hereby acknowledges and agrees that all Licensed Products are Confidential Information and proprietary to New World. In addition to the other restrictions set forth elsewhere in this Agreement or otherwise agreed to in writing, Customer agrees to implement all reasonable measures to safeguard New World's proprietary rights in the Licensed Products, including without limitation the following measures: i) Customer shall only pennit access to the Licensed Products to those employees who require access and only to the extent necessary to perform Customer's internal processing needs. ii) With respect to agents or third parties, Customer shall pennit access to the Licensed Products only after New World has received, approved and returned a fully executed Non- Disclosure Agreement to Customer (see Exhibit D). New World reserves the right to reasonably refuse access to a third party after it has evaluated the request. Customer agrees to provide information reasonably requested by New World to assist New World in evaluating Customer's request to pennit third party access to the Licensed Products. In addition to any other remedies, New World may recover from Customer all damages and legal fees incurred in the enforcement of this provision on third party access; iii) Customer shall cooperate with New World in the enforcement of the conditions set forth in the attached Non-Disclosure Agreement or any other reasonable restrictions New World may specify in writing in order to pennit access; iv) Customer shall not pennit removal of copyright or confidentiality labels or notifications from its proprietary materials; and v) Customer shall not attempt to disassemble, decompile or reverse engineer the Licensed Software. 9.3 Customer agrees that in addition to any other remedies that may be available at law, equity or otherwise, New World shall be entitled to seek and obtain a temporary restraining order, injunctive relief, or other equitable relief against the continuance of a breach or threatened breach of this paragraph 9.0 on Confidentiality and Non-Disclosure without the requirement of posting a bond or proof of injury as a condition for the relief sought. fO.O LIMITATION OF LIABILITY AND RECOVERABLE DAMAGES New World's entire liability and Customer's exclusive remedies are set forth below: 10.1 For any claim relating to the non-conformance or imperfection of any licensed software providedunderthisAgreement, New World will correct the defect so that it conforms to the warranties set forth in Section II, subparagraph 4.1; or if after repeated attempts to correct the non-confonnity, New World is unable to correct the non-confonnity, then Customer may recover its actual damages subject to the limits set forth in subparagraph 10.2 below. For any other claim arising under or in connection CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 5 of 42 City of San Bernardino, CA 19.b Packet Pg. 568 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 with this Agreement, Customer may recover its actual damages subject to the limits set forth in subparagraph 10.2 below. 10.2 New World's total liability to Customer for all claims relating to the Licensed Products and this Agreement, including any action based upon contract, tort, strict liability, or other legal theory, shall be limited to Customer's actual damages and in no event shall New World's liability exceed the total annual subscription fees paid to New World for the Subscription Period. 10.3 New World shall not be liable for any special, indirect, incidental, punitive, exemplary, or consequential damages, including loss of profits or costs of cover, arising from or related to a breach of this Agreement or any order or the operation or use of the Licensed Products including such damages,without limitation, as damages arising from loss of data or programming, loss of revenue or profits, failure to realize savings or other benefits, damage to equipment, and claims against Customer by anythirdperson, even if New World has been advised of the possibility of such damages. New World's liability for any form of action shall only apply after any and all appropriate insurance coverage has been exhausted. 10.4 If it is determined that a limitation of liability or a remedy contained herein fails of its essential purpose, then the parties agree that the exclusion of incidental, consequential, special, indirect, punitive, and/or exemplary damages is still effective. 11.0 INTEGRATION WITH U.S. COPYRIGHT ACT 11.1 In addition to all other provisions provided under this Agreement, Customer agrees to be bound byandtocomplywithanyandallprovisionsoftheU.S. Copyright Act (The Copyright Act of 1976, U.s.e. Sections 101-810 (1976) as amended). If a provision of the U.S. Copyright Act and this Agreement conflict, the more restrictive of the two applies. If it cannot be determined which is the more restrictive, then the provision within this Agreement shall apply. 12.0 INDEPENDENT CONTRA CTOR 12.1 New World is an independent contractor. The personnel of one party shall not in any way be considered agents or employees of the other. To the extent provided for by law, each party shall be responsible for the acts of its own employees. 12.2 Each party shall be responsible for Workers' Compensation coverage for its own personnel. 12.3 New World shall perform work tasks provided by this Agreement, but for all intents and purposes New World shall be an independent contractor and not an agent or employee of the Customer. New World shall secure, at its expense, and be responsible for any and all payment ofIncome Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payrolldeductionsforNewWorldanditsofficers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 13.0 INSURANCE REQUIREMENTS New World shall not commence work under this Agreement until it has obtained the insurance requiredunderthisparagraph. 13.1 Workers' Compensation Insurance: New World shall procure and maintain during the term of this Agreement, Workers' Compensation Insurance for all of its employees who engage in the work to be performed. 13.2 Liability and Property Insurance - Comprehensive Form: New World shall procure and maintain during the term of this Agreement, Liability and Property Damage Insurance in an amount not less than $1,000,000 on account for each accident; and in an amount not less than $1,000,000 for each accident for damage to property. 13.3 Automobile Liability Insurance: New World shall procure and maintain during the term of this Agreement, Hired and Non-Ownership Motor Vehicle Bodily Injury and Property Damage Insurance in an amount not less than $1,000,000 for injuries, including accidental death, to each person; and, subject to the same limit for each person, in an amount not less than $1,000,000 for each accident; and in an amount not less than $1,000,000 on account for each accident for damage to property, providedhoweverthatthecombinedsinglelimitforallautomotiverelatedclaimsshallnotexceed $1,000,000. 13.4 Customer, its officers, agents and employees shall be named as additional insured parties on all insurance policies required to be purchased by New World. 13.5 Certificates of insurance for all policies required hereunder shall require the insurer to give Customer at least thirty (30) days written notice of any change in or termination of coverage. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 6 of 42 City of San Bernardino, CA 19.b Packet Pg. 569 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 14.0 DISPUTE RESOLUTION PROCEDURE 14.1 Except as provided in Section 15.2 of these Terms and Conditions (Customer failure to make prompt payment), any dispute or controversy arising out of or relating to this Agreement, or breach thereof, shall be settled by the following procedure. Levell: Before entering into Level 2 or Level 3 of this Dispute Resolution Procedure (DRP), New World and Customer shall enter into a series of management meetings for the purpose of resolving the dispute or controversy through normal business management practices. The series of meetings, consisting of not less than three face-to-face meetings, must be held between upper-level managers of both Customer and New World. Both parties agree to put forth their best efforts in these meetings. The first meeting shall be held at Customer's offices and subsequent meetings will alternate between New World and Customer's offices. The Level 1 period shall begin when one party gives notice to the other by certified mail that it is entering into this Level 1 procedure to resolve the dispute. Level 2: Only after the parties have completed Level 1 of the DRP without resolving the dispute or controversy and before entering into Level 3 of the DRP, Customer and New World shall enter into a mediation process. Each party shall bear its own costs in preparing for and conducting mediation, except that the joint costs, if any, of the actual mediation proceeding shall be shared equally by the parties. The mediation process is defmed as follows: The parties shall select a mutually agreeable mediator to aid the parties in resolving the dispute or controversy. The mediator shall not be an employee or former employee of either party. The mediation shall be held at a location chosen by New World, but within seventy-five (75) miles of Customer's location. Level 3: Only after the completion of both Levels 1 and 2 above without a satisfactory resolution of the dispute or controversy, either party may bring suit in the United States District Court for the Central District of California, Eastern Division, so long as subject matter jurisdiction is met. In the event subject matter jurisdiction is not met, either party may bring suit in the California Superior Court for San Bernardino, CA. Each party shall bear the cost of their own legal expenses if Level 3 is used. 15.0 TERMINATION 15.1 Bv Customer: Customer may at its option terminate this Agreement on an anniversary date as follows: i) Customer shall provide written notice to New World at least one hundred eighty (180) days prior to the next anniversary date; ii) Upon providing notice under this Section, Customer shall remit a termination fee to New World, which Customer agrees is reasonable and in proportion to the damage suffered to New World as a result of Customer's termination of this Agreement prior to the end of the Subscription Period. Based on the date in the notice, the Termination Fee will be based on the number of months since the Effective Date as follows: Termination Notice Month Since Effective Date Customer's Termination Fee First 60 months 2,000,000 1,700,000 1,500,000 1,300,000 1,000,000 600,000 Months 61 - 72 Months 73 - 84 Months 85 - 96 Months 97 - 108 Months 109 - 120 CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 7 of 42 City of San Bernardino, CA 19.b Packet Pg. 570 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 iii) So long as Customer satisfies the requirements of this section, including payment of the Termination Fee, the Agreement shall terminate upon the next anniversary date after the required notice. 15.2 Bv New World: If Customer fails to make prompt payments to New World when invoiced, then New World may at its option terminate this Agreement with written notice as follows: i) The termination notice shall specify the payments past due; ii) Customer shall have thirty (30) days from receipt of said notice to make payment in full for all outstanding invoiced payments due: iii) If Customer fails to remit payment in full within thirty (30) days from written notice, then New World may declare Customer in default and assess a termination fee based on the schedule in 15.1 above. The date on the subscription invoice shall be used as the termination notice date to use in finding the month when termination occurred; iv) Customer agrees that said termination fee is reasonable and in proportion to the damage suffered to New World as a result of Customer's failure to pay the past due amounts; v) Notwithstanding any other provision in this Agreement any collection process relating to the termination fee shall be governed by the laws of the State of Michigan and venued in the courts of Oakland County, Michigan. 15.3 Bv Expiration of Subscription Period: Unless extended by mutual agreement of the parties, this Agreement shall terminate upon the end of the Subscription Period. 15.4 Upon termination under this Paragraph 15, Customer shall return to New World all Licensed Products, including any copies provided to or created by Customer under this Agreement. 15.5 Nothing in this paragraph on termination is intended to infer that either party has or does not have a claim for damages. 15.6 The Terms and Conditions relating to ownership, warranties, non-recruitment of personnel, confidentiality and non-disclosure, limitation of liability and recoverable damages, Copyright Act, dispute resolution and the General provisions (18.0), survive termination. 16.0 PATENT AND TRADEMARK INDEMNIFICATION New World agrees to indemnify and save the Customer harmless from and against any and all judgments, suits, costs, and expenses subject to the limits set forth in this Agreement resulting from any alleged infringement of any patent or copyright arising from the licensing of the Licensed Standard Software pursuant to this Agreement, provided that Customer has notified New World in writing of such allegation within thirty (30) days of the date upon which the Customer first receives notice thereof. New World's obligation to indemnify and save Customer harmless under this paragraph is void if the claim of infringement arises out of or in connection with any modification made to the Licensed Standard Software or any use of the Licensed Standard Software not specifically authorized in writing by New World. 17.0 NOTICES 17.1 Notices to Customer shall be deemed effective when sent by Registered or Certified U.S. Mail to the following business address of the Customer: San Bernardino Police Department 710 North "D" Street, B Bldg PSG San Bernardino, CA 92401 Attention: Michael Eckley, Public Safety IT Manager Telephone: (909) 384-5742 17.2 Notices to New World shall be deemed effective when sent by Registered or Certified U.S. Mail to the following address (or to any other address so specified by New World): New World Systems Corporation 888 West Big Beaver, Suite 600 Troy, Michigan 48084 Attention: President 18.0 GENERAL CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 8 of 42 City of San Bernardino, CA 19.b Packet Pg. 571 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 18.1 This Agreement is the entire agreement between the parties superseding all other communications, written or oral, between the parties relating to the subject matter of this Agreement. This Agreement may be amended or modified only in writing signed by both parties. 18.2 This Agreement is governed by the laws of the State of California and it shall be binding on the successors and assigns of the parties. 18.3 Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision or any other provision of this Agreement. 18.4 The paragraph headings which appear herein are included solely for convenience and shall not be used in the interpretation of this Agreement. Any provision of this Agreement determined to be invalid or otherwise unenforceable shall not affect the other provisions, which other provisions remain in full force and effect. 18.5 This Agreement is entered into solely for the benefit of New World and Customer. No third partyshallhavetherighttomakeanyclaimorassertanyrightunderit, and no third party shall be deemed a beneficiary of this Agreement. 18.6 Notwithstanding anything contained herein to the contrary, these terms and conditions may be extended to other public entities for purchase of the license and/or services described under this Agreement. To the extent they are required, the parties shall execute any requisite cooperative agreements authorizing such extension of terms and conditions. If this is done, Customer assumes no authority, liability, or obligation on behalf of any other public entity that may use this Agreement for any such purchase. 18.7 Other integrated licensed software and services from New World may be purchased by Customer under the terms and conditions of this Agreement. 18.8 In the performance of this Agreement and in the hiring and recruitment of employees, New World shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 18.9 New World warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications and approval of whatever nature that are legally required of New World to practice its business or profession. 18.10 New World shall not voluntarily or by operation oflaw assign, transfer, sublet or encumber all or any part of New World's interest in this Agreement without Customer's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void. Regardless of Customer's consent, no subletting or assignment shall release New World of New World's obligation to performallotherobligationstobeperformedbyNewWorldhereunderforthetermofthisAgreement. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 9 of 42 City of San Bernardino, CA 19.b Packet Pg. 572 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 PUBLIC SAFETY PRODUCTS AND SERVICES EXHIBIT AAl AEGIS TOTAL COST SUMMARY AND PAYMENT SCHEDULE I. PAYMENTS FOR LICENSED STANDARD SOFTWARE SUBSCRIPTION, IMPLEMENTATION SERVICES, THIRD PARTY PRODUCTS AND STANDARD SOFTWARE MAINTENANCE SERVICES DESCRIPTION OF COST COST A. ANNUAL SUBSCRIPTION PAYMENTS 1. Year 1 Subscription Payment (Fiscal Year 2010-11) Invoiced on Effective Date 2. Year 2 Subscription Payment Invoiced on July 1,2011 3. Year 3 Subscription Payment Invoiced on July 1,2012 4. Year 4 Subscription Payment Invoiced on July 1,2013 5 . Year 5 Subscription Payment Invoiced on July 1, 2014 6. Year 6 Subscription Payment Invoiced on July 1,2015 7 . Year 7 Subscription Payment Invoiced on July 1, 2016 8. Year 8 Subscription Payment Invoiced on July 1, 2017 9 . Year 9 Subscription Payment Invoiced on July 1,2018 10. Year 10 Subscription Payment Invoiced on July 1,2019 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 400,000 TOTAL SUBSCRIPTION PAYMENTS:4.000.000 PRICING IS VALID THROUGH JANUARY 31,2011. ALL PAYMENTS ARE DUE WITHIN FORTY-FIVE (45) DAYS FROM RECEIPT OF INVOICE. Billings are applied ratably to each deliverable included under the total one-time cost. If any deliverable is subject to sales tax, the tax will be calculated and added as applicable to each billing. Travel costs are not included and are billed weekly as Travel Expenses occur. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 10 of 42 City of San Bernardino, CA 19.b Packet Pg. 573 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 PUBLIC ADMINISTRATION PRODUCTS AND SERVICES EXHIBIT AA2 LOGOS TOTAL COST SUMMARY AND PAYMENT SCHEDULE I. PAYMENTS FOR LICENSED STANDARD SOFTWARE SUBSCRIPTION, IMPLEMENTATION SERVICES, THIRD PARTY PRODUCTS AND STANDARD SOFTWARE MAINTENANCE SERVICES DESCRIPTION OF COST COST A. ANNUAL SUBSCRIPTION PAYMENTS 1. Subscription Payment (Fiscal Year 2010-11) Services as described in Exhibit G-2 245,000 169.340 Year 1 Total Payment Invoiced on Effective Date 2. Year 2 Subscription Payment Invoiced on July 1, 2011 3. Year 3 Subscription Payment Invoiced on July 1, 2012 4. Year 4 Subscription Payment Invoiced on July 1,2013 5. Year 5 Subscription Payment Invoiced on July 1,2014 6. Year 6 Subscription Payment Invoiced on July 1, 2015 7. Year 7 Subscription Payment Invoiced on July 1, 2016 8. Year 8 Subscription Payment Invoiced on July 1, 2017 9. Year 9 Subscription Payment Invoiced on July 1, 2018 10. Year 10 Subscription Payment Invoiced on July 1, 2019 414,340 245,000 245,000 245,000 245,000 245,000 245,000 245,000 245,000 245,000 TOTAL SUBSCRIPTION PAYMENTS:2.619.340 PRICING IS VALID THROUGH JANUARY 31,2011. ALL PAYMENTS ARE DUE WITHIN FORTY-FIVE (45) DAYS FROM RECEIPT OF INVOICE. Billings are applied ratably to each deliverable included under the total one-time cost. If any deliverable is subject to sales tax, the tax will be calculated and added as applicable to each billing. Travel costs are not included and are billed weekly as Travel Expenses occur. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 11 of 42 City of San Bernardino, CA 19.b Packet Pg. 574 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 EXHIBIT At AEGIS LICENSED STANDARD SOFTWARE UNDER to-YEAR SUBSCRIPTION 1. License Fee for Licensed Standard Software And Documentation Selected Bv Customer: Apvlication Package 1,2,3,4 CAD 1. Aegis/MSP Combined LE/Fire/EMS CAD Call Entry Call Control Panel Unit Recommendations Unit Status and Control Panel Call Stacking CAD Messaging Call Scheduling Dispatch Questionnaire GlS/Geo-File Verification Hazard and Location Alerts Hydrant Inventory Access to Aegis/MSP LE Records Access to Aegis/MSP Fire Records Note Pads Rip-N-Run Remote Printing Run Cards Tone Alerts 2. Additional Aegis/MSP Software for Computer Aided Dispatch 5 CAD Mapping CADAVL Data Analysis/Crime Management/Management Reporting Service Vehicle Rotation (Wrecker, Ambulance) 3. Aegis/MSP Third Party CAD Interface Software 5 CAD Pager Interface E-9ll Interface 6 On-Line CAD Interface to State/NCIC7 Pre-Arrival Questionnaire Interface (1 questionnaire(s) - EMD) supports available release) CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 12 of 42 City of San Bernardino, CA 19.b Packet Pg. 575 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit At /AEGIS LICENSED STANDARD SOFTWARE UNDER to-YEAR SUBSCRIPTION LAW ENFORCEMENT RECORDS 4. Aegis/MSP Single Jurisdiction Base Law Enforcement Records Accidents Arrest Business Registry Case Processing Computer Aided Investigations Federal Reports (UCR/IBR) GlS/Geo-File Verification Impounded Vehicles Incident Tracking Jacket Processing PersonneVEducation Property Traffic Tickets and Citations Wants and Warrants 5. Aegis/MSP Federal and State Compliance Reporting for LE Records Federal UCR/IBR8 State Accidents9 6. Additional Aegis/MSP Software for Law Enforcement Records Alarm Tracking and Billing Case Management Data Analysis/Crime MappinglManagement Reporting Field Investigations Narcotics Management Property Room Bar Coding5 7. Aegis/MSP Third Party LE Records Interface Software 5 Ticket Writer Interface AegislMSP State/NCIC Interface? Includes 12 - 15 screens On-Line Modules - Includes 4 state inquiry screens? On-Line Global Subjects Interface to State/NCIC 8. Aegis/MSP Imaging Software Public Safety LineupslMug Shots 10 Digital Imaging/Electronic Signature Capture CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 13 of 42 City of San Bernardino, CA 19.b Packet Pg. 576 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit AI/AEGIS LICENSED STANDARD SOFTWARE UNDER 10-YEAR SUBSCRIPTION FIRE RECORDS 9. Aegis/MSP Fire Records Software Base Package Activity Reporting and Scheduling Investigations Business Registry Hazardous Materials GIS/Geo-File Verification Hydrant Inventory and Inspections Incident Tracking Inspection Tracking Personnel/Education Pre-plans Station Activity Log BLS/ ALS 10. Federal Compliance Reporting for Fire Records NFIRS 5.0 Electronic Reporting CORRECTIONS 11. Aegis/MSP Corrections Management Software Base Package Aegis/MSP LE Records Interface Bookings Incident Tracking Inmate Property Tracking Inmate Classification Inmate Housing Mass Move Inmate Scheduling and Tracking Inmate Contacts (visitor, mail, phone, emergency) Inmate Programs (courses) Inmate Activity Log Trustee Case Management Corrections Officer Log Finance Management (inmate, facility) Jacket Processing Business Registry PersonnellEducation GIS/Geo-File Verification 12. Aegis/MSP State Compliance Reporting for Corrections State Corrections Reporting Includes up to 4 reports CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 14 of 42 City of San Bernardino, CA 19.b Packet Pg. 577 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit AI/AEGIS LICENSED STANDARD SOFTWARE UNDER 10-YEAR SUBSCRIPTION 13. Additional Aegis/MSP Software for Corrections Management Inmate Movement Tracking Bar Coding Property Room Bar Coding 14. Aegis/MSP Third Party Corrections Interface Software 5 Livescan Interface VINE Interface MOBILE SOFTWARE MOBILE SOFTWARE ON THE RS/6000 MESSAGE SWITCH SERVER 11 15. Base Message Switch to State/NCIC (151-200 units) Base Message Switch for MDTIMCT State/NCIC Interface 16. Additional Aegis@ Software for RS/6000 Message Switch New World CAD Interface for Aegis MSP (151-200 units) Mobile Upload Software (151-200 units) AVL Interface (151-200 units) 12 MOBILE SOFTWARE ON THE MSP Server 17. Aegis@ Mobile Integration Software MDTIMCT Base CADIRMS Interface (151-200 units) A VL CAD Interface (151-200 units) 12 MOBILE MANAGEMENT SERVER 18. Aegis/MSP Mobile Management Server Software (151-200 units) Base CAD/NCIClMessaging Field Reporting Field Reporting Data Merge CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 15 of 42 City of San Bernardino, CA 19.b Packet Pg. 578 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit AI/AEGIS LICENSED STANDARD SOFTWARE UNDER 10-YEAR SUBSCRIPTION CLIENT SOFTWARE 19. Aegis@ Law Enforcement Mobile Unit Software (156 Units) Mobile Messal!inl! LE State/NCIC via Switch 7 LE CAD via Switch Mugshot Image Download State Photo Download In-Car Mapping In-Car Routing New World A VL Field-Based ReDortinl! (156 Units) LE Field Reporting (Federal Standards) The following 4 New World Reports are included: Incident (1 form) Case (1 form) Arrest (1 form) Supplement (I form) LE Field Reporting Compliance LE Accident Field Reporting The following New World Report is included: Accident (1 form) LE Accident Field Reporting Compliance Mobile Upload ofField Reports 20. In-Station -Based ReDortinl! (20 Units) LE Field Reporting (Federal Standards) The following 4 New World Reports are included: Incident (1 form) Case (1 form) Arrest (1 form) Supplement (1 form) LE Field Reporting Compliance LE Accident Field Reporting The following New World Report is included: Accident (1 form) CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 16 of 42 City of San Bernardino, CA 19.b Packet Pg. 579 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit At /AEGIS LICENSED STANDARD SOFTWARE UNDER to-YEAR SUBSCRIPTION LE Accident Field Reporting Compliance Mobile Upload ofField Reports 21. Aegis@ Fire Mobile Unit Software (35 Units) Fire CAD via Switch New World AVL EMS Field Reporting (National Standards) (1 unit) Includes NEMSIS Incident (1 form) 22. Workstation License (Included) Note: Other than for Mobile Software, a Workstation License for up to 400 users is included for the Exhibit Al Licensed Standard Software. The Workstation License includes the following agencies as authorized users: San Bernardino Police Department, CA San Bernardino Fire Department, CA CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 17 of 42 City of San Bernardino, CA 19.b Packet Pg. 580 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit AI/AEGIS LICENSED STANDARD SOFTWARE UNDER IO-YEAR SUBSCRIPTION ENDNOTES Personal Computers must meet the minimum hardware requirements for New World Systems' MSP product. Microsoft Windows XP or later is required for all client machines. Windows 2003/2008Server and SQL Server 2005/2008 are requiredfor the Application and Database Server(s). 2 New World Systems' MSP product requires Microsoft Windows 2003/2008 Server and SQL Server 2005/2008 including required Client Access Licenses (CALs) for applicable Microsoft products. Servers must meet minimum hardware requirements provided by New World Systems. 3 New World Systems' MSP product requires Microsoft Excel or Windows Search 4.0 for document searching functionality; Microsoft Word is required on the application server for report formatting. New World recommends a 100/1000MB (GB) Ethernet networkfor the local area network. Wide area network requirements vary based on system configuration, New World will provide further consultation for this environment. Does not include any required 3rd party hardware or software unless specified in Appendix 1 of this Agreement. Customer is responsible for any 3rd party support. Requires Lantronix USC 1100 included in Section B of this proposal. 4 5 6 8 Customer is responsible for obtaining the necessary State approval and any non-New World hardware and software. Federal UCR/IBR includes edits, reports and electronic submission. 9 State Accidents includes logic, reports and electronic submission. 10 Camera must meet product specifications and be procured through New World. 11 Currently supporting Motorola, Data Radio (DMP & IP), CDPD, EDACS, CDMA, GPRS, 802.11 and Electrocom Mobile Communication solutions only. Requires 3rd party GPS hardware. Prices assume that all software is licensed. Any taxes or fees imposed are the responsibility of the purchaser and will be remitted when imposed. 12 13 14 CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 18 of 42 City of San Bernardino, CA 19.b Packet Pg. 581 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 EXHIBIT A2 LOGOS LICENSED STANDARD SOFTWARE UNDER to-YEAR SUBSCRIPTION 1. License Fee for Licensed Standard Software And Documentation Selected Bv Customer: A I' , P k 123 pp lcatlon ac age ' ,Cost FINANCIAL MANAGEMENT 1. Logos.NET Financial Management Base Suite General Ledger Budget Management Annual Budget Preparation Accounts Payable Revenue/Cash Receipting 2. Expanded Revenue Collections 3rd Party Receivables Interface (Batch) 3. Logos.NET Additional Financial Management Software Asset Management Grant Management Project Accounting Misc. Billing & Receivables Government (GASB) Reporting Bank Reconciliation 4. Logos.NET Procurement Management Suite Purchasing Base Requisition Processing Bid & Quote Management Contract Accounting Inventory Management PAYROLL & HUMAN RESOURCES SUITE 5. Logos.NET Human Resources Management Base Suite Payroll Processing Personnel Management Position Control CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 19 of 42 City of San Bernardino, CA 19.b Packet Pg. 582 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit A2 / LOGOS LICENSED STANDARD SOFTWARE UNDER 10-YEAR SUBSCRIPTION 6. Logos.NET Human Resources Employee Event Tracking Personnel Action Processing 7. Logos.NET Benefits Management Benefits Administration COBRA Billing Administration Workers Compensation Administration Employee Retirement Tracking 8. Logos.NET Additional Payroll & HR Modules Applicant Tracking Position Budgeting Time & Attendance Interface 4 Benefit Tracking (Non-Employee) COMMUNITY DEVELOPMENT SUITE 9. Logos.NET Community Development Software Business Licensing Parcel Management Permits Municipal Inspections Project Planning Code Enforcement Requests for Services Tracking 10. Logos.NET Additional Community Development Modules GIS Integration 5 Community Development Business Licensing (4 screens) Parcel Management (7 screens) Permits (2 screens) Municipal Inspections (4 screens) Code Enforcement (3 screens) Requests for Services Tracking (1 screen) CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 20 of 42 City of San Bernardino, CA 19.b Packet Pg. 583 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit A2 / LOGOS LICENSED STANDARD SOFTWARE UNDER 10-YEAR SUBSCRIPTION eSUlTE 11. eSuite Base Software 12. eFinance eSupplier eBid eMiscellaneous Billing ePayments 13. eHR eEmployee eTimesheets eBenefits Administration eRecruit 14. eCommunity ePermits eLicense eRequest BUSINESS ANAL YTICS 15. Finance Analytics Includes 10+ users 16. Dashboards for Financial Management 17. Human Resource/Payroll Analytics Includes 10+ users 18. Dashboards for Human Resources 19. Community Development Analytics Includes 10+ users 20. Dashboards for Community Development AUTHORIZED USERS 21. Site License for up to 800 Authorized Users 6 Note: A Site License is included for this solution. This Site License entitles the City of San Bernardino, CA, to 800 authorized users for the Standard Software licensed in Exhibit A2, to be divided up between applications. The Site License is available to only the affiliated Public Administration agencies within the City of San Bernardino, California. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 21 of 42 City of San Bernardino, CA 19.b Packet Pg. 584 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit A2 / LOGOS LICENSED STANDARD SOFTWARE UNDER to-YEAR SUBSCRIPTION ENDNOTES Personal Computers must meet the minimum hardware requirements for New World Systems' Logos.NET product. Microsoft Windows XP or greater with IE 7.0 or greater is the required operating systems for all client machines. Windows 2008 Server is required for the Application Server(s), Web Server(s) and Database Server. Microsoft SQL Server 2008 is required for the Database Server. 2 New World Systems' Logos. NET product requires Microsoft Windows 2008 Server and Microsoft SQL Server 2008 including required Client Access Licenses (CALs) and Windows Server 2008 External Connector (EC) licenses for applicable Microsoft products. Servers must meet minimum hardware requirements provided by New World Systems. 3 Suggested minimum: 100MB Ethernet Network. 10MB CA T5 Ethernet Network may have less than adequate response time. Further consultation would be required to assess your network. 4 Time & Attendance interface is a two-way interface. Additional support may be requiredfor 3rd Party changes; not included in SSMA. GIS integration currently supports either ESRI's ArcIMS or ArcGIS Server software; the ArcIMS and ArcGIS Server software and any services related to the installation and setup ofArcIMS or ArcGIS are not included in this proposal. The ArcIMS or ArcGIS Server software would need to be purchased, installed and setup separately. Additional cost per group of 5 for authorized users is $5,000. 5 6 CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 22 of 42 City of San Bernardino, CA 19.b Packet Pg. 585 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 EXHIBIT B1 AEGIS PROJECT MANAGEMENT. IMPLEMENTATION AND TRAINING SUPPORT SERVICES 1. Proiect Manae:ement Services New World shall act as Project Manager to assist Customer's management in implementing the Exhibit Al software. This responsibility will include documenting, coordinating and managing the overall Implementation Plan with Customer's management and the Customer Liaison. Project Management Services include: a) a summary level Implementation Plan; b) a detail level Implementation Plan; c) revised Implementation Plans (if required); d) monthly project status reports; and e) project status meetings a project review (kickoff) meeting at Customer's location progress status meeting(s) will occur during implementation via telephone conference or at Customer's location; and a project close-out meeting at Customer's location to conclude the project. f) New World consultation with other vendors or third parties. The implementation services fees described in Exhibit AA 1 include Project Management fees for a period up to 18 months after the Effective Date. 2. Implementation and Trainine: Support Hours Recommended It is recommended that appropriate support hours are allocated for all Licensed Standard Software listed in Exhibit Al to insure successful implementation of and training on each application package. Based on the Licensed Standard Software listed on Exhibit AI, up to 1.600 hours of New World implementation and training support services have been allocated for this project. Excess hours requested shall be billed at the Hourly Rate. Avoiding or minimizing custom or modified features will aid in keeping the support costs to the amount allocated. Customer agrees to reimburse New World for support trips canceled by Customer less than ten (10) days before the scheduled start date to cover New World's out-of-pocket costs and lost revenues. The recommended implementation and training support services include: a) implementation of each package of Licensed Standard Software; b) Customer training and/or assistance in testing for each package of Licensed Standard Software; and c) tailoring of Licensed Standard Software by New World technical staff and/or consultation with New World technical staff. The project management, implementation and training support services provided by New World may be performed at Customer's premises and/or at New World national headquarters in Troy, Michigan (e.g., portions of project management are performed in Troy). 3. Interface Installation Service New World shall provide interface installation services as described in this paragraph below. These services do not include hardware and/or third party product costs which shall be Customer's responsibility, if required. Whenever possible, these services will be done remotely, resulting in savings in Travel Expenses and Time. If on-site installation and training is required, Customer will be responsible for the actual Travel Expenses and Time. The services include the following interfaces. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 23 of 42 City of San Bernardino, CA 19.b Packet Pg. 586 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit Bl / AEGIS PROJECT MANAGEMENT, IMPLEMENTATION AND TRAINING SUPPORT SERVICES a) Operating System Assurance (High Availability Environment) b) CAD Pager Interface c) 911 Interface d) On-Line CAD Interface to State/NCIC e) Pre-Arrival Questionnaire Interface f) State/NCIC g) On-Line Global Subjects Interface to State/NCIC h) On-Line Property Checks Interface to State/NCIC i) New World Mug Shots/Imaging j) Livescan Interface k) VINE Interface 1) Geo-File Implementation Services m) Message Switch Installation Support New World's GIS implementation services are to assist and train Customer in preparing their GIS mapping data for use with the Licensed Standard Software. Customer must provide an accurate GIS street centerline layer in an industry standard file format (ESRI Shape Files). Customer is responsible for having clearly defined boundaries for Police Beats, EMS Districts and Fire Quadrants. New World will assist Customer to create and/or import maplayersrepresentingthePolice/EMS/Fire boundaries. New World is not responsible for GIS data corrections, cleansing or accuracy. 4. Hardware Ouality Assurance Service New World shall provide Hardware Systems Assurance of Customer's AegislMSP server(s). These services do not include hardware and/or third party product costs which shall be Customer's responsibility, if required.Whenever possible, these services will be provided remotely, resulting in savings in travel expenses and time. If on- site installation is required, Customer will be responsible for the actual travel expenses and time. a) Hardware Quality Assurance Services (High Availability) Environment: Hardware Systems Assurance and Software Installation: Assist with High Level System Design/Layout Validate Hardware Configuration and System Specifications Validate Network Requirements, including Windows Domain Physical Installation of New World Application Servers Install Operating System and Apply Updates Install SQL Server and Apply Updates Install New World Applications Software and Apply Updates Establish Base SQL Database Structure Install Anti-Virus Software and Configure Exclusions Install Automated Backup Software and Configure Backup Routines Configure System for Electronic Customer Support (i.e. NetMeeting) Tune System Performance Including Operating System and SQL Resources Test High A vailability/Disaster Recovery Scenarios (if applicable) Provide Basic System Administrator Training and Knowledge Transfer Document Installation Process and System Configuration CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 24 of 42 City of San Bernardino, CA 19.b Packet Pg. 587 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit B1 / AEGIS PROJECT MANAGEMENT, IMPLEMENTATION AND TRAINING SUPPORT SERVICES 5. Messal!e Switch Operatinl! Svstem Assurance Service New World shall provide Message Switch Operating System Assurance. These services do not include hardware and/or third party product costs which shall be Customer's responsibility, if required. Whenever possible, these services will be provided remotely, resulting in savings in travel expenses and time. If on-site installation is required, Customer will be responsible for the actual travel expenses and time. a) Message Switch Operating System Assurance Services: Operating System Assurance and Software Installation Services: Unpack and assemble hardware Verify core hardware functionality (network/video/storage devices/usb) Install and update AIX Operating System Install and update applicable system manual pages Set AIX environment variables Build system user-ids and applicable authorizations Install and stage message handler and compilers Verify and allocate disk space Mirror hard drives and boot sequencing Install customer-specific communication processes Compile New World Message Switch programs Install base Message Switch data tables Install automated process restart script Install full system backup processes Install system support scripts Install state specific programs and scripts Install state specific data tables Assure Message Switch operation Disassemble, package, and ship to customer 6. Additional Services Available Additional services are also available at the rate of $170 per hour except for Project Management (beyond those described in this Agreement) which is at a rate of $200 per hour. These rates are protected for one year from the Effective Date of this Agreement. After one year, Customer shall pay a mutually agreeable hourly rate for all Exhibit Bl support services rendered which shall not exceed 3% over the prior Hourly Rate. Other New World services may be required or requested for the following: a) additional software training; b) tailoring of Licensed Standard Software by New World technical staff and/or consultation with New World technical staff; c) New World consultation with other vendors or third parties; d) modifying the Licensed Standard Software; e) data conversions; f) designing and programming Licensed Custom Software; and g) maintaining modified Licensed Standard Software and/or custom software. Customer may request these additional services in writing using New World's Request For Service (RFS) procedure (or other appropriate procedures mutually agreed upon by Customer and New World and will be provided at the Hourly Rate). CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 25 of 42 City of San Bernardino, CA 19.b Packet Pg. 588 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 EXHIBIT B2 LOGOS PROJECT MANAGEMENT. IMPLEMENTATION AND TRAINING SUPPORT SERVICES 1. Proiect Manae:ement Services New World shall act as Project Manager to assist Customer's management in implementing the Exhibit A2 software. This responsibility will include documenting, coordinating and managing the overall Implementation Plan with Customer's management and the Customer Liaison. Project Management Services include: a) a summary level Implementation Plan; b) a detail level Implementation Plan; c) revised Implementation Plans (if required); d) monthly project status reports; and e) project status meetings a project review (kickoff) meeting at Customer's location progress status meeting(s) will occur during implementation via telephone conference or at Customer's location; and a project close-out meeting at Customer's location to conclude the project. The implementation services fees described in Exhibit AA2 include Project Management fees for a period up to 12 months after the Effective Date. 2. Imolementation and Trainine: Suooort Hours Recommended It is recommended that appropriate support hours are allocated for all Licensed Standard Software listed in Exhibit A2 to insure successful implementation of and training on each application package. Based on the Licensed Standard Software listed on Exhibit A2, up to 1.000 hours of New World implementation and training support services have been allocated for this project. Excess hours requested shall be billed at the Hourly Rate. Avoiding or minimizing custom or modified features will aid in keeping the support costs to the amount allocated. Customer agrees to reimburse New World for support trips canceled by Customer less than ten (10) days before the scheduled start date to cover New World's out-of-pocket costs and lost revenues. The recommended implementation and training support services include: a) implementation of each package of Licensed Standard Software; and b) Customer training and/or assistance in testing for each package of Licensed Standard Software. The project management, implementation and training support services provided by New World may be performed at Customer's premises and/or at New World national headquarters in Troy, Michigan (e.g., portions of project management are performed in Troy). 3. Interface Installation Service New World shall provide interface installation services as described in this paragraph below. These services do not include hardware and/or third party product costs which shall be Customer's responsibility, if required. Whenever possible, these services will be done remotely, resulting in savings in Travel Expenses and Time. If on-site installation and training is required, Customer will be responsible for the actual Travel Expenses and Time. The services include the following interfaces. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 26 of 42 City of San Bernardino, CA 19.b Packet Pg. 589 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit B2 / LOGOS PROJECT MANAGEMENT, IMPLEMENTATION AND TRAINING SUPPORT SERVICES a) Bank Reconciliation b) Time and Attendance c) 3rd Party receivables (Batch) 4. Hardware Qualitv Assurance Service New World shall provide Hardware Systems Assurance of Customer's Logos.NET server(s). These services do not include hardware and/or third party product costs which shall be Customer's responsibility, if required. Whenever possible, these services will be provided remotely, resulting in savings in travel expenses and time. If on- site installation is required, Customer will be responsible for the actual travel expenses and time. a) Hardware Quality Assurance Services (Standard): Hardware Systems Assurance and Software Installation:: Assist with High Level System Design/Layout Validate Hardware Configuration and System Specifications Validate Network Requirements, including Windows Domain Physical Installation of New World Application Servers Install Operating System and Apply Updates Install SQL Server and Apply Updates Install New World Applications Software and Apply Updates Establish Base SQL Database Structure Install Anti-Virus Software and Configure Exclusions Install Automated Backup Software and Configure Backup Routines Configure System for Electronic Customer Support (i.e. NetMeeting) Tune System Performance Including Operating System and SQL Resources Test High A vailabilitylDisaster Recovery Scenarios (if applicable) Provide Basic System Administrator Training and Knowledge Transfer Document Installation Process and System Configuration 5. Additional Services Available Additional services are also available at the rate of $170 per hour except for Project Management (beyond those described in this Agreement) which is at a rate of $200 per hour. These rates are protected for one year from the Effective Date of this Agreement. After one year, Customer shall pay a mutually agreeable hourly rate for all Exhibit B2 support services rendered which shall not exceed 3% over the prior Hourly Rate. Other New World services may be required or requested for the following: a) additional software training; b) tailoring of Licensed Standard Software by New World technical staff and/or consultation with N ew World technical staff; c) New World consultation with other vendors or third parties; d) modifying the Licensed Standard Software; e) designing and programming Licensed Custom Software; and t) maintaining modified Licensed Standard Software and/or custom software. Customer may request these additional services in writing using New World's Request For Service (RFS) procedure (or other appropriate procedures mutually agreed upon by Customer and New World and will be provided at the Hourly Rate). CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 27 of 42 City of San Bernardino, CA 19.b Packet Pg. 590 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 EXHIBIT Cl AEGIS STANDARD SOFTWARE MAINTENANCE AGREEMENT This Standard Software Maintenance Agreement (SSMA) between New World Systems Corporation (New World) and City of San Bernardino, California (Customer) sets forth the standard software maintenance support services provided by New World for the Exhibit Al applications under Subscription. 1. Service Period This SSMA shall remain in effect for a period of ten (10) years (the SSMA term) beginning on the date of Agreement execution (the start date) and ending on the same calendar date at the conclusion of the SSMA term unless extended by written agreement signed by the parties. 2. Services Included The following services or features are provided under this SSMA at no additional cost, outside of this Agreement, to Customer: a) upgrades, including all new releases and revisions, to the Licensed Standard Software during subscription term (prior releases of Licensed Standard Software application packages are supported no longer than nine (9) months after a new release is announced by New World); b) temporary fixes to Licensed Standard Software under subscription (see paragraph 6 below); c) revisions to Licensed Documentation; d) reasonable telephone support for Licensed Standard Software on Monday through Friday from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone); e) invitation to and participation in user group meetings; f) emergency 24-hour per day telephone support, for Aegis CAD only, seven (7) days per week for Licensed Standard Software. Normal service is available from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone). After 8:00 p.m., the Aegis CAD phone support will be provided via pager and a New World support representative will respond to CAD service calls within 30 minutes of call initiation; and g) integration of the embedded software that is a component of the Exhibit A I Licensed Standard Software. Items a, b, c and d above will be distributed to Customer by electronic means. Additional support services are available as requested by Customer using the rates set forth in Exhibit B 1. Exhibit B 1 has a description of support services available. 3. Maintenance for Modified Licensed Standard Software and Custom Software Customer is advised that if it requests or makes changes or modifications to the Licensed Standard Software, these changes or modifications (no matter who makes them) make the modified Licensed Standard Software more difficult to maintain. New World agrees to provide maintenance support for Custom interfacing software at no additional expense, outside of this Agreement, to Customer. If New World agrees to provide maintenance support for Custom Software or Licensed Standard Software modified at Customer's request, or for prior releases of New World's software, then the additional New World maintenance or support services provided shall be billed at the then-current Exhibit B 1 hourly fees. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 28 of 42 City of San Bernardino, CA 19.b Packet Pg. 591 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit Cl /AEGIS STANDARD SOFTWARE MAINTENANCE AGREEMENT 4. Billine: Maintenance costs are covered under the subscription payments in Exhibit AA 1. (If used, any Exhibit B 1 support or service hours incurred are billed weekly for the previous calendar week.) 5. Additions of Software to Maintenance Ae:reement Additional Licensed Standard Software licensed from New World will be added to the SSMA upon delivery. Costs for the maintenance for the additional software will be billed to Customer on a pro rata basis for the remainder of the maintenance year and on a full year basis thereafter. 6. Requests for Software Correction on Licensed Standard Software At any time during the SSMA period, if Customer believes that the Licensed Standard Software does not conform to the current specifications set forth in the user manuals, Customer must notify New World in writing that there is a claimed defect and specify which feature and/or report it believes to be defective. Before any notice is sent to New World, it must be reviewed and approved by the Customer Liaison. Documented examples of the claimed defect must accompany each notice. Screen shots of the claimed defect where available shall suffice for the documented example requirement. New World will review the documented notice and when a feature or report does not conform to the published specifications, New World will provide software correction service at no charge. (See paragraph 4.0 of the General Terms and Conditions of this Agreement for the New World warranties provided.) A non-warranty request is handled as a billable Request For Service (RFS) (see Exhibit B 1). The no-charge software correction service does not apply to any of the following: a) situations where the Licensed Standard Software has been changed by anyone other than New World personnel; b) situations where Customer's use or operations error causes incorrect information or reports to be generated; and c) requests that go beyond the scope of the specifications set forth in the current User Manuals. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 29 of 42 City of San Bernardino, CA 19.b Packet Pg. 592 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 EXHIBIT C2 LOGOS STANDARD SOFTWARE MAINTENANCE AGREEMENT This Standard Software Maintenance Agreement (SSMA) between New World Systems Corporation (New World) and City of San Bernardino, California (Customer) sets forth the standard software maintenance support services provided by New World for the Exhibit A2 applications under Subscription. 1. Service Period This SSMA shall remain in effect for a period of ten (10) years (the SSMA term) beginning on the date of Agreement execution (the start date) and ending on the same calendar date at the conclusion of the SSMA term unless extended by written agreement signed by the parties. 2. Services Included The following services or features are provided under this SSMA at no additional cost, outside of this Agreement, to Customer: a) upgrades, including all new releases and revisions, to the Licensed Standard Software during subscription term (prior releases of Licensed Standard Software application packages are supported no longer than nine (9) months after a new release is announced by New World); b) temporary fixes to Licensed Standard Software under subscription (see paragraph 6 below); c) revisions to Licensed Documentation; d) reasonable telephone support for Licensed Standard Software on Monday through Friday from 8:00 a.m. to 8:00 p.rn. (Eastern Time Zone); e) invitation to and participation in user group meetings; Items a, b, c and d above will be distributed to Customer by electronic means. Additional support services are available as requested by Customer using the rates set forth in Exhibit B2. Exhibit B2 has a description of support services available. 3. Maintenance for Modified Licensed Standard Software and Custom Software Customer is advised that if it requests or makes changes or modifications to the Licensed Standard Software, these changes or modifications (no matter who makes them) make the modified Licensed Standard Software more difficult to maintain. New World agrees to provide maintenance support for Custom interfacing software at no additional expense, outside of this Agreement, to Customer. If New World agrees to provide maintenance support for Custom Software or Licensed Standard Software modified at Customer's request, or for prior releases of New World's software, then the additional New World maintenance or support services provided shall be billed at the then-current Exhibit B2 hourly fees. 4. Billint! Maintenance costs are covered under the subscription payments in Exhibit AA2. (If used, any Exhibit B2 support or service hours incurred are billed weekly for the previous calendar week.) CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 30 of 42 City of San Bernardino, CA 19.b Packet Pg. 593 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit C2 /LOGOS STANDARD SOFTWARE MAINTENANCE AGREEMENT 5. Additions of Software to Maintenance Ae:reement Additional Licensed Standard Software licensed from New World will be added to the SSMA upon delivery. Costs for the maintenance for the additional software will be billed to Customer on a pro rata basis for the remainder of the maintenance year and on a full year basis thereafter. 6. Requests for Software Correction on Licensed Standard Software At any time during the SSMA period, if Customer believes that the Licensed Standard Software does not conform to the current specifications set forth in the user manuals, Customer must notify New World in writing that there is a claimed defect and specify which feature and/or report it believes to be defective. Before any notice is sent to New World, it must be reviewed and approved by the Customer Liaison. Documented examples of the claimed defect must accompany each notice. Screen shots of the claimed defect where available shall suffice for the documented example requirement. New World will review the documented notice and when a feature or report does not conform to the published specifications, New World will provide software correction service at no charge. (See paragraph 4.0 of the General Terms and Conditions of this Agreement for the New World warranties provided.) A non-warranty request is handled as a billable Request For Service (RFS) (see Exhibit B2). The no-charge software correction service does not apply to any of the following: a) situations where the Licensed Standard Software has been changed by anyone other than New World personnel; b) situations where Customer's use or operations error causes incorrect information or reports to be generated; and c) requests that go beyond the scope of the specifications set forth in the current User Manuals. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 31 of 42 City of San Bernardino, CA 19.b Packet Pg. 594 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 EXHIBIT D NEW WORLD SYSTEMS CORPORATION NON-DISCLOSURE AND SECURITY AGREEMENT FOR THIRD PARTIES This Agreement, when accepted and executed by New World, grants the undersigned the permission to use and/or have limited access to certain New World Systems~ Corporation (New World) proprietary and/or confidential information. Installed At: City of San Bernardino Customer Name Located At: 710 North "D" Street San Bernardino, CA 92401 Authorized Signature of Customer: SignatureName (Please Print or Type)Title In exchange for the permission to use or have access to New World proprietary and/or confidential information, including without limitation, New World software and/or documentation, the organization and individual whose names appear below, agree to the following: 1. No copies in any form will be made of New World proprietary or confidential information without the expressed written consent of New World's President, including without limitation, the following: a) Program Libraries, whether source code or object code; b) Operating Control Language; c) Test or Sample Files; d) Program Listings; e) Record Layouts; f) All written confidential or proprietary information originating from New World including without limitation, documentation, such as user manuals and/or system manuals; and/or g) All New World Product Bulletins and/or other New World Product related materials. 2. New World software, New World documentation, or other proprietary or confidential information shall not be used for any purpose other than processing the records of the Customer identified above as permitted in the Customer's Standard Software License and Services Agreement with New World. 3. The undersigned agree(s) that this Agreement may be enforced by injunction in addition to any other appropriate remedies available to New World. If it is determined that the money damages caused by the undersigned's failure to comply with the foregoing terms are difficult to ascertain, they are hereby estimated at liquidated damages of no less than three times the then-current License Fees for the License Software provided to Customer under the Standard Software License and Service Agreement between Customer and New World. 4. Nothing contained within this Exhibit shall circumvent Customer's obligations under the Federal Freedom of Information Act or the California Public Records Act. By: Title: Agreed and Accepted by Third Party (Organization) Organization: By: Title: Date:Date: Accepted and Approved by New World Systems Corp. By: Title: Date: I#J/{/i~/'<<_, Date: CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 32 of 42 City of San Bernardino, CA 19.b Packet Pg. 595 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 EXHIBIT E DEMONSTRATION SITE DISCOUNT As a major component of the Subscription Agreement, New World has provided Customer a significant discount in exchange for the privilege of using Customer's site for demonstration purposes. Accordingly, after the Licensed Standard Software has been delivered and installed, Customer agrees to act as a demonstration site for prospective New World customers. Customer also agrees to serve as a reference or remote demonstration site on the telephone for prospective New World customers. By agreeing to be a demonstration site, Customer is not necessarily endorsing the New World software and Customer will not actively participate in any type of marketing and advertising campaign for or on behalf of New World. Demonstrations will be coordinated with the appropriate Customer personnel and will be scheduled to minimize the interruption to Customer's operations. New World will provide Customer reasonable notice for preparation. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 33 of 42 City of San Bernardino, CA 19.b Packet Pg. 596 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 EXHIBIT F LOGOS DATA FILE CONVERSION ASSISTANCE New World will provide conversion assistance to Customer to help convert the existing data files specified below. Ifadditional files are identified after the contract execution, estimates will be provided to Customer prior to New World beginning work on those newly identified files. 1. General a) This conversion effort includes data coming from one unique data source, not multiple sources. b) No data cleansing, consolidation of records, or editing of data will be part of the data conversion effort. Data cleansing, removal of duplicate records, and editing must take place by Customer prior to providing the data to New World 2. New World Responsibilities a) New World will provide Customer with a conversion design document for signoffprior to beginning development work on the data conversion. No conversion programming by New World will commence until Customer approves this document. b) New World will provide the data conversion programs to convert Customers data from a single data source to the New World Licensed Standard Software for the specified files that contain 500 or more records. c) As provided in the approved project plan for conversions, New World will schedule a conversion analysis trip and a separate data conversion testing trip to Customer's location. The conversion testing trip for each application is a billable support trip, using standard Exhibit B hours, which is scheduled in conjunction with the delivery of the converted data to the Customer. d) New World will provide the Customer up to 3 test sets of the converted data. Additional test sets requested may/will require additional conversion costs. e) New World will provide the standard conversion record layouts to the Customer and convert the available data elements defined in the standard conversion record layouts. 3. Customer Responsibilities a) Customer will provide data in standard conversion record layouts as provided by New World. Submitted data files must include an accurate count of records contained in the files. b) Data will be submitted to New World in one of the following formats: AS/400 files, Microsoft SQL Server database, Microsoft Access database, Microsoft Excel Spreadsheet, or an ASCII- format delimited text file. Data and databases will be transferred using the New World ftp site. c) Customer understands that files or tables containing less than 500 records or table entries will not be converted. d) As provided in the project plan for conversions, Customer will provide a dedicated resource in each application area to focus on conversion mapping and testing. This includes dedicating a support person(s) whenever New World staff is on site regarding conversions. Roughly a one to one commitment exists for Customer commitment and New World commitment. Customer understands that thorough and timely testing of the converted data by Customer personnel is a key part of a successful data conversion. e) Customer agrees to promptly review conversion deliveries and signoff on both the conversion design document and on the final conversion after the appropriate review. Applying the converted data to the production (Live) environment will constitute conversion acceptance by Customer. f) If the Customer cannot provide data in the format defined in New World's standard conversion record layouts then New World will map the data to New World's standard conversion record layout at the Hourly Rate. The Customer must provide complete file and field defmitions for New World to map the data. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 34 of 42 City of San Bernardino, CA 19.b Packet Pg. 597 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit F / DATA FILE CONVERSION ASSISTANCE 4. Files to be converted Up to 11 files from the following possible sources are included. Financial Vendor Information Asset Management (Fixed Assets) General LedgerlBudget History Purchase Order History Accounts Payable History Payroll Employee Information Employee Detailed Earnings History Position Master File Community Development Permit/Inspection History Business License Information/Contractors Code Enforcement Violation CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 35 of 42 City of San Bernardino, CA 19.b Packet Pg. 598 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 EXHIBIT Gl AEGIS CUSTOMER REQUESTED STANDARD SOFTWARE ENHANCEMENTS / MODIFICATIONS AND / OR CUSTOM SOFTWARE 1. Definition of Proiect New World will provide the Customer requested Standard Software Enhancements and/or Custom Software as discussed below to address the Customer's requirements. Customer agrees to cooperate in not makingmodificationsandenhancementstooextensiveasdefinedinthe2(b)(I) procedure below. An analysis and assessment to verify the scope of effort for the project will be conducted. A revised estimate for the modifications/interfaces may be provided at the conclusion of the assessment. Customer may elect to cancel or proceed with the modifications/interfaces based on the revised estimate. Capabilities included in the initial scope: a) Custom Software/Interfaces With New World providing consultation, Customer is responsible for obtaining technical contacts and/or technical specifications from the third parties involved. 1) First-in Fire Station Alerting Interface: New World will provide a one-way interface from CAD to Westnet First-In Station Alerting per the Westnet API documentation. 2) LINX Interface: New World will provide a one way interface to the LINX data warehouse for the arrest, case, and warrant modules. This interface will provide the core information from these modules and the associated information in those modules. The interface will be based on one of the LEXS PD 3.X formats. 2. Methodolol!:v to Provide Enhancements and/or Custom Software a) Definition of New World's Responsibility This project includes the following activities to be performed by New World. 1) Review of required features with Customer. Only items identified in Paragraph I above will be provided in this implementation plan. 2) Preparation of Requirements Document (RD) to include: Detailed description of the required feature menu samples screen samples report samples 3) Programming and programming test. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 36 of 42 City of San Bernardino, CA 19.b Packet Pg. 599 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit Gl / CUSTOMER REQUESTED STANDARD SOFTWARE ENHANCEMENTS / MODIFICATIONS AND / OR CUSTOM SOFTWARE 4) On-site training, testing and/or other support services at the Hourly Rate. For modification requiring over fifty (50) hours of work, New World utilizes a design document procedure [see 2(b)(1) below]. For smaller modifications, New World uses a Request For Service RFS) procedure. Both procedures are reviewed with Customer at a pre-installation planning meeting. The RFS procedure utilizes a form with a narrative description and supporting documentation if applicable to define the work to be done. b) Implementation Schedule Activitv Tareeted Time Period 1) Complete Design Review with Customer Staff. Customer agrees to be reasonable and flexible in not attempting to design the modifications to be more extensive than called for in the scope (cost and schedule) of this project. To be determined 2) New World submits completed RD to Customer.To be determined 3) RD is accepted and signed off by Customer (no programming will be done by New World until the formal sign-off and Customer's authorization to proceed in writing). To be determined 4) New World completes programming from RD and provides modified software to Customer. To be determined 5) Software Modification Acceptance Test based on RD.To be determined c) Customer's Responsibility All Customer-requested changes after RD sign-off must be documented by Customer and authorized in writing including potential costs, if any. Additional changes will most likely delay the schedule and may increase the cost. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 37 of 42 City of San Bernardino, CA 19.b Packet Pg. 600 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 EXHIBIT G2 LOGOS CUSTOMER REOUESTED STANDARD SOFTWARE ENHANCEMENTS / MODIFICATIONS AND / OR CUSTOM SOFTWARE 1. Definition of Proiect New World will provide the Customer requested Standard Software Enhancements and/or Custom Software as discussed below to address the Customer's requirements. Customer agrees to cooperate in not making modifications and enhancements too extensive as defined in the 2(b)(1) procedure below. An analysis and assessment to verify the scope of effort for the project will be conducted. A revised estima te for the modifications/interfaces may be provided at the conclusion of the assessment. Customer may elect to cancel or proceed with the modifications/interfaces based on the revised estimate. Capabilities included in the initial scope: a) Custom SoftwarelInterfaces With New World providing consultation, Customer is responsible for obtaining technical contacts and/or technical specifications from the third parties involved. 1) Journal Import - Active: A one-way user initiated batch process to import journal transactions from a third party system to New World's general ledger. 2) Journal Import - Utility: A one-way user initiated batch process to import journal transactions from a third party system to New World's general ledger. 3) Journal Import - Chameleon: A one-way user initiated batch process to import journal transactions from a third party system to New World's general ledger. 4) Laser Fiche Interface - Enables the user to directly access a 3rd party document imaging application to view scanned documents associated to a transaction or master record. Functionality is currently available in the following areas: Accounts Payable Invoices, Payments (Checks), Revenue Collection Receipts, Journals, Purchase Orders, Requisitions and Employees. 5) Logos.NET Inspections to a 3rd Party IVR Interface: New World will provide an interface that leverages our existing IVR interface which includes the following features: Create a Requested Inspection Cancel a Requested Inspection Get Status of an Inspection New features in addition to existing functionality. Ability to schedule an inspection for AM or PM Automatically schedule an inspection to an inspector based on inspection type and property zone Ability to schedule an inspection for any date in the future (not just the next 2 business days) Ability to schedule inspections for code violations Note: The interface will leverage our existing IVR interface for inspections and does not include changes to those features. The expectation is that the IVR vendor will adhere to the specifications of the existing interface. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 38 of 42 City of San Bernardino, CA 19.b Packet Pg. 601 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit G2 / LOGOS CUSTOMER REQUESTED STANDARD SOFTWARE ENHANCEMENTS / MODIFICATIONS AND / OR CUSTOM SOFTWARE 2. Methodoloe:v to Provide Enhancements and/or Custom Software a) Definition of New World's Responsibilitv This project includes the following activities to be performed by New World. Review of required features with Customer. Only items identified in Paragraph 1 above will be provided in this implementation plan. 2) Preparation of Requirements Document (RD) to include: Detailed description of the required feature menu samples screen samples report samples 3) Programming and programming test. 4) On-site training, testing and/or other support services at the Hourly Rate. For modification requiring over fifty (50) hours of work, New World utilizes a design document procedure [see 2(b)(/) below]. For smaller modifications, New World uses a Request For Service RFS) procedure. Both procedures are reviewed with Customer at a pre-installation planning meeting. The RFS procedure utilizes a form with a narrative description and supporting documentation if applicable to define the work to be done. b) Implementation Schedule Activitv Tare:eted Time Period Complete Design Review with Customer Staff. Customer agrees to be reasonable and flexible in not attempting to design the modifications to be more extensive than called for in the scope (cost and schedule) of this project. To be determined 2) New World submits completed RD to Customer. 3) RD is accepted and signed off by Customer (no programming will be done by New World until the formal sign-off and Customer's authorization to proceed in writing). To be determined To be determined 4) New World completes programming from RD and provides modified software to Customer. To be determined 5) Software Modification Acceptance Test based on RD.To be determined c) Customer's Responsibility All Customer requested changes after RD sign-off must be documented by Customer and authorized in writing including potential costs, if any. Additional changes will most likely delay the schedule and may increase the cost. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 39 of 42 City of San Bernardino, CA 19.b Packet Pg. 602 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 a f'!,~,~~!.~,,:,t,;'tems APPENDIX 1 AEGIS AGREEMENT AND AUTHORIZATION FOR PROCUREMENT OF THIRD PARTY PRODUCTS AND SERVICES The attached configuration (Exhibit I) describes the Third Party products and services that New World will obtainforCustomer. By their written approval below, Customer authorizes New World to order the Exhibit I productsfordeliveryto: City of San Bernardino 710 North "D" Street San Bernardino, CA 9240 I The payments for Appendix I Services are covered under the Cost Summary and Payment Schedule in Exhibit AAl. Customer is responsible for the site preparation and related costs to install the Exhibit I Third Party products.Customer is responsible for any returned product charges, including re-stocking and shipping fees, for all ThirdPartyproductsorderedbyNewWorldontheCustomer's behalf. Travel Expenses incurred by New World are inadditiontotheExhibitIcostandwillbebilledweeklyasincurred. The Exhibit I components and cost may only be changed by mutual agreement of the parties. If a change order intheconfigurationrequiresadditionalcosts, New World shall notify Customer of the additional costs and withCustomer's approval these costs shall be borne by Customer. Without such approval, the change order will not beprocessed. Customer shall or may be required to execute selected agreements with vendors and New World shall not confirmtheorderingofanyExhibitIproductswithoutCustomer's authorized signature on said Agreements. Customershallreceivethebenefitofallwarranties, services, etc. provided for in the Agreements. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 40 of 42 City of San Bernardino, CA 19.b Packet Pg. 603 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 EXHIBIT 1 AEGIS CONFIGURATION THIRD PARTY PRODUCTS AND SERVICES THIRD PARTY SOFTWARE a. Embedded Third Party Software includes all Third Party executable components) b. GIS Software CAD CAD Workstations using ArcGIS Engine Runtime 33 workstations) Mobile Mobile In-Car Mapping and Routing (156 units) Geo-File Maintenance Software (ESRI ArcEditor) per workstation c. Diagramming Software (Scene PD) Enterprise License THIRD PARTY HARDWARE d. Hardware, System Software & Services Lantronix UDS-II00 Bar Coding Scanner Kit A VL Hardware (191 units) Digital Camera for Mug Shots CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 41 of 42 City of San Bernardino, CA 19.b Packet Pg. 604 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 ESRI Notes 1) Customer will restrict use of the ESRI Software to executable code (used with the Aegis Licensed Standard Software). 2) Customer will prohibit (a) transfer of the ESRI Software except for temporary transfer in the event of computer malfunction; (b) assignment, time-sharing, lend or lease, or rental of the ESRI Software or use forcommercialnetworkservicesorinteractivecableorremoteprocessingservices; and (c) title to the ESRISoftwarefrompassingtoanyotherparty. 3) Customer will prohibit the reverse engineering, disassembly, or decompilation of the ESRI Software andprohibitduplicationoftheESRISoftwareexceptforasinglearchivalcopy; reasonable Sublicensee backupcopiesarepermitted. 4) Customer will disclaim, to the extent permitted by applicable law, ESRI's liability for any damages, orlossofanykind, whether special, direct, indirect, incidental, or consequential, arising from the use of theESRISoftware. 5) At the termination of their Agreement (Sublicense) with New World, Customer will certify in writing toNewWorldthatithasdiscontinueduseandhasdestroyedorwillreturntoNewWorldallcopiesoftheESRISoftwareanddocumentation. 6) Customer will comply fully with all relevant export laws and regulations of the United States to assure thattheESRISoftware, or any direct product thereof, is not exported, directly or indirectly, in violation ofUnitedStateslaw. 7) Customer will prohibit the removal or obscuring of any copyright, trademark notice, or restrictive legend.8) If New World grants a Sublicense to the United States Government, the ESRI Software shall be providedwith "Restricted Rights". 9) All Aegis/MSP Customers are required to use ESRI's ArcGIS suite of products to maintain GIS data. Allmaintenance, training and on-going support of this product will be contracted with and conducted by ESRI.Maintenance for ESRI's ArcGIS suite of products that are used for maintaining Customer's GIS data willbecontractedbyCustomerseparatelywithESRI. 10) The on-going New World SSMA cost is required for any Aegis software changes related to integration withESRIsoftware. 11) If a new release of ESRI software is incorporated into the Aegis software, an associated upgrade fee may berequiredforthenewESRIsoftware, depending on the potential cost from ESRI; and/or on the scope ofeffortrequiredtointegratethenewESRIreleasewithAegissoftware. CONFIDENTIAL Agreement 011211 Aegis and Logos FINAL.docx Page 42 of 42 City of San Bernardino, CA 19.b Packet Pg. 605 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 PURCHASE AGREEMENT CITY OF SAN BERNARDINO and NEXUS INTEGRATED SYSTEMS, INC. This Purchase Agreement is entered into this 25th day of January, 2011, by and between Nexus Integration Systems ("Nexus") and the City of San Bernardino ("City" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageousandinthebestinterestoftheCitytocontractfortheupgradeoftheCity's telephone system; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages Nexus to provide those products and services set forth on the Statement of Work, attached herein as Attachment" 1 " and fully incorporated herein, on the terms stated therein. 2. COMPENSA TION AND EXPENSES. a. For the products and/or services delineated above, the City, upon presentation of an invoice, shall pay the Nexus up to the amount of$396,060.71 for materials and equipment, installation labor, 9% sales tax and a one-year warranty, as set forth on Schedule "A" to the Statement of Work. b. No other expenditures made by Nexus shall be reimbursed by City. 3. TERM; TERMINATION. This project shall be commenced January 25th and shall be completed within 60 daysfromaward, execution of agreements and progress payment. 4. INDEMNITY. Nexus agrees to and shall indemnify and hold the City, its elected officials, employees,agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Nexus, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Nexus agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Nexus hereby waives any and all rights to any types of express or impliedindemnityagainsttheCity, its elected officials, employees, agents or representatives, with San BemardinolNexus Agreement January 20,2011 19.b Packet Pg. 606 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 respect to third party claims against the Nexus relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 6. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement,Nexus shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1 ,000,000.00 combined single limit, and shall file copiesofsaidpolicieswiththeCity's Risk Manager prior to undertaking any work under this Agreement. City shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the City shall require the insurer to give City at least thirty (30) days' notice of any change or termination in the policy. 7. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees,Nexus shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. Nexus warrants that it possesses or shall obtain, and maintain a business registrationcertificateasrequiredunderChapter5oftheMunicipalCode, and any other license, permits,qualifications, insurance and approval of whatever nature legally required of Nexus to practiceitsbusinessorprofession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE City:1. T. Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5947 TO Nexus:Mr. Daniel Hopkins or Mr. Thomas Lyon 27202 W. Turnberry Ln. Suite 100 Valencia, CA 91355 Telephone (949) 265-6045 daniel.hopkins@nexusis.com 10. 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, San Bemardino/Nexus Agreement 2 January 20,2011 19.b Packet Pg. 607 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 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 and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. Nexus shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the Nexus's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement.Regardless of City's consent, no subletting or assignment shall release Nexus of Nexus's obligation to perform all other obligations to be performed by Nexus hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Eastern Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provlSlons. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid 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 anyothercircumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without San BemardinolNexus Agreement 3 January 20, 2011 19.b Packet Pg. 608 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: i.- 4~ , 2011 Dated / -;;LL, , 2011 CITY OF SAN BERNARDINO By: Approved as to Form: James F. Penman, City Attorney San BemardinolNexus Agreement 4 January 20, 2011 19.b Packet Pg. 609 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Attachment "I" N E )~' US))I' IrA\. Connect CoLlaborate Create Statement of Work Developing advanced technology solutions for your business PREPARED FOR: i " Su Ie' i. City of San Bernardino NEC SV8S00 IP PBX SYSTEM REPLACEMENT & Contact Center -City Hall Site Versionl.0 1/19/2011 www.nexusis.comI800-536-2400Iinfo@nexusis.com II I II 1-IL_- -P.~I oJ r:-I~_- = -: -"""" I : 19.b Packet Pg. 610 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 TEAM CONTACT INFORMATION Larry Martin Senior Network Administrator Martin La@sbcitv.orQ 909) 384-5947 June Yotsuya IT Director Yotsuva Ju@sbcitv.orQ 909) 384-5947 Nexus Name Functional Responsibility Email Address Phone Nexus IS Inc. Distribution: Dan Hopkins Account Manager dan.hookins@nexusis.com (949) 265-6045 Don Shepherd Sales Engineer don.sheoherd@nexusis.com (949) 265-6116 I.~I .. r~- .-. - - --.- ...,....... = I~ 0" :.~ .. *-~-.~ - .-. - ~.. I1 ~= 1- 1- 19.b Packet Pg. 611 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Document Control Author:Don Shepherd, Sales Engineer Nexus IS, Inc. Professional Services Change Authority: Nexus IS Professional Services Revision History The table below shows the revision history of this document. Version No. Issue Date Status Reason for Change 1.0 12/20/2010 Initial Draft 1.1 1/19/2011 DSS Added Call Back feature to Contact Center SOW for Water & Price Change reduction Review History The table below shows the review history of this document. I Rav_f," Datails , I Varsion No, I Data 19.b Packet Pg. 612 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Nexus IS>>Statement of Work 1 Executive Summary This statement of work (SOW) identifies the services and activities to be performed by Nexus (and/or others as identified herein) relative to the installation and programming of a new NEC SV8500 IP PBX system at the City of San Bernardino - City Hall Site. The new SV8500 will replace the end-of-support NEC 2400 ICS system currently installed and providing service to the City Hall Facility. The UNIVERGE@ SV8500 communication server shows that it is possible to improve on a family of products that completely revolutionized the PBX market, the NEC 2400. UNIVERGE SV8500 ups the ante by adding more applications and features to improve productivity and streamline business processes. SAVINGS realized when migrating to the UNIVERGE SV8500: License Migration customers will receive an equivalent amount (like for like licenses) when moving from the NEAX 2400 platform to the UNIVERGE SV8500. Terminal Migration customers, existing Series E, Series i, Dterm@Cordless and SN716 Desk Console will work on the UNIVERGE SV8500. Application Migration customers with existing Call Center applications, UC applications, OAI Applications, UA5200 and Wired-for-Wireless products will migrate to the UNIVERGE SV8500. The NEAX 2400 End of Life has been announced; the UNIVERGE SV8500 is the "go forward" product for future development. With the end of NEAX 2400 and NEAX 2400 NTAC support (as announced in Dear Associate Letter 2000-09-106), this new system will again provide the City Hall site with a new system warranty and NEC NTAC support ongoing. The IP design with Embedded VolP and SIP server provides support for IP stations and IP trunks, eliminating the requirement for more blades or additional chassis. As a pure IP system, the SV8500 scales seamlessly to thousands of ports. New line-up of next generation UNIVERGE Terminals provides the freedom to tailor the platform and telephony applications to meet your customers evolving needs. Scalability and custOmization through modularity, investment protection with Standard 5 Year Terminal Warranty, XML open interface support and Bluetooth Handsets are just some of the benefits. The UNIVERGE SV8500 is a true Global Product; organizations can take advantage of support for both VolP and traditional voice: deployment of a pure IP solution or any combination of IP and traditional technology. The new SV8500 platform will be an IP-enabled platform that will support VOIP deployments now. The new IVR system will be integrated into the new SV8500 IP platform via standard SIP ports (48). Existing circuit cards will migrate into the new SV8500 platform after a simple chip kit upgrade. Most of the circuit cards from the 2400 IPX will be reused in the new SV8500. The services, activities, and responsibilities described within the following sections herein characterize the full set of deliverables for this project, thus constitutes the working agreement between Nexus and CITY OF SAN BERNARDINO (Client). Every effort has been made to identify the scope of the project based on information made available during the engagement to create the SOW. CITY OF SAN BERNARDINO- Statement of Work Page 4 of 17 19.b Packet Pg. 613 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Nexus IS>>Statement of Work 1.1 Nexus Profile Nexus, headquartered in Valencia, California has offices throughout California, Arizona, Oregon and Washington. The company employs more than 400 people and serves client organizations of all types and sizes in local, national and international markets. Nexus specializes in delivering innovative convergence solutions that provide businesses with a distinct competitive advantage. We understand the challenges posed by today's rapidly evolving technologies and leverage our extensive engineering team to help our clients meet these challenges. We work hard to understand the unique needs of each of our clients, and develop a personalized technology strategy to help them succeed. 1.2 Customer Profile City of San Bernardino The City of San Bernardino is a community rich in history and cultural diversity. Influences of Native Americans, Mexican settlers, Spanish missionaries and Mormon emigrants can still be seen throughout the City today. From the day in 1810 when Franciscan missionary Father Oumetz named the area San Bernardino to the present, San Bernardino - nestled south of the San Bernardino Mountains and west of the lower desert - has been recognized for its scenic beauty and strategic location. Today, the City of San Bernardino serves as the county seat and is the largest city in the County of San Bernardino with a population of over 205,000. The location of this project is The City of San Bernardino - City Hall facility located at: City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 909) 384-5211 Hours of ODeration MOrfday- Thursday 7:30 a.m. - 5:30 p.m. Closed Friday, Mayor's Office & Water Department open until 4:30, 2nd Floor Access CITY OF SAN BERNARDINO- Statement of Work Page 5 of17 19.b Packet Pg. 614 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Nexus IS})Statement of Work 2 Professional Services 2.1 Solution Overview The purpose of the proposed engagement is to assist CITY OF SAN BERNARDINO with the deployment of a new NEC SV8500 communications server and software solution. The system is designed to replace the existing NEC 2400 ICS at the existing City Hall Site and will support a new Contact Center Software solution, Unified Communications for Business (UCB). Existing circuit cards will be upgraded with chip kits and migrated to the new system as possible. Digital station sets will be reused throughout the City Hall facility and new IP sets will be deployed at some locations. 2.2 Scope SV8500 Communications Server At the City Hall Site, the SV8500 will replace an existing (End of Life/End of Support) 2400 les system that is no longer supported by the manufacturer, NEC America. Upgrades and patches are no longer available. The new SV8500 will be installed and programmed at the same location as the existing 2400 system. This proposal assumes that the existing Series E or Series I telephone sets will be reused and that those telephone sets are in working order. This proposal assumes that the replacement system will be a like-for-like replacement without significant changes to system programming of individual stations. A new Contact Center solution will be deployed (UCB) and extensive call flow, auto attendant and live attendant console applications will be developed and deployed. Agent tracking, reporting and monitoring will be supported, with agent supervisor capability to monitor and assist. The contact Center will be equipped for up to 80 concurrent agents logged in. Custom Announcements and detailed reporting will be provided. A site license for Agent Callback is included. A new centralized Unified Messaging server will be implemented to replace existing voice mail for up to 1200 users. This system will provide voice mail with Outlook integration for the City staff. All power sources, grounding and wall mounting space will be reused as appropriate. All existing cabling will be reused and no new station cabling is included in this proposal. The new SV8500 will connect to the existing NEC network via the existing CCIS circuits. On-Site System Administrator training for the SV8500 is included. The services, activities, and responsibilities described within the following sections herein characterize the full set of deliverables for this project, thus constitutes the working agreement between Nexus and CITY OF SAN BERNARDINO. Every effort has been made to identify the scope of the project based on information made available during the engagement to create the SOW. CITY OF SAN BERNARDINO- Statement of Work Page 6 of 17 19.b Packet Pg. 615 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Nexus IS>>Statement of Work 2.3 Project Tasks Project Tasks Task CITY OF SAN Nexus BERNARDINO Kickoff meeting between CITY OF SAN BERNARDINO and X X Nexus Project Planning! Database Design session X X Equipment Delivery - Rack and Stack Equipment X Install SV8500 Server and OS - Program System X Integrate SV8500 to existing LANIWAN X X Install SV8500 Circuit Cards and cross connect X Install UCB servers and develop Contact Center Install Unified Messaging and set up end user mailboxes and auto attendants Install Metropolis Call Accounting software on customer- provided LAN connected workstation Test phones and consoles; Test trunks; Test CCIS X X Validate access to CCIS Network locations; validate X access to voicemail ; validate SMDR capture System Cut Over - place SV8500 into service X System Administrator Training X X Project Documentation Delivered X Project Acceptance Document Signed X X CITY OF SAN BERNARDINO- Statement of Work Page 7 of17 19.b Packet Pg. 616 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Nexus IS>>Statement of Work 2.4 Documentation and Deliverables It is important to note that all documentation will be developed during the duration of the project. As a part of this SOW the below documentation will be provided. To customer from Nexus: Statement of Work As-Built Documentation Software CDs and System Technical Documentation CDs To Nexus IS from customer: 2.5 Knowledge Transfer It is intended that the customer will designate appropriate personnel who are familiar with the project details and who will continue to maintain the systems after cutover. The knowledge transfer session(s) provide the basic understanding of how your system(s) operate. Knowledge transfer DOES NOT provide expert and/or advanced functionality administration. Client should NOT expect to troubleshoot advanced situations and upgrade their system(s) without assistance from Nexus. Nexus will provide four (4) administrative knowledge transfer session, for up to four (4) hours each, to accommodate up to six (6) attendees. The four sessions will cover PBX System Administration; Contact Center System Administration; Voice Mail System Administration and Call Accounting System Administration. This session will be conducted on the day after completion of go live support. If a lot of supervised (over-the-shoulder) knowledge transfer occurs during implementation, the amount of time spent on administrative knowledge transfer may vary. Signed Statement of Work Signed In-Service Acknowledgement Form 2.6 Cutover and first day in Service This statement of work and associated proposal provides for on-site cut over and first day in service support. 2~7 Project Completion Acceptance Criteria for this project are as follows: Successful deployment of SV8500 server connected to existing LAN Successful implementation of the City Hall Telephones and Telco Services Successful integration to the Unified Messaging Platform Successful integration to the UCB Contact Center Successful testing of all trunks Successful testing of CCIS Features Successful capture of SMDR records from all systems on Metropolis Call Accounting Successful backup of the City Hall SV8500 system database CITY OF SAN BERNARDINO- Statement of Work Page 8 of 17 19.b Packet Pg. 617 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Nexus IS>>Statement of Work Clean up and removal of old system components, delivered to a City of San Bernardino's representative As-Built Documentation and all system media delivered to City of San Bernardino's representative. In order to refuse acceptance of the services performed, CITY OF SAN BERNARDINO must provide Nexus with full details that show that services do not conform to the SOW. Nexus shall address such non- conformance in a timely manner. Nexus shall compile an action plan to correct any deficiencies and the process for acceptance detailed herein shall be repeated until such time as all deficiencies have been resolved and the services meet the requirements of the SOW. Acceptance may not be withheld due to defects in services that do not represent a material non-conformance with the requirements of the SOW. At the conclusion of the project, CITY OF SAN BERNARDINO will have deployed a solution as described throughout the various applicable contractual documents including but not limited to this Statement of Work. As acknowledgement that the system has been placed into commercial operation, CITY OF SAN BERNARDINO will sign an "In-service Acknowledgement" form, which may list certain minor items that were not yet able to be deployed. These items (if any) will also have documented due dates for the expected completion date. Other items listed could include as-built documentation and or drawings as applicable based on what was purchased in the agreement. 2.8 Post cutover Support Options The proposal includes 1 year of software support from the manufacturer. Nexus recommends that each Client consider the appropriate level of support for their implementation. The Nexus Support Services NTAC) organizations are dedicated to providing several options that are designed to assist with your continued success after this consulting engagement has ended. Options for continued support can be discussed with your Account Executive and quoted at any time before, during or after the engagement. CITY OF SAN BERNARDINO- Statement of Work Page 9 of 17 19.b Packet Pg. 618 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Nexus IS>>Statement of Work 3 Assumptions and Responsibilities The following assumptions were made to create this Statement of Work. Should any of these assumptions prove to be incorrect or incomplete then Nexus will request a change from THE CITY.. Any such modifications shall be managed by the Change Management Procedure described in Section 5. 3.1 General Assumptions Project duration will be heavily dependent on equipment delivery and client readiness levels. VPN access will be provided to Nexus resources (via WEB EX) to allow for work to be accomplished remotely when applicable. The quality of a VolP call depends on many factors, including network traffic, LANIWAN engineering (ie- setting up OoS across network, CODECS being used), and network carrier facilities. Business voice quality can be achieved with proper engineering and carrier SLA's in place (when involving WAN), but is not 100% guaranteed. Nexus understands that THE CITY. is currently waiting on budget approval for planned network upgrades. Current network performance is unknown. In order for VOIP quality to sustain acceptable levels, please note that Nexus IS recommends customers maintain SLA's with their network service provider for WAN services. Nexus IS cannot be held responsible for voice quality issues if the following network guidelines are not consistently met by the CUSTOMER and the network and/or the network service provider: o Network delay - maximum 180ms one-way between endpoints; o Network Jitter - <20ms between endpoints; o Packet Loss - maximum 1% between endpoints. o The network service provider should provide documentation of these parameters in order to verify that these guidelines are being met for WAN services. 3.2 Server Assumptions It is assumed that the SV8500 software will be deployed on all-new server equipment (server provided within this proposed scope). Customer will provide rack space and a UPS for the server along with an Ethernet switch port and two static IP addresses for the NEC SV8500 (this server). Customer will provide Nexus resources with IP addresses and a Guest Administrative account during the duration of the project as well as VPN access for ongoing System Administration. 3.3 Customer Responsibilities Client will appoint and make available a single point of contact or project manager designated to work with Nexus for all aspects related to the completion of Services. Client agrees that the SP~C will have authority to act on behalf of Client. Client will provide access to staff resources (dedicated or part time). Client shall ensure that adequate access to workspace and resources (Le. Internet, telephone, etc.) is available at each facility where services will be provided by Nexus CITY OF SAN BERNARDINO- Statement of Work Page 10 of 17 19.b Packet Pg. 619 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Nexus IS>>Statement of Work Client will be responsible for all Network related configuration including VLANS. Customer will provide Nexus resources with IP addresses and a Guest Administrative account during the duration of the project as well as VPN access for ongoing System Administration. 3.4 Nexus Responsibilities Nexus will ensure that consultants assigned to this project are certified and knowledgeable in the products and technologies outlined in this SOW. Nexus will ensure that project issues are brought to the attention of the Client point of contact or project manager in a timely manner to ensure timely resolution with minimal Customer impact to the project timeline. 3.5 Project Management Responsibilities Upon execution of this SOW by both parties and Nexus' receipt of the executed SOW, signed Schedule A and Purchase Agreement from the customer, Nexus will determine the optimal start date and cutover/delivery date based on discussions with the Nexus sales team, project coordination resource, Nexus technical resources, and the customer. All Proiect manaaement will be performed remotelv. Status meetings/conference calls will typically be driven by the Nexus Project Manager. The Project Manager will organize and coordinate the following tasks including but not limited to: The procurement, staging and delivery of the equipment purchased The scheduling of Nexus resources The coordination of required customer resources and associated tasks The planning of installation activities utilizing the timeline established after the kick off meeting as the guide Act as the single point of contact for change control, escalation and acceptance activities for the implementation team efforts defined within this SOW. 3.6 Project Kickoff The purpose of the project kickoff meeting is to transition the project from the design and purchase process to the implementation phase. The agenda of the meeting will include the review of the contract terms, and key project task areas. The key stakeholders need to attend to agree on roles and responsibilities, establish joint planning, and define short-term deliverables for both Nexus and the Customer. This is typically a remote meeting with the added attendance of the Nexus Advance Solutions Executive, Sales Engineer and Deployment Engineer(s) either live or remotely, as well as the customers' key stakeholders. At a minimum, the agenda will also include the following planning activities: Validate the Bill of Materials as itemized on the agreement Review various other specifics of this Statement of Work Develop & verify the contact and escalation list CITY OF SAN BERNARDINO- Statement of Work Page 11 of 17 19.b Packet Pg. 620 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Nexus IS>> Statement of Work Communication plan that defines the understanding as to how Nexus and the customer agree to communicate on all project related information ranging from non-critical information to critical information. Change Management Plan. This is how Nexus and the customer will manage changes during the project lifecycle. It is common for changes to occur during a project for a multitude of reasons and it is vital that a plan is in place to document and execute changes on a written change order as they arise. If changes occur that have an impact on the initial timeline, the Project Manager will make changes to reflect any associated milestone impacts that may arise as the direct result of the change(s). Site test, acceptance process and criteria based on the scope of the project CITY OF SAN BERNARDINO. Statement of Work Page 12 of17 19.b Packet Pg. 621 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Nexus IS>>Statement of Work 4 Project Team & Estimated Duration This section is an overview of the proposed project team, from a Nexus IS and client perspective, which is deemed necessary to complete the project. Nexus Project Manager Nexus Systems Engineer Nexus Systems Support Team (engaged as needed) CITY OF SAN BERNARDINO technical lead 4.1 Proposed Schedule The proposed start date provided in this statement of work is an estimate. The Project start date can be confirmed only after a signed copy of this agreement, along with a copy of a purchase order, are submitted to Nexus. Unless otherwise agreed upon by both parties, Nexus Professional Services generally require two (2) weeks' lead time to start a project. Once confirmed, changes to the scheduling of a project phase will be subject to terms outlined in the Cancellation Policy' section. The consulting services included in this project are based on a continuous work effort with no interruptions in team resource allocation. A "day" is defined as eight (8) hours of work conducted between 8am and 5pm in the local time zone. The work schedule may be adjusted by mutual agreement to accommodate Client work hours or special circumstances. Nexus will present a Project Schedule as a first deliverable once the SOW and Purchase agreements have been signed. CITY OF SAN BERNARDINO- Statement of Work Page 13 of17 19.b Packet Pg. 622 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Nexus IS>>Statement of Work 5 Change Control It may become necessary to amend this SOW for reasons including, but not limited to, the following: CITY OF SAN BERNARDINO changes to the SOW and/or specifications for the services. CITY OF SAN BERNARDINO changes to the project plan. Unavailability of resources that are beyond either party's control. Environmental or architectural conditions not previously identified. In the event either party desires to change this SOW, the following procedures shall apply: The party requesting the change will deliver a Change Order Form to the other party. The Change Order Form will describe the nature of the change, the reason for the change, and the effect the change will have on the Statement of work, which may include changes to the deliverables and/or the schedule. A Change Order Form may be initiated either by the Customer or by Nexus for any changes to the SOW. The Project Coordinator of the requesting party will review the proposed change with his/her counterpart. The parties will evaluate the Change Order Form and negotiate in good faith the changes to the services and the additional charges, if any, required to implement the change order. If both parties agree to implement the change order, the appropriate authorized representatives of the parties will sign the change order, indicating the acceptance of the changes by the parties. Upon execution of the Change Order Form, the Change Order Form will be incorporated into the SOW. Nexus is under no obligation to proceed with the Change Order Form until such time as the Change Order Form has been agreed upon by both parties. Payment terms for all change orders are due within net 30 days of receipt of invoice. CITY OF SAN BERNARDINO- Statement of Work Page 14 of 17 19.b Packet Pg. 623 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Nexus IS))Statement of Work 6 Pricing Client is responsible for issuing a purchase order for both the project cost as well as estimated expenses listed below) no later than thirty (30) business days prior to the start of the engagement. Equipment Total Sales Tax 8.75% Warranty (1 year) Shipping and Handling Labor/Services Total Total Investment 229,850.20 20,686.52 11,492.51 4,598.00 129.433.49 396,060.72 CITY OF SAN BERNARDINO- Statement of Work Page 15 of17 19.b Packet Pg. 624 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Nexus IS>>Statement of Work 7 Payment Terms and Conditions PAYMENT TERMS:Customer Initials 500/0 Due at signing 400/0 Due upon the receipt of Majority (+900/0) of materials 100/0 Due on Substantial Completion Project Completion Upon Nexus' completion of the professional services, Nexus shall notify City of San Bernardino of completion of a specific milestone or service performed by providing an In-Service Acknowledgement Form. City of San Bernardino has five (5) working days from the receipt of the In-Service Acknowledgement Form to schedule appropriate personnel to review the particular milestone or services performed and sign the In-Service Acknowledgement Form. Signing of the In-Service Acknowledgement Form, or City of San Bernardino's failure to respond to the form within the designated five (5) day period, signifies City of San Bernardino's acceptance of the milestone and that services have been performed as described in the In-Service Acknowledgement Form and in accordance with the SoW. In order to refuse acceptance of the services performed, City of San Bernardino must provide Nexus with full details that show that services do not conform to the SoW. Nexus shall address such non- conformance in a timely manner. Nexus shall compile an action plan to correct any deficiencies and the process for acceptance detailed herein shall be repeated until such time as all deficiencies have been resolved and the services meet the requirements of the SoW. Acceptance may not be withheld due to defects in services that do not represent a material non-conformance with the requirements of the SoW. At the conclusion of this project, City of San Bernardino will have deployed a solution as described throughout the various applicable contractual documents including but not limited to this Scope of Work. As acknowledgement that the system has been placed into commercial operation, City of San Bernardino will sign an "In-service Acknowledgement" form, which may list certain minor items that were not yet able to be deployed. These items (if any) will also have documented due dates for the expected completion date. Other items listed could include as-built documentation and or drawings as applicable based on wha\ was purchased in the agreement. Nexus IS Inc. warrants that the services shall be provided by competent personnel in accordance with applicable professional standards CITY OF SAN BERNARDINO- Statement of Work Page 16 of17 19.b Packet Pg. 625 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Nexus IS)) 2011-18 Statement of Work Statement of Work Sign off City of ~~(\. Ber,n~'dlno Agreement of Terms v/:~:r...~ I do hereby agree to the solution as set forth within this Statement of Work. Name: JUf/U ~ /3?t<yd../ Title:JpV(l-~ J7 Pn:dW Signature: (/' AJ -61./ //_,~ /1?JF~ l/ Date: APPROVED AS TO FORMa James F. PenlD8Dt City Attorney J(\I~A.~eeme,nt I do hereby agree to the solution as set forth within this Statement of Work. Name: 1:::>0..,,,,~.-e1 ~~~l~ TItle~~ ~\~. Signature: _ - _ --' ~ Date: \. "1-~.. ~O\\ CITY OF SAN BERNARDINO- Statement of Work Page 17 of 17 19.b Packet Pg. 626 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 N E l;c~o~,>> System Line Item List for City of San Bernardino SCHEDULE A - ORDER SUMMARY - SV8500 System MDxx to SV8500 Migration reusing existing Digital interface cards. Chipkit upgrade for Digital cards included. LINE # PART # QTY DESCRIPTION Sffotal Unit Pre Order I 8500001 I SV8500 SYSTEM (MIGRATION) 1,477,98 1,477,98 2 8510000 I SV8500 DVD 16.07 16.07 3 8510005 I 85-106 S3 MAIN SYSTEM 1,445.85 1,445.85 4 8510100 I SV8500 GENERIC SOFTWARE L1CENS 68.76 68.76 5 8510401 I SV8500 CCIS/FCCS NETWORK OPTIO 2,054.71 2,054.71 6 8510800 65 SV8500 IP ENDPOINT LICENSE 1,545.45 23.78 7 8510999 8 SV8500 384 PORT CAPACITY OPTIO 11,566.80 1,445.85 8 8520001 2 SCF-CPOO-A 10,233.41 5,116.70 9 8520004 2 SNI753 PWRMAC 1,461.92 730.96 10 8520005 I SCG-PCOO-A 908.48 908.48 II 8520006 I SCG-MOO-A 375.92 375.92 12 8520009 2 SCG-GTOI-A 1,127.76 563.88 13 8520010 I SCG-IOOO-A 824.94 824.94 14 8520011 7 UNIVERGE SV8500 PIR 9,794.83 1,399.26 15 8520012 I UNIVERGE SV8500 TSWR 4,072.48 4,072.48 16 8520014 2 UNlVERGE SV8500 F ANU(V) 1,545.45 772.73 17 8520016 3 SNI749 BASEUD-A 1,472.36 490.79 18 8520022 I SV8500 L-SPARE FUSE A 137.20 137.20 19 8520023 2 UNIV +80 V MESSAGE POWER UNIT- 1,024.95 512.47 20 8520025 2 CF-2G-A PROGRAMMED 438.57 219.29 21 8520027 I SCG-M02-A 465.89 465.89 22 8522001 4 SPH-SWI2 TSW-UA 7,306.36 1,826.59 23 8522002 14 PH-PC36 5,244.90 374.64 24 8522004 7 PA-PW55-C 2,402.04 343.15 25 8522005 7 PA-PW54-C 3,200.47 457.21 26 8522006 2 PH-PWI4 387.49 193,74 27 8522007 2 SPH-GT09 1,096.28 548.14 28 8522008 2 SPA-8RSTAD-A 1,664.33 832.17 29 8522012 I SPA-4DATBA-B 451.43 451.43 30 8522023 2 PH-CK20 PLO 1,187.52 593.76 31 8522028 2 SPH-PC20B-A 806.46 403.23 32 8524003 2 SPA-16COTBEB-A 3,378.79 1,689.40 33 8524005 I SPA-DTIC-A 1,278.45 1,278.45 34 8524008 2 SPA-PRTC-B 5,022.56 2,511.28 35 8524011 I SPA-32IPPADB 2,465.66 2,465.66 36 8525008 I SN716 DESK CONSOLE PACKAGE 947.19 947.19 37 8528005 I DI5F EXALM CA-A 91.89 91.89 38 8528006 5 015 ST CA-A 349.82 69.96 39 8528010 14 MT24-D25 CA-A 950.24 67.87 40 8528011 14 037-025 CA-A 2,251.35 160.81 41 8528012 2 037 EXCLK CA-A 313.27 156.63 42 8528013 2 037-SC50 CA-B 329.98 164.99 43 8528014 2 015 ST-FCA-C 288.21 144.10 44 8528015 7 3P PWR CA-A 146.19 20.88 45 8528016 7 3P PWR CA-B 146.19 20.88 46 8528017 I SV 4PORT CA-A 250.61 250.61 47 8528019 3 SV8500 GC POWER CABLE KIT - DC 120.49 40.16 48 8528020 I 015 ST CA(S)-A 73.10 73.10 49 8528400 I 2400 RS-232C CA-I 40.81 40.81 50 8530201 2 SPA-16ELCN-C 4,488.56 2,244.28 51 8535100 5 CHIP KIT SP-3125 (16ELCH PROG- 963.90 192.78 52 8535103 I CHIP KIT SP-3935 (16ELCJB PROG 240.98 240.98 53 8535250 I CHIP KIT SP-3010 (24DTR PROG-A 38.56 38.56 54 8535285 5 CHIP KIT SW-2OO (24CCT PROG-A) 192.78 38.56 55 8540091 I SV8500 REPLACING MMG SYSTEM 0.00 0.00 56 8540100 I SV8500 LICENSE TRANSFER 1,606.50 1,606.50 57 APPLICATION SERVER ITEMS 58 542216 2 EXPRESS5800 2U1WIN OS/SILVER 7,966.01 3,983.00 59 APPS I ITEMS 60 225316 I UCB 5.0 CORE SW (USB) 54.40 54.40 61 225200 1200 UC4B PER USER LICENSE 15,541.58 12.95 62 225201 I CT CONTROL-5 USER BASE 3,899.21 3,899.21 63 225202 15 CT CONTROL-5 USER AO 16,363.99 1,090.93 64 225204 I AGENT DESKTOP-5 USER BASE 2,746.54 2,746.54 65 225205 15 AGENT DESKTOP-5 USER AO 16,363.99 1,090.93 66 225207 I CUSTOM ANNOUNCE-4 PORT BASE 5,070.0 I 5,070.0 I 67 225208 3 CUSTOM ANNOUNCE-4 PORT AO 5,082.10 1,694.03 68 225210 I CALLBACK-PER SITE LICENSE 7,033.86 7,033.86 69 225236 I NEC SOFT PORTS ENABLED(FIRST 4 482.22 482.22 70 225237 9 NEC SFT PTS ENABLED(PER AO 4 P 5,777.58 64 1.95 71 225239 I DASHBOARD-5 USER BASE 962.28 962.28 72 225248 I CONSOLE-I USER BASE 1,813.18 1,813.18 73 TERMINAL ITEMS 74 680010 26 DTL-8LD-I (BK) TEL 4,076.28 156.78 75 780135 I AC-2R 11.23 11.23 76 220500301 I MNT UCB/QM I-YEAR CONTRACT 0.00 0.00 77 390000301 I MNT SINGLE YEAR CONTRACT 0.00 0.00 78 ASSOCIA TE MAINTENANCE ITEMS lof2 copy ofMQ356516-1-2 City of San Bernardino SV8500 migration reusing existing NisiIal\BcjdlB:~<I'IlJjJIidiFtIlilll81Btion 1/19/2011 19.b Packet Pg. 627 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 N E ,~~~ ~.,~)System Line Item List for City of San Bernardino SCHEDULE A - ORDER SUMMAR Y - SV8500 System MDxx to SV8500 Migration reusing existing Digital interface cards. Chipkit upgrade for Digital cards included. LINE # PART # QTY DESCRIPTION 79 220500081 809 MNT UCB/QM SW PREMIUM APS I 80 8510999081 96 MNT SV8500 SW PREMIUM APS 81 Miscellaneous Installation Hardware 82 'iEX-25PX50I 80DEC 86 25PX50-180 Amphenol Cables 83 AMP-558842-1 I AMP 100-Pair II OConnect Wiring Block 84 AMP-558402-1 450 AMP II0Connect 5-Pair Terminating Block 85 AMP-558843-1 7 AMP 300-Pair II0Connect Wiring Block 86 Metropolis Call Accountin!! Hardware & Software 87 OfficeWatch Enterprise Software (Needed for Munt Site) 88 OWE2000 OfficeWatch Enterprise Software Up to 2000 Extensions 89 Chatsworth Equipment Racks 90 55053-503 Chatsworth 19" X 7' Standard Floor Equipment Rack 91 999999 Miscellaneous Material Per Rack 92 Miscellaneous EQuinment 93 NEC-200208 32 SPA-16LCBJ-B 94 Credits 95 9999999 NEC Software Discount 96 Sffotal Unit Pre Order 11,649.60 14.40 6,220.80 64.80 3,508.80 14.40 29 \.60 200.76 40.80 14.40 0.65 28.68 11,021.25 11,021.25 111.61 60.00 111.61 60.00 16,896.00 528.00 15,152.19 0.00 Equipment Total Sales Tax 9% Warranty Shipping and Handling Labor/Services Total Total Investment 229,850.20 20,686.52 11,492.51 4,598.00 129.433.49 396,060.71 This price includes material, installation labor, 9% sales tax, and a one year warranty. This quote is valid until Sunday, March 20, 2011 Authorized Nexus IS Entity Signature Payment Terml 50% / $198030.36 Payment Term2 40% / $158424.28 Payment Term3 10% / $39606.07 Payment Term4 0% / $0 Authorized Customer Signature The Customer's signature acknowledges that the Customer has read and accepted the terms and conditions of the above referenced contract, the customer authorizes Nexus IS to obtain credit information prior to accepting this order. Copy ofMQ356516-1-2 City of San Bernardino SV8500 migration reusing existing N;p.lISQJliB:J<PIbJ>tidlll1llillllltlli11on 20f2 1/19/2011 19.b Packet Pg. 628 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) l 2011-18 Im~,~f:-_..~~. u W/ r~ 1....) . I! !....' 1 NEW TELEPHONE EQUIPMENTPURCHASE I u q ... 31 2811 MEMORANDUM OF UNDERSTANDING I-~. _~'_,_"_,' _;--m_ THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this 24th day of 1 1 2 3 4 January, 2011, by and between the City of San Bernardino, a charter city (City) and San Bernardino Board of 5 Water Commissioners, by and through the City of San Bernardino Municipal Water Department. (Department), 6 sometimes jointly referred to herein as the "Parties". 7 Recitations: 8 WHEREAS, the City and the Department are discrete entities pursuant to the Charter of the City of San 9 Bernardino; and 10 WHEREAS, both Parties agree that the existing telephone system cannot offer the type of technology 11 necessary to effectively support the requirements of existing customers of the Department or the citizens of the 12 City; and, 13 WHEREAS, both Parties agree that a complete replacement of the telephone system at this time would 14 be very costly and would require installation of new cable; and 15 WHEREAS, both Parties seek to address the most immediate needs of the either Party and to address 16 the life span of the existing telephone system hardware; and 1 7 WHEREAS, it is acknowledged that a phased upgrade to the existing telephone system resulting in an 18 immediate improvement of the core telephone switch hardware and software in City Hall is more cost effective 19 in the near term; and 20 WHEREAS, this minimum upgrade would position the Parties to allow for the reuse of most of the 21 existing telephone hardware until such time a system overall can be implemented; and 2 2 WHEREAS, The Department has agreed to fully purchase the proposed telephone switch upgrade at a 23 total approximate cost of $400,000 and the City has agreed to pay the Department its share of ownership in the 24 upgrade $220,000 (55%); and 25 NOW THEREFORE, it is hereby agreed by the Parties as follows: 26 1. ACQUISITION. The Department shall fully purchase the proposed telephone switch upgrade at a total 27 cost of $400,000 from the Nexus Corporation before March 30, 2011. 28 2. TERMS: The City shall pay the Department $44,000 on or before January 30,2012 and hereinafter annually for a term of five years totaling $220,000 at the conclusion of the five year payment plan in January Page 1 of 2 19.b Packet Pg. 629 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 25 26 27 28 2011-18 1 2017. Both Parties' respective share of ownership shall be established upon the immediate purchase of the 2 telephone upgrade by the Department. 3 3. FEATURES: The initial features include a schedule of work as attached in Exhibit A. The Department 4 shall pay for any additional functional features of the telephone system that they deem to use for their specific 5 needs. The purchase of additional telephone functions to the system upgrade does not change the percentage of 6 ownership of either party. 7 4. MAINTENANCE: Any maintenance costs that not covered by existing maintenance agreements shall be 8 paid for by both Parties based on their respective share of ownership. 9 5. LIABILITY: The City shall bear all costs and shall indemnify and hold harmless the Board and its agents 10 of any claim, action or liability arising from the creation of this document or performance of the requirements 11 hereof by the Parties. 12 This MOU is executed by and between the City and the Department for the provision of services defined 13 above. 14 15 16 CITY OF SAN BERNARDINO BOARD OF WATER COMMISSIONERS 17 Date: I / z,r. I ;LDI I TO~~S~) rv y(~~ Robin L. Ohama, Deputy City Clerk & Ex-Officio Secretary 18 19 20 Date:. I/J..~/JI 21 22 23 Date:cR~-lk_ 24 Approved as to Form:ATTEST: R chel Clark, City ClerkaesF. Penman, City Attorney Page 2 of 2 19.b Packet Pg. 630 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 2011-18 Exhibit ANEl~p~G~'~~ System Line Item List for City of San Bernardino SCHEDULE A - ORDER SUMMARY -SV8500System MDxx to SV8500 Migration reusing existing Digital interface cards. Chipkit upgrade for Digital cards included.LINE # PART # TY DESCRIPTION I 5 I V 5 TEM MIG ,77. I, 77.928510000ISV8500DVD16.07 16.0738510005I85-106 S3 MAIN SYSTEM 1,445.85 1,445.8548510100ISV8500GENERICSOFTWARELICENS68.76 68.7658510401ISV8500CCIS/FCCS NETWORK OPTIO 2,054.71 2,054.716851080065SV8500IPENDPOINTLICENSE1,545.45 23.78785109998SV8500384PORTCAPACITYOPTIO11,566.80 1,445.85885200012SCF-CPOO-A 10,233.41 5,116.70985200042SNI753PWRMAC1,461.92 730.96108520005ISCG-PCOO-A 908.48 908.48II8520006ISCG-MOO-A 375.92 375.921285200092SCG-GTOI-A 1,127.76 563.88138520010ISCG-IOOO-A 824.94 824.941485200117UNIVERGESV8500PIR9,794.83 1,399.26158520012IUNIVERGESV8500TSWR4,072.48 4,072.481685200142UNIVERGESV8500FANU(V) 1,545.45 772. 731785200163SNI749BASEUD-A 1,472.36 490.79188520022ISV8500L-SPARE FUSE A 137.20 137.201985200232UNIV +80 V MESSAGE POWER UNIT- 1,024.95 512.472085200252CF-2G-A PROGRAMMED 438.57 219.29218520027ISCG-M02-A 465.89 465.892285220014SPH-SWI2 TSW-UA 7,306.36 1,826.5923852200214PH-PC36 5,244.90 374.642485220047PA-PW55-C 2,402.04 343.152585220057PA-PW54-C 3,200.47 457.212685220062PH-PWI4 387.49 193.742785220072SPH-GT09 1,096.28 548.142885220082SPA-8RSTAD-A 1,664.33 832.17298522012ISPA-4DATBA-B 451.43 451.433085220232PH-CK20 PLO 1,187.52 593.763185220282SPH-PC20B-A 806.46 403.233285240032SPA-16COTBEB-A 3,378.79 1,689.40338524005ISPA-DTIC-A 1,278.45 1,278.453485240082SPA-PRTC-B 5,022.56 2,511.28358524011ISPA-32IPPADB 2,465.66 2,465.66368525008ISN716DESKCONSOLEPACKAGE947.19 947.19378528005IDI5FEXALMCA-A 91.89 91.893885280065015STCA-A 349.82 69.9639852801014MT24-025 CA-A 950.24 67.874085280II14037-025 CA-A 2,251.35 160.814185280122037EXCLKCA-A 313.27 156.634285280132D37-SC50 CA-B 329.98 164.994385280142015ST-F CA-C 288.21 144.1044852801573PPWRCA-A 146.19 20.8845852801673PPWRCA-B 146.19 20.88468528017ISV4PORTCA-A 250.61 250.614785280193SV8500GCPOWERCABLEKIT - DC 120.49 40.16488528020I015STCA(S)-A 73.10 73.10498528400I2400RS-232C CA-I 40.81 40.815085302012SPA-16ELCN-C 4,488.56 2,244.285185351005CIDPKITSP-3125 (16ELCH PROG- 963.90 192.78528535103ICIDPKITSP-3935 (16ELCJB PROG 240.98 240.98538535250ICHIPKITSP-3010 (24DTR PROG-A 38.56 38.565485352855CHIPKITSW-200 (24CCT PROG-A) 192.78 38.56558540091ISV8500REPLACINGMMGSYSTEM0.00 0.00568540100ISV8500LICENSETRANSFER1,606.50 1,606.5057APPLICATIONSERVERITEMS 58 542216 2 EXPRESS5800 2U/WIN OS/SILVER 7,966.01 3,983.0059APPSIITEMS 60 225316 I UCB 5.0 CORE SW (USB) 54.40 54.40612252001200UC4BPERUSERLICENSE15,541.58 12.9562225201ICTCONTROL-5 USER BASE 3,899.21 3,899.216322520215CTCONTROL-5 USER AO 16,363.99 1,090.9364225204IAGENTDESKTOP-5 USER BASE 2,746.54 2,746.546522520515AGENTDESKTOP-5 USER AO 16,363.99 1,090.9366225207ICUSTOMANNOUNCE-4 PORT BASE 5,070.01 5,070.01672252083CUSTOMANNOUNCE-4 PORT AO 5,082.10 1,694.0368225210ICALLBACK-PER SITE LICENSE 7,033.86 7,033.8669225236INECSOFTPORTSENABLED(FIRST 4 482.22 482.22702252379NECSFTPTSENABLED(PER AO 4 P 5,777.58 641.9571225239IDASHBOARD-5 USER BASE 962.28 962.2872225248ICONSOLE-I USER BASE 1,813.18 1,813.1873TERMINALITEMS 74 680010 26 DTL-8LD-I (BK) TEL 4,076.28 156.7875780135IAC-2R 11.23 11.2376220500301IMNTUCB/QM I-YEAR CONTRACT 0.00 0.0077390000301IMNTSINGLEYEARCONTRACT0.00 0.0078ASSOCIATEMAINTENANCEITEMS 10f2CopyofMQ356516-1-2 City of San Bernardino SV8500 migration reusing existing NisilaI!&lrIiB:~~lidlbj llilll8>fiItion 1/19/2011 19.b Packet Pg. 631 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) N E l;e!J)~,~~., 2011-18 System Line Item List for City of San Bernardino SCHEDULE A - ORDER SUMMARY - SV8500 System MDxx to SV8500 Migration reusing existing Digital interface cards. Chipkit upgrade for Digital cards included.LINE # PART # TV DESCRIPTION 79 220500081 809 MNT UCB/QM SW PREMIUM APS I80851099908196MNTSV8500SWPREMIUMAPS81MiscellaneousInstallationHardware82 'iEX-25PX50180DEC 86 25PX50-180 Arnphenol Cables83AMP-558842-1 I AMP 100-Pair II0Connect Wiring Block84AMP-558402-1 450 AMP II0Connect 5-Pair Terminating Block85AMP-558843-1 7 AMP 300-Pair llOConnect Wiring Block86MetrooolisCallAccountinl! Hardware & Software87OfficeWatchEnteroriseSoftware (Needed for Mulit Site)88 OWE2000 OfficeWatch Enterprise Software Up to 2000 Extensions89ChatsworthEouiomentRacks9055053-503 Chatsworth 19" X 7' Standard Floor Equipment Rack91999999MiscellaneousMaterialPerRack92MiscellaneousEouioment 93 NEC-200208 32 SPA-16LCBJ-B 94 Cn~~ 95 9999999 NEC Software Discount96 Total Unit Pre Order 11,649.60 14.40 6,220.80 64.80 3,508.80 14.40 291.60 200.76 40.80 14.40 0.65 28.68 11 ,021.25 11 ,021.25 111.61 60.00 111.61 60.00 16,896.00 528.00 15,152.19 0.00 EquIpment Total Sales Tax 9% Warranty Shipping and Handling Labor/Services Total Total Investment 229,850.20 20,686.52 11,492.51 4,598.00 129.433.49 396,060.71 This price includes material, installation labor, 9% sales tax, and a one year warranty.This quote is valid until Sunday, March 20, 2011 Authorized Customer Signature Payment Terml 50% / $198030.36 Payment Term2 40% / $158424.28 Payment Term3 10% / $39606.07 Payment Term4 0% / $0AuthorizedNexusISEntitySignature The Customer's signature acknowledges that the Customer has read and accepted the terms and conditions of the abovereferencedcontract, the customer authorizes Nexus IS to obtain credit information prior to accepting this order. Copy ofMQ356516-1-2 City of San Bernardino SV8500 migration reusing existing lil_ll/ijdla;J~liiIlllhtiIIion 20f2 1/19/2011 19.b Packet Pg. 632 Attachment: Attachment 2 - Original Agreement dated January 24, 2011 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) 19.cPacket Pg. 633Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 634Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 635Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 636Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 637Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 638Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 639Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 640Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 641Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 642Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 643Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 644Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 645Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 646Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 647Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 648Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All 19.cPacket Pg. 649Attachment: Attachment 3 - Amendment dated November 14, 2018 (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All San Bernardino, CA Amendment 033121.doc AMENDMENT This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc., a Delaware corporation with offices at 840 West Long Lake Road, Troy, MI 48098 (“Tyler”) and City of San Bernardino, with offices at 710 N. D Street, San Bernardino, CA 92401-1112 (“Client”). WHEREAS, Tyler and the Client are parties to a License Agreement with an effective date of January 27, 2011 (the “Agreement”); WHEREAS, Tyler and Client now desire to amend the Agreement; NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows: 1. The software and services set forth in Exhibit 1 and 2 to this Amendment are hereby added to the Agreement. 2. The terms and conditions contained in Exhibit 2, including the associated schedules thereto, only apply to the Brazos Components listed in the Amendment Investment Summary. 3. The following payment terms, as applicable, shall apply: a. License Fees: License fees are invoiced upon the Amendment Effective Date. b. Maintenance and Support Fees: Maintenance and support fees for the first annual term are included in the license fees. Subsequent maintenance and support fees, at Tyler’s then-current rates, are invoiced annually in advance on the anniversary of the Amendment Effective Date. c. Hosting Fees: Hosting Fees for the Tyler Software identified on the Amendment Investment Summary, are waived for the first annual term. Beginning year two (2), Hosting Fees, at the rate listed in the Amendment Exhibit 1, are invoiced on the anniversary date of the Amendment Effective Date and will renew automatically for additional one (1) year terms at our then-current Hosting Services fee, unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current term. d. Third Party Hardware: Third Party Hardware costs are invoiced upon delivery. e. Expenses: The service rates in the Amendment Investment Summary do not include travel expenses. Expenses will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached as Exhibit 3. Copies of receipts will be provided on an exception basis for an administrative fee. Receipts for mileage or miscellaneous items less than twenty-five dollars are not available. 4. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement. 5. All other terms and conditions of the Agreement shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS] 19.d Packet Pg. 650 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) San Bernardino, CA Amendment 033121.doc IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Amendment as of the date of signature of the last party to sign as indicated below. Tyler Technologies, Inc. City of San Bernardino, CA By: By: Name: Name: Title: Title: Date: Date: 19.d Packet Pg. 651 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) San Bernardino, CA Amendment 033121.doc Exhibit 1 Amendment Investment Summary The following Amendment Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Amendment Investment Summary is effective as of the Amendment Effective Date REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 19.d Packet Pg. 652 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) San Bernardino, CA Amendment 033121.doc 19.d Packet Pg. 653 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with San Bernardino, CA Amendment 033121.doc 19.d Packet Pg. 654 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with San Bernardino, CA Amendment 033121.doc 19.d Packet Pg. 655 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with San Bernardino, CA Amendment 033121.doc 19.d Packet Pg. 656 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with San Bernardino, CA Amendment 033121.doc 19.d Packet Pg. 657 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with San Bernardino, CA Amendment 033121.doc Exhibit 2 Additional Terms for Brazos Components We will provide you with the Brazos components of Tyler Software indicated in the Amendment Investment Summary. The terms and conditions contained in this document only apply to our provision of those applications. Capitalized terms not otherwise defined will have the meaning assigned to such terms in your License and Services Agreement. 1. Additional Definitions. The following definitions shall apply to this Exhibit: 1.1. “Brazos Components” means the Brazos software components of Tyler Software identified in the Amendment Investment Summary. 1.2. “Hosting Services” means the hosting services Tyler will provide for the Brazos Components for the fees set forth in the Amendment Investment Summary. Terms and Conditions for the Hosting Services are set forth in this exhibit. 1.3. “SLA” means the service level agreement applicable to the Hosting Services for the Brazos Components. A copy of Tyler’s current SLA is attached hereto as Schedule 1 to this exhibit. 1.4. “Third Party Services” means the services provided by third parties, if any, identified in the Amendment Investment Summary. 2. Hosting Terms for Brazos Components. 2.1. We will either host or engage Third Party Services in order to host the Brazos Components set forth in the Amendment Investment Summary for the fees set forth therein. You agree to pay those fees according to the terms of the Invoicing and Payment Policy. In exchange for those fees, we agree to provide the Hosting Services according to the terms and conditions set forth in this Exhibit, and the other applicable terms of this Amendment. If you fail to pay those fees, we reserve the right to suspend delivery of the applicable Hosting Services after advance written notice to you of our intention to do so. 2.2. In our sole discretion, we may elect to migrate the Hosting Services to a replacement system (including our own) and will undertake reasonable efforts to complete such transfer during maintenance windows as set forth in the SLA. We will undertake reasonable efforts to provide you with advance written notice of any such transfer. You agree to provide all reasonable assistance and access in connection with any such transfer. In the event the Brazos Components are transferred to our data center and we provide hosting services directly to you, the terms of the SLA will also apply. 2.3. The initial term for the Hosting Services is one (1) year. Thereafter, the term will renew automatically for additional one (1) year terms, unless terminated by either party at least thirty (30) days in advance of the upcoming renewal date. 2.4. Where applicable, we will perform or cause to have performed upgrades of the applications, hardware, and operating systems that support the Hosting Services. These upgrades are performed in commercially reasonable timeframes and in coordination with third-party releases and certifications. We will make available information on industry-standard minimum requirements and supported browsers for accessing the Hosting Services. 19.d Packet Pg. 658 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) San Bernardino, CA Amendment 033121.doc Exhibit 2 Schedule 1 Service Level Agreement Agreement Overview This SLA outlines the information technology service levels that we will provide to you to ensure the availability of the Hosting Services that you have requested us to provide. All other support services are documented in the applicable Support Call Process, attached hereto as Schedule 1 to this exhibit. All defined terms not defined below have the meaning set forth in the Agreement. Definitions Attainment: The percentage of time a service is available during a billing cycle, with percentages rounded to the nearest whole number. Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third-party providers over whom we exercise no control. Downtime: Those minutes during which the applicable software products are materially unavailable for your use. Downtime does not include those instances in which only a Defect is present. Service Availability: The total number of minutes in a billing cycle that a given service is capable of receiving, processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure. Service Availability The Service Availability of the applicable software products is intended to be 24/7/365. We set Service Availability goals and measures whether we have met those goals by tracking Attainment. Client Responsibilities Whenever you experience Downtime, you must make a support call according to the procedures outlined in the applicable Support Call Process exhibit. You may escalate through the hosting hotline. You will receive a support incident number. Any Downtime is measured from the time we intake your support incident. To track attainment, you must document, in writing, all Downtime that you have experienced during a billing cycle. For purposes of this Service Level Agreement, billing cycle shall be based on each calendar quarter. You must deliver such documentation to Tyler within thirty (30) days of a billing cycle’s end. The documentation you provide must substantiate the Downtime. It must include, for example, the support incident number(s) and the date, time and duration of the Downtime(s). Tyler Responsibilities 19.d Packet Pg. 659 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) San Bernardino, CA Amendment 033121.doc When our support team receives a call from you that a Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of a Client Error Incident or Force Majeure). We will also work with you to resume normal operations. Upon timely receipt of your Downtime report, outlined above, we will compare that report to our own outage logs and support tickets to confirm that a Downtime for which Tyler was responsible indeed occurred. We will respond to your Downtime report within thirty (30) days of receipt. To the extent we have confirmed Downtime for which we are responsible, we will provide you with the relief set forth below. Client Relief When a Service Availability goal is not met due to your confirmed Downtime, we will provide you with relief that corresponds to the percentage amount by which that goal was not achieved, as set forth in the Client Relief Schedule below. Notwithstanding the above, the total amount of all relief that would be due under this SLA will not exceed 5% of the fee for any one billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption. A correction may occur in the billing cycle following the service interruption. In that circumstance, if service levels do not meet the corresponding goal for that later billing cycle, your total credits will be doubled, with equal relief being provided in that later billing cycle. Client Relief Schedule Targeted Attainment Actual Attainment Client Relief 100% 98-99% Remedial action will be taken at no additional cost to you. 100% 95-97% Remedial action will be taken at no additional cost to you. 4% credit of fee for affected billing cycle will be posted to next billing cycle 100% <95% Remedial action will be taken at no additional cost to you. 5% credit of fee for affected billing cycle will be posted to next billing cycle You may request a report from us that documents the preceding billing cycle’s Service Availability, Downtime, any remedial actions that have been/will be taken, and any credits that may be issued. That report is available by contacting the hosting hotline through the support portal(s). Applicability The commitments set forth in this SLA do not apply during maintenance windows, Client Error Incidents, and Force Majeure. We perform maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and 19.d Packet Pg. 660 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) San Bernardino, CA Amendment 033121.doc will coordinate to the greatest extent possible with you. When maintenance is scheduled to occur, we will provide approximately two (2) weeks’ advance written notice to the contact information that you supply on your notification form. When emergency maintenance is scheduled, you will receive an email at that same contact point. Force Majeure You will not hold us responsible for meeting service levels outlined in this SLA to the extent any failure to do so is caused by Force Majeure. In the event of Force Majeure, we will file with you a signed request that said failure be excused. That writing will include the details and circumstances supporting our request for relief with clear and convincing evidence pursuant to this provision. You will not unreasonably withhold your acceptance of such a request. 19.d Packet Pg. 661 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) San Bernardino, CA Amendment 033121.doc Exhibit 2 Schedule 2 Support Call Process Support Channels Tyler Technologies, Inc. provides the following channels of software support: (1) Tyler Community – an on-line resource, Tyler Community provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (2) On-line submission (portal) – for less urgent and functionality-based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website. (3) Email – for less urgent situations, users may submit unlimited emails directly to the software support group. (4) Telephone – for urgent or complex questions, users receive toll-free, unlimited telephone software support. Support Resources A number of additional resources are available to provide a comprehensive and complete support experience: (1) Tyler Website – www.tylertech.com – for accessing client tools and other information including support contact information. (2) Tyler Community – available through login, Tyler Community provides a venue for clients to support one another and share best practices and resources. (3) Knowledgebase – A fully searchable depository of thousands of documents related to procedures, best practices, release information, and job aides. (4) Program Updates – where development activity is made available for client consumption. Support Availability Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones. Tyler’s Brazos eCitations solutions offers 24/7 support of the product and software. Tyler’s holiday schedule is outlined below. There will be no support coverage on these days. New Year’s Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Labor Day Issue Handling Incident Tracking Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at 19.d Packet Pg. 662 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) San Bernardino, CA Amendment 033121.doc Tyler’s website or by calling software support directly. Incident Priority Each incident is assigned a priority number, which corresponds to the client’s needs and deadlines. The client is responsible for reasonably setting the priority of the incident per the chart below. The goal of this structure is to help the client clearly understand and communicate the importance of the issue and to describe expected responses and resolutions. Priority Level Characteristics of Support Incident Resolution Targets 1 Critical Support incident that causes (a) complete application failure or application unavailability; (b) application failure or unavailability in one or more of the client’s remote location; or (c) systemic loss of multiple essential system functions. Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within one (1) business day. Tyler’s responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database. 2 High Support incident that causes (a) repeated, consistent failure of essential functionality affecting more than one user or (b) loss or corruption of data. Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within ten (10) business days. Tyler’s responsibility for loss or corrupted data is limited to assisting the client in restoring its last available database. 3 Medium Priority Level 1 incident with an existing circumvention procedure, or a Priority Level 2 incident that affects only one user or for which there is an existing circumvention procedure. Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of the support incident. Tyler shall use commercially reasonable efforts to resolve such support incidents without the need for a circumvention procedure with the next published maintenance update or service pack. Tyler’s responsibility for lost or corrupted data is limited to assisting the client in restoring its last available database. 4 Non- critical Support incident that causes failure of non- essential functionality or a cosmetic or other issue that does not qualify as any other Priority Level. Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days. Tyler shall use commercially reasonable efforts to resolve such support incidents, as well as cosmetic issues, with a future version release. Incident Escalation Tyler Technology’s software support consists of four levels of personnel: (1) Level 1: front-line representatives (2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues (3) Level 3: assist in incident escalations and specialized client issues (4) Level 4: responsible for the management of support teams for either a single product or a product group If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client’s needs. On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages 19.d Packet Pg. 663 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) San Bernardino, CA Amendment 033121.doc clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods: (1) Telephone – for immediate response, call toll-free to either escalate an incident’s priority or to escalate an issue through management channels as described above. (2) Email – clients can send an email to software support in order to escalate the priority of an issue (3) On-line Support Incident Portal – clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number. Remote Support Tool Some support calls require further analysis of the client’s database, process or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Support is able to quickly connect to the client’s desktop and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request. 19.d Packet Pg. 664 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) San Bernardino, CA Amendment 033121.doc Exhibit 3 Business Travel Policy 1. Air Travel A. Reservations & Tickets Tyler’s Travel Management Company (TMC) will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted. Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required. Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings. B. Baggage Fees Reimbursement of personal baggage charges are based on trip duration as follows: • Up to five (5) days = one (1) checked bag • Six (6) or more days = two (2) checked bags Baggage fees for sports equipment are not reimbursable. 2. Ground Transportation A. Private Automobile Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. B. Rental Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the 19.d Packet Pg. 665 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) San Bernardino, CA Amendment 033121.doc specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined. C. Public Transportation Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately. D. Parking & Tolls When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. “No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy. Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately. Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed. 4. Meals and Incidental Expenses Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration. Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem. Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of Defense and will be determined as required. A. Overnight Travel For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below. 19.d Packet Pg. 666 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) San Bernardino, CA Amendment 033121.doc Departure Day Depart before 12:00 noon Lunch and dinner Depart after 12:00 noon Return Day Dinner Return before 12:00 noon Breakfast Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows: • Breakfast 15% • Lunch 25% • Dinner 60% Same Day Travel Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.* *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. 5. Internet Access – Hotels and Airports Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable. 6. International Travel All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed. When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable. The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable. Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section. 19.d Packet Pg. 667 Attachment: Attachment 4 - Amendment Brazos Upgrade (7342 : Amendment to Services Agreement with Tyler Technologies, Inc. (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Eric McBride, Interim Chief of Police Subject: Accept Fiscal Year 2020 EMPG Grant Recommendation Adopt Resolution No. 2021-134 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the Fiscal Year 2020 Emergency Management Performance Grant and increasing the Fiscal Year 2020/21 Adopted Budget revenue and expenditures by $30,768. Background The City of San Bernardino has participated in the Emergency Management Performance Grant (EMPG) for several years. The purpose of this grant is to support emergency management at the local, tribal, and state levels to prepare for, mitigate, respond to, and recover from emergencies or disaster incidents. The Police Department has the responsibility of administering this grant and has historically used EMPG funds to improve its response capabilities during disaster and emergency incidents. For the Fiscal Year 2020 EMPG project, the City received $30,768 in funds and approval to purchase communications equipment along with software to aid in the planning for and response to emergency and disaster events. Discussion The San Bernardino Police Department receives non-competitive formulary grant funds from the Emergency Management Performance Grant (EMPG) as a sub -recipient of the County of San Bernardino. The County charges an admi nistrative fee of 5% and distributes the remaining grant funds among the 24 cities/towns within the County. Each city’s portion is determined on a per capita basis. The City of San Bernardino’s portion of the award for the Fiscal Year 2020 EMPG grant was $30,768. The EMPG grant is designed to aid in funding of projects related to preparing for, responding to, mitigating, and recovering from emergencies or disasters, both natural and man-made. This is a reimbursement grant that is awarded each year and h as a two year grant performance period. For the Fiscal Year 2020 EMPG grant, the performance period will extend from July 1, 2020 to June 30, 2022. The Police Department will be responsible for the completion of grant related projects and 20 Packet Pg. 668 7343 Page 2 compliance with grant requirements. Funds from the Fiscal Year 2020 EMPG program will be used to purchase communications equipment to be installed into the Regional Incident Management Apparatus, more commonly referred to as a mobile command post. This equipment will aid in the response to emergency or disaster related incidents and will allow the vehicle to serve as a field based command center. Additional funds from the grant will be used to purchase Geographic Information System (GIS) software to aid in planning fo r evacuations ahead of events, along with tracking of evacuation progress, and notifications during real events. 2020-2025 Key Strategic Targets and Goals The request to authorize the receipt of FY2020 EMPG funds align with Key Target No. 1: Financial Stability: Implement, maintain, and update a fiscal accountability plan. Fiscal Impact The fiscal impact to the City is a budget amendment of $30,768 to revenue and expenditures in the FY 2020/21 adopted budget. Grant account numbers to be established after approval of this item. There is a match requirement of $30,768 for this grant. The match will be fulfilled through in -kind salary and benefits costs of the employee assigned to manage this grant program. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-134, authorizing the acceptance of the Fiscal Year 2020 Emergency Management Performance Grant and increasing the Fiscal Year 2020/21 Adopted Budget revenue and expenditures by $30,768. Attachments Attachment 1 Resolution No. 2021-134 Attachment 2 Project Approval Letter Ward: All Synopsis of Previous Council Actions: July 15, 2020 Mayor and Council adopted Resolution No. 2020 -168, authorizing the receipt, obligation, and expenditure of the FY2019 Emergency Management Performance Grant (EMPG) and authorizing the Director of Finance to amend the FY2020/21 adopted budget. March 6, 2019 Mayor and City Council adopted Resolution No. 2019-36, authorizing the receipt, obligation, and expenditure of the FY2018 Emergency Management Performance Grant (EMPG) and authorizing the Director of Finance to amend the FY2018/19 adopted budget. March 7, 2018 Mayor and City Council adopted Resolution No. 2018-63, 20 Packet Pg. 669 7343 Page 3 authorizing the receipt, obligation, and expenditure of the FY2017 Emergency Management Performance Grant (EMPG). January 9, 2017 Mayor and City Council adopted Resolution No. 2017-02 approving the receipt, obligation, and expenditure of the FY2016 EMPG grant of $38,549. 20 Packet Pg. 670 RESOLUTION NO. 2021-134 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE FY2020 EMERGENCY MANAGEMENT PERFORMANCE GRANT AND INCREASING THE FY2020/21 ADOPTED BUDGET REVENUE AND EXPENDITURES BY $30,768 WHEREAS, the City of San Bernardino is a sub-recipient to the County of San Bernardino for the Emergency Management Performance Grant; and WHEREAS, on December 8, 2020, the San Bernardino County Board of Supervisors approved FY 2020 Emergency Management Performance Grant funds in the amount of $30,768. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is authorized to accept the FY 2020 Emergency Management Performance Grant in the amount of $30,768. SECTION 3. The Director of Finance is hereby authorized and directed to appropriate revenue and expenditures of $30,768 into account number 123-210-8822; and to incorporate the changes in the FY2020/21 Adopted Budget. SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 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. 20.a Packet Pg. 671 Attachment: Attachment 1 Resolution No. 2021-134 [Revision 2] (7343 : Accept Fiscal Year 2020 EMPG Grant) Resolution No. ___ APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 20.a Packet Pg. 672 Attachment: Attachment 1 Resolution No. 2021-134 [Revision 2] (7343 : Accept Fiscal Year 2020 EMPG Grant) Resolution No. ___ CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 20.a Packet Pg. 673 Attachment: Attachment 1 Resolution No. 2021-134 [Revision 2] (7343 : Accept Fiscal Year 2020 EMPG Grant) 20.b Packet Pg. 674 Attachment: Attachment 2 Project Approval Letter (7343 : Accept Fiscal Year 2020 EMPG Grant) 20.b Packet Pg. 675 Attachment: Attachment 2 Project Approval Letter (7343 : Accept Fiscal Year 2020 EMPG Grant) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for May 2021. Background Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers. The detailed warrant registers are available on the City Website, and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp> Discussion Gross Payroll Bi-Weekly for May 2, 2021 $2,272,530.13 Total Payroll Demands: $2,272,530.13 The following check registers are being presented for approval: May 13, 2021 2020/21 (Register #46)$1,150,388.18 Total commercial check demands:$1,150,388.18 The following Electronic Funds Transfer (EFT) registers presented for approval: April 30 to May 6, 2021 2020/21 (Register #1092-#1094)1,037,719.09 Total commercial EFT demands:$1,037,719.09 2020-2025 Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Financial Stability by creating a framework for spending decisions. 21 Packet Pg. 676 7346 Page 2 Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further bu dgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for May 2021. Attachments Attachment 1 Payroll Summary Report for May 2021 Attachment 2 Commercial checks & Payroll Register #46 Attachment 3 Commercial EFT Registers #1092-1094 Ward: All Synopsis of Previous Council Actions: N/A 21 Packet Pg. 677 21.a Packet Pg. 678 Attachment: Attachment 1 - Payroll Summary Report May 2021 (7346 : Approval of Commercial and Payroll Disbursements (All Wards)) 21.b Packet Pg. 679 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 680 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 681 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 682 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 683 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 684 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 685 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 686 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 687 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 688 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 689 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 690 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 691 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 692 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 693 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 694 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 695 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 696 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 697 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 698 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 699 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 700 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.b Packet Pg. 701 Attachment: Attachment 2 - Commercial Checks & Payroll Register #46 (7346 : Approval of Commercial 21.c Packet Pg. 702 Attachment: Attachment 3 - Commercial EFT Registers #1092-1094 (7346 : Approval of Commercial and 21.c Packet Pg. 703 Attachment: Attachment 3 - Commercial EFT Registers #1092-1094 (7346 : Approval of Commercial and Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Eric McBride, Interim Chief of Police Subject: 2021 Fireworks Regulatory Fee Rate (All Wards) Recommendation Adopt Resolution No. 2021-135 of the Mayor and City Council of the City of San Bernardino, California, setting the 2021 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino. Background During the 2020 fireworks season, the City of San Bernardino experienced a 158% increase in the number of fireworks calls received from May 1 through July 5, 2020. This experience was not unique to the City of San Bernardino. Natio nal media sources reported that the illegal use of fireworks was a huge problem for municipalities across the country. Each year the Police Department dedicates a significant number of resources to fireworks enforcement. Based on the increased activity, the Department began enforcement efforts earlier than previous years on June 17, 2020. The Department spent over $71,000 in overtime dedicated specifically to fireworks enforcement. Additional personnel were also reallocated towards fireworks enforcement d uring their regular shifts to avoid overtime costs. The Department's efforts resulted in the following statistics: 116 Administrative Civil Penalties 164 Misdemeanor citations 24 Felony Arrests 16,600 lbs. of fireworks seized 6 firearms seized 50.5 lbs. of narcotics seized (50 lbs. Marijuana/.5 lbs. Cocaine) This year's calls for service and community sentiment indicate that fireworks activity appears to be starting earlier than previous years. In response, the Department has begun fireworks-related enforcement earlier than in previous years. Since April 7, 2021, a proactive team of officers has been assigned the additional responsibilities of fireworks enforcement and investigations. Officers will be dedicated solely to fireworks enforcement beginning June 1 to July 6. 22 Packet Pg. 704 7348 Page 2 The City of San Bernardino is one of several municipalities in the County of San Bernardino that allows the sale, possession, and discharge of fireworks designated as "safe and sane." The Municipal Code allows "safe and sane" fireworks in all areas south of the I-210 Freeway. The retail sale of fireworks and fireworks stands is permitted in all areas south of the I-210 Freeway in San Bernardino. The City currently allows up to 35 licenses to be issued to nonprofit agencies fo r the sale of “safe and sane” fireworks between July 1st and July 4th each year. This year the City has received 27 applications from non-profit organizations seeking to operate a fireworks stand as allowed under the City’s municipal code. Licensees and f ireworks suppliers are required to pay a regulatory fee. The fee is established annually by the Mayor and City Council. The purpose of the regulatory fee is to raise funds to pay for fireworks education, fireworks safety awareness campaign, and enforcing t he provisions of the Municipal Code. The regulatory fee is based on the gross sales of all fireworks sold in the City. The proposed amount of the regulatory fee is based on the licensee's fireworks sales financial statements from the prior year. Each licensee is required to submit fireworks sales financial statements to the City Clerk's Office no later than August 31 of every year. One-half of the regulatory fee is to be paid by the licensee and the remaining half is to be paid by the fireworks supplier. Under Section 8.60.095(B) of the Municipal Code, the regulatory fee rate may not exceed more than 10 percent of the total gross sales of fireworks sold in the City during the prior year. It may also not exceed the City's cost associated with the sale of fireworks. Discussion Staff has prepared a projection of the estimated costs associated with business registration, fireworks education, safety awareness campaign, and enforcement (Exhibit A). The total tax collected for fireworks sales in 2020 was $102,745.08. The costs indicated in Exhibit A exceed 10 percent of the previous year's total gross sales; therefore, staff recommends the 2021 Regulatory Fee Rate be set at the maximum rate of 10%. 2020-2025 Key Strategic Targets and Goals The request to set the 2021 Regulatory Fee Rate of 10% for the sale of fireworks aligns with Key Target No. 1: Financial Stability: Implement, maintain, and update a fiscal accountability plan. Fiscal Impact The total estimated cost associated with regulating and enforcing the sale of "safe and sane" fireworks in the City this year is $121,430.67. Based on a 10% regulatory fee using the gross sales of all fireworks sold in the City in 2020 in accordance with Section 8.60.096(B) of the Municipal Code, the estimated revenue to be c ollected this year is $102,745.08. 22 Packet Pg. 705 7348 Page 3 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-135, setting the 2021 Regulatory Fee Rate of 10% for the sale of "safe and sane" fireworks in the City of San Bernardino. Attachments Attachment 1 Resolution 2021-135 Attachment 2 Resolution 2021-135; Exhibit A - Expenditure Estimates Attachment 3 Map Ward: All Synopsis of Previous Council Actions: June 17, 2020 Mayor and City Council adopted Resolution No. 2020-130 setting the regulatory fee at 10%. June 5, 2019 Mayor and City Council adopted Resolution No. 2019-86 setting the regulatory fee at 10%. 22 Packet Pg. 706 RESOLUTION NO. 2021-135 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, SETTING THE 2021 REGULATORY FEE RATE OF 10% FOR THE SALE OF “SAFE AND SANE” FIREWORKS IN THE CITY OF SAN BERNARDINO WHEREAS, on June 15, 2009, the Mayor and Common Council adopted an urgency ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring half of the fireworks regulatory fee to be paid by the licensee (the non-profit) and half to be paid by the fireworks company that supplies the product; and WHEREAS, on July 1, 2013, the Mayor and City Council adopted an urgency ordinance amending Section 8.60.095 of the San Bernardino Municipal Code, requiring the regulatory fee be set no later than 7:00 p.m. on July 1 of each year; and WHEREAS, prior to imposing the fee, the City is required to prepare a study of the anticipated costs associated with fireworks education, awareness, and enforcement. 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. That the Mayor and City Council of the City of San Bernardino, California, have determined that the total anticipated costs for the City to cover the reasonable regulatory costs of issuing the permits and enforcing the provisions of the Municipal Code, including extra personnel time for inspection and enforcement duties, for the 2020 season has been calculated at $121,430.67. SECTION 3. Section 8.60.095 (B) of the City’s Municipal Code provides that the regulatory fee rate not exceed more than 10% of the gross sales of fireworks sold in the City during the prior year. SECTION 4. In the 2020 fireworks season, 10% of the total gross sales of fireworks as reported by the licensees amounted to $102,745.08. SECTION 5. The Mayor and City Council hereby set a regulatory fee rate of 10%. SECTION 6. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 22.a Packet Pg. 707 Attachment: Attachment 1 - Resolution No. 2021-135 (7348 : 2021 Fireworks Regulatory Fee Rate (All Wards)) Resolution No. ___ SECTION 7. 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 8. 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 ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 22.a Packet Pg. 708 Attachment: Attachment 1 - Resolution No. 2021-135 (7348 : 2021 Fireworks Regulatory Fee Rate (All Wards)) Resolution No. ___ CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 22.a Packet Pg. 709 Attachment: Attachment 1 - Resolution No. 2021-135 (7348 : 2021 Fireworks Regulatory Fee Rate (All Wards)) Fireworks 2021 Expenditure Estimates Police Department Number of Personnel Labor Cost June 1 2 $1,125.72 June 2 2 $1,125.72 June 3 2 $1,125.72 June 4 2 $1,125.72 June 5 2 $1,125.72 June 6 2 $1,125.72 June 7 2 $1,125.72 June 8 2 $1,125.72 June 9 2 $1,125.72 June 10 2 $1,125.72 June 11 2 $1,125.72 June 12 2 $1,125.72 June 13 2 $1,125.72 June 14 2 $1,125.72 June 15 2 $1,125.72 June 16 2 $1,125.72 June 17 2 $1,125.72 June 18 5 $2,887.08 June 19 5 $2,887.08 June 20 5 $2,887.08 June 21 15+ Regular Shift Coverage June 22 15+ Regular Shift Coverage June 23 15+ Regular Shift Coverage June 24 15+ Regular Shift Coverage June 25 15+ Regular Shift Coverage June 26 10 $5,774.16 June 27 10 $5,774.16 June 28 15+ Regular Shift Coverage June 29 15+ Regular Shift Coverage June 30 15+ Regular Shift Coverage July 1 15+ Regular Shift Coverage July 2 20 $15,397.76 July 3 36 $27,599.52 July 4 36 $27,599.52 July 5 5 $2,887.08 July 6 5 $2,887.08 Total $115,717.76 22.b Packet Pg. 710 Attachment: Attachment 2 Exhibit A, Expenditure Estimates (7348 : 2021 Fireworks Regulatory Fee Rate (All Wards)) Expenditure Estimates (continued) Finance Department Business Registration Representative 1 $3,403.21 Business Registration Manager 1 $2,309.70 Total $5,712.91 Public Education & Awareness Related to Regulatory Enforcement Community Affairs Social Media Campaign Straight Time Total Expenditure Estimates $121,430.67 22.b Packet Pg. 711 Attachment: Attachment 2 Exhibit A, Expenditure Estimates (7348 : 2021 Fireworks Regulatory Fee Rate (All Wards)) 22.cPacket Pg. 712Attachment: Map (7348 : 2021 Fireworks Regulatory Fee Rate (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Rebekah Kramer, Assistant City Manager Subject: Establishment of Local Campaign Finance Regulations (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Accept the final reading and adopt Ordinance No. MC-1558, adding Chapter 2.55 to the City of San Bernardino Municipal Code, relating to local campaign finance regulations; and 2. Adopt Resolution No. 2021-136 authorizing the City Manager to execute an agreement with the State of California Fair Political Practices Commission for campaign law enforcement; and 3. Amend the proposed FY 2021/22 operating budget to include funding to support enforcement of Ordinance MC-1558. Background At the December 16, 2020, Mayor and City Council meeting, City Council requested staff bring back an ordinance for City Council consideration that pro vided: (1) a campaign contribution limit; (2) limits on contributions by applicants and their agents during the permitting process; (3) limits on solicitation of contributions by elected officials from applicants and their agents during the permitting process; and (4) disclosure requirements from any contributions for a 12 -month period prior to any City Council action involving the contributor. A draft ordinance establishing local campaign finance regulations was presented at the April 21, 2021, Mayor and City Council meeting for review and consideration. Following discussion and feedback from the Mayor and City Council, the item was continued. On May 19, 2021, a draft of the ordinance with the changes discussed at the April 21 st Mayor and City Council meeting was presented for consideration. After review and discussion, Ordinance No. MC-1558 adding Chapter 2.55 of the City of San Bernardino Municipal Code relating to local campaign finance regulations was introduced for first reading with minor additional edits to clarify that the regulations apply to the making of 23 Packet Pg. 713 7349 Page 2 contracts. Discussion Ordinance No. MC-1558, adding Chapter 2.55 of the City of San Bernardino Municipal Code relating to local campaign finance regulations , including restrictions for contracts pending approval by the Mayor and City Council and members of the City , is presented this evening for final reading and adoption. Also presented for approval is a resolution authorizing the City Manager to execute an agreement with the State of California Fair Political Practices Commission (FPPC) for Campaign Law Enforcement services as established under Chapter 2.55 of the Municipal Code. 2020-2025 Key Strategic Targets and Goals The proposed action would meet Key Target No. 1: Financial Stability and Key Target No. 2: Focused, Aligned Leadership and Unified Community. The proposed action would minimize risk and litigation exposure by providing a transparent entitlement process and by increasing trust in City government. Further, the proposed action would build a culture that attracts, retains, and motivates the highest quality talent setting a tone of political transparency. Fiscal Impact The cost associated with having the State of California Fair Political Practices Commission enforce the City’s local campaign contribution ordinance is based upon the cost of providing services set not to exceed $400,000 during a two year contract period. The proposed FY 2021/22 operating budget will be amended to include funding to support this agreement. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Accept the final reading and adopt Ordinance No. MC-1558, adding Chapter 2.55 to the City of San Bernardino Municipal Code, relating to Local Campa ign Finance regulations; and 2. Adopt Resolution No. 2021-136 authorizing the City Manager to execute an agreement with the State of California Fair Political Practices Commission for campaign law enforcement; and 3. Amend the proposed FY 2021/22 operating budget to include funding to support enforcement of Ordinance MC-1558. Attachments Attachment 1 Ordinance No. MC-1558 Attachment 2 Resolution No. 2021-136 Attachment 3 FPPC Local and Municipal Contract 2019-20 23 Packet Pg. 714 7349 Page 3 Ward: All Wards Synopsis of Previous Council Actions: September 2 and 16, 2020 Considered but did not adopt, Ordinance MC-1542, establishing no campaign contribution limit requirements for elected officials within the City of San Bernardino. December 16, 2020 The City Council requested that staff prepare an ordinance establishing local campaign finance regulations including: 1) Election campaign contribution limits; 2) Limits on contributions by applicants and their agents during the permitting process; 3) Limits on solicitation of contributions by elected from applicants and their agents during the permitting process; 4) Disclose requirements for any contributions for a 12-month period prior to any Council action involving the contributor. April 21, 2021 The Mayor and City Council reviewed and discussed a draft Ordinance No. MC-1558 establishing local campaign finance regulations. Following discussion and feedback from the City Council, the item was continued. May 19, 2021 Ordinance No. MC-1558 adding chapter 2.55 to the City of San Bernardino Municipal Code relating to local campaign finance regulations was introduced for first reading. 23 Packet Pg. 715 ORDINANCE NO. MC-1558 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING CHAPTER 2.55 TO THE CITY OF SAN BERNARDINO MUNICIPAL CODE RELATING TO LOCAL CAMPAIGN FINANCE REGULATIONS WHEREAS, the City desires to eliminate any appearance of impropriety during City permitting processes that come before the City Council; and WHEREAS, in an effort to increase transparency and eliminate any appearance of quid pro quo, thereby increasing trust in the City’s government, the City seeks to establish a limit on campaign contributions by persons, or persons acting on their behalf, with active applications with the City; and WHEREAS, Government Code section 81013 provides that a local agency may impose additional laws regulating political practices on any person as long as it does not prevent that person from complying with the Political Reform Act; and WHEREAS, Government Code section 84308 already imposes limits on the solicitation and receipt of contributions for appointed officials from active or recent participants in the entitlement process and the City’s elected officials are required to comply with such rules when they are appointed to other legislative bodies; and WHEREAS, at its December 16, 2020 meeting, the City Council directed staff to bring forth an ordinance for consideration that provided: (1) a campaign contribution limit; (2) limits on contributions by applicants and their agents during the permitting process; (3) limits on solicitation of contributions by elected officials from applicants and their agents during the permitting process; and (4) a disclosure requirement for any contributions for a period prior to any City Council action involving the contributor; and WHEREAS, it is the City Council’s intent to address the perception that unregulated campaign contributions lead to improper influence over elected officials and to establish realistic, narrowly tailored and enforceable limits on the amounts which may be contributed to City political campaigns by persons with active applications in the City consistent with the rights of political expression protected under the United States Constitution; and WHEREAS, consistent with current federal case law, nothing in this Ordinance is intended to limit or prohibit independent expenditures; and WHEREAS, the purpose of this Ordinance is to establish limits on the amounts of money that may be directly contributed to political campaigns by persons with active applications in the City’s elections. 23.a Packet Pg. 716 Attachment: Attachment 1 - Proposed Ordinance MC 1558 Campaign Finance (7349 : Establishment of Local Campaign Finance Regulations Ordinance No. MC-1558 2 NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein. SECTION 2. Addition of Chapter 2.55. Chapter 2.55 is hereby added to Title 2 of the San Bernardino Municipal Code to read as follows: “ CHAPTER 2.55 LOCAL CAMPAIGN FINANCE REGULATIONS Sections: 2.55.010 Pay-to-Play Restrictions 2.55.020 Enforcement 2.55.010 Pay-to-Play Restrictions A. Definitions. The definitions set forth in this subdivision shall govern the interpretation of this Section 2.55.010: (1) “Party” means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. (2) “Participant” means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7 of Title 9 of the Government Code. A person actively supports or opposes a particular decision in a proceeding if he or she lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency. (3) “Elected Official” means any elected official of the City including the Mayor and all City Council Members. (4) “License, permit, contract, or other entitlement for use” means all business, professional, trade and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts), and all franchises. (5) “Contribution” includes contributions to candidates and committees in federal, state, or local elections. 23.a Packet Pg. 717 Attachment: Attachment 1 - Proposed Ordinance MC 1558 Campaign Finance (7349 : Establishment of Local Campaign Finance Regulations Ordinance No. MC-1558 3 B. Prohibition on Soliciting and Accepting Certain Contributions. No Elected Official shall accept, solicit, or direct a contribution of more than two hundred and fifty dollars ($250.00) from any party, or his or her agent, or from any participant, or his or her agent, while a proceeding involving a license, permit, contract, or other entitlement for use is pending before the City and for three (3) months following the date a final decision is rendered in the proceeding if the Elected Official knows or has reason to know that the participant has a financial interest, as that term is used in Article 1 (commencing with Section 87100) of Chapter 7 of Title 9 of the Government Code. This prohibition shall apply regardless of whether the Elected Official accepts, solicits, or directs the contribution for himself or herself, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee. C. Elected Official Disclosure Requirements. Prior to rendering any decision in a proceeding involving a license, permit, contract, or other entitlement for use pending before the City, each Elected Official who received a contribution since their last California Fair Political Practices Commission (“FPPC”) Form 460 Filing (Recipient Committee Campaign Statement) in an amount of more than two hundred and fifty dollars ($250.00) from a party or from any participant shall disclose that fact on the record of the proceeding. D. Application to Candidates. Contributions made to candidates for elective office shall subject the candidate to the disclosure provision of subdivision C should the candidate be subsequently elected. Candidates who have become the Council Member-Elect or Mayor-Elect, but who have not yet been sworn in, shall be subject to the prohibition of subdivision B. E. Applicant Restrictions. A party to a proceeding before the City involving a license, permit, contract, or other entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than two hundred and fifty dollars ($250.00) made since their last FPPC Form 460 Filing (Recipient Committee Campaign Statement) by the party, or his or her agent, to any Elected Official. No party, or his or her agent, to a proceeding involving a license, permit, or other entitlement for use pending before the City and no participant, or his or her agent, in the proceeding shall make a contribution of more than two hundred and fifty dollars ($250.00) to any Elected Official during the proceeding and for three (3) months following the date a final decision is rendered by the City in the proceeding. When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending before the City, the majority shareholder is subject to the disclosure and prohibition requirements herein. 2.55.020 Enforcement The City hereby designates the California Fair Political Practices Commission (“FPPC”) as the enforcement agency for this Chapter. The City shall provide to the FPPC twice, annually, data for all licenses, permits, or other entitlements for use, as defined in Section 2.55.010 above. The FPPC will cross-reference the data received from the City against the most recent FPPC Form 460 Filing (Recipient Committee Campaign Statement) of each Elected Official who has received Contributions equal to or exceeding two thousand dollars ($2,000) as shown on the most recent FPPC Form 460 Filing. As set forth in Government Code section 83116, the FPPC shall have prosecutorial discretion to enforce this Chapter and may discipline an Elected Official 23.a Packet Pg. 718 Attachment: Attachment 1 - Proposed Ordinance MC 1558 Campaign Finance (7349 : Establishment of Local Campaign Finance Regulations Ordinance No. MC-1558 4 for violating this Chapter, including, but not limited to, requiring the Elected Official to pay a monetary fine.” SECTION 3. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Cit y Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective. SECTION 4. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 5. Notice of Adoption. The 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. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this _____day of ______, 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney 23.a Packet Pg. 719 Attachment: Attachment 1 - Proposed Ordinance MC 1558 Campaign Finance (7349 : Establishment of Local Campaign Finance Regulations Ordinance No. MC-1558 5 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )ss. CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1558, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the __ day of ___________, 2021. Ordinance No. MC- ____ was approved, passed and adopted at a regular meeting held the __ day of __________, 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this __ day of __________ 2021. Genoveva Rocha, CMC, City Clerk 23.a Packet Pg. 720 Attachment: Attachment 1 - Proposed Ordinance MC 1558 Campaign Finance (7349 : Establishment of Local Campaign Finance Regulations RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA FAIR POLITIAL PRACTICES COMMISSION FOR CAMPAIGN LAW ENFORCEMENT WHEREAS, in an effort to increase transparency and eliminate any appearance of quid pro quo, thereby increasing trust in the City’s government, the City seeks to establish a limit on campaign contributions by persons, or persons acting on their behalf, with active applications with the City; and WHEREAS, Government Code section 81013 provides that a local agency may impose additional laws regulating political practices on any person as long as it does not prevent that person from complying with the Political Reform Act; and WHEREAS, Government Code section 84308 already imposes limits on the solicitation and receipt of contributions for appointed officials from active or recent participants in the entitlement process and the City’s elected officials are required to comply with such rules when they are appointed to other legislative bodies; and WHEREAS, it is the City Council’s intent to address the perception that unregulated campaign contributions lead to improper influence over elected officials and to establish realistic, narrowly tailored and enforceable limits on the amounts which may be contributed to City political campaigns by persons with active applications in the City consistent with the rights of political expression protected under the United States Constitution; and WHEREAS, on May 19, 2021, the City Council accepted for first reading Ordinance No. MC-1558 adding Chapter 2.55 to the City of San Bernardino Municipal Code Relating to Local Campaign Finance Regulations; and WHEREAS, the purpose of this Ordinance is to establish limits on the amounts of money that may be directly contributed to political campaigns by persons with active applications in the City’s elections; and WHEREAS, Ordinance No. MC-1558 designates the California Fair Political Practices Commission (“FPPC”) as the enforcement agency for Chapter 2.55 of the Municipal Code; and WHEREAS, under Chapter 2.55 of the Municipal Code the City shall provide to the FPPC twice, annually, data for all licenses, permits, contracts or entitlements for use, as defined in Section 2.55.010 and the FPPC will cross-reference the data received from the City against the most recent FPPC Form 460 Filing (Recipient Committee Campaign Statement) of each Elected Official who has received Contributions equal to or exceeding two thousand dollars ($2,000) as shown on the most recent FPPC Form 460 Filing; and 23.b Packet Pg. 721 Attachment: Attachment 2 - Resolution FPPC and City of SB Agreement (7349 : Establishment of Local Campaign Finance Regulations (All Resolution No. ___ WHEREAS, as set forth in Government Code section 83116, the FPPC shall have prosecutorial discretion to enforce and may discipline an Elected Official for violat ing Chapter 2.55 of the Municipal Code, including, but not limited to, requiring the Elected Official to pay a monetary fine. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager, or designee, is hereby authorized and directed to execute a Professional Services Agreement with the California Fair Political Practices Commission (“FPPC”) attached hereto as Exhibit “A”, in an amount not to exceed $400,000. SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 23.b Packet Pg. 722 Attachment: Attachment 2 - Resolution FPPC and City of SB Agreement (7349 : Establishment of Local Campaign Finance Regulations (All Resolution No. ___ CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 23.b Packet Pg. 723 Attachment: Attachment 2 - Resolution FPPC and City of SB Agreement (7349 : Establishment of Local Campaign Finance Regulations (All _____________________________________________ STATE OF CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION AND CAMPAIGN LAW ENFORCEMENT AGREEMENT This agreement (“Agreement”) is made and entered into this ____ day of ___________ 20__, by and between the State of California, acting by and through the Fair Political Practices Commission, (“FPPC”) and the ______________ (“Local Agency”). Background The Local Agency determined it is in its best interest to retain the services of the FPPC to provide for the enforcement and interpretation of campaign laws under the provisions of the Local Agency campaign ordinance (“Local Ordinance”), governing the elective Local Agency offices, as set forth with specificity in Exhibit D, Items 1 and 2. The FPPC has the special skills, knowledge, experience, and expertise in the enforcement and interpretation of campaign laws necessary to effectively advise, investigate, audit, and otherwise assist the Local Agency on such matters. The FPPC’s enforcement and interpretation of campaign laws under the provisions of the Local Ordinance is expressly authorized by California Government Code Section 83123.6. The parties agree as follows: Terms and Conditions Exhibit A: Scope of Services 1.The FPPC agrees to provide the Local Agency with campaign law services for the impartial, effective administration, implementation, and enforcement of the Local Ordinance as dictated in paragraph 2. 2.Campaign Law Enforcement Services.  Auditing i.The FPPC will perform audits and investigations for each candidate, and his or her controlled committee, for elective Local Agency office for whom $2,000 or more in contributions were received or $2,000 in expenditures were made, whether by the candidate, a committee(s) controlled by the candidate, or committee primarily supporting the candidate. www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) FPPC EAED • 083-8-2020 • Page 1 of 8 23.c Packet Pg. 724 Attachment: Attachment 3- FPPC Local and Municipal Contract 2019-20_v2 (7349 : Establishment of Local Campaign Finance Regulations (All    ✓ ii.The audit or investigation will cover all required campaign statements and for the primary and general election, or runoff, or special election for the following election time periods: January 1, 20__ through December 31, 20__. The audits may extend to include any transaction in connection with the election being audited or investigated. It will not include any statements or reports previously audited under Title 9 of the Government Code, Chapter 10, Sections 90001 or 90003. iii.The FPPC will follow audit guidelines and standards as required under Government Code Section 90007. Enforcement The FPPC agrees to serve as the civil and administrative prosecutor for violations of the Local Ordinance. The FPPC, at its sole discretion, may investigate possible violations and may commence civil and/or administrative actions in accordance with Title 9 of the Government Code, and Title 2, Division 3, Part 1, Chapter 5 (Administrative Adjudication), Sections 11500, et seq., of the Government Code. Campaign Compliance Assistance The FPPC agrees to provide written and/or verbal assistance to candidates for elected Local Agency offices, and potential contributors in a Local Agency election, regarding the Local Ordinance upon the request of the candidate or potential contributor. Campaign Compliance Training  At least once per election cycle, the FPPC will provide an in-person seminar to review the relevant process, procedures and rules for Local Agency electoral candidates.  The FPPC will provide outreach to Local Agency electoral candidates. The Local Agency will provide the FPPC with filed Form 501 campaign intention statements by the Local Agency electoral candidates to facilitate this outreach. Legal Review Upon notification and request by the Local Agency, the FPPC will review any proposed changes to the Local Ordinance for compliance with the Political Reform Act prior to adoption by the Local Agency. (Required under Government Code Section 83123.6. subdivisions (b) and (c).) www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) FPPC EAED • 083-8-2020 • Page 2 of 8 23.c Packet Pg. 725 Attachment: Attachment 3- FPPC Local and Municipal Contract 2019-20_v2 (7349 : Establishment of Local Campaign Finance Regulations (All ✓Education and Training The FPPC will provide an initial training workshop to the Local Agency regarding the conflict of interest provisions and/or Form 700 requirements under the Political Reform Act, as it applies to the Local Agency and its officials, employees, candidates for elected Local Agency offices, and/or lobbyists. (The Political Reform Act initial training workshop is not a charged service.) 3.The term of this Agreement is the two-year election cycle period: January 1, 20__ through December 31, 20__. Services will commence on the beginning of this term, and for the elections held during this term, as indicated in paragraph (2)(A), above. Due to the nature of audits and investigations, some services may necessarily occur on dates after the stated election cycles. Services from prior contract will continue as previously determined until completed. 4.The Local Agency agrees to provide the FPPC with a resolution, motion, order, or ordinance of the governing body, which authorizes execution of this Agreement, and indicating the individual who is authorized to sign the Agreement on behalf of the Local Agency. 5.The Local Agency must consult with the FPPC prior to adopting or amending the Local Ordinance. The Local Ordinance must comply with Title 9 of the Government Code. (Government Code Section 83123.6, subdivision (b) and (c).) 6.The Contract Coordinators for this Agreement are: Fair Political Practices Commission Agency: ____________________ Loressa Hon, Chief of Administration Name/Title: ____________________ 1102 Q Street, Suite 3000 Address: ____________________ Sacramento, CA 95814 City/Zip: ____________________ 916-322-5660 Phone: ____________________ lhon@fppc.ca.gov Email: ____________________ Communications regarding this Agreement will be addressed to the Contract Coordinators unless otherwise indicated in the Agreement. Each party will update the contact information for the Contract Coordinator within 30 days of any changes. Exhibit B: Budget Details and Payment Provisions 1.Full Cost Recovery Agreement. In accordance with the state full cost recovery policy, the Local Agency agrees to reimburse the FPPC for its full direct and its indirect costs incurred in performing the www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) FPPC EAED • 083-8-2020 • Page 3 of 8 23.c Packet Pg. 726 Attachment: Attachment 3- FPPC Local and Municipal Contract 2019-20_v2 (7349 : Establishment of Local Campaign Finance Regulations (All services. The full cost of goods or services includes all costs attributable directly to the activity plus a fair share of indirect costs which can be ascribed reasonably to the good or service provided. (State Administrative Manual, Section 8752.). If the Local Agency terminates the agreement, it agrees to pay the FPPC for any other expenditures reasonably made by the FPPC in anticipation of services to be rendered pursuant to this Agreement (Gov. Code Section 83123.6 (d)(2)) 2.Invoicing and Payment. The FPPC will provide the Local Agency with an itemized quarterly invoice detailing all FPPC service hours and costs for the administration, implementation, and enforcement of the Local Ordinance under this Agreement, along with any billing statement for payments due under the Agreement. Quarterly itemized invoices and billing statements will be submitted to: Agency: Office: Name/Title: Address: The Local Agency agrees to pay the FPPC within thirty (30) days of the date of each quarterly invoice and billing statement. 3.Advance Payment. A.The Local Agency agrees to pay an advance payment of [$55,000 or adjusted amount] to the FPPC for costs to be incurred in performance of this Agreement. The Local Agency agrees to make this advance payment at the beginning of each year of the contract term. B.Except for extraordinary costs and expenses, no advance notification is necessary for services provided for each year of the contract. The FPPC will track its expenditures made in anticipation of services to be rendered, and its services provided, and will bill first to the advance payment. Upon depletion of the advance payment, the Local Agency will pay additional reimbursement sums, if any, upon receipt of a billing statement from the FPPC. 4.Rates and Costs for Services. A.Budget Detail. The FPPC will bill for its services at the rates set forth below. These rates include the FPPC’s direct and indirect costs related to these positions. www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) FPPC EAED • 083-8-2020 • Page 4 of 8 23.c Packet Pg. 727 Attachment: Attachment 3- FPPC Local and Municipal Contract 2019-20_v2 (7349 : Establishment of Local Campaign Finance Regulations (All Classification Rate per hour Attorney $220.00 Paralegal $205.00 Investigator $125.00 Program Specialist (Auditor) $195.00 Political Reform Consultant (Research Analyst) $195.00 Executive/Supervisory Staff $220.00 Administrative Staff $195.00 The rates reflect the Attorney General’s Office, Bulletin 17-09, and the Department of General Services Price Book, 2018-19. The Executive/Supervisory Staff and Administrative Staff rates are calculated using comparable rates from the Price Book and internal calculations in compliance with the state full cost recovery policy. B.Necessary Changes to Rates. In the event that the state hourly rates increase, or the state reimbursement rates increase, the Local Agency agrees to pay the appropriate increased rate applied as of the effective date of the rate increase. It is understood by both parties that no advance written notification is necessary prior to implementing the increased rates. In the event that the FPPC determines that the above hourly rates do not result in a full cost recovery for services provided in accordance with state policy, it will notify the Contract Coordinator for the Local Agency and retroactively apply the appropriate rates, after consultation with the Local Agency, to ensure the FPPC maintains the required full cost recovery. C.Ordinary and Extraordinary Costs and Expenses. The FPPC will bill its actual costs for ordinary costs and expenses directly related to the services provided. Ordinary costs and expenses are limited to: 1.Court fees, including filing fees, judicial officer fees, deposition fees, transcript fees, and process serving fees. 2.Administrative fees, including administrative officer fees, administrative law judge fees, hearing fees, transcript fees, and process serving fees. 3.Travel, lodging, and meals pursuant to state reimbursement rates as necessary for FPPC officers, employees, contractors, agents, and volunteers. 4.Telephone charges, postage, photocopying/document reproduction costs, and damage to property repaired or replaced at state expense. 5.Research service fees necessary to perform services. www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) FPPC EAED • 083-8-2020 • Page 5 of 8 23.c Packet Pg. 728 Attachment: Attachment 3- FPPC Local and Municipal Contract 2019-20_v2 (7349 : Establishment of Local Campaign Finance Regulations (All Prior Approval Required. The FPPC will bill its actual costs for extraordinary costs and expenses only upon prior approval by the Local Agency Counsel. Extraordinary costs and expenses include, but are not limited to: 1.Fees for third-party consultants, investigators, and experts including their travel, lodging, and meals. 2.Travel, lodging, and meals for witnesses. 5.Total Cost of the Agreement. The parties anticipate that the total amount of this Agreement will not exceed [$400,000 or adjusted amount], with an estimated budget of [$200,000 or adjusted amount] per year. In the event this contract is canceled or is not renewed, the FPPC will provide an estimate of remaining hours necessary to complete the services already in progress, or required by this Agreement, to be billed at the hourly rate, and the services may be completed upon mutual agreement. Exhibit C: General Terms and Conditions 1.APPROVAL. This Agreement is of no force or effect until signed by both parties. In addition, pursuant to Government Code Section 83123.6, subdivision (d), the FPPC may approve this Agreement at the earliest of 90 days after its submission to the Department of General Services (“DGS”), or after receiving DGS’s written review, whichever occurs first. 2.STATE AUDIT OF THIS AGREEMENT. The Local Agency agrees that the State of California, including but not limited to, the Department of General Services, the Bureau of State Audits, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Agreement. The Local Agency agrees to maintain records and supporting documentation for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated by the parties or required by the Bureau of State Audits. The Local Agency agrees to allow the auditor(s) access to records and supporting documentation during normal business hours and to allow interviews of any employees who might reasonably have information related to the records. Furthermore, the Local Agency agrees that the State of California has the same right to audit records and interview staff in any subcontract related to the performance of this Agreement. (Government Code Section 8546.7.) The FPPC will not bill the Local Agency for its time or costs related to a State Audit by the Department of General Services, Bureau of State Audits. 3.DISPUTES. Any dispute concerning a question of fact arising under the terms of this www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) FPPC EAED • 083-8-2020 • Page 6 of 8 23.c Packet Pg. 729 Attachment: Attachment 3- FPPC Local and Municipal Contract 2019-20_v2 (7349 : Establishment of Local Campaign Finance Regulations (All Agreement that is not disposed within a reasonable period of time (ten days) by the parties normally responsible for the administration of this Agreement shall be brought to the attention of the Contract Coordinators for joint resolution. The parties shall continue their responsibilities during any dispute. 4.INDEMNIFICATION. Pursuant to Government Code Section 895.4 and except as provided below, the Local Agency agrees to indemnify, defend (with counsel approved by the FPPC General Counsel), and hold harmless the FPPC and its authorized officers, employees, contractors, agents, and volunteers from any and all claims, actions, losses, damages, and liability arising out of the performance of this Agreement, or from the enforcement or interpretation of any provision of the Local Ordinance, from any cause whatsoever, including the acts, errors, or omissions of any person and for any costs or expenses incurred by the FPPC on account of any claim except where such indemnification is prohibited by law. The FPPC shall indemnify, hold harmless, and defend the Local Agency and its authorized officers, employees, contractors, agents, and volunteers from any and all claims, actions, losses, damages, and liability arising from the FPPC’s sole negligence or willful misconduct relating to obligations under this Agreement. 5.AMENDMENT. This Agreement may be amended by written mutual consent of the parties. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties. 6.CANCELLATION. This Agreement may by canceled by either party, at any time, by ordinance or resolution and with an effective date of 90 days after notice is provided by the cancelling party, or other mutually agreed upon date. Notice of the cancellation shall be provided to the Contract Coordinators. In the event this Agreement is canceled by the Local Agency, the FPPC may require the Local Agency to pay for services rendered and any other expenditures reasonably made by the FPPC in anticipation of services to be rendered pursuant to the Agreement. 7.REPORT TO THE LEGISLATURE. Within thirty (30) of receipt of a written request by the FPPC, the Local Agency will provide the FPPC with items necessary for its report to the Legislature pursuant to Section 83213.6, subdivision (h), including its estimated annual cost savings, annual performance metrics, and relevant public comments submitted to the Local Agency. Exhibit D: Special Terms 1.Local Ordinance. The Local Ordinance subject to this Agreement consists of the following, with any noticed subsequent amendments pursuant to Exhibit A, item 5: www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) FPPC EAED • 083-8-2020 • Page 7 of 8 23.c Packet Pg. 730 Attachment: Attachment 3- FPPC Local and Municipal Contract 2019-20_v2 (7349 : Establishment of Local Campaign Finance Regulations (All _____________________________ _____________________________ Name and citation to title, division, chapter, and sections (as necessary) [example: “Local Agency Ordinance, Title 1, Government and Administration, Division 2, Chapter 43, Campaign Finance Reform”]: 2. Local Agency Elective Offices. The Local Agency elective offices subject to the Local Ordinance and this Agreement are: [examples: “Supervisor Auditor-Controller/Treasurer/Tax Collector District Attorney Sheriff/Coroner/Public Administrator Local Agency Superintendent of Schools Local Agency Assessor-Recorder-Local Agency Clerk”]: Fair Political Practices Commission Executive Director Date: Local Agency [Name, Title ex: Mayor/Chair of Council/Board of Supervisors]: Date: www.fppc.ca.gov FPPC Advice: advice@fppc.ca.gov (866.275.3772) FPPC EAED • 083-8-2020 • Page 8 of 8 23.c Packet Pg. 731 Attachment: Attachment 3- FPPC Local and Municipal Contract 2019-20_v2 (7349 : Establishment of Local Campaign Finance Regulations (All Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Update Regarding Negotiations with Renaissance Downtown USA/ICO Real Estate Group (RDICO) for the Ca Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file an update regarding the negotiations with Renaissance Downtown USA/ICO Real Estate Group (RDICO) for the Carousel Mall property. Background On January 27, 2021, staff conducted a workshop with the Mayor and the City Council. This workshop was intended to allow the final two development teams (Renaissance Downtown USA/ICO Real Estate Group and SCG America) to present their concept for the development of the Carousel Mall to the Mayor and City Council as well as the community at large. The Mayor and City Council received 55 written comments and 76 recorded comments from the public that were heard during the workshop. No decision was scheduled to be made at the workshop. On March 3, 2021, staff presented the results of the Request for Proposal (RFP) and provided the Mayor and City Council with a number of alternatives they may wish to consider. Subsequent to City Council discussion, the Mayor and City Council selected Renaissance Downtown USA/ICO Real Estate Group (RDICO) as the preferred development team for the Carousel Mall property. As a component of the selection, the City Council requested that the majority of the deal point terms and conditions be presented for consideration within 6 months, and that the Mayor and City Council receive regular updates on the progress of negotiations. Discussion Since the selection of RDICO as the preferred developer for the Carousel Mall site, both the City and RDICO have been working in cooperation to facilitate ongoing discussions, sharing information and identifying a mutual path f or moving forward. The former Carousel Mall site is a 43 acres regional shopping center with a variety of complex issues that must be evaluated, analyzed and possibly deliberated upon as part of the real property negotiations between the City and RDICO. To facilitate this effort, 24 Packet Pg. 732 7365 Page 2 the City provided RDICO with decade’s worth of records and reports on the Carousel Mall. Much of this information is critical for RDICO’s evaluation and consideration to purchase and develop the Carousel Mall property. Revie wing such records takes time and design professional oversight to understand the complexities of the property. The City has also conducted tours with RDICO of the Carousel Mall, Woolworth building, and the Harris Department Store. As RDICO contemplates the development of the Carousel Mall, it is necessary to understand the physical conditions of these buildings and the property in which they sit on. Over the last two months the City and RDICO have conducted bi-weekly meetings to discuss various topics related to the future development of the Carousel Mall and the Downtown. The City and RDICO have conducted two group meetings to discuss the appropriate type of agreements for proceeding with the process. Pursuant to these discussions, the initial agreement set to be executed is identified as an Exclusive Negotiating Agreement (ENA). An ENA is a fairly standard agreement between a city and private party stipulating that a city will negotiate exclusive with the private party (RDICO) under the term of the agreement, which in most cases is 6 months with additional provision to extend the term if warranted based on good faith and progress. During the initial term, the city and the private party will work toward the establishment of realistic deal points, terms and conditions that are acceptable to both parties. These activities fall under real property negotiations, staff will share this information with the Mayor and City Council and seek direction to proceed. When the Mayor and City Council concur with the direction of the deal point, terms and conditions, staff will proceed to the preparation of a Disposition and Development Agreement (DDA). The DDA becomes the legally binding document that solidifies the sale of the Carousel Mall property to the private party along with the mutually agreed upon deal points, terms and conditions. Over the past two months, the City and RDICO have been working towards the executing of an ENA. The ENA is tentatively scheduled for Mayor and City Council consideration at the June 16, 2021 meeting. As part of the City’s responsibility for the disposition of the Carousel Mall property, the City must comply with the Surplus Land Act as amended by AB 1486. At the May 19, 2021 Mayor and City Council meeting, the Council determined that the Carousel Mall property is surplus land. Accordingly, staff is processing the disposition of the property pursuant to compliance with Government Code Section 54220, et seq. The initial time frame for this process is 60 days, unless there are i nterested parties in the property that will extend the time frame. As it relates to RDICO activities, staff has attached the March and April 2021 Monthly Progress Reports. These Progress Reports identify the engagement between RDICO and the City of San Bernardino, City Officials, County Officials and other organizations in the community. 2020-2025 Key Strategic Targets and Goals The continued negotiations between the City and RDICO align with Key Target No. 4: Economic Development and Growth. Specifically, the redevelopment of the Carousel Mall will be a catalyst for future growth and development within the entire community. 24 Packet Pg. 733 7365 Page 3 Fiscal Impact There is no fiscal impact related to this item. Conclusion Over the last two months, the City and RDICO have had bi-weekly meetings to discuss various topics related to the future development of the Carousel Mall and the Downtown. The City and RDICO have conducted two group meetings to discuss the appropriate type of agreements for proceeding with the proce ss. The initial agreement is referred to as an Exclusive Negotiating Agreement (ENA) followed by a Disposition and Development Agreement (DDA) solidifying the deal points, terms and conditions for the sale and development of the Carousel Mall property. T he ENA is tentatively scheduled for Mayor and City Council consideration at the June 16, 2021 meeting. Attachments Attachment 1 March 2021 Progress Report Attachment 2 April 2021 Progress Report Ward: 1 Synopsis of Previous Council Action: March 3, 2021 Mayor and City Council selected Renaissance Downtown USA/ICO Real Estate Group (RDICO) as the preferred development team for the Carousel Mall property. 24 Packet Pg. 734 Monthly Progress Report March 2021 DATE: April 5, 2021 ATTN: Rob Field, City Manager; Michael Huntley, Director of Community & Economic Development Enclosed please find the Monthly Progress Report regarding the Redevelopment of the Carousel Mall site & Revitalization of Downtown San Bernardino. The status of many of these goals, objectives & milestones will be reviewed on a monthly basis. Once you have had an opportunity to review this, we can discuss if this is an acceptable format going forward for each subsequent Monthly report. I. COMMUNICATION PROTOCOLS AND ADMINISTRATIVE & OPERATING PROCEDURES Protocols and procedures were established during meetings held with Michael Huntley on March 16th, as well as with Rob Field and Michael Huntley on March 29th, and will continue unless otherwise notified by the City. Notes of these meetings are attached hereto. II. CAROUSEL MALL STATUS A site tour of the Carousel Mall has been scheduled for Wed. April 14th from 1-3pm at which time the City and RDICO Team Members will discuss existing information relative to the following: a. Environmental conditions b. Timing & cost parameters of Mall demolition c. Underground utility locations & conditions d. Harris Building & Woolworth Building e. Other relevant information f. Monthly meeting recaps g. Action items: City & RDICO’s respective teams III. COMPREHENSIVE DISCUSSIONS RELATED TO ADDITIONAL DOWNTOWN REDEVELOPMENT STRATEGIES & DEVELOPMENT OPPORTUNITIES a. Riverwalk b. Water resource management c. Green roofs & urban agriculture d. Urban forestry e. Healthy land use f. Intermodal transportation options g. Monthly meeting recaps h. Action items: City & RDICO’s respective teams 24.a Packet Pg. 735 Attachment: Attachment 1 March 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real IV. FORMALIZATION OF AGREEMENT BETWEEN CITY & MASTER DEVELOPER City and Master Developer along with their respective legal counsels will be meeting on April 14th between 10 am and 12pm t discuss options for the creation of legal documents to formalize the relationship between the parties. a. The parties will discuss ways the City can potentially work with the RDICO Team to submit applications for grants & pursue other funding mechanisms that are, or will become, available b. Review Visual & Analytics (V&A) tool w/ City if time & technology equipment are available c. Monthly meeting recaps d. Action items: City & RDICO’s respective teams V. COORDINATED EFFORTS BETWEEN CITY, PLACEWORKS & MASTER DEVELOPER Throughout the pre-selection process for both the City’s planning firm & Master Developer, there has been an emphasis on building and maintaining a collaborative effort. It is imperative that the City, planning firm, and Master Developer work hand-in-hand with each other and with Community Stakeholders. a. Monthly meeting recaps b. Action items: City & RDICO’s respective teams VI. COMMUNITY OUTREACH STRATEGIES RDICO will be meeting with Property & Business Owners on Wednesday, April 14th at 5pm and 7pm to begin explaining the benefits of their Unified Development Approach (UDA) that illustrates the inclusion, and not exclusion, of all Community Stakeholders. a. Monthly meeting recaps b. Action items: City & RDICO’s respective teams VII. ENTITLEMENTS A properly written From-Based Zoning Code will quickly demonstrate the power that zoning can have in the form of Municipal currency. This will enable Downtown San Bernardino’s revitalization & transformation to occur in a rapid fashion while adhering to the Triple-Bottom- Line Principles of socially, environmentally & economically responsible development. a. Monthly meeting recaps b. Action items: City & RDICO’s respective teams VIII. EQUITABLE TRANSIT ORIENTED DEVELOPMENT (ETOD) a. Throughout the entire pre-development & development process, a focus must be maintained for the creation of mixed-income housing opportunities b. This focus must consider both Community needs & wants as well as adherence to State- wide legislation c. Attainable housing d. Mixed Income housing e. Monthly meeting recaps 24.a Packet Pg. 736 Attachment: Attachment 1 March 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real f. Action items: City & RDICO’s respective teams IX. COMMUNITY BENEFITS a. Local preference for: i. construction jobs ii. permanent jobs & careers iii. entrepreneurial opportunities iv. workforce training b. Community informational office c. Fair-Share Mitigation provisions d. Potential for revenue-sharing opportunities e. Monthly meeting recaps f. Action items: City & RDICO’s respective teams X. MARCH HIGHLIGHTS a. March 3rd – City Council selection of RDICO for Master Developer negotiations. b. March 16th – City & RDICO virtual kickoff virtual meeting attended by Michael Huntley, Jian Torkan, Donald Monti, Ernesto Hidalgo, and Luiz Aragon. Meeting notes are attached hereto. c. March 16th – Placeworks & RDICO virtual kickoff meeting attended by Karen Gulley, Jian Torkan, Donald Monti, Ernesto Hidalgo, and Luiz Aragon. All parties agreed on the importance of working together in all aspects of the creation of a Downtown Specific Plan. Placeworks explained that they are still gather data from the City and in the process of evaluating their community engagement strategy. RDICO shared that they will open a community information office in the Downtown that they would like to make this available to Placeworks for outreach efforts for the Downtown Specific Plan. Placeworks expressed a few ideas about how the community information office could be programmed into joint outreach efforts. Both sides agreed to continue discussing ideas when the RDICO Team visits San Bernardino the week of April 12th. d. March 17th – RDICO met with the representative for, and completed a walk-through of, the closed Radisson Hotel in Downtown San Bernardino. The hotel representative shared that no asking price has been established for sale of the hotel and that the current owner is not eager to sell, but, rather is assessing the current interest and market demand for the hotel property. RDICO explained that the current owner could use various methods to arrive at an asking price as well as other possibilities to renovate the hotel property and contribute to the revitalization of the Downtown. e. March 24th – RDICO attended the Effectiveness of Tax Increment Finance Tools (SB 961) Report webinar, which highlighted the presentation by RDICO team member Kosmont Companies, & which was hosted by the following State agencies: i. Governor’s Office of Planning and Research ii. Strategic Growth Council iii. Department of Housing and Community Development iv. California Housing Finance Agency v. State Treasurer’s Office 24.a Packet Pg. 737 Attachment: Attachment 1 March 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real vi. California Air Resources Board vii. Office of Business and Economic Development viii. Business, Consumer Services, and Housing Agency ix. Housing & Community Development The Effectiveness of Tax Increment Finance Tools (SB 961) Report webinar presentation highlights a missed opportunity since only two Tax Increments Finance Districts in the State of California include a partnership between a City and County to maximize funding for infrastructure, housing, and other community benefits. The webinar presentation can be viewed here: https://www.youtube.com/watch?v=TOqNeGTYa0s f. March 26th – RDICO had follow-up virtual meeting with the Radisson Hotel representative and discussed how RDICO might be able to help the hotel property owner achieve its goals and help revitalize the Downtown. Both parties agree to follow- up and possibly meet in person while the RDICO Team is in San Bernardino the week of April 12th. g. March 29th – City & RDICO virtual kickoff virtual meeting attended by Robert Field, Michael Huntley, Jian Torkan, Donald Monti, and Ernesto Hidalgo. Meeting notes are attached hereto. ATTACHMENTS: 1. 3/16/2021 Meeting Notes – City & RDICO 2. 3/29/2021 Meeting Notes – City & RDICO 3. Effectiveness of Tax Increment Finance Tools (SB 961) Report webinar: https://www.youtube.com/watch?v=TOqNeGTYa0s 24.a Packet Pg. 738 Attachment: Attachment 1 March 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real March 16, 2021 Meeting Notes Date: 3/16/21 Time: 11:30am-12:50pm PT Subject Matter: Progress meeting-Michael Huntley & RDICO Team. Invitees Initials Participated (Y/N) Michael Huntley MH Y Jian Torkan JT Y Don Monti DM Y Ernesto Hidalgo EH Y Luiz Aragon LA Y Karen Carroll KC Y Meeting Notes • Established protocols for communications between RDICO and City. o EH is RDICO’s contact person. o Amory Arnett is point of contact for City Manager Rob Field. o Contact MH directly until further notice. • Discussed initial administrative and operating procedures. o RDICO to submit to city staff monthly progress report on or about the first of each month for the previous month’s activities. o Tentatively scheduled meetings between City staff and RDICO bi-weekly the first and third Monday of each month at 1:30 PM PCT • Discussed scheduling site tour for Mall and other relevant Downtown properties on April 13th or 14th with the RDICO team and City representatives. • Discussed City forwarding as many relevant documents regarding the Carousel Mall that City is able to assemble prior to the site tour. • Discussed potential for both City and RDICO to meet in person with their respective legal counsels on either April 13th or 14th to review the following: o Potential for City and RDICO to agree on a basic term sheet that would serve as an outline for a DDA to accelerate the process to take advantage of infrastructure stimulus dollars; vs. an ENA and ultimate DDA. o A form of Community Benefits to be coordinated in the form of either a CBA or as part of the DDA as well as a potential Form Based Code to ensure the ability for legal enforcement. • Discuss coordination and participation with Placeworks and RDICO early on in the project to ensure a consistency in messaging occurs. • Check if City can reach out to Jack Dangermond of Esri for meeting on April 13th or 14th. • DM expressed a desire to personally introduce himself to the Mayor and Council Members while in San Bernardino if that can be arranged. 24.a Packet Pg. 739 Attachment: Attachment 1 March 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real • MH and EH to work on the creation of project goals and milestones to be incorporated into a Project Management Platform: • MH and EH to agree upon a format for the creation of action items/ follow-up procedures to keep the project on track. • Discussed potential use of Zimmerman/Volk Associates (ZVA) for the San Manuel Tribe-funded survey of public employees wishing to live near work. EH to provide ZVA information to MH. ZVA’s website is https://www.zva.cc/ Thank you, Michael, great first progress meeting. 24.a Packet Pg. 740 Attachment: Attachment 1 March 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real March 29, 2021 Meeting Notes Date: 3/29/21 Time: 2- 2:52pmPT Subject Matter: City of San Bernardino & RDICO Attendees Attendees Participated (Y/N) Michael Huntley MH Y Rob Field RF Y Don Monti DM Y Ernesto Hidalgo EH Y Jian Torkan JT Y Karen Carroll KC Y Meeting Notes • Mention of meeting agenda that was emailed to all attendees earlier o Confirmed communication protocols— ▪ For RF: cc: Amory Arnette ▪ For MH: direct emails to MH and cc: Stephanie Sanchez when requested o Bi-weekly meetings at 2pm on Mondays preceding regularly scheduled council meetings o EH will submit Monthly reports for Council by the first week of the following month. • 4/14 schedule o 10am meeting w/legal counsel in multi-purpose room in 201 building. RDICO to have no more than 5 people physically present at meeting with additional participants via Zoom. EH to submit list of participants prior to 4/14 meeting ▪ Discussion took place about whether to proceed with ENA or DDA during the 6-month negotiation approved by City Council ❖ RF stated that the City may consider an accelerated ENA or Term Sheet while willing to discuss a preliminary structure and outline for a DDA. ▪ DM stated that pursuing both options simultaneously could be further explored during the 4/14 meeting between RDICO and the City which will include both sides legal counsels. ▪ Discussion took place about RDICO & the City agreeing to a series of milestones during the 4/14 meeting to foster a collaborative environment. ▪ Discussion occurred regarding the RDICO Team’s meetings and site tour w/the Radisson Hotel broker, which included the potential to have either the current owner- investor or new owner join in the larger effort to revitalize the Downtown. ❖ JT reported that there is no current asking price but he advised the broker on how to potentially arrive at a price and DM suggested other options for the seller to consider at this point. 24.a Packet Pg. 741 Attachment: Attachment 1 March 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real ❖ RF commented that the current owner-investor has been difficult to reach and did not respond to inquiries from the City for years, and that the City would prefer to see the ownership change hands to a new ownership that is more willing to work with the City. ❖ RDICO expressed that they are here to help to facilitate the process and believe there is value in keeping this space primarily as a hotel use and convention center when it is renovated. RDICO also reported that the current owner is not ‘desperate’ to sell, but RDICO will keep them engaged in an effort to keep them motivated to sell or contribute to the larger Downtown revitalization efforts, potentially in a joint venture or other collaborative process. In regards to the parking structure that is tied to the hotel, convention center and City Hall, RF explained that this is more complicated because that parking is used by the City. MH added that a substantial number of parking spaces are leased by the City & convention center, but this needs to be reviewed within the applicable agreements. DM commented that the Radisson Hotel parking structure is a solution that needs to be looked at as parts of an overall parking strategy for the City and Downtown, such as parking districts. RF also highlighted that there are additional Downtown parking locations at the Carousel Mall and adjacent to City Hall. o 1-3pm Carousel Mall & properties Walk- through ▪ RDICO & City agreed to schedule additional walk-throughs as needed subsequent to the 4/14 site tour. ▪ EH will submit the number of participants in advance of the 4/14 site tour, which is anticipated to include approximately 10-12 people from RDICO team • DM requested to receive the Carousel Mall documents prior 4/14 in preparation for the site tour. MH confirmed that RDICO provided Dropbox information for this purpose last week and the City is currently uploading documents to this Dropbox folder. • DM asked whether there are any encumbrances on Carousel Mall properties, to which MH stated there were none that the City is aware of, but this information will be found in the documents to be provided. • JT asked RF about a survey he previously mentioned about workers in the downtown desire to live near work that was being funded by the San Manuel Tribe. RF responded that the San Manuel Tribe has provided funding for UCR/Christopher Thornberg to study the City’s economy from a global perspective to identify opportunities for growth, which should be completed by early-May. RF stated that the study is not specific to downtown, but encompasses the entire City. o JT mentioned that Zimmerman Volk Associates (ZVA), a consultant that comprises part of the RDICO Team, does an in-depth market study to project future rent potential for new, transitioning markets, and that there may be an opportunity to explore their use for purposes of surveying the downtown workforce. RF responded that perhaps there is a possibility that UCR and ZVA could work together and asked MH to share UCR’s scope of work so that JT could explore this possibility. o Note: MH already provided UCR’s scope of work via email immediately following this meeting, and it appears that UCR is a direct client of the San Manuel Tribe and that the proposal is to “provide an economic development lens to the revitalization of San 24.a Packet Pg. 742 Attachment: Attachment 1 March 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real Bernardino’s downtown precinct, and will provide the City Council and, by extension, the city’s residents with the tools and data to make San Bernardino the first 21 Century City in California.) • EH asked about the status of Placeworks’ Public Participation Plan regarding the creation of the downtown specific plan and outreach by Placeworks. MH explained that Placeworks is currently focused on activating the Downtown Advisory Committee, but emphasized that RDICO needs to work in partnership with Placeworks to move the project forward. • RDICO notified the City that they will be hosting a discussion with Property and Business Owners in the downtown to explain RDICO’s selection and provide updates on the process during meetings on 4/14, and that Placeworks has been invited to participate. MH offered to provide David Kashani (Property Owner of 5th/E Street Property) and American Sports University contact information to RDICO for RDICO’s outreach to property owners. DM also mentioned that RDICO is looking into occupying a space in the downtown to serve as a community information office. • RF also mentioned that there are 25,000 employees who work in the downtown, but none live in the downtown and he referenced a survey by the EDA, whom MH offered to contact to provide RDICO a copy of the survey. Requested deliverables from City: 1. Parking agreements related to the Radisson Hotel, convention center & City 2. All documents related to the Carousel Mall, including: a. Structural analyses of the existing parking structure on the corner of Fourth and E streets; b. Approximately seven environmental reports; c. Parking covenants, agreements, or other potential encumbrances affecting the Carousel Mall site involving the theaters and/or other stakeholders; and d. All other documents related to the Carousel Mall site RDICO deliverables: 1. List of names for 10 am meeting with the City on 4/14 2. Number of participants for 1pm walk-through of Carousel Mall and other downtown properties. 24.a Packet Pg. 743 Attachment: Attachment 1 March 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real 1 Monthly Progress Report April 2021 DATE: May 7, 2021 ATTN: Rob Field, City Manager; Michael Huntley, Director of Community & Economic Development Enclosed please find the RDICO Progress Report for the month of April, which includes RDICO’s recap of meetings and activities for review with the City. DATE ACTIVITY 4/5 Virtual Meeting with Hadley Arnold of the Arid Lands Institute: The RDICO Team (J. Torkan, D. Monti, E. Hidalgo, G. Mayer) consulted with Hadley Arnold, a nationally recognized authority on water resource management and placemaking in water stressed environments, regarding the potential environmental and other benefits associated with the inclusion of a Riverwalk as part of the overall development plan. This included discussions relative to a full urban hydrology vision suited to a drylands region, as well as water resource management solutions that must be articulated. Action Item A- continue with ongoing outreach and discussions. 4/5 Virtual Meeting with Kevin Thomas and Michael Choi of Kimley Horn: The RDICO Team (J. Torkan, D. Monti, E. Hidalgo, G. Mayer) met with Kimley Horn, a consultant to the City’s Public Works Department, as well as to numerous other public and private sector clients, including their participation as part of the RDICO RFP Response Team. Kevin Thomas, the local lead regarding CEQA and entitlements, and Michael Choi, Project Manager, explained some of the past initiatives regarding water resources pertinent to the Riverwalk proposal. Thomas and Choi agreed to provide a cursory review of documents sent by the City in advance of the 4/14 site tour of the Carousel Mall, Woolworth building, Harris Building, and other properties. Action Item B- continue with ongoing outreach and discussions. 4/5 Bi-Weekly Virtual Meeting with Community & Economic Development Director Michael Huntley: RDICO (J. Torkan, D. Monti, E. Hidalgo) met with Director Huntley to discuss preparations for meetings with the City Manager and City Attorney, and the site tour of downtown properties. Staff offered to arrange for RDICO to tour the Carousel Mall, Woolworth building, and Harris building on April 14th. Action Item C- completed 4/6 Virtual Meeting with San Bernardino Area Chamber of Commerce SBACC: RDICO (E. Hidalgo) met with SBACC Executive Director Judi Penman to plan a series of co- hosted meetings on April 14th with Chamber members as well as business and property owners in Downtown San Bernardino. Action Item D - completed 24.b Packet Pg. 744 Attachment: Attachment 2 April 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real 2 4/7 IE Education & Workforce Readiness Summit: RDICO (E. Hidalgo) attended the IE Education & Workforce Readiness Summit, which included the Offices of Education for the Counties of San Bernardino and Riverside, as well as the participation of Dr. Angelov Farooq, Chair of the California Workforce Development Board, among others. The event was hosted by the IE Regional Chamber of Commerce. Action Item E - completed 4/8 Virtual Meeting with San Manuel Tribe: RDICO (J. Torkan, D. Monti, E. Hidalgo) had met with the San Manuel Tribe (P. Mateo) to discuss their vision and possibilities for working with the RDICO Team for the redevelopment of Downtown San Bernardino. The meeting went well and we look forward to future conversations with the Tribe. Action Item F- continue with ongoing outreach and discussions. 4/12 RDICO In-Person Internal Team Meeting with Principals, Legal Counsel (AlvaradoSmith), Economic Development Consultant (Larry Kosmont), CSPM Community Outreach Leader (Siris Barrios), and Marketing Consultant (FluxBranding) to prepare for series of upcoming meetings in San Bernardino. Action Item G - completed 4/12 Virtual Meeting with Dr. Christopher Thornburg & Edward Ornelas, CEO of the IE Regional Chamber of Commerce (IERCC): RDICO (J. Torkan, D. Monti, E. Hidalgo) met with Dr. Christopher Thornburg and his team, as well as IERCC, to discuss economic considerations for Downtown San Bernardino and the IE region. Thornburg explained he is preparing a report for the City that will highlight some of the opportunities for Downtown San Bernardino to become a high-density jobs center and drive economic growth for the region. Thornburg and RDICO agreed to continue the discussion and the exchange of ideas in future meetings. Action Item H- scheduled meeting for 4/27 to continue outreach and discussions 4/12 Meeting with Mayor Pro Tem Ibarra, and Councilmembers Alexander and Reynoso: RDICO (J. Torkan, D. Monti, E. Hidalgo, K. Carroll) met with the three council members for Donald Monti’s first in-person introduction due to prior COVID-19 restrictions. Much of the conversation centered around the need to engage early on in discussions for a Community Benefits Agreement and to finalize a formal development agreement satisfactory to all parties. These councilmembers also requested that the RDICO Team maintain this open line of communication with them and that they be included in the distribution of RDICO’s monthly progress report. RDICO advised that City staff has requested that these communications be submitted to City staff and that staff would see to it that the Council Members receive this report in a timely manner. The Councilmembers also expressed their support for a city employee to be hired as a dedicated full-time person for this project. Action Item I - continue with ongoing outreach and discussions. 4/12 Meeting with Edward Ornelas, IERCC CEO: RDICO (J. Torkan, D. Monti, E. Hidalgo, K. Carroll) met with Edward Ornelas for in-person introductions and discussed opportunities for potential collaboration on local and regional workforce and small business development and training opportunities. Action Item J - scheduled meeting for 4/27 to continue outreach and discussions. 24.b Packet Pg. 745 Attachment: Attachment 2 April 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real 3 4/12 Meeting with David Mlyanarski, Commissioner of the City of San Bernardino Water Board: RDICO (J. Torkan, D. Monti, E. Hidalgo) met with David Mlyanarski and discussed past plans, such as the “Lakes and Streams” Downtown revitalization plan, 2007 ULI Advisory Panel Report, and 2009 AECOM Vision to create water features in the Downtown for beautification and revitalization purposes. The Commissioner’s assessment was that there are various water rights stakeholders who may have a shared interest in creating a Riverwalk-type feature which achieves multiple infrastructural, environmental, and economic public benefits. Action Item K - continue with ongoing outreach and discussions. 4/13 Meeting with Mayor Valdivia at City Hall: RDICO (J. Torkan, D. Monti, E. Hidalgo) met with Mayor Valdivia for Donald Monti’s first in-person meeting with the Mayor. The Mayor emphasized his desire to see the Mall demolished as soon as possible. RDICO explained that they would be touring the Mall property with City Staff the next day, and that its ability to participate in, and determine, a reasonably accurate scope of work and associated costs for demolition of the Mall was dependent upon RDICO entering into an agreement with the City. The Mayor acknowledged this and expressed his desire to support moving forward with this strategy. RDICO team members reviewed the materials forwarded to them regarding specific environmental and other conditions related to the mall that must be researched further to determine the extent and complexity of demolition. Once an agreement is executed, RDICO can discuss with the City further invasive environmental testing that will be required as part of RDICO's due diligence. Action Item L- continue with ongoing outreach and discussions. 4/13 Meeting with Councilmember Sanchez: RDICO (J. Torkan, D. Monti, E. Hidalgo) met with the Councilmember Sanchez for Donald Monti’s first in-person meeting with the Councilmember. RDICO provided a brief update on recent and upcoming meetings, and Councilmember Sanchez expressed support for Jian Torkan’s credibility, track record, and reputation as a developer in San Bernardino. Councilmember Sanchez also expressed his support for a Community Benefits Agreement and RDICO was in complete agreement with the Councilmember regarding any and all efforts towards commencing with a CBA. Action Item M - continue with ongoing outreach and discussions. 4/13 Meeting with Supervisor Joe Baca, Jr., Ed Chavez, & Kim Knaus: RDICO (J. Torkan, D. Monti, E. Hidalgo, L. Kosmont) met with Supervisor Baca and members of his staff to introduce the RDICO Team as the selected Master Developer pursuant to the City of San Bernardino's Request for Proposals. The Supervisor and his team expressed total support for the redevelopment of the City's downtown core area and offered to provide any assistance he could towards exploring different avenues of pursuit. He and his staff emphasized the need to address issues such as homelessness, attainable housing, infrastructure, economic development, and tax increment financing options. Action Item N- continue with ongoing outreach and discussions. 4/13 Meeting with Civic Center Neighborhood Association (CCNA): RDICO (J. Torkan, D. Monti, E. Hidalgo) met with CCNA President Kristopher Gonzalez and Vice President 24.b Packet Pg. 746 Attachment: Attachment 2 April 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real 4 Amanda Maldonado-Arroyo to discuss CCNA’s priorities and initiatives, and how they can collaborate with the RDICO Team for the revitalization of Downtown. RDICO assured the CCNA representatives that they would continue building a synergistic relationship between our respective organizations. Action Item O - continue with ongoing outreach and discussions. 4/13 Meeting with Environmental Justice Coalition: RDICO (J. Torkan, D. Monti, E. Hidalgo, S. Barrios, K. Carroll) met with the community organizations listed below to introduce our Team and to begin a dialogue around certain concerns and priorities that this group wanted to bring to our attention. Some of these topics revolved around addressing issues such as the environment, homelessness, attainable housing, job creation, and entrepreneurial opportunities for members of the local community. They expressed that they wanted to show their full support for this redevelopment opportunity, but emphasized that early discussions regarding a Community Benefits Agreement were essential for continuation of their support. RDICO explained that they too are totally supportive of this approach and that they are willing to continue discussions along these lines. Environmental Justice Coalition participants: Teamsters Local 1932 Sierra Club IE Labor Council Congregations Organized for Prophetic Engagement Inland Coalition for Immigrant Justice Inland Congregations United for Change IE High Road Job Training Center Warehouse Worker Resource Center Partnership for Working Families People's Coalition for Environmental Justice Action Item P- continue with ongoing outreach and discussions. 4/13 Meeting with Councilmember Calvin: RDICO (J. Torkan, D. Monti, E. Hidalgo) met with Councilmember Kimberly Calvin. This was Donald Monti’s first in-person meeting with the Councilmember and RDICO provided a brief update on recent and upcoming RDICO scheduled meetings. Councilmember Calvin emphasized the importance of early discussions and progress regarding the formation of a Community Benefits Agreement for a project of this significance and magnitude and RDICO expressed their complete agreement. Councilmember Calvin also expressed her desire to review the RDICO monthly progress report as soon as it is provided to City staff. She also expressed her support for Jian Torkan and his many years of successful development in the City of San Bernardino. Action Item Q - continue with ongoing outreach and discussions. 4/13 Meeting with Councilmember Shorett: RDICO (J. Torkan, D. Monti, E. Hidalgo) met with Councilmember Shorett for Donald Monti’s first in-person introduction due to prior COVID-19 restrictions. RDICO provided a brief update on their recent and 24.b Packet Pg. 747 Attachment: Attachment 2 April 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real 5 upcoming meetings. Councilmember Shorett also expressed his desire to finally see something positive happening for the Downtown revitalization since he has seen previous failed attempts and is encouraged by this team and their vision. In addition, Councilmember Shorett expressed his respect for Jian Torkan and his company's track record as a long-standing trusted developer in the City. The Councilman also expressed his support for City staff to have a dedicated employee focused full-time on the Downtown revitalization project. RDICO emphasized that in their experience, an individual in this position is almost a necessity given the importance and magnitude of this project. Action Item R - continue with ongoing outreach and discussions. 4/13 RDICO Informational Dinner Reception: RDICO and their respective team members hosted an informational dinner attended by a cross-section of community stakeholders, to explain in detail the overall RDICO methodology centered around a Process-Before-Plan approach. This resulted in a productive evening of questions, answers, and strategies for expeditiously moving forward. RDICO committed to the entire group that they would continue supporting this platform for productive and inclusive conversations. Action Item S - continue with ongoing outreach and discussions. 4/14 Meeting with San Bernardino Area Chamber of Commerce (SBACC): Judi Penman, SBACC Executive Director, invited the RDICO team (J. Torkan, D. Monti, E. Hidalgo, R. Ardolino, C. Dameron, S. Barrios, J. Schwartzman, K. Carroll) to present to SBACC members, their Process Before Plan approach and vision for a successful and transformative revitalization of the Downtown. This well-attended meeting received positive feedback both during and after the presentation. Everyone appeared excited to move things forward and expressed their desire to participate where needed and when appropriate. Acton Item T - continue with ongoing outreach and discussions. 4/14 Meeting with City Manager Robert Field, Community & Economic Development Director Michael Huntley, and City Attorney Elizabeth Hull: On April 14th, City Manager Rob Field, Community and Economic Development Director Michael Huntley, and City Attorney Elizabeth Hull met in person with RDICO team members J. Torkan, D. Monti, E. Hidalgo, and Co-counsels R. Salinas and J. Ruiz, as well as, via Zoom, L. Kosmont, R. Ardolino, L. Aragon. The purpose of this meeting was to begin a dialogue for how the parties could move forward expeditiously for this long-awaited redevelopment opportunity. Topics discussed during this meeting included the following: ● Confirmed communication protocols; ● Began discussion regarding overall development boundaries; ● Discussed pathways for getting to a binding agreement between the parties in a timely manner that would, amongst other things, set forth the goals, objectives, and milestones between the parties; ● Discussed Surplus Land Act (SLA) procedures; 24.b Packet Pg. 748 Attachment: Attachment 2 April 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real 6 ● Parties agreed that the RDICO Team would provide an initial draft of the deal terms for revitalization of the Downtown for review; ● RDICO informed City staff that they would be opening a community informational office around June 1st that will be available for use by RDICO and PlaceWorks in a collaborative manner; ● Discussed exploring future opportunities for tax increment financing (TIF) with City and newly formed Council Committee; ● Discussed community benefits as part of the overall development strategy; ● Discussed potential for City hiring a full-time employee dedicated to the overall redevelopment of the downtown core area; ● Discussed the potential timing and challenges for demolition of the mall, which will require additional invasive environmental and other investigations in order to set realistic goals, objectives and timeframes to accomplish the above. ● Discussed exploring potential funding and grant opportunities currently available, as well as future State and Federal stimulus dollars and how the City can begin to position itself to benefit from these unique opportunities. The City and RDICO will look to further these conversations in future meetings. The RDICO Team would like to schedule a follow-up in-person meeting with the City and each of our respective legal counsel for Wednesday, May 26th, at time convenient for the City which is when the entire RDICO Team will be convening in San Bernardino. Action Item U – send draft Agreement to the City and schedule follow-up in-person City/RDICO meeting. 4/14 Tour of Downtown Properties: A site tour of the Carousel Mall, Woolworth Building and several other properties in the Downtown was completed by the RDICO Team on Wednesday, April 14th. RDICO was accompanied by the City Manager, Assistant City Manager, Director of Community and Economic Development, PlaceWorks (the City’s Planning Consultant), and other City Staff and consultants. Discussions regarding the site tour were relative to the following: a. One of the main goals for performing the site tour was for the RDICO Team to assess any potential for redevelopment or repurposing of all or any portions of the existing properties. RDICO’s conclusion was that the mall should be demolished in order to make way for future development on the site subject to the following: b. Conditions affecting the timing & cost for demolition of the mall: i. Environmental conditions requiring further invasive and other testing; ii. Underground utility locations & conditions; iii. Easements affecting demolition; iv. Title issues affecting the property; v. Authority in the form of some agreement to perform demolition; 24.b Packet Pg. 749 Attachment: Attachment 2 April 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real 7 vi. In order for any meaningful cost estimate to be put forth for the demolition of the mall, items i.-v. must be addressed with the RDICO Team and the City; vii. While RDICO and the City review and discuss the aforementioned conditions, we suggest that our Team along with the City immediately work collaboratively to explore avenues for funding opportunities for demolition purposes, either currently available or available through future Stimulus dollars c. Harris Building – The City was unable to coordinate access to the interior of the Harris Building which they will look to schedule during a subsequent visit. d. Woolworth Building – At first glance, this building appears to be in good structural condition, which will have to be further verified in order to determine the feasibility for rehabilitation and repurposing decisions. Action Item V - continue with ongoing research that will enable the City and RDICO to discuss and agree upon solutions for the conditions stated above. 4/14 In-Person & Zoom meetings with Downtown Property & Business Owners: RDICO hosted an in-person meeting in the ballroom of the DoubleTree Hotel and a Zoom meeting for participants in remote locations. Several community stakeholders participated in both of these venues and the overwhelming message was, “how can we help to move forward this long-awaited development as quickly as possible?” Several property and business owners were pleased to hear that this redevelopment opportunity would enable them to participate in an inclusionary manner that considers the challenges they face pre- and post-pandemic. PlaceWorks, the City’s Planning Consultant, provided an update on the City’s General Plan and Downtown Specific Plan and participated in the events of the evening. RDICO advised the attendees that the opening of their informational office will present opportunities for these types of gatherings to take place on a regular basis. Action Item W - continue with ongoing outreach and discussions. 4/15 Business Roundtable Meeting Hosted by Councilmember Damon Alexander: RDICO (J. Torkan, E. Hidalgo) were invited by Councilmember Damon Alexander to present their overall vision for the redevelopment of San Bernardino’s Downtown Core Area. This well-attended in-person and virtual meeting was received very positively by civic and business leaders in attendance. The overall take-away of this meeting was that early community outreach is something that is well appreciated by San Bernardino residents and business leaders alike. Action Item X - continue with ongoing outreach and discussions. 4/16 Meeting with Assembly Majority Leader Eloise Reyes: RDICO (D. Monti, E. Hidalgo) met via Zoom with Asm. Majority Leader Eloise Reyes and her staff to introduce the Leader to RDICO as the selected Master Developer for the revitalization of Downtown San Bernardino, and to provide an overview of RDICO’s Process Before Plan methodology that involves community stakeholder outreach from the outset. The Leader expressed her willingness to continue these discussions and emphasized the importance of addressing early on community concerns regarding issues such as 24.b Packet Pg. 750 Attachment: Attachment 2 April 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real 8 environmental justice, housing and workforce development, and incorporating these priorities into a community benefits agreement. The Leader was receptive to continuing this dialogue and possibly meeting in-person in the near future. Action Item X - continue with ongoing outreach and discussions. 4/19 Bi-Weekly Virtual Meeting with Community & Economic Development Director Michael Huntley: RDICO (J. Torkan, D. Monti, E. Hidalgo) met with Director Huntley and discussed the following items: ● RDICO to provide City recap of April events and meetings in their monthly progress report; ● Director Huntley advised that SLA Notice of Availability should be presented at May 19th City Council Meeting; ● RDICO will provide a draft of suggested deal terms to the City Attorney intended to be negotiated and finalized during the 6-month period set out in the minutes of the March 3rd meeting; ● San Manuel Tribe plans for adding a hotel and theater at their current facility; ● RDICO and Director Huntley discussed the merits of hiring a dedicated full- time city employee to serve as Project Manager for this project; ● J. Torkan advised the City that he is working with Patricia Nickols of CAP and Job Corp. to apply for Lowes 100 Hometowns Grant and launch an initiative which combines the private and non-profit sectors support to revitalize the facades of homes in the residential neighborhood north of Downtown San Bernardino and provide local job opportunities. ○ JT explained that he will coordinate these efforts in consultation with the City’s Police and Code Enforcement departments. Action Item Y - continue with ongoing bi-weekly meetings for additional updates. 4/19 Virtual Meeting with Assemblymember James Ramos: RDICO (J. Torkan, D. Monti, E. Hidalgo) met via Zoom with Asm. Ramos and his staff to introduce the Assemblymember to RDICO as the selected Master Developer for the revitalization of Downtown San Bernardino, and to provide an overview of RDICO’s Process Before Plan methodology that involves community stakeholders from the outset. RDICO recognized the role of Asm. Ramos’ procurement of $3M in State funding for the City’s General Plan and Downtown Specific Plan in the transformative revitalization of the Downtown. Asm. Ramos’ priorities on housing, workforce development, and small businesses were also discussed, as well as the opportunity to address this as part of a CBA to ensure the project’s long-term sustainable economic growth. It was agreed that Asm. Ramos and RDICO would continue dialogue on how this redevelopment effort is progressing, and try to schedule an in-person meeting in the near future. Action Item Z - continue with ongoing outreach and discussions. 4/19 Accelerating Investments in Healthy Communities Housing Pipeline Workgroup: RDICO (J. Torkan, D. Monti, E. Hidalgo) was invited to present to this workgroup of affordable housing developers, philanthropies, and government agencies to hear discussions around setting reachable goals for meeting San Bernardino’s Regional 24.b Packet Pg. 751 Attachment: Attachment 2 April 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real 9 Housing Needs Assessment (RHNA) allocation targets. During the meeting, RDICO was asked to present an update on its selection as Master Developer and vision for the Downtown revitalization. Action Item AA - continue with ongoing outreach and discussions. 4/21 IE Regional Chamber of Commerce Multi-Cultural Business Initiative: RDICO (E. Hidalgo) participated in the launch of this initiative to leverage the region’s rich and diverse talents to synergistically create business and employment opportunities to achieve a more robust and sustainable economic growth. Action Item BB - continue with ongoing outreach and discussions. 4/27 Meeting with Dr. Christopher Thornburg & Team: RDICO (J. Torkan, D. Monti, E. Hidalgo) provided updates since the prior meeting on 4/12. Dr. Thornburg explained that his report for the City is now anticipated to be presented in July and will highlight the important roles of zoning, infrastructure investments, and community engagement in creating a high-density jobs center that will drive economic growth for the region. Thornburg and RDICO agreed that their visions appear to be aligned and will focus their next conversation on how zoning can be used as currency to achieve these goals. Action Item CC - continue with ongoing outreach and discussions. 4/29 Institute for Local Government Webinar “Can Counties and Cities Get Along? EIFD’s Are a Start.”: RDICO Team member Larry Kosmont hosted a presentation featuring Orange County Supervisor Doug Chaffee, Madera County Chief of Development Services Matt Treber, and Placentia Mayor Pro Tem Chad Wanke, to explain how their cities and counties collaborated to successfully create EIFD’s that address their mutual interests. The webinar provided case studies for RDICO’s current effort with the City and County of San Bernardino. Here is the link to the webinar and presentation materials: https://www.ca-ilg.org/eifdwebinar Action Item DD - continue with ongoing outreach and discussions. 4/30 Meeting with PlaceWorks: RDICO (D. Monti, E. Hidalgo, G. Mayer, S. Barrios, C. Dameron, K. Carroll) met with PlaceWorks (K. Gulley, W. Thresher, S. Espadas) to discuss coordinating a collaborative effort between the City, PlaceWorks, and RDICO for community outreach as well as all aspects related to the creation of the Downtown Specific Plan. The idea for a soft grand opening of RDICO’s Community Informational Office at the end of May hosted by RDICO and PlaceWorks will be discussed with the City as well as the potential for a pop-up event coordinated by the City some time towards the middle of or latter part of June. Action Item EE - continue with ongoing outreach and discussions. 24.b Packet Pg. 752 Attachment: Attachment 2 April 2021 Progress Report (7365 : Update Regarding Negotiations with Renaissance Downtown USA/ICO Real Page 1 Request for Future Meeting City of San Bernardino Date: June 2, 2021 To: Honorable Mayor and City Council Members From: Ben Reynoso, Council Member, Ward 5 Subject: Phasing Plan to Transition City Owned and Operated Vehicles to 100% Electric Vehicles (All Wards) 25 Packet Pg. 753